Almost from the beginning of the social-media age, I’ve been too deeply immersed for my own good. So I appreciated this recent essay (gift link) in The New York Times Magazine by J Worthen, who tells us that Bluesky might look like the better, kinder place at the moment but that it’s probably destined to turn into a vortex of sociopathy like all the rest. Here’s the nut:
We have officially arrived in late-stage social media. The services and platforms that delighted us and reshaped our lives when they began appearing a few decades ago have now reached total saturation and maturation. Call it malaise. Call it Stockholm syndrome. Call it whatever. But each time a new platform debuts, promising something better — to help us connect better, share photos better, manage our lives better — many of us enthusiastically trek on over, only to be disappointed in the end.
As someone who used to get into fights on Usenet back in the 1990s (look it up), long before anyone had ever thought of using algorithms to drive content that engages and enrages, I agree that it’s hopeless. Bluesky might prove to be the exception. Among other things, you get to choose your own algorithm, or none at all. But it really doesn’t matter. The real problem is that, no, you can’t have meaningful conversations with strangers, and social media is inimical to the way we’ve evolved.
The post-Musk social-media landscape has also been defined by the incredibly annoying practice of platform-shaming — a hopeless chase after the least-evil alternative, accompanied by bitter criticism of anyone who would dare keep using those platforms that are deemed insufficiently free of harmful entanglements.
E. Jean Carroll in 2006. Photo (cc) 2006 by julieannesmo.
Like most observers, I figured that ABC News’ decision to settle a libel suit with Donald Trump for a total of $16 million had more to do with the network’s desire to make a public relations problem disappear than it did with any chance that the network would actually lose the case.
After all, when anchor George Stephanopoulos said on the air that Trump had been found “liable for rape” in a lawsuit brought by the writer E. Jean Carroll, he was merely quoting a federal judge, who said a civil-court jury had indeed found that Trump “raped her” [Carroll] using the everyday meaning of the word rather than the strict legal definition.
But CNN media reporter Brian Stelter raises another intriguing possibility: that ABC’s lawyers wanted to avoid pre-trial discovery. As Stelter reports, ABC didn’t even wait for the judge to rule on whether to grant summary judgment in the case — a routine proceeding in which the defendant asks the judge to find that the plaintiff’s case is so lacking in substance that it ought to be immediately dismissed. Stelter quotes Ken Turkel, a trial lawyer who is representing Sarah Palin in her revived libel case against The New York Times:
“In my experience, when media defendants are unsuccessful at the dismissal stage,” which was in July, “they focus on preparing for summary judgment to challenge the legal sufficiency of a plaintiff’s claim,” he said. “It begs the question as to why ABC settled before the summary judgment stage.”
Turkel also said “you would have to consider” whether the discovery process unearthed emails or other internal ABC data that damaged the network’s case.
Stelter also observes that right-wing media figure Erick Erickson, who’s a lawyer, wrote on Twitter: “No, a $15 million settlement is not the cost of doing business. It is avoiding discovery.”
This makes a great deal of sense. Based on what Stephanopoulos said on the air, his comments were clearly not delivered with actual malice (that is, they were not knowingly false nor reckless), and they were arguably not even false given the judge’s comments. The judge, Lewis Kaplan, went so far as to say that the verdict “establishes against him [Trump] the substantial truth of Ms. Carroll’s ‘rape’ accusations.”
But pre-trial discovery may have revealed internal animus toward Trump from Stephanopoulos and/or others, which Trump’s lawyers might have been able to conflate into actual malice. Combined with Stephanopoulos’ failure to describe the verdict against Trump with 100% precision, ABC’s lawyers may have genuinely feared that Trump had a case he could win in front of sympathetic jury that loathes the media.
Did Stephanopoulos libel Trump? Based on facts that are on the record, the answer is “no.” And I still wish ABC had fought back. But the settlement may have been for a more complicated reason than ABC’s and parent company Disney’s desire to toady to the once and future president.
George Stephanopoulos earlier this year. Official White House photo by Carlos Fyfe.
For this morning, a tale of two libel suits, one national, one local. The national case threatens to undermine protections for journalism that have been in place since 1964. The local case will result in the closure of a weekly newspaper that started publishing 139 years ago.
First, the national lawsuit. On Saturday, ABC News agreed to pay $15 million to Donald Trump in order to settle a libel claim over repeated on-air assertions by anchor George Stephanopolous that a jury had found Trump “liable for rape” against the writer E. Jean Carroll. The money will be paid to Trump’s presidential library and foundation, Paula Reid and Katelyn Polantz report for CNN. ABC will also pay $1 million for Trump’s legal fees and issue an apology.
