Early Voting Brings New Media Challenges In Advertising and Editorial Endorsements

From shifting commercial placements to premature newspaper endorsements, this year’s early balloting procedures are having a massive effect on media operations.  Political strategists are figuring out how and more importantly when to place ads in this unprecedented season of extensive early voting. 

The Halloween weekend deluge of campaign ads just before Election Day on Nov. 3 may be meaningless if up to half of voters have already cast their ballots.  In a related vein, the ripple effect of advertising decisions also affects ad timing for down-ballot races, where voters may need more coaxing.

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Free Speech Week: Celebrating, Reflecting

Free Speech Week has always been a time to celebrate freedom of expression. This year, however, perhaps there should be an element of somber reflection amid the festivities. It’s worth remembering, after all, that the exercise of free speech can have life-or-death consequences in certain parts of the world. How thankful we should be that freedom of speech and freedom of the press can be exercised in this country without fear of such extreme retaliation.

The sad case of Jamal Khashoggi brings this into sharp relief. The disappearance and murder of the Washington Post contributing columnist, which the Saudis now admit occurred at the hands of their own operatives, happened just three weeks before Free Speech Week, October 22 – 28. He joins a long list of journalists from around the world who have disappeared or been killed while working in pursuit of the truth, who spoke out too stridently or too frequently against corrupt government leaders and their abuses of power.

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In ‘Media vs. Trump’ Battle, the President Has the People on His Side

It’s safe to say that nobody alive today has ever seen anything like it: A newly elected president who, so far from being a professional politician, says off-the-cuff things in conversation or midnight tweets that positively invite indignant responses – and a media and entertainment industry that has been loudly marching against him ever since he won the nomination.

The consuming question in these parts is less how it began than how it will end, and with what consequences. It’s pretty clear now that it’s open warfare between the White House and the mainstream media (MSM) – the New York Times, Washington Post, and CNN in particular – and Hollywood.

Of course it could come to an end with a kind of detente with no clear winner, but that seems unlikely given the hubris of the combatants. So it probably comes down to one of two results: (1) The president is undone politically by GOP defections or through impeachment proceedings; or (2) Trump and his supporters engineer an anti-media campaign with teeth, causing the media to back down.

Everyone is familiar with the practice of activists harassing advertisers, starting letter-writing campaigns, picketing the homes and offices of businesses and executives, and promoting boycotts » 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 March 2, 2017.

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 First Amendment and Free Speech Under Assault

If you’re not alarmed by the assault on the First Amendment and free speech generally, you’re not paying attention.

Consider the list of offenses committed by the government.  They range, in recent times, from the Department of Justice’s spying on the phone records of reporters at the Associated Press, to the National Security Administration’s domestic call tracking, and from the IRS’s targeting of conservative nonprofit organizations, to the suggestion by the ranking Democrat on the Federal Elections Commission that political speech on the Internet should be regulated.

Other examples include the Obama Administration’s resistance to Freedom of Information Act requests, as documented in a study by the AP, and the issuance, by the CIA, of a subpoena to James Risen of the New York Times, demanding the identity of one of his confidential sources.

The party-line passage, by the Federal Communications Commission, of its so-called “Net Neutrality” regulations is another example.  In addition to inaugurating the regulation of the formerly unregulated Internet, the Title II approach adopted is certain, as FCC Commissioner Pai has warned, to open the door to attempts to use this regulation for purposes that, both intended and unintended, undermine free speech.

The most recent example of governmental speech suppression is the subpoena served on the online version of Reason magazine by the U.S. Attorney’s Office for the Southern District of New York.  The subpoena, which for a time came with a gag order, demanded to know the identity of a handful of commenters that, angry about the life sentence handed down to the founder of the drug trading site, Silk Road, wrote denunciations of the judge who presided over the trial.

An example of one of the comments that occasioned the U.S. Attorney’s subpoena for the identification of that commenter: “I hope there is a special place in hell reserved for that horrible woman.”

So there it is.  Your taxpayer dollars at work!  And not just by a few bureaucrats, but by a veritable army of them: DOJ, NSA, CIA, IRS, FEC, FCC.  As Everett Dirksen might have put it, an agency here and an agency there, and pretty soon you’re talking about some real government.

Making matters worse and infinitely more depressing is the assault on free speech being committed by people wielding the bludgeon of political correctness, a concept that from the beginning symbolized the very opposite of free speech.

The venues of choice for the PC speech police are mainly the media (social media especially) and college campuses, and 2014 was a banner year for such stuff.

