How Alec Baldwin Outted the Fox Blowhard
   Bill O'Reilly's Fascism
   By TOM GORMAN
   Last year on a special broadcast, "O'Reilly versus  Hollywood" (Fox News Special, 6/7/02), Bill O'Reilly  purported to "take-on" the "phoniness" of  entertainers who are politically active. Of particular  pique to O'Reilly was a comment from actor Alec  Baldwin on a March episode of the now-defunct  Politically Incorrect. Responding to the idea that a  President Gore would have been less steadfast in  his response to terrorism than President Bush,  Baldwin said: "If you watched Fox [News] and all  those other fascists over there, that's exactly what  they would have had you believe." O'Reilly  complained to entertainment journalist Jeanne  Wolf (The O'Reilly Factor, 6/7/02) that "if you're  going to point fingers at people, and call them  names like Alec Baldwin said the Fox News  Channel are fascists, . . . you've got to back it up."
   Two years ago, O'Reilly first offered his definition  of "fascism." "Clinton angered a lot of people out  West with these executive orders that took away a  lot of land that people wanted to develop . . . and  put it under the federal system. Now, to me, that  strikes-that's a little fascist, because . . . here is a  big monolith from Washington coming in, told the  local folks. . . . You can't go on this property and  use it for any kind of concern, because we're going  to take it" (The O'Reilly Factor, 1/22/01). 
   Earlier this month, O'Reilly gave an example of a  "fascist" organization--the American Civil Liberties  Union. Interesting here are not his accusations off  the ACLU defending unpopular clients; this is an  oft-repeated charge. Being that the ACLU's mission  is to defend principles regardless of the group  whose rights are being violated, O'Reilly's  accusation is hardly original. What does stand out  is his further definition of "fascism": "In Newton  County, Georgia, the ACLU threatened a school  board with litigation if it didn't remove the words  'Christmas holiday' from the school calendar. The  county caved and removed the words because it  couldn't afford to defend the lawsuit. This, ladies  and gentlemen, is fascism, that is, using the  threat of terror, which a lawsuit is, to promote  policy" (The O'Reilly Factor, 1/2/03). If lawsuits,  then, are terror, and "using the threat of terror" is  fascism, then, by O'Reilly's logic, the use of  lawsuits is fascism.
   The Seventh Amendment to the United States  Constitution ensures that, "In suits at common  law, where the value in controversy shall exceed  twenty dollars, the right of trial by jury shall be  preserved, and no fact tried by a jury, shall be  otherwise reexamined in any court of the United  States, than according to the rules of the common  law." "Suits at common law" are otherwise known  as "lawsuits." This is more colloquially referred to  as one's "right to his or her day in court." This  bedrock of American contract law--the ability to  seek redress in the judiciary for injury--is also one  of the foundations of capitalism. If individuals did  not have the opportunity to settle their grievances  through the rule of law, the only option left would  be violent force. Arguably, "might makes right"  comes closer to most people's definition of  fascism. Thus, we can deduce from O'Reilly's  "logic" that "fascism" encompasses both the rule of  law and the rule of force, a Hobson's choice  between two kinds of terrorism in Bill O'Reilly's  estimation 
   If the federal government administering federal  lands can be considered "a little fascist," or the  ACLU enforcing First Amendment protections  against state-sponsored religion is "fascism" and  the "use of terror," then O'Reilly's comments after  the September 11 attacks surely must qualify for  this rubric as well: "We should not target civilians.  But if [the Afghans] don't rise up against this  criminal government [the Taliban], they starve,  period," and, "What we can do is . . . say to those  people, 'Look, we don't want to do this. But either  you get rid of this guy yourself, or you're just  going to have to starve to death because we're not  going to let anybody in there'" (The O'Reilly Factor,  9/17/01). 
   The 1948 Genocide Convention (specifically, Article  II(c): "Deliberately inflicting on [a national] group  conditions of life calculated to bring about its  physical destruction in whole or in part," and  Article III(c): "Direct and public incitement to  commit genocide") was enacted in response to the  unambiguously fascist crimes of the Nazis. (Read  the full text of the Convention at  unhchr.ch.  Note that there is no exception to this law; even if  you do not like the government in a certain  country, or if you believe that the country "harbors  terrorists," genocide is still strictly forbidden.)  Considering the United States is a signatory to the  Genocide Convention, and that Article VI of the US  Constitution makes all treaties entered into by the  United States the "supreme law of the land,"  O'Reilly's call for starving the people of  Afghanistan certainly seems to be a "direct and  public incitement to commit genocide." 
   Thus it would appear that Alec Baldwin's  characterization seems quite accurate, if not for all  of Fox News, then certainly for Bill O'Reilly.
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