WASHINGTON - Nov. 9, 2019 -According to news reports, "On Nov. 13, in Comcast Corp. v. National Association of African American-Owned Media, the US Supreme Court will consider whether a race-discrimination claim under the Civil Rights Act of 1866 may proceed in the absence of 'but-for causation,' meaning the action would not have been taken but for the alleged racial discrimination." William Michael Cunningham and Creative Investment Research) sent a letter to the US Supreme Court concerning this matter.
In a recent case on Net Neutrality, Mozilla Vs. FCC, Mr. Cunningham filed an amicus curiae brief in support of, according to the US Court of Appeals for the DC Circuit, the public interest.
In our letter to the Supreme Court, we state that we are not writing to change the outcome of this case. It is our belief that this Court has long desired to remove constitutional protections for African Americans, in keeping with the Dred Scott and Plessy v. Ferguson decisions. The Court will find for Comcast.
Our letter states that respondents National Association of African American-Owned Media are not representative of all African-American-Owned Media, rather, they represent the interest of a single industry participant who happens to be African American. Thus, they cannot possibly speak for all affected, but may curtail, via an ill-conceived and poorly executed action, the ability of all African-Americans to enter into fair contracts.
We noted that, on December 17, 2018, "the NAACP, National Urban League and National Action Network signed an agreement with Comcast and NBC Universal to expand current diversity initiatives intended to increase diversity in a wide range of areas including programming and employment." In light of this case, it is clear that these agreements were another in a series of meaningless agreements signed by these "civil rights" groups, the same types of agreements these organizations signed with predatory financial institutions in the years leading up to the financial crisis. That crisis that led to a 60% decline in Black wealth.
In our letter, we outline the economic impact of the case, noting that it will be harder and more costly for African Americans to enter into fair contracts. Further, this decision will ultimately lead to the loss of other freedoms and rights for African Americans.
The negative long-term impact on African Americans will increase significantly due to lost wages, a drop in Black business revenue and added health care costs from increased stress. We reminded the Court that Washington, DC has the highest rate of Black women dying in childbirth, the result of heightened stress generated by simple racial discrimination and white supremacy.
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