How Apple News Plus saddles publishers with the worst of Facebook and Spotify

Apple News Plus presents publishers with both a Facebook problem and a Spotify problem.

Like Facebook, news content would be disaggregated and mashed up with whatever Apple decides to put in front of its subscribers. Like Spotify, subscription fees would be split so many ways that no single publisher could make much money, especially compared to what it theoretically might be able to pull in from its own digital subscription efforts.

I expand on both of those thoughts in this interview with News@Northeastern.

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GateHouse to partner with Google News on digital subscriptions

GateHouse Media will partner with Google News on a digital-subscriptions project, according to this internal email from GateHouse chief executive Kirk Davis, forwarded to me by a trusted source just a few minutes ago. The news follows Tuesday’s announcement that Google News will partner with the McClatchy chain.

The GateHouse experiment will take place at The Columbus Dispatch, followed by “a broad roll-out of our Digital Subscription Lab learnings across the GateHouse network.” GateHouse, as you know, owns more than 100 newspapers in Greater Boston and beyond, including the Providence Journal and the Telegram & Gazette of Worcester.

Certainly I would rather that Google put its efforts (and its money) into helping independent local news projects. But Google wants content, and the corporate chains are in the best position to give them that. Davis’ full email follows.

To: All GateHouse Media employees
From: Kirk Davis, CEO, GateHouse Media
Re: Google News Initiative Digital Subscriptions Lab
Date: March 27, 2019

Developing a sustainable digital subscription model to showcase the amazing work being done by our journalists across the United States is essential to preserving the vitality and viability of our local journalism. Which is why I’m thrilled to announce that GateHouse has been selected, as one of eight publishers, to participate in the Digital Subscriptions Lab, a partnership between the Google News Initiative, the Local Media Association and FTI Consulting.

This intensive six-month program will address every step of the digital subscription process from discovery to conversion to retention. Participants will receive dedicated 1:1 support from each of the three partners, as they leverage their respective capabilities in research, product, technology and analytics. Several in-person meetings over the course of the program will enable participating publishers to share strategies, insights and best practices.

We have selected The Columbus Dispatch to be the focus for our engagement; with 13,000 digital subs, The Dispatch is among our largest, paid digital subscription products. We anticipate a broad roll-out of our Digital Subscription Lab learnings across the GateHouse network. Our participation in this elite program is exciting; it reflects our very strong commitment to the future of community journalism!

Kirk

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How Beto O’Rourke quickly lost his status as the media’s favorite slacker

Beto O’Rourke. Photo (cc) 2018 by Steve Standeford

Previously published at WGBHNews.org.

Betomania had somehow eluded me. And so when I set out to write about how the media have reacted to the launch of Beto O’Rourke’s presidential campaign, my first plan was to criticize the elevation of yet another celebrity candidate over his more substantive but less magnetic rivals.

That’s not how it’s worked out. Yes, there was the 8,800-word Vanity Fair profile by Joe Hagan, accompanied by an Annie Leibovitz cover shot of O’Rourke standing by what I assume is his pick-up truck, with archetypal dirt road, hills, and dog in the background. But that proved to be an exception.

“It is a well put-together, if unsubtle, piece of propaganda, and it should be read by anyone looking to learn the art of the puff piece,” wrote Nathan J. Robinson at the website of the left-wing magazine Current Affairs. Personally, I didn’t think it was that gushing; certainly it was spritely and readable, but it also included some harsh passages about O’Rourke’s drunken-driving arrest years ago and his alliance with the white Republican power structure during his early days in El Paso politics. But as substantive political pieces go, well, there was a lot about his youth as a punk rocker.

After O’Rourke made his candidacy official last Thursday, though, the tide quickly turned, at least according to my shockingly unscientific survey of media coverage. Yes, his record one-day online fundraising haul of $6.1 million was duly noted. But so was a less-than-woke comment he made about how he sees his role as a father and a husband — a danger zone given that his rivals for the presidency include a number of well-qualified women. Matt Viser of The Washington Post tweeted the details:

That was followed by criticism both serious and silly. On the serious side, Josh Marshall of the liberal website Talking Points Memo called O’Rourke’s rollout “A Bad Day for Beto,” arguing that O’Rourke’s early support has come from centrist elements of the Democratic Party — and that’s not where the energy is. “The Democratic nominee is not going to be the factional candidate of Democratic centrists,” Marshall wrote, adding that O’Rourke had, to his detriment, “made a good start toward becoming that guy.”

