I’m excited to let you see what I worked on during the spring semester at the Shorenstein Center for Media, Politics and Public Policy: a paper on the reinvention of the Washington Post under Jeff Bezos titled “The Bezos Effect.” It’s long, but I also wrote a summary version for my friends at the Nieman Journalism Lab.
My time as a Joan Shorenstein Fellow at Harvard’s Kennedy School was incredibly rewarding. An expanded version of my paper will appear in my book-in-progress, which has a working title of The Return of the Moguls and which will be published by ForeEdge, the trade imprint of University Press of New England, in 2017.
Hillary Clinton had seemed like the inevitable Democratic nominee for so long—not just in the current campaign, but eight years ago as well—that she tends not to get the credit she’s due for what is by any measure a remarkable accomplishment.
And it’s not just that she’s the first woman to become the presumptive nominee of a major party, though that is legitimately a big deal. She also staged a comeback unlike any in recent political history. Since her enemies like to compare her to Richard Nixon, she ought to get the benefit of that comparison as well—as she does in a piece by Peter Beinart at the Atlantic, who writes:
In purely political terms, Clinton’s victory—after losing the Democratic nomination in 2008—constitutes the greatest comeback by a presidential candidate since Richard Nixon won the Republican nomination in 1968, after losing the presidential election of 1960.
Clinton’s fall from grace eight years ago was more devastating than we might remember, Beinart argues, noting that major party figures such as Harry Reid, Ted Kennedy, and Chuck Schumer were so appalled at the prospect of a Clinton campaign that they urged Barack Obama (some openly, some privately) to run against her. Civil-rights leader John Lewis even unendorsed her and switched to Obama.
“Over the past 30 years, no American political figure has absorbed as many blows as Clinton,” Beinart writes. “And none has responded with more tenacity and grit.”
That theme is also reflected in Amy Chozick’s “how she won” story in the New York Times: “She may not be the orator President Obama is, or the retail politician her husband was. But Mrs. Clinton’s steely fortitude in this campaign has plainly inspired older women, black voters and many others who see in her perseverance a kind of mirror to their own struggles.”
Meanwhile, in the Washington Post, Karen Tumulty reminds us of Clinton’s shortcomings as a politician: “Not one for mega-rallies, she prefers small, scripted settings where she can discuss the policy intricacies of heroin addiction, mental health treatment, college debt or gun control—all the while keeping her campaign press corps at arm’s length. There have also been times when her tone-deafness could be spectacular.”
Thanks to the Associated Press’s questionable decision to proclaim Clinton the presumptive nominee on Monday evening (see this Facebook post by Bill Mitchell of Poynter), today’s headlines are anticlimactic. The print edition of the Times leads with “Clinton Claims the Democratic Nomination,” which feels like an update of Tuesday’s awkward banner: “Clinton Reaches Historic Mark, A.P. Says.” Today’s Post offers “Clinton celebrates victory,” and it’s less than a full page across. On Monday the Post went six columns with “Clinton reaches magic number for historic nomination.”
As of Wednesday morning, Bernie Sanders is vowing to stay in the race even though Clinton has now won a majority of pledged delegates as well as superdelegates, and has received nearly 3.7 million more votes. Media and political voices are strongly suggesting Sanders’s refusal to concede might change over the next few days as reality sinks in for him and his supporters.
But after reading this piece in Politico by Edward-Isaac Dovere and Gabriel Debenedetti, I’m not so sure. According to their reporting, Sanders is the chief hothead in his own campaign, continually overruling his advisers in favor of more aggression. “More than any of them,” they write, “Sanders is himself filled with resentment, on edge, feeling like he gets no respect—all while holding on in his head to the enticing but remote chance that Clinton may be indicted before the convention.”
So much for party unity. Then again, the self-styled democratic socialist has only been a Democrat for a few months.
Finally, Tuesday may have been Hillary Clinton’s day, but the presumptive Republican nominee, Donald Trump, came close to dominating it, as he does in practically every news cycle.
