Britain Opts To Censor the Press

With its peerage and royals, Beefeaters and such, Britain in the 21st century sometimes seems like a large theme park, but its historical influence on the USA is clear.  From language to culture, and above all to law, what’s happened in Britain hasn’t stayed in Britain.

Which is precisely why that nation’s new press law, which creates by “royal charter” a speech-suppressing media “watchdog,” is so much to be rued.  Briefly stated, the watchdog will have the power to oblige participating media to post apologies and take complaints into arbitration, thereby creating a system of government regulation of the press that hasn’t happened there since 1695.

It is commonly said that the tracks that led to this train wreck were laid by the misbehavior of Britain’s tabloid newspapers, and there’s truth in that.  Caught in the act after years of hacking into private e-mail and phone calls, and bribing public officials, the tabloids acted outside the bounds not just of ethical journalism, but of the law.

But the better explanation for why the British have now endorsed regulation of the press (rather than relying just on the enforcement of criminal laws already on the books) is because that country has no First Amendment. That, and also because there (as here?) there exist large numbers of people who value political correctness, and political advantage, over freedom of speech.

Indeed, though the new press rules are said to have become inevitable given the failures of Britain’s (recently extinct) Press Complaints Commission (PCC), another way of looking at it is to say that the very existence of the PCC inadvertently cleared the way for the more intrusive regulations.

Some years ago there existed in the United States a National News Council (NNC), whose charter was similar to the PCC.  It failed to take root for many reasons, but perhaps most notably because the New York Times’ Abe Rosenthal wisely refused to cooperate with it.  Rosenthal’s concern was that the NNC would fail to satisfy press critics, and that some sort of government program would then be invited to succeed it.

The British have long been accustomed to a significant degree of governmental oversight of their broadcasting companies’ content through what is called Ofcom (Office of Communications), but until now the print media have been spared that oversight.

Though billed by its parliamentary sponsors as a voluntary arrangement, the terms of the new press regulation carry onerous potential liabilities, specifically including “exemplary damages” in court, for media companies that don’t join the quango.  This may even include some companies that are based elsewhere. Indeed, one of the most powerful criticisms – from such as the New York Times and the Committee To Protect Journalists – is that the regulation assumes authority over bloggers and websites, large and small, foreign and domestic.

“In an attempt to rein in its reckless tabloid newspapers,” said the New York Times, “Britain’s three main political parties this week agreed to impose unwieldy regulations on the news media that would chill free speech and threaten the survival of small publishers and Internet sites.”

But the most compelling and powerful criticism has come from The Spectator, the British publication said to be the oldest continuously published magazine in the English language.  As Nick Cohen wrote on March 18:

The regulator will cover “relevant publishers.”  If they do not pay for its services and submit to its fines and rulings … they could face exemplary damages in the courts.  It is not just the old (and dying) newspapers, which the state defines as “relevant publishers” but “websites containing news related material.”

What “news related” material can get you into trouble?  It turns out to be the essential debates of a free society.  Dangerous topics to write about include “news or information about current affairs” and “opinion about matters relating to the news or current affairs.”  Any free country should want the widest possible range of opinions about current affairs.  As of tonight, Britain does not. 

There will be a temptation among many in this country to look past what the British have done as nothing more than the antics, as someone once put it, of an exhausted stock; not to worry about anything similar happening here.  And there’s some truth in that.  Because of our First Amendment and strong case law in defense of it, such regulation is unlikely in this country.

But it’s worth remembering that this happened in Britain at the hands of parliament and that we too have a “parliament,” and regulatory agencies, and that, as in Britain, we have organizations, like the cynically misnamed Free Press, that are constantly pushing for an expansion of government oversight of the media.

Thanks to the Founding Fathers we have some additional protection against the kind of thing that’s just happened in Britain, but vigilance is required, now more than ever.

                                             

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  A version of this article titled "Keep U.K. media rules out of U.S." appeared in the print and online editions of USA Today on April 23, 2013, and can be viewed here.

DOL Reportedly Postponing New 'Lock-up' Policy

Published reports suggest that the Department of Labor is poised to delay implementation of a policy announced in April that would require reporters working in the DOL’s “lock-up” room to use government computers and transmission lines when writing stories about DOL reports and data as they’re released.  The proposed policy caused a flurry of criticism from media outlets and prompted a June 6 hearing by the House Oversight and Government Reform Committee.  DOL will announce a new start date this week, according to reports quoting an e-mail from DOL media specialist Carl Fillichio.

We’re glad to see that DOL is at least planning to postpone the policy.  Media Institute President Patrick Maines was an early and outspoken critic of this bureaucratic folly, questioning the wisdom of such a move in his May 7 post.

Let’s hope that any delay becomes permanent, and that this attempt to extend the government’s hand into reporters’ notebooks is forever banished to the dust heap of bad ideas. 

                              

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

On Growing Old(er)

Owing to a desire, after posting so many pieces about communications policy, to establish a more personal relationship with the five or six people who read this blog regularly, herewith a piece on something altogether different.

I speak, as do so many, about the phenomenon of aging, and about the dread “D’ word associated with it.  Have you ever noticed that, whatever their age, most people say that they’re “getting older” rather than that they are old?  They can be 80, or even 90, and still they describe themselves as getting older.  For such people old age is a destination never to be arrived at in their lifetimes, no matter how long they live.

I can relate to that.  I have reached an age where I’m made uncomfortable about surrendering my driver’s license to some youngster, especially the females.  Equally disturbing are those scroll-down date-of-birth features on so many websites.  By the time I get to mine, so far down the list, I often don’t even care anymore about whatever product or service required the information.

And there are other things.  Like doctors and doctoring.  When I was young, whatever ailments I had were always recognized, and treated, immediately.  Now that I’m (getting older), I find that my ailments are not only undiagnosable and untreatable; they cause, more often than not, the doctors’ eyes to glaze over upon hearing about them.  The impression one gets on such occasions is that they think you’re lucky to be alive, and should stop with the complaining.

Luckily for me, I look and act like a person who is 20 or 30 years younger than I am.  (Well, actually nobody has ever said that, but that’s the way I see it.)  And for this reason I have every expectation that, when I go to my reward (it should be so good), I’ll arrive there fresh as a daisy.

And speaking of death – the Great Oblivion, as it were – I have some ideas about that too.  It’s hard for many people to imagine the world without them, even as the world itself has no trouble at all, and in some cases positively relishes the thought.

But I have a different take on it.  Whereas most people believe death of the elderly is a consequence of cellular decay or disease, I incline to the view that, when you’ve reached a certain age, God (like your wife) is just tired of putting up with you.

So to wrap it all up, let me leave you with something that, though it has nothing at all to do with the subject at hand, is also worth sharing.  I refer to a quote by that other great man, Albert Einstein: “Gravitation cannot be held responsible,” he said, “for people falling in love.  How on earth can you explain in terms of chemistry and physics so important a biological phenomenon as first love?  Put your hand on a stove for a minute and it seems like an hour.  Sit with that special girl for an hour and it seems like a minute.  That’s relativity.”

                                  

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

 

Sugar and Spice

Every month or so, poll results that rankle are published by somebody.  A good example of the genre is the Gallup poll, published June 23, wherein it’s revealed that, by a more than two-to-one margin, men (young men especially) would prefer a boy child to a girl.

Gallup put the question this way: Suppose you could have only one child.  Would you prefer that it be a boy or a girl?  Men as a whole said they would prefer a boy, 49% to 22%, while young men (18 to 29 years old) favored a boy over a girl 54% to 27%!

Not for the first time, such results lead one to ask the question: Are you guys nuts?  Never mind that girls grow up to be women, among the most beautiful things in this world, even before then, as children and babies, girls are among the greatest treasures any man will ever find.

I know this first hand because, as the father of two girls, and the grandfather of four, I’m an expert on little girls (and big girls too).  When my younger daughter was two, and being held by her mother one night, she noticed faintly an image in her mother’s pupils, and told her she had “angels in her eyes.”  With her blond hair and pink nightgown it was an easy mistake to make, but the truth, of course, is that the angel was in her mother’s lap.

For men especially, girls of whatever age can provide a unique kind of refuge – to a calmer, less materialistic, and more nurturing place – that by their nature boys and men would otherwise experience only rarely.

None of this, of course, is to say anything negative about boys.  I have a grandson too. But the poll in question suggests that boys are already held in sufficiently high regard.

Gallup has been asking this question for 70 years, and the results in 2011 are little different from those in 1941, so if you’re a glass half-full kind of person you might be relieved that things haven’t gotten worse over time. But guys, please, if Gallup ever asks you this question, remember what Dave Barry said: “If a woman has to choose between catching a fly ball and saving an infant’s life, she will choose to save the infant’s life without even considering if there are men on base.”

                                 

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

Dodging a Bullet: The FCC's Report on the Future of the Media

Seventeen months ago the FCC teed up what until last Thursday was known as the “Future of Media” project.  For all practical purposes the project’s report, now called “The Information Needs of Communities,” is likely to be forgotten in half that time.

On the face of it this sounds like a criticism.  Far from it!  For its thoroughness and level-headed analysis, and especially for its acknowledgment of the constitutional limits on governmental involvement in the media, this report, and its principal personnel – most notably the man brought in to oversee the effort, Steven Waldman – are owed a debt of gratitude.

Before this project began there arose a powerful network comprised of ideologically motivated activist groups like Free Press; academic institutions and their publications, like Columbia University’s CJR; and deep-pocketed grant-giving groups, most importantly the Knight Foundation; all in the vanguard of what is euphemistically called the “media reform” movement.

And as Chairman Genachowski himself acknowledged, it was the work of these players – most notably the Knight Commission (a creation of the Knight Foundation, which two years earlier released a similarly titled report) that prompted the FCC’s own project.

So with this as its provenance, who would have been surprised if the report had embraced the media reform crowd’s recommendations?  But, mirabile dictu, it did not!  Instead, the report effectively dismisses the worst aspects of the media reformers’ governmental agenda.  Missing or explicitly rejected, for instance, are increased funding of public broadcasting, a “Geek Corps” for local democracy (patterned after AmeriCorps), federal tax credits for investigative journalism, and calls for a halt to media consolidation.

In fact, one of the few “action elements” in the report was a call for less government regulation.  As remarked by media reporter John Eggerton, the report “recommended scrapping the FCC’s ascertainment rules … as well as closing the localism proceeding without taking steps like creating community advisory boards to weigh in on public interest programming.”

There are those of us who believed that it was a mistake for the FCC to engage in this project at all – first out of conviction that the FCC had no authority to venture so far afield, and second out of fear that the report might provide the impetus for intrusive and unconstitutional regulations or legislation.  But in light of what the project report says, and doesn’t say, the feeling now is that some good will come of it.

After all, the “media reformers” will never have a better setup than they had here. With a Democratic majority on the Commission, a substantial infrastructure of activists and their financial enablers, and a media industry that is in fact struggling, if ever there were a time when the reformers’ wish lists might find policy traction this was it.  And now they have their reward: an exhaustive report that almost completely ignores that part of their agenda requiring governmental action.

During the Clinton era, many of the same kind of people who today support media reform helped man a presidential commission that came to be known as the Gore Commission.  Its focus was on the “public interest obligations of broadcasters in the digital age.”  And like the agenda of today’s media reformers, it encouraged government action in ways that undermined the First Amendment.

In the end, the Gore Commission produced its own report, a document that was as dense as it was feckless, and the whole enterprise sank from public consciousness almost immediately – as well it should have, since it produced nothing of value.  The guess here is that the FCC’s Information Needs of Communities report will also sink from public consciousness – not because it lacks value (its scholarship and usefulness as a research document are undeniable, for instance), but because it wisely steered clear of recommendations advanced by the more feral elements within the media reform community – people, for instance, like Commissioner Copps, a long-time spear carrier in that army, who immediately released an impassioned denunciation of the report.

Had the report endorsed radical (and preposterous) things, like a federal tax credit for investigative journalism, it would have attracted more ink, and been the subject of conversation far longer.  But it's a credit to its authors, and to Chairman Genachowski, that it did not do so, because it shows they possess both a realistic view of the scope of the FCC’s limited authority and a healthy respect for the First Amendment.

                                  

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

Political Reporters and the 'Dismal Science'

The story is told that five years after Hannibal’s victory at Cannae, with his troops camped outside the very gates of Rome, the Roman Senate auctioned off, at full price, the very ground upon which Hannibal was standing; perhaps the first example in history, given the Carthaginians’ subsequent retreat, of the market as a predictor of future political events.

More than 2,000 years later, the markets are still the best single predictor of political events, but you’d never know it if you get your clues about such things not from financial and economic data but from that breed of journalists called political reporters.

A couple years ago this was the subject of a blog called “What Do Political Reporters Know?”  The answer given to that question (little of value) is as true today as it was then, but more about that later.

