Free Speech Is Real Loser in Rush Kerfuffle

Is it appropriate to defend free speech even when it’s harsh or degrading?  Whatever their political views, do people have a right to express them?  Not for the first time, such questions are being debated in the court of public opinion.

The proximate reason for the debate, this month, is some nasty things said about a law student by Rush Limbaugh, a man who – like Glenn Beck, Keith Olbermann, Michael Moore, Bill O’Reilly, Ed Schultz, Michael Savage, and Bill Maher – makes his living by saying provocative and sometimes ugly things through the media of TV, film, or radio.

For those who believe in freedom of speech, there’s a little bit of good news amid the bad in the Limbaugh kerfuffle, but a couple things demand to be acknowledged right from the start: Neither Rush, nor any of the other on-air opinionmeisters, are scholars, statesmen, or intellectuals.  They are, instead, political entertainers whose appeal reaches as far as those who share their political views, and not one inch further.

This, and one other thing: The coordinated attacks on Limbaugh and his show’s advertisers is the product of the calculated strategy of a group – Media Matters for America (MMA) – that was created precisely to try to silence, by whatever means, right-leaning organizations and individuals.

The bad news in the Limbaugh affair is that while some people are recommending that the FCC take him off the air (Jane Fonda and Gloria Steinem), or think he should be prosecuted (Gloria Allred), and after a number of his advertisers have been cowed into dropping his show, most of the media and journalism organizations one might expect to defend him have remained silent.

From the professional journalism societies to the university-based journalism reviews and the legacy “First Amendment” groups, virtually nothing has been issued in opposition to MMA’s tactics of intimidation.

It could, of course, be argued that MMA is merely exercising its own free speech rights, and that is certainly true, but that fact need not strike dumb those people who, exercising their free speech rights, could and should criticize MMA’s tactics.

According to an AP story, the next step in the war against Limbaugh is a radio ad campaign in eight cities, using as a template MMA’s earlier campaign against Glenn Beck.  Meanwhile, the head of Media Matters, David Brock, is gloating about the negative impact his organization’s efforts are having on Limbaugh’s advertisers.

In a piece published in Politico, titled “Ad exodus dooms Limbaugh’s model,” Brock says he is confident, “seeing the reaction over the previous two weeks, that sponsors will take their ad dollars elsewhere.”  He also says, in a sentence sure to be admired by fanatics and totalitarians everywhere, that MMA “along with numerous other groups, have begun to educate (emphasis added) advertisers about the damage their financial support of Limbaugh’s program can do to their brands.”

Looking beyond the campaign against Limbaugh per se,one can see that if this kind of thing persists it won’t end well for freedom of speech.  Already, for instance, a piece in the American Spectator calls for Rush admirers to contact those of Limbaugh’s advertisers who have dropped his show, the kind of thing that, along with campaigns like MMA’s, may in time have the practical effect of moving advertisers out of radio altogether.

In addition, there’s the distinct possibility that conservative groups will ape the tactics used against Limbaugh, and begin themselves to use advertiser intimidation and/or government policy to effectively shut down speech they don’t like.  Just last week Brent Bozell, head of the conservative media watchdog group Media Research Center, which has used both tactics in the past, said of the MMA campaign: “We all have free speech.”

As mentioned at the outset, there’s a little bit of light breaking through the gloom of this matter.  Though he doesn’t reference the Limbaugh affair, liberal law professor Jonathan Turley penned a piece in the Los Angeles Times this month titled “Free speech under fire,” in which he bemoans the fact that “Western nations appear to have fallen out of love with free speech and are criminalizing more and more kinds of speech through the passage of laws banning hate speech, blasphemy, and discriminatory language.”

At about the same time, liberal icon Michael Kinsley wrote a piece for Bloomberg titled “Case Against Case Against Rush Limbaugh.”  Among other poignant observations, Kinsley says this:

Do we want conservatives organizing boycotts of advertisers on MSNBC, or either side boycotting companies that do business with other companies who advertise on Limbaugh’s show, or Rachel Maddow’s?…

As we all know, Limbaugh’s First Amendment rights aren’t involved here – freedom of speech means freedom from interference by the government.  But the spirit of the First Amendment, which is that suppressing speech is bad, still applies.  If you don’t care for something Rush Limbaugh has said, say why and say it better.

In a perfect world, one wouldn’t need to be a policy wonk or a constitutional expert to understand the wisdom in this. But in this world, who knows?                                             

                                               

This piece was first published in TVNewsCheck on March 26, 2012. The views expressed above are those of the writer and not those of The Media Institute, its Board, contributors, or advisory councils.

