Book review: Marty Baron has written a plea for journalism that isn’t afraid to tell the truth

Photo (cc) 2017 by Álvaro García Fuentes

For more than eight years, The Washington Post experienced a second golden age. From late 2013, when Amazon founder Jeff Bezos bought the storied paper for $250 million, through the early months of 2021, when Donald Trump left the White House and a new administration began to settle in, the Post was firing on all cylinders. Thanks to Bezos’ strategic investments in technology and an expanded news report, the Post emerged as a real competitor to The New York Times for the first time since the 1970s.

That second golden age also overlapped with Martin Baron’s time as executive editor of the Post. In his new book, “Collision of Power: Trump, Bezos, and The Washington Post,” Baron tells the story of those years, offering a behind-the-scenes look at the end of the legendary Graham era; how Bezos quickly transformed a shrinking, mostly regional newspaper into a national digital media outlet; and the challenge of covering Trump, whom Baron frankly, and repeatedly, calls an “authoritarian.”

I’ve covered Marty Baron off and on for years, back when he was editor of The Boston Globe and I was the media columnist for The Boston Phoenix, and later when I was reporting on the Post for my 2018 book, “The Return of the Moguls: How Jeff Bezos and John Henry Are Remaking Newspapers for the Twenty-First Century.” Baron is both accessible and accountable, but he can also be intimidating and a bit defensive. He deserves his reputation as the best editor of his era, not just at the Times but at the Globe and, before that, the Miami Herald. Continue reading “Book review: Marty Baron has written a plea for journalism that isn’t afraid to tell the truth”

The CJR’s critique of ‘Russia Russia Russia’ coverage is all trees, no forest

Presidents Vladimir Putin and Donald Trump in 2017. Photo via Kremlin.ru.

On Jan. 27, Holman Jenkins Jr., a conservative columnist for The Wall Street Journal’s conservative editorial page, asserted that revelations by special counsel John Durham show that Donald Trump probably owed his 2016 election to a Russian influence campaign. Jenkins was referring to a “presumably fake email exchange” between Debbie Wasserman Schultz, then the head of the Democratic Party, and Leonard Benardo of the Open Society Foundation. Jenkins wrote:

The fictitious email referred to a presumably equally fictitious conversation between the Clinton campaign’s Amanda Renteria and Obama Attorney General Loretta Lynch about making sure the Clinton server investigation didn’t “go too far.” The words found their way into a Russian intelligence document, which found its way to the FBI, becoming the justification for FBI chief James Comey’s chaotic actions in the 2016 election, which likely elected Mr. Trump.

I offer this tidbit by way of a brief comment on Jeff Gerth’s 24,000-word analysis for the Columbia Journalism Review in which he takes the media to task for “Russia Russia Russia,” as Trump would put it. Now, I’m in no position to assess all of Gerth’s claims — he’s mastered the details, and I haven’t. But Jenkins’ column shows that, contrary to Gerth’s assertions, the Russia investigation was grounded firmly in reality and that new revelations continue to emerge.

Much of Gerth’s coverage focuses on his former employer, The New York Times. Gerth writes:

Outside of the Times’ own bubble, the damage to the credibility of the Times and its peers persists, three years on, and is likely to take on new energy as the nation faces yet another election season animated by antagonism toward the press. At its root was an undeclared war between an entrenched media, and a new kind of disruptive presidency, with its own hyperbolic version of the truth. (The Washington Post has tracked thousands of Trump’s false or misleading statements.) At times, Trump seemed almost to be toying with the press, offering spontaneous answers to questions about Russia that seemed to point to darker narratives. When those storylines were authoritatively undercut, the follow-ups were downplayed or ignored.

In fact, Gerth offers pretty convincing evidence that the Times engaged in some sloppy reporting. And yet, what I keep coming back to is this paragraph, in which then-Washington Post executive editor Marty Baron defended the press’ performance (or at least the Post’s performance) in a way that perfectly encapsulates what we all saw being reported in real time:

Baron declined to be interviewed but, in an email to me, defended the Post’s coverage, writing that “the evidence showed that Russia intervened in the election, that the Trump campaign was aware of it, welcomed it and never alerted law enforcement or intelligence agencies to it. And reporting showed that Trump sought to impede the investigation into it.”

