A San Diego and Palm Springs California Media and Election Attorney Looks at Allegations of Bias in the 2008 Presidential Election - What’s New?


R. Sebastian Gibson asked:


Whether you watch your television in Palm Desert, California, San Diego, CA, Orange County, Los Angeles, La Jolla, Del Mar, Pacific Beach, Carlsbad, Oceanside, San Marcos, Vista and Escondido or the cities of Huntington Beach, Westminster, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, and Laguna Hills, Buena Park, Temecula, Indian Wells, La Quinta, or Palm Springs, and whether you are a California media lawyer, a CA election attorney or Joe the Plumber, unless you never turn on the news or read a newspaper, you have been hearing a great deal about media bias in the 2008 Presidential election.

 

The supporters of Hillary Clinton alleged there was bias in the media because she is a woman. Barack Obama because he is a Black-American. John McCain because he is old. And after Sarah Palin was chosen as the Republican vice presidential running mate. it was thrown out again by supporters of Sarah Palin. Undoubtedly, plumbers will soon be alleging bias against their profession as well.

 

But never has the criticism of media bias been turned up so high as it has been since the selection of Sarah Palin as John McCain’s running mate.

 

First their were allegations of bias as a result of questions whether she could lead the country and still be a mother to her children. There were criticisms of her and allegations of conspiracy to hide who was the real mother of her youngest child. Then more criticisms when it was learned that her seventeen year-old daughter was pregnant and unmarried.

 

While many of the attacks on Palin came in blogs and less than mainstream media, members of the Republican party alleged that they were proof that the media as a whole was biased.

 

Following her first interview with Charles Gibson, it was alleged that Charles Gibson had been condescending toward Palin. Part of this probably resulted from the way Charles Gibson wears his glasses halfway down his nose making it appear that he is looking down at his interview subject. But most of the attacks on Charles Gibson came as a reflex by Republicans to attempt to cover up for Ms. Palin’s confusing and poorly thought out responses to some of his questions.

 

Still shielding Sarah Palin from the media, only her second interview was allowed to be conducted by Sean Hanity. In that interview she showed what was to come in later interviews with this response: “Well, there is a danger in allowing some obsessive partisanship to get into the issue that we’re talking about today. And that’s something that John McCain, too, his track record, proving that he can work both sides of the aisle, he can surpass the partisanship that must be surpassed to deal with an issue like this.” Sean Hanity did not bat an eye.

 

But then weaving in the same bunch of malarkey in an incomprehensible form, she said in only her third interview to Katie Couric since being chosen to run with John McCain, “What I think Americans at the end of the day are going to be able to go back and look at track records and see who’s more apt to be talking about solutions and wishing for and hoping for solutions for some opportunity to change, and who’s actually done it?”

 

After one more incomprehensible response after another to Katie Couric’s softball questions, even Kathleen Parker, a syndicated columnist and a regular on the Bill O’Reilly Factor, and a conservative who initially cheered her selection, concluded that she is a problem and for the good of the country should step down.

 

When Kathleen Parker regretfully found herself having to declare in her own column that Sarah Palin is out of her league, after initially pulling for her, all the wind was let out of the sails of the claim that the media was biased.

 

Bias in the media thus depends, unfortunately, not just on what is being said, but also on who is saying what. When criticisms are leveled by the other candidate’s party and by members of the other gender, it is more likely to be labeled bias by those sticking up for the candidate. But when the criticisms are leveled by a well-respected person of the candidate’s own party and own gender and the criticisms are this severe, the candidate has a real problem and it is not due to media bias.

 

As a media and election lawyer, there is certainly bias in the media by the different television stations but it seems based less on whether the candidate they are biased against is because of their gender, age or race but rather is based on if the broadcast company is biased toward the Republican party candidates or the Democratic party candidates.

 

Surprisingly there is less of an allegation than one would suppose against two news channels that are well recognized fervent supporters of one candidate over another. Even the candidates have made jokes how some of the hosts on MSNBC favor Obama and how many of the hosts on Fox News favor McCain. With these jokes there now seems to be an acceptance of bias by news stations and less of an effort by newscasters to remain unbiased even on financial channels.