First, let’s take a brief stroll down history lane.  For all the angst and surprise now being expressed by many about the state of the American economy, it’s not as though we couldn’t see some of this coming.  Indeed, many people (those who follow the markets) knew by election time, 2008, that the country was in great economic distress.  Some knew this even earlier.

And how did they know?  Let’s count the ways: They knew because commodity prices, especially oil and gold, were rising rapidly; that unemployment was rising and the dollar was falling; and that two of the most iconic names in American industry – General Motors and Chrysler – were petitioning the government for assistance to avoid bankruptcy.

They knew because in September of that year Lehman Brothers bellied up, the largest bankruptcy in U.S. history; and because, after peaking in 2006, house prices began a steep fall, such that by December 2008, the Case-Shiller home price index reported the largest price drop in its history.

All of this was known by people who follow the markets; this, and something else too: They knew that government at all levels – state, federal, and local – were running big and unsustainable deficits, tricked out with accounting gimmicks and featuring licentious borrowing, often to pay off unfunded liabilities.  In short, they knew that governments were running the same kind of game for which Bernie Madoff would later get a life sentence in the slammer.

Given that nobody had ever seen anything like this kind of economic maelstrom since the Great Depression (even as aspects of it – most notably, housing and unemployment – were to get vastly worse in the years following), and given too that this was occurring right in the middle of a presidential election, one would expect that historians reviewing the period would find that the “people’s sentinels” – political reporters – shined a bright light on the economy and its portents, and obliged the candidates for the presidency to do likewise, right?  Forget about it.

Not only did political reporters fail to oblige the presidential candidates to focus on the economy, they didn’t spend any quality time on the subject themselves. Instead, they treated the economy like a sideshow to the main event – the political horse race.

Now in fairness, it should probably be acknowledged that neither Barack Obama nor John McCain knew the first thing about the economy, and Obama’s only passionate comment about the matter – that he inherited the mess from President Bush – is not without some factual bases.

But none of this is to excuse the triviality and nonperformance, then and now, of the nation’s political reporters.  More importantly, the mere knowledge of reporters’ shortcomings isn’t enough to enable citizens generally to make smart and informed decisions about those economic and socio-political developments as will affect them personally down the road.

If, for instance, they wonder how they – or anyone without a defined-benefit pension plan – are going to be able to retire with interest rates near zero; or if they are concerned about the likely effect on crime and our civic culture of the impoverishment of millions of formerly middle-class people; or if they worry about the effect on their assets of further significant declines in the purchasing power of the dollar; or if, mindful of the growing might of a country like China, they are concerned about the future, including the future security, of their children or grandchildren; if, in other words, they are interested in things more serious than which political party is best spinning the misery, or likely to be awarded at the polls, then they need to begin to familiarize themselves with finance and economics.

There is no guarantee, of course, that a subscription to the Wall Street Journal, or any such, will make of you a veritable soothsayer.  But it’s a safe bet that if you follow the markets you’ll get a better handle on those things that matter than if you rely only on political reporters for your news of the world.

And there is my lesson for the day. That’ll be $50 (payable in silver bullion).

                                   

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

Orts and All

Can’t Miss TV

Comes now the news that Michael Moore, the merry propagandist, is joining Keith Olbermann on Al Gore’s Current TV, the legendary television network.  It’s practically a miracle!  Even now the crowds are queuing up to catch a glimpse of this dynamic duo.

One can only imagine the kind of material that, in collaboration, they may produce.  Perhaps an investigative report on the link between Citizens United, the Tea Party, and global warming.  Or maybe something even more intellectual, like a video essay on how the alleged indebtedness of the federal and state governments is just a rumor started by the gnomes of Zurich.

Whatever, isn’t it great to know that we live in a country where bombast and imbecility can have their day in the court of public opinion?  As they say in the ad – “mm, mm, good!”

Those ‘Public’ Airwaves

The Speaking Freely essay written by Erwin Krasnow, recently co-published by The Media Institute and The Thomas Jefferson Center, is striking in a number of ways, not least because its author is a former general counsel of the National Association of Broadcasters.  As such, Mr. Krasnow has known for years of broadcasting’s embrace of concepts like “scarcity” and the "public interest" standard as useful tools in re certain policy issues, like cable TV’s “must carry” obligations.

So how to get a handle on Krasnow’s call now for an end to such concepts, and to the notion that the public “owns” the airwaves?  Perhaps it’s the prospect of forced spectrum surrender, or maybe the notion that broadcasters are able these days to charge for their carriage by cable that explains it all.  Whatever, it will be interesting to see if, in days ahead, the NAB echoes some of Krasnow’s arguments.  For that matter, it would be interesting to know what those at NAB think of Krasnow’s essay, which has attracted rather a lot of attention.  Goes without saying that we at TMI would be more than happy to publish any such.

It’s the Gospel ('Jesus Dropped the Charges')

Doubling down on my earlier reckless confession of love for the blues and gospel music, herewith a link to a piece by the late O’Neil Twins.  (Yes, the title is amusing, but I’ll fight any man in the bar who says he doesn’t like the music.)  Check it out here.

Drudging Respect

Writing in The New York Times, David Carr has this to say about the extraordinary influence of the Drudge Report: “Yes, Mr. Drudge is a conservative ideologue whose site also serves as a crib sheet for the likes of Rush Limbaugh and Sean Hannity.  But if you believe that his huge traffic numbers are a byproduct of an ideologically motivated readership, consider that 15 percent of the traffic at Washington Post.com, which is not exactly a hotbed of Tea Party foment, comes from The Drudge Report.”

Say what?  Featuring, on its editorial pages, such as George Will, Charles Krauthammer, Jennifer Rubin, Robert Samuelson, Mark Thiessen, and Michael Gerson, the WAPO may not be a hotbed of “Tea Party foment,” but it is the source of a lot of conservative opinion of the sort that Drudge links to often.

Carr’s opinion to the contrary notwithstanding (and how many times do we have to say this?), the primary reason for Drudge’s success – as for the success of conservative talk radio and the Fox News Channel – is its political point of view, which is different from that of most of the MSM, and popular with a large number of people.  Sheesh!

                                   

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

 

The WHCD: 'Arianna Huffington Wore Nanette Lepore'

Online and off, the magazine called POLITICO sets the standard for political reporting in the U.S.A.  It doesn’t set the standard very high, mind you, but by its signature amalgamation of horse race journalism, rumor and innuendo, POLITICO represents a model of sorts for wannabe political reporters everywhere.

Thus it is that one dare not neglect to pay attention when the magazine focuses on Things That Really Matter … like, for instance, the White House Correspondents Dinner.

Once a year this affair provides a backdrop for every other political reporter’s fantasy: a stage on which all the people who count (stars and starlets, politicians and reporters) can rub elbows, see and be seen.

This year’s dinner, held just last weekend, was no exception.  Some examples, as chronicled in a few of the numerous stories in POLITICO:

“Star Strut – Scenes from the Red Carpet,” a “minute-by-minute” account of “the events leading up to DC’s biggest night,” complete with a photo of Bob Schieffer and a blond woman in a red dress.

“Seth Meyers Skewers DC,” on the “SNL” head writer’s remarks, wherein it’s revealed that “outgoing Commerce Secretary Gary Locke (soon to be ambassador to China) admitted to POLITICO that he’s been a huge fan of Meyers for years.” 

“What the Stars Wore” – “FLOTUS wears Halston to dinner.”  “On the red carpet, CBS’s Lara Logan, a very early arrival, wore cobalt blue Badgley Mischka." “Arianna Huffington wore Nanette Lepore.”  And Matthew Morrison (?) (I don’t know, you tell me) said: “I’m wearing Calvin Klein underwear.”

In other words, everything was perfect! The glamour, the wit, the very essence of it all.  Of course there are probably some cranks, mindful of those Americans who gave their lives last week in the Middle East, or of the millions more who are now facing the imminent prospect of abject poverty, who may be less than thrilled by the spectacle.

But hey, at a time when, according to a 2010 Gallup poll, mainstream journalists still outrank organized labor in the confidence people have in them, why worry, right?

                                    

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

One Toke Over the Line

I know the law won’t be forgivin’,
But that’ll be the choice I made,
I used to farm for a livin’,
And now I’m in the growin’ trade.
— Levon Helm/Larry Campbell, “Growin’ Trade”


California’s Proposition 19, formally known as the “Regulate, Control & Tax Cannabis Act,” was a ballot initiative that would have legalized diverse kinds of marijuana-related activities and permitted local governments to tax the sale of the drug.  Despite early poll results showing that a majority approved of the initiative, it was rejected by voters on election day last week, 54 to 46 percent.

Contrary to the prevailing meme that everything political in the United States is predictably conservative or liberal, red state or blue, the story of Prop 19 is the story, among other things, of unexpected alliances and media diversity, and proof that complex issues can be covered in ways that do justice to that fact.

Powerful arguments, both pro and con, can be and were made in the debate over the initiative.  Those who favored it argued that it would yield an important new source of revenue in a state that is on its financial uppers; that it would result in significant savings due to the smaller number of individuals incarcerated for marijuana-related offenses; and that it would do damage to the Mexican drug cartels that provide much of the marijuana used by Californians and others.

Those who were opposed to Proposition 19 argued that it would not yield the financial benefits advertised; that it would greatly increase marijuana consumption with concomitant ill effects all around; and that it was made unnecessary by the earlier passage, and signing into law, of S.B. 1449, which decriminalized the possession of less than an ounce of marijuana.

Further complicating the matter, and an aspect of the initiative used in argument by the opposition, is the fact that, whatever California law might be on the subject, federal law makes possession a crime, thereby conjuring up an image of California cops looking the other way as federal agents continue to make arrests in the state.

Which is just to say that much of the debate about Prop 19 turned on the perceived strengths and weaknesses of specific aspects of the initiative, rather than on the larger question of whether citizens could or should be allowed to grow and use marijuana at all – a perspective perhaps mooted by the fact that a great many Californians are growing and using even now.

As drafted, the initiative would have allowed Californians to cultivate, for their personal use, 25 square feet of marijuana in their back yards, but enforcement, regulation, and taxation would be left up to the state’s 478 cities and 58 counties.  What confusion might result, some wondered, when abutting jurisdictions had different laws and regulations?  If, for instance, the standard was 25 square feet in one town but 30 in another, might this not make matters confusing for law enforcement?  Not only would they need to know at all times the different marijuana laws of abutting jurisdictions, but in busting the perps they’d need tape measures as well as guns and handcuffs.  Or what about the guy who scoped out his marijuana garden while using the product, such that it came out not to 25 square feet but 25 square yards?  (Well, that dude could just kiss his sweet cannabis goodbye.)

So anyhow, in this as in other ways, it isn’t easy being a Californian.  Their difficulties were compounded not just by the complexities inherent in Prop 19, but also by the unfamiliar alliances. Much of the state’s Democratic Party organizations (and all of the Libertarian organizations) came out in support of the initiative, but all of the major party candidates for statewide office – Republican and Democrat – opposed it.  (Even in San Francisco, for instance, Nancy Pelosi opposed the measure, while her Republican opponent supported it.)

Happy to report, this strange-bedfellows phenomenon extended even to the state’s leading newspapers.  Though there were some, like the San Diego Union, which editorialized in familiar ways (“No to ganja madness”), there were many who took what might seem like unexpected positions on the subject.  The conservative Orange County Register, for instance, though never taking an official position on the initiative, twice ran editorials that clearly leaned in favor of Prop 19.

Meanwhile, the more liberal Los Angeles Times and San Francisco Chronicle, along with the Sacramento Bee and the Mercury News, came out in opposition to the measure.  In all events, though, the truly encouraging thing about the media coverage is the thoroughness of it.  Despite the many complexities and competing views, the state’s newspapers did a good job of providing their readers with a comprehensive understanding of the nature and potential consequences of the initiative, intended and unintended alike.

That the vote went the way it did is a subject about which honest people can disagree, but there is something deeply refreshing about media coverage of a complex issue in which journalists and editorialists provide a window on all points of view, and illuminate the best arguments of the competing parties.  Were that the standard practice with respect to media coverage of all complex issues, journalism would enjoy a spike in its reputation and the nation would be better served.

                                                 
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.

'Interest Groups' and the News Media

From the Pew Research Center/Project for Excellence in Journalism comes the welcome report that newspaper editors and TV news directors are not eager to be, or to be seen as being, wards of the state.  This wholesome sentiment will not come as a surprise to most people, but it has to be disconcerting to the “media reform” crowd, which has been clamoring for direct government subsidies or tax breaks for the news media.

According to the study, 75 percent of the respondents, drawn from the ranks of members of ASNE and RTDNA, had “serious reservations” about direct subsidies from the government, and approximately half had such concerns about tax credits for news organizations.  (Note: These figures do not indicate how many of the respondents had “reservations,” only those who had “serious reservations.”)

