#NNPA BlackPress
COMMENTARY: Comcast vs Byron Allen Supreme Court hearing analysis
NNPA NEWSWIRE — “I’m not a lawyer, but it seemed clear to me that the Justices (Justice Ruth Bader Ginsburg was absent because, in the words of Chief John Roberts, she was “indisposed due to illness”) thought the issue was what the pleading standard for a §1981 claim should be, not at this point whether Comcast had racially discriminated against Byron Allen.” — Armstrong Williams
By Armstrong Williams, NNPA Newswire Contributor
I had the privilege to hear oral argument at the Supreme Court of the United States of America in Comcast v. National Association of African American-Owned Media. The case focused on one of the country’s oldest civil rights laws, the Civil Rights Act of 1866 (42 U.S.C. § 1981), and its ban on racial discrimination in contracts.
The case was brought by Entertainment Studios Network (ESN), a company owned by comedian Byron Allen, who is African American, and the National Association of African American-Owned Media. They maintained that Comcast’s decision not to carry ESN’s “lifestyle” television channels, including JusticeCentral.TV, Pets.TV and Recipe.TV, was due to racial discrimination and accordingly violated the § 1981 ban on racial discrimination in contracts.
The California district court dismissed ESN’s lawsuit, concluding that the complaint, which sought billions of dollars in damages, had not properly plead that Comcast’s refusal to carry ESN’s “lifestyles” channels was motivated by race, rather than by legitimate business reasons. The U.S. Court of Appeals for the 9th Circuit reversed, holding that ESN did not have to show “but for” causation – that is, “but for” Byron Allen’s race Comcast would not have turned down carriage of ESN’s channels. Instead, ESN only had to plead that race was one “motivating factor” in Comcast’s decision. Comcast then sought review by the Supreme Court, which agreed in June to hear the case.
Comcast argues that §1981 can only be interpreted as requiring “but for” causation. It argues that everyone must have “the same right” as white citizens “to make and enforce contracts.” If Comcast (or any defendant) would have made the same decision about whether to enter into a contract if the plaintiff had been white, then ESN (or any plaintiff) had the “same right” to enter into the contract. Comcast also assured the justices that there are other reasons, having nothing to do with race, why it decided not to carry ESN’s channels, such as a lack of bandwidth, and its decision to focus on news and sports channels. Moreover, Comcast notes it has for many years carried numerous other African American-owned networks.
ESN counters that Comcast’s position would prohibit a plaintiff “who alleges that race was a motivating factor for the refusal to contract” from conducting fact-finding discovery on the claim, “no matter how strong the evidence of racism unless the plaintiff could meet the stringent requirement of plausibly alleging that race was the but-for cause of the refusal to contract.” That, ESN reasonably insists, is an extremely high and difficult hurdle because “the defendant typically is the only party with access to evidence of the defendant’s motives.”
I’m not a lawyer, but it seemed clear to me that the Justices (Justice Ruth Bader Ginsburg was absent because, in the words of Chief [Justice] John Roberts, she was “indisposed due to illness”) thought the issue was what the pleading standard for a §1981 claim should be, not at this point whether Comcast had racially discriminated against Byron Allen. Hopefully, the Court will make a quick ruling in this very important case.
Armstrong Williams is a conservative columnist. To find out more about Armstrong Williams and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.
#NNPA BlackPress
Introducing the Hurricane Engine for Ram 1500 more power, efficiency, and durability
Introducing the Hurricane Engine for Ram 1500 more power, efficiency, and durability available. View our best-detailed walkaround videos most with POV drives, walkthroughs, and 360 videos of the most sought-after new cars, trucks, SUVs, crossovers, Vans, and Minivans with/ detailed walkarounds of special models in their entirety at full screen. Our videos allow the autos […]
The post Introducing the Hurricane Engine for Ram 1500 more power, efficiency, and durability first appeared on BlackPressUSA.
Introducing the Hurricane Engine for Ram 1500 more power, efficiency, and durability available. View our best-detailed walkaround videos most with POV drives, walkthroughs, and 360 videos of the most sought-after new cars, trucks, SUVs, crossovers, Vans, and Minivans with/ detailed walkarounds of special models in their entirety at full screen.
Our videos allow the autos to speak for themselves with minimal distractions from human voice-overs. Just natural sounds and great footage just for you.
Unique to AutoNetwork.com.
{Introducing our new car buying program, https://www.CouponsOffersAndDeals.com/, for money and time-saving specials from select car dealers.}
Like us and share, https://www.facebook.com/autonetwork, on Facebook.
#autonetwork #autonetworkreports
[Subscribe to our channel now for more videos] https://www.youtube.com/channel/UCuN8D-xz08dJGWXVDMEIA1A
** Twitter http://www.twitter.com/liveautos
** LinkedIn http://www.linkedin.com/in/autonetwork
#newcar #africanamericancarreviewer #autoservicecoupons #carreviewnew #newcarreviews #carreviews2024 #carreviewswebsites #usauto #autonetwork #autonetwork.com #360degreecar #newcarcompany #newcarcompanies #povtestdrive #carreviews #carreviewswebsites #youtubecarreviews #bestcarreviews #electriccarreviews2024 #AutoNetwork #AutoNetworkReports #AutoTalkShow #bestdetailedwalkaround
The post Introducing the Hurricane Engine for Ram 1500 more power, efficiency, and durability first appeared on BlackPressUSA.