 

When a broadcast company, or a newspaper or a talk show host is biased against a certain candidate, they will use any and all criticisms they can create, truthful and some not, to persuade their listeners, readers or viewers to vote one way and not another. This is still bias, but it seems to be less motivated by age bias, gender bias or racial bias, (though their attacks on such candidates are sometimes in those categories) as it is based on bias toward one party or another.

 

The 2008 Presidential election, however, has appeared to many to be one of the dirtiest campaigns in history. And while recent attacks have been less and less based on truth than on generating fear in the minds of voters, let us hope that these tactics, as bad as they are, are simply based on the advice of campaign advisers trying to win votes in a shoddy way, as opposed to being motivated by other reasons.

 

If you have a media, broadcast, publishing or election law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Media Lawyer and your Palm Springs and San Diego Broadcast Attorney. Be sure to hire a California law firm with media and broadcast law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.

 

If you have a media, broadcast, first amendment, publishing or election law issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.



Post Election Trauma Syndrome (pets); it is Curable!

Obama Change Website
Beth Roberts asked:


Reflecting upon the “day after” election 2008, I found myself feeling like I was standing between my yesterday life and a vague facsimile of the life I had pre-campaign. I was still; and there was no movement of time. I discovered the promises I had made to myself that I would finally clean my house, do the laundry and get the shopping done just after election night, are still left undone. Yet, I mindlessly wander around feeling  an anxiousness, as if I was suppose to be doing something, but there was no motivation to do much of anything.

Over the last year or so my whole body, mind and soul has been focused on one goal; to do everything within my ability to be a part of history and see the first African American be elected as our 44th President of the United States. Now that it is a reality, I am discovering I was living an alternate life that ended quite abruptly on November 5th, 2008. The announcement that Barack Obama was the projected winner of the election was such a surreal experience but that event rapidly turned into an abyss of emotions.

Although, a day and night had passed, there seemed to be something going on. I was really mystified by my emotions and behavior, or in my case, the lack of behaviors until this feeling of familiarity bubbled up into my consciousness; I had experienced this before. Some time back, I had volunteered over 100 hours at the 2002 Winter Olympics, and the days following the closing ceremonies of that very meaningful world-wide event, I meandered around my days as if I was in a thick fog, and no matter how much I tried walk around or out of it, the fog continued to wrap around my life.

There had been approximately 25,000 people volunteering for the 2002 Olympics, and most of them were in the same patch of fog that I found myself in. This phenomenon actually became a story in the local news media. The news media dubbed the volunteers’ experience as Post Olympic Blues. I was pessimistic about such a description because I wasn’t feeling depressed, I was feeling like my purpose in life had been ripped right from under my feet.

Since the 2008 election process began, most of us have been living on a constant flow of the hormone adrenaline. This hormone has helped us push our bodies to be super-human by living on little sleep, constantly walking, door knocking, and talking to exhaustion; motivated by the hope that change was on the horizon. After the election, the body no longer needed the constant secretion of adrenaline, and so we soon felt the physical and mental crash that occurs when the body stops producing adrenaline in constant high volumes. This crash most of us experienced is an inventible consequence of a swift transition from high motivation and energy to “nothing.” The nothing we are experiencing, is the beginning of what can now be known as the “Post Election Trauma Syndrome,” or (PETS).

PETS has similar features to a well-renown concept known as the Kubler-Ross “Five Stages of Grief” model. This model was developed for the purpose of understanding how people grieve and process a significant loss in their lives. Most people believe that “grief” only applies to the loss of a loved one through death, or the loss of a love relationship, or even to the loss of a beloved pet. However, any significant personal change in circumstances is considered a loss and the change does not always have to be viewed as a negative one. The change just needs to be significant enough to elicit the response of loss.

It is pretty easy to notice that all of us, who have had a considerable investment into this year’s historic election, have experienced a “significant personal change” in our lives that may have caused a cluster of symptoms related to PETS. Our collective and diverse efforts and experiences dissipated soon after November 4th, 2008 and most of us, to some degree, have had some feelings of this loss. Even though the outcome of all our hard work and prayers had a positive result, gaining an understanding that we are suffering these symptoms of PETS, may help us reintegrate ourselves back into our family, friends and the society in which we once belonged.

