Antitrust legal actions against Google and Facebook spread to 200-plus newspapers

Some 200 newspapers are engaged in legal actions claiming that Google and Facebook exercise Godzilla-like dominance of digital advertising. Photo (cc) 2009 by Dr Zito.

A lawsuit filed by newspapers against Google and Facebook that claims the two tech giants violated antitrust laws is gaining momentum. Sara Fischer and Kristal Dixon of Axios report that more than 200 papers across the country have joined the effort, which is aimed at forcing Google and Facebook to compensate them for what they say are monopolistic practices that denied them advertising revenue.

I don’t see any New England newspapers on this list. But the papers that are involved in the lawsuits in some way represent about 30 different owners in dozens of states, according to Fischer and Dixon. About 150 papers owned by 17 different groups have actually filed suit so far.

What’s interesting about this is that it has nothing to do with the usual complaint about Google and Facebook — that they repurpose journalism from newspapers, and that the newspapers ought to be compensated. By contrast, the current lawsuits are aimed at practices that the plaintiffs claim are clearly illegal.

The Axios story doesn’t get into the weeds. But I did earlier this year shortly after the first lawsuit was filed by HD Media, a small chain based in West Virginia. Essentially, the argument is twofold:

  • Google is violating antitrust law by controlling every aspect of digital advertising. Paul Farrell, a lawyer for HD Media, put it this way in an interview with the trade magazine Editor & Publisher: “They have completely monetized and commercialized their search engine, and what they’ve also done is create an advertising marketplace in which they represent and profit from the buyers and the sellers, while also owning the exchange.”
  • Facebook is complicit because, according to a lawsuit filed by several state attorneys general, Google and Facebook are colluding through an agreement that Google has code-named Jedi Blue. The AGs contend that Google provides Facebook with special considerations so that Facebook won’t set up a competing ad network.

The two companies have denied any wrongdoing. But if the case against them is correct, then Google is profiting from a perfect closed environment: It holds a near-monopoly on search and the programmatic advertising system through which most ads show up on news websites. And it has an agreement with Facebook aimed at staving off competition.

“The intellectual framework for this developed over the last three to four years,”  Doug Reynolds, managing partner of HD Media, told Axios.

The lawsuit also comes at a time when the federal government is beginning to rethink antitrust law. A generation ago, a philosophy developed by Robert Bork — yes, that Robert Bork, and yes, everything really does go back to Richard Nixon — held that there can be no antitrust violations unless consumers are harmed in the form of higher prices.

President Joe Biden’s administration, by contrast, has been embracing a more progressive, older form of antitrust law holding that monopolies can be punished or even broken up if they “undermine economic fairness and American democracy,” as The New Yorker put it.

The newspapers’ lawsuit against Google and Facebook is grounded in the Biden version of antitrust — Google and Facebook are charged with leveraging their monopoly to harm newspapers economically while at the same time hurting democracy, which depends on reliable journalism.

Become a member of Media Nation for just $5 a month.

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.

An incoherent look at Biden’s popularity

President Biden. Photo (cc) 2020 by Gage Skidmore.

Is President Biden historically unpopular? Or is he simply experiencing a drop-off that’s similar to what many of his predecessors have gone through?

Nate Cohn of The New York Times tries his hand at analyzing Biden’s popularity — and I don’t know what he’s saying. Consider this:

The president’s approval ratings have sunk into the low-to-mid 40s, putting him into rather lonely historical company. In the era of modern polling, only Donald J. Trump had a lower approval rating at this early stage of his term.

Whoa! That’s not good. But then there’s this:

Many presidents have won re-election after watching their ratings fall to similar depths during their first two years in office.

And this:

Ronald Reagan, Harry Truman, Bill Clinton and Barack Obama all saw their ratings sink as low as Mr. Biden’s are today, before ultimately recovering to win re-election.

Cohn is a numbers guy, and I regard him as one of the more reliable journalists at the Times. But this is just incoherent.