It’s in the matter of non-governmental support, of the sort that issues from “interest groups” or nonprofit organizations, that the picture becomes a little murky.  According to the report, a whopping 78 percent of the respondents had serious concerns about accepting donations from “interest groups that engage in advocacy of some kind,” while a little over half expressed either serious or “some” reservations about funds issuing from nonprofit foundations.

Buts what about those groups, like the investigative news organization ProPublica, that are funded and led by people with extensive, and clearly defined, political profiles?  Is ProPublica an advocacy group or just a nonprofit news group?  The question takes on a practical significance in light of the Pulitzer recently awarded to ProPublica and The New York Times for their collaboration on a piece published in the New York Times Magazine.

As reported here, the founder, chairman, and principal financial backer of ProPublica is billionaire Herbert Sandler.  Since selling his interest in the bank (Golden West Financial) through which he made his fortune, Herbert and his wife, Marion, have become big-time philanthropists, with substantial sums going to “progressive” organizations like the Center for American Progress and Acorn.

Along the way the Sandlers acquired an interest in bankrolling a news organization that would create “journalism in the public interest,” as ProPublica calls itself, and hired Paul Steiger, then the managing editor of the Wall Street Journal, to act as editor-in-chief.

As reported in The New York Times, Steiger, who was then nearing the WSJ’s mandatory retirement age, didn’t know the Sandlers well but regarded them as “civic-minded people who were kind of partial to lefty or progressive causes.”

From its inception in 2008, ProPublica has proclaimed its independence and impartiality — a claim that is undermined by its avowed goal of producing journalism that “shines a light on exploitation of the weak by the strong,” and by the looming presence of Mr. Sandler who, rather than donate his money as a lump sum and walk away, installed himself as chairman and is parceling out his contributions over time.

At a recent conference of the American Bar Association, the general manager of ProPublica who, like Mr. Steiger, was formerly with the Wall Street Journal, defended the organization against criticism of Mr. Sandler’s role by suggesting that ProPublica, like the WSJ, is capable of producing journalism that is independent of the political views of management.  Unfortunately, this is an inapt analogy.  In fact it’s worse than that — it positively undermines the argument it’s meant to buttress.

This, of course, because the reason that the Wall Street Journal, or any commercial news organization, can produce news stories that are not a reflection of the political views of management is because they, like all for-profit organizations, operate on the principle of maximizing returns to the shareholders, rather than as a forum for the expression of management’s political or ideological views.

But contrast this dynamic with the very different operating principle of ProPublica, or any nonprofit enterprise.  As Slate’s Jack Shafer asked at ProPublica’s launch, “What do the Sandlers want for their millions? ... How happy will they be if ProPublica gores their sacred Democratic cows?  Or takes the ‘wrong’ position on their pet projects: health, the environment, and civil liberties?”

In fairness, most of the reports produced by ProPublica to date do not suggest an organization that is marching in lockstep with the progressive agenda.  For the most part they are ideologically value free.  But that’s only half the story.  The real issue with a group like ProPublica is not the kind of issues it does cover but the kind it doesn’t.  As Jack Shafer asked, what kind of investigative pieces will ProPublica do — not counting the rare expose that proves the rule — that discomfit progressives?  That will be the true test of its independence from its benefactor, and of its suitability as a partnering organization with mainstream news organizations.

In the meantime, close your eyes and try to imagine the kind of reception that would have come to Paul Steiger and ProPublica if, instead of Mr. Sandler, the group's founder, chairman, and bankroller had been someone who, politically, was Mr. Sandler's polar opposite — someone who had supported conservative or libertarian causes and organizations.  How do you think that would have gone down with the J-schools, journalism reviews, and grant-giving foundations?

The American Samizdat

Back in the bad old days, “samizdat” was the name given to that body of politically forbidden literature that was clandestinely published and circulated in the Soviet Union.  In 2010, the Internet serves as an American samizdat, to the advantage of conservatives of one shade or another.

The Internet advantages “conservatives” more than “liberals” not because there are more or better conservative websites, but because of (1) the larger numbers of conservatives; and (2) the failure of the legacy media to portray conservative views and concerns.

No issue better illustrates this phenomenon than the extraordinary revelations of fraud and abuse in the “global warming” debate.  Despite the steadily growing number of Internet stories challenging the findings and practices of such as the IPCC and the East Anglia CRU, the mainstream U.S. media (the broadcast networks, newsweeklies, wire services, the Washington Post and New York Times) have shown little or no interest in these stories.

Instead, most of these news outlets continue to print or broadcast reports that are oblivious to the damage done in recent weeks to the claim of anthropogenic global warming (AGW).  And even where they have made mention of this development, they’ve often done so in a way that’s calculated to minimize the impact of the exposes.

A good example is the story published in the Washington Post by Julia Eilperin and David Farenthold.  Under the headline “Series of missteps by climate scientists threatens climate-change agenda,” the authors offer a perfunctory rundown of the many allegations that have recently been made against AGW literature, while repeating, mantra-like and in virtually every other paragraph, some variation on the claim of a scientific consensus that “climate change is happening.”

The contrast between this kind of coverage, or non-coverage, by the MSM, and the multitude of critical stories available on the Internet, many of them links to articles published in major British newspapers, is startling.  But news aggregators like the Drudge Report aren’t the only example of the way the Internet is empowering conservative voices re this and other issues.

The online comments sections of the MSM themselves are proving to be fertile soil for conservative opinion.  In fact, one sometimes wonders what the MSM’s reporters make of the comments that follow publication of their pieces online.  As of the time this piece is being written, for instance, the Eilperin/Farenthold story has attracted about 200 comments, perhaps 70 percent of them critical of the reporters for whitewashing, or failing to mention in sufficient detail, the “Climategate” revelations.

Other examples of the ways in which the American samizdat is facilitating right-of-center news and opinion can be seen in the widespread circulation of important stories similarly ignored until late in the news cycle, like the Acorn scandal, and more recently of exposes of the role of public employee unions in the deteriorating financial condition of so many states and municipalities.

There was a time, not so long ago, when news coverage by the MSM could set the agenda, and prosper, whatever its slant.  No more.  The issue today is how much longer the MSM will continue to practice center-left journalism in a center-right country.  At a time when their business models are in disarray, and the economy on its uppers, how long before the MSM come to believe that this is just bad business?

The MSM: In a Horse Race to Irrelevancy?

Perhaps because of their declining prospects, much of the mainstream media are acting very hinky these days.  On the one hand we have the spectacle of such as the Associated Press and Newsweek openly adopting opinion as their journalistic motif.  While on the other we see newspapers, like The New York Times and The Washington Post, awash in the kind of political reporting that reduces even the most important policy issues to the banalities of “horse race” journalism.

This latter development has become all the more insufferable in the current nightmarish environment, where every current and proposed law or regulation should be more carefully analyzed for its effect on the economy than for its impact on politicians and political parties.

Coverage of the health care debate has been singularly inadequate for precisely this reason.  For every news and feature story that has delved into the effects, say, of the “public option” or the “employer mandate,” a hundred have dwelt on the chances of legislative passage, or on the political winners and losers.

Comes now the leaked e-mail  messages from the Climatic Research Unit (CRU) of the University of East Anglia, just days before an important environmental summit in Copenhagen, and the question is whether the MSM, in the wake of it, will finally treat the subject of global warning with the care and objectivity that such a complex subject demands.

Even without so-called cap-and-trade legislation looming on the congressional horizon, the many national and international environmental laws that are now being implemented or considered require that global warming be closely scrutinized for its scientific findings, and for the impact and efficacy of any public policies as may be pursued in consequence.  The unseemly aspects of the CRU correspondence simply adds fuel to what should be a brightly burning subject even without it.

Consider, for instance, the critical linkages that have to be established and explained if “global warming” is to be understood by people generally (as distinguished from “warmists” or “skeptics”), as a subject they should care about.

First, it has to be clear that warming is happening, and that it is man-made, a subject about which there was, in fact, debate even before the CRU debacle.  Then it has to be determined that said warming is of such peril something needs to be done about it.  (Again, the subject of debate.)  Then, of course, it has to be shown that there is something that can be done about it.  And finally, we have to know that what we do won’t have negative consequences (like, for instance, on the economy) that are worse than the effects of the warming itself.

Seen in this way the opinions of climatologists are just one element, and not even the most important one, that needs to be considered and fully examined.  But is that happening in the coverage of this issue by the MSM?  Doesn’t look like it.  Instead, as with their coverage of health care reform, news stories about global warming tend to be either (1) preposterously opinionated, and wrapped in the familiar blather of political correctness, or (2) woefully superficial, a consequence of their horse-race aspects and focus not on substance but on the political sideshow.

Hardly a day goes by without someone, somewhere, lamenting the prospective demise of journalism, by which they mean, even if they don’t say so, what we have come to call the mainstream media – the broadcast networks, big-city papers, the newsweeklies, the wire services.  But as shown in their coverage of global warming and health care reform, today’s MSM appear to be adrift, and operating apart not only from their traditions, but also from what is in their own, and our, best interest.

Cross-posted in Huffington Post, here.

News and Opinion

It’s not often that a parenthetical aside is the most notable part of a speech or written document, but that’s exactly the case with an opinion piece published in today’s Washington Post by that paper’s columnist Robert Samuelson.

Writing, and brilliantly as always, about health care legislation, Samuelson takes The New York Times and The Washington Post to task not just for what he sees as their mistaken characterizations of this legislation, but for their inclusion of these mischaracterizations in the papers’ news pages.

Thus does his piece, titled “Obamacare: Buy Now, Pay Later,” contain these words: “[Obama’s] health care plan is not ‘comprehensive,’ as Obama and The New York Times (in its news columns) assert, because it slights cost control….  If new spending commitments worsen some future budget or financial crisis, Obama’s proposal certainly won’t qualify as 'reform,' as the president and The Washington Post (also in its news columns) call it.”

To fully appreciate the gravamen of this parenthetical charge, you have to appreciate the lengths to which newspaper editors will go to insulate themselves from charges of editorial bias, part and parcel of which being their frequent assertions that opinions are confined to the editorial and op-ed pages.

That this criticism issues from someone with such sterling journalistic credentials is also noteworthy.  Far from being an outside critic, Samuelson is very much a part of the journalistic establishment, and for him to fault the papers’ journalistic judgment — particularly when it was extraneous to the subject of his piece — is sure to be noted by his editors and colleagues.

Which is just to say that it was a brave thing he did, and something that he probably would not have done had he not been seriously exercised by the subject, and the papers’ treatment of it.

That frustration resonates in these parts because, like Samuelson, The Media Institute too is closely allied with media companies — most notably by the fact that they provide virtually all of our operating support — and yet we have felt the frequent need these days to be critical of their journalistic performance.

Many years ago I co-authored a content analysis of The New York Times and published the results in National Review.  The article was titled “Is It True What They Say About The New York Times?” and much to the dismay of many of NR’s readers, we found that the paper’s public affairs reporting, on its news pages, was balanced, and contrasted sharply with the opinions on the editorial and op-ed pages.

Hard to imagine anyone writing such a piece today, about the Times or the Post

Commissioner Michael Copps and Media Ownership

Owing to his earnest and mild-mannered (if intellectually scruffy) ways, FCC Commissioner Michael Copps has rarely inspired anger.  No matter how wrong-headed his views – and he’s been wrong about virtually everything for the whole of his time as a Commissioner – he’s been accorded that kind of tolerance that people bestow on those seen to be sincere and to mean well.

That’s about to change.  In the midst of the worst economy – and potentially fatal problems for that part of the economy occupied by American newspapers and broadcasters – Copps is saying and doing things that infuriate.

The most recent, and onerous, examples occurred just yesterday and today when, according to stories in Broadcasting & Cable, Copps demonstrated, yet again, how insulated he is from the world of fact and logic.

Presiding (alone) over an FCC workshop convened to hear the views of academics on the subject of media ownership on Monday, “Copps warned against putting too much stock in the doom and gloom scenarios about the health of TV and newspapers, suggesting that trying to ‘save’ the media should not translate to a lighter re-regulatory hand.”

Then today, at yet another workshop, Copps expressed the opinion (as reported by B&C) that “if the FCC can’t rejuvenate shuttered newsrooms, put the brakes on ‘mind-numbing "monoprogramming"’ and otherwise turn the tide ... of consolidation, then ‘maybe those who want the spectrum back have the better of the argument after all.’”

And so there you have it.  The parlous state of the TV and newspaper industries, according to Michael Copps, is nothing to be worried about.  It’s just a rumor.  No need to lighten the regulatory load.  In fact, if broadcasters don’t start programming the way Copps would like, maybe we’ll just take their spectrum away from them.

The series of workshops in question have one more day to run. Plenty of time, in other words, for Copps to give us the benefit of even more of this stuff.

Fox News and Its Critics

Criticism of the Fox News Channel by the Obama Administration is neither inexplicable nor unprecedented.  But the response to this flap by the press is all of that and then some.  From the near-total silence of most, to the blinkered and self-righteous response of a few, the affair casts an unflattering light on the mindset and pretenses of much of the Washington press corps.

