Now here’s an interesting First Amendment dilemma. Judges in most states have broad discretion in whether to allow television cameras or audio recorders into their courtrooms. May the government also ban news organizations from broadcasting the official audio record of a criminal proceeding?
Under Maryland state law, the answer is yes: “The Maryland Code forbids anyone, including the media, from broadcasting official court recordings of state criminal court proceedings that were lawfully obtained from the court itself,” reported McKenna Oxenden in The Baltimore Sun.
But now that law is tottering on the brink of being declared unconstitutional. As Oxenden and Michael Kunzelman of The Associated Press reported last week, a U.S. district court judge has ruled that NPR may use official audio as part of its podcast “Embedded.” An upcoming episode will focus on the trial of Jarrod Ramos, who killed five people at The Capital Gazette in Annapolis, Maryland, in 2018. Ramos was found criminally responsible earlier this year. The current proceedings involve his sentencing.
Judge Richard Barrett’s ruling pertains only to NPR’s request. But a challenge to the constitutionality of the law itself is under way as well.
In defending the law, the office of Maryland Attorney General Brian Frosh disingenuously wrote that the ban, intended to maintain the “fairness and integrity” of criminal cases, does not infringe on freedom of the press because news organizations are free to use transcripts of the recordings in any way they like:
The statute does not prohibit any person from describing, transcribing, or reenacting any portion of a criminal trial. It bans only methods of communication that depict participants’ images and voices from inside the courtroom.
Bennett was having nothing of it. As the AP noted, Bennett rejected that argument in an earlier ruling, writing that the law “constitutes a prior restraint on speech that is irreparable as a matter of law.”
With the Maryland law seemingly well on the way to being overturned, it’s time to re-examine why television and radio journalists are usually banned from using the tools of their jobs when covering criminal cases. The excuse is generally the same as that advanced by Frosh — that they can attend and take notes like everyone else. But the First Amendment should guarantee that they can report from the courtroom just as they do from any other location: with video and audio so the public can see and hear how justice is being administered.
The Boston Globe keeps growing, announcing on Thursday that it’s adding a new section and newsletter on technology — an expansion made possible by two recent hires. It’s hard to think of a large regional paper other that the Globe that is actually building up rather than trying to stave off another round of cuts.
Yet labor strife at New England’s largest news organization seems to be getting worse. The Boston Newspaper Guild has targeted Globe Summit 2021 as a public relations opportunity in its nearly three-year-old quest for a new contract. Sens. Elizabeth Warren and Ed Markey have pulled out of the event in solidarity with the union, according to a Guild press release.
It takes two sides to come to an agreement, and I know that management has its issues with the way the Guild has conducted negotiations — just as the Guild has issues with what it describes as hardball tactics and unreasonable demands.
But it’s way past time for Globe owners John and Linda Henry to figure out a way to wrap this up to everyone’s satisfaction. There are just too many other good things happening for them to continue to let this drag the paper down.
The Burlington Free Press of Burlington, Vt. Photo (cc) 2019 by Dan Kennedy.
The NewsGuild is investigating Gannett for allegations of unpaid overtime work, according to Kerry Flynn of CNN. Flynn writes:
NewsGuild President Jon Schleuss sent a letter to Gannett CEO Mike Reed last Friday about the union’s plan to launch an investigation and requested the company do the same. The union also called on Gannett, which owns USA Today and more than 260 local publications including The Arizona Republic, the Detroit Free Press and The Indianapolis Star, to agree to other labor protections proposed in the ongoing union bargaining taking place in some of its newsrooms.
This is long overdue, and I hope the Guild doesn’t limit itself to Gannett’s unionized papers, which tend to be the larger dailies. Small dailies and its 1,000 or so community weeklies, many of which are in Eastern Massachusetts, need to be investigated as well.
Gannett journalists are grossly underpaid even at 40 hours a week. The only way Gannett has been able to keep its debt-addled ship afloat is by demanding sacrifice after sacrifice from its employees. It’s great that the Guild is taking action. Now let’s see federal authorities get involved as well.
Good move: The Boston Globe and Boston Black News are launching a monthly radio show called “Black News Hour Presented by The Boston Globe.” Its Friday debut will feature Boston mayoral candidates Michelle Wu and Annissa Essaibi George.
Washington Post columnist Jennifer Rubin ignored one of the most basic rules of going off the record this week — and got burned as a result.
