This story would have already been newsworthy based on the fact that someone with Judge Andrew Napolitano’s legal background thinks asking people about their ethnic background is unconstitutional. Discussing the topic with Shepard Smith on “Studio B”, however, it seemed Shep was the one truly incensed by the US Census’ invasion of privacy, noting that “some of those same people who are going to bitch about” people like Napolitano have kept quiet about the census. Oops.
Napolitano’s argument is that asking for personal information like ethnic background is unconstitutional, in the sense that the Founding Fathers didn’t give the federal government the power to ask that specific question. Not only does Shepard Smith vehemently agree, he thinks the other side knows it, too, and gets a little too colorful in describing their criticisms. Loyal fans and cable news junkies will remember this isn’t the first time Shep involuntarily says something crass, and hilarious, on air.
Credit to Fox News for knowing its audience well enough to upload the video to their website under the headline “Are Some Census Questions Illegal?” (which is technically impossible since the census only asks two questions: vital stats and ethnicity).
Watch the clip below: