I want to express a contrarian view regarding Jim Acosta’s departure from CNN. As you may know, Costa announced this morning that he’s leaving after CEO Mark Thompson told him he was being moved off his 10 a.m. program, which draws good ratings. Costa decided to leave after rejecting Thompson’s offer to be moved from midnight to 2 a.m.
This is widely being portrayed as another example of a media outlet doing Donald Trump’s bidding. Costa is not one of Trump’s favorites, to put it mildly; his White House press credentials were briefly revoked following a confrontation between him and Trump in 2018, and he has used his morning show to speak truth to power. That’s something we need more of.
Acosta’s admirers have been erupting in outrage on social media. Political commentator Chris Cillizza did not offer a benign interpretation, writing, “Acosta’s removal … is rightly understood as a piece of a broader movement of the legacy media to accommodate Trump — or at least take a far-less adversarial tack in covering his second term.”
Media writer Oliver Darcy, who first broke the news that Acosta might be leaving, wrote that the “move … conspicuously coincided with Donald Trump’s return to power.”
“Just Jack,” who has nearly 435,000 followers on Bluesky, added, “Jim Acosta is leaving CNN. He will not capitulate to his oligarch bosses. He will not kiss the Trump ring.”
Now, I don’t have any insight into what went on behind the scenes at CNN, but I don’t think this is as bad as it sounds. As Darcy observes, Acosta’s midnight special would have run in prime time, from 9 to 11 p.m., on the West Coast, which is traditionally underserved by network television.
About 50 million Americans live in that time zone, which includes major cities like Los Angeles, San Francisco, San Diego, Portland and Seattle. Moreover, CNN was reportedly willing to pay for Acosta to move to Los Angeles.
I can also understand why Thompson might want to move away from an opinionated show in the morning and replace it with straight news. The 10 a.m.-to-noon slot will now be anchored by Wolf Blitzer and Pamela Brown.
Could this be an example of CNN caving in to Trump? Yes, it could. As I said, I have no insight into what’s going on behind the scenes. But more news and less opinion in the morning coupled with a capable host like Acosta anchoring during prime time on the West Coast does not strike me as unreasonable. In fact, it seems like it could have been a pretty smart move.
But Acosta said no, leave us to wonder what’s next. In his sign-off, he said he’ll be announcing something soon. MSNBC is a possibility, although its lineup seems to be getting pretty crowded. Maybe he’ll do something completely unexpected.
The Massachusetts Statehouse. Photo (cc) 2024 by Dan Kennedy.
One of the first media pieces I wrote for The Boston Phoenix was about the declining number of reporters who were covering state government in Massachusetts. I spent some time in the press gallery at the Statehouse interviewing members of the shrinking press corps, including Carolyn Ryan, then with The Patriot Ledger of Quincy, now managing editor of The New York Times.
Although I can’t find the story online, I know this was in 1995 or thereabouts. The situation has not improved over the past 30 years.
Last week Gintautas Dumcius of CommonWealth Beacon, who definitely knows his way around the Statehouse, reported that The Associated Press’ Steve LeBlanc is leaving Beacon Hill after taking a buyout and is unlikely to be replaced. Although an AP spokesman said the wire service will continue to cover the Legislature, Glen Johnson, who’s a former AP Statehouse bureau chief, told Dumcius that it won’t be the same without someone in the building:
There’s no substitute for being physically present where news happens and in a statehouse, there’s few things more powerful than being able to confront a newsmaker in person and at times other than official events. That only comes from proximity to power….
Some of the biggest stories I got as a statehouse reporter came because I bumped into somebody unexpectedly or saw something that I otherwise wouldn’t have seen.
As Dumcius points out, the move comes at a time when two newspaper chains owned by hedge funds, Gannett and McClatchy, have dropped the AP as a cost-cutting move. It’s a vicious circle. An AP subscription is expensive. News organizations walk away. The AP is left with fewer clients and thus has to increase its prices even more or cut back on coverage. Or both.