Hanna Trudo of National Journal (and, ahem, a former student of mine) offered a similar point on the podcast “Quorum Call,” suggesting that O’Rourke may have a problem running as a moderate during a year when Democrats seem to want someone more progressive. “He’s to the right of nearly every other candidate aside from Biden, I would say,” Trudo said of O’Rourke. “He’s far to the right of Sanders and Elizabeth Warren, or even Kamala Harris and Cory Booker. He’s voted for Republican policies more often than most Democrats running.”

In contrast with Marshall and Trudo, New York Times columnist Maureen Dowd offered a snark-filled update of her dreadful columns referring to Barack Obama as “The One.” And yes, it seems indisputably true that O’Rourke, like Obama, has a healthy ego and a sense of destiny that may or may not be shared by Democratic primary voters. But there’s really no excuse for Dowdian drivel like this: “We have The One again, a New One — another lanky, bookish, handsome man with an attractive young family, a thin résumé, an exotic name, a hip affect, a rock star aura, an enticing smile, a liberal press corps ready to fluff his pillows and a frothing Fox News.” As Charles Pierce of Esquire tweeted, “I was reading this but my laptop floated to the ceiling.”

So what is going on? I think part of it is that candidates never look as good as they do the day before they announce — and that O’Rourke, who was already a political celebrity, was bound to come in for more of a thrashing than a lower-profile politician might. The pundits may also be having second thoughts about O’Rourke’s loss in the Texas Senate race last year to Ted Cruz. No doubt O’Rourke deserves credit for coming within three points in a state where Republicans have a virtual stranglehold. But good grief, Ted Cruz.

And questions about whether O’Rourke is too white, too male, and too moderate for Democrats in 2020 are perfectly legitimate — notwithstanding the reality that Bernie Sanders and the still-unannounced (or should I say semi-unannounced) Joe Biden sit atop the Iowa polls, for whatever that’s worth at this early stage of the campaign.

More than anything, though, O’Rourke’s self-regard puts him in danger of becoming the most easily mockable Democratic candidate, especially since he doesn’t have a concrete issues agenda to fall back on. “I want to be in it,” he told Vanity Fair’s Hagan. “Man, I’m just born to be in it, and want to do everything I humanly can for this country at this moment.”

I’m just born to be in it. It’s a comment that a number of women have picked up on, and not in a good way. Writing at Vox, Laura McGann called out the double standard of a man making a comment that would be deadly if a woman said it, adding, “Men are rewarded in politics for showing ambition, while women are punished.” McGann is right, except that in 2019 the sense of entitlement in O’Rourke’s remark didn’t seem to make a good impression on anyone.

That old war criminal Henry Kissinger supposedly liked to joke that the infighting in academic politics is so vicious because the stakes are so low. In Campaign 2020, it’s just the opposite: Democrats and other voters in the anti-Trump coalition are so determined to win that every remark, every gesture is being held to an impossibly high level of scrutiny. And the infighting is going to be vicious.

Whether O’Rourke’s toothy, charismatic, hazy-on-the-issues appeal will have staying power is months away from being put to the test. The criticism has already reached the unserious stage, as Fox News is pillorying Reuters for sitting on a story about O’Rourke’s youthful exploits as a computer hacker on the grounds that the reporter was supposedly trying to help him beat Cruz. If nothing else, it’s a sign that if O’Rourke and his supporters were assuming that the media would be on their side, they may be in for an unpleasant encounter with reality.

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From principled conservative to Bubba the Love Sponge: The devolution of Tucker Carlson

Tucker Carlson. Photo (cc) 2018 by Gage Skidmore.

Previously published at WGBHNews.org.

Tucker Carlson may have finally hit bottom. Then again, maybe not. If Fox News fails to act after Carlson was exposed over the weekend for making insanely misogynist comments on a low-rent radio show between 2006 and 2011, then he will probably continue on his merry way, indulging in sexism and racism on what might be the worst prime-time program on cable news.