There are specific symptoms that are identified with the PETS disorder which are identified below:

Numbness (mechanical functioning and social insulation)

Denial (this isn’t happening to me!)

Bargaining (If only, then I will be OK, if …..)

Depression (moping around, no motivation)

Acceptance (I’m ready for whatever comes)

Reorganization (re-entry into a more ‘normal’ pre-campaign life.)

We may recognize some of the above symptoms as something we are currently experiencing, or have recently experienced over the last many days. The list above is a collection of symptoms related to PETS and if we are able to identify with at least two of these symptoms we may be suffering from PETS.

Let’s examine each of these symptoms separately by starting with the symptom of feeling “numb.” If we are wondering around our daily life functioning as a mechanical robot and insulating ourselves from any emotions that may want to surface, then we are most likely suffering from the symptom of numbness. Eventually, the numbness will wear off and we may move toward a natural defense mechanism of denial to protect our psyche from the reality that our efforts and work are no longer needed; and the life we had been living for the last year and a half or so, is no more. We may feel some anxiousness as if we are suppose to be doing something but we are bewildered as to what that might be. If this sound like you or any of us, there is a high probability we are suffering from the symptom of denial.

At some point denial will begin to dissolve into one of the other symptoms of PETS. Nearly all of us were ecstatic when we heard the announcement that the media projected Barack Obama had won the election. The extremely positive feelings we were having may have lasted for hours or even for days since our ultimate goal had been realized.  Eventually though, we all began to participate in the symptom known as bargaining as another way to cope with PETS.

This symptom translated into a worry of “if only” Obama’s Head Quarters doesn’t shut down the campaign site, we will be able to keep in touch with the many virtual friends we had made. This symptom became quite noticeable when all of us blogger’s began posting a very similar theme of concern. Many of us started to consider the possibility of losing the site and started posting “if only” the Obama Head Quarters could provide an alternative site we would all be “OK” because we would still be able to stay in contact with all of our virtual friends we made during the Obama campaign. The Obama Headquarters must have noticed all of our worried posts and posted a forum that stated they would not be shutting down the site and they also notified us that they had created a new sight so that we may continue on our journey of participating in our government “of the people, by the people, and for the people.”

Even though we had been reassured by Obama Headquarters that they had not forgotten about us, some of us may have started to suffer from some level of depression. This may have started the day after the election or at any time after and co-exist with any of the other symptoms we were experiencing. Although this mild form of depression can be a natural part of the loss process, the symptoms should dissipate in a short period of time. If for some reason, someone continues to be depressed or the feelings of depression dramatically increase, it is important that we seek professional help immediately.

Eventually we will begin to accept this significant change in our life. At first, the symptom of acceptance related to PETS, may be tempered and we may be somewhat aloof about returning to our pre-campaign life. There will still be occasional waves of emotions that can be triggered by any number of experiences, which is very normal and is evidence that we are beginning to heal from what we perceive as a loss. As time passes, we will eventually reorganize our thinking by incorporating our loss with positive memories of the long, hard fought battle of the campaign. We will no longer be sad about this significant change in our lives, as the experiences are now a part of us and the feelings of loss will no longer keep us from functioning as we once did in our pre-campaign lives.

(PETS) is not a neat list of absolutes, it is a wide range of emotions and behaviors that are as individual and varied as those of us who are dealing with the disorder. What is important to remember, is PETS is not a pervasive condition and will subside as time goes by. Armed with the knowledge of PETS, we can now better understand ourselves and others who are going through many symptoms of PETS. Recognizing that we’re not alone in our suffering can increase our empathy and support for others and provide permission for us to go through the process in our own way and in our own time.

By now all of us may be wondering how we can help ourselves through this period of suffering from the PETS disorder. There is actually a barrage of activities that can improve our mood and increase our ability to recover faster. Just like people who suffer from PETS that will have diverse and unique symptoms, there are also as many unique ways of improving our ability to recover from this disorder.

