'Citizens United and Its Critics'

The Yale Law Journal has just published online an article by Floyd Abrams.  In language that is stirring in the power of its logic and elegance, yet solemn as a wake, the famed constitutional lawyer writes of his dismay over the way so many scholars and journalists have treated the Supreme Court’s decision in Citizens United, which largely overturned the law commonly called McCain-Feingold.

Abrams is neither surprised nor disappointed that these critics didn’t like the decision; his despair stems from their failure even to acknowledge the most obvious First Amendment aspects of the case.  They have, he says, treated the ruling “as a desecration.”

Many people will review this article narrowly, in that they will focus their comments, pro and con, on the law and facts of the case at issue.  But I view it from a wider perspective.  I think it’s one of the grandest examples in recent memory of the courage that’s required these days to defend and promote free speech even-handedly.

More than this, I think it guarantees, if any such were needed, that Floyd Abrams will go down in history as the greatest First Amendment champion of our era.

In part it has to do with the gentleman’s style.  Far from engaging the critics with language (like their own) that vilifies, Abrams flatters some of them for their scholarship.  Rather than retreat to the safety of quiescence or worse, he calls out even such as The New York Times, his client in the celebrated Pentagon Papers case.  And rather than indulge in any sort of self-pity, Abrams doesn’t even mention the scurrilous attack on him (because he wrote an amicus brief in opposition to McCain-Feingold) by Keith Olbermann, who predicted that Abrams “will go down in history as the Quisling of freedom of speech in this country.”

Summing up the essence of his argument, Abrams writes: “When I think of Citizens United, I think of Citizens United.  I think of the political documentary it produced, one designed to persuade the public to reject a candidate for the presidency.  And I ask myself a question: If that’s not what the First Amendment is about, what is?”

But enough of this.  Abrams’s piece is so powerful that nothing I say can embellish it.

Read it, and learn.
                                   
                
The opinions expressed above are those of the writer and not necessarily of The Media Institute, its Board, contributors, or advisory councils.

'The Ladykillers' and the Critics

It’s with great trepidation that I say something that may offend.  Let me apologize, in advance and profoundly, if that’s the case.  I know I’ll have to live with this for the rest of my life.  This said, here ’tis: I like blues and gospel music.  More than this, I prefer African-American blues and gospel music.

I don’t know why this is, but I’m pretty sure it isn’t because I’m biased against whites.  I think it could be because it sounds good.  Anyhow, I was powerfully reminded of this, and other things, when I caught AMC’s premiere last month of the remake of the 1950s British comedy classic, “The Ladykillers.”

Directed by the Coen brothers, Ethan and Joel, and starring Tom Hanks, the American version had its U.S. theatrical debut in 2004, and has since been dubbed “one of the best Tom Hanks films you’ve never seen.”

For those not familiar with the British version starring Alec Guinness, of which the Coens’ film is a “retelling,” “The Ladykillers” is the story of a band of ne'er-do-wells who, in the guise of a “classic music ensemble,” rent a basement flat that abuts the counting room of a nearby riverboat casino.  The group’s intention is to tunnel into the casino’s vault, under cover of the (recorded) sound of their instruments in practice.

So that’s the storyline.  But the point here isn’t so much to provide a review as it is to register a few paragraphs in criticism of how a film as good as this could go six years before most people had even heard of it.

A lot of the problem, I think, has to do with the reviewers.  Reading now what they wrote then raises the question: Who are these people?  Even accounting for the fact that their reviews were of the theatrical version, and not the edited one shown on AMC, it’s almost beyond belief that most were so negative and that virtually none of them even mentioned the music.

This omission is remarkable because “The Ladykillers” is filled, not just on the soundtrack but also on camera, by fabulous gospel singing.  Sung by such as the Soul Stirrers, Rose Stone (sister of Sly), The Venice Four, and the Abbot Kinney Lighthouse Choir, featured performances include rousing renditions of “Trouble of This World” and “Let the Light From the Lighthouse Shine on Me.”

Credit for the inclusion of these groups belongs to T-Bone Burnett, who was the music producer on “The Ladykillers” and also on the earlier Coen brothers’ production, “O Brother, Where Art Thou?”

Never mind for a minute the joy of seeing Tom Hanks as you’ve never seen him before, or a spot-on performance by Irma P. Hall; the music in this production is among its most prominent features, and for reviewers to have ignored it completely says much more about them than anything they have to say about the movie.

It’s always a risky thing to attempt a remake of a classic, but it’s made nearly impossible when, as here, the reviewers are tone deaf.

                                                           

The opinions expressed above are those of the writer and not necessarily of The Media Institute, its Board, contributors, or advisory councils.

Squirrels: They're Not Just for Breakfast Anymore

The lugubrious data just keep pouring in.  Despite interest rates at zero, the economy is barely moving.  Unemployment is high and seemingly intractable.  The national debt and federal deficit are at all-time highs.  States and municipalities are on the cusp of bankruptcy.  Housing prices are flat or declining.  And the price of gold, that uncaring indicator of calm or calamity, has now risen to a new high.  In the year 2000 it sold for $300 per ounce.  Last week it closed at $1,275.

It’s against this background that we can be grateful that there are journalists in our midst who have both the assignment and the knowledge to write informatively about our national travail.  I refer, of course, to financial journalists.

As mentioned in earlier posts, however, these  reporters are mainly to be found in business publications, or the “business” sections of general interest publications, and to that extent are walled off from the general public.  And the reason this is a problem is because most of today’s political reporters don’t know enough to write informatively about things economic.