The problem is that what Stephanopoulos said was substantially true. The CNN story put it this way: “In 2023, a jury found that Trump sexually abused Carroll, sufficient to hold him liable for battery, though it did not find that Carroll proved he raped her.” And here’s the big “but”: In August 2023, U.S. District Judge Lewis Kaplan found that Trump had, in fact, raped Carroll under the everyday meaning of the word if not under the legal definition. Here’s what Lewis said at the time in the course of ruling on one of Carroll’s defamation proceedings against Trump:
Indeed, the jury’s verdict in Carroll II establishes, as against Mr. Trump, the fact that Mr. Trump “raped her,” albeit digitally rather than with his penis. Thus, it establishes against him the substantial truth of Ms. Carroll’s “rape” accusations.
I’ll give you a moment to throw up. Now, then, let’s parse this, shall we? A jury found Trump liable for “sexual abuse,” which Judge Lewis ruled was tantamount to being found liable for rape. What Stephanopoulos said was inaccurate only under the most hypertechnical interpretation of what actually happened — and, as I said, Stephanopoulos’ assertions were substantially true, which is supposed to be the standard in libel law. But ABC and its parent company, Disney, decided to appease Trump rather than continue to fight.
And what’s with Stephanopoulos? At 63, he has made many millions of dollars. If he had resigned and continued to fight rather than go along with his corporate overlords, he could have been a hero. Who knows what opportunities would have opened up for him? Instead, he’s content to continue as a highly compensated apparatchik. It’s sad.
By settling with Trump, ABC is following in the path of other corporate titans, a number of whom have donated $1 million apiece to Trump’s inauguration festivities. The donors include Facebook CEO Mark Zuckerberg, OpenAI CEO Sam Altman and Amazon founder Jeff Bezos, who owns The Washington Post.
Under the 1964 Supreme Court ruling of Times v. Sullivan and subsequent refinements, public officials and public figures like Trump need to show that statements they find harmful are false, defamatory and made with actual malice — that is, with knowing falsehood or with reckless disregard for the truth — in order to win a libel suit.
What Stephanopoulos said arguably wasn’t even false, and surely it didn’t amount to actual malice. A deep-pockets defendant like Disney ought to stand up for the First Amendment lest its cowardly capitulation to Trump harm other media outlets without the wherewithal to fight back.
Coming at a time when two of the Supreme Court’s justices, Clarence Thomas and Neil Gorsuch, have publicly signaled that they would like to weaken Times v. Sullivan, ABC’s behavior is shockingly irresponsible.
Local paper to close
Now for the local case. On several occasions I’ve written about an explosive libel suit brought against the weekly Everett Leader Herald by that city’s mayor, Carlo DeMaria.
Unlike the matter of Trump and ABC, you will not find a clearer example of actual malice, as Leader Herald publisher and editor Joshua Resnek testified in a deposition that he’d made up facts and quotes in a campaign aimed at impugning DeMaria’s integrity. That news was broken in January 2023 by Boston magazine’s Gretchen Voss. Indeed, eight months later, Middlesex Superior Court Judge William Bloomer froze assets belonging to Resnek and one of the paper’s owners, Matthew Philbin, because he believed DeMaria was likely to win his case.
The denouement came Sunday when The Boston Globe reported that the suit would be settled for $1.1 million and that the Leader Herald would be shut down as part of the settlement. Globe reporter Maddie Khaw writes:
Resnek, who writes and edits most of the Leader Herald’s articles, has frequently used the nickname “Kickback Carlo” to refer to DeMaria, a moniker representing Resnek’s claims that DeMaria had received illegal payments in real estate deals.
Records show that Resnek has admitted to knowingly reporting falsehoods and fabricating quotes.
“Mr. Resnek wrote what he wrote because he believed Mr. DeMaria was bad for the City of Everett and he was motivated by the fanciful notion that he could bring about Mr. DeMaria’s defeat in the [2021] election for Mayor,” the defendants’ lawyers wrote in court documents.
DeMaria and his lawyers will hold a news conference later today. Meanwhile, there is nothing up at the Leader Herald’s website about the settlement, which features several stories that were posted as recently as this month.
Incredibly, Everett is also the home of two other weekly newspapers, the Everett Independent and the Everett Advocate, both of which are part of small, locally owned chains; neither of them has anything on the settlement, either.
In case you missed it, Lester Holt really got under Biden’s skin and inadvertently did the president a big favor in Monday night’s interview. It was Biden’s best moment by far since June 27. Not such a great moment for Holt, though, as he was aggressive, which was fine, but also asked questions that were dumb and repetitive.