A brief synopsis. During the period in question, Carlson made weekly on-air calls to a show hosted by Bubba the Love Sponge, whose name you may vaguely recall from Hulk Hogan’s successful lawsuit against Gawker Media. Mrs. Sponge, as we shall call Bubba’s ex-wife, was videotaped having sex with Hogan, and Gawker published it. That, in turn, led to the demise of Gawker at the hands of Hogan’s lawyer and his secret financier, the tech entrepreneur Peter Thiel, who had his own axe to grind against the company.

Anyway, Carlson’s appearances on Bubba’s show were sort of like his Fox News program, only cruder and much more disturbing. Madeline Peltz of Media Matters for America, a liberal media-watch organization, has gone through many hours of audio in which Carlson defended statutory rape, used the C-word, and, as Peltz put it, “called journalist Arianna Huffington a ‘pig,’ and labeled Britney Spears and Paris Hilton ‘the biggest white whores in America.’ He also said that women enjoy being told to ‘be quiet and kind of do what you’re told’ and that they are ‘extremely primitive.’” The story includes audio clips and extensive transcripts. Carlson doesn’t deny it. More was posted Monday night, with the new cache consisting of what Media Matters calls “white nationalist rhetoric” and “racist remarks.”

The revelations about Carlson were the worst news for Fox News in, oh, about a week. Last week brought us Jane Mayer’s New Yorker story detailing the multifarious ways in which Fox now functions as President Trump’s chief propaganda arm, as well as weekend host Jeanine Pirro’s assertion that U.S. Rep. Ilhan Omar’s hijab is somehow a violation of the Constitution. (Fox condemned those remarks.)

Now, forgive me for taking a detour, because I want to talk about an earlier, better version of Tucker Carlson. To my mind, one of the stranger and more disheartening developments in conservative media in recent years has been Carlson’s devolution from a stylish writer of smart magazine pieces to a ranting racist and misogynist.

My first exposure to Carlson came in September 1995, when The Weekly Standard, a conservative magazine founded by Bill Kristol and funded by Rupert Murdoch, made its debut. Back then I was the media columnist for The Boston Phoenix. I took a look at the Standard’s first issue and pronounced most of it to be a snooze. The exception was an amusing piece by Carlson, who contacted various celebrities about a petition they’d signed calling for a new trial for Mumia Abu-Jamal, then facing the death penalty after he was convicted of murdering a police officer. Carlson innocently asked his targets what they actually knew about the case, which turned out to be not much.

After that, Carlson was someone I checked in with from time to time. I admired a long profile he wrote for Tina Brown’s Talk magazine of then-presidential candidate George W. Bush, whom he depicted as cruelly mocking Karla Faye Tucker, a murderer and born-again Christian he’d sent to her death when he was governor of Texas. On one of my visits to Washington around the same time, Carlson took me to lunch at The Palm. He was utterly charming. The only disconcerting note was when he genially berated me for not keeping a gun at home in order to protect my family.

I should add that many people have had similar experiences with Carlson. Last fall Lyz Lenz wrote a long profile of Carlson for the Columbia Journalism Review in which she quoted a number of editors and others who worked with Carlson back in the day and who can’t believe how far he’s fallen — fallen being a term of art, of course, given that he’s never been more prominent or highly compensated than he is right now.

“What happened to Tucker Carlson?,” Lenz wrote. “People in media ask themselves this question with the same pearl-clutching, righteous tone they use when discussing their aunt in Connecticut who voted for Trump.”

Sadly, the answer to Lenz’s question is obvious enough. Late last year The Weekly Standard died — or, rather, was killed by its last owner, Philip Anschutz. In its final incarnation the Standard had established itself as an outlet for principled conservatism that was usually (though not always) harshly critical of Trump and Trumpism. Kristol, a leading voice of the #NeverTrump right, as well as several like-minded conservatives, have gone off to found projects such as The Bulwark (which preceded the Standard’s closing) and a yet-to-be-named venture announced by Jonah Goldberg and Stephen Hayes. Anschutz is now lavishing attention and money on another property he owns, the pro-Trump Washington Examiner.

