Tag: Fox News

Edward Snowden and the peril facing journalism

Edward Snowden
Edward Snowden

This commentary was published earlier at The Huffington Post.

The editors of The New York Times appear to have forgotten an important principle: the First Amendment is for all of us, and does not grant any special privileges to the institutional press. Thus if Edward Snowden is prosecuted for leaking classified documents about the National Security Agency’s secret surveillance programs, the news organizations that published those documents could face criminal charges as well.

The possibility that journalists could be in legal jeopardy for doing their jobs seems not to have occurred to whoever wrote an editorial in today’s Times, which argues that Snowden should be prepared to pay the price for civil disobedience by way of his leaks to The Guardian and The Washington Post.

Though the editorial dismisses the absurd notion that Snowden has committed treason, it concludes with this observation, which comes across as semi-sympathetic but contains toxic implications: “Mr. Snowden may well be going to jail for exposing practices that should never have been secret in the first place.”

In fact, if Snowden, as seems likely, is charged under the Espionage Act of 1917, there is nothing to stop the government from going after The Washington Post as well — or The Guardian, if someone would like to seek extradition of Glenn Greenwald, who broke the story, and his editor, Alan Rusbridger.

American journalists in these situations operate on the premise that they are free to publish information even if the source or sources who gave it to them violated the law in obtaining it. That’s largely true — First Amendment protections against censorship are extraordinarily high. The corollary, though, is that there may be consequences to be paid post-publication.

The best-known example is the Pentagon Papers, a case that should be near and dear to the hearts of Times editors. In a 6-3 decision, the U.S. Supreme Court ruled that the Times and the Post could not be prevented from publishing the government’s secret history of the Vietnam War.

But as civil-liberties lawyer Harvey Silverglate pointed out in a 2006 article for The Boston Phoenix, five of the nine justices essentially invited the government to file charges against the Times and the Post after publication — and the Nixon administration was preparing to do just that before it got caught up in the burgeoning Watergate scandal.

Silverglate was concerned that the Times faced possible charges under the Espionage Act for revealing the existence of the Bush administration’s warrantless wiretapping program. Even though the program illegally circumvented the Foreign Intelligence Surveillance Court, then-president George W. Bush called the Times’ reporting “a shameful act” — and Gabriel Schoenfeld, writing in Commentary, was just one on the neocon right who argued that the Times should be prosecuted.

More recently, the Times published many of the WikiLeaks documents exposed by Bradley Manning, who is now on trial and who may face a life sentence. And in 2010 John Cook posted a short piece in Gawker making the commonsense observation that the Times‘ potential liability was precisely the same as that of WikiLeaks founder Julian Assange, who had been targeted by Attorney General Eric Holder. Cook wrote:

So if it was a crime when Assange obtained the database, why wasn’t it a crime when the Times did? The Espionage Act makes no distinctions when it comes to sources of defense information: It’s a crime to “obtain [it] from any person, or from any source whatever.” Assange got it from Manning, the Times got it from the Guardian; both transactions are equally criminal under the act.

More than a year ago, I argued that President Barack Obama was engaged in a “war on journalism” stemming from his administration’s obsession with rooting out leakers. Recently we learned that the Justice Department had spied on the Associated Press and on Fox News reporter James Rosen, and had even gotten a judge to sign a search warrant identifying Rosen as a criminal co-conspirator. Now U.S. Rep. Peter King, R-N.Y., is calling for journalists to be prosecuted for publishing the NSA documents leaked by Snowden.

This is a moment of great peril for journalism. With 56 percent of Americans saying they don’t mind if the government monitors their phone records, public opinion is hardly on the side of whistleblowers and the news organizations that work with them.

Whether we approve of everything Edward Snowden did or not, The New York Times and others in our craft ought to show more solidarity. If he is in trouble, so are all of us.

Media Nation’s top 10 posts of 2012

be02f758328311e2b55612313804a1b1_7Work-force reductions at The Boston Globe. The end of WFNX as an over-the-air radio station. “Local” news from the Philippines. Possible bankruptcy at GateHouse Media.

These were a few of the top 10 Media Nation posts of 2012 as determined by Google Analytics and WordPress’ own internal statistics.