What about Baron’s statement is wrong? No, botched facts can’t be condoned, and, as I said, Gerth seems to have found plenty of them. But the overall arc of the narrative as described by Baron is exactly what we all saw.

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David Corn, whose reporting for Mother Jones has been a lodestar for anyone following the Trump-Russia connections, wrote an analysis headlined “Columbia Journalism Review’s Big Fail: It Published 24,000 Words on Russiagate and Missed the Point.” Corn, whose mastery of the details matches Gerth’s, accuses Gerth of “misdirection,” writing:

Gerth finds plenty of ammo for his assault on the media. But here’s where he goes wrong: He misrepresents the scandal that is the subject of the media coverage he is scrutinizing. He defines the Trump-Russia affair by only two elements of the tale: the question of Trump collusion with Moscow and the unconfirmed Steele dossier. This is exactly how Trump and his lieutenants want the scandal to be perceived. From the start, Trump has proclaimed “no collusion,” setting that as the bar for judging him. That is, no evidence of criminal collusion, and he’s scot-free. And he and his defenders have fixated on the Steele dossier—often falsely claiming it triggered the FBI’s investigation—to portray Trump as the victim of untrue allegations and “fake news.” Gerth essentially accepts these terms of the debate.

Corn adds: “Trump may have been the victim of occasionally errant reporting. But he was no victim of a hoax or an off-the-rails media witch hunt. He helped an adversary sabotage an American election.”

Once in office, Trump was impeached twice. The first time was for threatening to withhold weapons from Ukraine unless President Volodymyr Zelenskyy would announce that his government was investigating Hunter Biden. One of Trump’s campaign managers, Paul Manafort, you may recall, was involved in supporting the previous Russian-backed regime, which had been overthrown by pro-democracy activists several years earlier. You have to wonder what U.S. policy in Ukraine’s war of self-defense against Russia would be today if Trump had defeated Joe Biden in 2020.

Gerth has shown that the press, and especially the Times, was not as careful as it should have been in reporting on Russia Russia Russia. And yes, details matter. But the notion that Trump was a victim of bad reporting with regard to Russia is just nonsense. In the end, Gerth has produced a report that’s all trees, no forest.

WSJ columnist: Russian interference got Trump elected in 2016

Well, well, well. Someone needs to translate this into English, but I think that Holman Jenkins — a hard-right columnist for The Wall Street Journal — is saying that the Russians got Donald Trump elected in 2016. Here’s a free link. Jenkins’ main purpose is to rip the FBI for inserting itself into the electoral process, but this tumbled out in the process:

The fictitious email [between Debbie Wassserman Schultz, then head of the Democratic National Committee and Leonard Benardo of the Open Society Foundation] referred to a presumably equally fictitious conversation between the Clinton campaign’s Amanda Renteria and Obama Attorney General Loretta Lynch about making sure the Clinton server investigation didn’t “go too far.” The words found their way into a Russian intelligence document, which found its way to the FBI, becoming the justification for FBI chief James Comey’s chaotic actions in the 2016 election, which likely elected Mr. Trump.

The Friday reading list

On this Friday morning, I’ve got three stories that I think are worth sharing with you. This is not the debut of a regular feature, but from time to time I run across good journalism that I want to put out there without much in the way of commentary. That’s what we used to use Twitter for, right?

The Washington Post isn’t going to be fixed anytime soon. Those of us who follow the trials and tribulations of The Washington Post have assumed that longtime publisher Fred Ryan had at least one foot on the proverbial banana peel. But according to Clare Malone, writing in The New Yorker, Ryan has emerged as more powerful than ever since the retirement of Marty Baron as executive editor. He seems to have no fresh ideas for reversing the Post’s declining fortunes, but Bezos apparently likes him. It doesn’t sound like Baron’s successor, Sally Buzbee, shares Bezos’ affection for Ryan, but she lacks the clout that the legendary Baron had.

