Why we should be concerned about a judge’s decision to censor Mary Trump’s book

Now that a temporary restraining order stopping President Donald Trump’s niece from publishing her tell-all book has been overturned, I want to briefly touch on why we all ought to be worried that the order was issued in the first place.

According to The Daily Beast, Hal Greenwald, a New York State judge, “ordered Mary Trump and Simon & Schuster to appear before him on July 10 — and barred them from disseminating her book,” titled “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man.”

But under longstanding precedent first set forth in the Supreme Court case of Near v. Minnesota (1931), prior restraint can be invoked only if publication would result in a serious breach of national security (a hurdle the government was not able to meet even in the Pentagon Papers case), or if the material in question meets the legal definition of obscenity or would incite violence.

This is not to say that the First Amendment offers Mary Trump blanket protection. It’s very possible that she could be found to have violated a binding non-disclosure agreement, as the president argues. But in order not to run afoul of the First Amendment, legal remedies would have to come after publication.

By acting as he did, Judge Greenwald elevated a family dispute to the level of revealing the movement of troops during wartime (one of the scenarios envisioned in the Near decision) or publishing instructions on how to build a nuclear bomb (the subject of another famous court battle over prior restraint).

It seems to me that a reprimand is in order.

Talk about this post on Facebook.

Trump was losing bigly even before COVID, economic collapse and BLM protests

Trump’s FiveThirtyEight approval/disapproval ratings.

According to a number of recent national polls, Joe Biden has moved out to a sizable lead over President Trump — so sizable that, if the election were held now, Biden would probably win the presidency by a substantial margin, since his lead is large enough to overcome Trump’s structural advantage in the Electoral College.

What I want to address here is the assumption some observers are making that Biden wouldn’t be ahead by nearly as much (or even at all) if it weren’t for COVID-19, the resultant economic catastrophe and the Black Lives Matter protests.

Yes, those would be huge challenges for any president. But with COVID, in particular, a compassionate, reasonably competent response wouldn’t have necessarily hurt Trump and might have even helped him. Look at Massachusetts Gov. Charlie Baker, who continues to receive high marks for his response to the pandemic, according to a new Suffolk University poll.

Likewise, the reason that the Black Lives Matter protests represent such an existential threat to Trump is that he’s a stone-cold racist who’s responded by advocating violence and embracing Confederate symbols — and no one outside his base wants to hear that anymore.

The reality is that any president’s re-election campaign is a referendum on the incumbent. And Trump has been historically unpopular from his first days in office. Biden’s lead merely tracks Trump’s approval/disapproval rating. It’s currently at 41% approve/55% disapprove, according to the FiveThirtyEight averages, and that’s right in line with most of his presidency.

Biden may be uninspiring to many, but he’s a consensus figure who’s bound to attract nearly all of the voters who disapprove of Trump. It’s not like anyone is going to hold their nose and vote for Trump because Biden scares them. If you look at the FiveThirtyEight graph, you’ll see that Biden would have been far ahead of Trump at almost any point in the past three and a half years.

The triple threat of COVID, the economy and protests against racism have made Trump’s re-election that much harder. But the dynamic is the same as it ever was.

Talk about this post on Facebook.

Pandemics and White House demagogues: How Wilson and Trump made everything worse

Woodrow Wilson in 1914. Photo via the Library of Congress.

The pandemic was spread not just by germs but by politics. The virus would have killed many Americans in any case. But a demagogue occupied the White House, and measures that could have reduced the number of victims — a ban on large gatherings, for instance, as well as an honest reckoning with the public — were discouraged at the highest levels. In the end, a tragedy that was the result of natural forces was made immeasurably worse by human failure.

You may think I’m describing President Donald Trump’s response to COVID-19. In fact, I’m referring to Woodrow Wilson and the influenza pandemic of 1918.

Read the rest at WGBHNews.org. And talk about this post on Facebook.

We shouldn’t let Trump’s Twitter tantrum stop us from taking a new look at online speech protections

Photo (cc) 2019 by Trending Topics 2019

It’s probably not a good idea for us to talk about messing around with free speech on the internet at a moment when the reckless authoritarian in the White House is threatening to dismantle safeguards that have been in place for nearly a quarter of a century.

On the other hand, maybe there’s no time like right now.

