Columns

Abortion laws show that public policy doesn’t always line up with public opinion

February 26 ,2026

Representational government rests on a simple idea: that the laws the nation lives under generally reflect what the public wants. In the United States, few issues test that idea more than abortion.
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Marlo Rossi
Rutgers University

(THE CONVERSATION) — Representational government rests on a simple idea: that the laws the nation lives under generally reflect what the public wants. In the United States, few issues test that idea more than abortion.

In 2022, the U.S. Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization that the Constitution does not guarantee a right to an abortion. The decision effectively overturned nearly 50 years of federally protected access to the procedure and returned primary authority over abortion policy to states.

Individual states now have the authority to enact permissive or restrictive abortion laws. These vary substantially, from near-total bans on the procedure – such as in Florida or Texas, where abortion is banned except in very limited circumstances – to guarantees of abortion access that are enshrined in state constitutions, including in California and Vermont.

Abortion serves as a clear example of how difficult it can be to translate public opinion into law. It is an issue where public views have remained relatively consistent over time, with the majority of the public supporting abortion rights according to polls. Still, laws have shifted dramatically from state to state and year to year.

As a researcher who studies the relationship between public opinion and state-level policy, I examine whether laws reflect the preferences of the American public. The dichotomy between abortion protections and restrictions suggests that this dynamic is often more complicated than many people might assume.

State legislatures, courts and election methods – and the interplay between them – all influence how public preferences are translated into law. Additionally, lobbying by well-connected interest groups that may represent a minority viewpoint can exert significant pressure on lawmakers, sometimes outweighing the desires of the broader public.

As a result, there is not always a direct line between what a majority of voters might want and the policies that are enacted.

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Where public opinion stands


Despite these broad policy differences, public opinion has remained relatively stable around the abortion issue since the 1970s. Sixty-three percent of Americans say abortion should be legal in all or most cases, compared with 36% who say it should be illegal in all or most cases, according to the Pew Research Center. In 34 states and the District of Columbia, more people say abortion should be legal than say it should be illegal.

Even in states with restrictive policies, opinion is often closely divided. In Utah, where abortion is banned after 18 weeks of pregnancy, public opinion is split nearly down the middle.

Support for abortion does vary by religion, age, education level, political views and gender. Eighty-six percent of religiously unaffiliated Americans say abortion should be legal in all or most cases, compared with 25% of white evangelical Protestants, for example.

Similar divides appear across other partisan or demographic groups. About 85% of those who lean Democratic say abortion should be legal in most cases, according to Pew, compared with about 41% of those who lean Republican. 
Differences also emerge by education, with college graduates more likely to support legal abortion than those without a college degree. More women than men support abortion access, although the difference is relatively minor – 64% of women, 61% of men.

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Abortion on the ballot


In response to the 2022 Dobbs decision, voters in multiple states turned to ballot initiatives, mostly to restore or affirm abortion rights. In 2024, voters in 10 states decided on abortion-related measures. Seven states passed measures to protect abortion rights: Arizona, Colorado, Maryland, Missouri, Montana, Nevada and New York. Measures to enact protections failed in Florida, Nebraska and South Dakota.

Ballot initiatives are one of the few ways Americans can directly shape policy, though the rules for their passage vary by state. Citizen-generated initiatives are only available in about half the states.

In states such as Arizona and California, simple majorities were able to approve their 2024 measures affirming abortion protections. That same year, 57% of Florida voters supported a similar measure to protect abortion access up to 24 weeks of pregnancy, but that did not meet the state’s 60% threshold for passage of initiatives.

Even in states where ballot initiatives have passed, translating voter preferences into policy is not always a straight line. In Missouri, for example, the state Supreme Court in May 2025 allowed preexisting restrictions to remain in effect while legal challenges to a 2024 abortion rights amendment continued. Because that amendment remains part of the state constitution, legislators have placed a new measure on the November 2026 ballot specifically to repeal those protections and reinstate a nearly total ban.

Seen in this context, the abortion issue represents not only a debate about access. It also offers a clear example of how representation works in practice.

The relationship between public opinion and policy is not always direct or immediate, but is shaped by the institutions and processes that define American democracy.

50 years ago, the Supreme Court broke campaign finance regulation

February 26 ,2026

(THE CONVERSATION) — In 2024, spending on federal elections totaled almost US$15 billion in the United States. The United Kingdom, in contrast, spent approximately $129 million on its 2024 parliamentary elections – less than 1% of 2024 U.S. spending – despite having a population one-fifth the size of the U.S.
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By John J. Martin
Quinnipiac University

(THE CONVERSATION) — In 2024, spending on federal elections totaled almost US$15 billion in the United States. The United Kingdom, in contrast, spent approximately $129 million on its 2024 parliamentary elections – less than 1% of 2024 U.S. spending – despite having a population one-fifth the size of the U.S.

