Some books that may change the way you think about modern media

Photo (cc) 2020 by R. Miller

Ezra Klein has some great book recommendations for understanding how social media, cable news and technology are rewiring our brains. Marshall McLuhan is nearly impenetrable, but Nicholas Carr’s “The Shallows” (2010) and Neil Postman’s “Amusing Ourselves to Death” (1985) will open your eyes.

To Klein’s list I would add two more: “Communication as Culture” (2008), a collection of essays by the media theorist James W. Carey, and “Magic and Loss: The Internet as Art” (2016), by Virginia Heffernan, which I reviewed for GBH News back in the day.

Still more on the LA Times dispute

I hadn’t intended to post about the Los Angeles Times matter twice in one day. But Paul Farhi of The Washington Post has a strong article (free link), including what I believe is the first objective look at the various drafts of Paul Pringle’s story. Farhi writes:

The former Times editors shared two drafts of the story with The Post to bolster their case that it grew stronger with each round of editing. A draft from February 2017, for example, doesn’t mention a key figure in the story — a “girlfriend” of [former USC medical school dean Carmen] Puliafito’s who allegedly overdosed in a hotel room with him. Pringle subsequently tracked her down and interviewed her. The reporting team also later added descriptions of videos and photos in which she and the dean are seen using drugs.

These critical details were included in a version of the article that was written by early April. “The new reporting is tremendous,” [LA Times managing editor Marc] Duvoisin wrote to Grad on April 6 [2017]. But to Pringle’s irritation, Duvoisin and [assistant managing editor for investigations Matthew] Doig asked for more reporting, including about two figures who subsequently added eyewitness corroboration.

Earlier:

LA Times reporter slashes back in battle with his former editors

Los Angeles Times investigative reporter Paul Pringle has responded to an essay by Matthew Doig, a former Times editor who claims that Pringle falsely accused him and other top executives of slow-walking his reporting on a sex-and-drugs scandal at the University of Southern California so as not to offend an important advertiser and business partner.

Pringle made his accusations in his new book, “Bad City.” The dispute is pretty complex, so you might want to read this for background and then come back. The New York Times also has a good overview (free link). Here’s part of what Pringle has to say in a rebuttal that was published by Los Angeles Magazine:

The Times fired Davan Maharaj, Marc Duvoisin and Matthew Doig after I and four other reporters complained about their handling of the story that is at the heart of “Bad City” — corruption at the University of Southern California. The firings came after an internal inquiry and were wildly popular in the Times’ newsroom. After the editors were gone, the USC reporting team continued to produce one major story after another about the school, and three of us eventually won a Pulitzer Prize for that work.

Maharaj was editor and publisher under the Times’ previous owner, the unfortunately named tronc; Duvoisin was managing editor, and Doig was assistant managing editor for investigations. Pringle also writes:

In the months leading up to the publication of the book, the three editors were given the opportunity to respond to the manuscript, including through an interview. They ultimately chose instead to retain attorneys to threaten lawsuits, with the clear intent of stopping publication of “Bad City.” Those threats similarly contained no factual challenges to my reporting.

Doig’s Medium post links to documents that make him look good but not to others that don’t, including his failed attempts to rewrite our drafts of the story, which focused on the drug-abusing and drug-trafficking dean of USC’s medical school. His rewrites were deemed unpublishable not just by the five reporters (we would have never put our bylines on them), but also by Duvoisin, who finally took the story away from him.

Duvoisin wrote his own response to Pringle’s allegations that I missed earlier. Despite Pringle’s contention that Duvoisin overruled Doig, Duvoisin’s defense parallels Doig’s, calling Pringle’s claims “entirely false.” Duvoisin continues:

The USC story was not killed; it was sent back for more reporting, which improved it immeasurably, and it was published on the front page. The reporters who worked on the story were never blocked; they were edited. They did not fight against dark newsroom corruption; they were held to high standards — and resented it. They did not work in secret. They merely thought they were working in secret, which is kind of amusing when you think about it.

