Tag Archives: title IX

21st Century Boycott: Fox News, O’Reilly, retaliation and institutional protection for sexual harassment

I appreciate the strong reporting in the New York Times article: “Bill O’Reilly thrives at Fox News even as harassment settlements add up.”  Authors Emily Steel and Michael S. Schmidt cover the systematic protection of Bill O’Reilly who comes off as a serial predator.

The article looks at five settlements that have been paid to women who have alleged and often documented harassment from the Fox News star.  Two of the settlements were known, but three were uncovered by Steel and Schmidt.

The article is phenomenal journalism and highlights the pattern of toxic behavior and the costly efforts to retaliate against those who have complained.   This is a good opportunity to examine some of the patterns of retaliation that were visible in this article.

Most of the women who complained were threatened with professional harm when they didn’t comply with threats or when they came forward.  Andrea Mackris filed a sexual harassment suit against O’Reilly in 2004.  The New York Times article describes the retaliatory threats:

“Two years later, allegations about Mr. O’Reilly entered the public arena in lurid fashion when a producer on his show, Andrea Mackris, then 33, filed a sexual harassment lawsuit against him. In the suit, she said he had told her to buy a vibrator, called her at times when it sounded as if he was masturbating and described sexual fantasies involving her. Ms. Mackris had recorded some of the conversations, people familiar with the case said.

Ms. Mackris also said in the suit that Mr. O’Reilly, who was married at the time (he and his wife divorced in 2011), threatened her, saying he would make any woman who complained about his behavior “pay so dearly that she’ll wish she’d never been born.”

Fox News and Mr. O’Reilly adopted an aggressive strategy that served as a stark warning of what could happen to women if they came forward with complaints, current and former employees told The Times. Before Ms. Mackris even filed suit, Fox News and Mr. O’Reilly surprised her with a pre-emptive suit of their own, asserting she was seeking to extort $60 million in return for not going public with “scandalous and scurrilous” claims about Mr. O’Reilly.

“This is the single most evil thing I have ever experienced, and I have seen a lot,” he said on his show the day both suits were filed. “But these people picked the wrong guy.”

A public relations firm was hired to help shape the narrative in Mr. O’Reilly’s favor, and the private investigator Bo Dietl was retained to dig up information on Ms. Mackris. The goal was to depict her as a promiscuous woman, deeply in debt, who was trying to shake down Mr. O’Reilly, according to people briefed on the strategy. Several unflattering stories about her appeared in the tabloids.

After two weeks of sensational headlines, the two sides settled, and Mr. O’Reilly agreed to pay Ms. Mackris about $9 million, according to people briefed on the agreement. The parties agreed to issue a public statement that “no wrongdoing whatsoever” had occurred.”

Emily Steel and Michael S. Schmidt. “Bill O’Reilly thrives at Fox News even as harassment settlements add up.” April 1, 2017. New York Times.

It is worth noting the techniques used to attack the victim.  The perpetrator attacks the survivor personally, the company defends the perpetrator with a heavy-handed lawsuit, and the company hires a PR firm and private investigators to destroy the survivors reputation.

And then they settle.  That means that all the personal attacks and reputation smearing that ruin someone’s life were essentially pressure to beat someone down so they will take less money for their silence.  I can imagine the meeting where someone at 21st Century Fox has to run the numbers on how much they could save in destroying the lives of sexual harassment survivors.

The cost-benefit-analysis strategies of corporations who decide to try to ruin the reputations of employees who come forward to complain about sexual harassment may undervalue the public relations costs of being associated with a serial rapist or a serial harasser.

The Brock Turner survivor letter, Emma Sulkowicz and the performative mattress carry, an Obama/Biden administration with a robust advocacy for Title IX have changed public opinion about sexual harassment and rape.   The ascendance of a generation of young activists like Know your IX committed to fighting rape culture will not return to the cover-up and blame-the-victims days.

Which means that large corporations who are in the business of making money are going to have to factor in what explicit boycotts and affiliated bad PR will cost them when they defend a prominent figure like Bill O’Reilly and Roger Ailles.

It seems grotesque that an institution would protect a serial predator because they make the business a lot of money.  Steel and Schmidt’s expose does a good job documenting how much advertising revenue O’Reilly’s show pulls in ($446 million from 2014-2016).  So what would a boycott have to cost the parent company to dump O’Reilly?   A couple of hundred million dollars?