Why our crisis of democracy is suddenly having its moment in the media spotlight

“Storm the Capitol” event at the governor’s residence in St. Paul, Minn., on Jan. 6. Photo (cc) 2021 by Chad Davis.

Previously published at GBH News.

All of a sudden, our crisis of democracy has moved to center stage. Building since 2016, when Donald Trump refused to say whether he’d accept the results of the election if he lost, and boiling since the Jan. 6 insurrection, the rising specter of authoritarian rule is now a lead story in much of our media.

From The Washington Post to Politico, from The Philadelphia Inquirer to The Boston Globe, from CNN to public radio’s “On the Media,” the conversation for the past week has revolved around the likelihood that Trump will run for president in 2024 — and the very real possibility that Republican functionaries at the state level and in Congress will reinstall him in the White House regardless of how the election actually turns out.

Perhaps the most chilling assessment was offered in the Post by Robert Kagan, a “Never Trump” conservative who began his must-read 5,800-word essay like this: “The United States is heading into its greatest political and constitutional crisis since the Civil War, with a reasonable chance over the next three to four years of incidents of mass violence, a breakdown of federal authority, and the division of the country into warring red and blue enclaves.”

Appearing on CNN’s “Reliable Sources,” Yale historian Timothy Snyder, the author of the 2017 book “On Tyranny,” said it was long past time for the press to cover Trump and Trumpism as an existential threat to democracy.

“If we’re not prepared for the attempt for people to take power undemocratically in 2024, then we’re just at this point pathetically naive,” he said. “Preparing for that and getting the facts out so that people can prepare for that and prevent it is what … journalism should be doing.”

Kagan, Snyder and others are right to be alarmed. But what accounts for this moment of media synchronicity? Why have they suddenly gone DEFCON 1 after months and years of covering the Trump movement all too often as a bunch of economically anxious white men in Ohio diners? I think there are three precipitating factors.

• First, Bob Woodward and Robert Costa’s new book, “Peril,” makes it clear that Trump was actively involved in trying to overturn the election in ways that we didn’t quite understand previously. Perhaps the most bizarre and disturbing of their findings is that a discredited lawyer, John Eastman, concocted a scheme for Vice President Mike Pence to overturn the results of the election. If Pence had wavered, who knows what might have happened?

• Second, the results of the fraudulent Arizona “audit” actually gave President Joe Biden a bigger lead over Trump than he had previously — and it didn’t make a bit of difference. As Will Bunch of The Philadelphia Inquirer observed, copycat attempts are now under way in Texas and Pennsylvania. It’s now obvious, if it wasn’t before (actually, it was), that the purpose of these ridiculous exercises is not to prove that Trump won but to keep his supporters stirred up and angry.

• Third, University of California Irvine law professor Rick Hasen, who’s been ringing the democracy alarm for years, recently published a paper and helped run a conference that generated widespread attention. That, in turn, led to an interview with Hasen by Politico Magazine and an appearance on “On the Media.”

Hasen bluntly described the threat in his interview with Politico, saying that the widespread, false belief among Republicans that the 2020 election was stolen could lead them to steal the 2024 election.

“The rhetoric is so overheated that I think it provides the basis for millions of people to accept an actual stolen election as payback for the falsely claimed earlier ‘stolen’ election,” Hasen said. “People are going to be more willing to cheat if they think they’ve been cheated out of their just desserts. And if [you believe] Trump really won, then you might take whatever steps are necessary to assure that he is not cheated the next time — even if that means cheating yourself. That’s really the new danger that this wave of voter fraud claims presents.”

Politico media critic Jack Shafer, trying to be his usual contrarian self, argued that Trump’s increasingly unhinged behavior and Republican attempts to rig the 2024 election through voter suppression and outright theft by state legislatures they control is actually a sign of weakness, not of strength.

“By signaling an attempt to regain power by any means necessary,” Shafer wrote, “Trump essentially confesses that Trumpism is not and is not likely to become a majoritarian movement.” He added that a fraudulent Trump victory would essentially amount to a coup, which “would only inspire a counter-coup by the majority, and maybe a counter-counter coup, and a counter-counter-counter coup. Trump is crazy enough to invite this fight, and narcissistic enough not to care what it does to the country. But is he shrewd enough to win it?”