Politico’s West Wing Playbook on Thursday ran a longish item on Rubin’s favorable coverage of the Biden White House, including her adopting some of the same complaints about media coverage used by administration officials.
“One Post employee said some people in the newsroom are increasingly frustrated that Rubin is parroting the administration’s critiques of the media, which they believe emboldens the administration to push back on journalists even further,” write Politico’s Alex Thompson and Nick Niedzwiadek. “Two others say they just try to ignore her or don’t read her columns.”
Thompson and Niedzwiadek write that they contacted Rubin for comment, and she responded with an email whose subject line was “OFF THE RECORD.” They proceeded to publish her response in full:
How utterly predictable that Politico would run the zillionth hit piece on a prominent woman, especially one candid in her critiques of Politico’s hysterical, clickbait style of coverage. The notion that I am polarizing in a newsroom (as opposed to any of the dozens of other opinion writers) is a “take” only Politico could come up with — by of course running around to ask the question in the first place. I trust the Post’s superb news side folks spend zero time thinking about me (as is entirely appropriate). My only surprise is that Sam [Stein, POLITICO’s White House editor], a very good journalist, would become enmeshed in such an obviously misogynistic publication. Surely there are finer publications that would have him.
And btw, what a low class move to do this on Yom Kippur at the last moment.
So what’s going on here? Both parties have to agree in order for something to be off the record. Thompson and Niedzwiadek write that they had no such agreement with Rubin — she simply sent her email assuming they would respect her wishes. They didn’t, nor should they. Journalists sometimes going along with such requests, especially if they come from a source with whom they have a longstanding relationship. But it should never be taken for granted. Rubin knows that, of course, and I wonder if she wrote her response half-expecting that Politico would use it.
In case you’re not familiar with her, Rubin has morphed over the years from a staunch conservative to a Never Trump conservative and now into a moderate liberal.
Finally, the Politico item is very Politico, snarky and assuming without evidence that Rubin is somehow acting in bad faith by writing favorably about President Biden and agreeing with the White House’s often-valid gripes about the media. Without her not-off-the-record quote, it wouldn’t be worth a read.
Like all of us who are old enough, I have vivid memories of Sept. 11, 2001, just as our older brothers and sisters do about the assassination of John F. Kennedy and as our parents and grandparents did about the attack on Pearl Harbor. As others have said over and over again, it was a cool, clear morning, a preview of fall. I was working at The Boston Phoenix, where I covered media and politics. I stepped outside to get coffee and ran into an old acquaintance.
“Isn’t it terrible what happened at the World Trade Center?” she asked.
I didn’t know what she was talking about. I hurried inside. American Airlines Flight 11, which originated at Logan Airport in Boston, had crashed into the North Tower. There was talk of terrorism.
The Phoenix did not have what you would call a well-equipped newsroom. We had a TV that got a handful of channels but no cable. It was obvious what I would be writing about, so I raced to my car and hurried home to the North Shore. I turned on the radio and listened to coverage of the second tower’s collapse just as I was rounding the bend to Route 1. And then I sat down in front of the television set, watching for hour after hour and wondering how I would make sense of it all. Finally, sometime well after midnight, I started to write.
The piece I came up with was headlined “The End of Decadence.” In it, I expressed my hope that the media would finally return to a sense of purpose and seriousness after a decade of wallowing in celebrity culture, the O.J. Simpson trial and the theater-of-the-absurd impeachment of a president over his tawdry sex life.
In fact, the media did change after 9/11, but not for the better. The downward slide didn’t happen immediately. At first, the press diligently covered the aftermath of the attacks. The New York Times ran a wonderful series on the victims called “Portraits of Grief.” Journalists sought to make sense of how security measures aimed at preventing such attacks had so thoroughly broken down. The hunt for Osama bin Laden was covered with great enterprise and courage.
But it wasn’t long before President George W. Bush, a unifying figure in the days immediately after the attacks, began leading the nation in a divisive direction. His uplifting rhetoric about Muslims was offset by the government’s treatment of Muslims as a security risk. He went to war not just in Afghanistan but in Iraq, claiming — falsely, as it turned out — that Saddam Hussein’s regime possessed weapons of mass destruction.
And the media went along for the ride. Few questioned the Bush administration’s claims about Iraq, and few questioned why our incursion into Afghanistan had turned into a full-fledged war to transform a place we didn’t understand into a Western-style democracy. The Times in particular disgraced itself with its credulous, gung-ho coverage, but so did most other news outlets — especially cable news. My late friend Danny Schechter, the “News Dissector,” called it “militainment,” a construction he borrowed from James Poniewozik, then with Time magazine, now with the Times.