Take, for instance, Jacob Weisberg (please).  Here’s a gentleman who, when not inflicting his shrill and politically marginal opinions on the three or four people who still read Newsweek, presides over Slate, an online magazine that counts, among its reporters and editors, precisely one (out of 57) who voted for John McCain in the last presidential election.

It’s with these credentials that Weisberg wrote the following on Oct. 17: “Whether the White House engages with Fox is a tactical political question.  Whether we journalists do so is an ethical one.  By appearing on Fox, reporters validate its propaganda values and help to undermine the role of legitimate news organizations.  Respected journalists ... should stop appearing on its programs.”

The very idea that “respected journalists” might advance journalistic ethics by ostracizing another media company solely because of the perspective that company brings to the news of the day — as though other news organizations were value-free vessels of the purest objectivity — is hundred-proof claptrap.  That this corrosive idea is the brainchild of a journalist says much more about him, and about journalists generally, than it does about the facts at issue.

Not to put too fine a point on it, the great disconnect in our national dialogue (and the reason for the popular success of Fox News) is that the press corps, and the journalism they produce, skew center-left in a country that is overwhelmingly center-right.  It is (fortunately) true, as Marxist and other leftist critics are wont to complain, that the media are to the right of them.  However, the media are most assuredly not to the right of the electorate, but to the left, and that’s a problem — first for the country, and also for media companies themselves.

Still, it’s one thing to have mainstream journalists who are out of sync with, and resented by, millions of people, and another thing entirely to have journalists who are unwilling to rally around a news organization under assault by this or any White House.  Worse still, of course, are those, like Weisberg, who actually join the assault and invite others to do likewise. 

The AP and Joshua Bernard

The decision made by the Associated Press to publish a photograph of a mortally wounded Marine in Afghanistan has been condemned by many, including the slain soldier’s family and Defense Secretary Robert Gates.

The photo itself is both horrifying and heart wrenching, as it shows Lance Corporal Joshua Bernard clinging to life as he lay in the mud, one leg completely severed and the other badly mangled, the result of a rocket-propelled grenade fired during a Taliban ambush.

Though the photo was taken on Aug. 14, the AP didn’t release it until Sept. 4, after the slain soldier’s burial, and after having shown several photos from the scene to Bernard’s family.

The view from here is that the AP did the right thing.  What, after all, do we imagine?  That when a U.S. soldier dies on foreign soil his passing is like that of a stateside family member, sedated against pain and surrounded by loved ones?

Lance Corporal Bernard paid a terrible price — the ultimate price — in service to his country, and for us not to be able to look his death in the face is not only cowardly and intellectually dishonest, it robs Bernard’s sacrifice of any meaning, as though he just wandered off peacefully somewhere, a quiescent statistic.

To express such an opinion is not to utter a single word either for or against the war in Afghanistan.  That is another issue.  Rather, the point here is that, when it comes to matters of life and death in direct consequence of government policy, we owe it to those in harm’s way, and to ourselves, not to sugar coat or sanitize the brutal results.

In recent months the AP has made some serious mistakes in judgment, most recently in the decision to distribute so-called “investigative news stories” paid for by nonprofit organizations with a political agenda.  But the decision to publish the photo of Joshua Bernard was not a mistake.  It was, instead, exactly right.

More on Newspapers and Aggregators

If newspapers ultimately survive, they might owe a debt of gratitude not only to Rupert Murdoch (as Patrick Maines suggested here recently), but also to two brothers who have combined their expertise in economics and the law to analyze the problem and come up with a potential solution.

As I wrote here earlier this month, online aggregators quite possibly could kill off newspapers by pirating the papers’ original news content.   Among the industry watchers who have studied this phenomenon are Daniel Marburger, Ph.D., a professor of economics at Arkansas State University, and his brother David Marburger, Esq., a partner at the Baker Hostetler law firm in Cleveland.   

The brothers have conducted an extensive analysis of both the economic and legal frameworks of the newspaper industry (print and online), and how these frameworks intertwine in the digital age.  In a number of papers and articles, the Marburgers have gone beyond the usual observations in two important ways: (1) They draw a distinction between “pure aggregators” and “parasitic aggregators”; and (2) they suggest a way of closing a loophole in copyright law that would seriously curtail the so-called parasites.

“Pure aggregators,” they say, use only a headline and maybe a sentence from the original news source, and then link back to that source (i.e., a newspaper website).  Pure aggregators are economically good for papers on balance because they drive readers to the newspapers’ websites.

“Parasitic aggregators,” on the other hand, take content from newspaper sites, rewrite it a bit, and then pass it off on their own sites.  These parasitic aggregators are bad because they retain readers rather than drive them to the newspapers’ sites.

In the Marburgers’ longest paper on the economic viability of newspapers, two section titles sum up the problem and its effect: “The federal copyright act allows parasitic aggregators to ‘free-ride’ on others’ substantial journalistic investments”; and “If the law does not change, newspapers continually will diminish their journalistic resources until they can subsist only by underproducing news or until they go out of business.”

The Marburgers’ solution would allow newspapers to seek redress for unfair competition under state statutory or common-law remedies for unjust enrichment – remedies that federal copyright law has in effect precluded since 1976.  They’re not suggesting a new law – just an amendment to Section 301 of the Copyright Act.

In this short space I am oversimplifying the Marburgers’ excellent analysis and recommendations – but I hope I can help draw attention to a thoughtful paper that is worthy of serious consideration and widespread recognition.   

Rupert Murdoch and the Future of Journalism

It's reported that Rupert Murdoch, chairman of News Corp., pledged last week that his company has plans to charge for the online news content of all its newspapers and television channels.  Though the announcement came with few details as to when the charges will commence or how they will be structured, the fact that it is Murdoch who is leading this campaign is hugely important.

This, because nobody is better equipped-- by background, influence, knowledge, or constitution--to attempt such a move.

One of the most telling examples of Murdoch’s shrewdness and tenacity was put on display in 1986 when, as chronicled by his biographer, William Shawcross, he broke the Fleet Street print unions that went on strike against his plans to modernize his newspapers’ printing processes.  Against all odds the striking union members, 6,000 strong, were obliged to surrender a year later after it transpired that the company had built and secretly equipped a new printing plant for all of its British newspapers in the London district of Wapping.

If News Corp.'s plans fail it will send shock waves throughout the industry, but if it succeeds — that is, if its titles can generate sufficient revenue from access fees and advertising — Murdoch will be owed an enormous debt by newspaper publishers here and abroad.  They won’t pay that debt, and some, like The New York Times, are unlikely even to acknowledge it, but it is certain that many will follow his lead, as Murdoch himself claims.

That he is very much on their minds even now is shown in a remarkable story published yesterday (Sunday) in The Observer, sister paper of The Guardian in the UK, one of Murdoch's biggest political and business adversaries.

The lead paragraph sums things up nicely: "Rupert  Murdoch is often cast as the villain of the newspaper trade, but having revitalized the Wall Street Journal and with his radical plans to charge for access to online papers, he could be the unlikely saviour of the beleaguered industry."

And what a relief that would be!  Because if professional journalism is to survive it will have to be paid for, and paid for handsomely.  And the only way to do that is by putting together a business plan that features at least two revenue streams.

Whatever the outcome, Murdoch’s plan provides a stark contrast with the naive and corrosive idea, entertained by some, that journalism can survive on a diet of investigative news stories issuing from nonprofits, "citizen journalism," and greater funding for public media.

Aggregating Newspapers Into Extinction

Hardly a day goes by without another reminder that the demise of newspapers is in full swing.
    
In the Outlook section of yesterday’s Washington Post (Sun., Aug. 2) came the latest, an anecdotal example by Post reporter Ian Shapira titled “How Gawker Ripped Off My Story & Why It’s Destroying Journalism.”  The title pretty much sums things up.
    
Gawker is, in Shapira’s words, “the snarky New York culture and media Web site.”  More importantly, it is a news aggregator, and it had written about and heavily excerpted an earlier story Shapira had written for the Post.
    
At first Shapira was glad for the recognition, until his editor reminded him that he, and the Post, had been ripped off.  Shapira had spent several days researching and writing his original story (and getting paid by the Post to do so).  Gawker repackaged his story in no more than an hour and posted it on its site – for free (or close to it, if you count the time of the poorly paid 29-year-old “independent contractor” who did it).
    
And therein lies the worst-case scenario for the destruction of journalism – which is to say, original reporting.  Newspapers are already being decimated financially by online media sites and blogs.  To the extent that any of these sites offers serious journalism, that journalism frequently consists of stories that have been ripped off, er, “aggregated,” from established newspapers.
    
But here’s the rub: As online aggregators continue to strangle the newspaper industry, they are killing the geese that have been laying their golden eggs – original reporting.  Once the newspapers are dead (or knocked senseless), from where will high-quality journalism originate?  How many online outlets will be able to pay real reporters the way newspapers did?  What will pass for journalism?
    
It’s already happening.  Buyouts have emptied newsrooms of many of their most experienced and knowledgeable reporters, leaving things in the hands of novices.  (A small example: An inexperienced reporter at the Post refers to the Obama inauguration train’s observation car as a “caboose,” and the editor doesn’t know the difference.)
    
Sadly, even the august New York Times is not immune.  A piece by the Times’ Public Editor Clark Hoyt on Aug 1. described how the paper of record’s appraisal of Walter Cronkite contained seven factual errors – something of a record, no doubt, and a feat unimaginable in an earlier era.
    
Yesterday I was sitting with a group of friends and one of them was reading the Sunday New York Times.  He asked me if I wanted to see it, and proffered a selection of unmistakably slim sections.  He added apologetically: “The Times isn’t what it used to be.”  No, my friend, it isn’t.  But neither are the rest of them.
    
I don’t know where all of this is going to end, but I do know that we’re well on the way.   

Dan Rather Has an Idea

According to stories in the Aspen Daily News and the Aspen Times, newspapers of record for the nation’s elite snowboarders, Dan Rather gave a speech at the Aspen Institute on Tuesday, asking that President Obama create a national commission to “save journalism.”

As one of the papers put it, without a skosh of irony, “Rather told an Aspen audience that journalism has declined to such a point that it is time for the government to intervene.”

Attributing the decline of "great American journalism" to “corporatization, politicization, and trivialization of the news,” Rather suggested that the commission “ought to make recommendations on saving journalism jobs and creating new business models to keep news organizations alive.”

"If we do nothing more than stand back and hope that innovation alone will solve this crisis," he said, "then our best-trained journalists will lose their jobs."

It’s not every day that one encounters such a rich vein of stuff.  Puts one in mind of the children's illustrations that ask the question, what’s wrong with this picture?  So many upside-down daffodils and trees growing carrots.

First, you know, there’s the problem that some consider the author of this scheme himself to be a disgraced figure in the world of journalism, having lost his job at CBS for the role he played in the airing of a bogus report about President Bush.

Then there’s the (unintentionally) droll picture he conjures up of a presidential commission as a kind of jobs program for the rescue of threadbare journalists, and the linking of the employment status of some of them with the very survival of journalism itself.  

But the most grievous error — that aspect of the Jabberwocky that fairly leaps off the page — is the very suggestion that government is the solution to what ails the media today.  Make no mistake, there are governmental policies that could, and should, be changed (like, for instance, an end to the newspaper/broadcast cross ownership rules), but there is no need for a presidential commission or “media czar” for the purpose.

One would think that a former network anchorman would understand the peril inherent in any intervention by the government into the affairs of the press.  It is this, after all, that is the primary concern of the Speech Clause of the First Amendment.  What are the chances, for instance, that any such commission would use its mandate, and the media’s genuine agony, as cover to advance content regulations that parallel the commissioners’ political beliefs?

Speaking of his idea, Rather said that he was “throwing it out there for what it’s worth.”  Since the Aspen Institute charged $15 per ticket to this event, we know what they think it was worth, but I think admission should have been free.  It wouldn't have improved the speech but the price would have been right.

With Friends Like These

Signs of institutional meltdown are everywhere apparent.  Wall Street and Detroit are obvious examples, as are the states of New York and California.  But nowhere is the collapse of standards and credibility more alarming than among journalists and their profession.

Evidence of journalism’s implosion is seen not only in the declining readership and viewership of the MSM, and in public opinion polls, but also in the recent antics of journalists themselves and of those grant-giving foundations that support journalism programs.

A lamentably good example of the latter was provided last week by the Knight Foundation -- the largest provider of funding for such programs at universities and nonprofit organizations -- and by the Associated Press.

In a release dated June 15, the AP announced that it was launching a project “to distribute watchdog and investigative journalism from nonprofit organizations to its 1,500 member newspapers.”  Two days earlier, the Knight Foundation announced a new $15-million program of grants to several investigative news organizations.  Among them are two that the AP plans to include in its distribution, the Center for Investigative Reporting and ProPublica.