More importantly, I wonder how little effort it would take for people on social media to destroy the 21st Century brand.  A dozen volunteers could watch O’Reilly’s show, note advertisers and then illustrate businesses which give money to support victim-blaming.  Simply posting the New York Times article in the publicity threads for each new 20th Century Fox blockbuster movie would convince me to spend my movie money elsewhere.   Artists who might record soundtrack music for Fox Music can be gently reminded through fan pages or tweets about the retaliatory behavior of the parent company.

Steel and Schmidt’s article is a good piece of investigative journalism that makes visible the retaliatory behavior of one of the largest companies in the world.  It also exposes how much the company has to lose if they mishandle the public relations associated with their brand being tainted by O’Reilly’s harassment lawsuits.

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Filed under capitalism, communication, gender, media, protest, representation, resistance, sexism, sexual assault

Online harassment in Massive online classes

Massive Open Online Classes (MOOC) were a big deal a few years ago.  Turns out that one of the most prominent MIT MOOC teachers, Walter Lewin has been  using his MOOC to harass (mostly) international students like French student Faïza Harbi.  Inside Higher Education has the details and a discussion over whether students enrolled in free classes get Title IX protection from gender-based discrimination:

Whether MIT could be held liable for not protecting Harbi and the other women is still an unanswered question. MOOC providers differ on whether learners who are not enrolled at institutions eligible for federal financial aid are covered by the Family Educational Rights and Privacy Act, which some researchers have warned about. But when it comes to discrimination, legal experts said, Title IX of the Education Amendments of 1972 should apply to anyone who registers for a MOOC.

“Title IX talks in terms of ‘no person’ shall experience discrimination — not ‘no student,’ ” Buzuvis said. “That broad language creates the possibility for anyone who’s a victim of discrimination [to] potentially have a claim under Title IX.”

Buzuvis, who runs the Title IX Blog, said that, based on the severity of the Lewin case, a lawsuit against MIT could come down to if the institution knew about the harassment and didn’t act to protect learners.

via Complainant in ‘unprecedented’ Walter Lewin sexual harassment case comes forward @insidehighered.

Buzuvis mentioned is: Erin Buzuvis, director of the Center for Gender and Sexuality Studies at Western New England University.

Thanks for Feministing for the link!

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Filed under academics, capitalism, feminism, gender, human rights, sexism, sexual assault, technology

Rhetoric, sports and ability

Sporting events are exceptionally significant in human culture.  In every corner of the planet kids kick a ball around.  While sports are ever present, we also have to navigate the stories that define what that play means.  Competition, fair play, hard work, hierarchy, teamwork — we are steeped in the narratives that permeates sports stories.  These stories invite participation, and they also exclude.  It is worth considering what happens when the desire to play a sport doesn’t conform to the bodily requirements of that sport.

One punchline for these stories ends with Rudy Ruettiger, the pint-sized Notre Dame football player whose hard work eventually leads the coach to put him in the game.  Another possible ending is for accommodation through the development of a new sport.  Wheelchair rugby comes to mind.

Recent convert to wheelchair racing, Victoria Stagg Elliott wonders why more  people don’t get involved in adaptive sports in an essay at The Rumpus.

What if more runners, when faced with having to hang up their shoes for whatever reason, switched to wheelchair racing rather than cycling or swimming or giving up physical activity completely?

Here’s what I think would happen:

So-called disabled athletes would have more opportunities to participate in able-bodied sports and vice-versa. We would all realize that we are more alike than different, and that playing alone really isn’t very much fun.

via What If Wheelchair Racing Were Just Another Sport? – The Rumpus.net.

I like Elliot’s take on adaptive sports, and the encouragement for people to simply play.  It seems like sports and play are worthwhile fundamental human desires — it is worth crafting a world where people who wanted to participate in any activity would get the chance.

It also takes a certain amount of work to change sports stories.  With sports the concept of fairness can help to persuade some people to make sports inclusive, but the Title IX separate-but-equal is a predictable pressure release valve.  It seems valuable to push forward on all intellectual fronts to bring forward inclusion.  To support adaptive sports, to fund and celebrate sports communities who become more inclusive, and to engage in sporting play ourselves — regardless of our level of ability.

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Filed under communication, disability, health, human rights, representation, sport