Jerry Berger, a former Statehouse bureau chief for United Press International who’s now a journalism professor at Boston University, recalls a time when the AP and UPI competed fiercely for news about state government. In his newsletter, “In Other Words…,” Berger says:
The Massachusetts Statehouse Press Gallery used to be a rowdy and raucous place, where reporters for two wire services and outlets from around the state worked side-by-side, in fierce competition, to document the daily workings of Massachusetts government.
Today, you can hear a pin drop — and the echoes just got a bit louder with word the Associated Press no longer has someone stationed in Room 456.
While I continue on my trip down memory lane, I’ll observe here that The Daily Times Chronicle of Woburn, where I worked in the 1980s, got its Statehouse news from UPI. I used to do a bit of stringing for the agency, and I think I’m the only freelancer who ever wrote for UPI and got all the money that was due him. Today, as Berger notes, UPI is owned by a company affiliated with the Unification Church, once headed by the late Rev. Sun Myung Moon.
Fortunately, there are still multiple news outlets covering state government in Massachusetts, including The Boston Globe, State House News Service, CommonWealth Beacon, Politico, WBUR, GBH News and local television newscasts. Just last week on our podcast, “What Works: The Future of Local News,” Ellen Clegg and I interviewed Alison Bethel, the chief content officer and editor-in-chief of State Affairs, yet another statehouse-focused news organization that is rolling out a Massachusetts edition in partnership with State House News.
Still, it’s a far cry from when the Statehouse press gallery was full of reporters hanging on every word from governors, legislative leaders and reform-minded rebels — that last category something that has virtually disappeared. Maybe if there were a few more reporters at the Statehouse keeping tabs on what’s going on, there would be a few more rebels as well.
More on the AP
The Associated Press is in the news for two other reasons today.
First, editors of the influential AP Stylebook have announced that they’re sticking with the Gulf of Mexico, despite President Trump’s insistence that it be called the Gulf of America, but that they’re following Trump’s lead in referring to Alaska’s Denali mountain as Mount McKinley, as it had been known previously.
The reason, the AP explains, is that the Gulf of Mexico name goes back 400 years and that the body of water is international. Denali, by contrast, is entirely within U.S. borders, and the president has the right to change its name by executive order, as President Barack Obama did in 2015.
Second, a new documentary film claims that AP photographer Nick Ut did not take an iconic, Pulitzer Prize-winning picture of a Vietnamese girl running naked from an American napalm attack, an image that may have hastened the end of the Vietnam War. The AP vociferously disagrees, saying that its own investigation shows Ut was indeed the photographer. Poynter media columnist Tom Jones has the details (fourth item).
On the new “What Works” podcast, Ellen Clegg and I talk with Alison Bethel, chief content officer and editor-in-chief for State Affairs. The project is a digital-first media company that is focused on covering state governments throughout the country. The target audience comprises political and policy professionals who need to have a deep understanding of the inner workings of government.
Alison was vice president of corps excellence at Report for America. She was also executive director of the Society of Professional Journalists, where she was only the second woman and the first person of color to serve in that capacity in 110 years.
I’ve got a Quick Take on a harrowing situation in Grand Junction, Colorado. A young Colorado television reporter was reportedly chased by a taxi driver who then attempted to choke him. The driver also allegedly yelled “This is Trump’s America now!”
Ellen has a Quick Take on an app called WatchDuty, which is providing lifesaving information to people in Los Angeles who are threatened by wildfires.
I find my Northeastern journalism ethics students’ analyses of the news fascinating and insightful, so I want to share with you their latest. I asked them to find a piece of journalism related to the inauguration — straight news, opinion, whatever — and share it along with some commentary of their own. They came up with a great mix of mainstream and alternative sources, and all of the pieces are worthwhile. It’s a small class, so I’m going to present the eight that I received plus one I thought was worth adding to the mix.