My favorite part was when Holt kept asking Biden if he had watched video of the debate, which became a point of contention after Biden told George Stephanopoulos that he couldn’t remember. Biden’s exasperated response to Holt: “I was there!”
Biden offered some pointed media criticism as well, flashing some anger and demanding that Holt explain why he and other members of the media weren’t doing more to hold Donald Trump to account. Overall, a good night for Biden.
We were at a Worcester Red Sox game Friday night, so we watched George Stephanopoulos’ interview with President Biden when we got home. I don’t think it moved the needle. Biden was neither strong enough to put the doubts to rest nor weak enough to accelerate calls for him to step aside.
Stephanopoulos did an admirable job of asking tough questions while maintaining a respectful tone. As for his repeated queries about whether Biden would agree to take a cognitive test, I was surprised that Biden didn’t answer that he would if Donald Trump would. But whatever.
Biden’s flat-out denial that he’s behind in the polls and that his approval rating is very low wasn’t great, but that seems to be his approach: dig in, even if it means contradicting reality. It would have been better if he’d said, “Yes, I’m behind, and here’s how I’m going to overcome it.”
And let me join with other commentators who were appalled at his answer to how he’ll feel next January if he loses to Trump: “I’ll feel as long as I gave it my all and I did the goodest job as I know I can do, that’s what this is about.” No. The challenge we are all facing is how to beat authoritarianism. The Democrats need to meet that challenge with their strongest candidate, whether it’s Biden, Vice President Kamala Harris or someone else.
George Stephanopoulos interviews President Biden in 2021. White House photo.
Right now we’re all waiting to see how President Biden does in his interview with George Stephanopoulos. Obviously Biden has to come off as coherent, and even then it’s not going to stop calls for him to step aside in the midst of donor panic and declining poll numbers. The New York Times and The Boston Globe are reporting that Massachusetts Gov. Maura Healey has been telling associates that Biden’s candidacy is “irretrievable.”
Given the terrible position in which we find ourselves, it’s worth asking whether the media should have covered Biden differently over the past few months. My Northeastern University colleague Jill Abramson, a former executive editor of the Times, thinks so, writing a commentary for Semafor that begins:
It’s clear the best news reporters in Washington have failed in the first duty of journalism: to hold power accountable. It is our duty to poke through White House smoke screens and find out the truth. The Biden White House clearly succeeded in a massive cover-up of the degree of the President’s feebleness and his serious physical decline, which may be simply the result of old age. Shame on the White House press corps for not to have pierced the veil of secrecy surrounding the President.
Richard Tofel, a former top executive at The Wall Street Journal and ProPublica, has been reminding us on social media that he’s been calling for greater scrutiny of Biden’s age since last October. Here’s part of what he said back then:
Is Biden speaking more slowly because he’s conscious that his lifelong stutter might now be taken for cognitive frailty, or because he has no choice? Is he walking more cautiously because he knows the political peril of falling, or because he can no longer go any faster? If you think you know the answers to those questions, what is your evidence? I know of very little, either way.
My own sense is that there was actually quite a bit of reporting on Biden’s age even before his disastrous June 27 debate with Donald Trump, but that it was discounted for a variety of reasons. When special counsel Robert Hur called Biden “a sympathetic, well-meaning, elderly man with a poor memory,” that got plenty of coverage. At the same time, though, Hur was arguably engaging in prosecutorial misconduct by adding his own commentary while not bringing charges against Biden — which, in turn, reminded people of then-FBI Director James Comey trashing Hillary Clinton in 2016 over the way she handled her emails even while concluding she had not committed a crime.
The Wall Street Journal published an in-depth story on Biden’s age-related issues in early June, but that was widely dismissed because of the Journal’s reliance on partisan Republican sources, including former House Speaker Kevin McCarthy, who had previously told aides privately that he found the president to be sharp in White House meetings.
The Times itself has spent months obsessing over what voters think about Biden’s age, which in turn brought about accusations of both-sides-ism and false equivalence given that Trump is nearly as old and arguably more addled as well as an insurrectionist and a convicted criminal who’s been found liable for sexual assault.
The national media wasn’t dodging the story: The biggest newspapers in the country published lengthy stories about Biden’s mental fitness. The public wasn’t in the dark about Biden’s age: Most voters (67 percent in a June Gallup poll) thought he was too old to be president even before the debate. But questions about Biden’s fitness for office were not emphasized as much as they should have been.
That’s the third option: The stories should have been tougher, the volume should have been louder.
