Tag Archives: New York Times

Trump did not say the 14th Amendment is unconstitutional

(Courtesy of the Byrom-Daufel family) Most 19th Century Chinese immigrants were single men, but a few families lived in the Portland area. The Byrom-Daufel family of Tualatin retained this portrait, but descendents no longer have the Chinese family name. Scan from print.

Chinese immigrants in Oregon. Birthright citizenship dates to 1898, when the Supreme Court cited the 14th Amendment in overturning a California law. Photo published by The Oregonian, courtesy of the Byrom-Daufel family.

My Facebook feed is filling up with posts from liberal friends informing me that Donald Trump is, among many other bad things, an ignoramus when it comes to the Constitution.

Trump allegedly stepped in it on Tuesday, telling Bill O’Reilly of Fox News that the 14th Amendment wouldn’t necessarily impede his rather horrifying proposal to deny citizenship to the children of undocumented immigrants born in the United States.

Cue the outraged headlines. “Donald Trump says 14th Amendment is unconstitutional” is the takeaway at Yahoo Politics. Or consider this, from Politico: “Trump to O’Reilly: 14th Amendment is unconstitutional.” Or Mother Jones: “Trump: The 14th Amendment Is Unconstitutional.”

Of course, it’s fun to think Trump is such a buffoon that he doesn’t realize something that’s part of the Constitution can’t be unconstitutional. All he’d need to do is spend a few minutes watching “Schoolhouse Rock!” videos on YouTube to disabuse himself of that notion.

But that’s not what Trump said. In fact, Trump made the perfectly reasonable assertion that the federal courts may be willing to revisit how they interpret the 14th Amendment. Trump told O’Reilly:

Bill, [lawyers are] saying, “It’s not going to hold up in court, it’s going to have to be tested.” I don’t think they have American citizenship, and if you speak to some very, very good lawyers, some would disagree…. But many of them agree with me — you’re going to find they do not have American citizenship. [Quotes transcribed by Inae Oh of Mother Jones, whose story is more accurate than the headline under which it appears.]

Birthright citizenship is not exactly a new issue. Jenna Johnson of The Washington Post noted earlier this week that, back in the early 1990s, none other than future Senate Democratic leader Harry Reid supported reinterpreting the 14th Amendment in order to end automatic citizenship — thus confirming a remark made on the campaign trail by Scott Walker, one of several Republican presidential candidates who have joined Trump in opposing it.

In searching the archives, I couldn’t find a specific reference to Reid. But The New York Times reported in December 1995 that House Republicans and some Democrats supported an end to birthright citizenship, with most arguing that a constitutional amendment would be needed and others claiming that legislation would suffice. Any attempt to enforce such legislation would have triggered exactly the sort of court challenge that Trump envisions.

And it’s not as though the 14th Amendment has stood immutable over time. After all, it wasn’t until 1954 that the Supreme Court ruled, in Brown v. Board of Education, that the amendment’s guarantee of “equal protection of the laws” forbade segregation in the public schools.

Birthright citizenship was recognized by the Supreme Court in 1898, three decades after enactment of the 14th Amendment. In that case, according to the 1995 Times article, the court overturned a California law that had been used to deny citizenship to children born in the United States whose parents were Chinese immigrants.

Trump’s rhetoric represents the worst kind of nativism, and he should be held to account for his words. But what he’s actually saying is bad enough. When the media exaggerate and distort, they hand him an undeserved victory.

Also published at The Huffington Post.

New York Times: We got it right on ‘culling’ the staff

As I wrote Monday, I thought the most significant part of Nick Ciubotariu’s post in defense of Amazon was his flat-out denial that the company fires a certain number of employees every year as a way of “culling” the staff. So I want to note that The New York Times is now asserting that its reporting is correct and that Ciubotariu is simply wrong:

His points contradicted the accounts of many former and current colleagues, and some of his assertions were incorrect, including a statement that the company does not cull employees on an annual basis. An Amazon spokesman previously confirmed that the company sought to manage out a certain percentage of its work force annually. The number varies from year to year.

The responses to the Times’ megastory on Amazon’s workplace environment, reported and written by Jodi Kantor and David Streitfeld, continue to roll in. Here are a few — none of them long — that I think are worth your time.

At Fortune, Mathew Ingram argues that though the Times’ reporting may be accurate, it lacks context. “For some, it is probably a cruel place where they [employees] feel unwelcome, and their performance is judged more harshly than they would like,” Ingram writes, “but for others I expect it is a challenging environment that makes them do things they might not have even thought they were capable of.”