Shafer is right that a Trump coup would lead to outrage on the part of the majority. But what would that look like? It could get incredibly ugly, as Kagan warned. The best way to deal with the Republicans’ assault on democracy is to make sure it fails. Sadly, the Democrat-controlled Congress can’t do much about it unless they abolish the filibuster, regardless of how Harvard Law School professor Laurence Tribe and his colleagues, writing in The Boston Globe, might wish otherwise. And Sens. Joe Manchin and Kyrsten Sinema show no signs of yielding.

So what can and should the media do? Their current focus on the overriding crisis of our time is welcome and long overdue. From the false balance of focusing on lesser stories like Democratic bickering over the infrastructure bills to the situation at the border, the media have demonstrated a maddening impulse to return to business as usual following the chaos of the Trump years.

At the same time, though, the press’ influence is limited. Roughly speaking, 60% of the country is appalled by Trump and 40% is in thrall to him. But thanks to inequities in the Electoral College and the Senate, gerrymandering in the House and increasingly aggressive attempts to disenfranchise Democratic-leaning voters, the 40% may well succeed in shoving aside the 60%.

The press needs to tell that story, fearlessly and fairly. But let’s not kid ourselves. It’s not going to penetrate Fox News, Breitbart or Facebook. In the end, there may be little that journalism can do to stop our slide into autocracy.

This week’s members newsletter: The wayward Times, Otis Redding and more

Otis Redding. Photo in the public domain.

Tomorrow’s Media Nation members newsletter includes some thoughts on The New York Times’ appalling story about Joe Biden’s grief, a round-up of the week’s posts, a Celtics-friendly photo and some music from the great Otis Redding. To become a member for just $5 a month, please click here.

What the media are getting wrong about Biden and Afghanistan

Photo (cc) 2011 by the U.S. Army

Previously published at GBH News.

The United States’ 20-year war in Afghanistan has finally come to its painful conclusion. “America’s Longest War Ends as Last Troops Leave Afghanistan” proclaimed The New York Times home page Monday evening.

There is, however, one dimension to the conflict that is still being fought — the role of the media in reporting on President Joe Biden’s management, or mismanagement, of the final chaotic and deadly weeks. Surely, many journalists said, Biden could have ensured a more dignified exit than a mad crush at Hamid Karzai International Airport, with desperate Afghans plunging to their deaths from transport planes, culminating in last week’s terrorist attack.

Increasingly, though, others have been making the case that, once Biden decided to end American involvement in Afghanistan once and for all, there was no alternative to the monumental ugliness that played out on our TV screens.

“Biden does not deserve the cheap shots that critics have taken at him when they postulate that his administration screwed up what would otherwise have been an orderly withdrawal,” writes Daniel McCarthy, a vociferous Biden critic and a conservative, in The Spectator World. “Even if the withdrawal had been much better executed, as indeed it should have been, it would still have been a disgusting spectacle, a ripe occasion for media posturing and partisan sniping.”

The end — or a least a temporary pause — of the liberal-leaning mainstream media’s honeymoon with Biden can be traced to systemic flaws in the way that the press covers Washington. Three of those flaws have been on vivid display in recent weeks.

• First, there is the media’s primordial need for balance — for treating Democrats and Republicans as if they are both legitimate actors even though the Democrats, for all their flaws, continue to act as a normal political party while the Republicans have descended into authoritarianism and lies. The media cling to both-sides-ism despite four years of a raging sociopath in the White House, an attempted insurrection by his supporters, and dangerous denialism about COVID-19.

Thus, after five years of harshly negative coverage of Donald Trump (negative coverage that he richly deserved), you can almost hear the press breathe a collective sigh of relief that it can finally go after Biden and even up the score.

