What would Mister Rogers have said about the Trump-inspired hatemongers of the right?

Previously published at WGBHNews.org.

It was an irresistible hook at a moment of horror: Squirrel Hill, the heavily Jewish neighborhood in Pittsburgh where a hate-mongering gunman killed 11 people at the Tree of Life Synagogue on Saturday, was the home of the late Fred Rogers, the otherworldly host of “Mister Rogers’ Neighborhood.”

“It doesn’t just feel like a ‘Mr. Rogers kind of neighborhood’ — it was Mr. Rogers’ neighborhood,” wrote my friend and former Northeastern colleague Dina Kraft in the Israeli newspaper Haaretz. New York Times columnist Bari Weiss, whose bat mitvah was held at Tree of Life after her family’s regular synagogue burned down, recalled Jews and gentiles working together to put out the fire:

As Beth Shalom’s executive director told a reporter at the time: “I didn’t have to look — everyone came to me.” The line put me in mind of my favorite of Fred Rogers’ sayings. “When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.'”

Last summer we saw the Fred Rogers documentary “Won’t You Be My Neighbor?” Rogers was not a major part of my life. I was too old for his original television show, and by the time we had kids the program was fading away. But I’ve thought about Rogers quite a lot since seeing the film and have wondered what this profoundly unhateful, uncynical children’s advocate would say about what is happening to us.

How might things be different if the Pittsburgh shooter had been exposed at the right time in his life to someone as devoted to the emotional development of children as Rogers? Or the conspiracy-minded Florida man who was arrested last week and charged with sending pipe bombs to high-profile liberal and media targets such as the Clintons, U.S. Rep. Maxine Waters, and CNN? Or the racist white Kentucky man who authorities say walked into a supermarket last week and murdered two elderly African-Americans — but only after he tried and failed to enter a black church?

Or — it has to be said — what if someone like Fred Rogers had been able to reach President Trump at a young age?

I find myself feeling more sad than angry. That sadness stems not just from the terrible events that have taken place during the past week but from the certainty that our president has helped stoke the right-wing lunacy that has been unleashed upon us. Trump does not care about the consequences of his words as long as he believes they will advance his own selfish interests.

There has been much speculation in recent days — renewed speculation, that is — as to whether Trump is an anti-Semite, notwithstanding the fact that some members of his own family are Jews. I think that’s the wrong question. So what if, in his heart, he does not harbor anti-Semitic views? What matters is that he is willing to use anti-Semitism when it suits him, just as he is willing to use racism, homophobia, transphobia, Islamophobia, and misogyny. Meanwhile, anti-Semitism is on the rise, according to the Anti-Defamation League.

Rich Lowry, a callow opportunist who passes for a responsible conservative by the low standards of our times, had the temerity to sneeringly ask on Twitter: “What’s even the theory supposed to be that Trump is an anti-Semite?” That brought about a devastating retort from the journalist Mehdi Hasan, who pointed out that Trump has engaged in such dubious behavior as consorting with white nationalists and attacking “globalists,” a euphemism for educated Jews.

Much of the Trump-inspired hysteria of the past few weeks can be tied to the president’s exploitation of the so-called caravan of Honduran immigrants who have left their country to escape violence. Never mind that they are in southern Mexico and that few of them have much chance of entering the United States. Trump and his sycophants on Fox News and elsewhere have conflated this into some sort of George Soros-financed (that is to say, Jewish) plot to flood the country with illegal aliens — I am using their term, not mine — so that they can vote for Democrats on Nov. 6. The alleged Pittsburgh shooter specifically cited this bizarre theory in a post on Gab, which has been described as a social platform for anti-Semites. Adam Serwer of The Atlantic explains:

The apparent spark for the worst anti-Semitic massacre in American history was a racist hoax inflamed by a U.S. president seeking to help his party win a midterm election. There is no political gesture, no public statement, and no alteration in rhetoric or behavior that will change this fact. The shooter might have found a different reason to act on a different day. But he chose to act on Saturday, and he apparently chose to act in response to a political fiction that the president himself chose to spread and that his followers chose to amplify.

Trump himself has doubled down on his rhetoric, tweeting that “Gang Members and some very bad people” are part of the caravan and repeating his dangerous assertion that the media (oops, sorry, just the “fake news” media) are “the Enemy of the People.”

No doubt Trump is scared. If the Republicans lose one branch of Congress in November, he will finally face the prospect of a serious investigation on Capitol Hill — an investigation that is almost certain to document all manner of wrongdoing. He is willing to say anything to prevent that from happening. As ugly as his rhetoric has been, it is likely to get worse — and damn the consequences. Josh Marshall, for instance, wrote the other day about a new Trump ad that reeks of anti-Semitism.

