McCain Slams Efforts To Curb Rampant Campus Sexual Harassment As Violating Free Speech

By Kumar Ramanathan/Think Progress

Over the past month, conservatives and libertarians have criticized efforts to curb sexual harassment on college campuses as “de-eroticizing universities” and claimed they violate free speech. Now, Sen. John McCain has jumped on the bandwagon in a letter to Attorney General Eric Holder.

McCain’s letter, sent to Holder last Wednesday, accuses Assistant Attorney General Tom Perez and Department of Justice (DOJ) lawyers of having “single-handedly redefined the meaning of sexual harassment at all universities and colleges across the country.” Endorsing claims made by the Foundation for Individual Rights in Education (FIRE), which has led the attack on the DOJ and OCR, McCain suggests that guidelines set out by the DOJ and the Department of Education’s Office of Civil Rights (OCR) with one university in the wake of increasing student protest and complaint over the epidemic of rape culture across college campuseswould somehow restrict free speech.

As ThinkProgress reported in June, the agreement in question was reached by the DOJ and OCR with the University of Montana in May in an effort to prevent sexual harassment and assault following a string of high-profile cases and subsequent mishandling by campus authorities. Inone particularly notable case, a woman who reported her attempted rape was told “not to expect much” and told that half of all rape allegations were false. The final agreement is so measured that it has been met only with hopeful skepticism from campus activists.

Over the past two months, conservative and libertarian critics of the agreement have seized on one section of the lengthy agreement, which is intended to encourage students to feel more comfortable reporting conduct they feel harassed by, rather than be burdened with interpreting Title IX regulations themselves. In that vein, the section defines sexual harassment for the purpose of student reporting as “any unwelcome conduct of a sexual nature.” Government officials have repeatedly reiterated that only conduct that meets the legal standard of being “severe or pervasive” and creating “a hostile environment” will be subject to enforcement, and that the guidelines merely try to “ensure students are not discouraged from reporting harassment.” But that has not stopped McCain and other conservatives from insisting that this section creates a new and expanded definition of sexual harassment, alleging that it could even encompass a student asking another on a date.

McCain’s letter includes several questions asking for clarification on the DOJ’s definition of sexual harassment and the implications of its agreement with the University of Montana, and requests a response by July 17. A DOJ representative said in a statement to the Huffington Post said that the Department was reviewing McCain’s letter.

Despite the controversy, University of Montana officials have said that they will go ahead with implementing the agreement and do not see it as unconstitutional. “I don’t believe we’ve been instructed to [create a new category for sexual harassment],” Lucy France, legal counsel for the University, told the Moussilian. “We’re working on a draft policy that’s consistent with the law, and not inconsistent with First Amendment rights and academic freedom. That’s what we agreed to do with the DOJ.”

Fox News Reaction Demonstrates Why Harassed Victims Retreat To Silence

by Solange Uwimana/Media Matters

A few weeks ago, allegations of sexual harassment against Republican presidential candidate Herman Cain became public. As two women stepped forward to publicly recount what they allege happened in the 1990s, Fox News rallied to Cain's side. The network launched a vicious smear campaign against his accusers in an attempt to discredit their testimonies and tarnish their characters. In one example typical of the venom at Fox, Dick Morris stated of one Cain accuser: "I look forward to her spread inPlayboy."

In a candid interview today on CNN's Reliable Sources, journalist Lauren Ashburn pointed to Fox's vitriol as an example of why few harassed women break their silence. "That's what women fear the most -- is the character assassination," she told host Howard Kurtz, after CNN aired Morris' statement. Ashburn continued:

ASHBURN: Is that all of a sudden you say something and the camera and the lens turns onto you: you as a person, you -- how you've lived your life, and what kind of money you want, and why are you doing this, and is it political gain, and is it notoriety? And is it worth it? In many women's instances, in cases, it's just not worth it. You don't want to be defined. You don't want to live your life based on the fact that you confronted a harasser.

Ashburn, a 20-year veteran of the newsroom who is now president of a media company and contributes to The Daily Beast and The Huffington Post, recently recounted her own experience with harassment. It was the first time she had done so publicly. She wrote on November 3:

Sexual harassment, suddenly back in the news, is not just something that happens to other people. Thousands of women, old, young, thin, fat, short, and tall, grapple with unwelcome sexual advances perpetrated in the shadows of cubicles and swanky executive offices.