Meanwhile Carlson, whose intellectual traveling companions were once thinking conservatives like Kristol and John Podhoretz, is now mentioned in the same breath as Trump toadies such as Sean Hannity and Laura Ingraham. It’s a matter of prosperity over principle. Too bad one of the most gifted journalists of his generation turned out to be nothing but a cheap hustler.

Research assistance was provided by Northeastern University student Caroline Hanlon.

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Trump and Murdoch: Who’s using whom?

Rupert Murdoch. Photo (cc) 2015 by the Hudson Institute.

Previously published at WGBHNews.org.

The stench of corruption emanating from the White House is so noxious that it can be hard to focus on outrages that truly matter. This matters: As long rumored, but not confirmed until this week, President Trump personally intervened in the merger of media giants AT&T and Time Warner in order to punish CNN, high on the list of “fake news” outlets with which he is perpetually enraged.

The revelation is contained within Jane Mayer’s 11,500-word examination of Fox News, which appears in the current issue of The New Yorker. As Mayer describes it (and as even the most casual viewer will attest), over the past few years Fox has metamorphosed from a right-wing news operation with a shaky grasp of the truth into something much more dangerous: a propaganda outlet for Trump that serves up steaming piles of misinformation, disinformation, and conspiracy theories to its angry, fearful audience.

Not coincidentally, Fox News’ founder and guiding light, the international media magnate Rupert Murdoch, has emerged as one of Trump’s closest confidants. And Murdoch did not want to see two of his rivals merge, especially given that he had tried and failed to buy Time Warner himself just a few years earlier. Luckily for him, his business interests dovetailed with Trump’s hatred of CNN, one of Time Warner’s crown jewels.

As Mayer describes it, in the summer of 2017 Trump told his chief economic adviser, Gary Cohn, that the Justice Department should fight the merger. Citing “a well-informed source,” Mayer reports that Trump demanded action during a meeting with Cohn and his then-new chief of staff, John Kelly. “I’ve been telling Cohn to get this lawsuit filed and nothing’s happened!” she quotes Trump as saying. “I’ve mentioned it 50 times. And nothing’s happened. I want to make sure it’s filed. I want that deal blocked!” As the meeting was coming to a close, Mayer writes, Cohn told Kelly, “Don’t you f—ing dare call the Justice Department. We are not going to do business that way.”

But the Justice Department did indeed fight the merger, all the while denying any political motivations. Trump’s opposition to the merger, though, has long been thought to be driven by his hatred for CNN. Cohn himself believed it, according to Mayer. And as I argued a year and a half ago, blocking the merger could have resulted in Time Warner’s falling into Murdoch’s hands, thus fulfilling Rupe’s ambitions and giving him an opportunity to Foxify CNN. (Not that CNN isn’t in serious need of fixing, but that’s a topic for another day.)

Adding to suspicions that Trump was acting on his wish for retribution rather than by genuine concerns about the social consequences of such massive mergers was that there really didn’t seem to be much of a legal case against it. The AT&T-Time Warner deal is something we all ought to be wary of. But under current theories of antitrust law, there was little reason to block it. In fact, the Justice Department’s efforts to stop it were shot down by the courts at every step along the way, and it recently got the final go-ahead.

As Jordan Crook and Danny Crichton explain at TechCrunch, the two companies are complementary businesses rather than competitors. Time Warner is mainly a content company; AT&T is a distributor. Their combination is regarded by many economists as a “vertical merger” that could actually benefit consumers, Crook and Crichton write, by giving them “access to a more comprehensive set of services, at a lower price, while still generating profits.” Besides, in a world in which the entire media landscape is now dominated by Google and Facebook, it may be that the only way to provide competition is by supercharging other media companies.

Now I’ll grant you that in my perfect media world, I would not only have ruled against the merger of AT&T and Time Warner but I’d break up Google and Facebook as well. But it’s the world of the corporate titans, and we’re just living in it. Given that, there is every reason to oppose governmental intervention motivated by presidential pique rather than by genuine regulatory concerns.

