Disney’s Fight With DeSantis Is Great Entertainment, But The Company Is A Complicated Ally For Progressives

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.

The battle between The Walt Disney Co. and Florida Gov. Ron DeSantis over LGBTQ rights and whether those rights should be acknowledged — let alone taught — in schools has spurred an unlikely alliance between progressives and one of the world’s biggest entertainment companies.

Progressive groups such as The Human Rights Campaign have welcomed Disney to their cause, while progressive columnists at The Daily Beast and MSNBC have cheered Disney’s recent lawsuit against DeSantis. The suit, filed in April 2023, alleges that DeSantis violated the company’s free speech rights by retaliating against Disney for opposing a Florida education law that would prevent teachers from instructing early grades on LGBTQ issues.

DeSantis has decried Disney as a “woke” company and sought to punish the media conglomerate by stripping the company of its powers to control development in and around Disney World in Orlando.

While joining forces with corporations to achieve political ends can be advantageous, given their tremendous resources, it also poses risks for progressives, who may suffer setbacks when their principles no longer align with corporate profits. Just look at how quickly Bud Light backed away from a transgender social media influencer promoting the beer when conservatives threatened boycotts and sales slipped. Before the backlash, a top marketing executive had said the brand needed to become more inclusive; afterward Bud Light said it would focus marketing on sports and music.

I am a professor of political science who studies corporate political rights and the role corporations play in the public square. Disney v. DeSantis raises questions of how advocates of free speech and democracy should approach a situation when a corporation joins their side.

Power to persuade

Business interests have long tried to influence public policy, even before the landmark Supreme Court decision Citizens United v. FEC lifted restrictions on corporate spending on elections. Corporations spend billions of dollars each year to lobby Congress and billions more lobbying state legislators. They finance think tanks and foundations that promote their views and interests. They place “advertorials” in local newspapers’ op-ed pages.

Citizens United, decided in 2010, cemented corporations’ right to participate in politics. The high court ruled that political spending amounts to protected speech, and governments cannot infringe on corporations’ right to free speech by limiting the money companies can spend to influence voters through advertising and other means.

Progressives have blasted the decision for unleashing torrents of corporate cash that they say is corrupting the political system.

Ironically — at least for progressives — Disney’s lawsuit against DeSantis is based in part on Citizens United and the free speech rights it established for corporations. In the statement that caused trouble with DeSantis, Disney showed itself a reasonable partner for advocates of LGBTQ rights.

The statement went beyond just criticizing the legislation. Disney vowed to help overturn the law, which critics derided as “Don’t say gay.”

“Our goal as a company is for this law to be repealed by the legislature or struck down in the courts,” the company said in the statement. “We remain committed to supporting the national and state organizations working to achieve that.”

Disney has since demonstrated its willingness to use its resources and power to take on DeSantis over the issue of LGBTQ rights, including filing the lawsuit, which centers on Disney’s advocacy against the Florida law. In May, Disney canceled a $1 billion office project in Orlando that would have brought an estimated 2,000 jobs to Florida.

These actions show the extraordinary resources that corporations can bring to bear in support of political causes, and progressives have welcomed these resources in advancing their issues. For example, many progressives supported Major League Baseball when it moved its 2021 All-Star Game from Atlanta to protest Georgia’s restrictive voting laws and lauded two Atlanta-based companies, Coca-Cola and Delta Air Lines, for their support of MLB.

Politics and profits

But progressives’ efforts to harness the powers of global companies come with risks.

Corporations’ loyalties tend to lie with profits and shareholders, and the political principles that companies embrace may get quickly discarded when profits are threatened. The Vanguard Group’s retreat from the Net Zero Asset Managers initiative to reduce carbon emissions when it felt pressure from investors reveals this vulnerability.

Political alliances, of course, can shift as circumstances change. Sen. Lindsey Graham, Republican of South Carolina, branded candidate Donald Trump as a “race-baiting, xenophobic, religious bigot” in 2015 but became one of the former president’s staunchest supporters following Trump’s election in 2016.

Corporations are not unlike other players in the political sphere. As the previous examples show, most groups or people — whether businesses, advocates or political leaders — will pursue their own interests and adjust their positions to achieve them.

