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Mediamatters.Org -
On the November 6 edition of Fox
News' The
O'Reilly Factor, host Bill O'Reilly, Fox News America's Newsroom host Megyn Kelly, and legal analyst Lis Wiehl
falsely claimed that the American Civil Liberties Union (ACLU) hasn't criticized
the search by
Ohio government officials of "Joe the
Plumber" Wurzelbacher's records, with O'Reilly saying
the organization's response has been "nothing -- no ACLU. We haven't seen any of them."
In fact, as the News Hounds website noted
in response to O'Reilly's comments, Christine Link, executive director of the ACLU of Ohio, the state affiliate of the national
organization, posted an October 31 letter
in the Cleveland Plain Dealer's
online forum, stating that she "was deeply disturbed to hear that state
officials approved the use of government databases to obtain information about
Joseph Wurzelbacher. ...
It is appalling that government officials believe they may access a person's
private information simply for being in a newspaper headline."
Discussing the accessing of Wurzelbacher's private
records, O'Reilly asked: "Now, where's the ACLU in this?
Aren't they the privacy people?" Wiehl replied: "They're
busy." Kelly stated:
"I'll tell you where they are. They are out in California on behalf of the gay marriage
advocates. They're busy." O'Reilly later added: "Can
you imagine if a Republican did this to a Democrat? It's unbelievable. But
nothing -- no ACLU. We haven't seen any of them." Wiehl responded: "No,
no, they're all in California
doing the whole gay marriage thing."
Additionally, during the October 31 edition of the Factor, O'Reilly read a viewer email
that said of the
Wurzelbacher matter: "Where is the ACLU on
this violation of privacy? Or is it just terrorist privacy they want to
protect?" Immediately after reading the email, O'Reilly stated: "Probably that."
In her October 31 letter -- titled, "Government snoops
have no right to pry into newsmakers' personal information" -- Link
wrote:
I was deeply disturbed to hear that
state officials approved the use of government databases to obtain information
about Joseph Wurzelbacher, also known as "Joe the Plumber." Rather
than using state databases for their intended purpose, it seems some officials
believe they can breach private information simply to satisfy their curiosity
about someone in the public eye.
The most chilling
aspect of this situation came from the explanation by Job & Family Services
Director Helen Jones-Kelley stating that her office regularly conducts searches
on peoples' personal information if they appear in high-profile news stories.
Jones-Kelley had no evidence that Wurzelbacher owed any back child support, yet
she still initiated the search. This is not only unethical, but a dangerous
violation of our privacy.
It is appalling that government
officials believe they may access a person's private information simply for
being in a newspaper headline. This unethical practice only confirms that our
state government does not have adequate checks in place to protect our privacy,
leaving our most personal information vulnerable to the whims of a person's
curiosity. Many people also could be frightened from speaking to members of the
media or expressing their views because they could come under scrutiny of our
state government.
This problem is crying out for
immediate action by our top state leaders. All departments should have ethical
procedures for accessing Ohioans' personal information, safeguards against
people wrongfully accessing private data and clear consequences for violating
these rules. In an age where so much information is available electronically at
the touch of our fingertips, our leaders must create better safeguards against
unfair breaches of our privacy.
Further, ACLU of Ohio legal director Jeff Gamso told Media Matters for America, regarding Wurzelbacher:
"We would be very happy to talk to him and see if there's something
we could do to pursue redress for this violation of his privacy rights. We are deeply angered at the
abuse of government databases, whether for political purposes, or for morbid
curiosity or gossip. It's
an altogether unacceptable use of private information."
Additionally, Sandusky
(Ohio) Register reporter Tom
Jackson wrote in an October 30 blog post
that he contacted the ACLU of Ohio about civil liberties questions regarding
the Wurzelbacher case, and the organization expressed concerns about the state
agency's privacy policy for public figures' information. From Jackson's post:
I wondered if the incidents raised
civil liberties questions about whether Joe had been treated fairly. (I'm not a
fan of Joe's insights, but it rather looks as if Democratic officials were
trying to dig up dirt to make him look bad, as this PD editorial notes.) So I
called the state American Civil Liberties Union, and the group's executive
director, Christine Link, kindly called me back.
I asked her about news accounts
about how the Ohio Department of Job and Family Services' director, Helen
Jones-Kelley, had authorized a database search to see if Joe owed child
support.
Link said the ACLU generally favors
releasing as much government information, but said the Ohio Department of Job
and Family Services needs to follow a written policy to make sure everyone is
treated the same.
She noted a key sentence in this
news story: "Dennis Evans, a spokesman for the family services agency, acknowledged
there is no written policy on checking people thrown into the public
spotlight."
"This is not good," Link
said. "Now it does raise these issues, why are they picking on this
fellow?"
As News Hounds noted, the ACLU of Ohio's website has also
posted links to several articles expressing privacy concerns regarding state officials'
accessing of Wurzelbacher's records.
As Media Matters has
documented, O'Reilly has previously branded the ACLU a "terrorist
group" and "a fascist
organization," and claimed that
"the ACLU and the judges who side with them are terror allies." He
has also said
that "Hitler would be a card-carrying ACLU member. So would Stalin."