Some ideas to promote our healing process may be to take a day to pamper ourselves in whatever way that we know how to pamper ourselves. Start making that scrapbook of your campaign experiences. Meditate/Pray, read both of Obama’s books for the first or second time. Give your pets’ extra special attention. Volunteer at an animal shelter, or a homeless shelter. Look for your local Democratic office and become acquainted with your local leaders. Begin emailing or writing letters to your state representatives about issues that you and our President-elect Obama have been passionate about.

It may be worth mentioning that the Obama Headquarters have already developed a new website to keep “we the people” involved in the restoration of our government. The site link is http://www.change.gov and may be a great way to start the process of reorganization and reentry into our pre-campaign life.

This is not the time of wondering where we go from here, but a time to adjust and move forward. Since this is a specialized disorder, it can be comforting to know we will eventually succeed in healing ourselves from PETS. This will become obvious when we are able to see ourselves stepping back into our pre-campaign life. The one difference between pre and post campaign involvement though, is that we will have brought with us a richer life filled with positive memories of our widespread involvement with our children’s and grandchildren’s history.

Although, we have all participated in making history, there is a possibility there may be another outbreak of PETS four years from now. However, next time we will have all been vaccinated and thus be armed by our understanding and knowledge of PETS disorder, which will greatly reduce the symptoms that we may suffer. If we decide to get involved in the political process once again, it will be inevitable that we will have that sudden and significant feeling of loss that will occur after re-electing President Obama in 2012. In the meantime, one way we can heal faster from PETS, would be by collecting all of the memorabilia that has been scattered around our homes that we thought would be cleaned up by know, and start making our scrapbook of memories we promised ourselves we were going to do as soon as this election was over!

(Loosely Based on the Grief Cycle model first published in On Death & Dying, Elisabeth Kübler-Ross, 1969 and the Interpretation by Alan Chapman 2006-08.)



Coachella Valley & Imperial Valley Agricultural Attorney Looks at the New Country of Origin Labeling Law (cool) and How it Will be Applied

Obama Change Website
No matter where you live in California, whether it is in a farming or agricultural area or city such as the Coachella Valley, the Imperial Valley, San Diego, CA, Carlsbad, Oceanside, San Clemente, San Juan Capistrano, Newport Beach, Huntington Beach, Orange County, Anaheim, Camarillo, Irvine, Santa Ana, Costa Mesa, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, Temecula, Palm Springs, Palm Desert, Victorville, Santa Barbara, Santa Ynez, Ventura, La Jolla, Del Mar, San Marcos, Encinitas, Solana Beach, Fallbrook, Pacific Beach, El Cajon, Chula Vista, or Escondido, you will be pleased to see a change at the grocery store when you buy food and drink, or agricultural products.

 

The change has to do with the law. No, California agricultural lawyers won’t be in the produce aisle. And California food and drink or regulatory attorneys won’t be lurking near the frozen foods. California personal injury attorneys won’t be looking for slip and fall accident victims. But the change will please customers nonetheless. 

 

Until now, most consumers had no idea from which country the food they were eating came from. With the new COOL (Country of Origin Labeling) law taking effect after September 30, 2008, all that will change, with a few exceptions and a few quirks.

 

After years of lobbying for delays by grocery lobbying groups who argued the law would be too costly to implement, and who lobbied for delays, COOL has at last taken effect.

 

Now when you buy that apple, pick up a package of most meats, or bag a head of lettuce, you will be able to glean from either a label, sticker or notice of some kind what country it came from. Unfortunately, as of yet, the law does not extend to dairy products and with the milk scare from China, one can hope that calls for it to be expanded to include these products will be heeded.

 

The law also does not apply to organ meats such as heart, liver or kidney but how many households see those meats on the dinner table?The law also provides exceptions for processed foods such as bacon or everyone’s favorite, Spam, foods that are mixed together such as peas and carrots, but it’s likely to help consumers feel much safer in being able to avoid food from certain countries, especially during food poisoning outbreaks, and feel better able to buy American if they want to.