Indeed, most other democratic countries spend only a fraction of what the U.S. does on their respective elections.

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Why do U.S. elections cost so much?


Many people may attribute the blame to Citizens United v. FEC, the 2010 U.S. Supreme Court case that struck down corporate spending limits in elections.

Yet the source runs much deeper, to a case that marked its 50th anniversary in early 2026: Buckley v. Valeo, a landmark case that established the modern framework for U.S. campaign finance regulation.

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Big money’s political influence


For most of U.S. history, political spending was an unregulated practice. In turn, big-moneyed interests wielded major influence over elections without any legal impediments.

In the early 20th century, however, Congress began implementing small measures to rein in unfettered campaign finance. In 1907, for instance, Congress passed the Tillman Act, which banned corporations from donating directly to candidates. By 1971, Congress had implemented the modern Federal Election Campaign Act, or FECA, which initially just included disclosure and disclaimer requirements for candidates.

Nevertheless, following the Water­gate scandal – which included bags of cash and campaign dirty tricks – Congress enacted the more comprehensive 1974 FECA Amend­ments to more effectively restrain big money in American politics.

The FECA Amendments instituted, among other things, dollar limits on the amount of money individuals and political committees could contribute to federal candidates. Similarly, it limited the amount of money individuals could independently expend to support the election or defeat of a federal candidate.

Almost immediately, a number of politicians and other parties filed suit – including U.S. Sen. James Buckley, a New York conservative; former U.S. senator and 1968 presidential candidate Eugene McCarthy, a Minnesota Democrat; and the New York Civil Liberties Union – to challenge the amendments’ constitutionality.

They argued that the new laws restricted First Amendment freedoms of political speech and expression. Their argument was straightforward: If I can’t spend as much as I want to support a candidate, I am unable to fully express my 
political views. The lawsuit ultimately ended up before the U.S. Supreme Court.

On Jan. 30, 1976, the Supreme Court issued its opinion. One of the lengthiest in U.S. history – 294 pages in total – the opinion took an axe to the FECA and effectively reduced federal campaign finance law to a patchwork of laws and rules 
resembling regulatory Swiss cheese.

In doing so, the court laid the groundwork for the development of the modern campaign finance system in the U.S.

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Money is speech

What did Buckley v. Valeo do?


For one, the court declared that limits on political contributions and expenditures, in fact, affect First Amendment interests. The court found limits on contributions to indirectly impact donors’ right of expression, the idea being that a contribution to a candidate acts as an expression of support for them.

Contribution limits can furthermore directly infringe on candidates’ speech rights if they are so low as to prevent the candidate from effectively campaigning, the court decided.

The court, meanwhile, found limits on political expenditures, such as spending money on a TV ad, to impose an even more direct constraint on speech rights. In the court’s words, such limits reduce “the quantity of expression by restricting the number of issues discussed, the depth of their exploration, and the size of the audience reached.” With this, the court embraced what its critics have dubbed the “money is speech” principle.

So whenever a law constrains political speech, the government must justify it via a “compelling” state interest. Thus came the court’s second major move via the Buckley decision: narrowly defining the government’s interest in regulating money in politics.

Specifically, the court recognized only one compelling state interest in restricting political spending: preventing quid pro quo corruption – the exchange of money for political favors. With this, the court outright rejected that the government had a serious, broader interest in promoting political equality, one of the driving forces behind the passage of the 1974 FECA Amendments.

Applying this framework, the court upheld federal limits on contributions to candidates because directly giving money to politicians carries a risk of quid pro quo.

In contrast, the court invalidated FECA’s limits on independently made political expenditures – expenditures made on a candidate’s behalf but not in coordination with the candidate. In the court’s view, if somebody spends money to support a candidate without coordinating with that candidate, no corruption concern exists – an assumption that remains widely disputed. Thus, Congress had no compelling interest to limit political advocacy via expenditures.

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Unlimited sums


While a product of 1970s lawmaking, the Buckley decision has played a major role in shaping modern U.S. politics. Its impact on how lawmakers can – and cannot – regulate money in politics endures today.

The most pronounced effect of Buckley has been the proliferation of spending by outside groups making those independent expenditures.

Buckley’s invalidation of independent-expenditure limits applied only to limits on individuals. But the Supreme Court has since extended Buckley’s logic to spending by organizations. In Citizens United in 2010, the court held that the government had no compelling interest in limiting independent expenditures made by entities such as corporations, unions or political action committees – PACs – that do not coordinate with candidates, known today as super PACs.

