Tag: New York Times

A leading media ethicist picks up the pieces of the David Brooks story

Edward Wasserman. Photo (cc) 2019 by the Knight Foundation.

The controversy over New York Times columnist and “PBS NewsHour” commentator David Brooks’ conflicts of interest has all but faded away. But before everyone just, you know, moves on, I’d like to share with you a new blog post by Edward Wasserman, former dean of the Graduate School of Journalism at UC Berkeley and one of the country’s leading media ethicists. If you’ve forgotten the backstory, Wasserman has recapitulated it for you.

Wasserman begins with the valuable observation that conflicts tend to arise at the opposite ends of the economic spectrum — low-paid journalists caught in the realities of a shrinking news business have to take on outside work, meaning that “every story we read may be an audition for future work (or a thank-you for past employment), and we’re left to wonder how single-minded the writer’s commitment to us can be.” Or, for that matter, they might have an incentive to write nice things about McDonald’s. That, at least is understandable.

On the Brooksian end of the spectrum, though, the corruption is much more clear. Wasserman writes:

Star journalists cash in on notoriety from their day jobs, and the lead commentator for a prestige publication who moonlights on cable TV can make tens of thousands to speak at a trade association confab or corporate retreat. That’s a powerful incentive to pick subjects and grind axes that sharpen the journalist’s brand — which again raises the question, when we read their work, of who else they’re working for.

Another important point Wasserman makes is that the full disclosure Brooks failed to provide until he was caught by BuzzFeed News is no substitute for avoiding the conflict in the first place. Now, I’m among a younger (not that young) generation of media critics influenced by New York University Jay Rosen, which means that I tend to favor full disclosure without worrying quite as much about conflicts as earlier generations did.

But it’s hard to disagree with Wasserman when he writes: “Disclosure can never cleanse work of its bias; it can only alert readers to the possibility that bias exists and dare them to find it.” I would differ with Wasserman on his use of the word “bias.” Of course Brooks is biased. He’s an opinion journalist. But Brooks does owe us his independence, and he compromised that through his entanglements with Facebook and the Bezos family, among others.

I’m not sure whether Brooks could have survived this if he hadn’t apparently disclosed his conflicts to his previous editors (though not to readers or viewers). In any case, he’s still standing, and though he can drive me crazy sometimes, I agree with Wasserman that he is “a lucid and humane writer.” I’d miss him if he were gone. But I don’t know that I’ll ever trust him again — and there were already reasons to approach Brooks’ work with tweezers and a pair of rubber gloves.

Brooks has undermined trust in the Times, the “NewsHour” and himself. I guess the calculation is that he still has value; otherwise, he’d be gone. But he’s definitely moved himself to the discount rack, perhaps permanently.

Previous coverage.

The Trump campaign lost its libel suit because it really did collude with Russia

Michael Flynn. Photo (cc) 2016 by Gage Skidmore.

A New York state judge Tuesday tossed a libel suit filed by Donald Trump’s campaign against The New York Times. The suit claimed that a 2019 column by former executive editor Max Frankel was false and defamatory because Frankel wrote that the 2016 Trump campaign had colluded with Russian interests.

Two-thirds of Judge James d’Auguste’s ruling is not especially interesting. He ruled that the campaign lacked standing to bring such a suit, and that Trump would be unable to prove Frankel knew or strongly suspected that what he was writing was false — the “actual malice” standard that pertains to public officials and public figures.

So that leaves us with the third leg of d’Auguste’s decision — that Frankel was merely expressing his opinion, which is protected by the First Amendment. The standard was set in a U.S. Supreme Court case called Milkovich v. Lorain Journal Co., in which Chief Justice William Rehnquist ruled that labeling a piece of writing as “opinion” provides no protection if that piece contains assertions of fact that could be proven true or false.

The way Rehnquist explains it is that to say “In my opinion Mayor Jones is a liar” would be unprotected speech (that is, if Jones could prove he’s not a liar, he might be able to bring a successful libel suit) whereas “In my opinion Mayor Jones shows his abysmal ignorance by accepting the teachings of Marx and Lenin” would be considered pure opinion and thus beyond the reach of a libel suit.