This time it wasn’t a matter of the cable networks giving him more attention than he deserved. Instead, there was actual news, as Republicans staged a collective freakout over Trump’s racist statements about Judge Gonzalo Curiel, as Matt Viser reports in the Boston Globe; House Speaker Paul Ryan denounced Trump’s comments as “racist” while sticking by his endorsement (“Everywhere Paul Ryan turns, there’s the smell of Trump” is the headline on Dana Milbank’s Washington Post column); and Trump himself issued a nonapology in the afternoon while delivering a rare prepared speech at night in which he viciously attacked Clinton but avoided his usual excesses.
At this point, conservatives are hopelessly divided over how they should respond to the demagogue at the top of the GOP ticket. A Wall Street Journal editorial criticizes conservatives for pressuring Ryan and Senate Majority Leader Mitch McConnell to abandon Trump, while Jonah Goldberg of National Review, a leading anti-Trump conservative journal, blasts Ryan for not being tough enough: “Because Trump did nothing to earn Ryan’s endorsement, the presumptive nominee may conclude that he needn’t negotiate with the GOP establishment; he can just count on its eventual submission.”
Meanwhile, at the Weekly Standard—whose editor, Bill Kristol, has been unsuccessfully trying to convince a conservative to mount an independent campaign—Jay Cost pens an open letter to Mitt Romney begging the former Massachusetts governor to run. Cost begins:
I write to you not as a fellow conservative, not as a fellow partisan, but as a citizen of our republic. You have served your nation admirably for many years and by any ordinary standard are entitled to a happy retirement. But these are extraordinary times, and your nation still has need of your service. I respectfully implore you to run for president as an independent candidate in 2016.
It’s not likely to happen. Even if a significant number of voters could be persuaded to support an independent, it may be too late for such a candidate to get on the ballot in enough states for it to matter. (I should note that the Libertarian ticket of former New Mexico governor Gary Johnson and former Massachusetts governor Bill Weld is in fact on the ballot in all 50 states.)
Still, Cost’s desperate plea is a sign of the straits in which the Republicans find themselves with Trump at the top of the ticket.
Someone pointed out the other day that the Iowa caucuses were just four months ago, whereas we still have five months to go before the November election. If you’re sick of this campaign, you’re far from alone. Unfortunately, we’ve just gotten started.
Does Hulk Hogan’s invasion-of-privacy suit against the news-and-gossip site Gawker threaten the First Amendment? No. But the way his case is being paid for might.
Last week we learned that Peter Thiel, a Silicon Valley billionaire, had provided about $10 million to help fund Hogan’s case. Such third-party financing is legal, and it proved to be a sound investment: in March, a Florida jury found that Gawker had invaded Hogan’s privacy by publishing a video of him and a friend’s wife without permission and awarded him $140 million.
Now, first things first. If you care to immerse yourself in the details of the case, you will find all kinds of contradictory statements as to whether Hogan (real name: Terry Bollea) and his paramour, Heather Clem (wife of Bubba the Love Sponge Clem; and yes, that’s his real name), knew or didn’t know they were being recorded and did or didn’t expect that the video would somehow become public.
But the law involving invasion of privacy is reasonably clear. It can be traced back to an article that future Supreme Court justice Louis Brandeis and his law partner, Samuel Warren, wrote for the Harvard Law Review in 1890. The principle is explained succinctly in this warning to journalists published by the Reporters Committee for Freedom of the Press:
One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person; and (b) is not of legitimate concern to the public.
Hogan’s status as a public figure makes (b) a little iffy, and Gawker tried to argue that Hogan’s boasts about his sexual prowess made the sex tape newsworthy. That strikes me as the sort of issue that a jury could legitimately decide either way. As First Amendment expert Erwin Chemerinsky told the New York Times when the verdict was handed down, “I think this case establishes a very limited proposition: It is an invasion of privacy to make publicly available a tape of a person having sex without that person’s consent. I don’t think it goes any further than that and I do not see a First Amendment basis for claiming that there is a right to do this.”
There matters stood until May 24, when Ryan Mac of Forbesrevealed that Thiel, a PayPal cofounder and “an eccentric figure in Silicon Valley who has advocated for teenagers to skip college and openly supported Republican presidential candidate Donald Trump,” was the money behind the Hogan suit. Thiel, Mac wrote, had been harboring a grudge against Gawker Media and its publisher, Nick Denton, since 2007, when Denton’s Valleywag site outed Thiel as gay.