Read the rest at WGBHNews.org. And talk about this post on Facebook.

COVID Diary #7: Our worst week as a nation since 9/11 and 1968

We’re living through a historic moment. Following the lead of many others, I’ve decided to start keeping a COVID-19 diary. Don’t expect anything startling — just a few observations from someone stuck at home, lucky to be working and healthy.

This was the week that everything seemed to come apart. The death toll from COVID-19 passed 100,000. And yet, briefly, that terrible milestone has been overshadowed by the latest in a long series of reckonings over what it means to be Black in America.

The day began with Omar Jimenez, a Black Latino journalist for CNN, being arrested by white police officers in Minneapolis even as a white CNN reporter stood not far away, unmolested by cops. The journalists were there to cover the protests that have broken out over the killing of an African American man, George Floyd, at the hands of a white officer. That officer, Derek Chauvin, has been arrested and charged with third-degree murder and manslaughter. No word yet on the fate of the three officers who stood by and let it happen.

The day ended with televised images across the country, from Minneapolis to Atlanta, from New York to California, as thousands of people protested against racist violence against African Americans. Sadly, some of those protests turned violent. But as Martin Luther King Jr. said, “A riot is the language of the unheard.” This week the unheard were intent on being heard — not just on behalf of Floyd, but also many others, including Breonna Taylor, Ahmaud Arbery and, yes, even Christian Cooper, who was not physically injured but who was humiliated by a privileged white woman when he asked her to leash her dog.

And let’s not forget for a moment that President Trump is pouring gasoline on the fire by tweeting out such incendiary calls to violence that Twitter finally had to crack down on him, sparking a confrontation over the First Amendment.

I was struck last night by David Brooks’ demeanor on the PBS NewsHour. I’d never seen him as agitated and upset. I thought he might start crying — and who could blame him? And I was moved deeply by the African American scholar Eddie Glaude Jr. of Princeton University, who was interviewed earlier in the NewsHour by Amna Nawaz. I’ve embedded it above, and you should watch it all. Speaking of Floyd’s killing, Glaude closes with this:

He cried out for his mother. She’s been dead for two years. She’s been dead. He basically told someone to tell my kids that I love them, because I’m going to die. And that man, that moral monster kept his knee on his neck. I didn’t — I couldn’t process it. It broke me.

I’m currently reading John M. Barry’s “The Great Influenza,” his 2004 book about the deadly flu pandemic of 1918. You might think that wouldn’t be the most relaxing thing to curl up with in the midst of the current pandemic. But the 1918 flu eventually ended, which is a good reminder amid what seems like an endless tragedy.

Last week was the worst in our country’s history since 9/11. Before that, you’d have to go back to the war, assassinations and riots of 1968. Back then, our political leadership was not up to the task. Today, the president and his fellow Republicans are actively making things worse.

We have to hope that there will be better days ahead — and, to the extent that we can, work to make those better days happen.

Talk about this post on Facebook.

Does Twitter need Trump? Not as much as you might think.

Statistic: Number of monthly active Twitter users worldwide from 1st quarter 2010 to 1st quarter 2019 (in millions) | Statista
Find more statistics at Statista.

You might think that Twitter would have a financial incentive to cave in to President Trump’s incoherent, unconstitutional threats over the platform’s decision to label some of his false tweets as, you know, false. In fact, Trump’s presence on Twitter is not as big a deal to the company as you might think.

First, we often hear that Trump has 80 million followers. But is that really the case? According to analytics from the Fake Followers Audit, 70.2% of his followers are fake, which is defined as “accounts that are unreachable and will not see the account’s tweets (either because they’re spam, bots, propaganda, etc. or because they’re no longer active on Twitter).”

That’s not especially unusual among high-profile tweeters. For instance, 43% of former President Barack Obama‘s 118 million followers are fake. But it’s important to understand that Trump has about 24 million followers, not 80 million. That’s a big difference.

Even more important, Trump’s presence on Twitter has not had a huge effect on its total audience. According to Statista, the number of worldwide active monthly users hovered between a low of 302 million and a high of 336 million between the first quarter of 2015 and the first quarter of 2019. (Zephoria reports that Twitter hasn’t released similar numbers since then.)

