Showing posts with label Comcast. Show all posts
Showing posts with label Comcast. Show all posts

Tuesday, March 24, 2020

The Supreme Court sides with Comcast in Byron Allen’s racial discrimination case

The U.S. Supreme Court sided with Comcast in a high-stakes civil rights case Monday, ruling that media mogul Byron Allen must show race was the determining reason that the cable company refused to carry his channels in order for his discrimination case to survive.

In a unanimous decision, the Supreme Court ruled that a lower court used the wrong legal standard in allowing Allen’s $20 billion racial discrimination lawsuit to proceed. The Supreme Court sent the case back to the Court of Appeals for the Ninth Circuit in California for reconsideration.

Allen, an African American entertainment executive, says the Philadelphia cable giant racially discriminated against him when it refused to carry his cable-TV channels on its systems. Comcast says race had nothing to do with rejecting Allen’s channels, noting that they had low ratings.

The high court did not weigh the merits of Allen’s allegations. At issue was whether a person filing a racial-discrimination lawsuit must allege that race was the determining reason that a contract decision was made, or if a person can merely allege that race was one “motivating factor” for a case to proceed.

“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,” Justice Neil Gorsuch wrote on behalf of the court, in an opinion released Monday morning.

Allen said he would continue his fight by asking Congress and presidential candidates to revise the statute in question to overcome the Supreme Court’s ruling.

“Unfortunately, the Supreme Court has rendered a ruling that is harmful to the civil rights of millions of Americans,” Allen said in a statement. “This is a very bad day for our country.”

Read the full article here: The Philadelphia Inqurier

Saturday, November 23, 2019

Sean Combs upset with Comcast over Byron Allen US Supreme Court case

In the Byron Allen vs. Comcast case, Comcast has been using Sean Combs channel, Revolt as an example of inclusion when it comes to carrying African American cable stations. Unfortunately for Comcast, Sean Combs has released a statement which clearly states that he sees the inclusion situation differently. He also believes that Comcast has taken an approach that can weaken civil rights protections. Read his statement below.

My name and my network, REVOLT, have been mentioned recently by Comcast in reference to the Comcast/Byron Allen US Supreme Court case as an example of Comcast’s inclusive practices with respect to African American owned cable networks. While it is true that we are in business with Comcast, it is not accurate to use my name or my network as an example of inclusion. I do not want my name to be used inaccurately so I must speak my truth. I also want to make clear that this case is now about much more than cable distribution. It’s about the civil rights of millions of African Americans and other minorities.

First, it’s important that people really understand what’s at stake. In its efforts to get the lawsuit filed by Byron Allen dismissed, Comcast has taken a legal approach that could weaken fundamental civil rights protections. I have a problem with this. The Civil Rights Act of 1866 section 1981 was designed to ensure Black people are able to do business in this country and not be denied because of race. Comcast is arguing that this law only applies if racial discrimination is the only factor that leads to a refusal to do business, which would be extremely hard to prove. If they are successful, it will become much harder for any victim of discrimination to seek justice in court. By taking this stance in the Supreme Court, Comcast has put its legal tactics ahead of the rights of millions of Americans to be heard. This is not OK.

Above anything else, my goal has always been to achieve true economic inclusion for Black people. How can Comcast suggest that it champions diversity and inclusion if it attacks the laws that provide the foundation for economic inclusion? What good are any of their efforts if they are fighting to make it harder for victims of discrimination to be heard in court? Comcast has made this about much more than Byron Allen, and now the civil rights of my children and my community are at stake. To be clear, anything that makes it harder to fight against discrimination is wrong. Comcast is choosing to be on the wrong side of history.

On REVOLT, I can only share the truth of my experience. Starting an independent cable network is incredibly difficult and capital intensive. The start we received from Comcast, which was a condition of the United States government approval for Comcast to acquire NBCUniversal, was important, but it is not the level of support needed to build a successful African American owned network. Not even close. Since that launch our relationship has not grown, and REVOLT is still not carried by Comcast in the most affordable packages nor is REVOLT available in all of the markets that would enable us to serve our target audience. Comcast spends billions of dollars on content networks every year, but just a few million go to African American owned networks like REVOLT. That is unacceptable.

Supporting diversity and economic inclusion requires a real partnership. The only way Black owned networks grow and thrive is with meaningful and consistent economic support. Otherwise they are set up to fail. REVOLT has never been in a position to truly compete on a fair playing field because it has not received the economic and distribution support necessary for real economic inclusion. Our relationship with Comcast is the illusion of economic inclusion.

Rather than using this case to diminish the civil rights protections of millions of Americans, Comcast should use this as an opportunity to listen to a community it relies on and, above all, do better.