Over the next few years, the wars and the Bush White House both lost support, and the media began to fracture into what we see today — a reflection of the polarization that has made it nearly impossible for Democrats and Republicans even to speak to each other. On one side we have the mainstream media, hardly perfect but dedicated to reporting the truth, trusted by about 60% of the country. On the other side we have right-wing propaganda that has convinced 40% of the country that Donald Trump won the 2020 election, vaccines are dangerous and critical race theory is the most serious threat facing us.
Last month, the 20-year misadventure set off by 9/11 was finally brought to an end as the United States pulled its last remaining troops out of Afghanistan. It was a chaotic, ugly finish, and President Joe Biden has received quite a bit of criticism for it. But it does bring a close to the story that began on that clear September day in 2001.
The conclusion of the war in Afghanistan ends an era in journalism as well. Think back to where we were. Fox News was barely a blip on the radar. CNN consisted of straight news rather than opinionated talk shows. There was no Facebook, no Twitter, no broadband. The internet-driven collapse of newspapers was still in the future. In other words, it was a time of consensus in the media and in the culture, at least compared with what was to come.
Over the weekend, Bush was praised for his forthright denunciation of the Trump-inspired domestic terrorists of 2021. “There is little cultural overlap between violent extremists abroad and violent extremists at home,” he said. “But in their disdain for pluralism, in their disregard for human life, in their determination to defile national symbols, they are children of the same foul spirit. And it is our continuing duty to confront them.”
That’s all well and good. But it was Bush, Dick Cheney and Donald Rumsfeld who started us down the road to Jan. 6 with their catastrophic wars, their trampling of civil liberties in this country and their use of torture abroad. And it was a combination of cowardice and gullibility on the part of too many in the media that helped bring us to the crisis of democracy we are dealing with today.
What could shock us about Facebook at this point? That Mark Zuckerberg and Sheryl Sandberg are getting ready to shut it down and donate all of their wealth because of their anguish over how toxic the platform has become?
No, we all know there is no bottom to Facebook. So Jeff Horwitz’s investigative report in The Wall Street Journal on Monday — revealing the extent to which celebrities and politicians are allowed to break rules the rest of us must follow — was more confirmatory than revelatory.
That’s not to say it lacks value. Seeing it all laid out in internal company documents is pretty stunning, even if the information isn’t especially surprising.
The story involves a program called XCheck, under which VIP users are given special treatment. Incredibly, there are 5.8 million people who fall into this category, so I guess you could say they’re not all that special. Horwitz explains: “Some users are ‘whitelisted’ — rendered immune from enforcement actions — while others are allowed to post rule-violating material pending Facebook employee reviews that often never come.”
And here’s the killer paragraph, quoting a 2019 internal review:
“We are not actually doing what we say we do publicly,” said the confidential review. It called the company’s actions “a breach of trust” and added: “Unlike the rest of our community, these people can violate our standards without any consequences.”
Among other things, the story reveals that Facebook has lied to the Oversight Board it set up to review its content-moderation decisions — news that should prompt the entire board to resign.
Perhaps the worst abuse documented by Horwitz involves the Brazilian soccer star Neymar:
After a woman accused Neymar of rape in 2019, he posted Facebook and Instagram videos defending himself — and showing viewers his WhatsApp correspondence with his accuser, which included her name and nude photos of her. He accused the woman of extorting him.
Facebook’s standard procedure for handling the posting of “nonconsensual intimate imagery” is simple: Delete it. But Neymar was protected by XCheck.
For more than a day, the system blocked Facebook’s moderators from removing the video. An internal review of the incident found that 56 million Facebook and Instagram users saw what Facebook described in a separate document as “revenge porn,” exposing the woman to what an employee referred to in the review as abuse from other users.
“This included the video being reposted more than 6,000 times, bullying and harassment about her character,” the review found.
As good a story as this is, there’s a weird instance of both-sides-ism near the top. Horwitz writes: “Whitelisted accounts shared inflammatory claims that Facebook’s fact checkers deemed false, including that vaccines are deadly, that Hillary Clinton had covered up ‘pedophile rings,’ and that then-President Donald Trump had called all refugees seeking asylum ‘animals,’ according to the documents.”
