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.

The New Haven Independent takes to the airwaves

WNHH station manager Lucy Gellman and New Haven Independent editor Paul Bass.
WNHH station manager Lucy Gellman and New Haven Independent editor Paul Bass.

John Dankosky stood before the 20 or so fledgling radio hosts who had crowded into the New Haven offices of La Voz Hispana de Connecticut and told them not to be afraid to assert themselves in the face of an overly talkative interview subject.

“It’s your show and it’s your microphone and they are your guests. You need to be the gatekeeper,” said Dankosky, vice president of news at Connecticut’s public radio network WNPR and host of the daily public affairs program “Where We Live.”

Dankosky was leading a session of Radio 101 for WNHH, a low-power FM (LPFM) community station scheduled to make its debut on August 11. The station is being launched by the New Haven Independent, a pioneering online nonprofit news site that debuted 10 years ago next month.

Read the rest at the Nieman Journalism Lab.

Talking about ‘The Wired City’ in San Francisco

I’ll be talking about how I researched “The Wired City” this Friday as part of a panel at the annual conference of the Association for Education in Journalism and Mass Communication, which is being held this year in San Francisco.

The panel is titled “Creation of Community in the Magazine Form: Legacy to Online.” I’m calling my talk “Observing the Online News Community,” and I’ll discuss the value of in-person observation and reporting when conducting research of this nature.

The discussion will be held from 3:15 to 4:45 p.m. and will be moderated by Sheila Webb of Western Washington University. Other panelists will be Elizabeth Hendrickson of Ohio University, Amanda Hinnant of the Missouri School of Journalism and Michael Clay Carey of Samford University in Birmingham, Alabama.

Globe seeks buyouts as it extends digital push

The Boston Globe is once again seeking buyouts, even as it ramps up to launch its life-sciences vertical, Stat, later this year. Editor Brian McGrory lays out the rationale in a memo to the staff, and warns that layoffs may follow if the unspecified goal isn’t reached. (Romenesko beat me, as I was on the road most of Wednesday.)

There’s a lot to chew over here, but let me make one observation. McGrory writes:

We’re proposing a new job category of “multiplatform editor,” someone who can copy edit, post to the web, and design web pages, morning through night. Some editors and producers will roll into that category quickly, but we expect all copy editors and layout/makeup/slot editors to take on significant web responsibilities in the very near future.

No one without these skills should have been hired after, oh, let’s say 2003. Yet here we are in 2015, and the Globe — as well as the newspaper business in general — are still wrestling with these issues. Though the copy-editing is bound to deteriorate to some extent, as McGrory himself acknowledges (“most stories will get fewer reads”), I see this mainly as a sign of how difficult it is to turn around a battleship such as a major metropolitan newspaper.

Here’s the full memo.

Dear colleagues,

In the worst kept secrets category, the Globe is launching another buyout program next week, this one specific to the newsroom. Similar to last year’s, we’ll use it as an opportunity to direct more resources to digital, a vital undertaking. Different than last year, it will also help us cut costs as we continue our transformation into a predominantly digital, subscriber-based news operation that will thrive for many years to come. If we fail in our savings goal through buyouts, we’ll be faced with the difficult prospect of layoffs in September.

Everyone in the newsroom will receive a buyout letter as early as next week. There’ll be nothing terribly fancy about the math. It’s two weeks for every year of service – the same as severance. I think the following line is on the save/get key of every editor in America: This may be the last buyout we offer. At some point, good or bad, that statement will be true.

Over the coming weeks, the plan is to focus change, in part, on the production end of the newsroom, including our copy editing, page layout, and web production functions. We’re proposing a new job category of “multiplatform editor,” someone who can copy edit, post to the web, and design web pages, morning through night. Some editors and producers will roll into that category quickly, but we expect all copy editors and layout/makeup/slot editors to take on significant web responsibilities in the very near future.

Our copy and layout desks have served this organization exceptionally well over many, many years. Every reporter and line editor at the Globe can point at specific instances where eagle-eyed desk editors have spared us from unspeakable embarrassment. Night after night, the desk improves our copy and makes the paper gleam. The issue, though, is that we can’t afford the kind of print-centric copy editing operation that we have maintained for too long. We can’t afford it financially, and we can’t afford what it does to our larger enterprise, which is to implicitly put an undue focus on print when we’re otherwise making such significant strides emphasizing digital.

So what does it mean, practically? Details are being worked out, but it will mean a streamlined copy editing operation. It will mean that most stories will get fewer reads, placing more responsibility on reporters and line editors to make sure they’re in good shape. It means that rather than a copy desk, we will have a multiplatform production desk where stories are copy edited, posted on line, perhaps placed in the social stream, and later set on pages for print. The Sports desk is already doing this. Now we need to bring it to the Universal and Features desks.