Sunday, November 17, 2019

Byron Allen Wins Two Big Federal Court Victories Against Comcast And Charter Communications

United States Court of Appeals for the Ninth Circuit Rejects First Amendment Right to Discriminate.

LOS ANGELES, Nov. 19, 2018 /PRNewswire/ -- Byron Allen's Entertainment Studios (ES) and the National Association of African-American Owned Media (NAAAOM) – plaintiffs in federal lawsuits filed against Comcast and Charter Communications – are pleased to announce two decisions issued today by the United States Court of Appeals for the Ninth Circuit.

The lawsuits were filed against two of the largest cable television carriers in the country—$20 billion against Comcast and $10 billion against Charter—for violating the Civil Rights Act of 1866, 42 U.S.C. § 1981, prohibiting racial discrimination in contracting. For years, Entertainment Studios has been requesting that Comcast and Charter carry its networks, which are distributed by Comcast and Charter's competitors, including Verizon, DirecTV, AT&T, DISH, and many other carriers, to millions of people around the country.

Both Comcast and Charter, however, rebuffed all of Allen's requests for network carriage. Accordingly, Allen filed lawsuits in federal district court in Los Angeles. The cases are entitled National Association of African American-Owned Media, et al. v. Comcast Corporation, Case No. 2:15-cv-01239-TJH-MAN (C.D. Cal.) and National Association of African American-Owned Media, et al. v. Charter Communications, Case No. 2:16-cv-00609-GW-FFM (C.D. Cal.).

In two historically significant decisions, the United States Court of Appeals for the Ninth Circuit rejected Comcast and Charter's attempts to dismiss the cases before trial. The Court upheld Entertainment Studios' Section 1981 claims against both Comcast and Charter; and instead ruled that both cases could proceed in the trial courts to discovery and trial.

"These two decisions against Comcast and Charter are very significant, unprecedented, and historic," said Byron Allen, Founder/Chairman/CEO of Entertainment Studios. "The lack of true economic inclusion for African Americans will end with me, and these rulings show that I am unwavering in my commitment to achieving this long overdue goal."

"The Court's rulings overwhelmingly reflect the Ninth Circuit's rejection of the Defendants' positions and arguments," said Mark DeVitre, President of plaintiff, NAAAOM. "I look forward to quickly moving into discovery where we expect much more evidence to surface."

"These decisions are hugely important in terms of opening the courts to African American-owned media. The Court paved the way to our eventual success at trial by ensuring that the proper 'mixed motive' standard for our claims – a lower standard of proof than the 'but for' standard argued by Comcast and Charter – applies," said Entertainment Studios' attorney, Skip Miller, partner in Miller Barondess. "Additionally, the Court dismissed Charter's and Comcast's attempts to use the First Amendment as a shield for their alleged discrimination. I very much look forward to trying these cases. And I give Mr. Allen tremendous credit for having the will and the constitution to invest the capital and resources to pursue them relentlessly."

About Entertainment Studios / Allen Media LLC

Chairman and CEO Byron Allen founded Entertainment Studios in 1993. Headquartered in Los Angeles, it has offices in New York, Chicago, Atlanta, Denver, and Raleigh. Entertainment Studios owns eight 24-hour HD television networks serving nearly 160 million subscribers: THE WEATHER CHANNEL, PETS.TV, COMEDY.TV, RECIPE.TV, CARS.TV, ES.TV, MYDESTINATION.TV, and JUSTICE CENTRAL.TV. The company also produces, distributes, and sells advertising for 41 television programs, making it one of the largest independent producers/distributors of first-run syndicated television programming for broadcast television stations. With a library of over 5,000 hours of owned content across multiple genres, Entertainment Studios provides video content to broadcast television stations, cable television networks, mobile devices, multimedia platforms, and the World Wide Web. Our mission is to provide excellent programming to our viewers, online users, and Fortune 500 advertising partners.

Entertainment Studios Motion Pictures is a full-service, theatrical motion picture distribution company specializing in wide release commercial content. ESMP released 2017's highest-grossing independent movie, the shark thriller 47 METERS DOWN, which grossed over $44.3 million. In 2018, ESMP also released the critically-acclaimed and commercially successful Western HOSTILES and the historic mystery-thriller CHAPPAQUIDDICK. Upcoming releases include the Keanu Reeves sci-fi thriller REPLICAS, the John Krasinski/Emily Blunt-starring animated feature ANIMAL CRACKERS, and Joe Carnahan's Mel Gibson/Naomi Watts starring action-thriller BOSS LEVEL. The digital distribution unit of Entertainment Studios Motion Pictures, Freestyle Digital Media, is a premiere multi-platform distributor with direct partnerships across all major cable, digital and streaming platforms. Capitalizing on a robust infrastructure, proven track record and a veteran sales team, Freestyle Digital Media is a true home for independent films.