The pedophile claim, of course, is better known as Pizzagate, the ur-conspiracy theory promulgated by QAnon, which led to an infamous shooting incident at the Comet Ping Pong pizza restaurant in Washington in 2016. Trump, on the other hand, had this to say in 2018, according to USA Today: “We have people coming into the country or trying to come in, we’re stopping a lot of them, but we’re taking people out of the country. You wouldn’t believe how bad these people are. These aren’t people. These are animals.”
Apparently the claim about Trump was rated as false because he appeared to be referring specifically to gang members, not to “all” refugees. But that “all” is doing a lot of work.
The Journal series continues today with a look at how Instagram is having a damaging effect on the self-esteem of teenage girls — and that Facebook, which owns the service, knows about it and isn’t doing anything.
A black-tailed jackrabbit. Photo (cc) 2006 by Jim Harper.
Now this is how you sell newspapers. I just finished reading Bill Hosokawa’s 1976 book “Thunder in the Rockies: The Incredible Denver Post.” Much of it focuses on the early days under the ownership of Harry Tammen and Frederick Bonfils, who bought the struggling daily in 1895 and ran it for its first several decades. This anecdote, though undated, would appear to be from the 1920s or earlier:
While every newspaper has its promotions, many of The Post’s were unique. Periodically jackrabbits would proliferate alarmingly on Colorado’s eastern plains, decimating what crops could survive drought and hail and threatening the livelihood of the farmers. With The Post’s encouragement these farmers would round up the rabbits in wintertime drives covering many square miles, clubbing them to death by the thousands. But the meat wasn’t wasted. The carcasses, quickly frozen by the cold, would be sent to Denver in donated railroad cars, trucked to The Post, and distributed free to queued-up lines of the poor. To stimulate the goodwill of ranchers, The Post also offered a bounty on mountain lions which preyed on sheep and cattle. Many a mountain man, smelling pungently of a hunting camp, would make his way to The Post with a dead lion in the back of his truck, there to be photographed claiming his bounty.
Given the proliferation of rabbits in Greater Boston, would some enterprising media entrepreneur here try a similar promotion?
This is an important story — not just because some crucial 9/11 coverage has been lost or even because the demise of Adobe Flash means that parts of the internet are now broken. Rather, it illustrates that the internet is, in many ways, an ephemeral medium, meaning that we simply can’t preserve and archive our history the way we could during the print era.
Clare Duffy and Kerry Flynn report for CNN.com that The Washington Post, ABC News and CNN itself are among the news organizations whose interactive presentations in the aftermath of 9/11 no longer work properly.
As they recount, Flash was a real advance in the early days of the web, as it was an important step forward for video and interactive graphics. But the late Steve Jobs, criticizing Flash’s security flaws, decreed that Apple’s iPhone and iPad would not run Flash. At that point the platform began to crumble, and Adobe pulled support for it at the end of 2020.
Duffy and Flynn write that some efforts are under way to use Flash emulators in order to bring some old content back to life. Adobe, which is worth $314 billion, ought to spend a few nickels to help with that effort.
More broadly, though, the problem with Flash illustrates how the internet decays over time. Link rot is an ongoing frustration — you link to something, go back a year or five later, and find that the content has moved or been taken down. Publications go out of business, taking their websites with them. Or they change content-management systems, resulting in new URLs for everything.
We’re all grateful for the work that the Internet Archive does in preserving as much as it can. Here, for instance, is the home page of The New York Times on the evening of Sept. 11, 2001.
But what’s available online isn’t nearly as complete as what’s in print. For the moment, at least, we can still go to the library and look at microfilm of print editions for publications that pay little attention to preserving their digital past. It won’t be too many years, though, before digital is all we’ve got.
Ethan Strauss has written a really fine piece on the old and new Gawker. Never mind Hulk Hogan and Peter Thiel. What they did to that female college student caught having drunken sex in a bathroom stall should shock anyone with a conscience. I particularly like this except:
Gawker’s bills were paid by its commodification of humiliation. Sure, it helped the brand that they occasionally posted lucid essays and broke meaningful stories. It helped in the way that the highbrow articles at Playboy allowed men of a different era to buy magazines, guilt free. But at bottom, prurient privacy invasion was the core of the business.
Yes, the manner in which Theil’s secret money was used to put Gawker out of business remains troublesome, as I wrote for GBH News in 2016. But let’s not pretend that the world was a lesser place when the site went under, or is a better place now that it’s back.