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So what did Max Frankel do? If you read his commentary, you’ll see he looked at a number of public actions and statements by Trump and people close to him to show that they were toadying to Russian interests, and that not only did the Russians expect something in return, but that Trump and his allies moved in that direction both during and after the 2016 election. We all know this. We all watched it unfold in real time. (It’s important to note in this context that “collusion” is not a legal term anymore than “toadying” is. In other words, labeling such behavior as “collusion” is protected opinion as long as the underlying facts are accurately stated.)

Among other things, Frankel cites the infamous Trump Tower meeting as well as incoming national security adviser Michael Flynn’s lying to the FBI about his discussion with the Russian ambassador before the 2017 inauguration about the possible lifting of sanctions. Those actions led to criminal charges against Flynn, to which he pleaded guilty twice before Trump, as president, pardoned him in the final days of his administration. Frankel writes:

Candidate Trump made no secret of his intention to forge a warm relationship with the Kremlin. But pledges of sanctions relief and other specific moves while not yet in office were unseemly at best and clearly offensive to the American convention that we have only one president at a time. Mr. Flynn especially had to lie because though already in transition to power he was directly undermining Mr. Obama’s still active and punitive diplomacy against Mr. Putin.

Frankel didn’t libel Trump, not just because of the technicalities of defamation law, but because he wrote the truth. Trump might as well sue Robert Mueller while he’s at it.

The David Brooks matter comes to an end (probably)

I just want to put a “-30-” on this. The New York Times reported earlier today that disclosures will be added to David Brooks’ past columns in which he had a conflict of interest (background here). He’s resigned from his paid position at the Aspen Institute. Most important, I think, is this:

Mr. Brooks had received approval to take the paid position at Aspen in 2018, according to Eileen Murphy, a Times spokeswoman, but the current editors of the opinion section did not know about the arrangement.

Presumably this means that Brooks’ outside work was approved by former editorial-page editor James Bennet, who apparently saw nothing wrong with Brooks’ writing about Facebook and other Aspen funders without disclosing that to readers. Bennet is truly the gift that keeps on giving.

Brooks should have been more forthcoming than he was in his modified limited hangout on the “PBS NewsHour” Friday night. But barring any further disclosures, this story feels like it’s over.

And kudos to Craig Silverman and Ryan Mac of BuzzFeed News for their dogged reporting.

David Brooks addresses the Weave controversy

Move ahead to 8:48

New York Times columnist David Brooks addressed the Weave matter Friday evening durng his regular appearance on the “PBS NewsHour” — which places Judy Woodruff and company several steps ahead of the Times when it comes to transparency.

Brooks was nervous through the segment, which began with his usual back-and-forth with Washington Post columnist Jonathan Capehart. At the end, in the clip that I’ve bookmarked above (start at 8:48 if it doesn’t happen automatically), Woodruff gave Brooks a chance to explain himself. I thought he seemed sincerely interested in trying to set things right, but that he wasn’t entirely forthcoming.

He began by saying, “First, we did totally disclose it,” referring to his salary at the Aspen Institute, where he runs Weave, a civic-engagement initiative. Later, he seemed to say that what he meant was he’d disclosed it to his superiors at the Times. Certainly his readers and viewers didn’t know it.

He also said he had “not meaningfully written” about any of Weave’s funders, including Facebook, even though BuzzFeed News — which broke the story — has presented evidence to the contrary. Nor did he mention a post he wrote for Facebook’s blog in which he sang the praises of Facebook Groups, also revealed by BuzzFeed.

“It has not affected my journalism,” he insisted. Nevertheless, he conceded that his critics have a point and said he’ll be making changes over the next week.

How will this end? I suspect the Times will announce a policy pertaining to all of their in-house opinion journalists, and that will be the end of it — especially if Brooks can prove that management knew about his Weave salary.