Most people who read Media Nation come in via the home page, which means that any notion of a “top 10” is dubious. Usually it means that a particular post got retweeted a lot on Twitter or was linked to by a popular media website such as JimRomenesko.com.

But the list isn’t entirely without meaning — and one takeaway for me is that Media Nation’s role as an aggregator and a curator may be its most important. I’ll keep that in mind in the year ahead.

Here is my top 10 for 2012.

1. The Boston Globe keeps on shrinking (July 23). Despite some encouraging signs in the form of rising digital-subscription numbers and a continued commitment to first-rate journalism, The Boston Globe, like nearly all daily newspapers, continues to struggle financially. Last summer Media Nation obtained a memo from Globe publisher Christopher Mayer announcing another wave of downsizing at the Globe and its sister paper, the Telegram & Gazette of Worcester.

2. Donna Halper on the future of radio (May 17). Friend of Media Nation Donna Halper was kind enough to write a guest commentary, and her post turned out to be the second most popular of 2012. Halper wrote following an announcement by the Phoenix Media/Communications Group that it would sell WFNX’s broadcast frequency, 101.7 FM, to Clear Channel. Fortunately for local music fans, by the end of 2012 WFNX and the Globe’s RadioBDC were engaged in a spirited competition of online-only local music stations — the real future of radio.

3. Long-distance “local” journalism (July 5). The public radio program “This American Life” and the journalist Anna Tarkov reported extensively on Journatic, which helps community newspapers cuts costs by outsourcing some of their local coverage. At its worst, news was being compiled by underpaid Filipino workers writing under fake bylines. Dubbed “pink slime” journalism by one former practitioner, Journatic underscored what debt-ridden corporate chains will do to survive — and thus demonstrated the importance of independent local journalism.

4. And Joe Scarborough thinks “Morning Joe” is awesome (Jan. 1). A full-page ad in The New York Times for the wretched MSNBC program “Morning Joe” started the gears whirring when I noticed one of its celebrity endorsers was Tom Brokaw. Who, uh, appears on “Morning Joe.” I got to work, and soon found that Politico, which was quoted as praising the program, had an undisclosed partnership. The ad even stooped to using seemingly positive quotes from two reviewers who actually didn’t like it much at all. Disingenuous, to say the least.

5. More bad news for GateHouse Media (March 19). By now it’s not exactly news when executives at GateHouse Media, struggling with $1.2 billion in debt, pay themselves handsome bonuses. (Nor is that unusual at newspaper companies.) In 2012, though, there was a wrinkle at the chain, which owns some 100 community newspapers in Eastern Massachusetts. Jack Sullivan of CommonWealth Magazine paged through the company’s financial disclosures and discovered that officials were openly raising the possibility of a bankruptcy filing.

6. David Gregory debates himself (Oct. 1). The host of “Meet the Press” was brought in to moderate the second televised debate between Republican Sen. Scott Brown and his Democratic opponent, Elizabeth Warren. Unfortunately, it was all about David Gregory. Good thing the candidates were forced to weigh in on whether Bobby Valentine deserved a second year as Red Sox manager. Warren blew the question but won the election.

7. From Newtown, a plea for media restraint (Dec. 17). I republished an open letter from John Voket, associate editor of The Newtown Bee, to his colleagues at the New England Newspaper & Press Association following the massacre at Sandy Hook Elementary School. Voket wrote about “reporters and media crews invading the yards and space of grieving survivors, school staff and responders,” and asked editors “to remind your correspondents that most are still requesting to be left alone.” A heartfelt message from ground zero.

8. Calling foul on politicians who lie (Aug. 30). It would be hard to come up with a more falsehood-laden performance than U.S. Rep. Paul Ryan’s speech at the Republican National Convention. Ryan’s lies prompted me to wonder how far the balance-obsessed media would be willing to go in labeling them for what they were.

9. At CNN, getting it first and getting it wrong (June 28). My instant reaction to CNN’s false report that the U.S. Supreme Court had overturned the individual mandate in the Affordable Care Act. At least CNN executives flogged themselves in the public square. As we later learned, Fox News made the same mistake — and refused to apologize.