On day one, Trump pits his administration against transgender people, by Orion Rummler and Kate Sosin, The 19th. Student comment: “I think a lot of journalists and platforms will have to test the limits of our good friend neutral objectivity over the next four years, especially when it comes to reporting on the trans community. With trans rights being a popular and divisive issue right now, a lot of questions about objectivity come to mind…. If news organizations continue to give a lot of space to this ‘debate’ on trans rights (although trans people represent less than 2% of the US population), it almost validates the idea that there is a debate to be had on whether or not trans people deserve to exist.”
Three ways Democrats are breaking with tradition before inauguration,by James FitzGerald, BBC News. Student comment: “Democrats have emphasized the importance of peaceful transfers of power but are seemingly following in Trump’s footsteps by abandoning the traditions in place…. Democrats following Republicans’ lead in breaking with tradition could further destabilize democracy and the public’s trust in institutions.”
Pomp, Policy, and Pardons, by Jon Allsop, Columbia Journalism Review. Student comment: “I’m still burnt out from the first four years of Trump, to be honest, so I appreciate round-ups like this CJR one.”
Bishop Asks Trump to “Have Mercy” on Immigrants and Gay Children,by Zolan Kanno-Youngs, Tim Balk and Erica L. Green, New York Times. Student comment: “As member of LGBTIAQ+ community, hearing President Trump talk about taking away millions of people’s right, including my own, was dehumanizing…. It was courageous of the Bishop to speak out in that particular enviroment — most of the people invited might have been too afraid to do so — therefore I applaud her for that.”
Welcome Home, by Tom Scocca, Defector. Student comment: “What I enjoyed most from this article was its forthrightness. Scocca understands that getting to a point like this means that almost everyone, whether consciously or not, has played a part. To elide that while laying out ethical issues as they currently stand is itself unethical.”
6 takeaways from Trump’s inaugural address, by Aaron Blake, Washington Post. Student comment: “From the journalist’s perspective, I think fact-checking is a fundamental part of journalism, but it became even more critical under the Trump administration. Given his frequent use of misleading statements and false claims, journalists had a greater responsibility to verify information and contextualize his rhetoric.”
Trump’s Inauguration Speech Threatened New Depths of State Cruelty,by David Renton, Truthout. Student comment: “While I, personally, may not need a terrible amount of convincing to believe Trump’s intentions are cruel, I think this simple and concise piece would do a fine job of leading anyone to understand this underlying connection. That being said, most ardent supporters would likely entirely dismiss every claim. So maybe Renton is preaching to the choir.”
4 takeaways from Trump’s second inaugural address,by Domenico Montanaro, NPR. Student comment: “What caught my eye in the article is that Trump spoke of very specific plans for the next four years during his official address to the country. However, this was all on a script he read off a teleprompter. Later on, he gave a non-scripted speech to supporters to purposely reveal more plans. The questions I, as a journalist have, start with, if journalists have to be transparent with the public, why does the president not have to? Should a president not be held to a higher standard when dealing with the public? Why is Trump not being criticized more for this?”
And, finally, my own find:
The Invasion of the Body Snatchers, by Oliver Darcy, Status. My comment: “Darcy documents all the national media figures who’ve been highly critical of Donald Trump in the past but who rolled over for him on Monday…. I thought Darcy did a great job of combining reporting, opinion and attitude. By focusing on how the media covered the inauguration rather than the inauguration itself, he provided valuable insights into an aspect of the day that wasn’t center stage.”
Media notes
• Too much Trump? Joshua Benton, writing at Nieman Lab, introduces a daily newsletter from Vox that catches you up on the major Trump news of the day without wallowing in it. The Logoff, produced by a top Vox editor, Patrick Reiss, comprises one short item and then hands you off to something more uplifting at the close. I’ve signed up, and I think it will definitely be useful for some people, though it’s probably not enough for someone who needs to be immersed in the news — like Reiss, for instance. Or me.
• This was CNN. Mark Thompson, the news network’s chief executive, explains his plans to implement cuts on the broadcast side, beef up digital and stave of the apocalypse as the audience for linear TV continues to shrink and age. Thompson may have saved The New York Times in his last job. But based on what he says in his interview with the Times’ Benjamin Mullin (gift link), I’d say his mission to save CNN sounds infinitely more complex, and perhaps undoable.