Similarly, Maharaj posted a comment to Doig’s essay that begins: “Matt [Doig] did an excellent job shooting down the endless falsehoods in ‘Bad City,’ which accuses me of ‘killing’ the initial story. That is not true.”

The Post’s recap about the 10-year-old rape victim omits a significant detail

Elahe Izadi has an excellent account (free link) in The Washington Post on how two Gannett papers got the story about a pregnant 10-year-old rape victim right while elements of the national media expressed skepticism — or worse.

One shortcoming, though: The story plays down the role of Post fact-checker Glenn Kessler (who’s not even named) in mainstreaming the right-wing talking point that Dr. Caitlin Bernard might have been passing along a rumor she heard, or even lying. As we later learned, Bernard was the doctor who actually cared for the victim. Right from the start, though, the Indianapolis Star had Bernard on the record, and Kessler didn’t have enough information to call her account into question.

As we also know, the story was confirmed when The Columbus Dispatch reported that an arrest had been made. Overall, as I wrote several weeks ago, it was a fiasco for the media — especially on the right, but in the Post as well.

An explosive retort to a book about an alleged cover-up at the Los Angeles Times

Photo (cc) 2015 by Dan Kennedy

Earlier this month, The New York Times published a fascinating book review about a sex-and-drugs scandal at the University of Southern California — and about an alleged attempt by the top leadership at the Los Angeles Times to cover it up. I put the book, “Bad City,” by Paul Pringle, at the top of my reading list, thinking I might assign it to my media ethics students this fall.

Oh, but not so fast. Because one of the editors who handled the USC story, Matthew Doig, has written a retort on Medium. And believe me, you can tell he’s not worried about the possibility that Pringle will sue him. Among other things, Doig calls Pringle’s book “utter bullshit” and writes that “it’s disappointing that several media outlets have thus far failed to bring even a modicum of skepticism to such an absurd tale. The truth is that Pringle is a fabulist who is grossly misrepresenting the facts to support his false narrative.”

Whoa. To provide a bit of background, Pringle was part of a team of reporters who looked into the matter of Carmen Puliafito, the dean of USC’s Keck School of Medicine, who was video-recorded taking crystal meth and heroin with a group of young people and who turned a young woman into essentially his sex slave. This is pretty explosive stuff. In “Bad City,” Pringle claims that the LA Times’ leading executives, publisher and editor Davan Maharaj and managing editor Marc Duvoisin, tried to squash the story because USC was one of the paper’s most important advertisers. As NY Times reviewer Katie Benner puts it:

Pringle’s fast-paced book is a master class in investigative journalism, explaining how a reporter wrestles information and documents from reluctant sources and government officials. It is a stark look at the weakening of local news, especially at The Los Angeles Times.

I should add that this played out in 2016 and ’17, when the paper had been suffering from years of chaotic ownership. The billionaire surgeon Patrick Soon-Shiong bought the paper in 2018, bringing a measure of stability as well as some much needed financial resources.

According to Pringle, Maharaj and Duvoisin may have been forced out as a consequence of their bad behavior. Doig, the assistant managing editor for investigations, also departed. Although he’s not named in Benner’s review, he is identified in several excerpts from Pringle’s book that have been published elsewhere. Here’s what Doig has to say about how the USC story actually played out:

And on and on Doig goes, including a mind-boggling anecdote in which he claims that Pringle became enraged after Doig referred to a draft of his story as “good” rather than “great.”

So who’s telling the truth? I’m not going to touch that one, especially since I haven’t read the book. But it seems significant that Doig not only used what lawyers call “actionable” language in writing about Pringle but that he’s also landed on his feet — he’s now investigations editor at USA Today. Likewise, Duvoisin is now editor-in-chief of the San Antonio Express-News, which has done so much good work on the Uvalde massacre. Maharaj has had his own problems, but those appear to have nothing to do with his handling of the USC story.