10. An unconscionable vote against the disabled (Dec. 5). My reaction to Senate Republicans’ rejection of a United Nations treaty on the rights of the disabled — a treaty modeled after the Americans with Disabilities Act, championed by President George H.W. Bush, a Republican.

Ghosts of 2011. Oddly enough, the single most popular post of 2012 was one I wrote in 2011 — a fairly terse item on Jay Severin’s return to the Boston airwaves, a comeback that proved to be brief. As I wrote last year, I’ve put up several Severin posts that have generated huge traffic, and I have no idea why.

Rory O’Connor to read from his new book

Backscratching Day festivities continue with my interview at thephoenix.com with old friend Rory O’Connor. The occasion is O’Connor’s excellent new book, “Friends, Followers and the Future: How Social Media are Changing Politics, Threatening Big Brands and Killing Traditional Media,” published by City Lights.

O’Connor will appear on Tuesday, May 22, at 7 p.m. at the Brookline Booksmith to talk about his book and sign. His book grew out of a semester he spent a few years ago at Harvard’s Joan Shorenstein Center after stepping down as editorial director of NewsTrust. The idea behind NewsTrust was that an online community could identify and evaluate journalism with respect to sourcing, fairness and the like. Unfortunately, O’Connor discovered that too many of the people who joined NewsTrust were pushing a political agenda.

Among the more provocative ideas that O’Connor discusses in “Friends, Followers and the Future” is that Facebook is actually a fairly effective platform for sharing diverse sources of information, since members tend to cultivate a lot of “weak ties” with acquaintances whose political views and life experiences may be quite different from their own.

The larger issue, in O’Connor’s view, is trust. We no longer fully trust legacy media, whether it’s the New York Times or Fox News. Facebook, Google and other online services present their own trust issues. “But I’m optimistic,” he concludes, “that ultimately the ongoing digital information revolution will help us not only to trust, but also to verify.”

Mitt Romney, the inevitable and unelectable man

Mitt Romney

It’s only another poll, but today’s news from Public Policy Polling that Rick Santorum has jumped out to a 38 percent to 23 percent lead over Mitt Romney prompts me ponder the fate of our former governor.

From the start, Romney’s candidacy has been defined by two dynamics.

On the one hand, there’s little doubt that he is absolutely unacceptable to right-wing Republicans, which is to say the people who actually comprise a majority of activists in the nominating process.

On the other hand, I can’t remember the last time a serious candidate for national office such as Romney was lucky enough to run against such a weak field of competitors. Santorum and Newt Gingrich are scarcely more credible than Michele Bachmann, Herman Cain and Rick Perry. Ron Paul is running for his own purposes, which do not include becoming president. (Frankly, I’m not even sure that was Santorum’s or Gingrich’s goal when they first started running. Gingrich, in particular, mainly seemed interested in selling books and boosting his speaking fees.)

It’s because of my “one hand” that I believed until late last fall that Romney would never win the nomination. It’s because of my “other hand” that I gradually came to believe Romney had to win — and that, in fact, the health of our democracy depended on his keeping genuine loathsome characters such as Gingrich and Santorum as far away from the White House as possible.

After Florida, it looked like it was finally over, and that sullen Republicans would do what they were told. After Colorado, Missouri and Minnesota, what will happen next is anyone’s guess. Romney’s craven speech at the Conservative Political Action Conference won’t help him, and his never-ending repositioning on issues has left him with an unappetizing choice between trying to look like he believes in something — anything — or giving in to his urge to tell whatever audience he’s speaking to exactly what he imagines it wants to hear.

If there’s still an authentic Romney underneath all the phony exteriors he’s tried on and discarded, then it is probably someone without a real political orientation — a pragmatic problem-solver, too liberal for Republicans (outside of Massachusetts), too conservative for Democrats, too bloodless and unappealing to be able to turn those qualities into a virtue, the way Ross Perot briefly did a dozen years two decades ago. [Seems like it was just last week!]

I imagine Romney will turn the battleship around and aim the cannons of his Super PAC at Santorum. I’d guess that we’ll be hearing about disgraced former lobbyist Jack Abramoff’s (as yet unproven) connection to the Republican Frontrunner of the Moment. It may work. And yes, if Romney does somehow manage to stagger to the nomination, he’ll still be a more formidable candidate against President Obama than any other Republican.

