A better way of covering the Indiana discrimination story

It's all about the cake.
It’s all about the cake.

In a frustratingly inconclusive Washington Post column today on Indiana’s religious-freedom law, Kathleen Parker writes, “Without diving into the weeds, the law aims to protect religious freedom against government action that abridges deeply held convictions.”

Trouble is, the weeds are exactly where we need to be. The public perception is that the law would discriminate against the LGBT community. Yet Indiana Gov. Mike Pence, who supports the legislation (though he now wants to add clarifying language), has insisted that it would not discriminate. For instance, Tony Cook and Tim Evans quote Pence in today’s Indianapolis Star as saying that the law “does not give anyone a license to deny services to gay and lesbian couples.”

For someone trying to follow this story, the problem appears to be two-fold. First, the law itself is vaguely worded and could be interpreted in a variety of different ways. Second, the media for the most part have covered this as a political story, more interested in traditional narratives about winners and losers than in what effect the law might actually have on people.

Bits of background emerge here and there. For instance, we’re regularly told that the Indiana law is similar (though not identical) to the Religious Freedom and Restoration Act, signed by Bill Clinton in 1993, and that 19 other states already have such laws on the books. We know that Arkansas is on the brink of joining those states. For the most part, though, coverage is framed in terms of pure politics.

My frustration spilled over this morning in reading the latest from The New York Times and The Washington Post. I don’t mean to single them out. It’s just that I’ve been thinking about this in recent days, and today’s coverage crystallized my sense that the public is not being as well-served by journalism as it could be.

The Times story, by Campbell Robertson and Richard Pérez-Peña, and the Post story, by Philip Rucker and Robert Costa, are mainly about politics. You learn a lot from both of them. The Post strikes me as particularly insightful, as Rucker and Costa observe in their lede that the controversy over the Indiana law “has drawn the entire field of Republican presidential contenders into the divisive culture wars, which badly damaged Mitt Romney in 2012 and which GOP leaders eagerly sought to avoid in the 2016 race.” The Post also notes that Pence may harbor presidential ambitions of his own.

But if you want to know what, exactly, the law would do, you’re out of luck, unless you want to latch onto Gov. Pence’s assurances that it won’t do much of anything (then why pass it?) or the warnings of civil-rights groups that it would legalize discrimination against sexual minorities.

Here is how I’d define what we need to know.

Does the Indiana law merely (for instance) prohibit the government from requiring a member of the clergy to perform same-sex marriages? No; the wording of the law makes it pretty clear that the door is open to actions that would go well beyond that. In any case, the clergy is already protected by the First Amendment.

So where does the law draw the line? What it comes down to, as Kathleen Parker and others have pointed out, is cake. Would the law allow a bakery to refuse to sell a wedding cake to a same-sex couple? And here is where the coverage has tended to devolve into a one-side-says-this/the-other-side-says-that morass.

Maybe the Indiana law is just too vague to provide a clear answer to that question. Nevertheless, I think German Lopez of Vox deserves a lot of credit for trying. In a lengthy article published on Tuesday, Lopez pulls together all known facts — the background, the threatened boycotts — and points out that, historically, laws such as Indiana’s have not been used to engage in the sort of discrimination LGBT advocates are worried about. (My favorite example involves the Amish, who were exempted from a law requiring them to put fluorescent lights on their buggies.)

Nevertheless, Lopez notes that supporters of the Indiana law have celebrated the idea that “Christian bakers, florists and photographers” would not have to “participate in a homosexual marriage!” So the intent to discriminate is clearly there. Countering that, though, is University of Illinois law professor Robin Wilson, who tells Lopez that it is unlikely the courts would uphold such discrimination. And yet, as Lopez observes, the U.S. Supreme Court’s Hobby Lobby decision raises the specter that Wilson’s sanguinity might prove unwarranted.

Of course, Vox’s self-styled mission is to explain. But I would argue that even a daily update in a developing story like this ought to explain as clearly as possible what the law is about, or at least link to such an explanation.

In his book “Informing the News,” Thomas E. Patterson writes that journalists need to add a third tool — knowledge — to their traditional tools of direct observation and interviews. In the case of Indiana, telling us what the religious-freedom law would actually do is at least as important as telling us what people are saying about it.

Note: If you find any particularly good explainers about the Indiana law, let me know and I’ll post links to them here. And here we go:

• This article, by Stephanie Wang of the Indianapolis Star, is quite good. (Thanks to Mike Stucka.)

• Here’s an explainer in Q&A form that’s in today’s Times. (Thanks to Kris Olson.)

• In the comments, Steve Stein flags this article by Kristine Guerra and Tim Evans of the Indy Star that explains the differences between federal and state law.