Take, for instance, the petition generated by two “climate change” groups in February of last year.  Having collected 110,000 names, the groups demanded that the Washington Post stop publishing “editorial content denying climate change.”  The Post refused, but the Los Angeles Times happily adopted a policy that was similar to what the groups were demanding.

And then, of course, there are the campuses.  Last year’s examples of campus “disinvitation” campaigns against speakers such as Ayaan Hirsi Ali, Condoleeza Rice, and Christine Lagarde have been widely chronicled, but the beat goes on.

In its 2015 Spotlight on Speech Codes, the Foundation for Individual Rights in Education (FIRE) found that 54 percent of some 400 public colleges and universities it sampled maintain speech codes that violate the First Amendment.

FIRE’s response to this state of affairs has been to create a free speech litigation program that threatens offending colleges and universities with legal action, and the organization has had some notable successes.  But it’s doubtful that legal action alone will put the brakes on a concept that’s never depended on the law for its foundational principles or propagation.

Incubated on campus by activists and ideologues, and disseminated through the media, half-baked theories like “white privilege” and “microaggressions” and practices like “trigger warnings” and “speech codes” need to be challenged in those same venues by arguments based on logic, history, and science.

Absent this, and without congressional action to rein in the out-of-control federal agencies, free speech in the United States is at risk of becoming a dead letter; extant in the Constitution but without force or meaning.

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

We Are Not Charlie. We Are Weak.

The worst aspect of the Charlie Hebdo affair is that human beings were murdered for practicing free speech.  A distant second is the way this affair, and the earlier hacking of the Sony Pictures studio, has exposed the pieties and inadequacies of so much of the media.

Speaking the other day at the Consumer Electronics Show, Kazuo Hirai, CEO of Sony Corp., is reported to have said that he was proud “of all of the employees of Sony Pictures for standing up against the extortionist efforts of those criminals that attacked” the company.

Really?  No acknowledgment that the studio belatedly moved to release the film only after being criticized by virtually everyone in the country up to and including the president?

And despite the happy profusion of “Je Suis Charlie” displays, what has been the response of American media companies to that monstrous act?  As reported in Politico on Jan. 7, CNN senior editorial director, Richard Griffiths, sent a message to CNN staff saying, among other things, that “Video or stills of street protests showing Parisians holding up copies of the offensive cartoons, if shot wide, are OK.  Avoid close-ups of the cartoons that make them clearly legible.”

And here, according to a piece in Rolling Stone, is the way the Associated Press described its decision regarding the Hebdo cartoons: “We’ve taken the view that we don’t want to publish hate speech or spectacles that offend, provoke or intimidate, or anything that desecrates religious symbols or angers people along religious or ethnic lines. …  We don’t feel that’s useful.”

Even the Hollywood bible, Variety magazine, adds to the general alarm:

A brutal attack on French satirical magazine Charlie Hebdo over cartoons depicting the prophet Mohammed has jolted Hollywood, escalating concerns by artists and producers that major studios and networks may avoid greenlighting movies and TV shows with potentially inflammatory content….

Freedom of speech is under attack, but, given Sony’s initial decision to pull the release of The Interview and its subsequent about-face, it’s not clear how rousing a defense the entertainment business is willing to mount in the midst of financial pressures, political dangers, and the threat of violence.

Making matters incalculably worse is the fact that the most immediate threats to free speech in this country don’t come from abroad, but from here at home.  As described three years ago by Jonathan Turley in the Washington Post, we are witnessing the censoring of speech under one of four rationales: Speech is blasphemous; Speech is hateful; Speech is discriminatory; Speech is deceitful.

Shortly after the Sony affair broke open, Ross Douthat, the loneliest and bravest journalist at the New York Times, wrote one of the most powerful paragraphs about that, and related, matters:

Of course it had to escalate this way.  We live in a time of consistent gutlessness on the part of institutions notionally committed to free speech and intellectual diversity, a time of canceled commencement invitations and CEOs defenestrated for their political donations, a time of Twitter mobs, trigger warnings and cringing public apologies.  A time when journalists and publishers tiptoe around Islamic fundamentalism, when free speech is under increasing pressure on both sides of the Atlantic, when a hypersensitive political correctness has the whip hand on many college campuses.

So why should anyone be remotely surprised when Kim Jong-un decided to get in on the “don’t offend me” act?

So what to do?  Enforcement of the First Amendment won’t suffice because it only proscribes governmental abridgement of free speech, and only, of course, in the United States.