The next day Thiel came clean in an interview with Andrew Ross Sorkin of the New York Times, saying, “I refuse to believe that journalism means massive privacy violations. I think much more highly of journalists than that. It’s precisely because I respect journalists that I do not believe they are endangered by fighting back against Gawker.”
As I’ve argued, Hogan’s case against Gawker was well within the bounds of existing privacy law. Moreover, it’s perfectly legal to finance someone else’s lawsuit. Yet numerous free-speech advocates have expressed horror at the Thiel revelation.
Washington Post media columnist Margaret Sullivan compared Thiel’s actions to the Edward Snowden affair and to Senator John Thune’s thuggish (my word, not hers) demand that Facebook account for perceived liberal bias in its Trending Topics feature.
Technology pundit Mathew Ingram of Fortuneadded that the Hogan case has now “become more about an attempt to bankrupt a publication that a billionaire investor dislikes for personal reasons. And that has disturbing implications for freedom of the press.”
Nick Denton himself, in an open letter to Thiel oozing with self-justifying obnoxiousness, wrote, “The best regulation for speech, in a free society, is more speech. We each claim to respect independent journalism, and liberty. We each have criticisms of the other’s methods and objectives. Now you have revealed yourself, let us have an open and public debate.”
Ingram and other defenders of Gawker point to some troubling aspects of Thiel’s involvement that do, in fact, have some important First Amendment implications. For instance: Hogan’s lawyer apparently insisted on a provision that Gawker Media’s insurance company not be allowed to pay the award, which strongly suggests that the motive behind the suit was to put Denton out of business rather than receive just compensation for the site’s transgressions.
In addition, Ingram notes, Thiel has said he’s backing several other lawsuits against Gawker. Although he hasn’t identified those suits, that may include one brought by V.A. Shiva Ayyadurai, who’s going after Gawker for calling his claim to have invented email fraudulent. Really?
The $140 million awarded to Hulk Hogan seems absurdly high, and the case is under appeal. Meanwhile, numerous reports suggest that Gawker Media is in serious financial trouble as a result of the case.
So we are faced with the prospect that a billionaire may secretly use his money to drive a news organization out of business. Gawker Media may be a singularly unsympathetic defendant, but that strikes me as the sort of money-fueled power imbalance that the First Amendment ought to expose, not enable. Is there anything we can do about it?
As Timothy B. Lee points out at Vox, “the law used to bar unrelated third parties from paying someone else to engage in litigation and financing a lawsuit in exchange for a share of the damages.” Unfortunately, it’s not likely in the current political climate that such a ban would be reimposed.
At the very least, though, efforts such as Thiel’s should not be secret. Denton’s lawyer should have been allowed to present information about how the lawsuit against Gawker was being financed, and to have an opportunity to question Thiel in front of the jury about his activities and motives.
What Warren and Brandeis wrote 126 years ago seems, if anything, even more applicable today:
The press is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and of the vicious, but has become a trade, which is pursued with industry as well as effrontery.
But Brandeis may yet come to Denton’s rescue. Whether Denton knew it or not, it was Brandeis he was channeling in his call for more speech. As Brandeis wrote in the 1927 case of Whitney v. California: “If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.”
So let Hulk Hogan sue. Let Peter Thiel finance that suit. But let it play out in the light of day so that all of us, including jurors, can weigh and assess everyone’s motives—not just Hogan’s, or Mrs. The Love Sponge’s, or Nick Denton’s, but Thiel’s as well. It’s not a perfect solution, but surely openness would help alleviate any free-speech concerns raised by Thiel’s surreptitious activities.
Chris Sweeney has written a sharp piece for Boston magazine on the state of the Boston Herald, the city’s number-two daily. As is generally the case with stories about the Herald, the overarching theme is: How much longer can the struggling tabloid cling to life?
And yet I wonder if that’s the right question. For a decade starting in the mid-1990s, I covered the Herald‘s ups and downs as the media columnist for the Boston Phoenix. If I had a dime for every person who told me the Herald had six months to live, I’d be a very rich man. Sadly, it was the Phoenix that didn’t survive.