On Twitter, I got recommendations for several worthwhile pieces — one from the liberal website ThinkProgress and two from more conservative sources, The Weekly Standard and Commonweal:

https://twitter.com/dfdore/status/583285266254794752

This commentary was also published at WGBHNews.org.

Photo (cc) by D&K and published under a Creative Commons license. Some rights reserved.

Stomp out clichés and aim for ‘austerity of language’

b_kirtzBy Bill Kirtz

If you feel under par, work your fingers to the bone, and know it’s time for a change, click on the Cliché Site to trade tired phrases for compelling images.

That was one of myriad tips from top nonfiction writers last weekend at Boston University’s annual narrative journalism conference.

Organized by BU journalism department writer-in-residence Mark Kramer, the conference drew some 400 writers and editors from around the world. They discussed everything from viral content to social justice reporting to humanizing even the worst criminals.

Kramer preached his well-known gospel of “austerity of language: elegant, taut” prose that convinces readers they’re in the hands of an engaging storyteller. “Go on a to be hunt,” he said. “Get rid of whens and as’s. Lose clichés and metaphors.”

Keynote speaker Jill Abramson, a former New York Times executive editor now teaching at Harvard, repeated the good writing mantra: “Show, don’t tell. Collect anecdotes and revealing detail.” She called Gay Talese’s 1966 classic “Frank Sinatra Has a Cold” the epitome of the narrative genre.

Abramson had good news and bad news as journalism faces a “rapid riptide of change.” The good: long, ambitious reporting is in high demand. She singled out BuzzFeed’s “wonderful” criminal justice series and former Times colleague Jeff Gerth’s exposé of Hillary Clinton’s private emails as exemplars of excellent coverage delivered over new platforms. Gerth, a two-time Times Pulitzer winner now with ProPublica, co-wrote the March 27 article with Gawker reporter Sam Biddle.

The bad news, according to Abramson: worldwide legal threats to freedom of the press. She noted that a study of corruption in Russia under President Vladimir Putin hasn’t been published in Britain because of fears of legal action.

Abramson sees storytelling platforms consistently shifting, with platforms such as Snapchat and Instagram giving nonfiction writers new tools and outlets.

One of those is BuzzFeed, where Mark Schoofs, a Pulitzer winner at The Village Voice, now leads an investigative unit as the site augments viral content with some 130 domestic and foreign news staffers,

Schoofs said social justice reporting hasn’t changed much since Upton Sinclair, Ida Tarbell and others started muckraking powerful institutions more than 100 years ago. As ever, he said, it is based on “the desire to change, to expose a wrong, to have your journalism matter.”

He said these stories may start with “outrage,” but you have to skewer sacred cows if their assertions are incorrect. “You’re not in the tank for any one ideology or group. Test your assumptions versus whatever you see on the ground.”

He loves immersive participatory journalism and stories that have wrongdoing at their heart, calling David Barstow’s Pulitzer Prize-winning Times series on Wal-Mart bribery one of the best in recent years.

Exposing wrongdoing? Fine. But why humanize evil-doers?

Beth Schwartzapfel examines the inner lives of rapists and murderers because “just calling someone a scumbag is lazy, way too easy. He’s a person” and understanding him can be a valuable way to examine what made him do it.

Schwartzapfel is a staff writer with the Marshall Project, a new nonprofit, nonpartisan news organization that covers the criminal justice, system; she is also a frequent freelancer. She tries to get beyond obvious good guy/bad guy distinctions, asking what if Truman Capote’s groundbreaking “In Cold Blood” had ignored the killers and concentrated only on their victims.

Profiling a man who’s served more than three decades for a murder he committed as a teenager, she doesn’t gloss over what he did. She includes graphic descriptions of the crimes and always details the victim’s family’s grievous loss.

“Don’t give [inmates] a soapbox,” she said. “Being sympathetic is not being their advocate. Let readers come to their own conclusions” about whether they deserve parole. “Show how they’re human, not how they’ve been wronged. That’s up to the reader to decide. I tell them ‘I see it as my task to make you human.’”

As an example of a profile that goes far beyond the image of a stock villain, she praised Albert Samaha’s Village Voice profile of a New York City detective who framed innocent men to boost his conviction rate.

Some dismiss memoir as an unreliable narrator’s narcissistic ramble through the past. But in “Big Little Man,” Alex Tizon created a highly praised blend of history, memoir and social analysis.

“Many people dismiss memoir as easy, and a lot of the time memoir is just a cheaper form of storytelling — but it doesn’t have to be,” said Tizon, who won a Pulitzer for investigative reporting while at The Seattle Times. “Report the hell out of your own story,” he advised, having interviewed about 40 people for his book’s exploration of Asian-American masculinity.