Questions about the police killing of Tyre Nichols. MLK50: Justice Through Journalism is among the projects that Ellen Clegg and I are writing about in “What Works in Community News,” our book-in-progress. The website, based in Memphis, focuses on social justice issues. In a list of questions that need to be answered about Nichols’ death, this one stands out: “Since 2015, Memphis police have killed at least 15 people. How many people would need to die at the police’s hands before city leaders concede that the latest incident isn’t an indictment of a few bad apples, but reflects an institution that requires immediate overhaul?”

The Durham investigation was as corrupt it appeared. New York Times reporters Charlie Savage, Adam Goldman and Katie Benner go deep (free link) into Bill Barr and John Durham’s years-long effort to discredit the investigation into the Trump campaign’s ties to Russia and to somehow drag Hillary Clinton into it. The best quote is from Robert Luskin, a lawyer who represented two witnesses Durham interviewed: ““When did these guys drink the Kool-Aid, and who served it to them?”

Say it again: Bad data, not bad reporting, is what led to media failures in 2016

Photo (cc) 2005 by stu_spivack

This drives me crazy. In a New York Times review of Katy Tur’s new memoir, “Rough Draft,” Joanna Coles writes about Tur’s coverage of the 2016 presidential campaign:

Tur, then in her early 30s, spent 510 exhausting days on the road for NBC News pursuing Trump and quickly realized — contrary to the opinion of her newsroom and the assumptions of the mainstream media — that he absolutely could win.

I’m sorry, but the idea that the media failed because they were hermetically sealed in their blue bicoastal bubbles — and that intrepid reporters like Tur were more in touch with what was happening — is perniciously wrong. It’s a myth that’s led to hundreds if not thousands of stories about Donald Trump voters in diners (do yourself a favor and read this), grounded in the false belief that if only journalists had been listening to working-class white voters in swing states they wouldn’t have been quite so secure in their belief that Hillary Clinton was going to win.

In fact, those predictions that Clinton would easily beat Trump were based not on smug assumptions or a lack of reporting. They were based on data. Poll after poll, conducted by smart, experienced pollsters, showed that Trump had no chance. The polls were off, but not by as much as we think. After all, Clinton did win the popular vote by nearly 3 million. In percentage terms, Trump (46.1%) didn’t even do as well as Mitt Romney (47.2%) four years earlier. It’s just that Clinton piled up her margin in the wrong states, allowing Trump to eke out a tiny Electoral College victory. It’s a problem that’s only going to get worse unless we make some long-overdue changes to the Constitution, as I wrote recently.

My point is not to relitigate the 2016 election. Rather, it’s to remind us of why the media got it wrong. This is a big country. For every enthusiastic Trump rally, there were others with scores of empty seats. For every flat Clinton appearance, there were those where she and the crowd were energized. Anecdotal evidence, no matter how much of it you accumulate, is of limited value. The media didn’t blow it because they weren’t listening to Trumpers. They blew it because they believed the data. Ask yourself this: If those Nate Silver-style projections showed Trump, rather than Clinton, with a 70% chance of victory, do you think the press would have ignored that? Of course not.

Then again, why is media failure defined by getting predictions wrong? Democracy would have been better served if the press had spent more time simply covering the campaign and less time trying to figure out who was going to win.

By the way, Tur sounds like a pretty amazing person as well as a fine reporter.

There’s nothing hypocritical about calling out the tyranny of the minority

Benjamin Harrison. Photo (cc) 1998 by Monroedb1. Painting by T.C. Steele.

I recently sketched out some ideas for how the Constitution could be rewritten in order to get ourselves out of a dilemma that’s become a crisis — rule by a shrinking minority of voters, grounded in the reality that our smallest states have disproportionate power in the Electoral College and the Senate.

The most immediate result is that we now have a Supreme Court with three members who were chosen by a president who lost the popular vote and confirmed by Republican senators who represented far fewer Americans than the Democrats who voted against them. If that’s not a crisis of legitimacy, I don’t know what is.