The bottom line is that Twitter chief executive Jack Dorsey could probably afford to throw Trump off the platform for repeatedly violating its terms of service. Still, he probably wouldn’t want to risk the outrage that would ensue from MAGA Country if Trump lost his favorite outlet for smearing the memory of a dead woman with his horrendous lies about MSNBC host Joe Scarborough.

Talk about this post on Facebook.

With Biden pulling ahead, the media must avoid the poll-driven mistakes of 2016

Jill and Joe Biden in Des Moines last Fourth of July. Photo (cc) 2019 by Gage Skidmore.

Previously published at WGBHNews.org.

From the moment that former Vice President Joe Biden emerged as the presumptive Democratic nominee, political observers have been proceeding on the assumption that this year’s presidential election will be close.

But what if the dynamics are changing? What if President Donald Trump — behind in the polls even before the COVID-19 pandemic and falling further behind now — is written off as a political goner? Can the media handle it? Or will we see a repeat of 2016, when Hillary Clinton was subjected to a disproportionate amount of negative scrutiny on the grounds that Trump, as we all thought we knew, had no chance of winning?

First, let me lay out the evidence that Trump is starting to look unelectable — keeping in mind, of course, that he looked unelectable four years ago, too. Then I’ll loop back to what the media’s role ought to be in a campaign in which one candidate seems like the all-but-certain winner.

From the moment he took the oath of office, Trump has been a historically unpopular president. According to FiveThirtyEight’s polling average as of Monday, 42.7% approve of his job performance and 53.5% disapprove. That’s in line with his numbers for most of his presidency, and it represents a dip from the rally-round-the-flag bump he got after he belatedly started to address the pandemic.

Moreover, there were indications even before the pandemic that Trump would lose his re-election bid by a wide margin. For instance, in the very first sentence of his new book, “Downfall: The Demise of a President and His Party,” the political scientist Andrew Hacker of Queens College asserts: “There is not even a long-odds chance that Donald Trump will gain a second term.”

Although Hacker’s argument is backed up with a considerable amount of data, it essentially comes down to this: The blue wave that enabled the Democrats to take back the House in 2018 is almost certain to be followed by an even bigger blue wave in 2020, overwhelming any attempts at voter suppression or Electoral College math that would otherwise favor Trump.

Trump’s prospects have only deteriorated in the face of his cruel and incompetent response to COVID. Oxford Economics, which has a solid track record of calling presidential races dating back to 1948, is currently predicting that Trump will receive only 35% of the popular vote and lose the Electoral College by a margin of 328 to 210. The RealClearPolitics polling average as of Monday showed Biden ahead by more than 5 points and leading in battleground states such as Wisconsin, Pennsylvania and Florida.

So, good news for Biden, right? Not necessarily. Because if it looks like a Biden blowout, he may be held to a different, higher standard than Trump.

We all remember what happened in 2016. Clinton’s relatively minor shortcomings over issues like her speech transcripts and, oh yes, her emails were covered as though they were the equivalent of Trump’s stream of racist outbursts, revelations about his corrupt foundation and his boasts, caught on tape, that he had sexually assaulted women.

In his definitive study of how the media performed during the 2016 campaign, the political scientist Thomas E. Patterson of the Harvard Kennedy School wrote that “indiscriminate criticism has the effect of blurring important distinctions. Were the allegations surrounding Clinton of the same order of magnitude as those surrounding Trump? It’s a question that journalists made no serious effort to answer during the 2016 campaign. They reported all the ugly stuff they could find, and left it to the voters to decide what to make of it.”

(Incidentally, Patterson has a new book out called “Is the Republican Party Destroying Itself?” Spoiler alert: He thinks the answer is “yes.”)

Unfortunately, we may be seeing the same thing happen again. Yes, the media showed some restraint in covering Tara Reade’s allegations of sexual assault against Biden, with Politico and the PBS NewsHour doing an especially good job of reporting problems with her credibility. But the smear lingers — despite Biden’s denial, and despite the 25 women who’ve accused Trump of similar and worse misconduct.

The media have risen to the bait regarding Trump’s claims that there was something called an “Obamagate” scandal in 2016. Although Trump hasn’t bothered to flesh it out, it appears to be based on his fury that his campaign’s well-documented ties to Russian interests (see thisthis and this) were the subject of an FBI investigation.

