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OP-ED: What’s at Stake in Byron Allen’s Supreme Court Showdown with Comcast

NNPA NEWSWIRE — If the Supreme Court gets to decide this case, it seems very likely that – at a minimum – the court will choose the “but for” standard that is currently used in most jurisdictions outside the 9th Circuit. That would be a major setback to the civil rights community’s advocacy for establishing nationwide the 9th Circuit’s broader “motivating factor” standard. It’s even conceivable that this conservative Supreme Court could go even farther, exploiting the facts of Mr. Allen’s private contract claim to justify an even more regressive outcome by applying the “but for” standard in EEO retaliation, fair housing, voting rights, or other claims.

Published

7 years ago

November 13, 2019

Oakland Post

By Maurita Coley, President and CEO of the Multicultural Media, Telecom, and Internet Council (MMTC)

The U.S. Supreme Court will hear arguments today in a suit between Comcast and Byron Allen, a prominent African American programming executive. What began as a fairly routine television carriage dispute has turned into risky gambit that may give the court’s conservative majority an opportunity to roll back fundamental civil rights protections.

The lawsuit arose out of Comcast’s decision several years ago not to carry several Allen-owned television channels, such as Pets.TV and Recipe.TV. Comcast has argued its rejection of Allen’s channels was purely a business decision, reflecting what it viewed as the channels’ limited audience appeal. Allen then promptly filed a $20 billion lawsuit against Comcast, alleging that the company’s refusal to contract with Allen’s company was racially motivated, in violation of Section 1981 of the Civil Rights Act of 1866.

District Court Judge Terry Hatter – a well-respected African American judge with an apparently strong record on civil rights – dismissed the case three times, finding that Allen had not established a plausible argument that Comcast would have contracted with his company “but for” Allen’s race.

Allen appealed to the 9th Circuit, which remanded Judge Hatter’s dismissal with a new guideline to the lower court that a plaintiff can state a viable claim under Section 1981 if discriminatory intent plays any role in a defendant’s decision not to contract, regardless of whether race discrimination was a “but for” cause of that decision. Comcast petitioned the Supreme Court to review the 9th Circuit’s decision, and the Supreme Court agreed; oral argument is scheduled for Nov. 13, 2019.

Carriage disputes between cable operators like Comcast, and programming content providers like Byron Allen, are exceedingly common. In my more than 30 years in the industry, I’ve represented both sides – networks seeking distribution and distributors seeking content – and in the early days of cable, I even represented minority-owned distributors such as Barden Cablevision of Detroit, and minority-owned programmers such as Black Entertainment Television.

In my experience, this Comcast-Allen case doesn’t fit the usual framework for a race discrimination case. As best I can surmise, Allen’s channels are not ethnically or culturally diverse; he claimed the alleged race discrimination was that, “but for” the fact that his channels are black-owned, his channels would have been carried because Comcast was already carrying similar white-owned food and pet-themed channels. His suit rejected Comcast’s defense that its decision not to carry his channels was not racially motivated, saying that it had other non-racial reasons, such as better ratings, higher-quality programming, or other business considerations for not carrying the channels owned by Allen.

In any event, the parties were not able to resolve their content carriage dispute, and now this case, which started as a private contract dispute, now puts at risk the civil rights enjoyed by all Americans, because a conservative Supreme Court majority hostile to civil rights has a chance to fundamentally re-examine Section 1981. The court will get to decide – not just for this case, but in a precedent that will impact all future discrimination cases – whether a plaintiff must prove that intentional race discrimination was the decisive factor in a decision (the “but for” standard of proof), or whether race just needs to be one factor in the decision (the 9th Circuit’s “mixed motive” standard, which civil rights leaders strongly support).

If the Supreme Court gets to decide this case, it seems very likely that – at a minimum – the court will choose the “but for” standard that is currently used in most jurisdictions outside the 9th Circuit. That would be a major setback to the civil rights community’s advocacy for establishing nationwide the 9th Circuit’s broader “motivating factor” standard. It’s even conceivable that this conservative Supreme Court could go even farther, exploiting the facts of Mr. Allen’s private contract claim to justify an even more regressive outcome by applying the “but for” standard in EEO retaliation, fair housing, voting rights, or other claims.

Civil rights groups such as NAACP have jumped into this case, filing amicus briefs that seek to convince the court not to embrace the “but for” standard. What I suggest now is that the civil rights groups try to persuade both parties to help get us out of this precarious place in history. To do that, it’s essential that Allen withdraw his $20 billion lawsuit, and that Comcast withdraw its petition for certiorari to the U.S. Supreme Court — ideally before the Nov. 13, 2019, oral argument or soon after.

Given Allen’s huge success as an African American businessman, these channels cannot be so important to him that it’s worth placing all of our civil rights at risk. Likewise, Comcast, which ranks No. 2 on Fortune’s list of 100 best workplaces for diversity and has one of the strongest records of programming diversity in the industry, should demonstrate those values by withdrawing its petition for Supreme Court review if Allen also agrees to step back from the ledge.

Both parties should close their eyes, take a leap — and hold their noses if they must — but do their part to take this case off the docket of a deeply conservative court. Otherwise we might all find ourselves facing an uncertain future, stripped of key civil rights protections.

No contract or channel is worth the risk.

The op-ed was first published in the Morning Consult on November 13, 2019.

Maurita Coley, a veteran communications attorney and former executive at BET Networks, serves as president and CEO of the Multicultural Media, Telecom, and Internet Council.

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OP-ED: How heavy a burden does a person of color alleging discrimination have to carry to have his day in court?

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Smooth Ride! Car Suspension & Comfort Tested #shorts

Smooth suspension meets surprisingly spacious legroom. Experience true comfort on any road!

