Explore The NRA Universe Of Websites

APPEARS IN News

Fact Checkers, Editorialists Resort to Fake News to Push Anti-Gun Propaganda

Tuesday, June 2, 2020

Fact Checkers, Editorialists Resort to Fake News to Push Anti-Gun Propaganda

As we saw last week with Twitter presuming to fact-check an opinion expressed by President Trump, the legacy media – now in collaboration with tech platforms that constitute the modern public square – still pathetically cling to the idea that they are perceived as a source of “truth” by America at large. Polls, however, show that a majority of Americans do not trust the media to report the news accurately.

And they shouldn’t, particularly when it comes to politically-loaded topics like firearm policy. Two recent items from national news sources – a purported “fact check” and an editorial – illustrate the point, with gross inaccuracies underlying the analyses presented.

Fact-checking is a particularly insidious enterprise in the modern media landscape. Not only does it lead ill-informed Americans into thinking they “know” a lot less than actually do, it stifles open debate by purporting to authoritatively “resolve” still active controversies.

The way it usually works is that a reporter purports to examine two sides of a debate and then render a verdict on which side has the better evidence. Of course, the reporters themselves have no subject matter expertise in the underlying issues, and in most cases they simply parrot talking points they may not even understand. Almost invariably, they then render their verdict in favor of the side to which they were already more reflexively sympathetic.

Where this gets particularly ridiculous is when the piece isn’t even checking a “fact” at all but a supposition or opinion that, however debatable, is still a fair assessment of known evidence. Twitter’s “fact check” of the president statements on mail-in voter fraud is a perfect example. When the president opined that mail-in voting would lead to fraud (which has in fact repeatedly happened, particularly with absentee ballots), Twitter pretended to prove that it wouldn’t with references to “expert” media sources known to oppose the president. Yet neither the president nor Twitter can see into the future. Each was merely presenting an opinion on what might happen, based on what has happened in the past. 

Most critical thinkers, of course, can see the charade for what it is: political activism parading as truth-seeking. But more and more often, particularly on social media platforms, “fact checks” are being used to determine what sort of information Americans have access to at all. If a post doesn’t pass a “fact check,” it may be deleted or flagged or suppressed by an algorithm. In this way, the principals of the media and tech sectors put their thumbs on the scale of their own side in the public debate.

Reuters recently purported to “fact check” what is in fact an open legal question on which courts and public officials have come to very different conclusions. Specifically, it concluded that it is not unconstitutional “to shut churches, businesses, halt gun sales and ban assembly” as a result of the coronavirus outbreak.

Incredibly, in “resolving” the issue as it pertains to the “right to bear arms,” the Reuters “fact checker” managed to dig up and link to a summary published by the National Constitution Center that is at least 12 years out of date and to present it as “current.”  According to Reuters:

Laying out the current U.S. gun control debate here , the National Constitution Center explains that those in support of gun control see the Second Amendment as protecting “only the collective right of the states to maintain militias, and not an individual’s right to own guns” while those against it view the Second Amendment as guaranteeing “an individual’s right to keep and bear arms.” 

That document, however, obviously predated the U.S. Supreme Court’s landmark 2008 decision in District of Columbia v. Heller, which squarely put that supposed debate to rest in favor of the individual rights view. The U.S. Supreme Court has since affirmed that decision twice, in McDonald v. City of Chicago (2010) and Caetano v. Massachusetts (2016).

So no matter how much Reuters and other gun control activists wish it were otherwise, the U.S. Supreme Court has in fact declared and reiterated that Americans have an individual right to keep and bear arms under the Second Amendment. There is no “debate” on the “current” state of the law in that regard.

Nor is there any excuse for Reuters to attempt to shade this fact as it did. Had its “fact checker” done a search of the current information on the Second Amendment published by the National Constitutional Center, he or she would have read this sentence: “A 5–4 majority [of the U.S. Supreme Court] ruled that the language and history of the Second Amendment showed that it protects a private right of individuals to have arms for their own defense, not a right of the states to maintain a militia.” Whatever else can be said of the Center’s analysis, it is clear and accurate on that point.

The Washington Post article, on the other hand, was published as an editorial, not a fact check. Titled, “On guns, the Supreme Court would be wise to do no more damage,” it is meant to be read as opinion, not news. But even the Post’s opinion is based on misinformation and is internally inconsistent on its face.

According to the editors:

[S]everal justices appear eager to eliminate even the small amount of leeway the court has left lawmakers to enact mild restrictions on deadly weapons.  In the absence of any substantial disagreement in lower courts, this would represent a raw and indefensible display of judicial activism.

At least two false premises immediately emerge from this opening paragraph. One is that lawmakers are behaving as if they have a “small amount of leeway” to “enact mild restrictions.” The other is that there is no “substantial disagreement” in lower courts on the scope of the Second Amendment’s protection.

In fact, emboldened by a well-funded firearm prohibition lobby, anti-gun lawmakers have since Heller been enacting and proposing some of the most sweeping forms of gun control in American history. Some are mentioned in the Post editorial itself, although one is comically mischaracterized as “a California law that requires guns sold in the state to come with safety features.”

Those “safety features” include a micro-stamping requirement so far-fetched and unfeasible that not a single manufacturer is currently able to sell new model handguns in California. The result, ironically, is that handgun buyers in California are left with increasingly dated technology that in some cases excludes design improvements available to buyers in other states.  The point and effect of the California law is not safety but to strangle off the supply of new handguns for sale in California.