“It’s becoming clear that journalists never fully reckoned with the mistakes of 2016 campaign coverage,” wrote Washington Post media columnist Margaret Sullivan recently. “We know this because they seem poised to repeat them.”

And look at what happened over the weekend. Biden had to apologize for joking with the African American radio host Charlamagne Tha God that “you ain’t black” if he was still trying to decide between him and Trump.

Trump, meanwhile, went off on a sociopathic bender, retweeting attacks on Hillary Clinton (a “skank”), House Speaker Nancy Pelosi (a drunk), Democratic vice-presidential hopeful Stacey Abrams (she’s fat) and repeating his nauseating and utterly false innuendo that MSNBC host Joe Scarborough murdered a female staff member when he was a congressman in 2001.

Guess which story got more attention? To be fair, the press did take note that Trump went golfing and made no mention of the COVID pandemic as the U.S. death toll neared 100,000. But by every indication, it seems that Biden is going to be held to a more stringent standard — and his lead in the polls may have something to do with it.

What would better coverage look like?

First, the media should ignore the polls — not all the time, but most of the time. And they certainly shouldn’t decide who deserves the hairy eyeball on the basis of who’s ahead and who’s behind.

Second, the political press should report on what really matters. Gaffes, of which Biden will make plenty, are worth a tweet, maybe. Phony scandals ginned up by an increasingly desperate president and his supporters should get less than that.

Instead, the press should focus on offering an honest, fair-minded appraisal of the candidates’ character, leadership abilities and experience. And that coverage should look the same no matter who’s ahead or by how much.

Because we all know that regardless of what the polls and the models say, either candidate could win.

Talk about this post on Facebook.

COVID Diary #6: Three discouraging updates on religious gatherings

We’re living through a historic moment. Following the lead of many others, I’ve decided to start keeping a COVID-19 diary. Don’t expect anything startling — just a few observations from someone stuck at home, lucky to be working and healthy.

Rather than writing a personal essay, I thought I’d follow up Diary #5 with some updates on religious gatherings during the pandemic. The early returns are discouraging.

In Mendocino County, California, a church that was apparently doing everything right has ended up fostering an outbreak of COVID-19. According to The Mendocino Voice, only three or four people were at the Redwood Valley Assembly of God Church for a live-streamed service that took place on May 10. Three, including the pastor, have been hospitalized, and the service has now been implicated in the infection of six people.

Ironically, the day after the service Pastor Jack McMilin posted on Facebook a photo of someone holding a sign reading “Why Can We Go to Walmart but Not to Church!??” Still, McMilin can’t be blamed for what happened. Live-streaming is the responsible way to hold religious gatherings these days, and we’ll be tuning in to our church’s service in a few minutes.

• Today’s New York Times — which has published a dramatic front page commemorating the nearly 100,000 Americans who have died — reports that 40 people who attended a service at a Baptist church in Frankfurt have become infected despite practicing social-distancing.

“We followed all the rules,” said a church leader, Wladimir Pritzkau. Ironically, the service was held on May 10, the same day as the Redwood Valley service. Based on the photo accompanying the story, the German service looks as safe as anyone could expect. But it wasn’t — something to think about as religious gatherings resume in Massachusetts.

• Finally, I don’t want to overlook White House press secretary Kayleigh McEnany’s despicable performance at a briefing on Friday. Pressed repeatedly on President Trump’s demand that churches be allowed to reopen, she said, “Boy, it is interesting to be in a room that desperately wants to seem to see these churches and houses of worship stay closed.” Oh, those godless commies in the media.

Fortunately, Reuters reporter Jeff Mason pushed back, saying:

I object to that. I go to church. I’m dying to go back to church. The question we are asking you and would have liked to have asked the president and Dr. [Deborah] Birx is, is it safe? If it is not safe, is the president trying to encourage that, or does the president agree with Dr. Birx that people should wait.

Talk about this post on Facebook.

 

Conspiracy Nation: Why Trump Jr.’s smear of Biden was even worse than it seemed

WGBH News illustration by Emily Judem.

Previously published at WGBHNews.org.

Over the weekend, Donald Trump Jr. posted a shockingly offensive message on Instagram claiming that former Vice President Joe Biden is a child molester. Next to an image of Biden appeared the words “See you later, alligator!” Below was a photo of an alligator with the retort “In a while, pedophile!” (No, I won’t link to it.)