I'm one of them. And I didn't do a thing about it.

[...]

My fellow silent contingent of "victims" does not want to go through life known primarily for speaking up about a horny man's indiscretions. We want to be acknowledged for our brains, our business acumen, and our integrity, not as a "problem" that has to be "dealt with" by a most likely male-dominated corporate hierarchy.

The decision to shut up and handle harassment ourselves often trumps invasion of privacy, loss of valuable time and energy needed to raise a family, and potential humiliation. Getting to that decision was, for me, a very painful process. My anger demanded justice, demanded that that these men be held accountable. But my fervent desire for a tranquil personal life won in the end.

A week later, Ashburn wrote that, following her testimonial, "an onslaught of emails about unwanted workplace advances began pouring into my inbox." She continued:

I knew I wasn't alone when I divulged that a client had put his hand on my knee in a Manhattan taxi, or my boss had told me that his male boss had mentioned I had "quite a rack" as his eyes wandered to my breasts. But I was taken aback, in the wake of the mounting sexual-harassment allegations against Cain, by how many lives have been touched by this sort of gross misconduct, and how much of an exposed nerve it remains.

The consequences of speaking out are clear, as Sharon Bialek learned this week when she accused Cain of reaching for her genitals and trying to force her head toward his crotch in a parked car when she was seeking a job with the trade group he ran in 1997.

The Republican candidate, in flatly denying her allegations, called Bialek a "troubled woman," and referred to the fact that the single mother has twice filed for bankruptcy. New York Post columnist Andrea Peyser called her a gold-digger who "flirted like a tart" with Cain.

Bialek is facing what many precisely women fear: an attack on her character.

Indeed, those who tuned into Fox News the past two weeks were treated to just that: insults about the accusers, mockery, and dismissal of the alleged victims' claims. Sexual harassment "can have a devastating impact" on victims, but Fox News chose to make a joke of it. The network even devolved into blaming the victim, with Sean Hannity blasting one Cain accuser for "staying in the car" with him after the alleged harassment.

The American Association of University Women reports that "[f]or many victims of sexual harassment, the aftermath may be more damaging than the original harassment." AAUW adds: "Effects can vary from external effects, such as retaliation, backlash, or victim blaming to internal effects, such as depression, anxiety, or feelings of shame and/or betrayal. Depending on the victim's experience, these effects can vary from mild to severe."

During her interview with Kurtz, Ashburn stressed that "we need to drive the national conversation on" sexual harassment, adding that "things need to be changed."

Following the interview, Ashburn posted on her Twitter feed:

Andrea Tantaros: Herman Cain's Very Own Fox News Crisis Consultant

From Media Matters:

Since sexual harassment allegations against GOP presidential candidate Herman Cain emerged, Fox News contributor Andrea Tantaros has been one of Cain's most vocal defenders. Tantaros has a background in crisis communications, and as recently as May 2011, she was vice president at Sloane & Co., which specializes in "crisis and litigation support."

Tantaros Has Vociferously Defended Cain And Dismissed And Mocked His Accusers

Tantaros: "Bob Threw A Candy Corn Down My Dress Yesterday, And I Didn't Sue." On Fox News'America's Newsroom, Tantaros laughed off the accusations against Cain, saying that her co-host Bob Beckel on Fox News' The Five "threw a candy corn" down her dress, and she "didn't sue." From Talking Points Memo:

"But if you believe Herman Cain, the story that he told Greta last night, it was such a small deal, it wasn't anything that was sexual harassment at all. So he's right on that. I mean Bob [Beckel] threw a candy corn down my dress yesterday, and I didn't sue." [Fox News,America's Newsroom, 11/1/11, via Talking Points Memo]

Tantaros On Cain's Response To Accusations: "Job Well Done. A-Plus" Following Cain's November 8 press conference, at which Cain denied the sexual harassment claims, Tantaros graded Cain's performance "A-plus" during the November 8 broadcast of The Five. From the show:

TANTAROS: Yeah, I would call this an extremely fierce counterpunch. It's something he should have done a while ago but nevertheless, this was the move he needed to make. I think he answered a lot of questions. He stayed with us for a very long time. I think that he hit back really hard.