Here’s a data point that shows how ingrained this is. Last Friday, Amna Nawaz, filling in as anchor of the “PBS NewsHour,” noted in a conversation with political analysts Jonathan Capehart and David Brooks that a number of Republicans have criticized Biden over his handling of the war.

“It really does run the spectrum of Republicans,” she said. “You have everyone from Sen. Ben Sasse, to Sen. Ted Cruz, Congresswoman Liz Cheney, Rep. Marjorie Taylor Greene and, of course, President Trump.”

Marjorie Taylor Greene? The QAnon-adjacent conspiracy theorist from Georgia who continues to defend the insurrectionists? Well, she’s a duly elected member of Congress, and according to the both-sides formula, she needs to be normalized. It’s crazy, but that’s the way the game is played. Too bad it’s not a game.

• Second, maybe it really is a game. Because, in too many cases, the Washington press corps glides past the substance of an issue and wallows in the political implications. Partly it’s because politics is what they know and are most comfortable with. Partly it’s a way to avoid taking sides by focusing instead on who’s winning and who’s losing.

The caricature version of this type of pundit is political analyst Chris Cillizza of CNN. Last week, several days before the terrorist attack, Cillizza wrote a piece that dwelled entirely on the political ramifications of Biden’s decision to leave Afghanistan, reveling in polling numbers and in what New York University journalism professor Jay Rosen derides as the “savvy” style of political journalism.

“Biden’s bet,” Cillizza writes, “is that while Afghanistan is top-of-mind for most voters right now, it will fade as a priority — as foreign policy often does — when it is no longer the lead story in the news every day. That if Americans get out safely, that the public will lose interest in what’s happening in a faraway country and return to domestic issues like the state of the economy and our ongoing battle against COVID-19.”

Hey, it’s all politics, right?

• Third, too many establishment journalists, supposedly paid to cover the news rather than express their opinions, were in favor of the U.S. mission in Afghanistan and opposed to Biden’s decision to end it once and for all.

“Much of the problems with the press coverage lie in the coziness between foreign policy elites and reporters who rely on them for information,” writes Alex Shephard in a perceptive New Republic piece. “The biases of interventionists and hawks flow frictionlessly into news coverage, treating the exit from Afghanistan as a capitulation and outrage, rather than as one — and perhaps the best — of a number of bad options.”

A telling example is Peter Baker’s widely criticized “news analysis” for The New York Times in which he quotes George W. Bush alum Meghan O’Sullivan and Gen. David Petraeus to argue that Biden could have achieved a different outcome. Describing Biden’s own framing of the options he had before him as “either complete withdrawal or endless escalation,” Baker writes, “Critics consider that either disingenuous or at the very least unimaginative, arguing that there were viable alternatives, even if not especially satisfying ones, that may not have ever led to outright victory but could have avoided the disaster now unfolding in Kabul and the provinces.”

Another example plays out on television, where a variety of former officials from the George W. Bush administration and former generals have been given air time to criticize Biden, notwithstanding their direct role in sucking us into what was, until recently, an endless war.

There is one other factor that needs to be considered when analyzing media coverage, and that’s the asymmetric role played by the mainstream media and the right-wing propaganda machine headed by Fox News.

As Jonathan Chait points out in New York magazine, Democrats and liberals can’t always count on sympathy from the mainstream because journalists want to be seen as skeptical and even-handed. Fox, on the other hand, is going to espouse a mindless pro-Republican, pro-Trump line no matter what the issue, even if it is exactly the opposite of the line it took a week earlier. At moments like this, the entire weight of the media is coming down on Biden, whereas Republicans can count on Fox being in their corner even in the worst of times.

“Even the most dishonest, incompetent, and scandal-ridden Republican presidency imaginable — which more or less describes the one we just had — will still have a media environment divided almost equally between scorching criticism and obsequious fawning,” Chait writes, adding: “In recent days, CNN and MSNBC looked a lot like Fox News, all hyping chaos in Afghanistan 24/7. That is the kind of comprehensive media hostility Trump never had to worry about.”