Shortly following the Citizens United decision, a federal appellate court applied Citizens United to strike down limits on contributions to super PACs, the idea being they could not engage in corruption if they were not coordinating with candidates.

Donors were now free to give unlimited sums of money to super PACs, which were free to spend unlimited sums of money to influence elections. Each passing election since then has seen untold super PAC spending, peaking at over $2.6 billion in 2024.

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Enter dark money


Super PACs are only one part of the modern political landscape, though.

Following Citizens United, donors realized that if they were to donate money to a super PAC, federal law would mandate the disclosure of that donation. Yet, federal law contained a loophole: shell companies – companies formed purely to preserve the anonymity of their makers – and 501(c)(4) nonprofits could donate money to super PACs without having to disclose who their money came from. Collectively, these became known as “dark money” groups.

Wealthy donors thus started giving money to these dark money groups as a vehicle to fund super PACs without detection. These groups have become a major force in election spending, accounting for an estimated $1.9 billion in 2024.

The Buckley decision has also led to the proliferation of self-funded candidates. The Supreme Court held that the government cannot limit self-funding because the risk of quid pro quo is nonexistent – again, a disputed assumption.

U.S. campaigns now feature multimillionaires and billionaires propelling themselves into electoral contention each election cycle simply by virtue of having a well-funded bank account. In 2024, 65 federal candidates spent at least $1 million of their own dollars on their campaign.

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Small limits, big spending


One area that still remains open to regulation post-Buckley is contributions to candidates, political parties or PACs.

Thus, contribution limits exist federally and in most states in some form.

Still, the government’s authority to cap contributions is not infinite. The Supreme Court has occasionally struck down certain states’ limits when they are deemed “too low.”

The court, moreover, invalidated in 2014 an aggregate limit on the amount a donor could contribute overall to candidates per election, reasoning that Buckley’s anti-corruption rationale could apply only to direct, one-to-one exchanges. 
Wealthy donors were thus free to donate to hundreds of candidates in an election cycle.

In 2025, the court heard a challenge to a federal law limiting how much political parties can spend in coordination with their nominees. Intended to prevent individuals from using parties as a means of circumventing individual-to-candidate contribution limits, the law has been on shaky ground for decades.

The court will issue a ruling on that challenge in the coming months. Whether the law is upheld or struck down, Buckley is guaranteed to play a major role in the decision.

Beatniks and hippies: Do they remain the same?

February 25 ,2026

These two groups, beatniks and hippies, have endured and/or have become resurrected! Then again, maybe they have never died out. Though these names have become faded in current literature, their essences remain embraced.
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By John F. Sase

These two groups, beatniks and hippies, have endured and/or have become resurrected! Then again, maybe they have never died out. Though these names have become faded in current literature, their essences remain embraced. From informal chats, I have recognized that the two traits live onward. However, they have maintained levels of higher education. Many have re-emerged as attorneys and economists, perhaps with greater subtlety in dress and hairstyle. Let us review and, to some degree, contrast these two identities.

Beatniks were more focused on artistic expression and intellectualism while hippies were more focused on peace, love, and communal living. While both groups have challenged the status quo in their own ways, hippies became much more of a cultural phenomenon than beatniks ever did.

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The history of beatniks


The term “beatnik” was first coined by journalist Herb Caen in 1958. He used it to describe the young bohemians of San Francisco’s North Beach neighborhood. These folks were often viewed as “rebels” and “nonconformists.” Beatniks tended to react in contrary to the somewhat jaded conformist culture of the 1950s. They tended to reject materialism to some degree while embracing alternative lifestyles that focused upon creativity, art, and music. Furthermore, many Beatniks embraced an interest in the philosophy and religion of the Eastern world. Though the beatnik “movement” was short-lived, it helped pave the way for the counterculture of the 1960s.

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The history of hippies


The so-named hippie subculture emerged in the United States during the early 1960s when many of us were entering secondary school. The word “hippie” came from hipster as it originally described beatniks in the San Francisco’s Haight-Ashbury district. At that time, they were recognized for an unconventional lifestyle, while advocating “peace, love, and harmony.”

This group enhanced an ability to experience a more intense spiritual connection with our universe. Some of this group formed communes where they lived together and shared everything equally, while others travelled as so-called nomads, travelling throughout America and beyond in search of new experiences.

This movement peaked in America with the “Summer of Love.” However, by the early 1970s, this dream began to fade as the counterculture became disillusioned during the war in Vietnam.

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Similarities between beatniks and hippies


Though beatniks of the 1950s and hippies of the 1960s seemed to be worlds apart, they shared quite a few similarities, such that the two groups identified themselves as countercultural, rejecting the mainstream values of their time. Both groups valued creative expression, experimentation, and rejection of materialism.

