November 7, 2012
How Conservative Media Lost to the MSM and Failed the Rank and File

It is easy to close oneself off inside a conservative echo chamber. And right-leaning outlets like Fox News and Rush Limbaugh’s show are far more intellectually closed than CNN or public radio. If you’re a rank-and-file conservative, you’re probably ready to acknowledge that ideologically friendly media didn’t accurately inform you about Election 2012. Some pundits engaged in wishful thing; others feigned confidence in hopes that it would be a self-fulfilling prophecy; still others decided it was smart to keep telling right-leaning audiences what they wanted to hear. But guess what?You haven’t just been misinformed about the horse race. Since the very beginning of the election cycle, conservative media has been failing you. With a few exceptions, they haven’t tried to rigorously tell you the truth, or even to bring you intellectually honest opinion. What they’ve done instead helps to explain why the right failed to triumph in a very winnable election.

Read more. [Image: Reuters]

How Conservative Media Lost to the MSM and Failed the Rank and File

It is easy to close oneself off inside a conservative echo chamber. And right-leaning outlets like Fox News and Rush Limbaugh’s show are far more intellectually closed than CNN or public radio. If you’re a rank-and-file conservative, you’re probably ready to acknowledge that ideologically friendly media didn’t accurately inform you about Election 2012. Some pundits engaged in wishful thing; others feigned confidence in hopes that it would be a self-fulfilling prophecy; still others decided it was smart to keep telling right-leaning audiences what they wanted to hear. 

But guess what?

You haven’t just been misinformed about the horse race. Since the very beginning of the election cycle, conservative media has been failing you. With a few exceptions, they haven’t tried to rigorously tell you the truth, or even to bring you intellectually honest opinion. What they’ve done instead helps to explain why the right failed to triumph in a very winnable election.

Read more. [Image: Reuters]

November 6, 2012
The Sad Faces of Fox News on Election Night
[Image: Fox News]

The Sad Faces of Fox News on Election Night

[Image: Fox News]

October 1, 2012
Is Sam Alito the Court’s New Conservative Lion?

If Alito does become the agenda-setter (by no means a sure thing), how would doctrine differ? Both men are rigidly opposed to affirmative action; neither seems to have the slightest patience for gay rights. They do differ sharply on the First Amendment. Both follow the strand of conservative judicial thought — illustrated in a recent article by Temple law professor David Kairys — that the First Amendment exists to empower the powerful rather than offer voice to the lowly. But Scalia is swayed by historical precedent to defend the speech of those he dislikes; Alito, outside the campaign-finance area, rarely meets a restriction on “distasteful” speech — by funeral protesters, gay-rights advocates, or purveyors of dog-fight videos — that he does not embrace.
During arguments in the health-care cases, Justice Scalia (when he managed to focus on the questions presented at all) phrased his questions in terms of “liberty.” But Alito’s questions were highly specific references to the arguments of economists and actuaries. His concern seemed to be economic rights.

Read more. [Image: Jonathan Ernst/Reuters]

Is Sam Alito the Court’s New Conservative Lion?

If Alito does become the agenda-setter (by no means a sure thing), how would doctrine differ? Both men are rigidly opposed to affirmative action; neither seems to have the slightest patience for gay rights. They do differ sharply on the First Amendment. Both follow the strand of conservative judicial thought — illustrated in a recent article by Temple law professor David Kairys — that the First Amendment exists to empower the powerful rather than offer voice to the lowly. But Scalia is swayed by historical precedent to defend the speech of those he dislikes; Alito, outside the campaign-finance area, rarely meets a restriction on “distasteful” speech — by funeral protesters, gay-rights advocates, or purveyors of dog-fight videos — that he does not embrace.

During arguments in the health-care cases, Justice Scalia (when he managed to focus on the questions presented at all) phrased his questions in terms of “liberty.” But Alito’s questions were highly specific references to the arguments of economists and actuaries. His concern seemed to be economic rights.

Read more. [Image: Jonathan Ernst/Reuters]

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Filed under: Conservative Supeme Court Law 
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