Ingram also makes an important point that I couldn’t help but notice as I was reading the Times opus: an underlying dismissiveness of Amazon because it’s a mere retailer (not actually true, but whatever). Ingram puts it this way:

I think part of the reason that Amazon gets singled out is that it is seen as just a retailer, not a company like Apple that is making magical products to improve people’s lives or fill them with joy. This tone runs throughout the New York Times piece, which talks about how employees are subjected to inhuman treatment “with words like ‘mission’ used to describe lightning-quick delivery of Cocoa Krispies or selfie sticks.” The implication is that selling things somehow isn’t a worthwhile goal.

Buzz Machine blogger Jeff Jarvis thinks the Times article lacks balance, and says that though it did manage to take note of the fact that Amazon chief executive Jeff Bezos also owns The Washington Post, more emphasis should have been placed on the Times’ rivalry with the Post.

“The Times did not say until halfway down its very long piece that Amazon founder Jeff Bezos owns the Washington Post, which some say is closing in on The Times,” Jarvis writes. “The problem at a moment like this is that once one starts to believe The Times might have an agenda, one is left trying to suss out what it might be.”

Former Poynter faculty member Bill Mitchell, a colleague of mine at Northeastern, praises the Times article for its use of on-the-record sources rather than relying on anonymous whispers. “I don’t recall an anonymous source amid the 6,700 words,” he writes. Actually, there are a few, but he’s right that the story is better documented than many such stories.

Mitchell also hails the Times for its “even-handed tone,” which I find interesting mainly because of how different readers interpret the same material in different ways. I thought the Times article was overwhelmingly negative, and that the Amazon employees and officials who spoke favorably about the company were cast in the role of corporate stooges.

Anyway, much to chew over — as there should be given Amazon’s role as a paradigm of the new economy.

Making sense of The New York Times’ Amazon exposé

2789374419_035708cbfd_oBecause I’m working on a book that deals in part with how Amazon founder and chief executive Jeff Bezos is transforming The Washington Post, I read The New York Times’ account of Amazon’s brutal workplace environment with great interest.

Reporters Jodi Kantor and David Streitfeld portray a company in which high-ranking employees are regularly reduced to tears, in which everyone is encouraged to drop anonymous dimes on one another, and in which a culture of 80-hour-plus work weeks is so ingrained that nothing — not even serious health problems — must be allowed to interfere.

This story is still playing out, but I have a few preliminary observations.

First, very little in the Times story will surprise anyone who read Brad Stone’s 2013 book “The Everything Store: Jeff Bezos and the Age of Amazon.” Stone goes into great detail about what a difficult place Amazon is to work. A key difference is that Stone, unlike Kantor and Streitfeld, is at least somewhat sympathetic to Bezos and understands that he and his team have built something truly remarkable.

Second, the Times article did not convince me that the culture of Amazon is uniquely awful. If you’ve read Walter Isaacson’s biography of Steve Jobs, you know that the upper reaches of Apple could be pretty hellish back when Jobs was ranting and raving. Occasionally you hear stories along similar lines about other tech companies. Would you want to run afoul of Mark Zuckerberg, Larry Ellison or Steve Ballmer?  We’re also talking here about a special kind of white-collar, highly educated hell among people who could easily leave and work elsewhere. How about working as a clerk at Wal-Mart? Or as a farm laborer in California?

Third, some of the details in the Times article are being disputed. Nick Ciubotariu, a high-ranking engineer at Amazon, has written a long response to the Times article defending his company. It’s a mixed bag that will provide fodder for Amazon’s critics and defenders alike. Some of it is mind-bending, such as this: “No one is ‘quizzed’ — the quiz is totally, 100% voluntary.” Huh?

Some of it, though, is worth pondering. Ciubotariu, a newish employee (he’s been there 18 months), writes that he has heard the Amazon culture has improved in recent years, and he accuses the Times of relying on old stories from former employees. That has some resonance, as Stone in “The Everything Store” describes Bezos’ halting efforts to curb some of his excesses.

But Ciubotariu also offers specific denials of some of the Times’ assertions, including the most toxic one of all — that a certain number of employees are fired every year as a deliberate management practice. Here’s how the Times puts it: “Losers leave or are fired in annual cullings of the staff — ‘purposeful Darwinism,’ one former Amazon human resources director said.”

