New York Times media columnist Ben Smith has a fun piece today on two retired Boston Globe stalwarts, Tom Palmer and Alan Berger.
In 1979, when Berger was writing media criticism for The Real Paper (a competitor to The Boston Phoenix), he called out Palmer for what he regarded as overweening objectivity following a dangerous accident at the Three Mile Island nuclear power plant. Berger called Palmer “thoughtful, honest, and entirely conventional” for failing to emphasize the dangers of nuclear power.
Palmer told Smith: “Journalists are simply not smart enough and educated enough to change the world. They should damn well just inform the public to the best of their abilities and let the public decide.”
I know Berger only by reputation, but I’ve known Palmer for years. He spoke to my graduate ethics class in February 2020 about his critique of liberal media bias, and he may have been my last in-person guest speaker before the pandemic.
Facebook whistleblower Frances Haugen testifies on Capitol Hill Tuesday.
Facebook in the midst of what we can only hope will prove to be an existential crisis. So I was struck this morning when Boston Globe technology columnist Hiawatha Bray suggested a step that I proposed more than a year ago — eliminating Section 230 protections from social media platforms that use algorithms. Bray writes:
Maybe we should eliminate Section 230 protections for algorithmically powered social networks. For Internet sites that let readers find their own way around, the law would remain the same. But a Facebook or Twitter or YouTube or TikTok could be sued by private citizens — not the government — for postings that defame somebody or which threaten violence.
One possible approach might be to remove Section 230 protections from any online publisher that uses algorithms in order to drive up engagement. When 230 was enacted, third-party content flowed chronologically. By removing protections from algorithmic content, the law would recognize that digital media have fundamentally changed.
If Jack Dorsey of Twitter and Mark Zuckerberg of Facebook want to continue profiting from the divisiveness they’ve helped foster, then maybe they should have to pay for it by assuming the same legal liability for third-party content as print publishers.
Could this be the beginning of the end for Facebook?
Even the Cambridge Analytica scandal didn’t bring the sort of white-hot scrutiny the social media giant has been subjected to over the past few weeks — starting with The Wall Street Journal’s “Facebook Files” series, which proved that company officials were well aware their product had gone septic, and culminating in Sunday’s “60 Minutes” interview with the Journal’s source, Frances Haugen.
As we’ve seen over and over, though, these crises have a tendency to blow over. You could say that “this time it feels different,” but I’m not sure it does. Mark Zuckerberg and company have shown an amazing ability to pick themselves up and keep going, mainly because their 2.8 billion engaged monthly users show an amazing ability not to care.
On Monday, New York Times technology columnist Kevin Roose wondered whether the game really is up and argued that Facebook is now on the decline. He wrote:
What I’m talking about is a kind of slow, steady decline that anyone who has ever seen a dying company up close can recognize. It’s a cloud of existential dread that hangs over an organization whose best days are behind it, influencing every managerial priority and product decision and leading to increasingly desperate attempts to find a way out. This kind of decline is not necessarily visible from the outside, but insiders see a hundred small, disquieting signs of it every day — user-hostile growth hacks, frenetic pivots, executive paranoia, the gradual attrition of talented colleagues.
The trouble is, as Roose concedes, it could take Facebook an awfully long time to die, and it may prove to be even more of a threat to our culture during its waning years than it was on the way up.
I suspect what keeps Facebook from imploding is that, for most people, it works as intended. Very few of us are spurning vaccines or killing innocent people in Myanmar because of what we’ve seen on Facebook. Instead, we’re sharing personal updates, family photos and, yes, some news stories we’ve run across. For the most part, I like Facebook, even as I recognize what a toxic effect it’s having.
The very real damage that Facebook is doing seems far removed from the experience most of its customers have. And that is what’s going to make it incredibly difficult to do anything about it.
All of a sudden, our crisis of democracy has moved to center stage. Building since 2016, when Donald Trump refused to say whether he’d accept the results of the election if he lost, and boiling since the Jan. 6 insurrection, the rising specter of authoritarian rule is now a lead story in much of our media.
From The Washington Post to Politico, from The Philadelphia Inquirer to The Boston Globe, from CNN to public radio’s “On the Media,” the conversation for the past week has revolved around the likelihood that Trump will run for president in 2024 — and the very real possibility that Republican functionaries at the state level and in Congress will reinstall him in the White House regardless of how the election actually turns out.
Perhaps the most chilling assessment was offered in the Post by Robert Kagan, a “Never Trump” conservative who began his must-read 5,800-word essay like this: “The United States is heading into its greatest political and constitutional crisis since the Civil War, with a reasonable chance over the next three to four years of incidents of mass violence, a breakdown of federal authority, and the division of the country into warring red and blue enclaves.”