After I wrote that post, the feedback I got on Twitter was partly favorable, partly unfavorable. I think the most substantive criticism is that I’m being hypocritical — that I wouldn’t care if the situation were reversed. I’ll plead guilty to one small part of that argument: I’m thinking that the time may have come to trim the Supreme Court’s immense powers, and that’s something that didn’t bother me when it was issuing landmark decisions on reproductive rights and same-sex marriage. (Then again, more rights shouldn’t be controversial since no one is being forced to avail themselves of those rights.)

But for the larger point I was trying to make? No, no hypocrisy. And that’s because the situation we find ourselves in is unprecedented, at least not since the Gilded Age. I recall sitting in the green room a few weeks before Election Day in 2000, waiting to go on “Beat the Press,” when one of the other panelists, Tom Fiedler, started talking about the possibility that the popular-vote winner might lose in the Electoral College. Impossible, I replied. These things have a way of working themselves out. After all, it had been 112 years since Benjamin Harrison, a Republican, had been installed as president despite losing the popular vote to Democrat Grover Cleveland. It wasn’t going to happen again.

Well, we all know how the 2000 election unfolded. George W. Bush became  president thanks to the Electoral College, even though Al Gore won the popular vote. But that seemed like an outlier, and we were all far more riveted by the shenanigans in Florida than we were by the undemocratic nature of Bush’s victory. The belief that Bush stole Florida overshadowed the Electoral College issue.

What drove the Electoral College to the forefront, of course, was the 2016 election, which Hillary Clinton won by nearly 3 million votes. Thanks to the way the vote broke down geographically, Donald Trump won the Electoral College. In 2020, Joe Biden won by 7 million votes — a landslide by modern standards — yet still came uncomfortably close to losing in the Electoral College. It’s not at all inconceivable that the next Republican to win the Electoral College will also lose the popular vote by 8 million to 10 million people.

The Senate is, if anything, even less democratic. Tiny Wyoming (581,000 residents) gets two senators, who are virtually guaranteed of being Republican. California’s 39 million residents are also represented by just two senators, both Democrats. Yet at least in the post-New Deal era, the situation in the Senate was muddled enough that such geographic inequities didn’t really come into play. The Senate was Democratic for virtually all of that time, but the racist Southern Democrats really made the Senate a three-party body. Northern Democrats often worked with liberal and moderate Republicans (yes, there really were some). Coalition-building was possible. The filibuster was rarely used.

In today’s New York Times, Jamelle Bouie, whose writings on the Constitution and the state of democracy are indispensable, has this to say:

As for the constitutional crisis, it is arguably already here. Both the insurrection and the partisan lawmaking of the Supreme Court have thrown those counter-majoritarian features of the American system into sharp relief. They’ve raised hard questions about the strength and legitimacy of institutions that allow minority rule — and allow it to endure. It is a crisis when the fundamental rights of hundreds of millions of Americans are functionally overturned by an unelected tribunal whose pivotal members owe their seats to a president who won office through the mechanism of the Electoral College, having lost the majority of voters in both of his election campaigns.

Our current system favors geography over people and the interests of the minority over those of the majority. This has nothing to do with minority rights. A properly functioning liberal democracy is ruled by the majority with certain rights guaranteed so that government doesn’t deteriorate into a tyranny of the majority. Like, you know, not being forced to quarter troops in your home in peacetime. Or the right to a speedy and public trial. Or the right to exercise control over your own body, or marry the partner of your choosing.

I truly believe that when something can’t go on forever, then it won’t. At some point, the majority is going to rise up and demand change. Imagine what would happen if the next Republican presidential candidate loses the popular vote by 10 million yet wins the Electoral College with the help of dirty tricks in a few Republican states — dirty tricks that are being enshrined into law even as we speak. You can say that Democratic leaders won’t do anything, or won’t do enough. But you know what? It’s going to be taken out of their hands.

I wish you all a great Independence Day — and I look forward to a day when we can all reclaim our independence.

How a super-empowered minority and our outmoded Constitution upended Roe

The U.S. Supreme Court’s decision to overturn Roe v. Wade is so huge and terrible that it’s difficult to get our arms around it. So let me just look at a small chunk of it — the deeply undemocratic nature of our electoral system. You can find various polls with differently worded questions, but, in general, the public was firmly in favor of retaining Roe before Thursday’s decision. So how did we get here?