• The end of social media. It is surely worth noting that all of our major social media platforms are now in thrall to Trump — Twitter/X, TikTok and Meta’s various services, which include Facebook, Instagram and Threads. Bluesky (where I’m most active these days) and Mastodon are barely a blip. Writing at 404 Media, Jason Koebler argues that what we need are decentralization combined with interoperability. It’s a great idea — and firmly rooted in a democratic vision for media that has been receding almost from the moment that the internet evolved into a mass medium.
Boston Globe Media is acquiring Boston magazine, thus consummating a deal whose existence I revealed on Dec. 6. The glossy monthly, which combines lifestyle features with some serious investigative reporting, will continue with its current staff, as Globe media reporter Aidan Ryan writes that no one will lose their jobs in the transaction. Globe Media CEO Linda Henry is quoted as saying:
As so many other iconic publications that once shaped our city have faded away, we feel an immense responsibility to honor and preserve Boston magazine’s legacy. This is not just about sustaining a magazine — it’s about strengthening a cornerstone of Boston’s identity and ensuring its stories continue to inspire, connect, and resonate with our community for generations to come.
It will be interesting to see how the Globe integrates BoMag with its existing Sunday magazine given that the two publications overlap to some extent.
Boston magazine was purchased in 1970 by the late D. Herbert Lipson from the city’s chamber of commerce. Lipson, who was based in Philadelphia, was also the owner of Philadelphia magazine and was involved in several other publishing ventures over the years as well. The company he created, Metrocorp, is still family-owned, with his son David H. Lipson Jr. serving as chairman and CEO.
BoMag’s circulation is around 55,000, down from 75,000 in 2018, according to Ryan’s story.
Back when I was working for The Boston Phoenix, we considered Boston magazine to be one of our principal rivals given that its mix of long-form reporting, arts and culture was in our wheelhouse as well. The Phoenix closed in 2013, and BoMag has carried on in an increasingly difficult media environment.
The Globe, meanwhile, is profitable and growing, although it’s been making some cuts recently. Among other things, the paper has ended my former Phoenix colleague Nina MacLaughlin‘s excellent Sunday column as it dials back its coverage of books. Boston is a literary hub, and I hope the editors will reverse that ill-considered decision.
In addition to Boston magazine and the Globe itself, Globe Media publishes a free website, Boston.com, and Stat News, which covers health and medicine.
Update: A couple of sources just forwarded to me Linda Henry’s email to the staff. Here it is:
Dear Boston Globe Media Team —
We are thrilled to formally welcome Boston Magazine into the Boston Globe Media fold today as we work to connect our award-winning journalism to more audiences.
While many regional magazines in our area have faded away over the years, Boston Magazine has been an important chronicler of the people and culture of Boston for over six decades. For so many families in our community, The Boston Globe is on their kitchen table each day and BostonMagazine is on their coffee table each month, two publications serving the same region in different ways.
A bit of background: The Lipson family, owners of Philadelphia magazine, acquired Boston Magazine from the Boston Chamber of Commerce in 1970. The two publications operated under Metro Corp, based in Philadelphia. Following the passing of founder Herb Lipson in 2017, the company came under the leadership of his three children, with his son David taking the helm. The family made the decision to sell the whole company, leading to a long and complex process. We are delighted to announce that Boston Globe Media has acquired just Boston Magazine from Metro Corp, bringing this enduring publication under local stewardship.
I’m pleased to share that the entire Boston Magazine team has been given offers to retain their current positions, and we’ve been working diligently to ensure a seamless transition of operations. In the coming months and in our next Town Hall meeting on Monday, February 10, we will share more on our strategy and plans.
A heartfelt thank you to the fantastic Globe team who worked tirelessly to make this happen. To our new colleagues, welcome! We look forward to collaborating and continuing to find ways to better serve our community.