But what we’re watching now is a strange and disturbing dynamic, as Romney — someone whose qualifications and experience are impressive, whatever his shortcomings as a candidate — tries to pick his way through the ruins of a once-great political party that has collapsed into a vestigial appendage of the Fox News Channel.

Photo (cc) by Gage Skidmore and republished here under a Creative Commons license. Some rights reserved.

Three quick thoughts about the Republican race

Flag of the Cayman Islands

Three quick observations about the state of the Republican presidential campaign:

• It’s been a very bad week for Mitt Romney. First came his peevish debate performance Monday night. Then came his admission that his tax rate is half that of ordinary Americans, followed by the revelation that he parks a great deal of his wealth in the Cayman Islands.

But one thing the media are unlikely to back down on is their insistence that he’s “two for two” going into Saturday’s South Carolina primary, even though we’ve known since Jan. 6 that Rick Santorum may have beaten him in the Iowa caucuses.

Now the Des Moines Register reports that the best numbers we’re ever going to get show Santorum ahead of Romney by 34 votes. Apparently the votes from eight precincts have been lost, so we’ll never know exactly who won.

Still, the media’s insistence that Romney had “won” Iowa by eight votes was never based on anything more than a provisional count that crumbled within hours. If it was all right to report that Romney won Iowa then, it’s certainly all right to say Santorum won Iowa now.

Does it matter? No. But it was the media that told us relentlessly and breathlessly for many months that it did matter. So surely it matters that Romney apparently came in a narrow second, eh?

• Will Fox News allow Sarah Palin to take part in its post-debate spin tonight now that she has essentially endorsed Newt Gingrich for president? Tune in and see.

• I thought it was crystal-clear that Gingrich was being racially provocative when he got into his food-stamp exchange with Juan Williams on Monday night, and I’m amazed by those who refuse to see it that way. So I was delighted to see this report from the road in today’s New York Times, which ends:

“I want to thank you, Mr. Speaker, for putting Mr. Juan Williams in his place,’’ she said.

The audience burst into sustained applause.

Any questions? And don’t miss Charles Pierce: “What Newt Gingrich is doing down here is running a campaign that is pure George Corley Wallace, straight out of 1968 and 1972.”

Live-blogging tonight’s debate

If you’re interested — and even if you’re not — I’ll be live-blogging tonight’s Republican presidential debate, which begins at 9 p.m. on the Fox News Channel.

My apologies to those who subscribe to Media Nation by email. You may want to turn it off for the next few hours, as you will receive an email every time I update. The simplest solution is to send a blank email to media_nation-unsubscribe@yahoogroups.com. You can always join again later.

9:08 p.m. A little bit of a minefield for Newt Gingrich coming out of the box. He negotiated it pretty skillfully, although his saying that he teaches generals “the art of war” was laugh-out-loud funny.

9:51. Gingrich is mangling Jefferson and Marbury v. Madison. He says he understands it better than lawyers. Good luck with that.

9:53. I am so sick of listening to Bachmann and Santorum I could scream. At least watching Perry trying to negotiate a simple sentence is entertaining.

9:57. Perry managed to name three Supreme Court justices. Let the bandwagon start rolling again.

9:59. I’m bailing on the live-blog, and will be live-tweeting the second half of the debate here.

WTKK fires Severin

Jay Severin

In what I’m sure will be a surprise to no one, Greater Media has announced that WTKK Radio (96.9 FM) talk-show host Jay Severin has been fired. Boston Globe story here; Boston Herald story here.

Severin was suspended last week, apparently for making some pretty loathsome remarks about sex with interns. Standard fare for the hatemongering Severin, but his $1 million salary and his plummeting ratings made getting rid of him an easy call.

Meanwhile, Globe columnist Scot Lehigh proves that Severin lied about him recently regarding Lehigh’s reporting that Severin had lied about having received a Pulitzer. Fun piece (“lying about lying,” Lehigh calls it), though the only folks who thought Severin was telling the truth about Lehigh were the most hopeless of his sycophants. Which means they won’t be convinced now, either.