From the November 6 edition of Fox News' The O'Reilly Factor:
KELLY: But listen, everyone in the
left was -- wanted dirt
on Joe the Plumber when
he first came out on the national scene.
O'REILLY: Right.
KELLY: All the left blogs were
trying to find out about his tax liens and so on.
O'REILLY: I don't
think a bureaucrat like that would do it.
KELLY: I think she [Ohio Department of Job and Family Services director Helen E.
Jones-Kelley] may have just been a lefty.
O'REILLY: But anyway, look, Wiehl, if I'm living in the
state of New York and somebody doesn't like me
in Albany --
WIEHL: Really? Shocked -- I'm shocked.
O'REILLY: Probably
--
WIEHL: Somebody not
like you?
O'REILLY: -- it
might be happening. Do they have a right -- they don't? You're
shaking your head.
WIEHL: Absolutely not. And I
disagree with Megyn in the sense I do think there is potentially something
illegal here. I looked at the Ohio
legislative statutes. And employees are strictly liable for misuse of political
funds. And I would say, look, her taking the time
or ordering somebody else to take the time to look into this, that's misuse of public funds. It
takes time and money to do that.
O'REILLY: Because her agency is paid for by the taxpayers.
WIEHL: Absolutely. Absolutely.
O'REILLY: See,
she'd have to justify the expense?
WIEHL: The reason she justified it,
she said, "Well, you know, when
people come into the political eye, like a lottery winner, then we're going to
look at them." Well, a lottery winner is a lot different from somebody who barely is --
O'REILLY: So,
you would launch an investigation if
you were her?
WIEHL: They have -- they have launched an investigation on
her.
O'REILLY: There is one?
WIEHL: On her -- not of -- on her of the investigation --
O'REILLY: The attorney general of Ohio?
WIEHL: Exactly. An investigation -- that all they've said today is it's ongoing.
O'REILLY: But they're all -- they're all Democrats, so, you know --
WIEHL: Well, but they have to do it.
KELLY: It's not a mystery.
O'REILLY: And I'm not saying that
Democrats are corrupt. I'm just saying that, you know, in a state like Ohio -- or in any state -- there's a lot of cronyism. Now, where's the ACLU in this? Aren't they the privacy people?
WIEHL: They're busy.
KELLY: This is a shocker, isn't it?
O'REILLY: They didn't show up. Where is the ACLU? No, they didn't know about it.
KELLY: I'll tell you where
they are. They are out
in California
on behalf of the gay marriage advocates.
O'REILLY: Oh, so, they're all the way in that --
KELLY: They're
busy.
O'REILLY: -- they couldn't help Joe
the Plumber.
KELLY: Yeah.
O'REILLY: Don't they have bathrooms, the ACLU?
KELLY: It's so ridiculous.
O'REILLY: Don't they have restrooms there on the
premises? Don't they like plumbers?
KELLY: The ACLU would absolutely be involved in this.
WIEHL: But they're too busy.
KELLY: This is tailor-made for the ACLU.
O'REILLY: Can you imagine if a Republican
did this to a Democrat? It's unbelievable.
KELLY: The outrage would be --
O'REILLY: But nothing -- no ACLU. We haven't seen any of them.
WIEHL: No, no, they're all in California doing the whole gay marriage
thing.
O'REILLY: They're all in California.
WIEHL: You know, it takes a lot to file all these lawsuits in California.
O'REILLY: All right. Let's get -- let's get to this. So, we just
want to establish: no ACLU
in Ohio --
WIEHL: No.
O'REILLY: -- helping Joe the Plumber.
WIEHL: No, even though there is a huge privacy
issue.
KELLY: I'm sure they'll step in and help [O'Reilly Factor producer] Jesse
[Watters] if he gets sued, too.
From the October 31 edition of Fox News' The O'Reilly Factor:
O'REILLY: Lots of reaction to Ohio authorities
investigating Joe the Plumber.
Matt Buckner, Lyndora, Pennsylvania:
"O'Reilly, you are right. Governor Strickland wants to attack Joe. I want
to join you in protecting our citizens."
If anything happens to Joe the Plumber, you will know
immediately, sir.
Sara Wagner, Columbus, Ohio:
"I am appalled by Democrats investigating Joe. Running a background check
on him is ridiculous."
David Jozsef, Toronto, Canada:
"Where is the ACLU on this violation of privacy? Or is it just terrorist
privacy they want to protect?"
Probably that.
Media Matters - O'Reilly falsely accused ACLU of remaining silent on government check of Wurzelbacher's records {...} Fox News' Bill O'Reilly, Megyn Kelly and Lis Wiehl falsely claimed that the ACLU has not raised privacy objections to the search by Ohio government officials of "Joe the Plumber" Wurzelbacher's records, with O'Reilly saying the organization's response has been "nothing." In fact, ACLU of Ohio executive director Christine Link wrote in a letter that she "was deeply disturbed to hear that state officials approved the use of government databases to obtain information" Wurzelbacher, and the legal director for the ACLU of Ohio told Media Matters , "We would be very happy to talk to him and see if there's something we could do to pursue redress for this violation of his privacy rights." {...} Published: November 10, 2008, 10:12 pm - Indexed: November 11, 2008, 12:43 pm - Page Size: 29KB |