We have come a long way from Mr. Rogers’ neighborhood. And we are all the worse for it.

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Local newspapers are dying. And hedge funds are making it worse.

Previously published at WGBHNews.org.

The state of local journalism is grim — and the hedge funds that have scooped up hundreds of newspapers over the past decade have made things even worse than they otherwise might be.

That’s the conclusion of a new report from the University of North Carolina. Titled “The Expanding News Desert,” the study finds that corporate chains controlled by private equity and hedge funds cut more deeply, shut down more papers, and demonstrate less regard for journalism’s civic mission than was the case with “the historic practices of traditional print newspaper companies.” Here’s how the report’s author, Penelope Muse Abernathy, the Knight Chair in Journalism and Digital Media Economics at UNC, describes the strategies pursued by what she calls these “new media barons”:

The standard operating formula often included aggressive cost-cutting, the adoption of advertiser-friendly policies, the sale or shuttering of under-performing newspapers, and financial restructuring, including bankruptcy. At the most extreme, their strategies have led to the closure of hundreds of local papers and diminished the important civic role of newspapers in providing reliable news and information that helps residents of a community make important decisions about governance and quality of life issues.

This has enormous implications for Greater Boston, where two leading hedge-fund-owned chains, GateHouse Media and Digital First Media, already control most of the local papers, and where a third, CNHI, has put its four dailies in the Merrimack Valley and on the North Shore up for sale. Those papers — The Eagle-Tribune of North Andover, The Daily News of Newburyport, The Salem News, and the Gloucester Daily Times — are at risk of falling into the hands of either GateHouse or Digital First, which are likely to double down on the deep cuts that have already been made.

Digital First, controlled by Alden Global Capital, currently owns three papers in Massachusetts — the Sentinel & Enterprise of Fitchburg, The Sun of Lowell, and its most recent acquisition, the Boston Herald. Although I’ve written about Digital First on several occasions previously (for instance, see this), I was struck in reading the UNC report by just how bad things are.

Digital First’s profit margin in 2017 was 17 percent, far higher than that of other newspaper companies, including GateHouse. And it achieved that margin by destroying newsrooms — in some cases literally. The newsroom at the Fitchburg paper was shut down last year, with the paper’s journalists being told to work out of their homes. In the suburbs of Philadelphia, reporters at two Digital First papers “must work remotely,” Abernathy writes, “because the Pottstown Mercury’s mold-infested newspaper building has been condemned.”

The top-line numbers at Digital First are breathtaking. Between 2012 and ’17, employment at 12 Digital First papers decreased by 52 percent, from 1,766 to 849, according to a survey conducted by the NewsGuild. Yet as bad as that period was for the newspaper business as a whole, the Bureau of Labor Statistics found that total newspaper employment dropped by about one-fourth from 2012 to 2016 — only about half the rate of journalistic job destruction at Digital First.

GateHouse, meanwhile, has expanded massively in recent years — from 379 newspapers with a total circulation of 3.1 million in 2014 to 451 papers and 4.3 million in circulation today. The company controls well over 100 community weeklies in Greater Boston and environs as well as dailies such as the Providence Journal, the Telegram & Gazette of Worcester, The MetroWest Daily News of Framingham, and The Patriot Ledger of Quincy. According to the UNC findings, GateHouse’s decimation of the ProJo, which it purchased in 2014, has been especially brutal:

By July 2018, newsroom employment had been cut by 75 percent, bringing the staffing levels below 100. According to the NewsGuild-CWA, there were fewer than 20 reporters and columnists responsible for covering both state and city government.

GateHouse has also embarked on a strategy of selling business and marketing services to advertisers through subsidiaries of its hedge-fund owner, Fortress Investment Group — “raising questions,” as the report puts it, “about the role of a local newspaper’s sales department in supporting local businesses.” Readers are fleeing GateHouse’s shriveled papers. Revenues, profits, and share prices are all down. All of that calls into question, Abernathy writes, whether GateHouse’s aggressive acquisition strategy is sustainable.

The depredations of Digital First and GateHouse are taking place amid the cratering of local journalism nationwide. Among the UNC report’s findings:

  • About 60 daily newspapers and 1,700 weeklies have closed since 2004, an overall decline of about 25 percent.
  • Nearly 200 of the 3,143 counties in the United States no longer have a newspaper. More than 2,000 counties have no daily paper.
  • Residents in these “news deserts” — that is, areas without newspapers — “are generally poorer, older and less educated than the average American.”

