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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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NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury

Philadelphia Eagles quarterback Jalen Hurts found Darius Cooper with nine seconds left for the game winning touchdown as his team beat the Tennessee Titans 24-20 in Nashville. Hurts finished the day 26/37 for 264 yards. He threw for two touchdowns and two interceptions. Prior to the final drive, the Eagles ran 25 plays for 45 […]
The post NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury appeared first on BlackPressUSA.

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1 week ago

September 20, 2026

Oakland Post

Prior to the final drive, the Eagles ran 25 plays for 45 yards. During the final drive Hurts went 6-8 with 61 passing yards and the touchdown. Titans defensive tackle — and team captain — Jeffery Simmons said this week that the way to defend Jalen Hurts is to make him “play quarterback.”

Hurts said to Simmons after today’s game: “You started that sh**. I had to finish it.”

Running back Saquon Barkley suffered a stinger in the first half but he ultimately finished the game. He had four carries and nine yards and one catch for eleven yards. He will get an MRI for his injury, but admitted to Cameron Wolfe of the NFL Network he was fine.

Caleb Williams leaves game against Vikings with apparent lower-body injury

Chicago Bears quarterback Caleb Williams was helped off the field with a right leg injury with 7:42 remaining in the fourth quarter. Williams was down, writhing in pain after scrambling to his left. After departing the injury tent, Williams raised his right fist, acknowledging the crowd while expressing his frustration. Testing will commence on Monday to find out more details about his injury.

“We’ll know tomorrow,” Johnson admitted regarding Williams’ injury. “He’s in good spirits. He’s a team player.”

Williams finished the day with 138 passing yards and one interception.

“I’m actually happy it’s nothing with the knee — that was my first inclination,” Johnson said. “But, a hamstring could be pretty damaging as well. So, we’ll see. We’ll see how bad it is tomorrow and we’ll go from there.”

Bryce Young once again dominated the Falcons

Carolina Panthers quarterback Bryce Young is 5-1 against the Atlanta Falcons and is undefeated at Mercedes-Benz Stadium. Today, Young threw for 287 yards and three touchdowns as he led the Panthers to a 34-3 dismembering of the Atlanta Falcons. Georgia Tech alumnus Darren Waller caught two touchdowns and linebacker Devin Lloyd returned one of his two interceptions for a touchdown.

Cooper Rush started his second straight game for the Falcons and it did not go well. The partisan crowd voiced their displeasure after Rush completed 10/17 passes for 86 yards and two interceptions. Jack Strand entered the game for Rush prompting cheers from the Falcons fans. The rookie threw a pick-six on his first career pass attempt. Strand was the first QB to accomplish that feat since Sam Darnold in 2018 and is the first Falcons player to do that since Brett Favre in 1991. Strand finished the day with 59 passing yards and 16 rushing yards.

According to reports, quarterback Michael Penix, Jr. is expected to make his season debut this Thursday at the Green Bay Packers. His return should help the Falcons. They are the first team since the 2008 Rams to not run any plays in the red zone after the first two games to open a season.

The bright spots for the Falcons today were the Spelman College Jaguarettes performing with the Falcons cheerleaders and Florida A&M’s marching band, The Marching 100, also performed during halftime!

Jayden Daniels gets carted off after apparent arm injury

Washington Commanders quarterback Jayden Daniels appeared to injure his left elbow on the final play of the first half in his game against the Dallas Cowboys. During the play, Daniels got stepped on, braced himself for the fall, and his elbow bent the wrong way. Daniels draped a towel over his head as he exited the field on the cart.

He was later ruled out.

Daniels suffered a dislocated elbow to the same arm during week nine of last season against the Washington Commanders, which led to him being shut down for the remainder of the season.

The post NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury appeared first on BlackPressUSA.

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The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win

Master the complete vehicle-purchase negotiation framework with Roosevelt Gist and Roosevelt. Learn every stage, tactic, and win!
The post The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win appeared first on BlackPressUSA.

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1 week ago

September 20, 2026

Oakland Post

Negotiation framework stages, tactics, and winning strategies from AutoNetwork

Roosevelt Gist and Roosevelt deliver the complete vehicle-purchase negotiation framework in Episode 8 of The Color of Our Money Is Green. This episode covers the three foundations of every effective negotiation, the full seven-stage negotiation sequence with exact language for every stage, and five of the most common dealership tactics with the specific response each one requires.
What You Learn in This Episode:
The three foundations that make every negotiation tactic work
The complete seven-stage car-buying negotiation sequence
Exact language for every stage of the dealership conversation
Five common dealership tactics — the turnover, the four-square, the packed payment, spot delivery, and forced add-ons — and how to counter each one
Why signing preliminary paperwork isn’t the same as signing the final contract
___________________________________________________________________
“The Color of Our Money Is Green: A Buyer’s Guide to What Cars Actually Cost” — stan.store/RGist
____________________________________________________________________
AutoNetwork helps serious car shoppers inspect any new vehicle online before walking into a dealership. I’m Roosevelt — I’ve been reviewing cars and shaping digital car buying and credit union auto leasing since before YouTube car reviews existed.
You’ll find detailed walkaround reviews, POV test drives, and buyer-focused breakdowns covering comfort, space, features, and real-world value.

How to use the channel:
Watch the walkaround of the car you’re considering
Visit AutoNetwork.com for the full review
Check CouponsOffersAndDeals.com for current dealer specials
Walk in already knowing what you want — and what it should cost

AutoNetwork.com
CouponsOffersAndDeals.com
Affiliate disclosure: some links earn a small commission at no cost to you and help support the channel. Insta360 is one of those partners.

The post The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win appeared first on BlackPressUSA.

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Mazda CX-90 Luxury: Heated Seats & Premium Comfort! #shorts

Stay toasty in the CX-90! Plush Nappa leather, heated/ventilated seats, and a memory-equipped heated steering wheel deliver ultimate luxury.
The post Mazda CX-90 Luxury: Heated Seats & Premium Comfort! #shorts appeared first on BlackPressUSA.

Published

1 week ago

September 20, 2026

Oakland Post

Mazda CX-90 interior with heated seats offering premium comfort.

Experience ultimate comfort in the CX-90. Nappa leather, heated/ventilated seats, 8-way power adjustments, and memory settings for both front passengers. The heated steering wheel with memory tilt/telescope adds premium convenience.

Watch the full video: https://youtu.be/EH5A4eQ4ipY