I’ve written about this before, but it’s worth repeating. A healthy modern democracy is based on the will of the majority, with protections in place for the minority. That’s why we have the Bill of Rights. Unfortunately, we now have a situation where a minority of voters is so super-empowered that how the majority votes almost doesn’t matter. Consider:

  • Donald Trump’s three Supreme Court justices — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — were nominated by a president who lost the popular vote in 2016 by nearly 3 million votes. That’s a significant margin. But because the Electoral College favors small states, which are mostly Republican, Trump was able to defeat Hillary Clinton.
  • Those three justices were confirmed by a Republican Senate that represented far fewer Americans than the Democratic senators did. In the current 50-50 Senate, Democrats represent nearly 42 million more people than Republicans. That’s because each state gets two senators, regardless of population.
  • The skew is only getting worse as liberals move to more urban areas. Indeed, you can expect that one of the effects of the Roe decision is that young people will flock to urban areas in blue states — thus empowering small-state Republicans even more.

If something can’t go on forever, then it won’t. More than half the country isn’t going to put up with being permanently disempowered. I don’t know how we get from here to there, and make the changes we need to our outmoded 18th-century Constitution, but I’m confident that we will. Change looks impossible — then, suddenly, everything changes all at once.

Why ‘both sides’ journalism fails in the face of the rising threat to our democracy

Previously published at GBH News.

One president lied about COVID-19 (the country’s and his own), embraced white supremacists and tried to overturn the results of an election that he lost. Another president has hit a few bumps in the road as he attempts to persuade Congress to pass his agenda. Can you guess which one received more negative news coverage?

If you guessed President Joe Biden, then come on down. According to an analysis of 65 news websites, Biden’s treatment by the media was as harsh or harsher from August through November of this year than then-President Donald Trump’s was during the same four-month period in 2020.

On one level, it’s inconceivable. On another, though, it’s all too predictable. Large swaths of the media simply cannot or will not move beyond both-sides journalism, equating the frustratingly hapless Democrats with a Republican Party that has embraced authoritarianism and voter suppression.

“My colleagues in the media are serving as accessories to the murder of democracy,” wrote Washington Post columnist Dana Milbank, who ordered up the study. He concluded: “Too many journalists are caught in a mindless neutrality between democracy and its saboteurs, between fact and fiction. It’s time to take a stand.”

As I’ve written before, and as many others have said, we’re in the midst of a crisis of democracy. The Republican Party, already disproportionately empowered because of the Constitution’s small-state bias and the Senate filibuster (the latter, of course, could be abolished tomorrow), is working to strengthen its advantage through partisan gerrymandering and the passage of voter-suppression laws. The result could be white minority rule for years to come.

The situation has deteriorated to the point that the European think tank International IDEA now regards the United States as a “backsliding democracy.” To quote from IDEA’s report directly, “the United States, the bastion of global democracy, fell victim to authoritarian tendencies itself, and was knocked down a significant number of steps on the democratic scale.”

And the media remain wedded to their old tropes, covering political campaigns as though they were horse races and treating the two major parties as equally legitimate players with different views.

It’s a topic that was discussed at length recently on Ezra Klein’s New York Times podcast by New York University journalism professor Jay Rosen and guest host Nicole Hemmer, a scholar who studies right-wing media. Their conversation defies easy summary (the whole episode can be found here), but essentially, Rosen argued that the political press falls back on its old habits because breaking out of them is just too difficult.

“The horse race absorbs a lot of abuse from people like me,” he said. “But it can take that abuse, because it is such a problem-solver. It checks so many other boxes that even when people know it’s kind of bankrupt, it stays on.” As an alternative, Rosen proposes coverage based on a “citizens agenda,” which he has written about at his blog, PressThink. But he admitted to Hemmer that we may lose our democracy before his ideas are adopted by more than a fraction of journalists.

What I find especially frustrating is that the media have not been ignoring the Republican threat to our democracy. Far from it. As just one small example, the Times on Sunday published a front-page story by Nick Corasaniti on a multitude of actions being taken at the state level to suppress the vote and put Trump loyalists in charge of the election machinery.