#NNPA BlackPress
High Flowing Intake and Exhaust Ports
2025 Ram 1500 Hurricane engine High Flowing Intake and Exhaust Ports. View our best-detailed walkaround videos most with POV drives, walkthroughs, and 360 videos of the most sought-after new cars, trucks, SUVs, crossovers, Vans, and Minivans with/ detailed walkarounds of special models in their entirety at full screen. Our videos allow the autos to speak […]
The post High Flowing Intake and Exhaust Ports first appeared on BlackPressUSA.
2025 Ram 1500 Hurricane engine High Flowing Intake and Exhaust Ports.
View our best-detailed walkaround videos most with POV drives, walkthroughs, and 360 videos of the most sought-after new cars, trucks, SUVs, crossovers, Vans, and Minivans with/ detailed walkarounds of special models in their entirety at full screen.
Our videos allow the autos to speak for themselves with minimal distractions from human voice-overs. Just natural sounds and great footage just for you.
Unique to AutoNetwork.com.
{Introducing our new car buying program, https://www.CouponsOffersAndDeals.com/, for money and time-saving specials from select car dealers.}
Like us and share, https://www.facebook.com/autonetwork, on Facebook.
#autonetwork #autonetworkreports
[Subscribe to our channel now for more videos] https://www.youtube.com/channel/UCuN8D-xz08dJGWXVDMEIA1A
** Twitter http://www.twitter.com/liveautos
** LinkedIn http://www.linkedin.com/in/autonetwork
#newcar #africanamericancarreviewer #autoservicecoupons #carreviewnew #newcarreviews #carreviews2024 #carreviewswebsites #usauto #autonetwork #autonetwork.com #360degreecar #newcarcompany #newcarcompanies #povtestdrive #carreviews #carreviewswebsites #youtubecarreviews #bestcarreviews #electriccarreviews2024 #AutoNetwork #AutoNetworkReports #AutoTalkShow #bestdetailedwalkaround
The post High Flowing Intake and Exhaust Ports first appeared on BlackPressUSA.
#NNPA BlackPress
Liquid Cooled Charge Air Coolers
2025 Ram 1500 Hurricane Engine Liquid Cooled Charge Air Coolers. View our best-detailed walkaround videos most with POV drives, walkthroughs, and 360 videos of the most sought-after new cars, trucks, SUVs, crossovers, Vans, and Minivans with/ detailed walkarounds of special models in their entirety at full screen. Our videos allow the autos to speak for […]
The post Liquid Cooled Charge Air Coolers first appeared on BlackPressUSA.
2025 Ram 1500 Hurricane Engine Liquid Cooled Charge Air Coolers. View our best-detailed walkaround videos most with POV drives, walkthroughs, and 360 videos of the most sought-after new cars, trucks, SUVs, crossovers, Vans, and Minivans with/ detailed walkarounds of special models in their entirety at full screen.
Our videos allow the autos to speak for themselves with minimal distractions from human voice-overs. Just natural sounds and great footage just for you.
Unique to AutoNetwork.com.
{Introducing our new car buying program, https://www.CouponsOffersAndDeals.com/, for money and time-saving specials from select car dealers.}
Like us and share, https://www.facebook.com/autonetwork, on Facebook.
#autonetwork #autonetworkreports
[Subscribe to our channel now for more videos] https://www.youtube.com/channel/UCuN8D-xz08dJGWXVDMEIA1A
** Twitter http://www.twitter.com/liveautos
** LinkedIn http://www.linkedin.com/in/autonetwork
#newcar #africanamericancarreviewer #autoservicecoupons #carreviewnew #newcarreviews #carreviews2024 #carreviewswebsites #usauto #autonetwork #autonetwork.com #360degreecar #newcarcompany #newcarcompanies #povtestdrive #carreviews #carreviewswebsites #youtubecarreviews #bestcarreviews #electriccarreviews2024 #AutoNetwork #AutoNetworkReports #AutoTalkShow #bestdetailedwalkaround
The post Liquid Cooled Charge Air Coolers first appeared on BlackPressUSA.
-
Alameda County3 weeks ago
Michael P. Johnson Garners Major Support in Run for Alameda County Superior Court Judge
-
Activism4 weeks ago
Oakland Post: Week of February 28 – March 5, 2024
-
Antonio Ray Harvey3 weeks ago
Advocates Weigh in on Calif. Black Caucus Reparations Package
-
Activism3 weeks ago
Oakland Post: Week of March 6 – 12, 2024
-
Book Reviews3 weeks ago
Book Review: “Dear Black Girls: How to Be True to You” by A’Ja Wilson
-
Activism3 weeks ago
Who are the Alameda County District 4 Supervisor Candidates’ Top Campaign Contributors?
-
#NNPA BlackPress3 weeks ago
Rep. James Clyburn Steps Down from House Leadership
-
#NNPA BlackPress3 weeks ago
PRESS ROOM: The Allen Lewis Agency Named Ally Supplier Diversity: Supplier of the Year for 2024