Beatniks and hippies both rejected much of mainstream society and its values. They preferred to embrace non-traditional lifestyles and creative expression. Both movements valued artistic expression, and their members often participated in creative activities such as writing, painting, and music-making. Furthermore, many in these groups began to openly reject conventional gender roles and sexual norms.

We may note that beatniks significantly influenced the later hippie movement. This led to  an increase in creative expression, individuality, and rejection of many of the then current mainstream values.

While the beatniks and hippies each embraced some different aesthetics and philosophies, they both shared common desires to create alternative lifestyles and ways of thinking. Both groups represented rejection of mainstream society along with their search for new forms of self-expression and freedom.

This culture of the 1960s and beyond represented both social and cultural movements that were largely driven by desire for change, freedom, and self-expression by a younger generation.

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Counterculture mainstreamed


Both the beatnik and the hippie movement grew in popularity, attracting increased attention through mainstream media along with the public in general. This mainstream culture embraced many counterculture ideas, music, and fashion. As a result, the hippie culture began to lose its somewhat unique identity. This led to a culture shift by many embracing its radical and subversive nature.

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Vietnam


Disillusionment followed the optimism and idealism of the transcendental culture waned. Many feared that the world had failed to change into better place.

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Drug abuse


Drug use became identified with the hippie culture. Many of this subculture became addicted to drugs and involved with drug-related crimes.

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Economic changes


In the late 1970s, the global economy experienced a significant downturn that led to high levels of unemployment and inflation. Many young people who had embraced the hippie culture found themselves struggling to find work or to afford the basics of life.

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Aging of the movement


As the hippie culture aged, many of its members began to move on and embrace other lifestyles. They became less interested in the counterculture and its ideals and began to focus on other aspects of their lives. 
The movement did not achieve all of its goals. However, it did significantly impact American society through an influence upon fashion, music, politics, and generally social norms.

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General definitions


Beatniks: 1950s; American writers and artists rejecting many mainstream values while embracing a counter-cultural lifestyle. The term Beatnik refers to specific groups of writers and artists.  As a more general term for those embracing non-conformity while rejecting mainstream culture and lifestyle.

Bohemian: Historically, this class originated in France during the early 1800s. It refers to those choosing to live unconventional and artistic lifestyles.

Bohemians, were/are a group of artists, musicians, and writers who have rejected traditional social norms to embrace a free-spirited lifestyle. They were/are known for their colorful clothing, flowing fabrics, and eclectic accessories, and were associated with the Bohemianism movement.

Generally, we use this term to describe persons who live somewhat unconventional and a somewhat artistic lifestyle. (Originally, the term described the Romani people, believed to have come from Bohemia, in the Czech Republic). In current years, bohemian continues to be associated with artists, writers, and musicians who might reject societal norms, quietly or loudly.

Typically, by this definition, they have become known through their free-spirited nature and focus on creativity and self-expression. In society, they may favor a simpler, authentic way of living. Generally, they have again become known for love of art, music, and literature, and other creativity.

Beatnik: More recently, a term originating in the 1950s that tends to describe counterculture intellectuals who reject ordinary societal norms and values. In our current age, they are known for unconventional lifestyles, which may include experimentation with jazz music, Eastern spirituality, and certain drugs. In 1958, Herb Caen, columnist for the San Francisco Chronicle, coined the term “beatnik” as a play on the word “Sputnik,” the name of the first artificial satellite.

The beat movement expressed a rejection of materialism and conformity, along with an embrace of individualism and creativity. Beatniks have been often associated with the Beat Generation of writers that included Jack Kerouac, Allen Ginsberg, and William S. Burroughs.

The beatniks were known for their unconventional fashion sense and love of jazz music, and many people credit the beatniks with paving the way for the hippie movement of the 1960s.

Generally, beatniks were a group of poets, writers, and artists who rejected mainstream culture and embraced non-conformity. They were known for their black turtlenecks, berets, and sunglasses, and were associated with the Beat Generation literary movement.

Confusing these two distinct subcultures can lead to misrepresentation and a lack of understanding of their unique histories and values.

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Dr. John F. Sase teaches Economics at Wayne State University and has practiced Forensic and Investigative Economics for twenty years. He earned a combined M.A. in Economics and an MBA at the University of Detroit, followed by a Ph.D. in Economics from Wayne State University. He is a graduate of the University of Detroit Jesuit High School (www.saseassociates.com).