There are, of course, opinion writers who have knowledge of such matters – Paul Krugman and Robert Samuelson come to mind – but the great need for those of us trying to understand the nature of our crisis, and the way forward, is for coverage of these issues by news reporters.

Today’s economic problems, after all, transcend the arcane worlds of finance and macroeconomics; they are the reason for the unprecedented fear and anger afoot in the land.  Indeed, they have led to the spontaneous creation of the powerful Tea Party movement.

Given the stakes in all of this, one would like to think that the mainstream news media would see the need for more reporters with economic backgrounds.  In the meantime, though, here’s a salute (listed alphabetically so as not to show favorites) to all those “ink-stained wretches” who ply their trade, in coverage of commerce and finance, at the following: Barron’s, Business Week, The Economist, Financial Times, Forbes, Fortune, Investor’s Business Daily, and The Wall Street Journal.

May all of you survive and prosper. The nation needs you more than ever.

                                                                           

The opinions expressed above are those of the writer and not necessarily of The Media Institute, its Board, contributors, or advisory councils.

Jane Mayer and the Brothers Koch

If your taste in journalism and politics runs to artless screeds and hatchet jobs, you might want to read Jane Mayer’s “Covert Operations,” published in the Aug. 30 issue of the New Yorker.  Having earlier pilloried such as Dick Cheney and Clarence Thomas, Mayer now does the remarkable – she pillories some more conservatives.

Her latest targets are the wealthy Koch brothers, Charles and David, who together run Koch Industries, the country’s second largest privately held corporation.  Make no mistake, it’s not their wealth that Mayer dislikes, it’s their politics.  This becomes clear (early on and without surcease thereafter) by the sources she quotes and by her strained attempt to brand the Kochs’ philanthropy as something not merely conservative (and therefore wrong) but venal and surreptitious as well.

But never mind.  Other people (as shown here and here) have already undertaken the easy job of deconstructing Mayer’s fable, and in any case, with their kind of money and influence the brothers Koch can take care of themselves.  The objection here is with something Mayer writes virtually in passing, not about the Kochs but about another politically active philanthropist, albeit one with very different political views – George Soros.

Here’s the offending text:

Of course, Democrats give money, too.  Their most prominent donor, the financier George Soros, runs a foundation, the Open Society Institute, that has spent as much as a hundred million dollars a year in America.  Soros has also made generous private contributions to various Democratic campaigns, including Obama’s.  But Michael Vachon, his spokesman, argued that Soros’s giving is transparent, and that “none of his contributions are in the service of his own economic interests.”  (Emphasis added.)

How many things are wrong with this paragraph?  Let’s count the ways.  First, there’s the very brevity of it.  Here we have what purports to be an expose of extraordinary and dangerous influence on the political process, and George Soros is treated to precisely 74 words – in an article that totals nearly 10,000.

The second problem is the false claim, unchallenged by Mayer, that Soros’s contributions are “transparent.”  As the head of an organization that every day has to contend with the misrepresentations and outright lies of one of the Open Society Institute’s grantees – Free Press – let me report that nothing could be further from the truth.  In fact, the amount and kind of Soros’s (and OSI’s) funding of groups like Free Press is unknown (and of no apparent interest to reporters, “investigative” or otherwise.)

There’s yet another problem with the quote attributed to Soros’s spokesman, namely, the assertion that none of his giving benefits his economic interests.  Not to put too fine a point on it, how would anyone know?  After all, the gentleman made his bones in international finance as a currency speculator.  And as recently as March of last year, in the middle of the recession, he was quoted as boasting that he was “having a very good crisis.”

Point being, of course, that hedge funds and other investors often profit by going “short” on securities as diverse as bonds, equities, commodities, and currencies.  In other words, it’s entirely possible, if he’s been making bearish bets, that Soros’s investments have been enhanced by his philanthropy, such have been the disastrous economic consequences of the public policies and politicians he supports.

This said, the thing that’s most wrongheaded about the paragraph at issue is the notion that people’s political views are suspect only when they’re (arguably) motivated by some economic interest.

This canard has been so widely circulated for so long it’s rarely challenged, but it should be.  This, because as anyone who has ever worked in policy circles knows well, those people who are the least objective and truthful are political activists, of whatever cause or political stripe, whose satisfactions come not so much from financial rewards as from the psychological satisfaction they gain as warriors in political crusades.

Consider, again, the example of Free Press.  This noxious organization, whose founders’ political views are in fact incompatible with a free press, makes much of the fact that it doesn’t receive funding from for-profit corporations.  But it gets lots of money from ideologically motivated groups like the Open Society Institute.

That this financial circumstance is treated by so many journalists as thereby absolving Free Press, and kindred organizations, from the kind of skepticism and scrutiny they visit on those that derive some or all of their funding from for-profit entities, amounts to a double standard of some considerable moment.  Because the fact is that, however much the Kochs and other businessmen may contribute to non-profit organizations, it’s a pittance compared to the kind of money provided to left-leaning organizations by the country’s major grant-making foundations.

And what’s the upshot of that?  If you’re a left-of-center activist you have a good chance of scoring big bucks from foundations with a keen political interest in your activities, and as a bonus you can go about your business free of worry that Jane Mayer, or some other reporter, will ever accuse you of being a mouthpiece for “vested interests.”

As in the title of the movie, it’s a wonderful life!

                                                           

The opinions expressed above are those of the writer and not necessarily of The Media Institute, its Board, contributors, or advisory councils.