Here are a couple suggestions.  The next time you read or hear something that you think is truly awful, moronic, hateful, or false, send a comment by email, text, or social media stating your objections but also saying that you respect the right of the offending party to speak his or her piece.

And when you hear of some group or individual threatening advertisers with boycotts for advertising on programs they don’t like, contact those same advertisers yourself and let them know that you have a different view.

In the end, free speech can be guaranteed, if at all, not by the press or government, but only by the people.

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  This article was originally published here in the online edition of USA Today on Jan. 15, 2015.

Free Speech Week: Not a Moment Too Soon

With two and a half months still to go, 2014 has been one of the toughest years on record for freedom of speech in the USA.

In February, for instance, two “climate change” groups collected 110,000 names on a petition they then sent to the Washington Post.  The petition demanded that the Post stop publishing “editorial content denying climate change.”  In a press release issued by one of the groups, columnists George Will, Charles Krauthammer, and the Volokh Conspiracy blog were singled out by name as “climate change deniers.” Happily, the petition went nowhere, though the Los Angeles Times has adopted an editorial stance similar to what the petitioners demanded of the Post.

In March, Kickstarter, the crowd-funding site, demanded that the producers of an anti-abortion film about convicted abortionist Kermit Gosnell remove from their proposal vivid language about the way Gosnell went about his work. Kickstarter said the language in the proposal went against its “Community Guidelines.”  One day after the producers refused, and loudly took their proposal to another crowd-funding site, Kickstarter said it would allow the proposal, and later said it was amending its guidelines.  Too late.  To date the film has raised over $2 million on the competing crowd-funding site, Indiegogo.

April was an especially busy month for the nation’s speech police.  On April 3, Brendan Eich resigned his position as CEO of Mozilla Corporation.  Eich had been roundly attacked on social media, and by LGBT activists, for a contribution he made six years earlier to California Proposition 8, which sought to establish that only a marriage between a man and a woman could be recognized as valid in that state.

Five days later, on April 8, Brandeis University reversed its decision to award an honorary degree to women’s rights activist Ayaan Hirsi Ali, following heated criticism of the award to her by the Council on American-Islamic Relations and the Arab American Institute.  As a young Muslim woman, Hirsi Ali endured genital cutting and later wrote the screenplay for the film “Submission,” which was critical of the way Muslim women are treated. Defending the decision, the president of Brandeis said that Hirsi Ali was free to come to the campus “to engage in dialogue” but that there is a difference between having a provocative speaker on campus and awarding an honorary degree.

Things proceeded apace in May, with Condoleezza Rice and Christine Lagarde being targets of opportunity for local censors.  The former secretary of state withdrew from a commencement address at Rutgers after student and faculty protesters criticized her role in the Iraq war.  (We can only wonder if, a few years from now, the same students and faculty will protest campus addresses by members of the Obama Administration for their role in the bombing of ISIS.)

And Lagarde, the managing director of the International Monetary Fund, withdrew as commencement speaker at Smith College following the appearance of an online petition objecting to her role, at the IMF, in strengthening “imperialist and patriarchal systems.”

The media’s own PC patrols were out in June, as the struggling St. Louis Post-Dispatch used its mischaracterization of a George Will column as an excuse to drop the columnist altogether.  Will had argued, in a piece titled “Colleges become the victims of progressivism,” that colleges were opening themselves up to litigation in cases where allegations of sexual assault deny due process to those accused.  The paper’s editorial page editor, no friend of conservatives, averred that Will’s column caused hurt among people in the social media and some female friends of his … or that Will was past his prime, take your pick.

The months of July and August were relatively free of such fireworks, presumably because the PC too need a vacation, but the current month has already been marked by more of the same.  On Oct. 6, for instance, Scripps College, a women’s liberal arts institution and one of the five undergraduate colleges that comprise Claremont Colleges, disinvited George Will from delivering an address as part of a program that was designed to bring prominent conservatives to the Scripps campus.

Will’s offense?  The same column he wrote last summer about sexual assault on campus.  In the inscrutable words of the Scripps president: “Sexual assault is not a conservative or liberal issue.  And it is too important to be trivialized in a political debate or wrapped into a celebrity controversy.”  One assumes, on reading such stuff, that the Scripps president was engaging in some kind of liberal arts equivalent of speaking in tongues.

Interestingly, the Scripps president doesn’t appear to honor the distinction made by the Brandeis president – that there’s a difference between allowing someone to speak on the one hand, and giving that person an award on the other – but who’s to question disagreements between such giants?