Mayer’s report appears destined to become part of the bill of particulars that the Democratic House is assembling as it investigates Trump’s corruption and possible crimes. U.S. Rep. Adam Schiff, chair of the House Intelligence Committee, said that he has “long feared Trump would use the instruments of state power to carry out his vendetta against the press he has attacked as the ‘enemy of the people.’”

Meanwhile, another media company seeking favors from the White House is playing it safe. According to David Fahrenthold and Jonathan O’Connell of The Washington Post, the cell-phone company T-Mobile, which is seeking to merge with its rival Sprint, has spent $195,000 at Trump’s Washington hotel since announcing the proposed deal nearly a year ago — far in excess of what the company had ever spent there previously.

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Newspaper Guild and John Henry trade charges over Globe contract talks

Contract negotiations between The Boston Globe and the Boston Newspaper Guild are becoming increasingly tense, with the Guild accusing management of union-busting and Globe publisher John Henry denying it.

Earlier this week the Guild posted an open letter to John Henry and his wife, Linda Pizzuti Henry, who is the paper’s managing director. The key takeaway:

Now, we are in the midst of negotiations led by a mercenary law firm that is trying to bully your employees into a contract that essentially asks them to give up their rights as union members. These tactics are threatening to destroy the long-standing, constructive and respectful relationship between the Guild and management. This approach to collective bargaining has also stoked feelings of deep anger and even betrayal among employees. It is doomed to fail.

That was followed by John Henry’s sending an email to the Boston Business Journal in response to the Guild’s letter. The highlight:

Globe management has set a very simple but very important goal of strengthening our newsroom for the challenges of a long-term future in local journalism. The Globe and the guild need to engage in a collaborative effort designed to ensure what both sides need in order to have a vibrant workplace and serve the needs of our community.

This has been ugly right from the start, and it doesn’t look like it’s getting any better.

Earlier: “Newspaper Guild blasts Boston Globe management over contract woes” (Dec. 14).

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Overcoming digital distraction. Plus, The New York Times’ $1.1b folly, and saving community access TV.

Previously published at WGBHNews.org.

Do you find it more difficult to read a book these days? Or even a long article? Do you catch yourself pausing every so often (OK, make that every few minutes) to see what’s new on Facebook, scroll through Twitter, check email, or possibly all of the above? Has concentration given way to distraction?

You’re not alone. For years, writers like Nicholas Carr (“The Shallows”) and Virginia Heffernan (“Magic and Loss”) have worried that the internet is rewiring our brains and transforming us from deep readers into jittery skimmers. In “Ten Arguments for Deleting Your Social Media Accounts Right Now,” Jaron Lanier writes that — well, you know.

The latest entry in what has grown into a burgeoning list of digital jeremiads is an essay that appeared in The New York Times over the weekend. The piece, by Kevin Roose, is headlined “Do Not Disturb: How I Ditched My Phone and Unbroke My Brain.” Over the course of nearly 2,500 words, Roose describes in anguished detail how his smartphone had left him “incapable of reading books, watching full-length movies or having long uninterrupted conversations.” Social media, he adds, had made him “angry and anxious.”

Roose’s solution: A detox program overseen by Catherine Price, the author of “How to Break Up with Your Phone.” Without going into detail (after all, you can read about it yourself), by the end of the program our hero is happier, healthier, and less addicted to his phone.

Digital dependency is a real problem, and it’s hard to know what to do about it. I know that as well as anyone. Over the years, my writing has become symbiotically enmeshed with the internet — I look things up and fact-check as I go, and I can’t imagine returning to the days of writing first, checking later, even though the result would probably be more coherent. Social media and email are ever-present impediments to the task at hand.

But it’s a lot easier to describe what we ought to do than to actually do it. I recommend mindful reading either in print or on one of the more primitive Kindles. In reality, I read the news on an iPad while admonishing myself not to tweet any of it — usually without much success. I need to be on social media for professional purposes, which makes it all the harder to stay away from energy-draining non-professional uses.

We are not doing ourselves any favors. “You know the adage that you should choose a partner on the basis of who you become when you’re around the person?” writes Lanier. “That’s a good way to choose technologies, too.”