These two announcements herald the birth of what would have been unthinkable in better times, the spectacle of an established news organization like AP accepting and distributing handouts from third parties.

Such an arrangement is, and would be, objectionable even if the “investigative news” organizations in question possessed the qualities of balance and objectivity.  But these don’t, and you don’t need to be an investigative reporter to figure that out.

Take, for example, the best funded of them, ProPublica.  From their own website comes this revealing statement about their mission: “Our work,” they say, “focuses exclusively on truly important stories, stories with ‘moral force.’  We do this by producing journalism that shines a light on exploitation of the weak by the strong and on the failures of those with power to vindicate the trust placed in them.”

What this suggests, of course, is that ProPublica is likely to have little or no interest in some of the worst aspects of public policy in the USA.  Things like the disastrous dependency on government, forged after decades of welfare programs, in America’s inner-city neighborhoods.  Or like the ruinous role played by public employees and their unions on state and municipal finance.  Or the impact on the cost and provision of health care by ambulance-chasing trial lawyers.

Just by their mission statement it’s clear that ProPublica’s heart wouldn’t be in doing these kinds of stories.  But that’s not the only evidence of the organization’s unfitness for the role being given it by the AP.  There’s also the small matter of its founder and largest benefactor.

Billionaire Herbert Sandler and his wife, Marion (they’re always mentioned together because of the role each played in the founding of Golden West Financial), have painted, through their contributions to Democratic and leftist organizations like the Center for American Progress and Acorn, an unmistakable ideological profile, leavened with a fair amount of hypocrisy.

As Jack Shafer of Slate put it, in a piece published shortly after the Sandlers founded ProPublica in 2007: “What do the Sandlers want for their millions?  Perhaps to return us to the days of the partisan press … ProPublica’s Web site vows that its investigations will be conducted in a ‘non-partisan and non-ideological manner, adhering to the strictest standards of journalistic impartiality.’  But philanthropists, especially those who earned the fortune they’re giving away, tend not to distribute their money with a blind eye to the results.  How happy will they be if ProPublica gores their sacred Democratic cows?  Or takes the ‘wrong’ position on their pet projects: health, the environment, and civil liberties?”

Providing an almost comic dimension to the Sandlers’ ambitions is the fact that earlier this year Time magazine named them to their list of the “25 people responsible for the financial crisis,” and "SNL" did a skit in ’08 in which it was suggested that they should be shot.

Looming over the whole of the Knight/AP exercise is the elephant in the room that is the public’s growing lack of trust in the media.  A piece written last month by Melik Kaylan for Forbes.com summarized that distrust as follows:

“The Reagan years also ushered in the distrust of the Eastern-seaboard intellectual elites.  President Reagan understood and exploited the great divide between the heartland and custodians of news, who were chiefly in New York.  The two sides saw two different Americas.  Journalists and the institutions that formed their ideas saw a country composed largely of wronged minorities with fascinating grievances.  Much of the country saw itself as a unified coherent nation with its traditions under siege from insular power blocs who were back-scratching each other all the way up and down the seaboards.  Out of that disconnect grew the success of Rush Limbaugh, Matt Drudge, Ann Coulter, Fox News, the blogosphere and the great decentralizing force of the alternative media."

By an ironic coincidence, on the same day that the AP came out with its announcement, the Gallup organization released the results of a new poll of Americans' ideological attitudes.  It found that conservatives outnumber liberals by a margin of 2 to 1.  More importantly it revealed that only 5 percent of the people consider themselves "very liberal," a designation that accurately describes the investigative nonprofits the AP and the Knight Foundation have now embraced.

Leave it to them to explain, as the media continue their march toward oblivion, how such a biased and shabby program will improve the public's trust in the mainstream media or in journalism.

Whither Journalism? Part II

If journalism of a satisfactory depth, independence, and scale is going to survive, it will have to be produced by professional journalists employed by profit-making organizations.  As such it will require revenue streams that are sufficient for the purpose.  As a practical matter this means that newspapers will have to find ways of getting paid for access to their online content.  Advertising by itself will not do the trick.

But given the growing number of bloggers, citizen journalists, and news aggregating sites who specialize in opinion pieces (RealClearPolitics, Huffington Post, Drudge) there is a real question of how professional journalists can distinguish themselves from the rest of their online competition.

The view from here is that the question answers itself.  Professional news organizations, newspapers especially, should rid their online news pages of opinion and concentrate instead on the production of news and feature stories that run deep and straight down the middle.

Unfortunately this is the precise opposite of what is in vogue today, with media organizations like Newsweek and even the Associated Press moving in the direction of more rather than less opinion in their news stories.  It’s a mistake.

Opinion is the cheapest commodity in the world, precisely because everybody has one.  No need for inside or expert sources, for special expertise in the subject matter, or even for any real writing ability.  Opinion gains recognition in direct proportion to the extravagance of its expression.  As such, opinion is the “killer app” not of newspapers but of the blogosphere, which is why a site as undistinguished as Daily Kos attracts such a large number of visitors.

The problem for newspapers is compounded when the opinions they express in their news and editorial pages are too one-sided politically.  To give one example, the New York Times, which is losing paid circulation at a ferocious pace, reads these days very much like a house organ in its support of the Democratic party and policies.

To believe that this is not spotted, and resented, by people who are, say, Republicans or conservatives, is an exercise in self-delusion.  Even if one wants to argue that Republicans and conservatives are not in the majority today, they represent a very large minority for any business needing to sell itself to the public at large.

In any case, the main point is that newspapers and other professional news organizations should concentrate on doing those things, like in-depth and objective coverage of domestic and foreign affairs, which neither the news aggregators nor the bloggers have the talent or resources to do themselves.

Whatever their future revenue streams — from advertising and micropayments or walled content — it’s going to be necessary for the “mainstream media” to finds ways of distinguishing themselves from their online competitors.  One way of doing that would be to practice first-rate journalism and rigorous objectivity in the reporting and analysis of the news.

Whither Journalism? Part I

As evidenced by recent hearings in the House and Senate, the future of journalism is attracting a lot of attention these days.  And why not?  Hardly a week goes by without news of the shutdown, bankruptcy reorganization, or downsizing of a daily newspaper somewhere.  And pretty much everyone seems to agree that newspapers are the “gold standard” among journalism organizations.

Journalists themselves have been dedicating large quantities of ink to the subject.  But like the witnesses at the congressional hearings, the prescriptions of journalists are as notable for what they don’t recommend as for what they do.

Actually, journalists aren’t recommending much of anything.  For the most part they content themselves with finger-wagging diatribes under headlines that read like draft obituaries.  Stories, for instance, like Howard Kurtz’s in the Washington Post (The Death of Print?) in which it’s argued that the blame belongs with the Internet and unimaginative and slow-footed management.  Or Frank Rich in the New York Times (The American Press on Suicide Watch), whose villain is an ungrateful public which “thinks nothing of spending money for texting or pornography” but is unwilling to shell out for … the opinions of Frank Rich?

And then, of course, there are the ideological opportunists, like John Nichols of The Nation (David Simon, Arianna Huffington and the Future of Journalism) who, true to his “class warrior” conceits, sums things up this way: “There will be time for the debate about solutions.  For now, it is not just useful but necessary to be clear about the cause of the crisis in journalism….  It wasn’t the Internet.  It wasn’t the current economic downturn.  It was a lousy ownership model that saw civic and democratic values replaced by the rapacious greed and commercial calculations of big media companies.”

Well, enough of this.  Let’s consider some solutions, and one very bad idea that is being offered up as a solution.

To take the bad idea first, the granting of nonprofit status to newspaper publishers makes no sense from either a journalistic or a business point of view.  Looked at journalistically, such a development would lead inexorably to challenges of these companies’ nonprofit status by governmental or private parties who would allege political partisanship.  Sooner or later these challenges would find traction, either in the courts, Congress, or in media boardrooms, thereby compromising the papers’ very reason for being.

As a business proposition, nonprofit status seems even more bizarre.  After all, the papers that are most notably failing today aren’t the work of mom-and-pop organizations.  They’re the products of the biggest companies in the industry, like Hearst, McClatchy, Gannett, and the Tribune Company -- all of which are not only private, for-profit companies, but publicly owned companies (save for Tribune) at that.  How would the shareholders (or creditors) of any of them fare in such an arrangement?

Blaming the messenger, and why not?

 

A program held at Rockefeller University last week—an Oxford-style debate on the subject of the financial crisis—inspires and dismays. It inspires because it demonstrates how much can be learned when knowledgeable people communicate honestly and intelligently, even where they disagree. It dismays because it contrasts so sharply with the quality of the stuff being served up on the subject by so much of the news media, political reporters in particular.

With funding from the Rosenkranz Foundation, the debate was sponsored by Intelligence Squared US, the stateside companion to a similar program in London, and featured six debaters, three on each side of the motion: “Blame Washington more than Wall Street for the financial crisis.”

Arguing in favor of the motion were Niall Ferguson, of Harvard; John Gordon Steele, of NPR; and Nouiriel Roubini, aka Dr.Doom. Arguing against the motion were Alex Berenson, of The New York Times; Jim Chanos, of Kynikos Associates; and attorney Nell Minow.

Not to put too fine a point on it, it is a better and more enlightening discussion of the “political economics” of our financial crisis than anything I have read in any of the news, Op-Ed, or feature stories produced by the Washington press corps. More than this, mirabile dictu, one comes away from the debate not only feeling better informed, but with a certain measure of affection for all the debaters! But don’t take my word for it, read the transcript here.

In a recent blog I lamented the report that Newsweek magazine was planning to become more of an opinion journal, thereby officially abandoning the journalistic concept of objectivity. For my pains I received an email from the head of a major Washington think tank, who wrote mockingly of the idea that this was something new. His point being that Newsweek had always practiced opinion journalism. In my reply I said that he might be right, but that there was a difference between giving lip service to an ideal, and abandoning it altogether.

I’m reminded of that exchange, and mention it here, because it shines a light on yet another dimension of our journalistic impoverishment. Our financial and economic crises are being poorly reported not just because so many political reporters know nothing about finance or economics, but because, in an age and an industry where opinion trumps fact, they don’t have to. They just have to put on display the right kind of opinions.

 

Truth Is No Longer Absolute Libel Defense

By guest blogger ASHLEY MESSENGER, Editorial Counsel to U.S. News & World Report, L.P., Washington, D.C.

The U.S. Court of Appeals for the First Circuit recently ruled in Noonan v. Staples, Inc. that truth is not necessarily a defense to a libel claim.  This is a troubling holding, as libel is generally defined as a false, defamatory statement.  

But Massachusetts has a law that allows a true statement to be the basis of a libel claim if the statement is made with “actual malice,” which the First Circuit interpreted as “ill will.”  The ruling appears to be predicated on the fact that the plaintiff, Alan Noonan, is a “private person” and the statement was not a “matter of public concern.”

It is undisputed that Alan Noonan was fired from Staples for violating the company’s expense policies.  A vice president sent an e-mail to Staples employees stating that Noonan was fired for failure to comply with expense policies and reminding employees of the importance of compliance.  The court allowed his claim to go forward to let a jury decide whether the statements were made with “ill will.”

But if a private person can sue for libel when a true statement is made with ill will, the courts will be flooded with victims of petty gossip and spiteful ex’s.  A cheating spouse, for example, would now have a libel claim if the aggrieved spouse vents to friends about the betrayal with “ill will.”

In addition, there is the policy matter of permitting a person to recover damages when their reputation is damaged with good cause.  If a spouse cheats and that true fact is disclosed, his or her reputation may be damaged, but justifiably damaged.  Do we truly want to permit people to be compensated for their own bad behavior?

Finally, there is a problem with the increasingly false distinction between matters of “public concern” and “private” things.  The value of hearing truthful information is the same reason reporters use anecdotes in newspaper stories.  It makes a situation more real when you can associate a name and specific event to an issue rather than relying on vague assertions of what might or might not have happened.  

In fact, if a reporter had used Noonan’s story as anecdotal evidence of why it is important to comply with company policies, it should have been deemed a matter of public concern.  The correct result, whether it’s a company or a reporter, is that all speakers should be protected by the First Amendment.

This post is adapted from a Media Institute  Perspectives issue paper by Ashley Messenger on this topic.  View the full paper here.

Ashley Messenger is Editorial Counsel to U.S. News & World Report, L.P., and an adjunct faculty member at American University School of Communication in Washington, D.C.  The opinions expressed herein are those of the author, and not of these institutions.

What Do Political Reporters Know?

One of the differences between, say, your everyday community organizers on the one hand, and investors on the other, is that while both have opinions, the investors have money.  Not only do they have some money, in a very practical sense they have all the money. 

This is an important thing to know these days because, as measured by the relative value of every asset class — from common stock to collectibles, real estate to commodities — investors of all sorts are making it clear by their actions that they are deeply worried about the future, and growing more so.

