Sometimes, bias in media is not constrained to one typical political party or the other within the Fourth Estate. Often, preconceived notions or preferences pour forth from reporters and editors simply because of their normalcy bias or ignorance of fundamental American principles.
The story of Fayetteville is a perfect example.
On the national front, Fox News’ Audrey Conklin recently reported on the new “get off the sidewalks at night” ordinance passed by the City Council last month, noting:
“To curb rising youth violence, city leaders in Fayetteville, North Carolina, are implementing a new citywide curfew for minors.
Fayetteville Mayor Mitch Colvin told Fox News Digital that the city recorded nearly 2,000 incidents of interaction or arrest involving minors over about a 16-month period.”
Conklin also offered important details that local residents and visitors to Fayetteville might want to know:
“With the new ordinance, kids under 16 are prohibited from being in any public space between 11 p.m. and 6 a.m., with some exceptions, including those who are accompanied by parents or guardians or another authorized adult escort, running direct-route errands, traveling to and from work, responding to emergencies, attending supervised activities such as sports or school events, and participating in religious services.”
On the local media level, WTVD, ABC 11, out of Raleigh, offered similar details, but provided quotes from numerous locals who either are opposed to the ordinance or are uncomfortable with it.
“Council Member and mayoral candidate Mario Benavente, who represents District 3 and is against the curfew, met ABC11 at his alma mater, E.E. Smith High School. Now a criminal defense lawyer working in juvenile court, Benavente sees the challenges that children in this community face every day.
‘One thing about these issues is that they're not unique to Fayetteville,’ Benavente said. ‘A lot of different communities have faced these issues. The difference between us and them, of course, is -- are we applying the best practices?’"
The core of both reporting problems is that neither outlet pays attention to what legal documents purportedly define the limits of government “practices.”
Many Americans might look at local curfew statutes and wonder if they comport with the US Constitution, and, specifically, the First Amendment.
But, this Fayetteville curfew isn’t about Congress stomping on free speech or assembly; the First Amendment, by its text, restrains only the federal legislature, stating, in part: “Congress shall make no law…” Local policies like Fayetteville’s fall under state and municipal jurisdiction, a cornerstone of federalism that decentralizes power and lets communities tailor solutions to their problems.
In order to understand what are supposed to be “Best Practices” in this matter, one must read the North Carolina’s state constitution.
And, Article I, Section 12 of North Carolina’s Declaration of Rights guarantees the right to assemble:
“The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the General Assembly for redress of grievances…”
Thus, if residents think this curfew oversteps, they’d could make a strong legal case against it.
The next question here is whether people 16 years of age and younger are “people.”
That seems obvious, but politicians often invent their own reality and change the meaning of words, thus pretending that human beings in the womb are non-people when they want to promote abortion.
The practical outcome of this new ordinance in Fayetteville, like those in other locales, remains to be seen. But this does not change the responsibility for journalists to “get it right” when reporting, and by overlooking the constitutional issues and the matter of federalism, both FoxNews on a national level, and WTVD, on a local level, fall short of the mark for well-sourced writing.
Such abbreviated thinking is a disservice to readers, but, sadly, it seems to be the norm for most reportage concerning political U.S. matters.
Photo by: faytetteville