Published

1 month ago

October 4, 2026

Oakland Post

Car suspension test demonstrating a smooth ride, comfort features, and handling on various terrains.

Experience the difference smooth suspension makes on rough streets. Check out the surprisingly good second-row legroom – test it yourself for true comfort.

Watch the full video: https://youtu.be/l9Z571za5Gc

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61 years since Selma, Houston leaders say the bridge remains to be crossed

61 years after Selma, Houston leaders say the fight for equality continues. The issues that sparked the marches still impact Black Americans today.

Published

1 month ago

October 4, 2026

Oakland Post

Houston leaders discuss the ongoing struggle for civil rights 61 years after Selma, emphasizing the need for continued action.

It has been 61 years since the Selma marches. But political leaders in Houston say that the issues protesters were marching for still plague the lives of Black Americans.

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Here is what you need to know about finding unique white elephant gift ideas that everyone wants to steal

The best white elephant gift ideas are funny enough to get a reaction but useful enough that people actually want to steal them. Look for gifts with a surprise factor, broad appeal, an inside joke, and just enough personality to spark some friendly competition. The wrapping paper comes off, the room goes quiet for half […]

Published

1 month ago

October 4, 2026

Oakland Post

The best white elephant gift ideas are funny enough to get a reaction but useful enough that people actually want to steal them. Look for gifts with a surprise factor, broad appeal, an inside joke, and just enough personality to spark some friendly competition.

The wrapping paper comes off, the room goes quiet for half a second, and suddenly everyone wants the same gift. That is the sweet spot. A great white elephant pick should make people laugh, lean in, and start plotting their next steal before the turn is even over.

Should a White Elephant Gift Be Funny or Useful?

A white elephant gift can be funny or useful, but the strongest choices usually give people a reason to laugh and a reason to keep the item. A practical gift with an odd design, unexpected feature, or playful theme can get a reaction without becoming something the recipient immediately wants to give away.

The right balance depends on the group. Close friends and family members may enjoy a ridiculous gag gift because they already understand one another’s sense of humor.

A workplace exchange, neighborhood party, or mixed-age gathering usually calls for something with broader appeal. In those settings, humor works better when it is built into an item people could still use afterward.

It also helps to think about how quickly the gift will make sense once it is opened. A strangely shaped kitchen tool, oversized mug, quirky desk accessory, or unexpectedly fancy everyday item can create an immediate reaction. Guests understand the joke right away, while the item still has enough practical value to attract a steal.

Pure gag gifts can be harder to pull off. Something that exists only for the punchline may get a big laugh during the reveal and then sit untouched for the rest of the game. If the goal is to bring one of the gifts everyone keeps fighting over, usefulness gives the joke staying power.

Memorable Present Ideas: Creating Inside Joke Gifts

Inside joke gifts can make a white elephant exchange feel much more personal, especially when most of the group shares the same stories. The trick is choosing a reference that people will recognize quickly instead of building the entire joke around something only two guests understand.

You can turn a memorable vacation mishap, office catchphrase, family story, or long-running group joke into the theme of the gift. A personalized comic book can work especially well when it turns familiar people or a ridiculous shared moment into part of the story.

Think carefully about who the joke involves before ordering anything permanent. The gift should make the person feel included in the fun, not singled out for the wrong reason.

Can You Bring Something You Already Own?

Holiday gift exchanges can be a good place to re-gift something you never used, especially if it is unopened and clean.

The following can all work if they still look presentable:

A duplicate kitchen gadget
An untouched game
A decorative item
A sealed gift set
An unopened candle
A new travel accessory

The goal is to give the item a second chance, not use the exchange as an excuse to clear out damaged or unwanted clutter.

Take a close look at the packaging before wrapping it. Faded boxes, missing pieces, visible wear, or anything that looks obviously used can make the gift feel careless.

Wrapping Budget-Friendly Gifts

Wrapping can make gifts more entertaining before anyone even knows what’s inside.

Misdirection works especially well for fun party games. Put a small gift inside a much larger box. Use packaging from an unrelated household item.

Add harmless weight so guests cannot guess what they are holding. The reveal becomes part of the joke without changing the gift itself.

You can also lean into the theme of the exchange. Bright paper, oversized bows, reusable bags, or deliberately over-the-top wrapping can make an ordinary item feel more memorable. If the gift itself is already funny, simple wrapping may work better so the surprise stays hidden until the last second.

Frequently Asked Questions

Is Picking Last an Advantage in White Elephant?

Picking last can be an advantage because you get to see almost every gift before making your move. Instead of choosing blindly from the remaining wrapped presents, you can steal something that has already caught your attention if the rules still allow it.

That advantage depends on the house rules. Some games limit how many times a gift can be stolen.

Others lock an item once it reaches a certain number of steals. If the most popular gifts are already unavailable, the final player may have fewer strong options than expected.

The first player can also get another turn at the end in some versions of the game. That rule can balance things out, since the person who started with the least information may get one final chance to steal.

How Do You Plan White Elephant for a Large Group?

For a large white elephant exchange, set a firm spending limit and establish the stealing rules in advance.

Create a clear turn order before the game begins. Drawing numbers as guests arrive can save time once everyone is ready to start.

Keep the number of steals per gift limited so the game does not drag on. It also helps to have one person track which creative holiday presents have been stolen and when they are locked, especially if dozens of people are participating.

Can You Play White Elephant Virtually?

A virtual white elephant exchange can work over a video call, with one person keeping track of the turn order and each steal. Guests can either mail physical gifts ahead of time or use digital gifts that can be delivered once the game ends.

Set the spending limit and stealing rules before everyone joins. It also helps to decide how gifts will be revealed and who is responsible for sending each one afterward so the exchange does not become confusing.