Many people, perhaps most, know this already.  They know it because they are among those who have already lost their jobs, or fear they soon will.  Or because they have seen the value of their 401K plans cut by half.  Or because they own houses whose value has declined so much they no longer have any equity in them.

Or perhaps they know it because they are avid consumers of the financial and business press; media outlets like Barron’s, the Wall Street Journal, Forbes, Fortune, the Economist, IBD, CNBC.

If, however, they are among the lucky few who have not been personally wounded by the current crisis, and get their news of the nation not from financial journalists but from political reporters online or off, stories reaching them of investor angst may seem like a kind of nasty and unwelcome rumor, like the warmongering of a distant and unimportant country.

And why wouldn’t it seem that way to someone munching solely on the crudites served up by our political journos?  Instead of digging into the facts of what the markets are saying, they offer up one story after another sourced by a political pollster or partisan strategist.

Rather than write about the substantive aspects of our financial and economic problems, they write about which party or politician is pulling from the gloom the greater number of political points.  In other words, they write about opinions — their own, those of the political class, and those of what are said to be the people.

One of the most durable sayings in the world of finance is that money goes where it’s treated best.  This isn’t a political statement, or an opinion, or a matter of manners and morals.  It’s a physical law, like gravity.

And where is money going right now?  It’s going into gold that costs more than $1,000 per ounce, and into short-term Treasuries that are paying less than inflation.  And what is that telling us?  It’s telling us that investors — professionals and amateurs, Republicans and Democrats — are scared to death and doubt, given what they know now, that our government is pursuing strategies that will help.

But don’t expect political reporters to tell you much about any of this.  They didn't do so last fall, when the economy might have been carefully examined in the context of the national elections, so why would they do so now?  They’ve got too many opinions to spin to get bogged down with something as dreary as facts.

And Now for Something Entirely Different...

In Washington, the lingua franca of policy discussions is "lobbyspeak," a form of communication that seeks, among other things, to conceal any hint of personal belief or interest.

The allure of lobbyspeak is that it allows the speaker to say things in a way that inoculates him from the risk that someone might denigrate his arguments as being just his own opinions, as contrasted, say, with positions derived from case law, or precedent, or that runaway favorite, the “public interest.”

Considered in the larger scheme of things, this is not the worst thing in the world.  Among the initiated, after all, it is easily spotted, and in some cases even appreciated -- like a risqué double entendre -- for its naughty cleverness.  But it can be, and often is, remarkably tiresome.

Which is why I write today to commend a speech given in Washington this week by the president of the Consumer Electronics Association, the people who host the annual Consumer Electronics Show in Las Vegas.  Lobbyspeak it was not.

As reported Tuesday in the headline of a Broadcasting & Cable story, "CEA president Gary Shapiro says media has 'failed' the country by poorly analyzing important stories," the speech excoriated the press for their insufficient attention to the substantive aspects of the recently enacted stimulus legislation, and our financial crisis generally.

In a town in which many, association executives particularly, are loathe to say anything that might upset anyone -- the press and policymakers especially -- Shapiro's speech before The Media Institute was stunningly different, and frank, and courageous.

Eating Their Seed Corn

From the New York Times comes word this week of big changes looming at one of the country’s oldest newsweeklies.  “Newsweek,” they say, “is planning a redesign and some shifts in content to fashion an opinionated take on events, aimed at a much smaller, and wealthier, readership.”

In truth it doesn’t come as a surprise.  In many ways it isn’t even news.  But it’s disappointing all the same to see one of the country’s mainstream media outlets consciously, and proudly, abandon the time-honored journalistic standard of objectivity.

Nobody’s going to run off and join the circus in consequence of this development because, as seen during last year’s election campaign, virtually all of the mainstream media have demonstrated an ability to abandon objectivity whenever it pleases them.

As mentioned here before, nowhere was this more lamentable than in the coverage of the presidential candidates’ take on economic issues.  When this point was made in an earlier blog, some people took it to be a partisan observation.  But it wasn’t, and isn’t.

Even if the media had done a credible, and objective, job of pressing both candidates on their plans for the economy, Obama would still have won.  Maybe even by a larger margin.  This, because no matter how little Obama may know about economics, John McCain knows even less.

But look how much better off we’d be if the press had challenged Obama to give more than lip service to these kinds of issues.  In addition to a better informed public, we might also have an economic stimulus plan that reflected more of the thinking of the president than of Nancy Pelosi and Harry Reid.

The political and societal ramifications aside, there is another downside to the media’s embrace of opinion over objectivity: It’s unlikely to work, online or off.

As evidence consider what one supposes is a model of future Newsweek reportage, a story by Jon Meacham and Evan Thomas.  Provocatively titled “We Are All Socialists Now,” the piece purports to document a profound shift in our collective view of the correct form of government.

What's striking about the article, however, is that it is about 90 percent opinion, with little or nothing of substance to it.  There’s no there there; nothing that informs, analyzes, or even segues.  Just a kind of fluffy amalgam of the pedestrian and superficial, in which most of the intellectual energy seems to have gone into the title.

A good exercise in times such as these is to ask oneself how much you would  be willing to pay for a thing if you had to pay to receive it.  The question can be asked of all kinds of things.  Were it asked of this Newsweek article, the guess here is that few people would offer to pay anything.

A few months ago a Microsoft executive gave a speech to some online publishers in London in which he said that publishers’ decisions to give their online content away for free had been a disastrous mistake.  And now we have the first, but undoubtedly not the last, of the mainstream media to openly embrace opinion journalism as a model for the future.

The question not yet answered is what – after they have surrendered first their content and then their journalistic patrimony – the media will do if all this fails to halt the slide?

A Refreshing Start (With a Hiccup)

By guest blogger BARBARA COCHRAN, president, Radio-Television News Directors Association, Washington, D.C.

Supporters of open government could hardly have asked for a better beginning to the Obama administration, when, as one of his first acts, the new president declared “the beginning of a new era of openness in our country” and signed documents reversing the secrecy policies that had been a hallmark of the Bush administration.

“Transparency and the rule of law will be touchstones of this presidency,” President Obama said at a meeting with his senior staff on his first full day in the White House.

Unfortunately, that promising start was marred within hours when still and video photographers were left out of the news media pool that was hastily summoned to cover Obama’s second taking of the oath of office.  The repeat performance was necessitated after Supreme Court Chief Justice John Roberts misspoke the words of the oath, which are prescribed in the Constitution, while administering the oath on Jan. 20.

The Radio-Television News Directors Association has joined with other media organizations and advocates of open government to seek more transparency from the new administration.  Obama signaled his intentions in his Inaugural Address when he called on those in government to “do our business in the light of day – because only then can we restore the vital trust between a people and their government.”

In the Presidential Memorandum on Transparency and Open Government and the Presidential Memorandum on the Freedom of Information Act, the president ordered all government agencies to operate under principles of openness and to release information to citizens whenever possible.

This directly counters the policy initiated by Bush’s first attorney general, John Ashcroft, who encouraged agencies to withhold information if there were any plausible reason and offered the full backing of the Justice Department to resist information requests.  After 9/11, the Bush administration created new categories of information that could be withheld and removed thousands of pages of government records from Internet access.

Obama also moved to free up information about his presidency or past presidencies by issuing the Executive Order on Presidential Records, which allows no one but the president to assert executive privilege to withhold documents.  He said he would consult legal counsel before any final decision to withhold information.

“Information will not be withheld just because I say so,” Obama said.  “It will be withheld because a separate authority believes it is well founded in the Constitution.”    

Nor has this been the only piece of encouraging news as the new administration takes shape.  In testimony during his confirmation hearing, Attorney General-designate Eric Holder breathed new life into hopes for a federal reporters’ shield law to protect journalists from being forced to disclose their confidential sources.

Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) asked Holder about his position on the shield bill, which was opposed by the Bush Justice Department.  Holder said he favors “the concept of a shield law” and would support “a carefully crafted law” that gives the Justice Department “the capacity to protect national security and to prosecute any leaks in intelligence that may occur.”

Holder’s comments were not a full-throated endorsement, but at least he left the door open to working on new legislation.  The last efforts failed when the bill never came to the Senate floor in the 2007-2008 session of Congress.

The previous bill included protections for national security concerns.  Now media groups, including RTNDA, want a law that will cover unpublished information, such as video outtakes, and protect bloggers who regularly gather news and report to the public. 

High-profile subpoenas in the Valerie Plame, Wen Ho Lee, and Stephen Hatfill cases have highlighted how often reporters are being threatened with fines or jail sentences in federal cases if they refuse to disclose their sources.  No one knows for sure how many subpoenas have been issued, but the Justice Department informed the Reporters Committee for Freedom of the Press that the attorney general had approved 65 subpoenas between 2001 and 2006.

The Obama administration is in its infancy and much remains to be fleshed out about its policies in a host of areas that affect media interests.  The incident with the media pool and the oath is troubling but may just be a hiccup as the new White House Press Office learns the ropes.  But, so far, it’s refreshing to see an administration that wants to let the sunshine into government activities and that understands the importance of protecting journalists’ ability to report on critical issues that depend on information from confidential sources.

Digital Technology: Double-Edged Sword

Two items in the Washington Post in the past three days point up how the relentless march of technology will affect news in the months to come – both how it is generated by the White House, and how it is reported by at least one local TV station.

President-Elect Barack Obama sees new technology as a means “to reinvigorate our democracy,” according to senior adviser David Axelrod.  And, as Chris Cillizza reported on Dec. 14, Obama is starting with the Saturday morning radio broadcast begun by Ronald Reagan in 1982.  

“The speech is still beamed out to radio stations nationwide on Saturday mornings, but now it is also recorded for digital video and audio downloads from YouTube, iTunes and the like, so people can access it whenever and wherever they want,” Cillizza reports.

It’s part of a “broader revolution” in how the Obama White House will communicate, according to Doug Sosnik, a senior aide in the Clinton Administration. "The mainframe for this White House will be the Internet, not TV," he told Cillizza.

Only two days earlier (Dec. 12.), Paul Farhi reported that WUSA-TV, Channel 9 in Washington, D.C., had reached a new labor agreement that would scrap the traditional two-person news crew of reporter and photographer.  Under the new pact, an individual “multimedia journalist” will report, shoot, and edit stories alone using digital tools.  Reporters will double as their own camera crew.  Camera operators will take on reporting tasks as well.

In the case of WUSA, however, the impetus is economic. The one-person operatives are part of a broad budget-cutting scheme under which these “multimedia journalists” will actually be paid less than current reporters.

It’s encouraging that Obama embraces digital technology and plans to use it extensively.  At the same time, it’s ironic that digital technology has siphoned viewers from broadcast television and weakened some local news operations to the point where they can only be saved by changes in news-gathering built around ... digital technology.

The Media and the Economy

Virtually everyone who’s taken an objective look at the subject agrees that media coverage of the presidential race was tilted in favor of president-elect Obama. The latest to make the claim is Time magazine’s Mark Halperin, who last week characterized “extreme pro-Obama coverage” as “the most disgusting failure of people in our business since the Iraq war.”

Late last month, a study by the Pew Research Center found that by a margin of 70%-9% (including over 60% of Democrats and Independents), Americans said journalists wanted to see Obama win on November 4. Even the Washington Post’s ombudsman, Deborah Howell, corroborated the charge. “Readers,” she said, “have been consistently critical of the lack of probing issues coverage and what they saw as a tilt toward Democrat Barack Obama. My surveys, which ended on Election Day, show that they are right on both counts.”

So for 70% of the people of this country, the media’s performance was noted. And for 46%-- those who voted for McCain-- it was noted and resented, thereby further alienating a large part of the audience of the foundering newspaper and broadcasting industries, a woeful aspect of contemporary journalism that’s been mentioned here before.

But there’s another feature of the media’s campaign coverage that is the subject of this note, also mentioned here before: the failure of political reporters generally to focus their coverage on the issue which mattered most-- the extraordinary financial and economic crisis, and what, if anything, the candidates knew, or proposed to do, about it.

An item reported on Bloomberg shapes the problem nicely: “Obama’s program will be far larger than the $175 billion package of tax cuts and stepped-up government spending he proposed just a month ago. Some of his advisers, and Democratic Senator Charles Schumer of New York, have suggested a figure of $700 billion.”

In a country in which trial lawyers routinely work their will on juries comprised of people who have no conception of the difference between, say, a million and a billion, the difference between what Obama was saying then and what his aides are saying now may seem to many like no big deal.

But as people come to understand, however imperfectly, that this is a piper they’ll have to pay, they may look upon the matter differently, especially if the effects of the stimulus and bailout plans don’t come in time or in numbers sufficient to save their jobs, or homes, or life savings.

There is no suggestion here that substantial and intelligent media coverage of the economy would have changed the election results. For that to have been the case, even in theory, would have required an opponent with a far stronger grasp of economic issues than John McCain, about whom it may fairly be said that no presidential candidate in recent history was more inarticulate or unpersuasive.

