Donald Trump and the Future of the Mainstream Media

The presidential election has lit a fuse on discussions about the present and future of the mainstream media (MSM). Opinions are hot and heavy, and predictable for the most part according to the political mindset of the commenter.

Some people, for instance, attribute Trump’s win to the media’s extensive coverage of him during the primaries, while others see the influence of so-called “fake news” as a factor. People of these and kindred opinions tend not to see, or acknowledge, any significance in the election results for the future of the MSM.

Other people think that Trump won precisely because he characterized the media as being part of the “corrupt establishment,” with Michael Wolff, for instance, writing in the Hollywood Reporter that the election was not between the Republican and Democratic parties but between the Trump Party and the Media Party. As Wolff puts it, “The media turned itself into the opposition and, accordingly, was voted down.” Many such people, Wolff excluded, tend to see (indeed, hope for) a dismal future for the mainstream media.

Yet other commenters see in the election results the damaging effects on the MSM and the country as a whole of the social media, » Read More


Maines is president of The Media Institute. The opinions expressed are his alone and not those of The Media Institute, its board, advisory councils, or contributors.  The full version of this article appeared in The Hill on Jan. 6, 2017.

Jeff Bezos Owns the Washington Post – and the Journalism It’s Practicing

The Washington Post has for years been a newspaper that favors Democrats and liberalism generally. This has been seen in the kind and quality of issues covered, and not covered, in its feature and investigative stories, and in its editorials. But not until this year has the paper so grossly abandoned the practice of separating news from opinion in its news stories.

And that is something that, for all his distractions and grandeur, the Post’s owner, Jeff Bezos, must now correct — that or he needs to accept personally the decline and opprobrium that is coming the Post’s way.

Under normal circumstances the owner of a media company is best advised to steer clear of editorial matters, but that won’t work at the Post any longer. It’s become obvious that, with the election of Donald Trump, none of the editors at the paper can be trusted to uphold even the most basic of journalistic standards.

This has been true since Trump first announced his candidacy, but it has escalated gruesomely since his election. Witness, for instance, what is perhaps the shoddiest piece of feature writing since Rolling Stone published its blatantly false story about a campus rape at the University of Virginia. » Read More


Maines is president of The Media Institute. The opinions expressed are his alone and not those of The Media Institute, its board, advisory councils, or contributors.  The full version of this article appeared in The Hill on Nov. 29, 2016.

The Biggest Loser in 2016? The Mainstream Media and Journalism

There are many losers in the wake of Donald Trump’s victory. They include Hollywood, pollsters, the Bush family and the GOP’s donor class, and neocons. But the biggest losers are the mainstream media (MSM) and journalism itself.

And it’s the damage done to journalism, not the fate of pundits or media outlets, that is the most disturbing. After all, it’s been reported for years that Republicans and conservatives in ever larger numbers deem the MSM to be in the Democrats’ and liberals’ corner, and if that perception is okay with media moguls it’s their choice to make — and to live with the consequences in the marketplace.

But when, as happened this year, so much of the media openly and willfully suspended the practice of separating news from opinion, they crossed a boundary of what’s rightly theirs and what’s ours. It’s our right and need to know about civic matters, fully, fairly and accurately, that is the public virtue in journalism and the sine qua non of democracy.

Although virtually all of the MSM violated this boundary in their frantic support of Clinton, some were worse than others. As is often the case, CNN led in this category, » Read More


Maines is president of The Media Institute. The opinions expressed are his alone and not those of The Media Institute, its board, advisory councils, or contributors.  The full version of this article appeared in The Hill on Nov. 15, 2016.

Conservatives Could Be Trump’s Biggest Fight

As the mainstream media pillory Donald Trump, and in doing so reveal the hypocrisy lurking in their news standards, Trump’s supporters find themselves caught between the rock of the MSM and the hard place of the conservative intelligentsia. And it may be the latter that are doing the most damage.

Because academia and the legacy media are so hostile to them, intellectuals of the right have for years congregated in think tanks and publications. Places like the libertarian Cato Institute, the conservative National Review and the Wall Street Journal, and the neoconservative Commentary (and more recently the Weekly Standard) have incubated and nurtured some of the best pundits and policy analysts in the country.

Yet today, not one of them supports Donald Trump’s candidacy, and several (particularly the neocons) are in full-throated opposition. Taken together, these “Never Trumpers” fault the GOP nominee for his stands on immigration and international trade, for his personal style, and for his lack of familiarity with, much less fealty to, conservative policy positions.

In other words, they have their reasons. Yet for all of that, there’s a look and feel about their efforts that smacks of vanity. Sadder still, their collective posture reveals an embarrassing lack of discernment » Read More


Maines is president of The Media Institute. The opinions expressed are his alone and not those of The Media Institute, its board, advisory councils, or contributors.  The full version of this article appeared in The Hill on Aug. 31, 2016.