Ensuring that October will not go out like a lamb, no matter what happens from now until the end of the month, comes the latest brouhaha, an attempt by the City of Houston to subpoena sermons delivered in five area churches by pastors who oppose passage by the Houston City Council of the Houston Equal Rights Ordinance (HERO).

After the city disqualified a petition by opponents to put HERO to a referendum, some of the petition organizers filed a suit against the city; in response Houston and its pro bono attorneys subpoenaed the sermons and other information from the five churches, though none of the five was among the groups suing the city.

It is (or was) the city’s position that the subpoenas are a legitimate tactic in the discovery process, but since the mayor and the city attorney have now reversed themselves and say that they think the subpoenas are overbroad, it’s not at all clear where this matter will end, most likely in the withdrawal or quashing of the subpoenas.

October 20 begins the start of the annual celebration called Free Speech Week.  As demonstrated by events to date this year, one hopes it will grow and gain traction.

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

The Udall Amendment: When Politics Mean More Than the Constitution

It came as no surprise when, in June, Tom Udall (D-N.M.) and 41 other U.S. senators, Democrats all, proposed a campaign finance amendment to the U.S. Constitution.  Ever since the Supreme Court’s Citizens United decision in 2010, Democrats and their surrogates in the media and allied advocacy groups, worried that the case would work to their political disadvantage, have been on a mission to find some way around it.

So what’s the amendment all about?  S.J. Resolution 19, as it’s called, proposes to allow Congress to regulate contributions to candidates for federal office, and to extend similar power to the states for candidates running for state office.

Language in the joint resolution avers that it would amend the Constitution “relating to contributions and expenditures intended to affect elections.”  But as Floyd Abrams, easily the most distinguished First Amendment expert of our time, said in congressional testimony, the amendment would have been more revealing and accurate if it had said that “it relates to limiting speech intended to affect elections.”

And there, of course, is the rub, since the most highly protected form of speech is political speech.  For the Senate sponsors of this amendment to have clearly and unequivocally stated its impact would have required more candor than they possess, and in addition put themselves in direct conflict with the First Amendment, as found in caselaw, and free speech, as understood by people generally.

Given that this amendment stands no chance whatsoever of making it past all the hurdles that stand in the way (2/3 majorities in both the House and Senate, and ratification by 3/4 of the states), one might wonder why the effort is being made, or why anyone should even bother talking about it.

The answer to the first question is that it’s an election stunt meant to rally the Democratic “base,” while the answer to the second is that sponsorship of this amendment shows that when politicians fear for their own, or their party’s, chances at the ballot box, anything, even the trashing of the most important part of the Bill of Rights, is fair play.

Much as the primary villains in this affair are Democrats and their allies, things might not have gone this far but for the shabby reporting and commentary that has come in the wake of the Citizens United decision.  As detailed in a piece published in Mediaite by Dan Abrams, even mainstream media like the Washington Post and New York Times have made egregious errors in their references to this case:

But reading the New York Times, Washington Post, and watching MSNBC in particular, it is hardly surprising that the public would be confused.  On January 9 (2012), in a front-page piece on the influence of Newt Gingrich supporter Sheldon Adelson, the Times inaccurately reported that Adelson’s $5 million donation to a pro-Gingrich Super PAC “underscores” how the Citizens United case “has made it possible for a wealthy individual to influence an election.” … The opinion, in fact, did nothing of the sort….

The Washington Post has done no better.  On January 11 (2012), Dana Milbank, writing of Adelson’s $5 million donation … asserted that it was “the Supreme Court’s Citizens United decision which made such unlimited contributions possible.”

In fact it was the 1976 case, Buckley v. Valeo, which established the right of wealthy individuals to spend unlimited amounts of their own money for independent political speech.

Some critics of Citizens United point out that with this case the Court undid some earlier decisions, most importantly a challenge in 2003 to the so-called McCain-Feingold law (McConnell v. FEC), where the Court narrowly upheld the constitutionality of that law.

But several years before Citizens United, the Court largely nullified a major section of its McCain-Feingold decision when it ruled, in FEC v. Wisconsin Right to Life, that unless an “issue ad” expressly urged the support or defeat of a candidate it was unconstitutional to forbid its airing on TV close to the time of a primary or general election, something forbidden by McCain-Feingold, and the very issue that was at the center of Citizens United.

Finally, many advocates of campaign finance regulations have mocked the Citizens United decision for empowering corporations with First Amendment-protected free speech rights. But in fact the cases that confirmed First Amendment protection for corporations are decades old, most notably Central Hudson in 1980.