But by their neglect of the economic issue, political reporters disserved the nation as a whole, and left the people utterly unprepared to vet the candidates’ economic proposals, then or now. That they did this while also clearly favoring Obama just adds journalistic insult to civic injury.
 

The Financial Crisis and Horse Race Journalism

In 2001, the events of 9/11 were covered by the news media in a way that reassured and unified an angry and fearful country.  In 2008, a financial crisis that in its own way is as dire as 9/11 is being covered in ways that are divisive and infuriating.

At the root of the problem is the colossal failure of reporters to report the crisis, in the context of the presidential campaign, objectively and in a way that challenges the major party candidates to address the issue with the seriousness it demands.

Before it is over our financial and economic distress will almost certainly take the life savings and the livelihood of hundreds of thousands of people, and perhaps many more.  But by the evidence to date, reporters don’t get it.  So taken are they with the “horse race” conventions of political reporting that they have reduced even this, the worst economic portents since the Great Depression, to the familiar banalities of their stock in trade: who’s up, who’s down, and polls galore.

This, plus of course, their own political spin on things.  Thus are we told that the financial mess works to  Barack Obama’s political advantage …  and not much more.

Whether reporters perform this way because they are biased in favor of the Democratic Party and Democratic policies, or because they are themselves clueless about all things economic, or because they are, perforce, tethered to the inadequacies of the politicians they cover (with the correct answer being all of the above), makes not the tiniest bit of difference.

The stark fact is that the national news media have underreported and misreported virtually every important aspect of our national nightmare: how we got into it, how we can prevent it from happening again, and, most importantly, how we can escape its worst effects now -- and how our national leaders can help us.  

Here at The Media Institute, which receives all of its financial support from media companies, we spend most of our time promoting the Speech Clause of the First Amendment.  This means that we promote those laws and regulations that maximize freedom of speech and of the press — something we will continue to do whatever the media’s journalistic shortcomings.

But at a time when all of the legacy media are in grave jeopardy — first from the competitive effects of the Internet, and now from the struggling economy — they are not making it any easier for themselves or for us.  If worse comes to worst, the people of this country are unlikely to forget or forgive the role the media have played at this crucial hour.

Fact and Opinion

Name a national news organization that commands the respect both of Republicans and Democrats, conservatives and liberals. Can’t do it? Neither can I, but as the head of The Media Institute, and as a citizen, I wish I could.

At a time when there is no governmental institution in America—and scarcely any institution of any kind-- that is not the subject of contempt or contention, the news media have a rare opportunity right now to play a meaningful and unifying role, and in the process to do wonders for their own flagging fortunes. But it’s not happening.

The United States today is fairly seething with fear and anger. It is no overstatement to say that many people in this country, left and right, literally hate some of their fellow Americans-- a state of mind that will only be exacerbated as the presidential campaign yields a winner, and as the financial crisis takes its inevitable toll. A few years ago I used to say jokingly that I didn’t think the country was up for any more foreign wars, but that I thought there might be an appetite for a good civil war. I don’t think it's funny anymore.

There is nothing intrinsically wrong, and a lot that is right, with opinion journalism. But when, as now, people in large numbers are fearful about the future and questioning what’s best for themselves and for the country, it is as ominous as it is lamentable that we don’t have at least a few national news organizations that are trusted, for their rigorous commitment to thoroughness and objectivity, by people of different political persuasions.

There is no need to define objectivity with mathematical precision; two parts of this to two parts of that. Neither is there any suggestion that objectivity means pleasing everyone, even some of the time. There are, after all, some people--like Marxists on the left and fascists on the right-- whose views can’t be reconciled with any strain of objectivity.

But the larger point survives, and is all the more dolorous for those of us whose careers are linked with these organizations, by the fact that this glaring void exists at the same time that the news media are facing a difficult present and a parlous future.

At what better time, and in what better way, could the legacy media demonstrate their continuing and essential value to this country than by recommitting themselves, at this very moment, to a journalistic standard that strictly adheres to objectivity in the gathering and reporting of the news?

 

Political Reporters, the Economy, and the Presidential Race

In 1991, the Greek-owned cruise ship Oceanos sank off South Africa’s eastern coast. All of the crew, including the captain, abandoned ship before many of the passengers got off, leaving them to the safekeeping of the shipboard entertainers.

Watching the presidential candidates mumble and fumble their way around the country’s financial mess, it’s hard not to feel as those passengers must have felt—abandoned and alone, and every man for himself.

In fact, though, the more astute will have felt that way for some time. This, because though you wouldn’t know it from the stories filed by this country’s political reporters, the nation’s financial agony isn’t something that just sneaked up on us in the last few weeks.

From the extraordinarily high price of commodities like oil and gold, to the drying up of business and consumer credit, to the collapse of the housing market, to the sinking value of the dollar against foreign currencies, to the erratic and downward spiraling action in the equity markets, the U.S. economy has been sending out SOS signals for at least a year.

Like the presidential candidates, though, political reporters have been serving up economic mush, when they haven’t ignored the economy altogether in favor of “horse race” stories.

It’s in this environment that John Harris and Jim Vanderhei, co-founders of Politico, accuse Obama and McCain of putting on a bad show. “Tuesday’s debate,” they say “was a look through the wrong end of the telescope. Men with fascinating biographies seemed conventional.”

No argument with that assessment here. But then they come up with this: “Both Obama and McCain were once cult-of-personality candidates, running on their inspirational personal biographies and reformist profiles more than on their policy records.” D’ya think?

In my lifetime there have never been two candidates more uncritically acclaimed by the media. No Republican politician has ever gotten the kind of press coverage that (prior to this campaign) McCain received. And as for the press coverage of Obama, well, to say it’s been fawning is like saying that an eon lasts awhile.

So as the country’s staggering economic problems cast a giant shadow across the land--and in the process reduce the two presidential candidates to dwarflike proportions—it seems kind of late in the day for political reporters to blame the candidates for their lack of substance, much less because they no longer seem “inspirational.”

Journalists have had innumerable chances, over a long period of time and in an eerily declining economy, to explicate and challenge the presidential candidates’ economic policy views. Why haven’t they?

Pining for the candidates lost allure, Harris and Vanderhei close their article with this: “Obama and McCain are men with large life stories, asking to lead the country at a large moment. With one more debate to go, could someone turn the telescope around?”

Perhaps a better question would be when political reporters are going to turn that telescope on themselves.


 

The Good and the Bad of It

Because, as they say on TV news promos, "you need to know," herewith some thumbnail opinions of certain journalists and media outlets:

Daily Kos—Not since the Ku Klux Klan started wearing sheets has anonymity been put to a more malevolent use. If you worry only about the right, spend a little time reading the anonymous posts here and see if you still feel that way.

Drudge Report—If anyone had told you, back in the day, that Matt Drudge and his Drudge Report were destined to become the news leader in American journalism, would you have believed it? Well, you should have, because these days that is not only the fact, it’s the acknowledged fact. News organizations from the great to the obscure fall all over themselves trying to get a link to one of their stories on the Drudge Report. As Drudge himself says, “they kiss the ring.”

Christopher Hitchens—The scourge of all things politically correct, and a very entertaining writer. Wrong about a number of things, but who cares?

Charles Krauthammer—Smart, clever, serious.

Mainstream media (generally speaking)—In immediate and urgent need of more (and more prominently displayed) economic reporters. Looking back on the financial crisis gripping the country at this time, historians will marvel at the shallowness of the media coverage of it. In significant part this is owing to the fact that the media have too many political reporters covering economics and not enough economic reporters covering politics (or economics).

Keith Olbermann—If he’s not deliberately channeling Howard Beale he gives a good impression of it.

Politico—Though its coverage of politics is devoid of anything even remotely artful and features an overabundance of “horse-race” analyses, this relatively new journal is already the best in class. The online version is updated frequently, including on weekends, and taken as a whole its political slant is neither pronounced nor off-putting.

RealClearPolitics—One of the best of the political news aggregators, though they provide too many links to the same few (and politically predictable) sources. The greater value is found in their links to less familiar outlets, including blog sites, and in their own contributors like Jay Cost.

Robert Samuelson—Though he writes impressively about many things, Samuelson’s greatest strength is his understanding of economics. His pieces last month and this about the financial crisis are far and away the best things written on that subject by anyone at the Washington Post.

Tom Shales—In the way that some people are said to have a perfect ear, Shales has a perfect eye. His take on everything from speeches to TV shows is almost always spot on, and the class of the field. Unfortunate, therefore, that he occasionally wanders into matters of politics and policy. Note to Tom: Don’t do it. You’re not good at it, and it diminishes you even to make the effort.

Slate—Not perfect but a serious place for serious people, and marked by terrific writing. If the Washington Post, which owns Slate, were more like it, it would be a fresher and more widely admired newspaper.

George Will—The best of the commentariat. Made his journalistic bones, so to speak, during the Nixon regime where, second perhaps only to Woodward and Bernstein, he was the leading critic of that Administration. Though a conservative Republican, not averse to taking on conservatives and Republicans, as seen in his recent scathing criticism of John McCain (McCain Loses His Head). One of the very few journalists (Robert Samuelson being another) with a broad understanding of the speech clause of the First Amendment.



 

Journalists, and the future of the media. Part II

From Johannes Gutenberg to the dawn of the Internet, the press (or the media as we now call it) has been characterized by two things: It has been one-way, and it has flowed from the few to the many.  Comes now the Internet, where everyone’s a publisher/broadcaster, and all that has changed.

As we’re seeing already, tomorrow’s media will be two-way and many to the many.  (And a generation from now, when Virtual Reality is prevalent, many to the few as well.)

A change so fundamental poses real challenges to professional journalists, because in the age of user-generated content -- whether in the form of blogs, or social networking sites, or YouTubian video creations, or who knows what -- many of the “stars” are likely to be what we used to think of as the audience.

In this tumultuous new world, professional journalists will not only have to share the stage with amateurs, they will have to put up with their slings and arrows, and even to defer to them in those instances, which will be legion, where some amateur’s expertise or diligence on a given subject is greater than that of the professional journalist.

And there is one other thing.  As we see even now, all of the amateurs will have opinions, and some will be able to express them very well.

Given all of this, one might ask who will want to be a professional journalist, and what, exactly, will be the role of one?  Though no one knows for sure, the answer to that last question may lie in the advantages available to the professionals.

Because they have financial resources, whole departments of reporters, vast networks of contacts, and the best equipment, professional journalists have now, and will continue to have, something the amateurs don’t -- the ability to engage in the practice of gathering and reporting the news.

It follows from this that the media of the future may put a greater emphasis on thoroughness and objectivity, not necessarily out of high-mindedness or J-schoolish exhortations, but because this kind of reportage, unlike opinion and analysis, is something only they can do.

If this is in fact the future of journalism, it will mark a return to a journalistic standard that's lately  been honored more in the breach than the observance, and it will be another example of how great societal benefits often derive from the pursuit of self-interest.

Journalists, and the future of the media. Part I

“Ladies and gentlemen, The Network News Hour with Sybil the Soothsayer ... Jim Levitt and his Almost Truth Department ... Ms. Madahare and her Skeletons in the Closet.... Tonight, another segment of Vox Populi....  And starring the mad prophet of the airwaves: Howard Beale!”  (From the movie “Network,” 1976)

Everyone of a certain age remembers the story of the unhinged anchorman, Howard (“I’m mad as hell and I won't take it any more”) Beale.  Examples abound that playwright Paddy Chayefsky was onto something.  Keith Olbermann comes to mind – and all the more so after MSNBC took the highly unusual step of removing him from his anchor post for being too far over the top.  Where journalism is untethered to standards of professionalism, and ratings are all, journalism suffers.

But the sullying effect of entertainment values on journalism is well understood.  The thing that’s less well understood, and a much more intractable problem, is the role of journalists in the decline of journalism.

From their tiny and parochial grasp of the speech clause of the First Amendment, to their growing embrace of opinion rather than objectivity, to their response to all things Internet, the performance of much of the national press corps these days seems – to borrow a phrase from Malcolm Muggeridge – like the antics of an exhausted stock.

Journalists’ knowledge of and support for the First Amendment can be measured by the things they promote and the things they do not. They favor access to government information, the right not to have to reveal their sources, and weak libel laws.  And leaving room for a little quibbling around the edges, all of these are good things.  But note the parochialism.  Journalists want access to information in the same way, and for the same reason, that fishermen want access to nets.  The point being that, whatever the intrinsic public good, and it’s manifest, access to information is a practical need of journalists.

But what about the speech needs of people who are not journalists?  Like the commercial speech of advertisers of legal products?  Or the speech of college students, circumscribed by campus speech codes?  Or the political speech of groups or individuals who, close to the date of federal elections, wish to make political arguments through issue ads?  Or, even within the industry, of the right of media companies not to have to yield to onerous and government-mandated “public interest” obligations?