Defending the Indefensible: Bias at the New York Times

The New York Times’ media columnist, Jim Rutenberg, penned a recent piece suggesting that biased news coverage of Donald Trump, at the Times and among other mainstream media, is justified and rarely observed in the context of other partisan or ideological issues.

Rutenberg’s claim is that because Trump says things that are rude, politically incorrect, or debatable, and “conducting his campaign in ways we’ve not normally seen,” there is no need for news reporters to treat him to objective reporting.

As the gentleman puts it: “It may not always seem fair to Mr. Trump or his supporters. But journalism shouldn’t measure itself against any one campaign’s definition of fairness. It is journalism’s job to be true to the readers and viewers, and true to the facts, in a way that will stand up to history’s judgment. To do anything less would be untenable.”

So … by this standard, which has been honored more in the breach than the observance by the Times for years, Rutenberg justifies the open vilification of Trump’s statements in things written not just by opinion writers but by reporters as well.

It’s as fine a piece of hypocrisy clothed in “journalistic idealism” as you’ll ever see, » Read More


Maines is president of The Media Institute. The opinions expressed are his alone and not those of The Media Institute, its board, advisory councils, or contributors.  The full version of this article appeared in The Hill on Aug. 15, 2016.

Electronic Privacy Needs ICPA Update

Privacy advocates won an important victory in July when a federal appeals court ruled to limit the access of the U.S. government to individuals’ e-mail accounts.

The U.S. Court of Appeals for the Second Circuit said the federal government did not have the authority to issue search warrants for persons’ e-mails stored on servers outside the United States.  The case was brought by Microsoft Corp. in response to a warrant that would’ve compelled Microsoft to turn over customer e-mails stored on a server it maintained in Ireland.  The court affirmed that the Stored Communications Act (part of the broader Electronic Communications Privacy Act of 1986) did not give the government such powers outside U.S. territory.

This was a key judicial ruling to be sure. But it points up the increasingly urgent need for Congress to update that 1986 ECPA legislation to reflect the realities of today’s global digital environment.

Such legislative efforts have been initiated in recent years, only to languish in committee.  The most notable example was the Law Enforcement Access to Data Stored Abroad (or “LEADS”) Act, introduced in February 2015.

Writing about the LEADS Act when it was introduced, attorney Kurt Wimmer noted in an issue paper for The Media Institute that “cloud computing” as we know it today did not exist when the ECPA was enacted in 1986.  “Our current storage habits for digital records are precisely the opposite of the habits that existed in 1986, when ECPA was adopted,” he wrote.  And so it remains today.

However, there is new hope on the horizon.  On May 25, Reps. Tom Marino (R-Pa.) and Suzan DelBene (D-Wash.) introduced the International Communications Privacy Act (ICPA).  Senators Orrin Hatch (R-Utah), Chris Coons (D- Del.), and Dean Heller (R-Nev.) introduced identical legislation in the Senate.  These bills (H.R. 5323 and S. 2986) follow in the footstep of the LEADS Act in seeking to establish a rule of law for lawful access to data in the global environment.

Reps. Marino and DelBene (who had also introduced the LEADS Act) said in a statement:

“We were pleased that the LEADS Act gained such widespread support with more than 130 cosponsors in the House.  ICPA improves upon this effort by broadening industry recognition, and we believe it will earn an even greater backing from our colleagues in Congress.  This bill guarantees that users of technology have confidence that their privacy rights will be protected by due process while simultaneously ensuring law enforcement agencies have necessary access to information through a clear, legal framework to keep us safe.”

The bill stipulates that U.S. law enforcement could obtain warrants for the electronic information of U.S. persons physically located in the United States, or nationals of foreign countries that have a Law Enforcement Cooperation Agreement with the United States, provided the country does not object to the disclosure.  Thus, the ICPA would maintain the sovereignty of nations in protecting information stored within their borders.

By clarifying the rules surrounding the release of electronic information, the ICPA would not only protect individual privacy but would also improve the competitive posture of American companies doing business in the global digital economy.  Cloud computing will continue to revolutionize everything from newsgathering and financial transactions to the Internet of Things as the future of business migrates ever more rapidly to the cloud.  The rules governing privacy and the protection of information in that space need to be clear.

Updating the ECPA with the International Communications Privacy Act would reflect today’s reality of cloud computing and provide the legal framework needed to protect the privacy of individuals, support law enforcement, and promote a competitive environment for American companies.  Congress can’t afford to let this one languish.

Obama’s Legacy: The Trashing of Free Speech

No administration in memory has more thoroughly undermined freedom of speech and of the press than that of President Obama.  From the White House itself, as well as the independent and executive branch agencies, have come a steady stream of policies, initiatives, and pronunciamentos that have threatened or compromised both of these constitutional rights.

