Fox News is shameless in misinforming its viewers into believing that U.S. Supreme Court Justice Elena Kagan should recuse herself from the case involving the constitutionality of a provision of the Affordable Care Act. In this case, they’ve been caught blatantly making up part of the U.S. Constitution to help make their case…

Fox News Fabricates Parts of U.S. Constitution

Fox News Fabricates Parts of U.S. Constitution

Three glaring problems with this argument: The Constitution has no Article 28, has no Section 144, and does not contain the language quoted.

The Constitution actually contains seven articles, none of which have more than 10 sections. It also has 27 amendments, none of which contain anywhere near 144 sections.

The language Fox quoted from actually comes from a statute passed by Congress, Title 28 of the U.S. Code, Section 455. But that’s the very statute legal ethicists have analyzed in finding that Kagan does not need to recuse herself because of the email.

Obviously, part of the issue is that there’s a pretty major typo, but it goes well beyond that into the non-existent fact-checking.



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9 Responses to “Fox News Fabricates Part of U.S. Constitution”

  1. I don’t know which is worse – that they’re lying to people, or that they’re not even trying to cover it up.

  2. Roger Doger says:

    For “reductio ad absurdum”, if this argument applies to Elana Kagan, it also applies to Scalia, Thomas, and Roberts who have expressed opinions and should to recuse themselves.

  3. I am an artist whose art focus on social and political issues. There are three paintings on my site that deal directly with FOX news that I think you will enjoy. They are “Unbalanced”, “Murder By Media” and “Christian Wrong”. If you would like to sell posters of them on your site we can work something out.

    Keep up the good work.

  4. Marc Mandt says:

    So what did Kagan’s email say? Do you presume it is professional that a judge expressed an opinion about a case before the case is heard? Is that what you are saying here?

    • No, they are saying that our guardians of our constitution and freedoms known as the “Free Press” can only Be the “Free Press” if they are unbiased and print the truth. They are saying that Fox News does neither and that we the people should send a message that this is unacceptable.

  5. Bobbie Van Dyke says:

    It’s obvious that Fox News knows their shallow audience enough to know that the truth isn’t part of their agenda. They lie as big as they can then repeat it over and over hoping that other news media will pick it up. That news channel is about as truthful as the tabloids they also own with no regards for truth at all. It’s a joke on the people who are stupid enough to watch that chanel. shows how lazy those people are who only want sound bites without substance.

    • Diana Wilson says:

      Pres. Obama lies, says one thing, does another. Should the American ppl hold him to the same standard?

      Insulting unknown people (audience of Fox News)?

      Then, why should ppl not insult you?

      Differeces in thinking, IS the #1 priviledge in the USA. FREEDOM of speech, also. So you are FREE to express your self/thinking but NOT to insult someone who differs from you.
      You are no different than them!

      • It would be funny if it weren’t so pathetic that you have to bring up Obama to try and make a point and attempt to compare lies, as if that makes it ok for Fox News to lie… Take the fact that Fox News made a huge mistake about the Constitution of the United States and discuss that. Go ahead, try… This isn’t a difference in thinking. Fox News was wrong. Period.

  6. FOX, NotW (UK) Hackgate, etc… all belongs to “Capo di tutti Capi” RUPERT MURDOCH who seems to have hi-jacked every country he set his foot in!. Answer… LYNCH HIM & HIS BROOD….


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