Now, none of this means that critical coverage of Biden was entirely misplaced. Few presidents have ever come into office with his depth of foreign-policy experience and, seven months in, he’s no longer a new president. We’ve all seen reports that U.S. intelligence officials believed the Afghan government could hang on for a year or two before its inevitable collapse. Surely a more orderly withdrawal could have been planned if they had been right. Why was Biden so seemingly unaware that his own advisers didn’t know what they were talking about? What is he doing about it?

Last Friday, on “Washington Week,” host Yamiche Alcindor replayed Biden’s embarrassing answer to her question earlier this summer that there would be no repeat of the rooftop evacuation that marked the end of the Vietnam War. Biden was right — what happened in Kabul was considerably worse.

But one of Alcindor’s panelists, Ayesha Rascoe of NPR, made an important point that has too often been overlooked by the media in its eagerness to pillory the president: “I do think this is an American tragedy, though. This is 20 years. This is four administrations. This is not just on the Biden administration.”

Indeed. The war in Afghanistan was a generation-long tragedy. Bush could have launched a targeted attack aimed at capturing or killing Osama bin Laden rather than a full-scale war to remake Afghan society. Barack Obama could have declared victory and pulled out after bin Laden was killed.

Instead, it was left to Trump to question our ongoing commitment and Biden to bring it to an end. That doesn’t mean Biden got everything right and shouldn’t be subjected to tough scrutiny. It does mean that our flawed media system was inadequate to the moment — and that we need to think about how we can do better.

Vietnam and Afghanistan: Two essays, one nonsensical, one filled with wisdom

U.S. soldier in Vietnam. Photo (cc) 1971 by Bruno Barbey.

Two essays, one in The New York Times and one in The Boston Globe, compare the disastrous, tragic war in Vietnam to the disastrous, tragic war in Afghanistan. One is based on nonsensical analogies. The other puts both conflicts in their proper perspective.

I’ll begin with the bad. Georgetown historian Michael Kazin, writing in the Times, tries to make the case that the grotesque lies Lyndon Johnson told in order to escalate our involvement in Vietnam are somehow comparable to President Biden’s handling of the chaotic exit from Afghanistan. The headline — “To Save His Presidency, Biden Must Tell the Truth About Afghanistan” — is worse than the essay, but the essay is bad enough.

Kazin’s piece is based on the premise that “the last time a war blew up in the face of a Democratic president, it derailed his domestic agenda and stalled the most ambitious social reforms of a generation.” Yet Johnson pulled us deeper and deeper into the Vietnam War, to the point where it overwhelmed his presidency. Biden has ended our involvement in Afghanistan. It’s been awful to watch, and no doubt it could have been handled better. But he’s done what three presidents before him wouldn’t do, and there are no signs that the public wanted us to stay.

And yes, Johnson and his administration lied repeatedly about the incident in the Gulf of Tonkin, used as an excuse to go all-in, and lied repeatedly about our progress. As Kazin himself concedes, there is nothing comparable going on with Biden. He writes:

Mr. Biden made a decent start at such truth-telling during his speech this week. But he should give a fuller explanation of why his administration failed to prepare for a Taliban victory that, according to years of intelligence reports, was quite likely.

The fall of Afghanistan just happened. Of course we’re going to learn more in the weeks and months to come. It’s obvious to everyone that one interview with George Stephanopoulos isn’t going to be the end of it.

By contrast, the Globe piece, H.D.S. Greenway, makes the considerably more solid argument that our failed wars in Vietnam and Afghanistan had certain similarities — a misguided mission to build pro-Western democracies in places that called for a different solution, an obstinate refusal to learn about the cultures in which we had immersed ourselves, and rampant corruption on the part of our allies. Greenway, a former Globe editorial page editor and longtime foreign correspondent, concludes:

The tragedy is that America really had no interest in either Vietnam or Afghanistan for themselves. We went into Vietnam to fight communism and into Afghanistan to fight terrorists. Over the years, mission creep took over, and we thought we could bring forth democracy in our image out of the barrel of a gun.