What can be done about the decline of local journalism and the rise of predatory hedge-fund newspaper chains? There is no one answer. The report notes that LION Publishers (Local Independent Online News) counts about 525 local digital news operations, both for-profit and nonprofit. Some, such as the New Haven Independent, The Batavian of Batavia, New York, and VT Digger, a statewide project based in Montpelier, Vermont, do an outstanding job of covering local and regional news. Yet many such operations are tiny and, as the report notes, a 2015 survey found that one in four failed. Although you could argue that three in four surviving is actually a pretty good track record, that’s not nearly enough to water the news deserts that are spreading across the countryside.

“There is a compelling need,” Abernathy writes, “for philanthropic foundations, community activists, local government, concerned citizens and potential founders of nonprofit news organizations to work together from the beginning to identify communities most lacking coverage and the funding needed to sustain a start-up news organization in those communities.”

That would be a good start, as would programs to boost civic and media literacy, another recommendation of the report. Without quality local news, it’s hard for people to participate in their communities in a meaningful way — or even to understand why they should. Corruption runs amok. Apathy reigns. And the underpinnings of democracy rot away.

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Tom Friedman, MBS and a McKinsey metaphor gone horribly wrong

New York Times columnist Thomas Friedman enthusing over Prince Mohammed bin Salman of Saudi Arabia, Nov. 7, 2017:

He is much more McKinsey than Wahhabi — much more a numbers cruncher than a Quran thumper.

The New York Times reporting on Saudi Arabia’s brutal crackdown on dissidents under Salman, Oct. 20, 2018:

After the country [Saudi Arabia] announced economic austerity measures in 2015 to offset low oil prices and control a widening budget gap, McKinsey & Company, the consulting firm, measured the public reception of those policies.

In a nine-page report, a copy of which was obtained by The Times, McKinsey found that the measures received twice as much coverage on Twitter than in the country’s traditional news media or blogs, and that negative sentiment far outweighed positive reactions on social media.

Three people were driving the conversation on Twitter, the firm found: the writer Khalid al-Alkami; Mr. Abdulaziz, the young dissident living in Canada; and an anonymous user who went by Ahmad.

After the report was issued, Mr. Alkami was arrested, the human rights group ALQST said. Mr. Abdulaziz said that Saudi government officials imprisoned two of his brothers and hacked his cellphone, an account supported by a researcher at Citizen Lab. Ahmad, the anonymous account, was shut down.

McKinsey said the austerity report was an internal document based on publicly available information and not prepared for any government entity.

“We are horrified by the possibility, however remote, that it could have been misused,” a McKinsey spokesman said in a statement. “We have seen no evidence to suggest that it was misused, but we are urgently investigating how and with whom the document was shared.”

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How Trump buries the truth beneath a blizzard of lies

Photo (cc) 2016 by Gage Skidmore.

Previously published at WGBH News.

Last week I was asked a provocative question. What prompted it was a panel discussion of The New York Times’ 14,000-word exposé of how President Trump built his fortune on the dual foundations of his father’s wealth and of legally dubious tax schemes. The story was such a sensation that the Times printed it twice — once on Oct. 3 and again the following Sunday. Yet it seems to have barely resonated beyond the Times’ core readership.

Why, the panelists were asked, should we care? Thanks to the Trump effect, paid subscriptions are up at mainstream newspapers like the Times and The Washington Post, listenership has grown at NPR, and donations to nonprofit news organizations like ProPublica have increased. Wasn’t that good enough?

I responded that journalists want to do more than reach an audience. They want to have impact. They want to see concrete evidence that great reporting has an effect. That doesn’t mean journalists — good ones, anyway — want to change the outcome of elections or substitute their own judgment for that of the public. But it does mean that when they do important work, they want it to resonate beyond those already inclined to believe them without having it immediately dismissed as #fakenews by those on the other side of the social and cultural divide. Unfortunately, that’s exactly what happens in our current hyperpolarized environment.

I’m not sure what can be done. But New York University journalism professor Jay Rosen, one of our most perceptive media observers, thinks he knows what’s behind much of it: a deliberate blizzard of lying by our president aimed at burying stories beneath an avalanche of falsehoods; a right-wing populist movement in the United States and Europe that dismisses anything coming out of the mainstream press as corrupt and elitist; and the decline of trust in the media, accompanied and exacerbated by the ongoing deterioration of journalism’s business model.