Here’s Ciubotariu: “There is no ‘culling of the staff’ annually. That’s just not true. No one would be here if that actually took place and it was a thing.”

At Re/code, Peter Kafka reports that Bezos himself has responded in a memo to his employees, urging them to read both the Times story and Ciubotariu’s response. Bezos writes in part:

The [Times] article goes further than reporting isolated anecdotes. It claims that our intentional approach is to create a soulless, dystopian workplace where no fun is had and no laughter heard. Again, I don’t recognize this Amazon and I very much hope you don’t, either.

I am sure that we haven’t heard the last word.

Photo (cc) by Luke Dorny and published under a Creative Commons license. Some rights reserved.

Remembering the nine victims of the Charleston shootings

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Look at this image of the Emanuel African Methodist Episcopal Church‘s home page. Nothing has changed since the horrifying murders of nine people Wednesday evening. The site also includes this quote from Sister Jean German Ortiz, who, I assume, is or was a member of the church: “Jesus died a passionate death for us,  so our love for Him should be as passionate.”

They died passionately for our sins — we, the inheritors and conservators of a Confederate-flag-waving, gun-drenched culture that has only partly come to terms with our legacy of slavery and racism. The Washington Post has sketches of each of the nineSharonda Coleman-Singleton, DePayne Middleton Doctor, Cynthia Hurd, Susie Jackson, Ethel Lance, Clementa C. Pinckney, Tywanza Sanders, Daniel Simmons and Myra Thompson. Sadly, with the possible exception of Rev. Pinckney, we’ll have an easier time remembering the name of the shooter, Dylann Storm Roof. There’s only one of him, and in any case evil holds our attention more easily than good.

I’m not sure why this terrible crime would spark any disagreements other than the inevitable disagreement over guns. But for some reason people are debating whether this is a “hate crime” or an act of “terrorism.” It strikes me that it’s obviously both — a home-grown act of terror committed by someone filled with hate.

But enough bloviating. Here is a short list of articles I’ve read that I hope will broaden our understanding.

I begin with our finest essayist, Ta-Nehisi Coates of The Atlantic, who has written an eloquent demand that South Carolina remove the Confederate flag immediately. He writes:

This moral truth [a reference to a speech by a Confederate politician] — “that the negro is not equal to the white man” — is exactly what animated Dylann Roof. More than any individual actor, in recent history, Roof honored his flag in exactly the manner it always demanded — with human sacrifice.

Too bad Gov. Charlie Baker’s initial reaction to a question about the Stars and Bars was so clueless. Dan Wasserman of The Boston Globe does a whole lot better.

The New York Times publishes a piece by Douglas R. Egerton, the biographer of Emanuel AME founder Denmark Vesey, on the history of the church — a history marred by numerous racist attacks, the most recent coming in 1963. Here’s Egerton:

For 198 years, angry whites have attacked Emanuel A.M.E. and its congregation, and when its leaders have fused faith with political activism, white vigilantes have used terror to silence its ministers and mute its message of progress and hope.

Egerton also links to a 2014 Times article on the unveiling of a statue of Vesey, who, along with 34 others, was executed following a failed slave rebellion. Incredibly, there were those who opposed the statue on the grounds that Vesey was a “terrorist.” Think about that if you hear anyone deny that Roof carried out an act of terrorism.

I’ll close with my friend Charlie Pierce, who posted a commentary at Esquire on Thursday that demonstrated tough, clear-eyed thinking at a moment when the rest of us were still trying to figure out what had just happened. Pierce writes:

What happened in a Charleston church on Wednesday night is a lot of things, but one thing it’s not is “unspeakable.” We should speak of it often. We should speak of it loudly. We should speak of it as terrorism, which is what it was. We should speak of it as racial violence, which is what it was.

Please keep the nine victims and their families in your thoughts today.

Why Brian Williams’ return will be a disaster for NBC News

Brian Williams

Brian Williams

I really don’t understand why the folks at NBC News think serial fabricator Brian Williams can be rehabilitated. CNN’s Brian Stelter reports that Williams’ second act could be announced as early as today.

Yes, Williams is receiving a significant demotion — he’s supposedly being shipped off to MSNBC, which had a nice run as the liberal alternative to Fox News before plunging into unwatched obscurity the past couple of years. But given that NBC News major domo Andrew Lack is reportedly seeking to revive MSNBC with an injection of actual news, how can a guy who set fire to his own credibility be part of that? As Jay Rosen put it on Twitter: “NBC has to explain how he’s lost the credibility to anchor the nightly news but still has the cred to do the news on MSNBC.”