Washington Post publisher Will Lewis. 2019 public domain photo by the U.S. Department of Agriculture.
The ongoing implosion of The Washington Post is unfolding at a moment when we’ve never been more in need of tough, independent journalism. The latest, as Sara Fischer reports for Axios, is that Phil Rucker is leaving as the Post’s national editor in order to become senior vice president of editorial strategy and news at CNN.
It seems that anyone who can leave the Post is doing so now that billionaire owner Jeff Bezos has thrown in with Donald Trump. I don’t blame people for staying; after all, jobs in journalism are hard to come by, and there’s still reason to hope the paper’s news reporters will be allowed to do good work. Still, Bezos has done incalculable harm over the past year following a decade of model ownership; I wrote about the first years of his reign in my 2018 book, “The Return of The Moguls.” What’s happening now is depressing.
Before I get back to the Post, a word about CNN, about which there is reason to worry and reason to be hopeful. On the one hand, you have to be concerned about independent media reporter Oliver Darcy’s story Tuesday evening that chief executive Mark Thompson had told his staff before the inauguration that he wanted them not to dwell on the past. Darcy writes:
The next day, the network executed as directed…. CNN’s journalists entirely avoided pointing out during special inauguration coverage various inconvenient truths, such as the fact Trump is the first convicted felon to take office or that he was impeached for his role in inciting an insurrection on the very place he took his second oath. It was a glaring omission, but not one by accident.
On the other hand, Thompson is the guy who, in his previous job, revived The New York Times’ fortunes, transforming the newspaper into a growing, profitable digital powerhouse not just on the strength of its journalism but through ancillary products such as games, consumer advice and food. And he somehow convinced an outstanding news leader like Rucker that CNN is a better place to be right now than The Washington Post.
About which: As I was getting ready to write this item, the Post’s Karla Adam reported (gift link) that Rupert Murdoch’s British publishing empire had settled an invasion-of-privacy suit brought by Prince Harry for more than $10 million and an apology. Adam writes:
As part of the deal, Murdoch’s News Group Newspapers (NGN) issued a formal apology, which was read out in court by Harry’s lawyer David Sherborne, conceding “unlawful activities” carried out by private investigators working for Murdoch’s newspapers, including “phone hacking, surveillance and misuse of private information.”
Scan down further into the story and you’ll come across this:
An executive summary of the claimants’ arguments, shared with The Washington Post before the settlement, indicated that Harry and [Labour Party politician Tom] Watson’s legal teams planned to allege that “over 30 million emails were deliberately destroyed” as part of a scheme to keep evidence from police investigators. The document asserted that “a pivotal role” in directing the email deletions had been played by former Sun editor Rebekah Brooks, still a senior executive for Murdoch, and former NGN general manager William Lewis, now publisher and CEO of The Washington Post.
Both Brooks and Lewis have denied allegations of wrongdoing. NGN has acknowledged that emails were removed, but said that was part of a planned system migration and a new data retention policy, and that additional instructions were given to preserve emails potentially relevant to a police investigation.
The problems at the Post may have come to public attention starting with Bezos’ stunning decision last fall to kill an endorsement of Kamala Harris with just days to go before the election. But the downward spiral really began with the appointment of Lewis to replace outgoing publisher Fred Ryan, and with Bezos’ stubborn insistence on sticking with Lewis despite embarrassing revelations about his involvement in the Murdoch phone-hacking scandal.
NPR media reporter David Folkenflik, who broke the news about Lewis’ involvement earlier this year, revisited that issue on Tuesday after reports of a settlement were circulating but before it was consummated. Though Folkenflik was careful to note that Lewis was “not a defendant in the case, and has denied all wrongdoing,” he added:
The plaintiffs allege that Lewis and the other executives orchestrated the deletion of millions of emails and withheld other material from police. According to police notes presented in court filings, Lewis told a police investigation they had to delete the emails to head off a scheme by Watson and former Prime Minister Gordon Brown to get materials surreptitiously from Brooks’ computer.