The heart of Rosen’s argument is contained within a recent post at his blog, PressThink:

In the United States the President is leading a hate movement against journalism, and with his core supporters it is succeeding. They reject the product on principle. Their leading source of information about Trump is Trump, which means an authoritarian news system is for them up and running. Before journalists log on in the morning, one third of their potential public is gone. No one knows what to do about it.

Of course, Trump wouldn’t be able to wield this kind of power over the truth if he didn’t have enablers in the media, principally Fox News. But here we are some three and half years since he rode down the escalator and into the center of our political life, and too many journalists still don’t know how to cover him. Not that there are any obvious solutions. But surely the editors at USA Today knew better than to publish his falsehood-filled op-ed piece last week. And mainstream outlets too often engage in coverage that normalizes this most abnormal of presidents.

A large part of what needs to happen, Rosen says, is to acknowledge precisely what Trump is doing. I’m enough of a traditionalist that I have been more comfortable with describing Trump’s “falsehoods” rather than “lies,” mainly because we have no way of crawling inside his head to determine whether he knows the difference. Far too often, though, Trump traffics in false information that has been thoroughly debunked so many times that he has to know better. Through mid-September, he had spoken falsely more than 5,000 times as president. It’s clear that many of those falsehoods are deliberate, and that he lies for a reason. Rosen, in a Twitter thread, explained what Trump is doing:

Flooding the system with too much news, much of it misleading or simply false, not only reduces the weight of any individual story; it has the further effect of keeping opponents in a pop-eyed state of outrage, which in turns shows supporters a hateful image of the other side.

And that is why journalists care not just about reaching their own pre-determined audience but in changing hearts and minds. In decades past, reporters made a difference in how we thought about civil rights, the Vietnam War, and Watergate. Now nothing seems to matter. The Times’ tax story, Rosen wrote in his Twitter thread, “is proving to be simultaneously devastating and harmless, a news condition previously unknown to presidents facing a check-on-power press.” Trump is a historically unpopular president, yet he continues to exert a mesmerizing hold on his base — a base that has proved impervious to facts.

The Times and the Post, in particular, are doing a magnificent job of telling the story of the Trump era. Those two papers have never been more important than they are today. Yet in a fundamental way they have ceased to matter. Democracy dies in darkness. But it might also die in the clear light of day if not enough people care — no matter how much our audience has grown or how many subscriptions we’ve sold.

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Minority rule: Why our undemocratic republic must give way to something else

The founders favored indirect democracy reflecting the will of the majority.

Previously published at WGBHNews.org.

If something can’t go on forever, then it won’t. And so it is with the current state of our democracy, which awards disproportionate power to an ever-shrinking slice of the electorate. Today the president, the Senate, and the Supreme Court reflect the will of a minority of voters. The majority is left out in the cold. At some point that has to change, even if it’s not at all clear how it’s going to happen.

Now, some of you are already sharpening your sticks and getting ready to poke holes in my argument. We’re not a democracy, you’ll say. We’re a constitutional republic. Well, you’re half-right. Living in a constitutional republic means that our democratic rights are sometimes exercised indirectly, and that there are certain protections that the majority may not take away from us. What it’s not supposed to mean is that some people’s votes counts more than others.

I’ll return to that argument later on. But first, as Kai Ryssdal says, let’s do the numbers.

The executive branch. After what happened in 2016, our undemocratic method of electing the president is well known, widely understood, and, at least among Democrats, widely reviled. The Electoral College is a vestige of the past and, as I’ve written before, an artifact of slavery: it gave slave states a louder voice in presidential elections by counting each slave as three-fifths of a person even though they had no right to vote.

That obscenity is long gone. But voters in small states still have more power than those in large ones. Why? In addition to casting an electoral vote for each House district, every state gets two bonus votes (reflecting its two senators) regardless of size. How unfair is that? In tiny Wyoming, each elector represents about 194,000 residents, whereas in giant California the number is 697,000. It is the equivalent of each Wyoming voter’s ballot being counted 3.6 times while those of California residents are counted only once.

Until George W. Bush won the presidency despite losing the popular vote in 2000, the idea that the winner of the popular vote could lose the presidency seemed like a 19th-century anachronism, conjuring up images of Rutherford B. Hayes, known to his contemporaries as “His Fraudulency.” Then came 2016, when Donald Trump won despite losing the popular vote to Hillary Clinton by the not-insubstantial margin of 2.8 million votes. With more and more Democrats and liberals moving to blue states, the gap may only get worse.