And, you know, he kept repeating -- these are baseless allegations. He also stayed true to himself, that this is the Herman Cain brand. I'm coming directly to the people. And I thought the ending was one of the best parts, where he says, we have big major issues in this country, let's get back to them.

So, a job well done. A-plus. [Fox News, The Five, 11/8/11, via Media Matters]

Tantaros On Alleged Victim: "Two Words: Scam Artist." After one of Cain's media addresses about the allegations, Tantaros attacked one of his accusers as a "scam artist" with an "illegitimate child":

TANTAROS: I agree with Bob specifically to come out and name the Democratic Party, like naming Rick Perry, without any proof is not a wise move.

However, the way that the mainstream, left-leaning media has gone off with the same kind of - they're doing the same thing -- baseless accusations, that they have nothing to back up. Again, he's been shadowboxing from day one. Now, you have a woman, who if you look at her rap sheet, 14 years later, she all of a sudden cares about the country? Double bankruptcy, legal troubles --

KIMBERLY GUILFOYLE (co-host): This is Sharon Bialek.

TANTAROS: Yes. And illegitimate child. You know what that says to me? Two words: scam artist. [Fox News, The Five, 11/8/11, via Media Matters]

Tantaros: "At What Point Do Women Need To Take Some Responsibility? ... Why Have Dinner And Drinks With A Married Man In The First Place?" In her November 10 New York Daily Newscolumn, Tantaros wrote:

There are three sides to every story: his, hers and the truth. In the case of Herman Cain and the women making accusations against him, it's time we had an honest conversation about what constitutes harassment.

Let me be clear: I'm not saying that Cain isn't guilty of sexual misconduct that took place when he was the head of the National Restaurant Association in the late 1990s. But this scandal should have every woman asking: At what point do women need to take some responsibility?

[...]

One accuser, Sharon Bialek, said Cain allegedly groped her after she came to him for job advice 14 years ago. At a press conference with famed attorney Gloria Allred, who has made a career out of victimized women, Bialek claims she met Cain for dinner and drinks for career counseling. Then she allegedly rode with him in a car, where he tried to put his hand up her skirt, then moved her head toward his groin.

If it's true, it's horrible. And while the timing of her decision to go public does raise questions about her motivation, the real question is: Why have dinner and drinks with a married man in the first place? Why not meet him in his office if your purpose is strictly professional? [New York Daily News, 11/10/11]

Tantaros Is A Crisis Communications Expert

Tantaros Was Vice President At PR Firm Sloane & Co., Where She Specialized In "Crisis Communications." According to her FoxNews.com profile, Tantaros serves as vice president with Sloane & Co., where she specializes in "crisis communications, healthcare, and public affairs clients." Sloane & Co. describes itself as "an industry-leading strategic communications firm specializing in corporate and financial public relations" and "crisis and litigation support." A Nexis biographical search shows that Tantaros was listed as vice president at Sloane as recently as May 2011. [FoxNews.com, accessed 11/11/11; Sloane & Co., accessed 11/11/11; LexisNexis, accessed 11/11/11]

Tantaros Founded Media Company That "Provided Crisis Management And Media Strategy" To "Fortune 500 Companies And Political Campaigns." According to her bio on FoxNews.com, previous to working at Sloane, Tantaros "started Andrea Tantaros Media which provided crisis management and media strategy consulting Fortune 500 companies and political campaigns." [FoxNews.com, accessed 11/11/11]

Tantaros Previously Failed To Disclose Sloane & Co. Ties When Attacking Health Care Reform.In 2009, Tantaros repeatedly attacked the health care reform bill on Fox News, but failed to disclose her position at Sloane & Co., which listed Pfizer and Take Care Health Systems clinic among its clients at the time. [Media Matters, 2/3/10]

Right-Wing Media Attack, Dismiss Latest Cain Accuser

From Media Matters:

Right-wing media have responded to the latest allegation of sexual harassment against GOP presidential candidate Herman Cain by insulting, mocking, and dismissing the accuser, with Fox News' Dick Morris stating, "I look forward to her spread in Playboy." Since initial reports of sexual harassment allegations against Cain surfaced, right-wing media figures have responded by dismissing sexual harassment as "meaningless."