Severin has already been scrubbed from the WTKK website. Jay who? We don’t know anyone named Jay.

Was Media Nation the first to predict that Severin wouldn’t be back? You tell me.

And just think: Severin’s departure comes on the same day that we learn fading Fox phenom Glenn Beck will be leaving his daily show later this year. Beck is supposedly going to work on unspecified projects for Fox.

What’s next in the cable news wars

Rachel Maddow

Three quick hits on the continued fallout over Keith Olbermann’s departure from MSNBC:

1. It looks like MSNBC’s response has been to give promotions to everyone rather than consider what might work best. The network is feeding Lawrence O’Donnell to the wolf (i.e., Fox News’ Bill O’Reilly) at 8 p.m. And Ed Schultz at 10? Really? Aren’t all his viewers in bed by then?

If I were MSNBC honcho Phil Griffin, I’d move Chris Matthews to 8. Matthews is much maligned (I’ve maligned him myself), but he’s still weirdly compelling after all these years. His energy and passion are likely to hold Olbermann’s losses to a minimum. Let Schultz have the 7 o’clock hour and see what he can do with it.

I agree with Griffin’s decision to keep Rachel Maddow at 9. I realize she would do better against O’Reilly than anyone else, but she’s now the franchise, and protecting the franchise is important. If her ratings were to drop below Olbermann’s, it would demoralize the whole operation. And I’d keep O’Donnell at 10, too.

2. CNN, which has slipped behind MSNBC in the prime-time ratings, has an opportunity to take advantage of the Olbermann mess. I’ll confess I haven’t seen Piers Morgan’s new talk show yet, but the clips look very promising — a huge step up from Larry King.

I’ve always liked Anderson Cooper better than “Anderson Cooper 360.” Whatever’s wrong with the show can be fixed. And here’s what’s wrong: inconsistency (you never know whether you’re going to get a solid newscast or tabloid trash) and the two-hour length, which has led CNN to use much of the 10 o’clock hour to flog what’s coming at 11.

The solutions are fairly simple. Cut the newscast to an hour, rebroadcasting Piers Morgan at 11; and up the intelligence quotient.

CNN executives will still need to deal with the toxic-waste pit that is “Parker Spitzer” at 8. I’d move John King’s politically oriented newscast to that slot and cross my fingers.

3. Barring any unexpected bombshells, Bill Carter and Brian Stelter’s take on why Olbermann left seems pretty definitive. But though Comcast, the incoming owner of NBC Universal, appears to have its corporate hands clean, my expectation is that at some point the company will blow up MSNBC.

Maybe it will happen soon. Maybe it won’t happen until Comcast wants to curry favor with a new Republican administration in the White House. But it will happen.

Photo via Wikimedia Commons.

One final word (I hope) on Olbermann

Olbermann addressing his suspension last night. Click on image to see video.

One thing I could have made clearer in what has proved to be a fascinating discussion about Keith Olbermann’s political donations is that my support for the principle of journalistic independence should not be confused with support for the specific NBC News policy that tripped him up.

The policy, as reported by Politico, is absurd, as it cites the need to remain an “impartial journalist” as its justification, and states that employees may make contributions if they seek permission:

Anyone working for NBC News who takes part in civic or other outside activities may find that these activities jeopardize his or her standing as an impartial journalist because they may create the appearance of a conflict of interest. Such activities may include participation in or contributions to political campaigns or groups that espouse controversial positions. You should report any such potential conflicts in advance to, and obtain prior approval of, the president of NBC News or his designee.

No one would consider Olbermann to be an impartial journalist, and I can easily believe he had no idea he was violating policy when he donated to three Democratic politicians. Not to be belabor the point, but the principle that I think matters is independence, not impartiality. Check out the nine principles in Bill Kovach and Tom Rosenstiel’s “Elements of Journalism.” You will note that two of them deal with independence, but objectivity isn’t even mentioned.