The legislative branch. The anti-democratic nature of Congress is most obvious in the Senate, which is marred by the same small-state bias as the Electoral College. Each state, as we know, elects two senators regardless of size. To use our previous example, California’s Democratic senators, Dianne Feinstein and Kamala Harris, represent more than 39 million people, whereas Wyoming’s two Republican senators, John Barrasso and Mike Enzi, represent just 580,000.

That is an absurd situation, far worse than what prevails in the Electoral College, which at least is partly based on population. One consequence of the large-state/small-state divide is that millions more Americans vote for Democratic Senate candidates than for Republicans. For instance, Dylan Matthews noted in Vox several years ago that the 46 Democratic senators who were seated in 2015 had received 20 million more votes than the 54 Republicans. (The Democratic total included two independents, Bernie Sanders of Vermont and Angus King of Maine, who caucus with the Democrats.)

As with the Electoral College, the two-senators-per-state arrangement was rooted in the need to grant greater power to the slave states in order to bring the union together. Today, given that most small states are Republican and most large states are Democratic, Republicans gain a huge advantage.

House districts, at least, are based on population. But gerrymandering by Republican-controlled governorships and legislatures has had its effect there as well. In 2016, for instance, Republicans won 241 of the 435 total House seats, beating the Democrats by 55.4 percent to 45.5 percent. Nationwide, voters favored Republican House candidates by the much slimmer margin of 49.1 percent to 48 percent. That raises the specter that, even if Democrats had received more votes, Republicans still would have won more House seats.

The judicial branch. With the confirmation of Brett Kavanaugh as the ninth justice, the Supreme Court now includes two members who were appointed by a president who lost the popular vote — that is, President Trump. (George W. Bush appointed Chief Justice John Roberts and Justice Sam Alito only after his 2004 re-election, in which he won both the popular and electoral votes.)

Moreover, both of Trump’s nominees were confirmed by senators who received far fewer votes than the senators who opposed them. Michael Tomasky recently observed in The New York Times that in the case of Trump’s first choice, Neil Gorsuch, the 54 senators who voted to confirm him received 54 million votes whereas the 45 senators who were opposed won more than 73 million. That’s a margin of 58 percent to 42 percent against confirmation. The Kavanaugh confirmation vote broke along similar lines. Indeed, Philip Bump of The Washington Post estimated that the senators who voted to confirm Kavanaugh represented just 44 percent of the population.

In other words, reproductive rights, same-sex marriage, and other liberties are now at risk because of two justices who were appointed by a president who lost the popular vote, and who were were confirmed by senators who received far fewer votes than those who were opposed. Is this any way to run a democracy in the 21st century?

And yes, let’s get back to that democracy-versus-republic argument. What does it mean to live in a constitutional republic rather than a democracy? It means that we don’t make laws directly — we let Congress do it. It means there are certain rights that even a majority can’t take away from us (except through a constitutional amendment), whether it be freedom of speech, the right to bear arms, or the right to a speedy and public trial by jury.

As Harvard Law School professor Lawrence Lessig wrote two years ago, the “we’re a republic” retort favored by defenders of the Electoral College is nonsense. The founders defined a “republic” as a representative democracy rather than a direct democracy, not as a non-democracy. James Madison, Lessig pointed out, said that “in a democracy, the people meet and exercise the government in person; in a republic, they assemble and administer it by their representatives and agents.” (Lessig, I should add, is the force behind an intriguing idea to reform the Electoral College.) That doesn’t mean the minority gets to rule while the majority gets to shut up. It means the majority exercises its will indirectly rather than directly.

Writing in Philly.com, columnist Will Bunch offers some useful ideas to reform our anti-majoritarian system, ranging from abolishing the Electoral College to ending the two-senators-per-state arrangement.

Bunch goes so far as to compare our current situation to the run-up to the Civil War. “Let’s once again radically fix the way America does its business — this time, before a civil war breaks out,” he writes. That strikes me as hyperbolic, but maybe he’s right. We are facing a crisis of legitimacy We do not have a government of the people or for the people when any — or, as is now the case, all — branches of government exercise power against the wishes of most Americans. Because the status quo can’t be maintained, it won’t be. The only question is how we’ll fix a system that is irredeemably broken.

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The Globe hits a digital benchmark — and finds a new art critic in Toronto

Murray Whyte (via LinkedIn)

A couple of good-news items from The Boston Globe.

First, the paper is reporting that it has passed the 100,000 level for digital-only subscriptions, a benchmark the paper’s executives had originally hoped to reach by the end of June. Don Seiffert of the Boston Business Journal has the details.