Earlier:

Update: BuzzFeed News reporter Craig Silverman rebuts Brooks point by point in this Twitter thread:

Update II: Brooks has resigned from his position at the Aspen Institute as more conflicts of interest surface. BuzzFeed News reports.

Did David Brooks’ former superiors know about his conflicts of interest?

The New York Times posted David Brooks’ Friday column last night without any suggestion that something was amiss. Meanwhile, Paul Farhi’s report in The Washington Post raises the possibility that Brooks had let his superiors know he was drawing a salary from Weave, the civic-engagement project he’s affiliated with at the Aspen Institute, but that the new regime, led by opinion editor Kathleen Kingsbury, may have been unaware:

People at the Times said Brooks informed at least some of his previous bosses about the details of the Weave project. But last summer saw the departure of the Times’s top editorial-page editors, and Brooks’s current editors were unaware of the arrangement. Officially, the Times has declined to say whether it knew about Brooks’s outside employment.

Needless to say, it would be interesting to go back and see if he wrote any columns about Facebook and other organizations with which he had a financial relationship while James Bennet was the editorial-page editor. Bennet might have known, but those ties weren’t disclosed to readers. Which is, after all, what really matters.

Earlier:

The New York Times has a David Brooks problem

David Brooks. Photo (cc) 2011 by the Miller Center.

The New York Times’ David Brooks problem has ratcheted up from “uh, oh” to “holy cow.”

Craig Silverman and Ryan Mac of BuzzFeed News reported on Wednesday that Brooks, a prominent Times columnist, is getting paid for his work at Weave, a civic-engagement project that’s part of the Aspen Institute. Among Weave’s funders is Facebook.

A week earlier, BuzzFeed reported that Brooks had written a post on Facebook’s blog singing the praises of Facebook Groups without letting his editors at the Times know about it. That was bad enough. But now that there’s money involved, the Times is going to have to take action.

It’s unclear whether the Times knows he’s been getting a second salary. If they do, then perhaps Brooks can avoid being disciplined. But whether they know or not, what about the rest of us? Every time Brooks writes about an organization in which he has a financial stake, that needs to be appended to the bottom of his column. Needless to say, the problem with that is it would look ridiculous. I’m sure the Times doesn’t want to run a piece by one of its own staff columnists that reveals he’s in the tank to someone else.

As someone who has worked in opinion journalism for many years, and who teaches it, I feel like I have a stake in calling out Brooks’ misbehavior. I stress to my students repeatedly that we have the same ethical obligations as straight-news reporters. We don’t make political contributions. We don’t put signs on our lawns. And we maintain our independence.

One of the four tenets of the Society of Professional Journalists’ Code of Ethics is to “act independently.” The code explains further: “Avoid conflicts of interest, real or perceived. Disclose unavoidable conflicts.” Brooks’ conflict seems avoidable enough, but at the very least he should have disclosed it.

A summary of Bill Kovach and Tom Rosenstiel’s “The Elements of Journalism” has this to say about independence and opinion journalism:

Journalistic independence, write Kovach and Rosenstiel, is not neutrality. While editorialists and commentators are not neutral, the source of their credibility is still their accuracy, intellectual fairness and ability to inform — not their devotion to a certain group or outcome. In our independence, however, journalists must avoid straying into arrogance, elitism, isolation or nihilism.

I assume the Times is going to take this seriously. It may be bad for Brooks that the Times’ opinion editor, Kathleen Kingsbury, is just a few weeks into her job and may want to send a message to the rest of her staff.

But I’m troubled by a statement BuzzFeed got from Times spokeswoman Eileen Murphy. Silverman and Mac write: “Murphy said other Times columnists have roles outside the paper. When asked for an example, she cited Paul Krugman, who was a professor of economics at Princeton and is currently a distinguished professor at the Graduate Center of the City University of New York.”