But because corporations are market-oriented, they can be even more inconsistent allies than is usually the case with politicians, parties and interest groups.

Target Corp., for example, altered some displays and merchandise promoting Pride month — the annual celebration of the LGBTQ community — after a backlash from some customers.

The graver danger comes if corporations take actions or positions inimical to those of their allies and turn corporate power and resources to positions contrary to the groups with which they are momentarily aligned. Thus, conservatives were staggered to learn that Chick-fil-A, a reliable supporter of conservative causes, hired a vice president of diversity, equity and inclusion. They even threatened to boycott the fast-food restaurant chain.

Progressives would be naive to reject the power and influence of corporations when their interests intersect, as they have in Disney v. DeSantis. They would be just as naive to assume that corporations would consistently support a cause or treat employees, customers or the communities in which they operate with fairness because of laudable positions on public policies.

Corporate interests — including profits, share prices, customer bases and employee relations — are the primary drivers of business decisions, not a commitment to the range of progressive issues from racial diversity to LGBTQ rights to climate change that critics deride as “wokeness.” So, while DeSantis and other conservatives may sound alarms about Disney and the rise of the “woke” corporation, in reality there may be no such thing.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

The Conversation

The New Evidence Against Donald Trump In The MAL Case Is BRUTAL

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Surprise!

With reporters clustered at the DC federal courthouse awaiting a possible Trump indictment in the Jan. 6 case, Special Counsel Jack Smith’s team dropped a new bombshell in Florida in the Mar-a-Lago case: a superseding indictment that adds new charges against Trump himself, co-defendant Walt Nauta, and a new third defendant.

Let’s run through the top points quickly:

  • The number of counts in the indictment swelled from 38 to 42.
  • Trump was hit with an additional charge of willful retention of national defense information (now 32 counts on that charge, up from 31) for the Iran war plan document he allegedly flaunted at Bedminster.
  • The new defendant, a MAL worker named Carlos De Oliveira was added to the existing conspiracy to obstruct justice count, so now all three defendants are charged in this count. In addition, De Oliveira gets his own false statements count.
  • All three men were charged under a new count of altering, destroying, mutilating or concealing an object.
  • All three men were charged under a new count of corruptly altering, destroying, mutilating or concealing an object.

The additional charges mostly have to do with a brazen alleged attempt to delete security camera footage at MAL after it was subpoenaed by a DC federal grand jury – and wow! The feds have the goods on Trump.

‘The Boss’ Was Directly Involved … Allegedly

The new evidence presented by prosecutors in the superseding Mar-a-Lago indictment is incredibly damaging for Trump – referred to at times by his employees simply as “the boss,” according to the indictment.

It alleges that Trump was directly in contact with Nauta and De Oliveira about deleting security footage at Mar-a-Lago that had been subpoenaed in the summer of 2022 by a federal grand jury in D.C.

A sample of some of the allegations of Trump’s direct involvement in the security footage deletion scheme (these separate excerpts cover multiple days of communications and aren’t intended as a timeline):

76. On June 23, 2022, at 8:46 p.m., TRUMP called DE OLIVEIRA and they spoke for approximately 24 minutes.

78. … At 3:44 p.m., NAUTA received a text message from a co-worker, Trump Employee 3, indicating that TRUMP wanted to see NAUTA.

87. At 3:55 p.m., TRUMP called DE OLIVEIRA and they spoke for approximately three and a half minutes.

91. … That same day, TRUMP called DE OLIVEIRA and told DE OLIVEIRA that TRUMP would get DE OLIVEIRA an attorney.

114. … TRUMP, NAUTA, and DE OLIVEIRA requested that Trump Employee 4 delete security camera footage at The Mar-a-Lago Club to prevent the footage from being provided to a federal grand jury.

A Straight Up Mob Boss

The choicest allegation, though, is the entirety of paragraph 91:

91. Just over two weeks after the FBI discovered classified documents in the Storage Room and TRUMP’s office, on August 26, 2022, NAUTA called Trump Employee 5 and said words to the effect of, “someone just wants to make sure Carlos is good.” In response, Trump Employee 5 told NAUTA that DE OLIVEIRA was loyal and that DE OLIVEIRA would not do anything to affect his relationship with TRUMP. That same day, at NAUTA’s request, Trump Employee 5 confirmed in a Signal chat group with NAUTA and the PAC Representative that DE OLIVEIRA was loyal. That same day, TRUMP called DE OLIVEIRA and told DE OLIVEIRA that TRUMP would get DE OLIVEIRA an attorney.