When I interviewed Globe editor Brian McGrory for “The Return of the Moguls” nearly two years ago, he said the paper would start to look like a sustainable business if it could hit 200,000. My mother always told me that the first 100,000 is the hardest. But the Globe’s digital presence is in the midst of getting an upgrade as it adopts The Washington Post’s Arc content-management system this fall. If the Arc transition goes smoothly, then perhaps another circulation boost will follow.

Second, the Globe is announcing today that it has finally replaced Pulitzer Prize-winning art critic Sebastian Smee, who left for the Post nearly a year ago. The Globe’s new critic is Murray Whyte, currently at The Star of Toronto, whose arrival in Boston, I’m told, was delayed because of immigration issues.

In an email to the Globe’s staff, deputy managing editor for arts and newsroom innovation Janice Page and arts editor Rebecca Ostriker call Whyte “a truly extraordinary writer” who “brings a unique combination of keen insight, wide-ranging expertise, superb judgment, and an ability to recognize and write about what really matters.” The full text of their message follows.

We are delighted to announce that Murray Whyte is joining the Globe as art critic, starting next month.

Murray was born in Winnipeg and grew up partly in Calgary, and he will completely understand if you have no idea where those places are (directly north — way north — of Minnesota and Montana, respectively). He’s spent the better part of two decades in Toronto, and the last 10 of those as the art critic at the Toronto Star, Canada’s largest daily newspaper, where he is a recent winner of Canada’s National Newspaper Award, the country’s highest journalistic honor.

As Globe readers will soon learn, Murray is a truly extraordinary writer. He brings a unique combination of keen insight, wide-ranging expertise, superb judgment, and an ability to recognize and write about what really matters. He does not focus on art for art’s sake, but rather connects art to what can make a difference to people living in the world — to society, to ideas, to our culture as a whole.

Murray’s eclectic background also extends beyond arts journalism, including a stint as a producer with the Canadian Broadcasting Corporation. In fact, he may be the only journalist in North America who has reported from the oil sands in northern Alberta and Uranium City in Saskatchewan as well as the Venice Biennale.

But the visual arts have always been in his bones. As a journalism graduate student at New York University, his refuge was the Museum of Modern Art, where he could exult in the stillness of Mark Rothko or the luminescence of Claude Monet. Art museums, he says, are his version of a walk in the woods — a rejuvenating, almost transcendent communion with the sublime.

He’s also a huge hockey fan — another kind of sublime — and would appreciate any spare tickets when the Calgary Flames come to town, because surely, he says, there can’t be anyone else here as interested in the progress of Dillon Dube on left wing this year. Can there?

Murray will be making his home in the Boston area with his wife, photographer Sian Richards, and their two children. He’ll arrive at the Globe in mid-November. Please join us in giving him a very warm welcome.

Janice and Rebecca

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Once again, Digital First swings the ax at the Boston Herald

Digital First Media’s latest round of cuts at the Boston Herald was the talk of local media Twitter on Thursday. The most shocking was that photographer Mark Garfinkel, perhaps the paper’s best journalist, was among those told that his services were no longer needed.

Disclosure: Mark is a friend who has spoken to my students on several occasions. He worked as a stringer at the former Beverly Times (long since merged with The Salem News) near the start of his career — and the photo editor at that time was none other than Mrs. Media Nation.

Both Jack Sullivan at CommonWealth Magazine and Jon Chesto of The Boston Globe have weighed in on the cuts. Sullivan puts the body count at about 20; Chesto says 14. Chesto also reports that the Herald now employs about a total of 100 people, less than half the 240 who worked there before former owner Pat Purcell declared bankruptcy.

Some of the cuts don’t necessarily diminish the Herald’s journalism. The copy editing jobs, for instance, are being outsourced to a Digital First facility in Denver. (Not that we should expect distant copy editors to do as good a job as local people who know the area.) Overall, though, this is terrible news. Garfinkel was one of two photographers let go on Thursday. How can you have a viable tabloid without great photography?

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The Supreme Court confirmation process is broken. Here’s how to fix it.

Robert Bork. 2005 photo via Wikimedia Commons.

Previously published at WGBH News.

Recently I proposed to fix our state elections by adopting ranked voter choice, moving the primaries to June, and making them nonpartisan. (You’re welcome.) Today I’m back with the exponentially more difficult task of repairing our broken Supreme Court confirmation process. My plan, I think, is simple and logical. But I’d be the first to concede that it has virtually no chance of happening.