The proper analogy to LBJ is not Biden; it’s George W. Bush, who could have saved us from two decades of anguish after 9/11 if he’d launched a limited mission to kill or capture Osama bin Laden and had stayed out of Iraq. Barack Obama should have pulled out after bin Laden was killed. I’ll give Donald Trump a tiny bit of credit for at least talking about ending the war.

But it’s Biden who did it. Like Gerald Ford in 1975, Biden watched the U.S.-backed regime collapse and had the maturity and good judgment not to try to stop it. It was over. It seems clear that there were intelligence failures that prevented us from getting as many people out as we could have, and there’s no doubt that Biden’s going to be asked some tough questions.

Regardless of what Kazin thinks, though, the fate of Biden’s presidency does not depend on Afghanistan.

Become a member of Media Nation for just $5 a month!

President Biden says social media are killing people. But Fox News may be killing more.

Tucker Carlson. Photo (cc) 2018 by Gage Skidmore.

Previously published at GBH News.

With the delta variant spreading and COVID-19 rates climbing in all 50 states, President Joe Biden last Friday offered some tough words for Facebook and other social media companies that are enabling lies and misinformation.

“They’re killing people,” he said. “I mean, look, the only pandemic we have is among the unvaccinated. And they’re killing people.”

Biden was not wrong. But despite the enormous reach of Facebook, only one media outlet has devoted itself to injecting falsehoods about the pandemic into the nervous systems of its audience on a 24/7 basis. That, of course, would be Fox News, the right-wing cable station that tells its viewers, over and over, that vaccines are dangerous and that wearing a mask to prevent COVID-19 is ineffective — and, in any case, is not worth the price we’d pay in giving up our freedom.

Anne Applebaum, a staff writer for The Atlantic, put it well in a tweet reacting to Biden’s warning to Facebook and its ilk: “Surely Fox poses as big or even bigger problem?”

Consider a recent exchange between Fox’s biggest star, Tucker Carlson, and Alex Berenson, a former New York Times reporter and frequent Fox guest who’s become a notorious purveyor of pandemic falsehoods. “Masks are useless,” Berenson said, although he added that an N-95 medical-grade mask might be of “some minor benefit.” Mainly, he said, mask directives are “symbolic,” explaining, “If I don’t see people wearing masks I forget to be scared, and that’s why they want people wearing masks.”

Berenson wasn’t done. In response to gentle prodding by Carlson, he said, “The vaccines unfortunately appear to be declining in effectiveness very quickly.” He complained that he’d been suspended by Twitter for saying just that, and he urged Carlson’s viewers to subscribe to his Substack “before I get kicked off Twitter.”

Carlson responded by appearing to agree with Berenson. “The big media outlets are committed to lying and censorship,” he said sympathetically. “It’s terrifying.”

Carlson’s show is the top-rated program on cable news, drawing some 3 million viewers every weeknight. That may pale in comparison to the reach of social media. But unlike Facebook, where you’re going to encounter news about your family and friends, cat photos and the like along with the occasional falsehood, Fox is pushing this stuff at all hours of the day and night.

As CNN media reporter Oliver Darcy put it: “Rupert Murdoch, who was among the first in the world to receive a coronavirus vaccine, but who pays people who intentionally fear-monger to millions of people about them, must be smiling about all the attention Facebook is getting. Facebook is allowing for the spread of misinfo, but at least, unlike Fox News, has made some effort to reduce it.”

From “Fox & Friends” in the morning to Carlson, Sean Hannity and Laura Ingraham at night, Fox in recent years has morphed from a somewhat normal conservative news and opinion outlet into pure propaganda.

Last week, Media Matters for America released a study that showed the extent of Fox’s disinformation campaign about COVID and vaccines. Media Matters is liberal and partisan, but it also has a reputation for getting its facts right. The findings were sobering.

“From June 28 through July 11, 57% of segments about coronavirus vaccines on the network included claims that undermined vaccination efforts,” according to the report. The biggest offender was the “Fox & Friends” morning show, followed by Ingraham, though Carlson wasn’t far behind.