As Sweeney notes, the Herald these days seems more like an extension of its online radio station than a standalone newspaper. Nearly two years ago editor Joe Sciacca gave me a tour of the paper’s new headquarters in South Boston, and I was impressed with what I saw—especially the amount of space devoted to multimedia and to the modern radio facilities.
My WGBH colleague Jim Braude tells Sweeney that not many people may be listening to Boston Herald Radio (OK, Braude’s actual quote is “I don’t think anyone listens”). But Braude also points out that it’s given the Herald a jolt of relevance in terms of high-profile guests like Mayor Marty Walsh, Governor Charlie Baker, and Donald Trump, whose appearances can then be written up and tweeted out.
Unfortunately, none of the top three executives at the Herald would speak with Sweeney, a group that comprises publisher Pat Purcell, Sciacca, and executive editor John Strahinich. It would have been useful to get some insights from them regarding the Herald‘s current business model. Not that I’m faulting Sweeney—I’ve been there. And his description of trying to get Strahinich to talk is pretty amusing.
But even though print circulation has shrunk precipitously and print advertising revenue is presumably scarce, the Herald does have some strengths. Sweeney does not report the size of the staff, but it’s small and therefore affordable. The sports section is very good. The website is slow and frustrating, but the third-party mobile app is excellent—and includes one-click access to Herald Radio. Purcell made a lot of money selling off the old headquarters in the South End; the Herald is now printed by the Boston Globe, which means that its larger competitor has every reason to keep its rival breathing.
So how long can the Herald survive? Keep those dimes rolling in.
The following is a press release from the ACLU of Massachusetts.
BOSTON—In a pair of unanimous, bipartisan votes, the state House of Representatives and Senate today passed the first major reform of Massachusetts public records law in four decades, sending it to Governor Charlie Baker, who has 10 days to sign, veto, or let it become law without his signature. If signed into law by Governor Baker, the legislation would address widely criticized weaknesses in Massachusetts public records law, which make it hard for citizens to get information about how their government functions.
“This is a great day for open government,” said Carol Rose, executive director of the ACLU of Massachusetts. “We thank the House and the Senate for making public records reform a priority and for getting the job done. We also call on Governor Baker to do the right thing and sign the bill as soon as it reaches his desk.”
The bill would:
Set clear limits on how much money government agencies can charge for public records;
Set reasonable time frames for responses to public records requests;
Allow municipalities to request additional time for compliance and the ability to charge higher fees to cover reasonable costs;
Strengthen enforcement of the law by giving courts the ability to award attorney fees to those wrongly denied access to public records.
The Massachusetts Freedom of Information Alliance—a coalition of open-government groups—praised the House and its leadership for making transparency a significant legislative priority. The coalition urged Governor Charlie Baker to sign the legislation without delay and usher in a new era of openness in Massachusetts state government.
“A strong public records law is critical to democracy and our ability as citizens to hold government accountable,” said Pam Wilmot, executive director of Common Cause Massachusetts. “With today’s vote, the House and the Senate made a significant commitment to transparency and freedom of information, improving open government, and moving our state a huge step forward from near last in the nation. This reform is long overdue and we hope the Governor will sign it without delay.”
In November, the Center for Public Integrity released a report that gave the Commonwealth an “F” grade on public access to government information for the second time in a row. Dozens of organizations have advocated for comprehensive public records law reform, arguing that the law is among the weakest in the country and needs updating for the digital age. State lawmakers made their last substantive amendment to the law in 1973.
“This bill represents a significant step forward for transparency in Massachusetts,” said Bob Ambrogi, executive director of the Massachusetts Newspaper Publishers Association. “It will do a lot to improve access to public records. We hope and expect Governor Baker will prove himself to be a transparency-minded Governor by signing it into law.”
“Massachusetts residents deserve a stronger public records law, and this bill offers many improvements. We look forward to the governor signing it into law and providing more opportunity to hold government officials accountable,” said Justin Silverman, executive director of the New England First Amendment Coalition.