Marvel at a former U.S. president being less subtle than a fictional mafia godfather.

What’s Trump Smoking?

The superseding indictment was still fresh late Thursday when Special Counsel Jack Smith made another significant filing in the Mar-a-Lago case. Prosecutors renewed their motion for a protective order for the classified information in the case. You’ll recall U.S. District Judge Aileen Cannon denied their initial motion for a protective order and urged the parties to confer.

They have since conferred and get this: Trump’s remaining objection to the protective order is that it prohibits him from discussing classified information with his attorneys outside of a SCIF. Ol’ Trump wants to be able to talk about classified information in his homes!

Smith conceded one point: Trump can have the same access to the classified information in the case as his lawyers. But Smith is not conceding that Trump can openly discuss classified information in unsecured locations. It’ll be up to Cannon whether Trump can just willy nilly discuss classified information where he might be vulnerable to foreign espionage.

Indictment Watch

We got a new indictment Thursday, but it sure wasn’t the one we expected.

In the Jan. 6 case, we had what is likely the final prelude to a Trump indictment.

Trump lawyers Todd Blanche and John Lauro met Thursday with Special Counsel Jack Smith in Washington to make their pre-indictment pitch for why Trump shouldn’t be held criminally culpable for conspiring to overturn the 2020 election and remain in power unlawfully beyond the end of his constitutional term.

Meanwhile, the grand jury left the courthouse late in the afternoon, with no indictment forthcoming and a clerk telling reporters not to expect one before the end of the day.

We See You, Michigan!

  • Former Michigan GOP co-chair Meshawn Maddock has pleaded not guilty to eight state charges arising from the Trump 2020 fake electors scheme.
  • Former Michigan GOP gubernatorial candidate Ryan Kelley pleaded guilty to a misdemeanor count of entering and remaining on restricted grounds crime in connection with the Jan. 6 attack on the U.S. Capitol.

Don’t Forget About Georgia

The best guess on timing is that Atlanta District Attorney Fani Willis will begin presenting an election interference case to a grand jury no earlier than July 31. A glimpse of the new barriers installed around the courthouse in Atlanta:

Fun To Watch …

Even Donald Trump seems to be implicitly conceding that his war on early voting and voting by mail has had the counterproductive effect of suppressing Republican turnout: Now he’s on board with the RNC’s “Bank Your Vote” campaign.

McCarthy’s Impeachment Word Game

Speaker Kevin McCarthy (R-CA) wants to be really clear that when it comes to impeaching Joe Biden he’s tossing his right flank only a bone – in the form of an “impeachment inquiry” – not the full steak of an actual impeachment. TPM’s Emine Yücel digs into McCarthy’s week of word games.

It’s Complicated

Thanks to Biden industrial policy, a solar manufacturing boom is taking place in Rep. Marjorie Taylor Greene’s Georgia district. The Prospect takes a closer look.

Good One

TPM’s Kate Riga: House Republicans Are Quietly Using A Spending Bill To Pick An Extremely Specific DC Abortion Fight

Bucking The Freedom Caucus

WaPo:

Rep. Ken Buck (R-Colo.) has in recent months carved out something of a novel profile in the GOP. He’s sharply undercutting some of its central political efforts, and he’s doing so from the very segment of the party that has driven the party in that direction.

Elon Keeps Burnishing His Supervillain Rep

(Photo by Justin Sullivan/Getty Images)

Reuters:

About a decade ago, Tesla rigged the dashboard readouts in its electric cars to provide “rosy” projections of how far owners can drive before needing to recharge, a source told Reuters. The automaker last year became so inundated with driving-range complaints that it created a special team to cancel owners’ service appointments.

Who came up with this deception? “The directive to present the optimistic range estimates came from Tesla Chief Executive Elon Musk,” a source told Reuters.