Let’s begin with this: Judge Brett Kavanaugh will almost certainly be confirmed once the FBI has finished its quickie investigation. Senate Republicans have been pining for an ultraconservative like Kavanaugh for years, and they’re not going to let credible allegations of sexual assault, false testimony about his role in the George W. Bush administration’s torture policy, and a career spent immersed in the culture of misogyny to stand in the way.

What’s next? Democrats may take over the Senate in the November election, and they’ll be spoiling for a fight. It’s more than possible that they will reinvestigate Kavanaugh and maybe even impeach him. He has given them plenty of reasons to do so. But that’s the road to chaos, and it would lead to an endless cycle of retribution. That cycle has to be stopped, and on terms that recognize what a terrible choice Kavanaugh was while leaving both parties a chance to regain their dignity.

The way to do that is to let Kavanaugh take his seat on the court (assuming the FBI doesn’t find something new and explosive or at least two Republicans decide they can’t abide him) and then look to the future. I’d do this in three steps.

1. McConnell must apologize. The root of all this madness is Senate Republican leader Mitch McConnell’s refusal even to consider Judge Merrick Garland, President Obama’s nominee to replace the late Justice Antonin Scalia. McConnell’s alleged reason was that the next president should make that choice, even though Obama had nearly a year left in his term. It was an outrageous and shocking breach of protocol, and Democrats remain rightly incensed.

Republicans like to cite the Senate’s defeat of Robert Bork, chosen by President Reagan in 1987, as the original sin that led to today’s dysfunction. That’s ludicrous. Bork was granted a hearing and was rejected for what opponents considered his extreme views. Six Republicans were among those who voted no. That’s the way it’s supposed to work. Since that time, nearly every justice nominated by Republican and Democratic presidents alike has been approved by a wide bipartisan margin.

McConnell needs to acknowledge publicly the damage he did to the Senate and negotiate an agreement that neither party will try such a maneuver again. Leaders of both major parties should restore the 60-vote margin needed to avoid a filibuster, which would encourage presidents to choose consensus candidates for the court rather than extreme ideologues. In other words, they need to return to “regular order,” the breakdown of which the late senator John McCain cited when he voted against repealing the Affordable Care Act.

2. The court should be temporarily expanded. In writing about the lunacy that the Senate may fall into if the Democrats seek revenge for Garland, some have predicted that they may try to expand the size of the court in order to offset the conservative majority. As with the possible impeachment of Kavanaugh, that seems likely to set off an endless series of tit-for-tat actions.

But by temporarily expanding the court by one seat, from nine to 10, Congress could acknowledge the outrageousness of what happened to Garland and send a clear message that it won’t happen again. Appoint a 10th justice now, and the next time a justice leaves the court, let it shrink back to nine.

3. Trump should nominate Garland. Temporarily expanding the court from nine to 10 justices accomplishes nothing if President Trump simply chooses another candidate from the list that the Federalist Society has provided him. Trump should be part of the negotiations over how to fix the process. And he, McConnell, and Senate Democratic leader Chuck Schumer should all agree that the 10th justice will be none other than Judge Garland. Garland, a moderate, would be an ideal consensus choice; before McConnell nixed him, some Republican senators had said he was someone they could support.

Trump, needless to say, would have to demonstrate that he is capable of acting for the good of the country rather than simply indulging his animal instincts. It’s not likely. Then again, nothing I am suggesting here is likely.

The tragedy is that extreme polarization and partisan warfare are tearing down every institution of government, including the Supreme Court. I think the record is clear that Republicans are to blame far more than the Democrats. But they both need to be part of the solution — if there is to be any solution.

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Alex Jones and the privatization of free speech

Alex Jones with fans. Photo (cc) 2006 by Nick Mollberg.

Previously published at WGBHNews.org.

Alex Jones is the sort of dangerous crank that freedom of speech was designed to protect. When the late Anthony Lewis wrote his “biography” of the First Amendment, he titled it “Freedom for the Thought That We Hate.” We don’t need constitutional protections to report on the church picnic. We need them to make sure that the most loathsome among us are allowed to spread conspiracy theories, spout vile insults, and stage outrageous demonstrations of hatred and prejudice.

And no, Jones is not in danger of losing his First Amendment rights. The government has not attempted to silence him. His website, InfoWars, continues to be a popular stop for those on the extreme right. He is facing a lawsuit from several of the Sandy Hook families, whom he had cruelly accused of staging an elaborate hoax. But that, too, is part of the First Amendment.

The problem is that Jones illustrates perfectly a dilemma that some of us have been warning about for years: the privatization of free speech. As you may know, Jones in recent months has been banned from Facebook, Twitter, and other platforms. Last Friday he was cut off by PayPal as well. He’s going to need to find another way for his customers to pay him for those InfoWars Life Super Male Vitality supplements.