 

Orts and All

Regulating the ’Net.  Much has been alleged in recent days about the risks to the independence of the Internet were the copyright bills currently before Congress to become law.  As mentioned here and here, the most extravagant of these allegations are flummery of the first water, but copyright issues aside, the ’net is indeed on the cusp of a significant transformation.

Evidence of this can be seen in the actions of the FCC, whether on its own initiative or by its implementation of regulations after passage of legislation into law.  The Commission’s codification of  "net neutrality" rules was the first example of the Internet’s capture.  The action currently underway by the FCC to promulgate regulations re the 21st Century Communications and Video Accessibility Act, a law which, among other things, mandates captioning for online video, is another.

Goes without saying that making online video accessible to the deaf is a nice thing to do, and for many that’s the end of the story.  But people who are familiar with the way laws and regulatory policies evolve know that things like these have a precedential impact in Congress, the courts, and the regulatory agencies, and that very often these precedents are then offered up in justification of other laws or rules that are not so nice.

In any case, the point here is that it’s already too late in the day for people who have an idealistic interest in the Internet to fret the future loss of its independence.  Thanks to the majority at the FCC and/or in Congress, the Internet’s pristine independence has already been lost.

Media Matters.  The organization called Media Matters for America, which exists to demean and (where possible) destroy conservative journalists and organizations like FOX News, has now come out with a contrived accusation against George Will.

The gravamen of MMA’s contrivance is that, as a Board member of a conservative grant-giving group (the Bradley Foundation), Will should be required to mention this connection whenever he writes about or cites the work of any of the groups to which Bradley contributes!

Given that Bradley funds a very large number of conservative think tanks and other enterprises, this would mean, as a practical matter, that Will would have to include this disclosure pretty much all the time since he is, after all, a conservative himself and cites these organizations’ work frequently.

As the Washington Post’s executive editor put it, in reply to a request from MMA for comment: “Is it seriously a surprise to you that George Will quotes experts from conservative think tanks more often than he quotes experts from liberal think tanks?”

What a relief! The latest news is that Keith Olbermann, who is faithfully viewed nightly by at least 16 people, may be staying on at Current TV, a network that captures the imagination of dozens.  

It’s been a close call for the past few days, but as this is being written word is out that Olbermann and management of Current, who have been at loggerheads over something or other, have resolved their differences.  So a country that has been paralyzed with fear that things might not work out can breathe again. What a happy day.

                                  

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.

 

We’re All Centrists Now

The excitement is almost more than a person can bear.  From one corner of medialand to the other, progressives are on the march!  From out of New York comes the report, sure to send a frisson through who knows how many strange people, that Keith Olbermann is joining Al Gore’s Current TV.  As Olbermann’s PR firm put it: “He and his new partners will make an exciting announcement regarding the next chapter in his remarkable career.”  Remarkable indeed, since if codswallop were diamonds, Olbermann would be the shiniest man on television.

Meanwhile, Arianna Huffington, than whom no one better amalgamates progressive politics and uber commercialism, just sold the Huffington Post to AOL for more than $300 million.  And as for those cranks who have qualms about AOL acquiring a property with HuffPo’s pronounced political slant, not to worry, because Arianna says it isn’t “left” since only 15 percent of the site’s traffic goes to the politics section.

Indeed, Huffington’s denial of being a purveyor of liberalism is a familiar refrain these days.  Over at the New York Daily News, Josh Greenman recently wrote that the success of Rush Limbaugh, the Drudge Report, and Fox News proves the nonexistence of the “dominant liberal media,” while John Harris, the editor of Politico, has opined on the subject in print and on the air.

Interviewed on Hugh Hewitt’s radio show last month because he wanted “to rebut” Hewitt’s earlier claim that Politico has veered left in the last two years, Harris mostly avoided answering Hewitt’s questions, and this week published an essay in Politico where he claimed that most reporters “might more accurately be accused of centrist bias.”

So what to make of all this?  Why the rush to deny liberalism and lay journalistic claim on the center?  Several theories present themselves.  The first is opportunism and the second is obfuscation.  Beyond these lurk other possibilities, such as: (1) that certain reporters see the political handwriting on the wall and want not to be seen as among the victims; or (2) that many political reporters just don’t get it; that when they say, as Harris says in his Politico piece, that they “believe broadly in government activism” they’ve just conceded conservatives’ principal complaint, and cannot then go on and blithely characterize that stance as “centrist.”

The ideological composition of the citizenry differs by country, but in the USA the math is clear: There are at least twice as many conservatives as liberals, and not to take anything away from Rush Limbaugh, Matt Drudge, or Roger Ailes, this is the primary reason for their success: They have delivered products that appeal to a large number of people whose views are, and have been, badly underrepresented by the vast majority of news organizations, political reporters especially.
                                       
The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.

‘Citizens United and Its Critics’

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

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

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

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

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

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

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

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

The 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 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.