During the two-week period, the report said, “Fox personalities and guests made 216 claims undermining or downplaying vaccines or immunization drives. Out of those, 151 claims came from pundits on the network, which represented 70% of the total. Fox pundits described vaccine efforts as coercive or government overreach 103 times and described vaccines as unnecessary or dangerous 75 times.”

This is pure poison, and it goes a long way toward explaining why Trump supporters are lagging on vaccinations, and why we’re all wondering how soon we’ll be under a mask mandate once again.

The Washington Post and Time magazine weighed in earlier this month with in-depth profiles of Carlson, who has become perhaps the most influential force in right-wing politics since the semi-departure of Trump and the death of Rush Limbaugh. Both profiles focused on his racism — a worthy subject, for sure, but no doubt a sign that the stories were assigned before the recent resurgence of the pandemic.

Gillian Laub of Time, though, did manage to work in some key COVID-19 material into her piece, eliciting a ludicrously offensive answer from Carlson when she asked if he’d been vaccinated. He called the anodyne question “super-vulgar” and parried with “What’s your favorite sexual position and when did you last engage in it?”

Laub also noted that, early in the pandemic, Carlson took COVID-19 more seriously than his fellow Fox hosts and even urged then-President Trump to change course. As a result, researchers found that Carlson’s viewers modified their behavior in practices such as hand-washing sooner than did Hannity’s fans.

There are some recent signs that Fox is hedging its bets. Steve Doocy of “Fox & Friends” has been praised for pushing back against his anti-vaxxer co-host Brian Kilmeade. (Both sides!) Even Hannity has been edging toward encouraging his viewers to get vaccinated. But it’s Carlson with the most viewers and influence, and there’s little evidence that his bosses are going to intervene.

Is there anything that can be done about the toxic influence of Fox News? It would be exceedingly difficult. Occasionally you hear some talk about reviving the FCC’s fairness doctrine, which required broadcasters to air opposing views and offer equal time to those who had been attacked. But even if that were politically possible, it would be unlikely to pass constitutional muster. The fairness doctrine applied only to over-the-air television and radio, not cable TV, since the airwaves were regarded as a finite, publicly owned resource.

In any case, such a heavy-handed approach might not be necessary. Congress could require cable providers to offer à la carte service so that no one would have to pay for Fox News or any other cable channel unless they wanted to. No more bundling. Personally, I’d probably keep Fox so I could check in on what they were saying from time to time. But I’d happily give up the 57 flavors of ESPN I’m forced to pay for and rarely watch.

For now, though, we’re stuck with Fox and the baleful influence it exercises over our entire culture. People are literally dying because of the false beliefs they harbor about COVID-19, and Fox is one of the principal vectors for spreading those beliefs.

Donald Trump himself has urged people to get vaccinated. But that’s not the message being delivered to the Trump supporters who tune in to Fox News every day. As a result, some 47% of Republicans say they are unlikely to get the shots, according to a Washington Post-ABC News poll, compared to just 6% of Democrats.

Over the course of the next few weeks, more people will get sick and more people will die. We may be told to wear masks in public once again. New restrictions may be put in place. We were so close to beating COVID-19, and now we’re moving backwards. For that you can thank Tucker Carlson, Laura Ingraham and the rest of their ilk at Fox.

Most of all you can thank Rupert Murdoch, for whom misery and disease is just another profitable day at the office.

Garland makes good on Biden’s promise to stop harassing the press

Attorney General Merrick Garland. Photo (cc) 2016 by Senate Democrats.

Give President Joe Biden credit for having a keen understanding of what it takes to hold together his Democratic-liberal-progressive coalition.

When he said in May that it was “simply, simply wrong” for the government to spy on journalists, I was skeptical that he would follow up his sentiment with concrete action. After all, he was vice president under Barack Obama, whose harassment of reporters in his campaign against leaks was legendary. Other presidents also thought nothing about going after reporters, including Donald Trump, George W. Bush and, of course, Richard Nixon.