No one seriously questions the right of the tech platforms to banish Jones to the far corners of the internet. These services are owned by giant corporations that became fabulously wealthy (Facebook) or at least marginally profitable (Twitter) by offering their customers a controlled experience. Algorithms determine what you are most likely to see, especially on Facebook. Their policies prohibit nudity (usually), profanity (sometimes), copyright violations, and — especially as the manipulation of the 2016 election becomes clear — fake news aimed at swaying public opinion.

This would all be fine except that the platforms — and Facebook in particular — have become our new civic commons. As Josh Marshall, the founder and editor of the liberal website Talking Points Memo wrote recently, “To a real extent, the places you can exercise your speech these days are on YouTube, Facebook, Twitter and other platforms. That is really the heart of the problem. A big part of the public square has been gobbled up by closed systems: Facebook especially, but also Google’s YouTube, Twitter, et al.”

Now, as I said, no one is threatening Jones’ ability to reach millions of people through his website, although the weight of his legal problems might put him out of business. (Which would be fine with me.) If need be, he could host his site in another country, or from a server in his basement. But, these days, the platforms are how we extend our reach beyond the relatively small number of people who make the effort to seek us out. Early indications are that traffic to InfoWars dropped by half following Jones’ disappearance from Facebook. Again, that’s fine; Facebook, far from doing anything wrong, is acting responsibly. But with some 2.2 billion active monthly users, Facebook simply has too much power and influence to be trusted as a conservator of the First Amendment.

As Micah Sifry, who writes about the intersection of technology and civic life, put it in The New Republic, Facebook has usurped our initial hopes that the internet would spark a “civic renaissance” by democratizing information and giving everyone a voice:

With 68 percent of Americans currently using Facebook, it has become the nation’s de facto digital public square, at least in part because the country’s political leaders lacked the civic imagination to insist on a public alternative. With their tacit approval, Facebook built a giant garden for its users, walled off from the open internet. And then, taking advantage of its popularity, Facebook started copying and replacing older public forms of civic engagement with new ones that only live inside its platform.

There is nothing new about this, and in some respects it predates technology. In 2003 I bestowed a New England Muzzle Award (then hosted by The Boston Phoenix, now by WGBH News) upon a mall in the almost-New England suburbs of Albany, New York, for calling police and having a man arrested because he was wearing an antiwar T-shirt. Shopping centers have essentially become the new village square, except that they’re geared toward commerce rather than civic life. In 2017, I awarded Muzzles to YouTube (owned by Google) for suppressing a pro-Israel video by Harvard Law School professor Alan Dershowitz and to Instagram (owned by Facebook) for deleting a photo of a nude painting posted by the Museum of Fine Arts. Technology companies have become so powerful that they need to take their First Amendment responsibilities seriously.

But the platforms are not common carriers like telephone companies, which are obligated to carry any calls and data that come their way. Nor are they the internet itself, although there’s plenty of reason to be concerned about the possibility of censorship now that President Trump’s FCC has done away with net neutrality. The solution, if there is one, is to draw people away from Facebook and toward an idea animated by something other than the profit motive. “If Americans truly want a digital public forum centered on the needs of the citizenry,” writes Sifry, “it has to be built and maintained the same way they’ve built and maintained America’s national parks — as public goods open to all.

Which brings me back to Alex Jones. In theory, his freedom to speak and to publish are intact. In reality, he can’t gain access to the platforms he needs to get his message out. Jones, of course, must be held accountable for the Sandy Hook families who’ve had to go into hiding because of his vicious lies, and for promoting crazy conspiracy theories like the Pizzagate child-sex ring tied to Hillary Clinton, which prompted a deranged individual to show up and start shooting.

The semi-censorship to which Jones has been subjected — quieted, but not silenced — may seem like a small price to pay in order to stop him from harassing innocent people and putting their lives in danger. Given the media environment as it currently exists, the platforms did the right thing by taking away his megaphone. But their actions only underscore what we have lost by granting custody of our free-speech rights to private entities beyond our control. Next time it might be someone who’s far less malevolent than Jones.

We really need to ask ourselves whether we want that accountability to come in the form of giant corporations silencing him simply because it’s good for business. I would not tell Mark Zuckerberg how to run his company, although even he has suggested that he would not be averse to some common-sense regulations. Like Sifry, though, I believe the time has come to try to revive the idea of the internet as a truly public space rather than the private playground of tech billionaires.

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