The problem is that we didn’t choose our technologies. They chose us, backed by the likes of Mark Zuckerberg, whose billions grow every time his engineers figure out a way to keep us more addicted and less able to break ourselves of the habit. We need solutions. I’ll get back to you on that. Right after I check Facebook. Again.

Looking back at a deal gone bad

More than a quarter-century after the New York Times Co. bought The Boston Globe for the unheard-of price of $1.1 billion, the transaction remains a sore point in some circles. As I’m sure you know, Red Sox principal owner John Henry bought the paper for just $70 million in 2013, which turned out to be less than the value of the real estate.

In her new book, “Merchants of Truth,” former New York Times executive editor Jill Abramson is blisteringly critical of the 1993 acquisition. Describing the Times Co.’s strategy of that era, she writes: “Some recent business blunders had made the structural damage inflicted by the internet even more painful. The worst was the purchase of The Boston Globe at precisely the moment the glory days of newspaper franchises were ending.” (My “Beat the Press” colleague Emily Rooney interviewed Abramson for our most recent broadcast, and she did not shy away from asking some tough questions about errors in Abramson’s book as well as credible accusations of plagiarism.)

In a recent interview with the newspaper analyst Ken Doctor, Times Co. CEO Mark Thompson described what he and his fellow executives were up against in late 2012: “The thinking at the top of the company when I arrived was that the Times should sell The Boston Globe, and that it was going to be fantastically difficult to manage the Globe in a way where it wasn’t going to become over time a net depleter of the total business, rather than something that was going to add to the success of the company.”

So was the Times Co.’s decision to pay all that money for the Globe really such a boneheaded move? When I was interviewing people for my book “The Return of the Moguls,” I got some pretty strong pushback to that proposition from former Globe editor Matt Storin and current editor Brian McGrory.

Storin told me that the Globe turned a profit of some $90 million in one of its first years under Times Co. ownership. “Imagine today if you made a $90 million profit,” he said. “I mean, those classified ads were just a gold mine. The Times knew that, and I think that’s one of the reasons why they bought us. They didn’t foresee that that was going to disappear, obviously.”

McGrory sounded a similar theme. “For 15 to 18 years there were Brinks trucks driving down I-95 with tens of millions of dollars every year, amounting to hundreds millions over that time, taking money from Boston to New York,” he said. “They made their investment just fine.”

The reality is most likely somewhere in the middle. From 1993 until about 2005, the Globe earned plenty of money for the Times Co. But then things went seriously south, with the Globe losing $85 million by 2009, a situation so dire that the Times threatened to shut down the paper unless the unions agreed to $20 million worth of givebacks. (They did.)

For the Times Co., the real mistake wasn’t in buying the Globe — it was in keeping it for too long.

Last stand for community access TV

This past November I wrote about an industry-supported effort by the FCC to allow the cable companies to save money by cutting what they spend to support local public-access operations.

Naturally, the FCC is pushing ahead with this anti-consumer proposal. So now advocates of local do-it-yourself media are asking supporters to sign an online petition to Congress asking that lawmakers stop the new rule from taking effect.

“PEG [public, educational, and governmental] access channels provide local content in communities that are not served by the broadcast industry and are increasingly under-served by newspapers,” says the petition. “They help prevent ‘media deserts’ in towns and cities across the U.S. and ensure diversity of opinion at the local level.”

Will it matter? I suspect that elected members of Congress from both parties will prove more amenable to public pressure than FCC chair Ajit Pai, who led the campaign to kill net neutrality. But we won’t know unless we try. So let’s try.

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Clarence Thomas wants to eviscerate the First Amendment

The ad that led to a landmark libel ruling.

Previously published at WGBHNews.org.

If U.S. Supreme Court Justice Clarence Thomas had his way, First Amendment protections for freedom of the press could be turned back not just to the pre-civil rights era but to the pre-Civil War era as well.

Let me explain. On Tuesday, Thomas wrote that the court ought to overturn its landmark 1964 New York Times v. Sullivan decision and allow the states free rein in deciding what standards should prevail in libel suits. In Sullivan, the court ruled that to prove libel public officials would have to show defamatory material about them was published with the knowledge that it was false or with reckless disregard as to whether it was true or false. That standard, known as “actual malice,” was later extended to public figures as well.