One question that’s worth asking is what responsibility news organizations have in passing along accusations such as those leveled by Pringle in his book without doing any fact-checking of their own. Doig goes into some detail about that in his essay. Among other things, he laments the lack of fact-checking by the book’s publisher (welcome to the wonderful world of books) and writes that the NY Times should have done some reporting:

The New York Times wrote a cloying review of Pringle’s book that included a character assassination of Duvoisin and Maharaj (I wasn’t named in the review), but the reporter failed to contact Duvoisin and Maharaj for comment. When I emailed the reporter and her editor about it, the editor responded that it was a review, not a reported story, and that I should contact Pringle’s publisher.

I have to say that the NY Times editor is right. Reviews are not reported pieces, and it would be unheard-of for a reviewer to re-report the facts in a book they are reviewing.

So what’s next? Personally, I’ve crossed “Bad City” off my reading list and am not going to assign it to my students — though I may pull together some readings, including excerpts from “Bad City,” Benner’s review and, of course, Doig’s essay. I’m also interested to see whether the controversy dies down, or if instead there’s much more to come.

Should a media defendant be able to keep sources confidential in a libel suit?

Everett Square circa 1905. Photo is in the public domain.

Adam Gaffin has a wild story in Universal Hub about a lawsuit filed against the Everett Leader Herald and the city clerk by Everett Mayor Carlo DeMaria. There are all kinds of entertaining details. Among other things, we learn that the Leader Herald “has referred to DeMaria as ‘kickback Carlo,’ said he is ‘on the take,’ and referred to ‘DCF,’ or ‘DeMaria’s Crime Family.’”

What caught my eye, though, was that the Leader Herald has agreed to go along with a court order to identify 10 of 12 confidential sources. The names had previously been given to Superior Court Judge James Budreau, who ruled that their claim to anonymity was weak. In the following excerpt from Budreau’s opinion, Resnek is a reference to Joshua Resnek, the publisher and editor.

A threshold question facing the Court is whether Defendants have insufficiently supported their claim that the 12 sources used by Resnik [sic] in the articles core to this litigation were given a promised [sic] of confidentiality in exchange for their information…. Defendant Resnek subsequently filed an affidavit which states that all the sources at issue had “provided information to me based on the promise/understanding that their names/identities would not be revealed and would be kept confidential.” Not only does this averment lack specificity for each of the 11 [?] alleged confidential sources, but it’s unclear whether each source was promised or merely understood or believed that their identities would not be disclosed. If they understood, what was the basis of their understanding?

In other words, the judge concluded that Resnek failed to make a strong case that the sources had been granted confidentiality in the first place. Perhaps that will take the sting out of Resnek’s decision to go along with the judge’s order and allow those sources to be publicly identified.

The problem of keeping sources confidential in a libel case is reminiscent of a dilemma that The Boston Globe faced in 2002, when the paper was sued by Dr. Lois Ayash for incorrectly identifying her as the “leader of a team” that signed off on an overdose of an experimental chemotherapy drug that was given to two patients at Dana-Farber Cancer Institute. One of those patients was Globe reporter Betsy Lehman, who died as a result of the overdose.

In that case, the Globe refused an order by Superior Court Judge Peter Lauriat to reveal his confidential sources. Lauriat ruled that, because Ayash did not have the evidence she needed to pursue her suit — evidence to which she was entitled as a matter of law — then she should win her case by default.

“The Boston Globe, long a champion of the freedom of information and of unfettered access to public (and even not-so-public) records, has unilaterally and unnecessarily interrupted the free flow of information that may be critical to Ayash,” Lauriat wrote, according to an account by the Reporters Committee for Freedom of the Press. A jury awarded her $2 million, a judgment that was upheld by the state’s Supreme Judicial Court in 2005.