The pending legislation advanced earlier in the week when a conference committee of six legislators reconciled earlier versions passed by the House and Senate. The bill passed by the House and Senate today includes provisions designed to reduce the cost of obtaining public records and ensure timely responses to information requests. In addition, by allowing courts to award attorney fees to those wrongly denied access to public information, the bill would bring Massachusetts into line with 47 other states. The new law would not make such fee awards mandatory, but would establish a presumption in favor of covering requesters’ legal costs when courts find the law has been violated. The bill also includes safety-valve mechanisms to enable municipalities to get extensions on compliance deadlines and to receive reasonable compensation when dealing with particularly complex, time-consuming requests.
One of the last great newspaper rivalries got a boost on Monday with the debut of Margaret Sullivan’s media column in the Washington Post. Sullivan’s first piece was more a preview of coming attractions than an attempt to dig deep. But with Jim Rutenberg having replaced the late, great David Carr at the New York Times earlier this year, our two leading general-interest newspapers now have dueling media critics for the first time in ages.
Sullivan, a former editor of the Buffalo News, joins a team of experienced media observers at the Post, including reporter Paul Farhi and blogger Erik Wemple. She is the Post’s first media columnist since Howard Kurtz, who left in 2010 for the Daily Beast. (Kurtz was also the host of CNN’s Reliable Sources. He moved to Fox News in 2013 following some well-publicized problems at both the Beast and CNN.)
The Post’s hiring of Sullivan shows just how small the world of elite media can be, given that she was recruited while serving as the Times’s public editor, as the paper calls its ombudsman. Sullivan was the fifth and, to my eyes, the best. As Michael Calderone of the Huffington Post put it, Sullivan “radically updated the role for the digital age by quickly addressing Times-related controversies and debates in real time and actively engaging on social media.” Sullivan will be replaced by Elizabeth Spayd, currently the editor-in-chief and publisher of the Columbia Journalism Review and previously (yes, you guessed it) an editor at the Washington Post.
Needless to say, it will be interesting to see whether and how Sullivan chooses to write about the Times. In a recent interview with public radio’s On the Media, she praised her former employer—but also expressed frustration over an institutional attitude of “when the Times decides to cover it, then it becomes news” as well as bemusement over its oft-mocked trend stories. Indeed, Sullivan started something she called the “Monocle Meter” after the Times ran a story about the supposed resurgence of monocles in Brooklyn—a resurgence that apparently came and went without anyone actually ever having been spotted wearing a monocle.
Rutenberg, a veteran political reporter, got into a spat recently when he wrote that not only did journalists in general miss the rise of Donald Trump, but so did data journalists like Nate Silver of FiveThirtyEight, whose empirically based methodology should in theory produce more accurate results. In a two-fer of Times-Post incestuousness, Rutenberg invoked an observation by the Post’s Farhi that “nothing exceeds the value of shoe-leather reporting” in criticizing Silver, who moved his site from the Times to ESPN after the 2012 presidential election.
Silver, never one to suffer in silence, ripped into Rutenberg on a FiveThirtyEight podcast. As Bill Wyman wrote for the Columbia Journalism Review, Silver called Rutenberg’s column “dishonest” and “unethical,” and rehashed some old grievances over the way he was treated at the Times by Rutenberg and others, saying they were “incredibly hostile and incredibly unhelpful.” Silver later subtweeted Rutenberg with a lengthy article in which he argued that he got Trump wrong not because of an overreliance on data but because his predictions that Trump would fade weren’t based on any data at all. “In other words,” Silver wrote, “we were basically acting like pundits.”
The rivalry between the Times and the Post has a long, colorful history As recounted in Chalmers Roberts’s 1977 book The Washington Post: The First 100 Years, when the Times published a condescending item in 1900 about longing for “the rudeness of New York” after spending some time in “amiable and inefficient Washington,” the Post replied: “No doubt. The pig returns to his wallow.”
After years of striving, the Post emerged on an equal footing with the Times over the constitutional crisis sparked by the publication of the Pentagon Papers. The Post captured the public’s imagination in a way the Times never had during and after the Watergate scandal. How could the Gray Lady possibly compete with a newspaper whose journalists were portrayed by movie stars like Robert Redford, Dustin Hoffman, and Jason Robards?