In other states or localities, legislatures or officials have banned America’s most popular rifles, effectively banned the carrying of firearms in public for self-defense, required handgun owners to pay hundreds of dollars in fees for temporary licenses, and even banned sales of firearms indefinitely. There is nothing “mild,” “modest,” or “carefully tailored” about any of these restrictions, notwithstanding the Post’s descriptions.

Nor is there universal agreement in the lower courts on the Second Amendment’s scope. On the fundamental issue of “bearing” firearms in public for self-defense, for example, the Seventh and D.C. Circuits have clearly held it is constitutionally protected, while other circuits have ruled it can be left to the discretion of licensing officials, even when that effectively results in a presumptive ban. State supreme courts have also differed on this and other important Second Amendment questions. 

And while the post insists these laws “respect the Second Amendment as the court interpreted it a decade ago,” Antonin Scalia – the author of the Heller opinion – signaled he disagreed by joiningdissents from the Supreme Courts refusal to hear more Second Amendment cases. One of those dissents, written by Justice Thomas, said that a Seventh Circuit decision upholding an “assault weapons” ban “eviscerates many of the protections recognized in Heller and McDonald” and “flouts two of our Second Amendment precedents.“  Scalia obviously agreed, but leave it to the Washington Post editorial board to pretend they know more about the Heller opinion than the man who wrote it.

But even the editorial itself cant seem to decide how much leeway is available under the Second Amendment, admitting in latter paragraphs that the Heller opinion itself actually characterized a number of common restrictions with a long historical pedigree as “presumptively lawful.”

Indeed, the sad fact is that courts have overwhelmingly upheld gun control laws that were enacted during the period when many courts denied there was any individual right under the Second Amendment whatsoever.  No wonder several members of the current high court have been skeptical as to whether these decisions have been faithful to the analysis and meaning of the Heller decision. An individual right that has no more restraining effect after than before it was authoritatively confirmed obviously isnt being strongly respected or enforced.

The medias coverage of politically-loaded topics has become so tainted that one pundit recently opined Americans are safest believing the opposite of what the media reports, and offered several high-profile examples to illustrate the point.

Whether or not thats true, critical thinkers would in particular be foolhardy to accept fact-checking or editorializing on firearm-related topics at face value.

IN THIS ARTICLE
Fact Check
TRENDING NOW
Supreme Court Skeptical About Mexico’s Attempt to Pass Buck to U.S. Gunmakers

News  

Monday, March 10, 2025

Supreme Court Skeptical About Mexico’s Attempt to Pass Buck to U.S. Gunmakers

Yesterday, the U.S. Supreme Court heard oral arguments in a case in which the Mexican government is attempting to hold members of the U.S. gun industry financially liable for drug cartel violence south of the border.

New Mexico Supreme Court Upholds Governor’s “Public Health Emergency” Carry Ban in NRA Challenge

Saturday, March 8, 2025

New Mexico Supreme Court Upholds Governor’s “Public Health Emergency” Carry Ban in NRA Challenge

In 2023, New Mexico Governor Michelle Lujan Grisham issued an executive order declaring gun violence a “public health emergency” and banning the carry of firearms in various locations throughout the state.

Red Flag Laws: The Pop-Tart Gun to Prison Pipeline?

News  

Monday, March 10, 2025

Red Flag Laws: The Pop-Tart Gun to Prison Pipeline?

Several years ago, a seven-year-old boy was suspended from school for chewing his breakfast pastry into the shape of a gun and pretending to fire it at his second grade classmates. A school official stated the child ...

Senators and Representatives Send Letter Urging Repeal of Biden-era Rule Damaging the Firearms Industry

News  

Friday, March 7, 2025

Senators and Representatives Send Letter Urging Repeal of Biden-era Rule Damaging the Firearms Industry

On March 5th U.S. Senator Mike Lee (R-UT) and U.S. Representative Mark Green (R-TN-07) sent a letter to Secretary of Commerce Howard Lutnick urging him to rescind an interim final rule (IFR) that the Biden Administration ...

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

California: Bill to Restrict Self Defense Rights Introduced in Legislature

Friday, February 28, 2025

California: Bill to Restrict Self Defense Rights Introduced in Legislature

The California legislative session is currently underway and anti-gun lawmakers are once again wrongly focusing on law-abiding citizens instead of focusing on actual criminals.

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Thursday, March 6, 2025

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Yesterday the New Mexico Senate Judiciary Committee met to continue discussions on Senate Bill 279 (GoSAFE). The author did not accept the committee substitute to amend the near all-encompassing ban on semi-auto firearms with equally ...

Washington Post Pivot to “Personal Liberties and Free Markets” Sparks Skepticism

News  

Monday, March 10, 2025

Washington Post Pivot to “Personal Liberties and Free Markets” Sparks Skepticism

Jeff Bezos, owner of The Washington Post, recently announced to the staff of the newspaper that the publication’s opinion section would henceforth be advocating for “personal liberties and free markets” without contradiction. “I am of ...

Maine: Progressive Lawmaker Believes There Are No Deer in Northern Maine.

News  

Wednesday, March 5, 2025

Maine: Progressive Lawmaker Believes There Are No Deer in Northern Maine.

This week, extreme anti-hunting lawmakers testified to restrict coyote hunting in Maine.

Third Circuit Denies Rehearing En Banc in Case Recognizing Carry Rights of Young Adults

Wednesday, March 5, 2025

Third Circuit Denies Rehearing En Banc in Case Recognizing Carry Rights of Young Adults

On February 26, the Third Circuit denied a petition for rehearing en banc in Lara v. Paris. That case involves a challenge to Pennsylvania’s law banning 18-to-20-year-olds from carrying firearms during a state of emergency.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.