Appearing on CNN’s “Reliable Sources,” Yale historian Timothy Snyder, the author of the 2017 book “On Tyranny,” said it was long past time for the press to cover Trump and Trumpism as an existential threat to democracy.
“If we’re not prepared for the attempt for people to take power undemocratically in 2024, then we’re just at this point pathetically naive,” he said. “Preparing for that and getting the facts out so that people can prepare for that and prevent it is what … journalism should be doing.”
Kagan, Snyder and others are right to be alarmed. But what accounts for this moment of media synchronicity? Why have they suddenly gone DEFCON 1 after months and years of covering the Trump movement all too often as a bunch of economically anxious white men in Ohio diners? I think there are three precipitating factors.
• First, Bob Woodward and Robert Costa’s new book, “Peril,” makes it clear that Trump was actively involved in trying to overturn the election in ways that we didn’t quite understand previously. Perhaps the most bizarre and disturbing of their findings is that a discredited lawyer, John Eastman, concocted a scheme for Vice President Mike Pence to overturn the results of the election. If Pence had wavered, who knows what might have happened?
• Second, the results of the fraudulent Arizona “audit” actually gave President Joe Biden a bigger lead over Trump than he had previously — and it didn’t make a bit of difference. As Will Bunch of The Philadelphia Inquirer observed, copycat attempts are now under way in Texas and Pennsylvania. It’s now obvious, if it wasn’t before (actually, it was), that the purpose of these ridiculous exercises is not to prove that Trump won but to keep his supporters stirred up and angry.
• Third, University of California Irvine law professor Rick Hasen, who’s been ringing the democracy alarm for years, recently published a paper and helped run a conference that generated widespread attention. That, in turn, led to an interview with Hasen by Politico Magazine and an appearance on “On the Media.”
Hasen bluntly described the threat in his interview with Politico, saying that the widespread, false belief among Republicans that the 2020 election was stolen could lead them to steal the 2024 election.
“The rhetoric is so overheated that I think it provides the basis for millions of people to accept an actual stolen election as payback for the falsely claimed earlier ‘stolen’ election,” Hasen said. “People are going to be more willing to cheat if they think they’ve been cheated out of their just desserts. And if [you believe] Trump really won, then you might take whatever steps are necessary to assure that he is not cheated the next time — even if that means cheating yourself. That’s really the new danger that this wave of voter fraud claims presents.”
Politico media critic Jack Shafer, trying to be his usual contrarian self, argued that Trump’s increasingly unhinged behavior and Republican attempts to rig the 2024 election through voter suppression and outright theft by state legislatures they control is actually a sign of weakness, not of strength.
“By signaling an attempt to regain power by any means necessary,” Shafer wrote, “Trump essentially confesses that Trumpism is not and is not likely to become a majoritarian movement.” He added that a fraudulent Trump victory would essentially amount to a coup, which “would only inspire a counter-coup by the majority, and maybe a counter-counter coup, and a counter-counter-counter coup. Trump is crazy enough to invite this fight, and narcissistic enough not to care what it does to the country. But is he shrewd enough to win it?”
Shafer is right that a Trump coup would lead to outrage on the part of the majority. But what would that look like? It could get incredibly ugly, as Kagan warned. The best way to deal with the Republicans’ assault on democracy is to make sure it fails. Sadly, the Democrat-controlled Congress can’t do much about it unless they abolish the filibuster, regardless of how Harvard Law School professor Laurence Tribe and his colleagues, writing in The Boston Globe, might wish otherwise. And Sens. Joe Manchin and Kyrsten Sinema show no signs of yielding.
So what can and should the media do? Their current focus on the overriding crisis of our time is welcome and long overdue. From the false balance of focusing on lesser stories like Democratic bickering over the infrastructure bills to the situation at the border, the media have demonstrated a maddening impulse to return to business as usual following the chaos of the Trump years.
At the same time, though, the press’ influence is limited. Roughly speaking, 60% of the country is appalled by Trump and 40% is in thrall to him. But thanks to inequities in the Electoral College and the Senate, gerrymandering in the House and increasingly aggressive attempts to disenfranchise Democratic-leaning voters, the 40% may well succeed in shoving aside the 60%.
The press needs to tell that story, fearlessly and fairly. But let’s not kid ourselves. It’s not going to penetrate Fox News, Breitbart or Facebook. In the end, there may be little that journalism can do to stop our slide into autocracy.
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.