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Superseding Indictment In MAL Case Adds New Charges Against Trump And A New Defendant

Special Counsel Jack Smith brought charges against an additional Mar-a-Lago employee on Thursday, bringing the number of those charged in Trump’s alleged attempt to retain national security records to three.

Continue reading “Superseding Indictment In MAL Case Adds New Charges Against Trump And A New Defendant”

Where Things Stand: There Are Layers To Team DeSantis’ Furious Response To Donalds’ Criticism

Just a few hours after we noted last night that Rep. Byron Donalds (R-FL), the only Black Republican in Florida’s congressional delegation, very softly criticized one line of Florida’s new Black history curriculum, Team DeSantis responded with outsized fury.

Continue reading “Where Things Stand: There Are Layers To Team DeSantis’ Furious Response To Donalds’ Criticism”

Impeachment Vs. Inquiry: McCarthy Plays A Word Game As Right-Flank Risks A Shutdown

House Speaker Kevin McCarthy (R-CA) is walking a fine line on Capitol Hill.

Continue reading “Impeachment Vs. Inquiry: McCarthy Plays A Word Game As Right-Flank Risks A Shutdown”

‘Rigged!’: Trump Tries To Have It Both Ways As He Boosts RNC’s ‘Ballot Harvesting’ Initiative

The Republican National Committee’s effort to pivot from spreading false conspiracy theories about mailed ballots, “ballot harvesting” and early voting to encouraging supporters to use these very techniques got a boost from the biggest election conspiracist of them all on Wednesday. 

Continue reading “‘Rigged!’: Trump Tries To Have It Both Ways As He Boosts RNC’s ‘Ballot Harvesting’ Initiative”

Maternal Deaths Are Expected To Rise Under Abortion Bans, But The Increase May Be Hard To Measure

This articles first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Since the Supreme Court overturned Roe v. Wade last year, doctors have warned that limiting abortion care will make pregnancy more dangerous in a country that already has the highest maternal mortality rate among industrialized nations.

The case of Mylissa Farmer, a Missouri woman, is one example. Last August, her water broke less than 18 weeks into her pregnancy, when her fetus was not viable. She was at risk for developing a life-threatening infection if she continued the pregnancy. Yet during three separate visits to emergency rooms, she was denied abortion care because her fetus still had a heartbeat. Doctors specifically cited the state’s new abortion law in her medical records and said they could not intervene until her condition worsened. She eventually traveled to Illinois for care.

Even for people who don’t develop sudden life-threatening complications, doctors note that carrying a pregnancy to term is inherently risky because rapid physical and hormonal changes can exacerbate chronic health conditions and trigger new complications. If more people are forced to continue unwanted pregnancies, there are bound to be more pregnancy-related deaths: A study by the University of Colorado estimates a 24% increase in maternal deaths if the United States bans abortion federally. They predicted the increase would be even higher for Black patients, at 39%. Currently, 14 states have total abortion bans.

Additionally, when abortion is illegal, it makes the procedure more dangerous for those who still try to terminate their pregnancies. The World Health Organization found that unsafe or illegal abortions account for up to 10% of maternal deaths worldwide.

As the United States enters its second post-Roe year, advocates say it’s important to gather data on the impact abortion bans are having on the health of pregnant people to help both policy makers and voters understand the life-or-death consequences of the restrictions. Without such accounting, they say, the public may remain ignorant of the toll. Maternal mortality rates would be a crucial gauge of impact.

Despite the stakes, experts say, at least in the short term, it may be difficult or impossible to track the number of lives lost due to limits on abortion access.

ProPublica spoke to four members of state maternal mortality review committees. Here are some of the challenges they see to drawing any clear conclusions from maternal mortality data in the near future.

The Data Can Be Inconsistent

Each state has its own system for compiling the data maternal mortality researchers work with. The quality of the data varies vastly by state. It can involve comparing birth and fetal death records, scanning through obituaries, and sometimes begging coroner’s offices to send death records. Many states are still working toward a complete system.

“It really depends on the rigor of the contributing entities,” said Dr. Michelle Owens, a maternal-fetal medicine specialist and the clinical chair for Mississippi’s maternal mortality review committee. “We rely so heavily upon the information we glean from these sources, and if that information is not as reliable … it will definitely have a negative impact on our work and understanding of what the contributing things may have been and what the gaps are.”