Why ICE’s body camera policies make the videos unlikely to improve accountability and transparency

February 25 ,2026

Amid growing demands by Democrats to overhaul U.S. Immigration and Customs Enforcement after federal immigration officials killed two U.S. citizens in Minnesota, Secretary of Homeland Security Kristi Noem said in early February 2026 that agents in Minneapolis will be issued body-worn cameras.
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By Stephanie Lessing
UMass Boston


(THE CONVERSATION) — Amid growing demands by Democrats to overhaul U.S. Immigration and Customs Enforcement after federal immigration officials killed two U.S. citizens in Minnesota, Secretary of Homeland Security Kristi Noem said in early February 2026 that agents in Minneapolis will be issued body-worn cameras.

But can body cameras on federal officials provide the transparency and accountability the public is demanding from agents with ICE and U.S. Customs and Border Protection?

As a public policy scholar, I have analyzed the existing body-worn camera policy for ICE agents. And I’ve compared this policy to dozens of other state and local body camera policies, in an effort to investigate the rationales for their use.

Whether ICE’s body camera policy can provide transparency and accountability depends, I believe, on the policy itself and the enforcement of that policy. ICE’s use of body cameras could improve the agency’s legitimacy in the eyes of the public.

But as I’ve seen with other police body camera policies, there’s a risk that camera footage may obscure actual events. It’s also possible that the strategic release of footage may undermine transparency.

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Various body camera policies


Police body cameras were first used in the United States in 2012 by the Rialto Police Department in California. By 2020, their use had expanded to over 62% of local law enforcement agencies, covering 79% of local police officers nationwide.

That expansion was, in part, a response to growing criticism over stop-and-frisk tactics – in which police temporarily detain people for weapons searches when a crime is suspected – and police-involved shootings of people of color.

Body camera policies vary greatly between municipalities. Some policies make body cameras useful accountability tools, like those of Parker, Colorado, which uses cameras for evidence collection and ensuring officer adherence to policy rather than as surveillance technology.

Others, meanwhile, provide broad discretion for officers to choose when to activate their body cameras, such as Colorado Springs’ policy. Allowing officers to decide when to use their cameras can limit the availability of evidence.

I believe there are four crucial elements of a body camera policy that can ensure that ICE agents properly use the technology.

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Activation requirements


Body camera quality has improved over the past decade. But the battery life of many models prevents continuous recording throughout a 10-hour shift.

Instead, law enforcement officials often manually activate their body cameras. Thus, to effectively promote accountability, a strong policy would require ICE agents to activate their body cameras before they interact with the public.

A 2016 study found that, without mandatory camera-activation policies, officers often fail to activate their cameras.

The current ICE body-worn camera policy, issued in February 2025, lists enforcement activities that require recording. They include executing arrest warrants, frisks of individuals and “responding to public, unlawful/violent disturbances at ICE facilities.”

But the list does not include mandatory activation during vehicle pursuits or the transportation of people to detention facilities. Recording inside detention facilities is strictly prohibited by the policy.

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Deactivation requirements


As proposed by the Police Executive Research Forum, a nonprofit that promotes policing professionalism, body cameras must continue to record until an encounter with a member of the public has concluded and agents have left the scene.

The current ICE body-worn camera policy states that agents “should only deactivate the BWC when the scene is secure as determined by the supervisor or team leader.”

While robust policies, such as that of the Chicago Police Department, require continued recording during the transportation of detained people, the ICE body camera policy does not. This creates the potential for critical moments to go unrecorded.

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Facial recognition


Many body camera models come equipped with facial recognition technology. But many local police department policies prohibit its use due to privacy and surveillance concerns.

ICE uses facial recognition technology during immigration enforcement operations, but in 2020 lawmakers raised concerns that body camera facial recognition could dissuade citizens from protesting out of fear of retribution.

As protests against ICE immigration enforcement continue, it’s known that the agency uses facial recognition technology on peaceful protesters and observers. Existing ICE policy prevents the use of facial recognition on “live BWC recordings,” meaning while the interaction is taking place. Facial recognition is permitted on body camera footage after the interaction has concluded.

In early February 2026, Democratic lawmakers introduced a measure that would prohibit the use of facial recognition by ICE and CBP agents. That ban would extend to facial recognition features on body cameras.

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Policy compliance


Policy is only as strong as its enforcement.

Policymakers could consider strengthening submission forms for ICE use-of-force and civil rights violation complaints.

Thorough investigation of complaints and reviews of body camera footage could be handled by an external review board. The Office of the Inspector General, responsible for investigating allegations of excessive force by ICE agents, could also conduct reviews.

Body cameras will not deter violence committed by ICE agents unless policies clearly dictate their use. For body cameras to function as transparency and accountability tools, I believe wrongdoing would have to be swiftly and consistently penalized. This would highlight the consequences of noncompliance with body-worn camera policies.