Outrage came swiftly. “The dangerous and untrue charge of pedophilia is the new marker — so far — of how low the Trump campaign will go to smear Biden,” wrote Chris Cillizza at CNN.com. Jonathan Martin of The New York Times called it “an incendiary and baseless charge.” In The Guardian, Martin Pengelly said “most observers” (was that qualifier really necessary?) regarded it as “beyond the pale even in America’s toxic political climate.”

What few analysts noticed, though, was that Trump Jr.’s vile accusation, which he later claimed was a joke, lined up perfectly with a conspiracy theory known as QAnon. Bubbling out of the darkest corners of the internet, the theory claims, in broad strokes, that President Donald Trump is secretly working to destroy a plot led by the Clintons — but of course! — and other Democrats who engage in child abuse and cannibalism. And in order to defeat these malign forces we must heed the cryptic messages of Q, an insider who is helping Trump rout the forces of evil and save the world.

QAnon, in effect, is the ur-theory connecting everything from Pizzagate to paranoia about the “deep state” to regarding impeachment as a “hoax,” as Trump has put it. The Trumps have dabbled in QAnon from time to time as a way of signaling their most wild-eyed supporters that they’re on board. But there’s no exaggerating how dangerous all of this is.

We are living, unfortunately, in a golden age of conspiracy theories. Some, like Alex Jones of Infowars infamy, claim that mass shootings are actually carried out by “crisis actors” in order to give the government a rationale to seize everyone’s guns. Then there’s the anti-vaccine movement, currently standing in the way of any rational response to the COVID-19 epidemic. Indeed, a widely watched video called “Plandemic” falsely claims, among other things, that face masks make you sick and that people who’ve had flu shots are more likely to get COVID.

There’s nothing new about conspiracy theories, just as there’s nothing new about so-called fake news. Never mind the assassination of John F. Kennedy, the subject of a new, weirdly compelling 17-minute song-poem by Bob Dylan called “Murder Most Foul.” A century earlier, there were those who blamed (take your pick) Confederate President Jefferson Davis or Pope Pius IX for the assassination of Abraham Lincoln.

But conspiracy theorizing in the 21st century is supercharged by the internet, with a significant assist from Trump. Trump has indulged not just QAnon but also Alex Jones, the anti-vaxxers and all manner of foolishness about the deep state — the belief that the U.S. government is run by a shadowy cabal of bureaucrats and military officials who are seeking to undermine the president. At its heart, that’s what Trump seems to be referring to when he tweets about “Obamagate!,” a scandalous crime lacking both a scandal and a crime. And let’s not forget that Trump began his political career with a conspiracy theory that he made his own: falsely claiming that Barack Obama was not born in the United States and was thus ineligible to serve as president.

In recent days, the media have converged in an attempt to explain and debunk these various conspiracy theories. Last week, public radio’s “On the Media” devoted a segment to QAnon and “Plandemic.” The investigative website ProPublica has published a guide on how to reason with believers. The American Press Institute has offered tips for reporters. The Conversation, which brings academic research to a wider public, has posted an article headlined “Coronavirus, ‘Plandemic’ and the seven traits of conspiratorial thinking.”

By far the most ambitious journalistic effort is a special project published by The Atlantic called “Shadowland.” And the heart of it is a nearly 10,000-word article by the executive editor, Adrienne LaFrance, profiling the QAnon phenomenon and how it has infected thousands of ordinary people.

“QAnon is emblematic of modern America’s susceptibility to conspiracy theories, and its enthusiasm for them,” LaFrance writes. “But it is also already much more than a loose collection of conspiracy-minded chat-room inhabitants. It is a movement united in mass rejection of reason, objectivity, and other Enlightenment values. And we are likely closer to the beginning of its story than the end.”

What makes QAnon, “Plandemic” and other conspiracies so powerful is that believers have an explanation for every countervailing truth. Experts and others in a position of authority are automatically cast as part of the conspiracy, whether you’re talking about Dr. Anthony Fauci, Hillary Clinton or Joe Biden.

“For QAnon, every contradiction can be explained away; no form of argument can prevail against it,” LaFrance writes. This type of belief system is sometimes referred to as “epistemic closure” — the idea is that believers live in a self-contained bubble that explains everything and that can’t be penetrated by contrary facts.

