Fifteen Days in June: The Inside Story of the Pentagon Papers Case

Last month, Justice Charles D. Wood of the Westchester County Supreme Court issued a controversial order blocking The New York Times from publishing or seeking various documents related to Project Veritas.  The Times had published an article on Nov. 11, 2021 that discussed the group’s journalistic practices, along with an investigation by the Department of Justice concerning the potential theft by Project Veritas of President Biden’s daughter Ashley’s diary.  The article also mentioned a separate defamation case against the Times that Project Veritas had initiated in 2020, based on coverage of a video the group had released alleging voter fraud related to the campaign of Rep. Ilhan Omar (D-Minn).

Times Executive Editor Dean Baquet commented that “[t]his ruling is unconstitutional and sets a dangerous precedent.  When a court silences journalism, it fails its citizens and undermines their right to know.  The Supreme Court made that clear in the Pentagon Papers case, a landmark ruling against prior restraint blocking the publication of newsworthy journalism.  That principle clearly applies here.  We are seeking an immediate review of this decision.”

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Guardrails for Describing Fake News, Misinformation, and Disinformation

Perhaps the most distasteful national omelet we’ve been served during the past four years has been the one that has mixed together an unsavory combination of three ingredients: fake news, misinformation, and disinformation.

While many express growing concerns and look for ways to deal with them, that may be difficult – if not impossible – as long as we use these terms without any agreed-upon definitions that set useful boundaries and are easy to understand among the public at large.  The alternative is to continue repeating the mantra “fake news-misinformation- disinformation” so often that it loses meaning, or using the terms interchangeably so that they become permanently blurred in our minds.

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Why Distrust of News Needs More Sophisticated Analysis

With a start of a new year, some notable public attitudes about critical institutions seem to be on a downward trend.  These include traditional media, like newspapers, broadcast stations, and cable networks, which are often thrown together in opinion polls aimed at gaining key insight into their credibility with audiences of readers and viewers.

The Edelman Trust Barometer found only 46 percent of Americans trust traditional media.  This is the lowest number recorded since the data was first tracked two decades ago.  It found 58 percent of Americans believe that “most news organizations are more concerned with supporting one ideology or political position than with informing the public” and found over half also think that the Fourth Estate is “trying to mislead people by saying things they know are false or gross exaggerations.”

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The Role of Targeted Advertising In Supporting First Amendment Principles

One can scarcely remember the time, only a few short decades ago, when life moved along without the array of personal digital devices that have come to define today’s culture.  All of that changed, of course, with the advent of the Internet and the ability to access a burgeoning number of websites (which themselves were rapidly evolving). 

Personal desktop computers, portable laptops, tablets, cell phones, and “smart phones” would fuel the tech revolution.  Who could imagine that someday one’s phone, tablet, and computers would all be synchronized into a seamless whole.  Or that millions of Americans would spend vast amounts of time engaging each other via something called “social media.”

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First Amendment Values and a Voice for Everyone

In the 40 years since The Media Institute began, it’s difficult to recall a national environment quite like the one we’re in today.

Basic principles of free speech are being challenged in multiple ways and by multiple forces: foreign governments distorting the “truth” through social media, and varying outlets promoting wildly disparate views of the “news.”  Divisiveness and contention are at an all-time high in our politics and our national discourse. 

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First Amendment Still Shines During Toughest of Times

Two hundred and thirty-one years ago this week, Congress passed a collection of amendments to the U.S. Constitution, 10 of which would become the Bill of Rights.  Foremost in the Bill of Rights is the First Amendment, which allows Americans to worship how they please, speak their minds openly, and have their voices heard by their government.

Our Founding Fathers, in their infinite wisdom, also included in the First Amendment the right to a free press.  They understood that our democracy could not survive without the freedom to report the news without fear or favor.  The times may have changed; that principle has not.

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Ending the Media Versus Police Tumult

Whatever happens with police reform legislation in Congress, there is no reason to expect that protection of reporters and media will figure into the proposed “best practices” of how journalists should be treated during tense and often violent situations such as we’ve seen in the past month.  Generalized protections already exist in the First Amendment, but as the brutal incidents of the past month show, law enforcement officers can recklessly bypass those enshrined barriers.

A slew of reports – some of them admittedly self-pitying – emerged in recent weeks with frightening details about how print and electronic journalists have been attacked by law enforcement officers.  It appears that sometimes reporters were singled out as they sought to cover the protests and demonstrations that erupted around the world after George Floyd’s death-by-knee in Minneapolis.

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Big Media’s Now Moment

Amid the deadly coronavirus and unfolding social justice movement, America stands at a momentous crossroads.  Following the tragic death of George Floyd at the knees of the police, a multiethnic, multigenerational mass of righteous protest is demanding police reform in cities across the nation. 

Captains of industry, in response, have hedged their corporate reputations on hefty pledges to promote African-American economic equality.  In stark contrast, the president remains defiant to convention and defensive of status quo law and order.

Chronicling it all in real time for the world to see has been the mainstream media.  Broadcast and national cable, in particular, have experienced a renewed relevance and a reborn sense of mission as the justice movement gains more sweep, scale, and seriousness.  This has been especially meaningful for local TV, which needed to burnish its credentials with American viewers.  Like many in America, journalists have discovered what heretofore has been absent from countless reports of black death-by-police.  Transparency.  Equity.  Empathy.

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An Independent Press: Essential to Our Democracy

We are living in challenging times for those who depend on the work of a free press.  Every day, journalists across the globe encounter censorship, harassment, and violence.  In every part of the world, authoritarian rulers are increasing their grip on the press, trying to prevent reporters from holding the powerful to account.

The Washington Post is sadly familiar with these attacks.  Our reporter Jason Rezaian was arrested and held inside Tehran’s notorious Evin Prison for 544 days, even though he had committed no crime.  We are grateful that he is now free and back at The Washington Post, where his writing often focuses on the importance of press freedom.   

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Broadcasting Today: Energized by Innovation

There is a saying that goes, “Everybody has a story to tell.”

My own NAB Show story began a decade ago – almost to this day, in fact – when I spoke at my first show as the new president and CEO.  On that morning, I shared the story of broadcasters’ unrelenting commitment to always be there for their communities … to inform them … and to help them.

It is a deep-rooted commitment that manifests itself in many ways that often go unnoticed – in ways that have become ingrained in everyday life for millions of Americans.

Our communities turn on the radio to find out what the weather is like before heading to work … to learn how to help their neighbors in need … or to listen to the great personalities who seem like old friends.  They turn on their televisions to watch their favorite local news anchor and to get an unbiased report of what is happening in their communities.

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