When civil rights protesters are killed, some deaths – generally those of white people – resonate more

February 25 ,2026

Renee Good and Alex Pretti, two white Minneapolis residents killed in January 2026 by federal agents while protesting the Trump administration’s immigration policy, have become household names. National media outlets continue to focus on their deaths and the circumstances around them.
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By Aniko Bodroghkozy
University of Virginia


(THE CONVERSATION) — Renee Good and Alex Pretti, two white Minneapolis residents killed in January 2026 by federal agents while protesting the Trump administration’s immigration policy, have become household names. National media outlets continue to focus on their deaths and the circumstances around them.

Neither of them was the first person to be shot and killed by immigration enforcement officials over the past year. There have been numerous shootings and some deaths.

In September 2025, Silverio Villegas González was killed in Chicago under circumstances similar to Good’s death. Ruben Ray Martinez was shot multiple times by Immigration and Customs Enforcement agents in Texas in March 2025, but their involvement was not revealed until nearly a year later. Neither Martinez nor Villegas González has become a household name, and their deadly encounters with federal agents have not drawn nearly the same level of media attention as Good’s or Pretti’s.

As a media historian, I’ve been struck by the similarities between the media’s coverage of Minneapolis and its coverage of Selma, Alabama, in 1965, when voting rights protests led to violence that left three people dead, including two white victims.

I’ve written about the Selma campaign, as well as the media’s treatment of white female activists killed during racial justice protests, in my books “Equal Time: Television and the Civil Rights Movement” and “Making #Charlottesville: Media from Civil Rights to Unite the Right.”

These two events reveal that the deaths of white activists often draw and sustain far more attention than the deaths of Black or Latino people in similar contexts. But the Selma and Minneapolis events also show that male and female white activist victims aren’t necessarily treated the same way.

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Remembering Selma


Video footage of law enforcement beating and gassing marchers on Selma’s Edmund Pettus Bridge remains an iconic visual document of the Civil Rights Movement. John Lewis, who later became a congressman, was an activist at the head of the march on March 7, 1965, and was beaten in the head at the base of the bridge by Alabama state troopers. But he was not a household name in 1965, and media coverage at the time did not identify him.

Reporters also didn’t pay much attention to what had motivated the march: the killing of Black voting rights activist Jimmie Lee Jackson by an Alabama state trooper during a nighttime march a week earlier.

Still, the prime-time television broadcast of footage from “Bloody Sunday” at the Pettus Bridge shocked Americans, just as footage from Minneapolis has similarly distressed and disturbed many people today.

In 1965, a small number of white Americans from around the country, including numerous members of the clergy, descended on Selma to stand with the brutalized voting rights activists. They included James Reeb, a Unitarian minister from Massachusetts, and Viola Liuzzo, a wife and mother of five from Michigan.

Reeb, following a second aborted march across the Pettus Bridge two days after Bloody Sunday, was viciously beaten by a group of white racists and left lying on the ground, mortally wounded. His beating and subsequent death received plentiful media attention.

President Lyndon B. Johnson contacted Reeb’s widow. She gave media interviews about her husband. Johnson also extolled Reeb at the beginning of his joint address to Congress calling for robust voting rights legislation, four days after Reeb’s death. Johnson never mentioned Jackson’s death.

Liuzzo was ferrying people back to Selma from Montgomery on March 25 after the conclusion of the final, successful march to the state capital when a carload of Ku Klux Klansmen, one an FBI informant, chased her down and shot her through her car window. Her death received even more coverage than Reeb’s, keeping Selma in the news.

The Voting Rights Act passed five months later.

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Smearing the victim


So how does coverage of Reeb and Liuzzo echo the portrayals of Pretti and Good? And why does it matter?

Initial media treatment of Liuzzo focused on her status as a wife and mother. She was characterized as brave, putting the rights of others above her own. “Mrs. Liuzzo ‘Felt She Had to Help,’” was the headline of a New York Times profile.

Good’s status as a devoted mother and wife also characterized initial media reporting following her death. This kind of framing can often shield “nice white ladies,” as scholar Jessie Daniels has termed them, from the derogatory treatment that women of color have often endured in the public arena.

But in both cases, although separated by six decades, condemnation, disparagement and misogyny soon followed. Government officials, commentators and far-right forces framed these women and their activism in darker terms. Liuzzo was smeared by a KKK grand wizard who blamed her for her own death, saying, “If this woman was at home with her children where she belonged she wouldn’t have been in any jeopardy.” 

Liuzzo was falsely accused of having sexual relations with a Black man, thereby being characterized as a traitor to the white race.

This kind of racist vitriol might have stayed on the fringes, but FBI Director J. Edgar Hoover amplified the stories, while a Detroit police officer’s file on Liuzzo, which included highly personal information and speculation about her mental health, was shared with segregationist Sheriff Jim Clark of Selma.