What can the media do in the face of such intense beliefs? In all likelihood, the answer is: not much. There is a school of thought among some press critics that if only news organizations would push harder, prevaricate less and devote themselves more fully to truth-telling rather than to reporting “both sides,” then a new dawn of rationality would surely follow. But that fundamentally misunderstands the problem, because the mainstream, reality-based media are regarded as part of the conspiracy. Journalism is grounded in the Enlightenment values that LaFrance invokes — the expectation that false beliefs will give way when confronted by facts and truth. Unfortunately, that’s not the world we live in today.

It should be noted that after Donald Trump Jr. posted his hideous attack on Joe Biden, Instagram neither deleted his post nor took down his account. Instagram, as you probably know, is owned by Facebook and is thus firmly ensconced within the Zuckerborg, which wants us all to believe that it is so very much concerned about truth and hate speech.

Thus does such garbage become normalized. You see a reference to Biden as a pedophile, and it seems off the wall. But then you remember he’s apologized for being handsy with women. And wasn’t he accused of sexual assault? And now look — there’s something on the internet about Democrats and pedophilia. Gosh, how are we supposed to know what to think?

Welcome to our nightmare.

Talk about this post on Facebook.

In a new book, political scientist Andrew Hacker argues that Trump can’t win

Nearly every poll says the same thing: Joe Biden is beating Donald Trump nationally, but it’s closer in the swing states, and by no means should we rule out a second term for Trump. For those of us who believe Trump represents an existential threat, it’s a nerve-wracking prospect, conjuring up nightmares from 2016 all over again.

But not to worry, writes Andrew Hacker in his new book, “Downfall: The Demise of a President and His Party.” Hacker, a political scientist based at Queens College who’s best known for his book “Two Nations: Black and White, Separate, Hostile, Unequal,” argues that 2016 was a fluke that won’t be repeated. He opens thusly:

There is not even a long-odds chance that Donald Trump will gain a second term. Nor is this wishful thinking. Compelling evidence abounds that anyone the Democrats nominate will win the popular vote, and by a margin to easily carry the Electoral College. Republicans down the ballot will suffer a similar demise, losing even more House seats, and very likely the Senate.

Among other things, Hacker argues that Hillary Clinton was a uniquely unappealing candidate who combined arrogance with a sense of entitlement (I don’t agree, but I know plenty of people who do); that massive Democratic turnout in the 2018 midterm elections foreshadows a blue wave this November; and that the electorate continues to favor the Democrats demographically as it becomes less white, less straight and better educated.

Hacker wrote “Downfall” before the Democrats had settled on Biden as their presumptive nominee and before anyone had heard of COVID-19. It remains to be seen whether Biden was the best choice to do battle with Trump. But polling shows that the president’s cruel and incompetent response to the pandemic is harming whatever chances he had of being re-elected.

The argument that Hacker offers is in line with that of Rachel Bitecofer, a political scientist based at the Niskanen Center, a Washington think tank. Bitecofer made a splash earlier this year with a new election model that said Trump has virtually no chance of winning, mainly because unusually high Democratic turnout this fall is assured.

“In the polarized era, the outcome isn’t really about the candidates,” Bitecofer was quoted as saying in Politico Magazine. “What matters is what percentage of the electorate is Republican and Republican leaners, and what percentage is Democratic and Democratic leaners, and how they get activated.”

Another political scientist, Thomas Patterson of the Harvard Kennedy School, argues in a new book that the Republican Party has guaranteed its demise by moving to the extreme right, by ignoring demographic trends, by taking dictation from right-wing media, by showering tax cuts upon the wealthy, and by disregarding democratic norms such as voting rights, through which “it has made lasting enemies and created instruments of power that can be used against it.”

In so doing, Patterson writes in “Is the Republican Party Destroying Itself?,” the GOP has abdicated its role as the necessary center-right counterbalance to the center-left Democrats.

All of this is encouraging if you want to see Trump leave office next January. And the data suggesting that he’ll lose is compelling. But we’ve all been here before, haven’t we? Patterson, after all, is also the author of the definitive analysis of how media malpractice contributed to Trump’s election four years ago — and, as Washington Post media columnist Margaret Sullivan laments, here we go again. So let’s see how it plays out.

Talk about this post on Facebook.