Brown and Watson have denied any such plot; News UK has not to date produced any evidence publicly to support its existence. Brown has demanded a criminal investigation from Scotland Yard, which opened a preliminary review to determine whether a full investigation is warranted.
Former Washington Post media columnist Margaret Sullivan, now a contributor to The Guardian, wrote last Friday that Bezos needs to act quickly in order to save the Post. Her recommendations: hold an on-the-record meeting with the staff; make it clear that “he understands the importance of editorial freedom and pledge not to interfere with it”; and fire Lewis.
I wonder if it might be too late, though Sullivan’s advice would at least represent a dramatic break with the way Bezos has run the Post over the past year. My preference, given his unimaginable wealth, is that donate the Post to a nonprofit foundation and endow it, as the late Gerry Lenfest did with The Philadelphia Inquirer did in 2016.
Clearly, though, Bezos has to do something. Actually, let me revise that: He doesn’t have to do a damn thing. But I’m ever hopeful that he will.
If you live in Medford, Massachusetts, as I do, I have some incredibly exciting news. A for-profit digital-only news organization is about to debut nearly three years after the Gannett newspaper chain all but abandoned the city. Gotta Know Medford is expected to launch with a website and a newsletter by the end of this month.
“We want to hold people accountable and make sure people are informed before they make decisions,” says co-founder Nell Escobar Coakley, who will be the site’s managing editor. She’ll be joined by two other co-founders, Wendall Waters and Chris Stevens. All three are veteran journalists who spent part of their careers working at Gannett and its predecessor chains. “We know what we’re doing,” Coakley says.
Gotta Know Medford will be free and advertiser-supported.
Coakley, in fact, is a former editor of the Medford Transcript, which ceased to exist in the spring of 2022, when Gannett merged it with the Somerville Journal. The merged paper, the Transcript & Journal, consists almost entirely of non-local news from across the chain.
Coakley, Stevens and Waters have been working to start a Medford news project for many months; Coakley says that Gotta Know Medford began coming together this past fall. That’s when the three of them connected with the Medford Chamber of Commerce, which in turn introduced them to Medford-based web developer Amanda Stone.
“We just saw the preview of our site, and we’ve just sent all of the revisions back to Amanda,” Coakley says, adding she’s thrilled with the design that Stone has come up with.
At least at first, Gotta Know Medford will be a part-time endeavor for Coakley, Stevens and Waters. Coakley is the part-time editor of Winchester News, a digital nonprofit, and she plans to continue with that for the time being. Stevens has been reporting for Winchester News as well.
“Those Winchester folks were really inspirational,” Coakley says. “They’ve been very helpful too in giving us advice and some ideas.” She also credited people involved in Greater Boston hyperlocal news, saying, “I find that people running these smaller news outlets, it’s a real community.”
Gotta Know Medford, Coakley says, will be a typical local news project, covering municipal government, development issues, arts and entertainment, and the like. School sports will be added somewhere down the line. There’s certainly plenty to cover, with issues such as a possible revision of the city charter and rezoning along Salem Street top of mind for many of us who live here.
Medford is not entirely uncovered. We have a Patch, which occasionally publishes an interesting story about the city, and students at The Tufts Daily do an excellent job of covering some Medford news. There is no substitute, though, for a locally owned, independent news outlet.
Now, a disclosure: I’ve been involved in trying to bring local news back to Medford since 2020. At that time the Transcript did not have a full-time reporter, a situation that dragged on for about a year. That was finally rectified, and I put my efforts on hold.
Then, in March 2022, the Transcript ceased publication. I gathered a group of local residents to see if we could organize a nonprofit outlet similar to Winchester News, YourArlington or Brookline.News, co-founded by my research partner, Ellen Clegg. Unfortunately, none of us were able to put in the time needed to start fundraising and begin the work of assembling an organization.