It would be possible to have an honest debate about the constitutionality of campaign finance laws, but not when the facts are twisted and the true motives of the disputants hidden from view.

 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 was first  published by USA Today, on July 13, 2014.

Dropping George Will Is a Bad Way To Arrest That Subscriber Decline, Post-Dispatch

Even as such things are becoming commonplace, the sacking of George Will’s syndicated column by the St. Louis Post-Dispatch sets a new low in mainstream journalism’s race to the bottom.

In case you’re unfamiliar with the situation, Will wrote a piece (“Colleges become the victims of progressivism”) in which he ridiculed, in the context of a new Education Department mandate, some phony math and dubious cases being cited to demonstrate that America suffers from a rape epidemic.

Will’s larger point was that the DOE mandate threatens the loss of federal funding to colleges that do not institute a “preponderance of the evidence” standard when adjudicating allegations of sexual assault.  This, he wrote, would inevitably lead to costly litigation “against institutions that have denied due process to males they accuse of what society considers serious felonies.”

Elsewhere in his article, Will also points to the growth of campus speech codes and the idea, on some campuses, of the need for “trigger warnings” on college textbooks that feature language or concepts as might “victimize” unwary students.  Will contrasts these developments – none of which are much resisted by college faculty and administrations – often they’re welcomed – with those same colleges’ anger at another prospective DOE program, a rating system that would compare schools on things like graduation rates, student debt, and earnings after graduation.

Will concludes his piece with this: “What government is inflicting on colleges and universities, and what they are inflicting on themselves, diminishes their autonomy, resources, prestige and comity.  Which serves them right.  They have asked for this by asking for progressivism.”

So that’s it.  That’s what the piece is about.  But not to one Tony Messenger, the editorial page editor at the St. Louis Post-Dispatch.  To Mr. Messenger, Will’s column “was offensive and inaccurate,” for which apologies were in order, and sufficient grounds for dropping his column from the paper permanently.  And what, precisely, was the offensive and inaccurate thing to which Messenger objected?

Well, as reported by the Washington Post’s Erik Wemple, it was: “Seeing the reaction and intensity of the hurt in some of the social media and the reaction of women I know and talking to people who really were offended by the thought that sexual assault victims would seek some special victimhood – it helped seeing that response and it informed my [Messenger’s] opinion.”

Against the slim chance that anyone wonders about it, the St. Louis Post-Dispatch has a long record of supporting liberal and Democratic priorities, which means that Tony Messenger fits right in.  He routinely bashes the Missouri Republican Party, often harshly, and champions every liberal cause that comes his way.

Because it’s not nice to pick on the weak, it wouldn’t be right here to speak about Messenger’s abilities in and of themselves, except perhaps to say that somewhere between his brainpan and his mouth there are little walls that prevent him from making sense when speaking.  You can witness this yourself, and in fact it’s recommend just for the humor, by checking out Messenger’s interview, available on YouTube, with a fellow named Lee Presser (“A Conversation with Tony Messenger”).  Videotaped in 2012, not long after Messenger was hired, it’s almost comic how Messenger filibusters the hard questions while still managing to back himself into rhetorical cul-de-sacs.

One such is his claim that a unique feature of his paper’s editorial page setup is its insulation from the publisher.  This, because of a special editorial board that meets regularly.  Asked by Presser who sits on that board, Messenger says it’s him, two guys who report to him, plus the editor-in-chief, who Messenger reports to, and the guy the editor reports to, the publisher.

Apart from the substantive nature of this matter, and Messenger’s personal shortcomings, there are many smaller ironies.  One is that George Will is the recipient of a Pulitzer prize, named after the former owners of the St Louis Post-Dispatch.  (It and some other newspapers were purchased from Pulitzer by Lee Enterprises for $1.5 billion, a few years after which Lee Enterprises filed for bankruptcy.)

Another is the fact that, from 2010 through the end of 2012, the Post-Dispatch’s circulation dropped from 213,472 to 178,801, while the Sunday paper dropped from over 400,000 readers to 299,000.  At the same time the paper routinely excoriated Republicans and the Republican Party, which today controls both the Missouri House and Senate by more than 2-to-1 majorities.

Asked by Presser in the aforementioned YouTube video why so many people say they no longer read the paper because of its transparent political bias, Messenger’s answer (trimmed of its fat) was that such people are confused, and that they should remember they can always write letters to the editor.

Yes, that’s it exactly.

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 was first published here on The Daily Caller on June 23, 2014.