In his commentary last night, Olbermann implicitly described himself as a journalist by saying that the policy needs to be reconsidered in light of “21st-century journalism.” He is doing journalism of a sort. If you can find a meaningful difference between one of Olbermann’s “special comments” and Frank Rich’s Sunday column in the New York Times (one of my favorite reads), then you’re able to draw distinctions that elude me. And I don’t think anyone would argue that Rich isn’t a journalist.

Olbermann last night not only admitted he should have changed a “Worst Person” segment because of one of his donations, but he also quite properly pointed out the problems that would have ensued if he had contributed to Arizona congressman Raul Grijalva before having him on the show rather than after. That strikes me as a pretty good summation of why even opinionated hosts shouldn’t write checks to politicians.

A final observation: A number of people have criticized me and others for obsessing over Olbermann’s small contributions when Fox News hosts such as Sean Hannity routinely donate to politicians, and when Fox News major domo Rupert Murdoch has no scruples about giving $1 million to the Republican Governors Association.

They’re right, of course. Fox News is strictly a talk-show operation — the video equivalent of Rush Limbaugh’s radio show. MSNBC aspires to something higher than that. To say that MSNBC is a mirror image of Fox News is akin to arguing that the Nation is just like the Drudge Report. Rachel Maddow explained the difference quite well on Friday. But I don’t think it’s necessary to say “of course, Fox is worse” every time I write about MSNBC.

NBC handled the Olbermann matter badly right from the start, though the final result — a two-day suspension — strikes me as fitting the offense rather well. I’m glad Olbermann is back. And I agree with him that NBC ought to take another look at its policy. I’d make it tougher and clearer.

Another take on Olbermann’s donations

By Marjorie Arons-Barron

Keith Olbermann’s “indefinite suspension” for violating NBC’s policy barring donations to political candidates turned out to be just two days off the air. Which probably makes sense because his misstep was not in making the donations to three Democratic candidates but in not informing the NBC powers that be, as the network’s policy demands. Put in that context, the “punishment” was just a company’s way of showing who’s boss, of not letting an employee act “too big for his britches.”

The real question remains unanswered: should real journalists make donations to political candidates? The short answer to that is No. Not. Never. If you’re gathering and reporting the news, you need to project an open-mindedness and the ability to tell a story without bias. The Globe’s Brian Mooney and the Herald’s Jessica Van Sack would be sacked if they ever contributed to candidates, I am sure, and their writing would lose credibility.

Keith Olbermann is a journalist only in the broadest sense of the word, “a writer or editor for a news medium.” But the definition of journalism I grew up with was closer to Webster’s definition of one engaged in “the direct presentation of facts or description of events without an attempt at interpretation.” That is not what Keith Olbermann is about. Given how clearly he states his political opinions and preferences, he is really more of a news entertainer, just like Bill O’Reilly and Sean Hannity on Fox. If NBC really cares about separating news from opinion, it should bar Olbermann from anchoring coverage of election night returns.

Even when I earned my living as an editorialist, always writing and airing opinion, I would never contribute to a candidate because it would appear to compromise my ability to gather information (on which the opinion would eventually be based) in the most neutral way. I would hope that today’s editorial writers abide by that rule. For they are, in the best sense of the word, opinion journalists.

But in the cable news business, the pitchmen (and women) on Fox and MSNBC are shilling for their viewpoints and favorite candidates on a daily basis. As David Carr points out in Monday’s NY Times, that amounts to an in-kind contribution. Fox News has even had three presidential hopefuls (Newt Gingrich, Mike Huckabee and Sarah Palin) on the payroll as commentators. Its website headlines Christine O’Donnell, Carl Paladino, Meg Whitman and Joe Miller.

Fox is fine with all this (hey, Rupert Murdoch donated $1 million to the Republican Governors Association). MSNBC doesn’t ban donations. It only wants those who donate to inform the higher-ups. This is a distinction without a difference.

In today’s cable environment, a defined point of view is part of the station’s brand. It’s why those inclined to the right tune into Fox and those on the left tune into MSNBC. What difference can it make at this time that their stars are donating to candidates? I may not like it, but, if I’m in the market for balanced and credible news, theirs are not the places to which I turn.

Marjorie Arons-Barron is president of Barron Associates Worldwide and the former editorial director for WCVB-TV (Channel 5). You can read her blog here.