The material ended up in The New York Times, and Liuzzo’s posthumous reputation was marred. When Ladies’ Home Journal polled its readers about Liuzzo, 55% responded that she should have stayed home with her children.

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Echoes of the past


Official government and law enforcement responses to Good’s death echo the Liuzzo case; in fact, the responses have arguably been magnified. Vice President JD Vance blamed Good for her own death, claiming it was a “tragedy of her own making.” President Donald Trump characterized her as “disorderly” and vicious. Homeland Security Secretary Kristi Noem and other administration officials labeled Good a domestic terrorist.

This attempt to influence the media’s framing of Renee Good clearly had an impact, since much of the early media coverage focused on questions about her actions and motives, with the New York Post derisively labeling her an “’ICE Watch’ ‘warrior’ who trained to resist feds before shooting,” before attention shifted to Pretti’s killing.

Good, like Liuzzo, was also derided as a race traitor, somehow betraying white Americans by supporting nonwhites. Podcaster Matt Walsh disparaged her for giving her life “to protect 68 IQ Somali scammers,” a smear that made its way into mainstream media, including its appearance in an opinion piece by The New York Times’ columnist David French that criticized inflammatory MAGA rhetoric.

Walsh and other right-wing commentators, along with comedian Ben Bankas, underscored Good’s sexuality to further demean her.

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It’s different for men


Men have been treated differently in both press coverage and political response. Reeb, a father of four, never faced the level of condemnation heaped on Liuzzo. Southern white segregationists certainly questioned the motives of the many clergy members who descended on Selma. Those sentiments, however, did not circulate much outside of segregationist press. Reeb’s status as a minister, along with being a white man, may have shielded his reputation.

Here’s where there are some similarities to the response to Pretti’s death. Initially, Trump administration officials brought out the same playbook they’d used with Good. Noem and Stephen Miller, the White House homeland security adviser, called Pretti a domestic terrorist. Greg Bovino, the leader of Operation Metro Surge in Minneapolis, along with a Homeland Security spokeswoman, claimed Pretti intended to “massacre law enforcement.”

Such charges quickly unraveled as media outlets questioned them. It helped that the video footage of Pretti’s killing was clearer than that of Good’s.

Like Good, Pretti became the target of vitriol in far-right media platforms. But little of that has gotten much purchase in mainstream media, just as the segregationist contempt for activist clergy members in Selma was not amplified.

Pretti’s status as a licensed gun owner who was exercising his Second Amendment right to bear arms, as well as his First Amendment rights to protest, may also have assisted his posthumous reputation. Right-wing critics who condemned a lesbian who was not adhering to a set of standards regarding femininity had a much harder time condemning a man licensed to carry a gun.

Liuzzo, Reeb, Good and Pretti all put their bodies on the line and made the ultimate sacrifice on behalf of vulnerable nonwhite people. Liuzzo and Good suffered significant character assassination that their male partners-in-protest avoided.

Whiteness may help bring massive media attention, but being a dead white woman doesn’t necessarily bring respectful treatment. For some, especially those who put their bodies on the line for nonwhite communities, they are just “AWFL,” the current right-wing acronym for “affluent, white, liberal women” who step out of bounds.


Why Stephen Colbert is right about the ‘equal time’ rule, despite warnings from the FCC

February 24 ,2026

Talk show host Stephen Colbert made headlines on Feb. 17, 2026, when he wrapped a network statement in a dog-waste bag and tossed it in the trash.
He did it live, while on air.
:  
Seth Ashley
Boise State University

(THE CONVERSATION) — Talk show host Stephen Colbert made headlines on Feb. 17, 2026, when he wrapped a network statement in a dog-waste bag and tossed it in the trash.

He did it live, while on air.

The move came after CBS lawyers reportedly told him he could not broadcast a scheduled interview with Democratic Texas Senate candidate James Talarico on his show, Late Night with Stephen Colbert. According to Colbert, the network warned him that broadcasting the interview could trigger the Federal Communications Commission’s equal time rule, which requires broadcasters to allow political candidates equal access to the nation’s airwaves.

CBS said it gave Colbert “legal guidance” that airing the segment could raise equal time concerns and suggested other options.

Colbert countered that in decades of late-night television, he could not find a single example of the rule being enforced against a talk show interview. He ultimately posted his Talarico interview on YouTube instead, where broadcasting rules don’t apply.

As a media scholar, I believe Colbert is right about the law. Congress has deliberately protected editorial discretion to prevent equal time rules from chilling political speech. And the FCC has extended this privilege to shows like his.

To understand why, you have to go back to 1959 and to a forgotten fight over the role of broadcasting in a democratic society.