All the maternal mortality experts that ProPublica spoke with noted issues with the “pregnancy check box” used in death certificates to denote whether a patient was pregnant at the time of death or within the previous year. In Florida, Dr. Karen Harris, an OB-GYN and a member of Florida’s maternal mortality review committee, has observed the check box “overselect some patients who were never pregnant, or not pregnant in the last year, and it underselects patients who were pregnant.”

Sometimes the check box is wrong because of clerical errors, the researchers said. Other times, it’s simply not filled out because no autopsy was performed to verify whether the person was pregnant. That information could be important in measuring deaths that happen early in pregnancy — including murders. Homicide is a leading cause of death for pregnant or recently pregnant Americans, and researchers also would like to measure how abortion bans, which could force people in abusive relationships to carry unwanted pregnancies, affect those numbers.

Studying pregnancy-associated deaths within a year of pregnancy helps researchers account for any additional factors like substance abuse, unstable housing, suicide or mental health problems. These could be important in identifying deaths connected to continuing an undesired pregnancy.

The data can also be slow — some states, like Florida, provide data to the committee for the past year right away. But others are years behind. Currently, many states have only released data through 2019.

Records May Not Address Abortion Access

One of the thorniest questions facing maternal mortality experts: How can they determine if abortion access was a factor?

Dr. Lynlee Wolfe, an assistant professor at the University of Tennessee Medical Center and a member of the state’s maternal mortality review committee, wishes maternal mortality review reports could include a check box for the question, “Did inability to get an abortion play a role?”

“But you often can’t dig that out of notes,” she said. “I think what we’re asking is kind of an untrackable number.”

The experts said they could look into causes of death that may be linked to a patient’s inability to get an abortion when they’re having an emergency pregnancy complication: Sepsis, hemorrhage and heart issues, for example, are all worth studying to see if medical records might indicate if doctors delayed ending the pregnancy because the fetus still had a heartbeat.

But beyond that, when the pregnancy was unwanted or exacerbated broader health concerns, it could prove very difficult to determine if abortion access was a factor in the patient’s decision-making.

For example, if a patient had a heart condition that carried a 50% chance of death in pregnancy, researchers would like to see whether the patient was counseled about the risk and offered a termination.

But in a state that had criminalized abortion, “no one’s going to write that down,” said Harris, the Florida doctor. “So we won’t be able to know in the in-depth review if this was a patient choice — or if it was something that was forced upon her.”

Researchers might be able to learn more about the patient’s state of mind and whether the pregnancy was desired or not from interviews with family members and social service records, Owens, the Mississippi doctor, said. But there’s no guarantee they would have discussed their feelings about the pregnancy with family members either.

“With stigma and controversy surrounding conversations and considerations around abortions, people are hesitant to share those thoughts and feelings outside a very small circle of trust,” she said.

Risk of Political Interference

Maternal mortality review committees are funded by their states, and some are overseen by state legislatures.

The maternal mortality review members ProPublica spoke with said they did not anticipate interference with their report findings, even if they found examples where abortion access was a factor in a maternal death.

But some maternal care advocates worry such committees are vulnerable to political interference and manipulation. Last year, the Texas Department of State Health Services announced it was delaying its 2019 maternal mortality review report, originally scheduled for September 2022, until mid 2023.

Some saw the delay as a way to keep negative numbers out of the public eye during election season and postpone their release until after the 2023 legislative session had ended. A member of the review committee said she believed there was no legitimate need for the delay and that it was “dishonorably burying these women.” ProPublica reached out to the committee and the Texas health agency to ask about these concerns, but did not receive any response.

After pushback, the report was partially released in December 2022. It found persistent disparities affecting Black mothers and showed that the childbirth complication rate had risen 28% since 2018.

In July, Idaho disbanded its maternal mortality review committee, making it the only state without one. Lawmakers cited the costs of operating the committee — though members said operating costs were about $15,000 a year and covered by a federal grant. The decision came after a lobbying group argued that the committee was a “vehicle to promote more government intervention in health care” and opposed its recommendation to extend Medicaid coverage to mothers for 12 months postpartum.

