In my latest for the Guardian, I argue that the difference between right-wing and left-wing hate is that the former has moved into the heart of the Republican Party, whose leaders seem either not to understand or care about the possible consequences.
Month: April 2010
The future of journalism and the law
This Friday I’ll be taking part in a panel discussion titled “The Future of Journalism: Law and Ethics in a Changing Media Ecosystem.” It’s part of an all-day conference called “Journalism’s Digital Transition: Unique Legal Challenges and Opportunities,” sponsored by the Citizen Media Law Project and to be held at Harvard Law School.
Our panel, to be held from 3:10 to 5 p.m., will focus on issues such as whether shield laws can be crafted so that bloggers and citizen journalists can protect their confidential sources, and if the shift toward nonprofit journalism means fewer First Amendment rights. (Among other things, non-profit organizations may not endorse political candidates.)
The other panelists:
- Robert Bertsche, a First Amendment lawyer at Prince Lobel Glovsky & Tye
- Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press
- Jon Hart, general counsel for the Online News Association and a lawyer with Dow Lohnes
- Josh Stearns, program managear for Freepress.net and SavetheNews.org
- Cameron Stracher, co-director of the Program in Law & Journalism at New York Law School
The moderator will be Phil Malone, clinical professor of law and director of the Cyberlaw Clinic at Harvard’s Berkman Center for Internet and Society.
Investigating the WikiLeaks video
I think it’s only right that all of us hold off before offering any judgments on the astonishing video published by WikiLeaks yesterday showing a U.S. Apache helicopter killing 12 Iraqis, including a Reuters photographer and his driver. The U.S. military has confirmed the 2007 video’s authenticity, according to the New York Times.
I watched the entire 17-minute-plus video last night (there is also an unedited, 38-minute version), and my main reaction — other than horror — was one of cognitive dissonance. The audio made it clear that the American crew believed the people on the ground were armed combatants. The video told an entirely different story: men walking around, seemingly not up to much of anything in particular.
And no, I’m not offended by the American crew members’ bantering. If they had good reason to believe they were shooting at a legitimate target, so what? The real question is why they held that belief.
Anyway, I don’t want to get ahead of the story. What this calls for is further investigation.
The BBC has some background on WikiLeaks, which is hosted mainly in Sweden.
Neither revolutionary nor retrograde

The case for Apple’s iPad seems clear enough. Some 700,000 were sold on Saturday, which was double what had been predicted.
The case against the iPad is based on two different but related arguments. First, critics say the iPad is designed mainly for consuming rather than creating content, and that it thus represents a corporate-driven attempt to put the Internet genie back in the bottle and return us to our former status as passive couch potatoes. Second, the iPad is a closed system controlled entirely by Apple, and will therefore stifle the sort of innovation that gave rise to such phenomena as Google and Twitter.
Both propositions are true. Yet they strike me as overblown.
The case against the iPad as a consumption-oriented device is summed up well by Jeff Jarvis, who writes — accurately, I think — that a principal reason the device has been the recipient of so much media buzz is that media executives see this as a chance for a do-over: this time, moguls will control the content and consumers will pay for it. Jarvis writes:
The iPad is retrograde. It tries to turn us back into an audience again. That is why media companies and advertisers are embracing it so fervently, because they think it returns us all to their good old days when we just consumed, we didn’t create, when they controlled our media experience and business models and we came to them.
Yet the iPad isn’t just a repository for paid apps; it’s also a pretty good machine for browsing the Web. If you are currently reading the New York Times on the Web rather than paying for electronic delivery through Times Reader, for instance, well, the iPad will let you keep right on doing that.
As for participation and conversation, the iPad’s virtual keyboard is pretty lousy (based on my brief encounter with it at the Apple store in Peabody on Saturday), but it’s good enough for posting to Twitter and Facebook, or even for writing short blog posts.
Besides, as Howard Owens notes, “The vast majority of people … are media consumers, they are lurkers, not creators.”
The tech argument against the iPad strikes me as even more esoteric. The idea is that by requiring developers to write apps within a rigid, closed universe, to get them approved by Apple and to share revenues with Apple, Steve Jobs is stifling the innovation that gave rise to both the personal computer and the Internet.