But press secretary Jen Psaki followed up by assuring reporters that Biden meant what he said. And, on Monday, it came to fruition with Attorney General Merrick Garland’s announcement that the administration would stop attempting to seize journalists’ records in nearly all circumstances. In a memo quoted by The New York Times, Garland wrote:

The Department of Justice will no longer use compulsory legal process for the purpose of obtaining information from or records of members of the news media acting within the scope of news-gathering activities.

Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, issued a statement of approval, saying:

The attorney general has taken a necessary and momentous step to protect press freedom at a critical time. This historic new policy will ensure that journalists can do their job of informing the public without fear of federal government intrusion into their relationships with confidential sources.

Technically, Garland was acting on his own. The attorney general is supposed to be independent of the president. But Garland could hardly continue with the anti-press policies of Biden’s predecessors after Biden himself had spoken out so strongly in favor of reform.

Become a member of Media Nation for just $5 a month!

Garland’s actions come in response to some truly shocking actions undertaken by the Trump administration, some of which spilled over into the first few months of the Biden presidency. Acting on what appeared to be political motivations, the Trump Justice Department sought phone and email records from journalists at The Washington Post, The New York Times and CNN. Judging from the timeline, the Trumpsters seemed to be looking into those news organizations’ reporting on the 2016 Trump campaign’s ties to Russian interests.

There are some exceptions to Garland’s order in the case of life-or-death situations, or if a reporter is believed to be actively helping a source obtain classified information. But these exceptions strike me as reasonable rather than being easily exploited loopholes.

Garland’s memo also says that the Justice Department will support efforts to pass legislation making the guidelines permanent so that they don’t expire as soon as Biden leaves office. That’s really the key, since future presidents and attorneys general would otherwise not be bound by Biden and Garland’s good intentions.

How minority rule is turning the U.S. into an undemocratic country

Photo (cc) 2014 by the National Museum of American History

This essay was first published in the Media Nation member newsletter. To become a member for $5 a month, please click here.

Like many of us, I worry about the state of our democracy. I write about it from time to time, but what concerns me especially is that it’s almost impossible to see any way out of our dilemma. That’s because we need systemic reform in order to move toward democracy. Not only is it in the interest of Republicans to oppose that reform, but there’s also no way of overcoming their opposition.

Obviously a lot of attention has been focused on Democratic Sen. Joe Manchin’s opposition to getting rid of the filibuster, which means that President Joe Biden won’t be able to pass any of his non-budget priorities through a simple majority. But we all know the problem goes deeper than that, because the Constitution is heavily tilted toward the small-population states, which are overwhelmingly Republican.

At the presidential level, we need to get rid of the Electoral College, a vestige of slavery that resulted in the elections of George W. Bush in 2000 and Donald Trump in 2016 even though they lost the popular vote. Yes, the Electoral College has always been with us. But before Bush, the last time a candidate was elected president despite losing the popular vote was in 1888. Because of shifting demographics, such outcomes have become increasingly likely.

Nor is the problem solely at the presidential level. The 50 Republican senators represent just 43.5% of the electorate, according to calculations by the Daily Kos, whereas the 50 Democratic senators represent 56.5%. That’s an enormous gap, yet between the filibuster’s requirement of 60 votes to move forward on anything and the small-state advantage, Chuck Schumer might as well hand his gavel over to Mitch McConnell.

The House is at least theoretically democratic since districts are drawn on the basis of population. But partisan gerrymandering has resulted in Republicans having more seats to which they should be entitled. That will certainly prove to be a factor in the midterm elections, when the Republicans will in all likelihood regain their majority.

And I haven’t even mentioned Republican efforts across the country to pass voter-suppression laws that would disproportionately affect people of color.

This state of affairs would be bad enough if Republicans were committed to our democratic system. But we can see that they’re not, and their willingness to repeat the Big Lie that Trump won re-election last fall has become a loyalty test within the party.

We can all think of ways to solve these problems, but even to write about them seems like an exercise in futility. The Republicans would block any changes that would diminish their power. And we will continue to move deeper into minority rule.