Since we spoke about our digital ambitions in April [see this], progress has been steady. We’re up about 15 percent in page views from this time last year, when we had a record-breaking summer. We’re posting far more stories far earlier in the day, including hefty enterprise stories slated for the next day’s print front page. Our digital first reporters have made a deep and meaningful mark in terms of tone, speed, and quality. Our newsletters in sports and politics are uncommonly well done and popular. And in truth, ever more reporters and editors are seeing themselves as digital first, which is exactly as it should be. This talented newsroom needs to focus even more on the journalism, not the platform. Readers will consume us in whatever form they choose.

But we need to do more. We need to be crisper in our execution of stories. We need to continue to hire more reporters and graphic artists who are native to the web. We need to go department by department, looking to redirect our talent and focus to digital – meaning that jobs will likely change in the coming weeks and months. We need to further break the long-held rhythms of a print operation. We need to be more thoughtful and structured in how we roll out our enterprise, our most widely read work. On that last point, [BostonGlobe.com editor] Jason Tuohey has developed a release schedule that will help guide us every day, dictating when enterprise is put online and in the social stream to maximize readership. Jason and [managing editor for digital] David Skok will be meeting soon with department heads and web editors to elaborate.

Amid this transition, the realities of the industry dictate that more cuts be made, and we’re looking around the newsroom and across the company, always with an eye to protect our journalism. We’ve frozen most open positions, though not all, throughout the building. There have already been layoffs in other parts of the building, and those will continue. We’re looking at some modest page reductions in the newsroom. We’re cutting back on freelance spending, which the page reductions will make easier.

All of this is an effort not only to live within our means, but to create a sustainable news organization, one that depends far more on digital subscriptions, where revenue is rising, than on print advertising, where our industry faces inexorable declines. In this effort, we are well positioned for success. The company has no debt. We have no pension obligations, which were left with the New York Times. We don’t have an owner looking to ratchet up margins. We have an innovative spirit. We have a deep, deep reservoir of talent and ambition. We’re simply looking to turn a modest profit, which the ownership will then invest in the enterprise.

On so many fronts here, we’ve already seen significant progress. Print circulation has been largely stable, with nominal declines. In terms of digital circulation, we have more subscribers than any other news organization outside of New York – and those readers are paying more money for a subscription than any other place besides the Times or Wall Street Journal. The site reads and looks terrific, with an increasing emphasis on web-only graphics and stories, work that thrives in the moment and is geared to our online readership.

For that matter, your work in the paper has been equally compelling. In fact, many of our investments have paid off, not in jackpot fashion, but in upward movement. The standalone Business section has been a major hit with readers and advertisers. The premium Sunday magazines are leading to a major revenue increase from last year. Some big-ticket advertisers are pushing to bring Capital back to a freestanding section in September, which we’ll likely do. Sunday Travel and Address are two absurdly readable sections that have succeeded in stemming declines or are seeing category increases. Sunday Arts is a source of weekly pride and reader enjoyment. For the first time, regional and national brands are partnering with us in novel, cross-platform advertising campaigns that include event sponsorships.

And then there’s the daily journalism – accountability reporting, narrative writing, elaborate beat reporting, stories that inform and entertain. We have set the agenda with our even-handed yet penetrating coverage of the Olympics bid, from birth to this week’s death. Nobody’s been better at chronicling the downfall of the Red Sox and the meaning of Deflategate. Nobody has more accessible and insightful critics. Our DC bureau has reported and written like a dream, from Vienna to Iowa. Our Tsarnaev trial coverage caught the attention of the world. Exceptional online presentations and graphics, from Pedro Martinez to the impact of global warming on the Arctic Ocean, are becoming wonderfully commonplace. The list could go on. Which is to say, again, the business model for journalism may be broken, but the journalism, specifically your journalism, is not.

Change is exciting, but the nasty sibling of change is uncertainty, and that can be scary as hell. Please remember that this newsroom has accomplished extraordinary journalism in the face of enormous uncertainty for many years running. We’ve been threatened with closure. We’ve been twice put up for sale – before fortunately landing with a deeply committed owner. We, like everyone else, have seen significant staff reductions. And through it all, you’ve created cutting edge and thriving websites. You’ve won Pulitzer Prizes and every other award under the sun. You produce one of the most thoughtful and provocative daily reports in the nation. The next couple of months will carry another dose of pain, again in the departure of prized colleagues. But please don’t doubt that we’ll emerge as a healthy and forward-looking enterprise, primed for continued excellence.

I’ll be in the Winship Room next Tuesday at 11, 2, and 6 to hear your thoughts and take your questions. I’m of course available any time before then; just reach out. Meantime, thanks as always for all you do.

Also published at WGBHNews.org.

Boston Herald lays off six, according to union

Update, July 27: Just got word that four, not six, Boston Herald employees were laid off last week, none in editorial.

Awful news coming out of the Boston Herald this afternoon. The Newspaper Guild tweets:

Let’s keep the heat on for public-records reform

In case you missed it, Todd Wallack has a tremendous article in Sunday’s Boston Globe on our broken public-records system in Massachusetts.