At BoingBoing, Cory Doctorow waxes rhapsodic over the days when the Apple II Plus came with schematics for the circuit boards, and quotes something called the “Maker Manifesto” in writing, “Screws not glue.” Doctorow’s point is that we should be able to rip our devices apart and customize them the way we like. Needless to say, Doctorow is not talking to too many people — just his fellow hackers.
Now, I don’t find either Jarvis’ or Doctorow’s critiques to be entirely without merit. But I’m proceeding on the assumption that the iPad is not going to take over the world. The iPad is an auxiliary device that will not take the place of computers. It’s also only one model for how to make a tablet computer. As Jarvis notes, Google is said to be working on a model, and it’s likely to be far more open than Apple’s. We’ll see if it’s as popular.
Personally, I’m not all that impressed with the iPad. I got to spend about 10 minutes with one on Saturday. Granted, that wasn’t really enough time to put it through its paces. But it was enough to see that the display is no better than that of a good-quality laptop; that the virtual keyboard is fairly unusable (you’ll be able to buy a plug-in keyboard, but wouldn’t you rather have a netbook?); and that it’s too heavy to wield like a magazine or newspaper.
Even for pure media consumption, it’s not necessarily better than a laptop. I’d rather take an iPad into the living room. But a laptop is better for propping up on the kitchen table during breakfast, because you don’t have to hold it up in front of you. I might get a later, presumably lighter, version. But I’m not salivating.
The ridiculous amount of hype that has surrounded the iPad, to which I am now contributing, has made all of us think this is more important than it really is. It’s not going to save the traditional media, however much media executives may wish it, and however much Jarvis and Doctorow may be gnashing their teeth.
Maybe CNN’s ratings aren’t the real issue
Following a report earlier this week that CNN’s prime-time ratings were continuing to crater, there’s been quite a bit of talk about how to get the original cable news net back in the game against the Fox News Channel and MSNBC. My “Beat the Press” colleague Kara Miller has some thoughts, and, as previously noted, Michael Calderone of Politico interviewed a bunch of media observers, including me.
But here’s a counterintuitive idea. Maybe we’re all making a category error. As former CNN host (and Media Nation favorite) Aaron Brown tells Calderone, CNN remains a “highly profitable business.” CNN posits itself as a news alternative to the partisan, opinion-driven talk-show line-ups offered by Fox and MSNBC. In that sense, maybe the three cable news nets aren’t really competitors at all.
The problem, of course, is that CNN’s prime-time line-up also consists mainly of talk shows, though not very good ones. The other night I briefly tuned in the best of the bunch, “Anderson Cooper 360,” and saw Dr. Phil talking about the Phoebe Prince tragedy. I nearly injured myself in my haste to change the channel. (By the way: I like Cooper, but think he’s being misused.)
What I’d like to see is a smart, analytical approach that makes sense out of all the news tidbits we accumulate throughout the day, unafraid to call out lies and misrepresentations but nonpartisan in its overall approach. Something, frankly, like Brown’s old program, “NewsNight,” canceled to make way for “AC360.”
And, yes, it’s time for Larry King to get his gold watch. No Larry-bashing from me: the man has a lot to do with the success CNN has enjoyed over the years. But all things must eventually come to an end.
Given that CNN continues to make money, maybe everyone would get off the network’s back about its poor ratings if it were offering not just an alternative to Fox and MSNBC, but one that is compelling and smart.
South Hadley school superintendent returns
It’s not much, but at least South Hadley school superintendent Gus Sayer is back from vacation and defending the school system’s response to the bullying of the late Phoebe Prince. And, unlike school committee chairman Edward Boisselle, Sayer manages to do so without making it worse. Here’s Sayer, in Peter Schworm’s Boston Globe story:
No one turned their back on this. I think we did everything we could. If I thought I had done something wrong, I would resign. But I think we did our best.
We’ll see whether that’s the case. But Sayer is saying the right thing.
Meanwhile, Boisselle, whose sneering dismissal of District Attorney Elizabeth Scheibel’s report that teachers and administrators knew Phoebe Prince was being bullied but did nothing has touched off a firestorm, appears to have taken the wise course of action and kept his mouth shut since talking to the Boston Herald on Tuesday.
Sadly, the Springfield Republican reports that no one is running against Boisselle as he seeks re-election on April 5.