Indeed, the Administration’s example has inspired like-minded actions outside of the White House.  For example, those Democratic members of Congress who actively encouraged IRS action against conservative nonprofit organizations before Lois Lerner turned to the task.

And the 16 state attorneys general, Democrats all, who have recently embarked on a campaign designed to silence people who are skeptical of the evidence of anthropogenic global warming and/or its effects and remediation.

But it’s the example of the Administration itself that is most notable.  Who could forget the performance of then-UN ambassador Susan Rice who, five days after the Benghazi attack that took the life of the American ambassador, went on national TV and blamed the attacks on an anti-Islam video shown on YouTube?

This followed by two days Secretary of State Hillary Clinton’s similar claim, and all of it despite the fact that senior Administration officials knew at the time that Benghazi was a premeditated attack that had nothing to do with the video.  >>Read More

Maines is president of The Media Institute.  The opinions expressed are his alone and not those of The Media Institute, its board, advisory councils, or contributors.  The full version of this article appeared in The Hill on July 13, 2016.

The Overblown Backlash Against Peter Thiel for Destroying Gawker

The news that pro wrestler Hulk Hogan’s lawsuit against Gawker has been financed by Silicon Valley billionaire Peter Thiel has sparked many opinions, some of them erroneous, some duplicitous, and some deeply shameful.

Before providing examples of each, a little background.  In 2007, Valleywag, a now-defunct blog site then owned by Gawker Media, outed Thiel, against his express wishes, as a homosexual.  Though he is in fact gay, Thiel was angry about this, and angry too about what he saw, and sees, as Gawker’s bullying journalism in its coverage of Silicon Valley’s tech industry.

For some apparent combination of these reasons, Thiel subsequently offered to covertly pay for Hogan’s legal fees in connection with the wrestler’s invasion of privacy suit against Gawker.  The gravamen of Hogan’s suit is that Gawker published online a secretly taped video of Hogan having sex with the wife of a friend of his.  At trial the jury awarded Hogan $140 million.

So right off the bat a couple of things are clear: Neither Hogan’s lawsuit nor Thiel’s payment of his legal fees are First Amendment issues, despite allegations to that effect in stories published by such as the New York Times>> Read More

Maines is president of The Media Institute.  The opinions expressed are his alone and not those of The Media Institute, its board, advisory councils, or contributors.  The full version of this article appeared in The Daily Caller on June 9, 2016.

The Civil War Within Conservative Media

Though it’s not been well analyzed by mainstream reporters, the so-called conservative media have been split down the middle by the Donald Trump phenomenon.  Outlets like the Drudge Report, Breitbart, and the Washington Times have been in loud and consistent support, while National Review, The Weekly Standard, and Commentary (the last two the leading journals of neoconservatism) have been in full-throated opposition.

Conservative commentators with other media are also divided, with such as George Will, Charles Krauthammer, and Ross Douthat on the anti-Trump side, while Pat Buchanan, Rush Limbaugh, and Michael Goodwin are pro-Trump.

Other right-leaning journals, like The American Spectator and The Daily Caller, also appear to be in Trump’s corner.

Falling somewhere in the middle of all this have been opinion writers like the erudite Victor Davis Hanson and the always-astute Peggy Noonan, both of whom seem likely to part company with those conservatives and neoconservatives who are looking for ways to undermine Trump even if it means the election of likely Democratic nominee Hillary Clinton.

It will be interesting to see how some of the conservative “NeverTrump” commentators handle the blowback in the days and months ahead.  >> Read More

 The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  The full version of this article appeared in The Hill on May 23, 2016.

Netflix, Self Interest, and Net Neutrality

The recent announcement by Netflix that it has been reducing the video quality of its programs on mobile networks for years – something the new net neutrality rules prohibit Internet service providers (ISPs) from doing – has sparked a firestorm by opponents of net neutrality regulations.

From the Federal Communications Commission (FCC) and cable and telecom interests have come expressions of outrage that Netflix never acknowledged this practice during the time when regulators were actively considering, and ultimately approving, utility-style regulation of ISPs.

Though Netflix has kept a low profile since acknowledging its throttling, it has averred that it did so to assist some of its customers in remaining under data caps.  FCC Commissioner Michael O’Rielly, though, takes a dim view of that argument, saying in a recent speech that “Netflix has attempted to paint a picture of altruism whereby it virtuously sought to save these consumers from bumping up against or exceeding their data caps.  There is no way to sugarcoat it: The news is deeply disturbing and justly generates calls for government – and maybe even congressional – investigation.” …

The thing that troubles O’Rielly is that this Netflix practice was never revealed in the company’s many filings to the FCC during that agency’s net neutrality proceeding.  >> Read More

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  The full version of this article appeared in The Hill on April 5, 2016.