Richard Knox, the Globe reporter whose story was at issue in Ayash’s libel suit, thought the court should have respected his promise not to identify his confidential sources. “I’m disappointed that the courts don’t understand that honoring commitments to sources goes to the heart of what journalists do every day,” he was quoted as saying.

But though Knox and the Globe may have acted out of principle, they were mistaken to think that should have come without a cost. In fact, there is no ironclad legal right for journalists to protect their confidential sources. I’d say that Judge Lauriat made the right call in demanding that the Globe give up its sources; after all, Ayash was entitled to make her best case. The Globe also made the right call, expensive though it was, by saying no.

The situation in Everett, by contrast, is weird and hard to parse. Is Resnek really breaking a promise of confidentiality if the guarantees he made to his sources were not plainly stated, as Judge Budreau suggests? Needless to say, it will be interesting to see what those sources have to say.

How the very real story of a 10-year-old rape victim turned into a media fiasco

Experienced media critics know — or should know — that you don’t try to knock down a story based on an on-the-record source unless you’ve got the goods. But that didn’t stop Washington Post fact-checker Glenn Kessler from wading in over an article published on July 1 in the Indianapolis Star by Shari Rudavsky and Rachel Fradette. They reported that patients were traveling to Indiana, where abortion is still legal, following the Supreme Court’s overturning of Roe v. Wade.

Kessler’s interest was sparked by the lead anecdote. Dr. Caitlin Bernard, an OB/GYN in Indianapolis, said she’d been contacted by a doctor in Ohio and asked if she could help arrange an abortion for a pregnant 10-year-old rape victim. Noting that Indiana might soon outlaw abortion as well, Bernard was quoted in the article as saying: “It’s hard to imagine that in just a few short weeks we will have no ability to provide that care.”

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By the time Kessler decided to weigh in, the story had gone viral, cited by President Biden and criticized in anti-abortion circles for its lack of verifying details. Kessler wrote:

The only source cited for the anecdote was Bernard. She’s on the record, but there is no indication that the newspaper made other attempts to confirm her account. The story’s lead reporter, Shari Rudavsky, did not respond to a query asking whether additional sourcing was obtained. A Gannett spokeswoman provided a comment from Bro Krift, the newspaper’s executive editor: “The facts and sourcing about people crossing state lines into Indiana, including the 10-year-old girl, for abortions are clear. We have no additional comment at this time.”

Kessler also reported that Bernard declined to provide any additional details when he contacted her by email, and that he could find no evidence that a criminal investigation might be under way. Here is Kessler’s conclusion:

This is a very difficult story to check. Bernard is on the record, but obtaining documents or other confirmation is all but impossible without details that would identify the locality where the rape occurred.

With news reports around the globe and now a presidential imprimatur, however, the story has acquired the status of a “fact” no matter its provenance. If a rapist is ever charged, the fact finally would have more solid grounding.

I tweeted at Kessler last Saturday:Glenn, you say you asked Dr. Bernard for the name of her colleague and the city where they’re located, and she declined to answer. But did you press her on her conversation with her colleague and what convinced her that the anecdote is real?

Kessler did not respond. I later found out that Kessler doesn’t reply to tweets but will respond to DMs or emails. It’s in his Twitter bio, but I hadn’t looked. Why would I? I know who he is.

I’m trying to be as clinical as I can here and give Kessler his due for leaving himself open to the possibility that the story might be proven true. But keep in mind that the Star had Bernard on the record telling them that she had been contacted directly by another doctor who wanted to know if she could help with the 10-year-old rape victim. Bernard was not passing along a rumor she’d heard. She had direct knowledge. The story was a little thin since the Star didn’t (and probably couldn’t) verify this horrifying anecdote. But we see thinner stories than this on a regular basis, including in The Washington Post.