Seriously? Krugman is not a columnist who scored an academic gig. He’s a professor who was so highly regarded that the Times hired him as a columnist. The Times is his second job (or was; he seems to be semi-retired now), just as the Aspen Institute is Brooks’ second. And everyone knows about Krugman’s academic background. It was hardly a secret when he won the Nobel Prize in Economics.

I hope this can be resolved. Brooks is reviled in many circles, but I value his work. He often shows himself to be out of touch, and he can drive me crazy sometimes. But at his best he’s very good, and I’d hate to see him go, or set up a Substack.

It will be interesting to see what happens when Brooks and Washington Post columnist Jonathan Capehart kick the week’s news around on the “PBS NewsHour” tomorrow evening. Brooks should address it.

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New York Times diversity report describes a challenging workplace culture

Not so diverse: The New York Times in 1942. Photo in the public domain.

The New York Times has released the results of an internal study that finds the paper’s internal culture is often hostile to people of color and women. The entire report is here. A key excerpt:

Our current culture and systems are not enabling our work force to thrive and do its best work. This is true across many types of difference: race, gender identity, sexual orientation, ability, socioeconomic background, ideological viewpoints and more. But it is particularly true for people of color, many of whom described unsettling and sometimes painful day-to-day workplace experiences.

Tom Jones of Poynter has been reading it over, and he finds some telling statistics: 48% of hires in 2020 were people of color, bringing the percentage from 27% to 34% in the past six years. The percentage has risen from 17% to 23% in leadership positions, and the percentage of women employed by the Times has risen from 45% to 52%.

I suspect those numbers are better than what you’d find at most news organizations, although I also suspect that the Times — among the very few that’s been staffing up in recent years — could have done better still. And I heartily agree with Jones’ conclusion: “It also would be good to see all news organizations do the kind of self-evaluation that the Times has done and work toward making sure their newsroom cultures are where they should be.”

We can start with The Boston Globe, Boston’s public media outlets and television news operations.

Finally, of note: One of the three co-authors of the report is deputy managing editor Carolyn Ryan, an alum of the Globe and, before that, The Patriot Ledger of Quincy — and the subject of a profile in Insider this week that touts her as a possible successor to executive editor Dean Baquet.

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Don McNeil is out at The New York Times; plus, more fallout from ‘Caliphate’

Don McNeil of The New York Times has been one of my trusted sources on COVID. His long conversations with Michael Barbaro on “The Daily” have been reassuring while at the same time never minimizing the dangers posed by the pandemic. Now he’s gone over a 2019 incident in which he used racially offensive language with a group of students.

There are problems here that speak to the broken culture that seems to permeate the Times. On the one hand, McNeil was quietly disciplined at the time of the incident. It seems unfair to push him out now simply because his behavior has become public. On the other hand, his explanation of what happened doesn’t hold up. As David Folkenflik of NPR writes:

In his parting letter to colleagues, McNeil said he had used a racial slur in a context that he had thought defensible at the time, but now realizes was not.

“I was asked at dinner by a student whether I thought a classmate of hers should have been suspended for a video she had made as a 12-year-old in which she used a racial slur. To understand what was in the video, I asked if she had called someone else the slur or whether she was rapping or quoting a book title. In asking the question, I used the slur itself.”

According to the Daily Beast, parents complained that McNeil had been racially offensive at several different moments [my emphasis].

McNeil’s explanation simply doesn’t square with what parents were saying.

Folkenflik also reports on further fallout from the Times’ “Caliphate” debacle. Audio producer Andy Mills is gone because he’d been accused of what Folkenflik calls “inappropriate behavior toward female colleagues” back when he was working for public radio. Yes, and, of course, helping to create a Times podcast that turned out to be based on a massive fabrication didn’t help.

Barbaro’s own behavior regarding “Caliphate,” including intervening behind the scenes on behalf of his fiancée, has come under fire from public radio stations that carry “The Daily,” with some dropping the podcast altogether. But unlike Mills and “Caliphate” host Rukmini Callimachi, who’s been demoted, Barbaro is one of the Times’ biggest stars. We’ll have to see if this story has come to a conclusion or not.