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Amending ‘equal time’


Because the airwaves have been viewed as a scarce public resource, radio and television broadcasting have been regulated to balance the First Amendment rights of the press with public interest obligations. That includes the need to provide reasonable access to the airwaves for candidates for office – so citizens can hear what they have to say, whether in the form of paid advertising or unpaid news coverage.

After first appearing in the Radio Act of 1927, the equal time provision was codified in Section 315 of the Communications Act of 1934.

That law created the FCC and still governs the use of the nation’s airwaves today. It requires broadcast licensees to provide “equal opportunities” to legally qualified candidates in a given election if they allow one candidate to “use” their facilities. The requirement was intended to prevent broadcasters from favoring one candidate over another and to foster robust political debate that would serve the public interest.

But the statute did not clearly define what counted as a “use.”

That ambiguity was a known issue, but it came to a head in 1959, when Lar Daly, a fringe Chicago mayoral candidate, filed a complaint with the FCC. He argued that if stations aired news clips of his opponents – including the incumbent mayor – as part of their routine coverage, he was entitled to equal time on air.

The FCC agreed. And it created a ruling that meant even routine news coverage of a candidate could trigger equal time obligations.

Broadcasters immediately warned that the decision would make political journalism nearly impossible. If every news interview or campaign clip required providing comparable time to every rival – including minor or fringe candidates – stations would either have to book everyone or drastically scale back political coverage.

NBC president Robert Sarnoff issued a thinly veiled threat in a message that was not lost on politicians who would be affected by the change: “Unless the gag is lifted during the current session of the Congress, a major curtailment of television and radio political coverage in 1960 is inevitable.”

Later that year, Congress stepped in and amended Section 315 to create explicit exemptions for “bona fide” newscasts, news interviews, news documentaries and on-the-spot coverage of news events. As my colleague Tim P. Vos and I note in our research on the history of the amendment, Congress rejected calls to repeal equal time altogether.

Instead, lawmakers preserved the rule for candidate-sponsored advertising while shielding news programming. Persuaded by broadcasters, lawmakers determined that professional journalism, guided by norms of balance and fairness, would best serve democratic discourse.

In signing the 1959 legislation, President Dwight D. Eisenhower highlighted the “continuing obligation of broadcasters to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views on important public issues.”

Eisenhower concluded by appealing to the good intentions of the nation’s broadcasters: “There is no doubt in my mind that the American radio and television stations can be relied upon to carry out fairly and honestly the provisions of this Act without abuse or partiality to any individual, group, or party.”

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The talk show exemption


Over the decades, the FCC has interpreted the 1959 exemptions broadly.

Programs ranging from Meet the Press to The Jerry Springer Show to The Tonight Show and other interview-based broadcasts have been treated as “bona fide news interviews,” even when hosted by comedians. That’s why Colbert’s claim that there is no enforcement history against late-night talk shows is accurate.

It’s important to remember that equal time still applies in other contexts. If a candidate purchases or receives airtime for an advertisement, opponents are entitled to comparable access.

Equal time also applies to non-exempt entertainment programming, such as Saturday Night Live. Donald Trump’s hosting gig on SNL in November 2015 triggered an equal time request from four opposing primary candidates. And NBC obliged by providing a comparable amount of airtime for their campaign messages.

FCC Chairman Brendan Carr recently signaled he was considering eliminating the talk-show exemption, arguing that some programs are “motivated by partisan purposes.”

As of now, no legal change has occurred. And it seems to me that CBS has acted out of caution, responding to political and regulatory pressure rather than to an actual rule change. That makes this episode unusual: The equal time rule was perhaps applied indirectly, through corporate self-censorship, not through direct FCC enforcement.

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Why this moment matters


Either way, the Colbert incident highlights the growing restrictions on editorial independence during the second Trump administration – either imposed by government threat or corporate fear.

Whether through direct regulatory intervention or indirect corporate influence, this incident and others like it show an increased willingness to interfere with the editorial independence of media producers.

The dispute is part of what some critics view as an ongoing effort by the Trump administration to silence criticism. Trump is no fan of Colbert and has targeted comedians before.

CBS already announced in 2025 that Colbert’s show will be canceled in May 2026, leading many to suggest CBS was trying to appease Trump and his FCC, particularly ahead of a then-pending merger that required FCC approval.

The 1959 amendment that created the equal time exemption aimed to preserve editorial independence and protect free expression by limiting equal time claims and ensuring vibrant political discourse. The decision reflected a judgment that professional editorial discretion, not mandatory equivalence, best served citizens.

If the FCC alters the exemption, it would represent a major shift in U.S. media policy and would almost certainly face legal challenges. The government has an important role to play in promoting free expression and protecting free speech, but this is a good time to be wary of efforts to alter regulations to control content.