In 2016, Entertainment Studios purchased TheGrio, a digital video-centric news community platform devoted to providing African-Americans with compelling stories and perspectives currently underrepresented in existing national news outlets. TheGrio features aggregated and original video packages, news articles and opinion pieces on topics that include breaking news, politics, health, business and entertainment. Originally launched in 2009, the platform was then purchased by NBC News in 2010. The digital platform remains focused on curating exciting digital content and currently has more than 20 million annual visitors.

Sunday, November 10, 2019

NAACP statement on COMCAST attack on the Civil Rights Act of 1866

While Trump's shenanigans continue to capture the headlines this story about an attack on the Civil Rights act of 1866 is one that we all should be paying attention to.

The NAACP has released the following statement on a very important civil rights case involving Byron Allen and Comcast case to be heard on Wednesday November 13, 2019. The statement is in reference to attempts by COMCAST to roll back protections against discrimination given by the Civil Rights Act of 1866.

In a few days the United States Supreme Court will hear one of the most important civil rights cases to come before it this term. Comcast – the second largest broadcasting and cable television company in the world – is poised to take an unprecedented step. Because of a dispute with a Black businessman, the company has urged the Supreme Court to roll back the crucial protections of one of the nation’s oldest civil rights laws, Section 1981 of the Civil Rights Act of 1866.

For more than a century, Section 1981 has been used as an important tool to combat race discrimination, particularly for employment discrimination claimants. Throughout the NAACP’s history, standard-bearers of justice like Thurgood Marshall have harnessed the power of Section 1981 to fight various forms of discrimination. Yet now, in a situation that has become all too familiar during this era, an upcoming Supreme Court decision has the potential to reject these lessons of history by rolling back the clock on basic civil rights.

Although the NAACP takes no position on the underlying dispute, we have decided to take the lead on this issue. We urge Comcast to cease its attack on Section 1981 of the Civil Rights Act of 1866; a bedrock civil rights statute that has been in place for more than 150 years.

Saturday, August 13, 2016

Comcast Announces Six Time Olympic Medal Winner Jackie Joyner-Kersee to Serve as National Spokeswoman for Internet Essentials


PHILADELPHIA--()--Comcast Corporation today announced Jackie Joyner-Kersee will serve as a national spokeswoman for Internet Essentials, the largest and most successful broadband adoption program in the country. Soon to kick off its sixth annual back-to-school season, Internet Essentials has helped close the digital divide for more than 600,000 families, benefitting 2.4 million low-income Americans.
“There is no question that Jackie Joyner-Kersee is one of the greatest athletes of all time, but she has also distinguished herself in her post-Olympic career”
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“There is no question that Jackie Joyner-Kersee is one of the greatest athletes of all time, but she has also distinguished herself in her post-Olympic career,” said Senior Executive Vice President and Chief Diversity Officer, David L. Cohen. “Through her charitable foundation, she has been working on the front lines in her community to serve as a role model for others, to help those who are less fortunate, and to inspire a younger generation to dream and lead. We are thrilled to have Jackie help us to close the digital divide and raise awareness about all that the Internet has to offer students and families.”
“The mission of my foundation is to inspire young people to develop the drive and determination to succeed in both academics and athletics,” said Joyner-Kersee. “In my community, I’ve seen first hand that’s really hard to do if you’re on the wrong side of the digital divide. So, I’m excited to go on the road this year with Internet Essentials and help more kids and families cross that divide and develop to their fullest potential.”
Joyner-Kersee, winner of six Olympic Medals, is, according to ESPN, one of the “50 great athletes of the 20th century.” She is the first woman to win back-to-back gold medals in the heptathlon, the first African American woman to win an Olympic Medal in the long jump, and the first woman to score 7,000 points in the heptathlon. Born and raised in East St. Louis, Joyner-Kersee is committed to ensuring that all children have access to high-quality after-school programs, safe recreational places within their communities, and caring adults to help them achieve their dreams. She launched the Jackie Joyner-Kersee Foundation in Los Angeles and, in 1995, moved it to East St. Louis. Inspired by the closing of her neighborhood community center, Joyner-Kersee grew the Foundation by raising more than $12 million to expand programming and built a comprehensive youth and sports facility and campus that opened in 2000.
Internet Essentials Key Investments
From August 2011 through December 2015, Internet Essentials has connected more than 600,000 low-income families, benefitting more than 2.4 million Americans, to the Internet at home. Also since 2011, Comcast has invested more than $280 million in cash and in-kind support to help fund digital literacy training and education initiatives, reaching nearly 4.4 million people through national and local nonprofit community partners.
  • Provided more than 47,000 subsidized computers at less than $150 each.
  • Distributed for free nearly 51 million Internet Essentials program materials.
  • Broadcast more than 8.3 million public service announcements, valued at more than $100 million.
  • Welcomed 5 million visitors to the Internet Essentials websites in English and Spanish and its Online Learning Center.
  • Fielded more than 3.9 million phone calls to our Internet Essentials call center.
  • Made Internet Essentials available in nearly 48,000 schools in more than 5,000 school districts, in 39 states and the District of Columbia.
  • Partnered with 9,000 community-based organizations, government agencies, and federal, state, and local elected officials to spread the word.
About Internet Essentials
Internet Essentials from Comcast is the nation’s largest and most comprehensive high-speed Internet adoption program. It provides low-cost high-speed Internet service for $9.95 a month plus tax; the option to purchase an Internet-ready computer for under $150; and multiple options to access free digital literacy training in print, online and in-person. For more information, or to apply for the program, visit www.InternetEssentials.com or call 1-855-846-8376. Spanish speakers should call 1-855-765-6995.
About Comcast Corporation
Comcast Corporation (Nasdaq: CMCSA) is a global media and technology company with two primary businesses, Comcast Cable and NBCUniversal. Comcast Cable is one of the nation's largest video, high-speed Internet and phone providers to residential customers under the XFINITY brand and also provides these services to businesses. NBCUniversal operates news, entertainment and sports cable networks, the NBC and Telemundo broadcast networks, television production operations, television station groups, Universal Pictures and Universal Parks and Resorts. Visit www.comcastcorporation.com for more information.