Well, you probably know what happened next. On Wednesday, The Columbus Dispatch reported that “a Columbus man has been charged with impregnating a 10-year-old Ohio girl,” thus vindicating both Dr. Bernard and the Star, a sister newspaper. Kessler tweeted:The last line of this fact check was: ‘If a rapist is ever charged, the fact finally would have more solid grounding.’ Now, a rapist has been charged and the story has been updated. Getting lots of angry emails but journalism is an accumulation of facts.

Yes, journalism is an accumulation of facts. The problem here is that Kessler lacked sufficient facts to go with his original story, to which an update has been appended. A fair reading of his original piece was that he thought there was a good chance that Bernard’s story wasn’t true, and that the Star reporters were being credulous for passing it along. He wasn’t able to prove it, so he should have just let it go, regardless of what lingering suspicions he might have had.

I’ll repeat — yes, it was a little thin, but we see worse every day. Also: We have no way of knowing whether Bernard might have provided the Star with some confirming details on an off-the-record basis. The Bottom Line, to borrow Kessler’s rubric: He shouldn’t have gone there without convincing evidence that the story wasn’t true.

Now, I’ve gone on at some length about Kessler’s misjudgment while saying nothing about the outrageous rhetoric that played out on the right. That’s because Kessler is a respected journalist working for a careful, highly regarded news organization. It’s fair to hold Kessler and the Post to a higher standard than propaganda outlets — but we also need to acknowledge their toxic, corrosive effect.

Among the worst was the opinion section of The Wall Street Journal, which published an editorial headlined “An Abortion Story Too Good to Confirm.” The subhead is a howler: “Biden told a tale of a 10-year-old rape victim that no one can identify,” blowing past the reality that the media don’t identify rape victims, let alone those who are 10.

“The tale is a potent post-Roe tale of woe for those who want to make abortion a voting issue this fall,” the Journal wrote. “One problem: There’s no evidence the girl exists.” The shameful editorial, which actually cited the far-right website PJ Media as an authority, has since acquired an editor’s note, and the paper has published a separate, defensive never-mind editorial.

Finally, Laura Hazard Owen of Nieman Lab has written an exceptionally good overview of the whole sorry episode. The headline: “Unimaginable abortion stories will become more common. Is American journalism ready?” The early evidence is not encouraging.

‘On the Media’ decides once again that there’s nothing going on in media this week

I’ve said this before, most recently in an update on former “On the Media” cohost Bob Garfield. But I’ll say it again: the show’s major shortcoming, whether Garfield is there or not, is that they too often talk about anything except the media.

This week’s program is a good example of that. Brooke Gladstone and company did a full hour on the science, history and culture of (get ready for it) obesity. Now, if they had wanted to, they could have devoted one of the segments to harmful media depictions of obesity, but they didn’t even do that other than in a few passing references. No. Just a straight-up documentary about a topic that has nothing to do with the reality that the media and politics are on fire and we need OTM to help us make sense of that. Every week.

As always with “On the Media,” the show was interesting and well-produced. But I have to say that if I hadn’t put it on in the car and didn’t want to pull over, fiddle with my iPhone and select something else, I probably wouldn’t have listened to it. For anyone in media, this particular episode (and too many others) was not essential listening.

There are plenty of podcasts out there on general topics of interest. Only one is called “On the Media.”

Say it again: Bad data, not bad reporting, is what led to media failures in 2016

Photo (cc) 2005 by stu_spivack

This drives me crazy. In a New York Times review of Katy Tur’s new memoir, “Rough Draft,” Joanna Coles writes about Tur’s coverage of the 2016 presidential campaign:

Tur, then in her early 30s, spent 510 exhausting days on the road for NBC News pursuing Trump and quickly realized — contrary to the opinion of her newsroom and the assumptions of the mainstream media — that he absolutely could win.

I’m sorry, but the idea that the media failed because they were hermetically sealed in their blue bicoastal bubbles — and that intrepid reporters like Tur were more in touch with what was happening — is perniciously wrong. It’s a myth that’s led to hundreds if not thousands of stories about Donald Trump voters in diners (do yourself a favor and read this), grounded in the false belief that if only journalists had been listening to working-class white voters in swing states they wouldn’t have been quite so secure in their belief that Hillary Clinton was going to win.

