Civil Rights Groups See a Setback
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Civil Rights Groups See a Setback
Byron Allen, the comedian-turned-media mogul, lost his case before the U.S. Supreme Court on Monday [PDF] , in which he asserted that Comcast had refused to carry his entertainment channels because he is black.
Such groups as the National Association of Black Journalists, the NAACP and the Congressional Black Caucus had feared that the Supreme Court would use the case to narrow civil rights protections, and according to the NAACP and the Lawyers’ Committee for Civil Rights Under Law, the court did just that.
“In a 9-0 decision, the court said it was not enough for a civil rights plaintiff to assert that his race was one of several factors that motivated a company to refuse to do business with him. Instead, he must show race was the crucial and deciding factor,” David G. Savage reported for the Los Angeles Times.
“ ‘To prevail, a plaintiff must initially plead and ultimately prove that, but for race, it would not have suffered the loss of a legally protected right,’ said Justice Neil M. Gorsuch, speaking for the court. He said the court had set this high bar for most other civil rights claims, and there was no reason to lower it for suits that involved contracting with large corporations.
“Allen, who owns Entertainment Studios Network, had negotiated with Comcast and Charter Communications, seeking slots for seven of his channels, including Pets.TV, Cars.TV and Comedy.TV. Both companies expressed some interest but said they already carried other similar channels.
“When the talks ended with no deal, Allen filed lawsuits in Los Angeles against both companies seeking billions of dollars in damages and alleging racial discrimination. He said, for example, that Comcast had given slots to lesser-known channels produced by white-owned companies. He also alleged a Comcast executive had said, ‘We’re not trying to create any more Bob Johnsons,’ referring to the African American founder of Black Entertainment Television. . . .”
Savage also wrote, “But the decision in Comcast v. National Association of African American Owned Media was not a total loss for Allen. The justices sent the case back to the 9th Circuit in California to weigh whether Allen has enough proof of racial bias to continue his suit. . . . ” The decision was unanimous.
Dominic Patten noted for Deadline in September that Comcast “received a gift-wrapped present from the Trump administration on August 15 when the DOJ filed a brief that seeks to tighten the definitions of the Reconstruction Era statute in Comcast’s favor. The restriction would be a detriment to Allen and Entertainment Studios in the SCOTUS case if adopted. . . .”
In a statement, Comcast said, “We are pleased the Supreme Court unanimously restored certainty on the standard to bring and prove civil rights claims. The well-established framework that has protected civil rights for decades continues. The nation’s civil rights laws have not changed with this ruling; they remain the same as before the case was filed. . . .
“We are proud of our record on diversity and will not rest on this record. We will continue to look for ways to add even more innovative and diverse programming that appeals to our diverse viewership and continue our diversity and inclusion efforts across the company.”
Gerren Keith Gaynor wrote for the Grio, “Allen, who is the founder and CEO of Entertainment Studios Networks (parent company of theGrio), sued Comcast in 2015 under Section 1981 of the Civil Rights Act of 1866. The post-Civil War statute allows ‘all persons within the jurisdiction of the United States’ to have the same right to uphold contracts ‘as is enjoyed by white citizens.’
“ ‘Unfortunately, the Supreme Court has rendered a ruling that is harmful to the civil rights of millions of Americans. This is a very bad day for our country,’ Allen said in a statement provided to theGrio. . . “
Derrick Johnson, NACP president and CEO, (pictured, by Sharon Farmer) told Journal-isms by email, “Today’s Supreme Court decision is a huge step backward in our march toward achieving equal opportunity for all. It will significantly restrict the ability of discrimination victims to prove their claims under one of our nation’s premier civil rights laws. We will do everything within our power to urge Congress to correct this travesty of justice.”
, Kristen Clarke (pictured), president of the Lawyers’ Committee for Civil Rights Under Law, said the ruling “puts in place a tougher burden of proof that will likely make it more difficult for many discrimination victims to invoke the protections of Section 1981 in discrimination cases,” according to the Los Angeles Times. “No doubt, this ruling may shut the courthouse door on some discrimination victims who, at the complaint stage, may simply be without the full range of evidence needed to meet the court’s tougher standard.”
NABJ and the Congressional Black Caucus did not respond immediately to requests for comment.
An NABJ news release from Oct. 7 began, “The National Association of Black Journalists (NABJ) joins the NAACP, the Congressional Black Caucus and numerous other civil rights organizations in urging Comcast and the Supreme Court to not dismantle the critical protections provided under Section 1981 of the Civil Rights Act of 1866.
“The potential outcome of Comcast’s urging of the Supreme Court to undo equal opportunity protections afforded under the Act could impact our more than 4,000 members, as well as Black media professionals and entrepreneurs nationwide. . . .”