Fourth Woman Accuses Cain Of Sexual Harassment

Fourth Woman Accuses Cain Of Sexual Harassment. From a November 7 New York Times article:

Herman Cain said he would offer a formal defense Tuesday against allegations from a woman who said Mr. Cain made an unwanted and rough physical advance on her 14 years ago when he was the chief of the National Restaurant Association.

The woman, Sharon Bialek, said Monday that Mr. Cain had made the advance after she asked him for employment help in 1997 after being fired from the association's education foundation.

"There is not an ounce of truth in all of these accusations," Mr. Cain said in a jovial interview on "Jimmy Kimmel Live" on ABC, where the highly charged issue was discussed by the host in the mostly humorous terms typical of late night television. "That's why I'm willing to do a press conference tomorrow," Mr. Cain said, "to set the record straight."

[...]

After taking her out for a night on the town in Washington, [Bialek] said, he suggested she engage with him sexually in return for his assistance -- seizing her inappropriately when they were alone in a car and running his hand up her skirt.

"Mr. Cain said, 'You want a job, right?' " she said. [The New York Times, 11/7/11]

Right-Wing Media Respond By Attacking, Dismissing Accuser

Fox Nation: "Latest Cain Accuser Has A Chicago Smell." A November 8 Fox Nation post described Bialek, a native of Chicago, as having "a Chicago smell." The post linked to a Washington Times blog post detailing Bialek's ties to the city. [Fox Nation, 11/8/11] 

Dick Morris: "I Look Forward To [Bialek's] Spread In Playboy." During the November 7 edition of Fox News' Hannity, host Sean Hannity discussed the allegations with Fox News contributor Dick Morris. Hannity said: "This is 15 years ago. The woman did not work for the Restaurant Association. She comes forward at this moment. There really isn't any corroboration -- it's a he said, she said." Morris responded: "Well, this is ridiculous. ... This woman is in search of money. ... This woman has been unemployed for 13 years, and this is apparently payday. ... I look forward to her spread in Playboy." [Fox News, Hannity, 11/7/11, via Media Matters]

Morris: Bialek Is A "Gold Digger." On the November 7 edition of Fox Business' Lou Dobbs Tonight, Morris called Bialek a "gold digger" and her accusation against Cain "outlandish." [Fox Business, Lou Dobbs Tonight, 11/7/11, via Media Matters]

Hannity On Bialek: "There's Nothing Here. The Lady Didn't Even Work For The Company."During the November 7 edition of his radio program, Hannity said of Bialek's accusation: "There's nothing here. The lady didn't even work for the company." [Premiere Radio Networks, The Sean Hannity Show,11/7/11, via Media Matters]

Limbaugh: Gloria Allred Clarified Pronunciation Of Cain Accuser's Name: It's "Buy-A-Lick, As In [Slurping Sound] Buy-A-Lick." During the November 7 edition of his radio show, Rush Limbaugh described the pronunciation of Bialek's name by saying, "[It's] buy-a-lick, as in [slurping sound] buy-a-lick." [Premiere Radio Networks, The Rush Limbaugh Show, 11/7/11, via Media Matters]

NY Post Columnist: Cain Accuser Is "Shameless," "Gold Digger." In a November 8 New York Postcolumn titled, "Jobless & shameless gal going for gold," Andrea Peyser called Bialek a "gold digger" who "recounted with a broad grin the night back in 1997 when she flirted like a tart with the 'inspirational' Mr. Cain." [New York Post, 11/8/11]

Hannity Brands Sexual Harassment Allegations Against Cain: "Anatomy Of A Smear Campaign." On the November 7 edition of his Fox News show, Hannity reported on Bialek's accusations in a segment called, "Anatomy of a Smear Campaign":

M.C.L comment: Didn't Rush, Hannity and their clones on the right defended Paula Jones after she posed nude in the hardcore porno magazine "Penthouse" ? Amazing if you're a woman who accuse Democrats of sexual harassment those boys on the right will go to the wall and fight for you while overlooking your attempts to gain fame (cough Paula Jones getting naked for Penthouse and Monica Lewinsky who's willingly to tell anyone that would pay her she sucked Bill Clinton's dick).


But if you accuse a know nothing  douche like Herman Cain expect Sean Hannity to call you a liar, Rush Limbaugh to tell his audience of slack jaw drooling drones that you're trying to launch your Playboy career and expect low-level right-wing media wannabes to say nasty things about you and letting their unstable followers to know who you are and where you may work.