But the technological and cultural forces that have brought the newspaper business to its knees did considerably more damage to the Post than to the Times—that is, until Amazon’s Jeff Bezos bought the Post in 2013 and added about 100 journalists to its newsroom in a bid to transform the Post into a national digital newspaper.
Now, once again, the Post and the Times are genuine rivals. The Post’s executive editor, Marty Baron, and the Times’s, Dean Baquet, are longtime friends and competitors. Bezos said in a television interview that his goal was for the Post to become “the new paper of record,” a clear reference to the Times—and the Post took it a step further than even Bezos had by putting together an ad proclaiming itself already to be “America’s New Publication of Record.” The Post also moved ahead of the Timesin online readership, despite having a newsroom staff about half the size.
It is into this ancient conflict—once heated, then dormant, and now heating up again—that Margaret Sullivan and Jim Rutenberg have now been enlisted. This is going to be fun.
The Boston Globe has published a terrific story by reporter Lisa Wangsness and photographer Dina Rudick about a Congregational church in our West Medford neighborhood.
It was right down the street from us when we lived here in the early ’80s. When we returned to a different part of West Medford in late 2015, we noticed it had become a Haitian church and that the Congregationalists had moved into a storefront in West Medford Square. The storefront is called the Sanctuary United Church of Christ.
Two newspapers have dramatically improved their digital offerings. The Boston Globe has unveiled four radically redesigned web pages for the Boston’s professional teams—the Red Sox, the Celtics, the Patriots, and the Bruins. The emphasis is on huge photos and on gathering together in one place everything you want to know about your favorite team. Sports editor Joe Sullivan offers a rundown.
The Washington Post, meanwhile, is testing a new mobile website that it is calling its Progressive Web App, which you can access by clicking here. The PWA uses new technology to load instantly—as fast as Facebook Instant Articles, Apple News, or news stories coded for Google’s new Accelerated Mobile Pages (AMP) standard.
These are both a couple of leaps forward. Even though the Globe‘s online presence is better than that of many newspapers, it needs to communicate to its readers that digital is a superior experience to print. The sports pages could be a prelude of things to come in other parts of the paper. The Post is well-known for its cutting-edge technology, but the speed of PWA is—as chief information officer Shailesh Prakash is quoted as saying in this press release—”a game-changing experience.”
A couple of quibbles. First of all, the Globe needs to focus on speed. Its responsive website is loads quickly enough on my Mac, but it’s slower on my phone and slower still on my aging iPad. That’s as true of the new sports pages as it is of the rest of the site. Second, it would be nice if the Post‘s PWA site loaded on a tablet and not just on a phone.
Finally, I found the type size a bit on the small side in both products with no way to make it bigger.
I still haven’t gotten around to writing anything more substantive about the controversy over Facebook’s “Trending Topics.” But this Storify lays out my main arguments.
More than 40 years after he resigned as president, Richard Nixon remains the lodestar for political skullduggery. And so it was when Donald Trump threatened to retaliate against Washington Post owner Jeff Bezos in response to news that the Post is siccing 20 reporters on Trump to look into every aspect of his life and career.
Details about the Post’s Trump project, which will include a book, emanated from the lips of Post associate editor Bob Woodward, a twist that made it all the more cosmically significant. For it was Woodward, along with fellow Post reporter Carl Bernstein, who helped end Nixon’s presidency in 1974—but not before the Post had endured some fearsome attacks from the Nixon White House that threatened not just the newspaper but the First Amendment’s guarantee of a free press.
As you may have heard, Bezos’s day job is running Amazon, the online retailing behemoth that he founded. Trump, the presumptive Republican presidential nominee, told Fox News host Sean Hannity that Amazon has “a huge antitrust problem” and “is getting away with murder, tax-wise.” He added that Bezos is “using the Washington Post for power so that the politicians in Washington don’t tax Amazon like they should be taxed.”
Never mind that there is zero evidence for Trump’s accusation. His implied threat was utterly Nixonian in its stark assertion that he’d use the powers of government to harm Bezos in retaliation for journalism that he doesn’t like.