Then, too, journalists are not unaware of what we’re facing. A second Trump term could amount to nothing less than the end of democracy in this country. Surely there was a sense that as long as Biden wasn’t too impaired, it wasn’t worth the risk of throwing the election into chaos and risking Trump’s return to office — this time as the head of the authoritarian right.
If Biden could somehow make it across the finish line this November, so this thinking went, it would be up to God and Vice President Kamala Harris after that. I definitely count myself among those observers who dismissed concerns about Biden’s age, partly because I thought they were overblown, partly because I feared the consequences of removing Biden from the top of the ticket.
Funny. Just yesterday I was discussing with my students why journalists don’t give money to politicians. Of course, George Stephanopoulos only plays one on TV.
Dylan Byers of Politico reports that Stephanopoulos has donated $50,000 to the Clinton Foundation. He notes:
Stephanopoulos never disclosed this information to viewers, even when interviewing author Peter Schweizer last month about his book “Clinton Cash,” which alleges that donations to the Foundation may have influenced some of Hillary Clinton’s actions as Secretary of State.
So far ABC News says it’s standing behind Stephanopoulos. It’s certainly not a Brian Williams-level transgression, but there’s no question that this is unethical and that he deprived viewers of important information. (And to be clear: Disclosure is necessary but insufficient. He never should have given the money in the first place.)
Will he be able to brazen it out? Probably. The fact that he was donating to a politically wired charity rather than to a political campaign will help. But still.
Not long after Tim Russert’s death, I realized that my aversion to George Stephanopoulos was not nearly as deep-seated as my aversion to David Gregory. So I switched from “Meet the Press” to “This Week” and haven’t looked back. Among other things, “This Week” regular George Will is a great entertainer, and where else other than the New York Times can you get a regular dose of Paul Krugman?
Stephanopoulos, of course, decamped for morning television months ago, never to be seen again — at least not by me. Today, at long last, marked the much-anticipated debut of his permanent replacement, former CNN foreign correspondent Christiane Amanpour. I don’t think the occasion warrants a lot of analysis. But surely a little is in order. A few points.
1. I don’t watch “This Week”; rather, I listen to the podcast. So if there were any changes to the set, I wouldn’t know. For what it’s worth, I thought Amanpour, her guests and her panelists all sounded fine.
2. It was a good first week for Amanpour. She had two major gets, House Speaker Nancy Pelosi and Secretary of Defense Robert Gates. If Amanpour’s questions failed to elicit any major news, neither did she embarrass herself. In any event, with rare exceptions, top government officials are going to say what they’re going to say regardless of what they are asked.
3. Though “This Week” seemed pretty much the same as it always has, Amanpour did shake things up a bit, as Pakistani journalist Ahmed Rashid joined the roundtable from Spain. Over time, I’m hoping that Amanpour turns the entire format upside-down, eschewing political chit-chat for real substance. Perhaps this was one small step in that direction.
4. Jake Tapper deserves kudos for the way he handled “This Week” as a fill-in host the past several months. By taking a few chances (especially by embracing of New York University journalism professor Jay Rosen’s suggestion that he add fact-checking to the show), Tapper demonstrated that there’s still some life left in the old format.
If, for some reason, Amanpour doesn’t work out, or if ABC News decides to use her elsewhere, then Tapper would be a natural — and I think viewers would accept him far more readily than they would have before his stint as a substitute.
My “Beat the Press” colleague Callie Crossley has the best idea for George Stephanopoulos’ replacement on ABC’s “This Week”: Gwen Ifill, who would have been a far better choice to succeed the late Tim Russert on “Meet the Press” than David Gregory — predictably — has proved to be.
But if an Ifill hire isn’t in the works, we might get the next best thing. The Politico’s Mike Allen reports that ABC is negotiating with legendary “Nightline” anchor Ted Koppel, now in busy semi-retirement, to moderate “This Week” three Sundays a month.
Koppel was one of the finest broadcast journalists of his generation — the successor to Murrow and Cronkite to a far greater extent than any of the folks who have anchored the network evening newscasts in the post-Cronkite era. He’s a tough interviewer and would bring unparalleled gravitas to the job. Ducking a question from Ted Koppel is not the same as ducking a question from Jake Tapper, Terry Moran or anyone else.
I do have one reservation. After Russert’s death in 2008, I thought retired anchor Tom Brokaw was an excellent choice to fill the moderator’s slot on an interim basis. Instead, Brokaw seemed cranky, sour and bored.
The Brokaw lesson is that it would be great to have Koppel back — but only if he’s prepared to bring his “A” game.