The Sample Size Is Small

Maternal mortality rates in the U.S. are higher than in other wealthy countries and have been rising in recent years, so many resources are devoted to studying root causes of the trend and possible strategies for reversing it. But the actual number of deaths is statistically small: In 2021, the U.S. saw an estimated 32.9 deaths per 100,000 births, or 1,205 total pregnancy-related deaths, according to the Centers for Disease Control and Prevention.

This makes it difficult to draw conclusions that are rigorous by epidemiological standards, said Dr. Elliot Main, a Stanford professor and the former medical director for the California Maternal Quality Care Collaborative.

While researchers may learn of individual cases where it’s clear that abortion access was an issue in the patient’s outcome, it could take years to have a data set large enough to reveal a clear picture.

Main also pointed out that many other factors influence maternal mortality rates, which muddles the picture. “Maternal deaths are so rare and often complicated in their underlying causes,” he said. “If you see a trend over time, we have to break it down to see what’s really causing that.”

Before the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization struck down federal protections for abortion rights, U.S. maternal mortality rates were already rising. Influences include COVID-19, the opioid crisis and people having children at older ages, when they are at higher risk for complications. The U.S. also has long-standing racial and socioeconomic health care disparities affecting quality prenatal care — more than half of Georgia’s counties have no OB-GYN, for example. That can mean more patients go into pregnancy with undiagnosed health conditions and may be at higher risk for life-threatening complications.

Main and other researchers suggested that studying data on childbirth complications may provide more avenues for understanding the effects of abortion bans, because those are more common and would provide a larger data set to study.

Bans Don’t Prevent All Abortions

One reason the impact of Dobbs on maternal mortality rates could remain limited even in states that have banned abortion is that some people who want to terminate their pregnancy are still able to do so, either by traveling or by ordering abortion medication in the mail.

It’s impossible to know the full picture of how many are able to jump through the hoops and obtain abortions even when there are no legal options nearby. But WeCount, a research project led by the Society of Family Planning that has been collecting data from abortion providers, estimates that in the six months following Dobbs, about 35,000 people in abortion-ban states were able to get abortions in other states — just over half of the people estimated to have sought abortions in those states, based on numbers from the same time period the previous year. It’s unclear what happened to the other half. Some may have continued their pregnancies, others may have ordered abortion pills in the mail, which could be sent by organizations based in Europe and Mexico and not be recorded in any database.

Still, having to travel out of state to a limited number of abortion providers meant more patients were forced to wait until their second trimester, researchers said, when an abortion can be more complicated.

And while abortion pills are considered an exceedingly safe method of terminating a pregnancy through the first 10 weeks, according to the Food and Drug Administration and leading medical organizations, patients should still have the option to take them with the instruction and care of a medical provider, advocates say.

GOPers Hit Half-Drowned Ron with Their Paddles as He Struggles to Climb Back in the Campaign Boat

In today’s episode of the ongoing collapse of the DeSantis campaign, we have a new moment which we might see as the severed segments of Dead Bounce Ron roiling and twitching around, much like a worm that has been cut into pieces but continues to wiggle and move about almost as if nothing had happened. Yesterday in response to a question about ersatz candidate Robert F. Kennedy Jr., DeSantis said that while he wouldn’t choose Kennedy as his vice president, he would consider him to run the FDA or CDC.

This is of course a ridiculously inane suggestion. But the key is that it was immediately attacked even by many of DeSantis’s erstwhile allies or the kinds of Republicans he needs to gain the support of to remain in the race.

There are two issues to discuss.

Continue reading “GOPers Hit Half-Drowned Ron with Their Paddles as He Struggles to Climb Back in the Campaign Boat”

A Breaking Point

TPM Reader OM responds to my post on the running constitutional crisis in Israel …

One question you discuss is whether the protests are trying to block an elected gov’t from doing what it was elected to do. The campaign that Netanyahu and his far-right allies ran was focused heavily on two things: (1) soaring cost of living, and (2) rising crime, especially in the Arab sector of Israeli society. They promised to crack down on crime, return a sense of security, the usual thing right-wing parties promise. They said not a word about “judicial reform” (i.e., the anti democratic regime change). 

Continue reading “A Breaking Point”