Contacts

Comcast Corporation
Charlie Douglas, 215-264-8020
charlie_douglas@comcast.com
or
Meredith Wertz, 215-970-8504
meredith_wertz@comcast.com

Tuesday, August 11, 2015

Comcast, Al Sharpton Beat $20B Racial Discrimination Lawsuit

A California judge has made short order of a $20 billion lawsuit that accused Comcast and Time Warner Cable of racial discriminating through the licensing of cable channels. The legal action fails because the National Association of African-American Owned Media "failed to allege any plausible claim for relief."

The legal action, spearheaded in part by Byron Allen's Entertainment Studios Networks, gained some notoriety for including as co-defendants Al Sharpton, the NAACP, the National Urban League and the National Action Network for allegedly facilitating discrimination. In 2010, Comcast acquired NBCUniversal and entered into voluntary diversity agreements with these groups. The lawsuit said it was a "sham, undertaken to whitewash Comcast's discriminatory business practices," and raised hackles over Sharpton's salary as host of an MSNBC show.

U.S. District Judge Terry Hatter Jr. agreed, and in a sign he didn't even think this was a close call, spent just three pages analyzing the claims in an order to dismiss. He rules that the plaintiffs have failed to plead sufficient facts to show his court has personal jurisdiction over Sharpton and various African-American advocacy groups. And the claims against the other defendants don't survive further because Hatter can't reasonably infer they are liable for misconduct alleged even accepting plaintiff's facts.

"Knowing that our lawsuit helped the FCC and the DOJ deny Comcast's bid to buy Time Warner Cable is already a big win for us," said Allen in a statement. "We are going to immediately appeal this decision to the 9th Circuit Court of Appeals who I believe will deliver us a favorable decision."

Read more: Comcast, Al Sharpton Beat $20B Racial Discrimination Lawsuit

Monday, February 23, 2015

Lawsuit alleges Al Sharpton paid to keep quiet about lack of black TV programming

The Rev. Al Sharpton and his National Action Network had their silence bought — with a hefty $3.8 million in “donations’’ — to not complain about the lack of black TV programming, according to an explosive new lawsuit filed by a national black-media group.

The Association of African-American Owned Media charges that Comcast and Time Warner carry barely a handful of channels that are completely black-owned — and Sharpton and other key African-American advocacy groups aren’t screaming about it because they were essentially paid not to.

Comcast even sweetened the deal for Sharpton by allowing him “to maintain his hosting position [on the Comcast-co-owned MSNBC] for more than three years in exchange for Sharpton’s continued public support for Comcast on issues of diversity … despite the notoriously low ratings that Sharpton’s show generates,’’ the suit says.

Sharpton blasted the suit Monday as “frivolous at best.’’

He denied to The Post that he and NAN received nearly $4 million from Comcast, insisting,“Never, did not get it.’’

The activist said that while his group has gotten some donations from the media giant, “It’s nowhere near $1 million, much less $3 million.’’

Read more: Sharpton paid to keep quiet about lack of black TV programming: suit