“Democrats and voting rights groups say some of the Republican measures will suppress voting, especially by people of color,” Corasaniti wrote. “They warn that other bills will increase the influence of politicians and other partisans in what had been relatively routine election administration. Some measures, they argue, raise the prospect of elections being thrown into chaos or even overturned.”

So why am I frustrated? Because this sort of valuable enterprise reporting is walled off from day-to-day political coverage. We are routinely served up stories about the congressional Republican leaders, Rep. Kevin McCarthy and Sen. Mitch McConnell, going about their business as though they were latter-day versions of the late Bob Dole, sharply partisan but ultimately dedicated to the business of seeking compromise and governing. In fact, whether through cowardice or conviction, they are enabling our slide into authoritarianism by undermining the investigation into the Jan. 6 insurrection as well as by failing to call out Trump and the excesses of their worst members.

Earlier this year, Washington Post columnist Margaret Sullivan endorsed the idea of a “democracy beat,” which would look closely at attempts to subvert voting rights. Sullivan would go further than that, too. “The democracy beat shouldn’t be some kind of specialized innovation,” she wrote, “but a widespread rethinking across the mainstream media,” permeating every aspect of political and governmental coverage.

If Trump runs again, he may very well end up being installed as president even if he loses both the popular vote and the Electoral College. Who would stop him? In the aftermath of the 2020 election, there were still enough Republican state and local officials with integrity who refused to go along with Trump’s demands that they overturn the results. That is not likely to be the case in 2024. As Barton Gellman wrote in a new Atlantic cover story, “The prospect of this democratic collapse is not remote. People with the motive to make it happen are manufacturing the means. Given the opportunity, they will act. They are acting already.”

Meanwhile, the media go about covering President Biden and his travails as though our politics hadn’t changed over the past 40 years. Of course Biden needs to be held accountable. The ugly withdrawal from Afghanistan, confusing White House messaging about COVID and his inability to bring Sens. Joe Manchin and Kyrsten Sinema to heel are all worthy of tough coverage. (But not inflation because, please, don’t be stupid.) But it needs to be done in a way that we don’t lose sight of the big picture. And the big picture is that we are in real danger of losing our country.

As the Dartmouth political scientist Brendan Nyhan put it on Twitter, “The problem is the media failing to distinguish threats to democracy from normal negative coverage (an important form of democratic accountability!).”

Five years ago Thomas Patterson of the Harvard Kennedy School issued a report showing that coverage of Trump and Hillary Clinton during the 2016 general-election campaign had been equally negative — a finding that he found disturbing. Patterson 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.”

Well, here we go again. Next time, though, it’s the future of democracy that is likely to be at stake.

The Wall Street Journal exposes Facebook’s lies about content moderation

Comet Ping Pong. Photo (cc) 2016 by DOCLVHUGO.

What could shock us about Facebook at this point? That Mark Zuckerberg and Sheryl Sandberg are getting ready to shut it down and donate all of their wealth because of their anguish over how toxic the platform has become?

No, we all know there is no bottom to Facebook. So Jeff Horwitz’s investigative report in The Wall Street Journal on Monday — revealing the extent to which celebrities and politicians are allowed to break rules the rest of us must follow — was more confirmatory than revelatory.

That’s not to say it lacks value. Seeing it all laid out in internal company documents is pretty stunning, even if the information isn’t especially surprising.

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The story involves a program called XCheck, under which VIP users are given special treatment. Incredibly, there are 5.8 million people who fall into this category, so I guess you could say they’re not all that special. Horwitz explains: “Some users are ‘whitelisted’ — rendered immune from enforcement actions — while others are allowed to post rule-violating material pending Facebook employee reviews that often never come.”

And here’s the killer paragraph, quoting a 2019 internal review:

“We are not actually doing what we say we do publicly,” said the confidential review. It called the company’s actions “a breach of trust” and added: “Unlike the rest of our community, these people can violate our standards without any consequences.”

Among other things, the story reveals that Facebook has lied to the Oversight Board it set up to review its content-moderation decisions — news that should prompt the entire board to resign.