Remember, we’re not just talking about Williams’ lies regarding his helicopter ride in Iraq. There have been multiple instances in which he overstated the facts or just made stuff up. The New York Times reports:

Almost immediately after the controversy erupted, NBC opened an investigation into Mr. Williams, led by Richard Esposito, the senior executive producer for investigations. Over the last several months it uncovered 10 to 12 instances in which he was thought to have exaggerated or fabricated accounts of his reporting, according to people familiar with the inquiry.

And just wait until one of Williams’ anonymous enemies posts a “closely held” clip reel on YouTube that is said to document his worst moments. The Washington Post has this to say:

The video, produced by the team of NBC journalists assigned to review Williams’s statements in media appearances, makes a vivid case against the anchor, according to people familiar with it, isolating a number of questionable statements Williams has made.

Professional cynic Michael Wolff told old friend Mark Leibovich recently that NBC never should have abandoned Williams in the first place. Rather, he said, the network’s executives should have done their best Roger Ailes imitation and defended him as aggressively as Fox News has defended its own business interests.

But this is stupidity masquerading as sagacity. NBC News is not the Fox News Channel. Fox’s product is right-wing talk. NBC News’ purported product is news, served up truthfully. In that market, Williams’ value plunged to zero or close to it within days of his exposure last winter. (The next person who says he would rather see Williams back in the anchor chair rather than Lester Holt will be the first.) I suspect Wolff knows that, but the man does enjoy being provocative.

As for Williams, he needs to leave journalism. And it’s not up to NBC to help him figure out how.

Photo (cc) by David Shankbone and published under a Creative Commons license. Some rights reserved.

Also published at WGBHNews.org.

‘Wife bonus’ story called into doubt. Shocking, eh?

CG-UOQ3XAAAb4wpI am shocked, shocked to learn that the “wife bonus” story has been called into question.

Last month I shared with my ethics class an opinion piece that appeared in The New York Times claiming, among other things, that some rich women on Manhattan’s Upper East Side were paid “wife bonuses” by their husbands based on “how well she managed the home budget, whether the kids got into a ‘good’ school — the same way their husbands were rewarded at investment banks.”

The article, by a “social researcher” who goes by the name Wednesday Martin, was based on her forthcoming book, “Primates of New York.”

Martin’s Times piece was, shall we say, remarkably thin. There was not a single named source who could provide direct evidence of the practice. Nor were there any experts cited who could talk about the phenomenon. Statistics? We don’t need no stinking statistics. My students and I agreed that this was worth keeping an eye on.

Well, well, well. The New York Post reported over the weekend that Martin’s claims may not actually be true. Or as the Post puts it in its headline, “Upper East side housewife’s tell-all book is full of lies.” And though “wife bonuses” are not one of the “lies” exposed by the Post, its veracity appears to be on shaky ground. Here’s what Martin wrote in the Times on May 16:

Further probing revealed that the annual wife bonus was not an uncommon practice in this tribe.

And here’s what she told the Post:

I don’t necessarily think it’s a trend or widespread. It was just one of the many strange-seeming cultural practices that some women told me about.

Granted, not a full retreat. But Martin is clearly hedging.

Now it looks like “Primates of New York” is headed for the monkey cage. The Times today reports that the publisher, Simon & Schuster, will “append a note to future editions of the book, written by the social researcher Wednesday Martin, clarifying that some of the memoir’s details and chronologies were changed.”

We await public editor Margaret Sullivan’s take on the latest bogus trend story to find its way into the Times — something she has already joked about with her “Monocle Meter,” named after a trend story about young hipsters wearing monocles that appeared to be — well, uh, you know. Unsubstantiated.

Hat tip to Peter Masalsky for the “Casablanca” inspiration.

Also published at WGBHNews.org.

From the department of shameless self-promotion

Well, this is interesting (to me, anyway). Matthew Kassel of The New York Observer has included me on a list of 17 people who could succeed the late David Carr as The New York Times’ media columnist.

As Kassel rightly points out, “It’s impossible to replace David Carr.” And I can think of few prospects less appealing than being compared to Carr on a daily basis. Still, it was flattering to get a mention alongside folks I truly admire like — well, OK, I won’t say. I love them all.