Wallack begins with a killer anecdote: a $2.7 million price tag placed on Breathlyzer records a lawyer was seeking from the State Police. The lawyer, Thomas Workman of Taunton, says that other states charged him anywhere between nothing and $75.

“I was more disappointed than surprised,” Workman is quoted as saying. “I do work across the country, and I have more trouble trying to get information in Massachusetts than other places.” And oh, by the way: he never got the records he was seeking.

Right now is when you can make a difference, as I noted in a blog post reporting that the Massachusetts Municipal Association (MMA) is trying to derail reform. Rather than sending my legislators emails, I posted on their public Facebook pages. State Rep. Sean Garballey, D-Arlington, responded by telling me that he’s a co-sponsor of legislation that would significantly improve the law. I haven’t yet heard from state Sen. Pat Jehlen, D-Somerville, but will let you know if and when I do.

And this just in: Bob Ambrogi, a media lawyer who’s executive director of the Massachusetts Newspaper Publishers Association, sent out an email a few minutes ago warning that the MMA may have already succeeded, as a House session to vote on the reform legislation — now House 3665 — has been canceled. Let’s keep pushing. Ambrogi writes that “the bill may now be effectively killed.”

Not yet. Let’s keep pushing. Not sure who’s representing you on Beacon Hill? Just click here.

Cities and towns seek to derail public-records reform

A serious attempt to reform the state’s broken public-records law — the shortcomings of which I described recently in the WGBH News Muzzle Awards — is on the verge of being derailed by the Massachusetts Municipal Association (MMA), according to advocates.

On Friday came word that the state Legislature was likely to pass the long-awaited reform bill, House 2772, according to The Boston Globe and State House News Service. The bill, though not perfect, includes key provisions to hit noncompliant government agencies with lawyers’ fees and to limit how much those agencies can charge for complying with public-records requests.

Now comes word that the municipal association, a lobbying group for the state’s cities and towns, is working to prevent final passage. Here is a statement sent out by the MMA in which the bill is denounced as an “unfunded mandate” that could be used to “harass” local officials.

The following is an email sent to me by Bob Ambrogi, executive director of the Massachusetts Newspaper Publishers Association.

Hi Folks,

It is do or die time for MassFOIA, because our public records bill, which was on the move, is now under aggressive attack.

As of yesterday, the plan was for a House vote on our public records bill next Weds, with a Senate vote the following week. Now, the MMA is fighting back with everything they have [a reference to the document linked above] and we need to do the same or the bill may be dead.  In fact, it appears the House has cancelled their formal session for next week so our reform efforts are in mortal danger. If they kill the bill now, it will be all the more difficult to revive.

So, please:

1) Write to your members to get them to call or email their legislators. I’ve attached an email that Pam wrote to Common Cause members this morning. [Note: I have not included the attachment.]

2) Stay tuned as we develop materials over the weekend and early next week that you may need to sign onto — such as a coalition letter. We will need a quick turn around.

3) Keep your eyes open for updated talking points over the weekend.

Thanks for your support of this critical issue!

Best,

Gavi Wolfe, ACLU of Massachusetts
Pam Wilmot, Common Cause Massachusetts
Bob Ambrogi, MA Newspaper Publishers Association
Justin Silverman, New England First Amendment Coalition

A few thoughts on the Globe’s digital rate hike

CommonWealth Magazine editor Bruce Mohl reports that The Boston Globe is about to increase its digital-only subscription rate by 74 percent — from $3.99 to $6.93 a week, or about $1 a day.

As I told Bruce for a follow-up, it’s a bold move — maybe too bold. The Globe has had a lot of success with paid digital subscriptions, having sold around 78,000 of them as of last September, according to the Alliance for Audited Media. The AAM does a lot of double- and even triple-counting of digital (the Globe itself claims a more modest 65,000, according to Mohl’s article), but that’s still an impressive number.

I’m sure some subscribers will walk away rather than pay the higher fee, but probably not too many. If you’re paying to read the Globe, it’s most likely because you are a committed Globe reader of long standing. To invoke the old cliché, $1 is considerably less than the cost of a cup of coffee. Still, some will cancel:

https://twitter.com/billweye/status/622065730704556032

Newspaper companies charge for content at their peril. News executives may chafe at giving away their journalism, but members of their audience don’t feel like they’re getting anything for free — not after paying hundreds of dollars a month for broadband, cell service and their various digital devices.

https://twitter.com/billweye/status/622072094835245056

https://twitter.com/billweye/status/622074428550184960

Interestingly, while the Globe itself is becoming more expensive, John Henry and company are also making some big bets on free with sites like Crux, BetaBoston, Boston.com and the forthcoming life-sciences vertical, which will be called Stat according to several employment listings I’ve seen.

I wish the Globe success as its executives try to figure out how to pay for journalism in the 21st century. But at this point I think it would be wiser to focus on building their subscriber base than trying to squeeze more out of their existing customers.