The roots of Nixon’s hatred for the Post extend back to the 1950s. David Halberstam, in his book The Powers That Be, wrote that it began over the cartoonist Herbert Block. Herblock, as he was known, regularly portrayed Nixon as a malign figure with a perpetual five-o’clock shadow, and his work was syndicated in hundreds of papers around the country. According to Halberstam, Herblock’s cartoons “became part of Nixon’s permanent dossier, reflecting all the public doubts and questions about him.”
It wasn’t until the 1970s, though, that Nixon attempted to translate that anger into action. In 1971, the Post joined the New York Times in publishing the Pentagon Papers, the government’s secret history of the Vietnam War, which showed that American officials had continued the fighting out of political cowardice for years after concluding that it was unwinnable.
According to then-publisher Katharine Graham in her autobiography, Personal History, the Nixon White House issued “a not very veiled threat” that the paper might face a criminal prosecution if it didn’t turn over its copy of the Pentagon Papers to the government. At the time, the Post was on the verge of becoming a publicly traded company, and it would have been devastating to the paper’s plan to raise money from the stock market if it had been convicted of a crime. And as my fellow WGBH News contributor Harvey Silverglate wrote for the Phoenix newspapers some years back, the Nixon administration actually considered prosecuting the Times and the Post even after the Supreme Court ruled in favor of the papers’ right to publish.
Woodward and Bernstein’s reporting on the Watergate scandal brought about perhaps the most infamous threat ever made against a newspaper. When Bernstein asked Nixon henchman John Mitchell to comment on a particularly damaging story, Mitchell responded: “Katie Graham’s gonna get her tit caught in a big fat wringer if that’s published.” More substantively, Nixon allies arose from the swamp to challenge the Post’s ownership of two television stations in Florida—challenges that faded away once Nixon had resigned from office.
“Henry Kissinger told me he felt that Nixon had always hated the Post,” Graham wrote, quoting Kissinger as saying of Nixon: “He was convinced that the Post had it in for him.” As Graham described it, the Post’s reporting on Nixon during the Watergate years became an existential crisis. If the paper hadn’t been able to prove Nixon’s involvement in the Watergate break-in and related crimes and thus force Nixon from office, the Post itself would have been destroyed.
Although the showdown between Nixon and the Post is the most dramatic example of the government’s attempting to destroy its journalistic adversaries, it is not the only one.
In the early days of World War II, after Colonel Robert McCormick’s Chicago Tribune reported that the United States may have cracked Japanese codes, President Franklin Roosevelt considered trying McCormick for treason, which could have resulted in the death penalty. FDR was talked out of it only because his advisers convinced him that such a drastic measure would only serve to alert the Japanese.
More recently, President George W. Bush’s Justice Department raised the possibility that the New York Times and the Washington Post could be prosecuted under espionage laws for reporting on a National Security Agency surveillance program (the Times) and on the rendition of terrorism suspects to countries that engage in torture (the Post).
And, of course, there is President Barack Obama’s relentless pursuit of government officials who leak information to the media—a pursuit that has ensnared a number of journalists, including James Risen of the New York Times. Risen fought the government for seven years so that he wouldn’t have to reveal the identity of the sources who had told him how the CIA had sought to wreak havoc with Iran’s nuclear program. Last year Risen called the Obama administration “the greatest enemy of press freedom in a generation.”
But note that Roosevelt’s, Bush’s, and Obama’s attacks on the press were grounded in legitimate concerns about national security, misguided though Bush may have been and Obama may be. (It’s hard to argue with FDR’s fury at McCormick, whose actions would not be protected by even the most expansive reading of the First Amendment.)
By contrast, Trump, like Nixon during Watergate, would go after the press purely for personal reasons—not by denouncing the media (or, rather, not just by denouncing the media) but by abusing his powers as president. Bring negative information to light about Nixon and you might lose your television stations. Report harshly on Trump and your tax status might be threatened—and you may even face an antitrust suit.
This is the way authoritarians reinforce their power—through fear and intimidation, the rule of law be damned. Despite all the benefit he has received in the form of free media, Trump hates the press. He has threatened to rewrite the libel laws, and now he’s threatened the owner of one of our great newspapers.
Trump is a menace on so many levels that it’s hard to know where to begin. But we can add this: Like Nixon, he is a threat to the First Amendment, our most important tool in holding the government accountable to the governed.