Next I approached a for-profit out-of-state chain that had a decent track record in moving to places vacated by Gannett and publishing good-quality newspapers. That effort appeared promising; at one point, the CEO even came to Medford for a tour, and the local group I’ve already mentioned took him and one of his fellow executives to lunch. Unfortunately, that company ultimately decided against moving ahead.
Nell and I have been in touch for at least a year, bouncing ideas back and forth as she considered whether to go for-profit or nonprofit and offer a print edition (she says it’s something she still might do at some point in the future) or publish online only. So, needless to say, I’m thrilled that she and her partners — a women-owned company, she points out — are finally about to restore local news to our city.
Martin Luther King Jr. Memorial in Washington, D.C. Public domain photo by the National Park Service.
On this Martin Luther King Jr. Day (I hear something else is going on today, too), it’s worth remembering that strong libel protections the press are grounded in the Civil Rights Movement and, specifically, in Dr. King’s activism in the South.
It began with a full-page ad taken out in The New York Times in 1960 titled “Heed Their Rising Voices.” Sponsored by supporters of Dr. King, the ad was aimed at calling attention to King’s campaign and raising support. It also contained a few inconsequential errors: it claimed that King had been arrested seven times on bogus charges (it was actually four), and it stated that Black student protesters at Alabama State College in Montgomery had been padlocked inside their dining hall “in an attempt to starve them into submission” (not literally true).
The city’s public safety commissioner, L.B. Sullivan, who was not even named in the ad, sued the Times for libel and won a $500,000 judgment in Alabama’s deeply racist court system. Other Southern officials were also suing the Times and other news outlets, which raised fears that the white power structure’s brutal crackdown on the Civil Rights Movement would go uncovered by the Northern press. As Samantha Barbas writes in her 2023 book “Actual Malice: Civil Rights and Freedom of the Press in New York Times v. Sullivan”:
[L]ibel suits brought by segregationist officials against Northern news media were emerging as a potent weapon. They were so worrisome that they prompted a lawyer writing in one of journalism’s revered trade publications to comment that such lawsuits were giving the South an opportunity “to reverse the verdict at Appomattox.”
Libel law had always been considered a matter for the states, with no obvious way for the federal courts to intervene. Nevertheless, the Supreme Court of that era decided that it had to get involved. And in the landmark 1964 Times v. Sullivan decision, the court ruled that the First Amendment prohibited public officials from winning a libel case unless they could prove that defamatory falsehoods published about them were deliberate, or close to it. As Justice William Brennan explained in his unanimous decision:
[W]e consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.
Brennan wrote that the standard public officials would have to prove was “actual malice,” defining that as “knowledge that it was false or with reckless disregard of whether it was false or not.” Later decisions extended the actual malice standard to public figures; defined “reckless disregard” as harboring serious doubts about the truth of what was being published; and ruling that even private figures would at least have to prove negligence.
The Times v. Sullivan decision was crucial to the rise of modern investigative reporting. As Anthony Lewis wrote in his 1991 book about the decision, “Make No Law: The Sullivan Case and the First Amendment,” “The allowance of room for honest mistakes of fact encouraged the press, in particular, to challenge official truth on two subjects so hidden by government secrecy, Vietnam and Watergate, that no unauthorized story could ever have been ‘absolutely confirmable.’”
With the dawn of the second Trump era, though, there are doubts as to whether Times v. Sullivan will survive. Several years ago, Justices Clarence Thomas and Neil Gorsuch suggested that the case ought to be revisited. More recently, ABC News’ parent company, Disney, settled what should have been a winnable libel suit brought by Donald Trump for $16 million. And last week, CNN settled a libel suit with a Navy veteran who had set up an operation to evacuate people from Afghanistan after a jury found against the network and awarded $5 million. (As I wrote Jan. 9, there appeared to be some serious problems with CNN’s story, so the decision to settle seems wise.)
In a few hours, we will mark the re-inauguration of Trump, who threatened years ago to “open up libel laws” and make it easier for plaintiffs to win lawsuits against the media. An empowered press that can hold the powerful to account was a vital part of Dr. King’s legacy. It would be sad if we begin rolling back that freedom on a day when we celebrate his life and achievements.