Perhaps the worst abuse documented by Horwitz involves the Brazilian soccer star Neymar:

After a woman accused Neymar of rape in 2019, he posted Facebook and Instagram videos defending himself — and showing viewers his WhatsApp correspondence with his accuser, which included her name and nude photos of her. He accused the woman of extorting him.

Facebook’s standard procedure for handling the posting of “nonconsensual intimate imagery” is simple: Delete it. But Neymar was protected by XCheck.

For more than a day, the system blocked Facebook’s moderators from removing the video. An internal review of the incident found that 56 million Facebook and Instagram users saw what Facebook described in a separate document as “revenge porn,” exposing the woman to what an employee referred to in the review as abuse from other users.

“This included the video being reposted more than 6,000 times, bullying and harassment about her character,” the review found.

As good a story as this is, there’s a weird instance of both-sides-ism near the top. Horwitz writes: “Whitelisted accounts shared inflammatory claims that Facebook’s fact checkers deemed false, including that vaccines are deadly, that Hillary Clinton had covered up ‘pedophile rings,’ and that then-President Donald Trump had called all refugees seeking asylum ‘animals,’ according to the documents.”

The pedophile claim, of course, is better known as Pizzagate, the ur-conspiracy theory promulgated by QAnon, which led to an infamous shooting incident at the Comet Ping Pong pizza restaurant in Washington in 2016. Trump, on the other hand, had this to say in 2018, according to USA Today: “We have people coming into the country or trying to come in, we’re stopping a lot of them, but we’re taking people out of the country. You wouldn’t believe how bad these people are. These aren’t people. These are animals.”

Apparently the claim about Trump was rated as false because he appeared to be referring specifically to gang members, not to “all” refugees. But that “all” is doing a lot of work.

The Journal series continues today with a look at how Instagram is having a damaging effect on the self-esteem of teenage girls — and that Facebook, which owns the service, knows about it and isn’t doing anything.

The Supreme Court’s vote to uphold the Texas abortion law is an affront to democracy

Photo (cc) 2006 by OZinOH

In analyzing the U.S. Supreme Court’s 5-4 vote not to overturn Texas’ drastic new abortion restrictions, a number of commentators have focused on the role played by the three justices nominated by Donald Trump — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

All three, needless to say, are wildly controversial. Gorsuch was chosen after then-Senate majority leader Mitch McConnell refused even to take up Barack Obama’s nomination of Merrick Garland, who’s now attorney general. Kavanaugh was confirmed despite serious and credible allegations of sexual assault. Barrett was rushed through before the 2020 election following the death of Ruth Bader Ginsburg.

But there is a more systemic problem, and that’s the failure of democracy that made last’s week’s decision possible. Trump, as we all know, lost the popular vote to Hillary Clinton in 2016 by about 3 million votes. He won only because the Electoral College, a relic of slavery, provides small rural states with disproportionate power. Yet he got to appoint one-third of the current court.

Moreover, all three of Trump’s justices were confirmed by a Senate controlled by the Republicans even though they represented fewer people than the Democrats. Gorsuch and Kavanaugh were confirmed during the first two years of Trump’s term, when the Democratic senators represented 56% of the population nationwide compared to the Republican share of 44%. That margin had narrowed slightly by the time Barrett was confirmed, but 53% of the population was still represented by Democratic senators compared to 47% by Republicans. (See my analysis.)

The other two justices who voted to uphold the Texas law were Clarence Thomas, appointed by George H.W. Bush, who was a majority president, and Samuel Alito, appointed by George W. Bush during his second term, which he won by a majority after losing the popular vote the first time around. But that’s just two votes. If Obama and Clinton had named three justices instead of Trump, it’s easy to imagine that the Texas law would have been suspended by a 7-2 vote. It’s just as easy to imagine that the Texas legislature wouldn’t have passed such a perverse and draconian law in the first place.

This is not democracy. Nor is it republicanism, since a properly designed republic is supposed to represent a majority of the electorate by proxy. It’s fair to ask how long this can go on before the majority stands up and demands an end to government by the minority.