Now Thomas would reverse that. “The states are perfectly capable of striking an acceptable balance between encouraging robust public discourse and providing a meaningful remedy for reputational harm,” Thomas said. “We should reconsider our jurisprudence in this area.”

But the Sullivan decision was grounded in the failure of states to respect the right of the press to engage in “uninhibited, robust, and wide-open” debate, as the court put it, including “vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.” The truth of the matter is that members of the white power structure in the South were seeking to weaponize libel laws in order to prevent the national press from reporting on its suppression of the civil rights movement. If the court hadn’t intervened, they would have gotten away with it.

The story of Times v. Sullivan is well told in Anthony Lewis’ book “Make No Law: The Sullivan Case and the First Amendment.” Supporters of the Rev. Martin Luther King Jr. took out a full-page ad in The New York Times in March 1960 titled “Heed Their Rising Voices.” The ad contained several minor errors of fact. For instance, it stated that King had been arrested seven times on trumped-up charges; in fact, he had only been arrested four times. It said that black students at Alabama State College in Montgomery, Alabama, had been padlocked into their dining room “in an attempt to starve them into submission” — a bit of hyperbole that was not literally true.

L.B. Sullivan, the Montgomery city commissioner in charge of the police, sued the Times for libel even though his name appeared nowhere in the ad. Sullivan won a three-day trial in Alabama state court that was rigged in his favor. For instance, the following year, on the 100th anniversary of the founding of the Confederacy, Sullivan staged a re-enactment of the swearing-in of Confederate president Jefferson Davis, with the same judge who had presided over his libel trial administering the oath of office.

It was against this deeply racist backdrop that the Supreme Court acted to end such abusive libel cases in 1964. The solution hit upon by Justice William Brennan, who wrote the decision, was to hold the press harmless for unintentional errors of fact. As Andrew Cohen wrote in The Atlantic upon the 50th anniversary of the case several years ago, “If there were no Sullivan, there likely would not have been a release of the Pentagon Papers or a rigorous investigation into Watergate or much of any withering criticism of government that appears today in any medium.” Or as Lewis himself put it in another of his books, “Freedom for the Thought That We Hate: A Biography of the First Amendment,”“New York Times v. Sullivan revolutionized the law of libel in the United States.”

My contention that Justice Thomas would bring us back to the pre-Civil War era is based on his apparent contempt for how the 14th Amendment was used to extend freedom of the press. The amendment, adopted in the immediate aftermath of the Civil War, forbids the states from trampling upon rights guaranteed by the U.S. Constitution. It took a while for the Supreme Court to rule that the First Amendment was among those rights. But in the case of Gitlow v. New York (1925), the court cited the 14th Amendment in extending its jurisdiction for the first time over state laws regulating speech.

No matter that Benjamin Gitlow, the hapless communist who’d been convicted of violating New York’s criminal syndicalism law for publishing a turgid left-wing manifesto, was sent to prison anyway. By recognizing that “freedom of speech and of the press” are protected “from impairment by the States,” the court transformed “Congress shall make no law … abridging the freedom of speech, or of the press” into a guarantee pertaining to state and local government as well.

Thus Justice Thomas demonstrates not only ahistorical disdain for the role that combatting racism played in the Sullivan decision but also for the long-settled principle that state and local governments may not take away protections guaranteed by the Constitution. In his opinion this week, Thomas pays lip service to the 14th Amendment. But it’s hard to square that with his enthusiasm for turning over basic press protections to the tender mercies of the states.

Fortunately Thomas seems likely to find himself alone on this. President Trump, as we know, has spoken of his desire to “open up our libel laws.” But Adam Liptak, who covers legal affairs for the Times, wrote on Tuesday that both of Trump’s appointees, Justices Neil Gorsuch and Brett Kavanaugh, have spoken approvingly of Times v. Sullivan. The decision appears to be safe — at least for now.

Still, Thomas’ out-of-the-blue opinion — expressed in a decision about a libel suit involving Bill Cosby, of all things — shows that the battle for free speech is never completely won. Rather, it has to be fought, over and over again.

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