 

The law was established in the 2002 Farm Bill, but was successfully delayed by lobbying groups until now. Concern about unsafe imports from China and elsewhere finally overcame food industry efforts to delay it. It was amended in the 2008 Farm Bill to include more foods. Retailers have six months to get to know the regulations and come into compliance (so there’s a grace period here). Then the government is supposed to announce a final set of regulations incorporating seafood and shell fish regulations already in effect.

 

The law makes one think that lobbying efforts may be the reason for some of the strange distinctions in COOL. For instance macadamia nuts are included, but not walnuts. Did the walnuts have a better lobbyist than the macadamia nut lobbyist, or was the macadamia state senator absent when the Farm Bill was passed?

 

There are also exceptions in COOL for butchers, fish markets, restaurants, restaurants in hotels, school cafeterias, and small retailers. Additionally if spices, sauce or breading has been added, no labeling is required. Though not exactly food, the law also does not apply to pharmaceuticals, though there are calls to extend the law to them. Produce mixed in displays may simply be labeled as being "from two or more countries of origin."

 

Consumers are likely going to be surprised when they see how much of their food is imported. "I’ve been eating what?" and "This comes from where?" will likely be heard by check out clerks as consumers stand in line and look over the new labels.

 

COOL has long been a goal of U.S. farmers and ranchers who believe that identifying foreign food imports may encourage shoppers and manufacturers to buy more U.S. foods. Meat packers, on the other side of the barbed wire, opposed COOL citing the costs it will involve in its implementation.

 

But as this country’s economic crisis grows, shoppers may be more and more inclined to buy American not just for safety but to help other Americans. Who nicer to help than American farmers?

 

Lawmakers and consumer groups are angry that the USDA seems to be attempting to evade congressional intent by allowing steaks and other meat cuts to be labeled with multiple country of origin labels. Congress only intended that exception for ground beef or for animals raised in more than one country. It has been said that there is a chasm of difference between the statutory language that was passed by Congress and the rule allowing multiple of country origin labels drafted by the USDA.

 

It has been suggested by some that it was meat packers who didn’t want the obligation to sort out cattle from Canada and Mexico, who are the reason why at least to start, beef may be labeled with just a North American country of origin label, as opposed to a U.S. country of origin label. Sadly, with this country’s lack of geographical knowledge (just watch Jay Leno when he asks people on the street where Canada is), many people will assume that "North American" means that the beef couldn’t possibly have come from outside the U.S., much less Mexico.

 

Consumer advocacy groups hope that the USDA will make rule changes as it receives more feedback. Thirty-one Senators, including Barack Obama have already written the Agriculture Secretary calling for more restrictive meat labeling rules. U.S. Cattlemen have also asked the USDA to address the loophole for beef and see that the statute is faithfully implemented.

 

There are other discrepancies with how the law will be applied. Fish caught off the coast of Alaska by a Chinese or Japanese owned ship may be labeled as a product of China or Japan. Beef raised in another country that spends 30 days in a feed lot in the U.S. can be labeled as coming from the U.S.

 

Retailers are given discretion how they label the food. Meat counters, for instance, may simply list all the countries where the meat is produced, or they can label each cut. Hamburger will still likely give the consumer pause as meat that is ground up may come from numerous countries.

 

Since all chicken and goat consumed in the U.S. comes from the U.S., the chicken and goat industries asked to be included in the law.

 

Once compliance goes into effect, businesses may be fined $1,000 per violation. The law is expected to cost at least $2 billion to implement.

 

If you have an agriculture, food & wine or agricultural issue in the Coachella Valley, San Diego, Palm Springs, Orange County or anywhere in Southern California, we have the knowledge and resources to be your Coachella Valley Agriculture Lawyers, and Palm Desert and Newport Beach Food & Wine Attorneys. For this reason, be sure to hire a California law firm with agriculture lawyers who can represent you from Brawley to El Centro, Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, Santa Barbara, Santa Ynez, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

 

If you have an agricultural or food and wine issue, and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.



By: R. Sebastian Gibson

About the Author:

The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.

Visit our website at http://www.sebastiangibsonlaw.com if you have an agriculture law, or food and drink, wine or alcohol legal matter of any kind. We have the knowledge and resources to represent you as your Coachella Valley Agriculture Lawyer and Santa Barbara Agricultural Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo and Santa Barbara.



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