In fact, those predictions that Clinton would easily beat Trump were based not on smug assumptions or a lack of reporting. They were based on data. Poll after poll, conducted by smart, experienced pollsters, showed that Trump had no chance. The polls were off, but not by as much as we think. After all, Clinton did win the popular vote by nearly 3 million. In percentage terms, Trump (46.1%) didn’t even do as well as Mitt Romney (47.2%) four years earlier. It’s just that Clinton piled up her margin in the wrong states, allowing Trump to eke out a tiny Electoral College victory. It’s a problem that’s only going to get worse unless we make some long-overdue changes to the Constitution, as I wrote recently.

My point is not to relitigate the 2016 election. Rather, it’s to remind us of why the media got it wrong. This is a big country. For every enthusiastic Trump rally, there were others with scores of empty seats. For every flat Clinton appearance, there were those where she and the crowd were energized. Anecdotal evidence, no matter how much of it you accumulate, is of limited value. The media didn’t blow it because they weren’t listening to Trumpers. They blew it because they believed the data. Ask yourself this: If those Nate Silver-style projections showed Trump, rather than Clinton, with a 70% chance of victory, do you think the press would have ignored that? Of course not.

Then again, why is media failure defined by getting predictions wrong? Democracy would have been better served if the press had spent more time simply covering the campaign and less time trying to figure out who was going to win.

By the way, Tur sounds like a pretty amazing person as well as a fine reporter.

Ron DeSantis, public education and the authoritarian impulse

Ron DeSantis. Photo (cc) 2017 by Gage Skidmore.

Update: CNN fact-checker Daniel Dale reports that faculty and students would not be required to answer the survey, although colleges and universities will be required to administer it.

There isn’t a high-ranking elected official in the country today who embraces repression more than Gov. Ron DeSantis of Florida.

DeSantis, a Republican who’s positioning himself to run for president in 2024 if Donald Trump doesn’t — or maybe even if he does — has a particular fixation on education, pushing through the state’s notorious “don’t say gay” law (which prohibits classroom instruction about sexual orientation and gender identity) and, through his allies, banning three professors at the University of Florida from serving as expert witnesses in a lawsuit against the state involving its restrictive voting-rights law (he backed down).

The latest outrage is a bill DeSantis signed into law this week that requires public universities to conduct a survey in which faculty members and students would be required asked to reveal their political beliefs. As Ana Ceballos reports in the Tampa Bay Times, the measure is part of DeSantis’ ongoing war against leftist beliefs on campus, and that “budget cuts could be looming if universities and colleges are found to be ‘indoctrinating’ students.” She quotes DeSantis as saying:

It used to be thought that a university campus was a place where you’d be exposed to a lot of different ideas. Unfortunately, now the norm is, these are more intellectually repressive environments. You have orthodoxies that are promoted, and other viewpoints are shunned or even suppressed.

Writing in Salon, Brett Bachman adds: “Based on the bill’s language, survey responses will not necessarily be anonymous — sparking worries among many professors and other university staff that they may be targeted, held back in their careers or even fired for their beliefs.”

Freedom of expression on college campuses has become a crusade on the right — yet it seems that the more grotesque examples of campus censorship come from the right, whether it be a campaign to delay tenure for the 1619 Project journalist Nikole Hannah-Jones at the University of North Carolina, to Trump’s threat in 2019 to cut federal funds to institutions that failed to protect free speech as defined by him, to DeSantis’ various outbursts.

DeSantis is one of the most dangerous politicians in the U.S. — a smarter, more disciplined Trump who might very well win the 2024 election, especially given the media’s desire to normalize him and get back to the business of covering politics like a sporting event. His attempts to silence the academy ought to serve as a signal as to what he’s really all about: the unsmiling face of authoritarianism.