Newsday account of Murdoch becoming a U.S. citizen, Sept. 5, 1985
We shouldn’t have been especially surprised that the Supreme Court voted unanimously to uphold the TikTok ban. After all, we have a long legal tradition when it comes to banning the foreign ownership of media companies.
Lest we forget, Rupert Murdoch was able to take his first steps in launching the Fox News Channel only by becoming an American citizen. The Australian media mogul took the oath in 1985 so he could purchase seven local television stations owned by Metromedia. FCC rules barred non-citizens from owning more than 20% of a U.S. broadcast entity.
Murdoch’s acquisition of Metromedia meant that he briefly owned WCVB-TV (Channel 5). Since Murdoch also owned the Boston Herald and the FCC forbade cross-ownership of a TV station and newspaper in the same market, Murdoch flipped WCVB to Hearst, which has owned it ever since. (This is unrelated to Murdoch’s failed attempt a few years later to hold on to Boston’s WFXT-Channel 25 while keeping the Herald. In that case, he ended up selling Channel 25 and retaining the Herald, though he later sold that, too.)
FCC jurisdiction applies almost exclusively to the dying universe of broadcast television and radio. The TikTok ban was approved by an act of Congress, passed by overwhelming bipartisan majorities and signed into law by President Biden. Donald Trump has indicated that he wants to work out a deal so TikTok can remain up and running in the U.S., and perhaps he will. So this entire episode may turn out to be a footnote.
What’s notable about the Supreme Court decision is that the justices were not impressed with the government’s contention that TikTok could be used to distributed propaganda at the behest of the Chinese government. That’s as it should be. According to Amy Howe’s account of the decision, republished by SCOTUSblog, Justice Neil Gorsuch’s concurrence underscored that the issue was foreign ownership, not free speech.
Gorsuch, Howe notes, “emphasized that the court was correct in not ‘endorsing the government’s asserted interest in preventing “the covert manipulation of content”’ to justify the TikTok ban. ‘One man’s “covert content manipulation,”’ he observed, ‘is another’s “editorial discretion.”’”
The real problem with foreign ownership is that the Chinese government could demand that TikTok (I’m not going to get into the complex arrangement between TikTok and its parent company, ByteDance) turn over the massive amounts of user data that it hoovers up in order to fine-tune its algorithm and to sell you stuff. Of course, American-owned platforms do the same thing, and you might think there’s not a great deal of moral difference between Xi Jinping or Mark Zuckerberg (or Co-President-Elect Elon Musk) having access to your data. And you might even be right. But the legal distinction strikes me as fairly obvious.
Is there hypocrisy at work here? You bet, because the U.S. government has long claimed the right to access user data from American-based platforms in the name of national security. As Andrew K. Woods writes for Lawfare:
The Court noted: “TikTok Ltd. is subject to Chinese laws that require it to ‘assist or cooperate’ with the Chinese Government’s ‘intelligence work’ and to ensure that the Chinese Government has ‘the power to access and control private data’ the company holds.”
The Court could have written a nearly identical sentence about Meta or Google, vis-à-vis American law, like this: “Meta is subject to American law that requires it to assist or cooperate with the American government’s intelligence work and to ensure that the American government has the power to access and control private data the company holds.”
American firms are subject to American laws — like the Stored Communications Act, especially as modified by the CLOUD Act, and intelligence laws like the Foreign Intelligence Surveillance Act — that give the U.S. government legal means to access customer data, especially foreign customer data, for national security and intelligence purposes.
The ban takes effect Sunday, and the Biden White House has said it’s not going to make any efforts to enforce it with Trump taking office the next day. Trump was originally all in favor of the ban; then one of his billionaire donors urged him to change his mind. It didn’t hurt that Trump’s TikTok account turned out to be popular with his supporters.
So it seems like the most likely outcome is that Trump announces an extension while trying to work out some sort of settlement.