On these and other First Amendment issues, far too many journalists are silent if, as with campaign finance reform, they aren't actually on the other side.

Controversy over media coverage of this year’s extraordinary presidential election campaign opens a window on another journalistic sore spot, the twinned issues of objectivity and media bias.  In an article dated 9/3, Howard Kurtz of the Washington Post observed, without a hint of irony, that “denouncing the news media as biased plays well with many Republican voters.”

A similar observation was made the next day in an article in the New York Times. “If there is one mission Mr. McCain wants to accomplish at his convention,” it says, “it is to galvanize conservative voters who have shown signs of depression this year.  Traditionally, one surefire way to do that has been to attack the ‘elitist’ mainstream news media.”

But whether we're talking about conservatives, who represent maybe one-third of the country, or Republicans who, at least at election time, represent half, the obvious question is why do they feel this way?  Why is it that attacking the media is a “surefire” way to galvanize Republicans and conservatives?  In all the years that I’ve been watching presidential campaigns, I don't ever recall reading a similar line about Democrats, or about liberals for that matter.

It’s true, of course, that there are people to the left of liberals who are critical of the media.  But the great divide in American political life isn't between Republicans and conservatives on the one hand, and Marxists and leftists on the other. It’s between Republicans and Democrats, conservatives and liberals.  And thus, when journalists suggest, as they have for decades, that the existence of critics on the left as well as the right proves that their efforts are balanced, they miss the pregnant truth by a mile and persuade no one.

At what may be a tipping point for all of the professional media, isn’t this a problem that the industry should redress?  Is there any other industry that, upon hearing that half of their market feels they’re being dissed, wouldn't move to correct, or at least ameliorate, that problem?

Of course the media are different from other industries in another way too.  Owing to the “firewall” erected over time between the journalistic “product” and the management of the companies that own that product, the news industry is the only one in which corporate management exercises little control over what its writers, reporters, and editors produce – little control, in other words, over their very products.

So with management hamstrung by the firewall convention, who is willing and able to mind the store, so to speak?  Certainly not those institutions that exist to fund, study, promote, and chronicle contemporary journalism.

Of the handful of foundations – like the Knight Foundation – that routinely provide funding for journalism-related programs at universities and nonprofit organizations, all share a mindset, whatever their funding priorities, that can be characterized as Old Newspaper.  As such, they cling to journalistic notions that are outdated, uninformed, and fundamentally irrelevant.  And what is true of the foundations is true, and then some, of the rest of the journalism infrastructure: TV critics, media reporters, ombudsmen, and the journalism reviews.

If, as they say, war is too important to be left to generals, perhaps it’s not too much of a reach to say that journalism is too important to be left to journalists.

Next: The Internet and its growing impact on journalism.

Is China Big Enough for Free Speech?

The Olympics are now in full swing in Beijing after a spectacular opening ceremony that displayed many of the Chinese people’s finest attributes.  The Chinese government and free speech, however, are another matter.

Our friend Kurt Wimmer has written an excellent piece for us on this topic titled “The Beijing Olympiad: A Fleeting Opportunity for a Freer China.”  Kurt notes that by July, Chinese officials had imprisoned almost 50 Chinese writers whose opinions the government found subversive or threatening.  And the clampdown was not limited to native Chinese.
 
Western journalists were ordered out of the ravaged Sichuan province following the earthquakes there, and at least 10 foreign journalists covering Tibet have had their lives threatened since March.  Meanwhile, the “Great Firewall of China” blocks access to Internet content that criticizes the government, lest Chinese citizens hear anything untoward about their leaders.

The drumbeat continued in the days just prior to the games with stories about journalists denied access, activists deported, and even the U.S. press corps plane being delayed for a baggage search.  Subtlety is not in the playbook of Chinese censors, from all indications.

Still, Kurt finds a glimmer of hope in all of this.  If the United States and other nations can bring enough media pressure to bear, perhaps the will of the Chinese people can prevail and usher in a new era of greater transparency, he says. 

It’s a big “if,” as Kurt acknowledges.  There are no guarantees that free speech will take root just because the Chinese are hosting the Olympics.  But as the Games focus the world’s attention on China, they do provide an opportunity – however fleeting – to begin a process that could just lead to greater freedom of speech and press. 

Some People "Get It."

Imagine our relief, just when we thought that nobody cared, as we read the editorial in the Dallas Morning News.  Published on July 4th, and titled "All hail the First Amendment," it recounts the ordeal of Canadian journalist Mark Steyn, the subject of recent posts here. The editorial is reprinted below, with permission, in its entirety.

Editorial: "All hail the First Amendment"

On the Fourth of July, the day we celebrate America's liberty and independence, it's worth contemplating how much more free America is than most other nations in the West.

Why?  The First Amendment to the U.S. Constitution.  How very much depends on these 45 words:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

"The First Amendment really does distinguish the U.S., not just from Canada but from the rest of the Western world," says writer Mark Steyn, who's learning it the hard way.  Mr. Steyn and Maclean's, the top-selling Canadian magazine, have faced human rights charges in British Columbia.  Their alleged offense?  Maclean's published a Steyn essay critical of Islam, which prompted Muslim activists to
file formal charges accusing the writer and the magazine of violating Canada's hate-speech laws.

Last Friday, the national Human Rights Commission dismissed the charges, but they're still pending in front of a provincial panel.  The victory is less than what it appears.  For one thing, defending against the charges cost the magazine hundreds of thousands of dollars.  For another, it is frightening to think that a human rights panel has the right to decide what can and cannot be published in a
free country.

It's not just Canadian critics of Muslims whose speech is under attack.  The Alberta Human Rights Commission ruled that the Rev. Stephen Boissoin had broken the country's hate-speech laws by criticizing homosexuals.  Last month, the panel ordered the minister to pay damages, apologize and desist from criticizing homosexuality for the rest of his life.

Similarly, the Ontario Human Rights Commission recently ordered a large Christian social service ministry to abandon its statement of faith as discriminatory against gays and to send its employees to diversity training.

Free speech also is in trouble in Europe.  Last month, a French court fined actress and animal rights activist Brigitte Bardot $23,000 for violating hate-speech laws.  Complaining about Islamic sheep-slaughtering customs, Ms. Bardot had said Muslims were "destroying" France.  In May, British police arrested a teenager for calling Scientology a "cult" at a peaceful demonstration.

Also that month, police in The Netherlands arrested Dutch cartoonist Gregorius Nekschot on suspicion of incitement to hatred and discrimination for cartoons alleged to be anti-Muslim.  The Dutch police, who have established a branch to
investigate cartoons, recently brought in proprietors of a Website critical of multiculturalism to explain comments left on the site.

None of this could have happened in the United States, where the right to say what's on your mind, no matter whose feelings it may hurt, is considered vital to the self-government of a free people.  The First Amendment means that in our liberal democracy, we have to tolerate speech many of us find obnoxious or offensive.  But it affirms that enduring hateful or distasteful oratory is far less dangerous than giving taboos on controversial speech the force of law.

It is not too much to say that all of our freedoms depend on the First
Amendment, for if we cannot speak and worship freely, we are on the road to tyranny.  On Independence Day, and every day, we must be grateful for the foresight of the Founders, who understood as no others in their position had before or have since, how sacred freedom of speech is.

When Thomas Jefferson famously said that he would rather have newspapers without a government than government without newspapers, he meant that freely and widely expressed opinions are the true foundation for a successful government of the people, by the people and for the people.

In an observation that cannot be improved upon, the Colonial-era Freeman's Journal editorialized: "As long as the liberty of the press continues unviolated, and the people have the right of expressing and publishing their sentiments upon every public measure, it is next to impossible to enslave a free nation."

God bless America – and God bless the First Amendment, which protects and serves rich and poor, liberals and conservatives, secularists and believers, and all those privileged to call themselves Americans.

 

The Silence of the Lambs

The failure of mainstream U.S. journalists even to mention the abominable trial of Canadian journalist Mark Steyn speaks volumes about the state of the industry, and about the speech-killing nature of political correctness.

As my colleague Rick Kaplar posted here last week, Steyn is being tried in Canada by one of that country’s “human rights” tribunals.  His crime?  He wrote a book, subsequently excerpted in the Canadian journal Maclean’s, to which members of the Canadian Islamic Congress took offense.

Never mind for a minute the impact of this on Mr. Steyn, or on those Canadians who, even without the benefit of a First Amendment, understand and believe in freedom of speech.  The stomach-turning aspect of this affair is the ovine response of virtually the entire U.S. press corps.

With the exception only of a handful of conservative journalists, plus a New York Times reporter writing for the International Herald Tribune, the saga of Mark Steyn and his persecution by a kangaroo court, formed under the auspices of Canada’s Human Rights Commission,  has been completely ignored.

In private conversation, a number of explanations have been offered for this phenomenon: It is a foreign affair; the U.S. media, newspapers particularly, are preoccupied with more pressing matters; worse things are happening to journalists, and to freedom of speech, all over the world.

I don’t buy any of it.  In the first place, we’re talking about Canada, not Eritrea.  Secondly, how much effort or money does it take to write an editorial, news, or feature story?  And as for worse things happening, well, that may be, but this one is quite bad enough.

A better explanation would be that, second perhaps only to the academy, U.S. media are the most politically correct institution in American life.  And few people are more politically incorrect than Mark Steyn.

In February of this year Christopher Hitchens wrote a piece for Slate called “To Hell With the Archbishop of Canterbury.”  Written in the saucy style for which he’s well known, Hitchens’s ire was prompted by a speech given by the Archbishop in which he suggested that  aspects of sharia, or Islamic law, should be adopted in Britain as it would 'help maintain social cohesion.'

There is little doubt that, had Hitchens’s piece been published in a Canadian newspaper or magazine, it would have given offense to the same people who have initiated the proceeding against Mr. Steyn.  The difference, of course, is that Hitchens’s piece wasn’t published in Canada, and so therefore neither he nor his publisher can be fined or sanctioned.

As shown in the link above, the excerpt from Steyn’s book is disturbing and provocative.  But it is also unmistakably political speech -- the kind, in other words, generally accorded the highest value by those who believe the press is indispensable to a democratic society. 
 
Fortunately, there are some Canadians who understand that point.  In a press release issued last month, the British Columbia Civil Liberties Association announced it had applied for leave to intervene in Steyn’s trial.  In the language of the president of the association: “Freedom of expression is a fundamental democratic value.  Citizens of a democracy should be trusted to form their own judgments about the views expressed by others, including controversial and offensive comments.  The BCCLA will seek to protect basic Charter rights so that opinions on all matters, including religion, can continue to be debated freely and without fear through all media of communication.”

Despite the mounting evidence of the harm it causes, political correctness in the U.S. has so far escaped the opprobrium it  deserves.  Far from being the language of the enlightened, political correctness is the lingua franca of those who believe in control rather than debate, the very essence of totalitarianism.

The Threat to Free Speech Is Just Across the Border

Note to American journalists: Step across the border into Canada and you will give up every vestige of your right to free speech and free press. If you write a piece that someone finds offensive or that merely hurts his feelings, you may end up facing trial before one of Canada’s “human rights” tribunals that collectively boast a conviction rate in the range of 100%.

Hard to believe?   Just ask Mark Steyn, widely regarded as one of Canada’s finest journalists.  He recently went on trial before one of these kangaroo courts in British Columbia because a group called the Canadian Islamic Congress didn’t like a book excerpt of his that appeared as an article in Maclean’s magazine. 

The Islamic group claimed that the excerpt from Steyn’s book America Alone engaged in “spreading hatred against Muslims” – despite praise from other journalists such as Rich Lowry, who calls the piece “a sparkling model of the polemical art” and lauds its “profound social analysis.”

No matter.  Before the national Canadian Human Rights Commission and its provincial counterparts, truth is no defense.  And there is no requirement to prove harm.  All you have to do is disagree with the writer’s point of view.  Forget freedom of speech.  Lowry quotes one of the national commission’s principal investigators as saying: “Freedom of speech is an American concept, so I don’t give it any value.”

It is incomprehensible to think that freedom of speech and press have been so thoroughly brutalized within the borders of our northern neighbor.  Equally unbelievable, however, is the fact that the plight of Mark Steyn has been greeted with such a stunning and nearly universal silence by U.S. media.  With a handful of exceptions like Lowry, American journalists have completely ignored this travesty to the north. 

It’s true that Steyn and Lowry both are conservatives – Lowry is editor of National Review  – but I don’t want to say the deafening silence is driven by ideology.  (One of the few other Americans to break the silence, for example, is New York Times reporter Adam Liptak, writing in the International Herald Tribune.)  I think it’s a matter of journalistic indifference to something that’s not happening here.

Yes, it’s a Canadian matter.  But threats to free speech and free press transcend borders.  Especially when the threat is this serious, and the border this close.  That makes it our matter, too. 

Final note to American journalists:  WAKE UP!!