To write a memoir, he said, “you have to risk being a fool unless you’re writing public relations. Include the painful parts. I put my siblings at a certain risk — what to leave out? I had to ask, ‘Could I live with this if a sister never spoke to me again?’ The truth is impossible, but my aim is to be as truthful as possible.”

Bill Kirtz is an associate professor of journalism at Northeastern University.

Not so fast on the Globe and online corrections

What would a post about corrections be without more corrections? On Monday I wrote that The Boston Globe had finally started posting corrections on its website instead of simply appending them to the original articles (not that that’s not important too). By the end of the day, though, former Globe digital guy Joel Abrams had tweeted that, in fact, it was nothing new:

But wait! It turns out that though Monday wasn’t the first time the Globe had published a separate corrections item on its website, it still hasn’t managed to do so consistently. For instance, if you look at the print edition of March 12, you’ll find three corrections — but nothing if you go to the Today’s Paper section of BostonGlobe.com for the same date.

I can’t think of a newspaper that gets online corrections exactly right. For instance, The New York Times runs corrections on its website, but they don’t appear in its iOS apps. The print edition of The Washington Post today includes four corrections, but they don’t seem to be online.

It’s time for newspapers to start getting corrections correct.

The Globe corrects its online corrections practices

If I’m not mistaken, today marks the debut of a freestanding correction section on The Boston Globe’s website. The move is long overdue; nearly two years ago I wrote about the shortcomings of online corrections in both the Globe and The New York Times.

Though the Globe appends online corrections to the original articles, it had not up until now run them separately, as it does in the print edition. That was fine for archival purposes. But if you simply read the paper online every day, you had no way of knowing whether something had later been corrected.

In any event — kudos.

Correction: This is a whole lot more complicated than I had first thought. See my follow-up.

The Times goes easy on Bush’s support for the death penalty

Jeb Bush
Jeb Bush

Michael Paulson underplays Jeb Bush’s enthusiasm for the death penalty in a front-page New York Times story on Bush’s Catholicism. Paulson dwells on Bush’s opposition to abortion rights and to the comfort his adopted faith has brought him. For instance:

“It gives me a serenity, and allows me to think clearer,” Mr. Bush said as he exited the tile-roof church here on a recent Sunday, exchanging greetings and, with the ease of a longtime politician, acquiescing to the occasional photo. “It’s made me a better person.”

Paulson’s sole excursion into capital punishment comes in the sixth paragraph, and it is hedged with a “but”:

He differed from his church, significantly and openly, over capital punishment; the state executed 21 prisoners on his watch, the most under any Florida governor since the death penalty was reinstated in 1976. But he has won praise from Catholic officials for his welcoming tone toward immigrants and his relatively centrist positions on education — two issues in which he is at odds with the right wing of his party.

It will be interesting to see how this plays out as the presidential campaign gears up. For years, leaders of the Catholic Church have excoriated pro-choice politicians while going easy on those who are pro-life but who also favor the death penalty. (Yes, I realize how strange that sounds.) Pope Francis is surely as pro-life as his predecessors. But he may also prove to be more expansive in his definition of what it means to be pro-life, which could create problems for Bush. For instance, last fall Francis called for the abolition of capital punishment and of life imprisonment as well, according to the Catholic News Service.

As for Paulson, an excellent religion reporter who is also a Boston Globe alumnus, I wish he had found space for more than 33 words in a 2,200-word article to explain exactly how far from the Catholic Church’s teachings Bush has deviated.

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

Remembering David Carr

David Carr. Photo via Wikipedia.
David Carr. Photo via Wikipedia.

This morning I woke up to the awful news that New York Times media columnist David Carr has died at the age of 58.

Carr’s Monday column, “The Media Equation,” was a ritual — all of us who watch the media for a living would check out what Carr had to say, often on Sunday evenings, when his weekly missive would be posted ahead of the next day’s print edition. His fierce intelligence and passion for what’s good in journalism made him the leading media commentator of our time. He was also a master of Twitter, and his quirky feed will be missed nearly as much as his more substantial work.

I knew Carr slightly. I vaguely recall talking with him a few times back when he was at the Washington City Paper and I was writing for the Boston Phoenix. In 2010, I had the honor of sharing a stage with him at MIT. His magnum opus on the Chicago Tribune under Sam Zell (one of the finest pieces of media reporting I’ve seen) had just been published, and Carr was at his profane, funny best.

In December 2013, Boston University announced that Carr would be taking a high-profile role in its journalism department. I remember talking with the director of our journalism school at Northeastern, Steve Burgard, about what it meant for the perpetual rivalry between the two programs.

Now Steve and David are both gone, well before their time.

Reporting on national security in the age of Edward Snowden

b_kirtzBy Bill Kirtz

WASHINGTON — As governments throughout the world try invasive methods to penetrate newsroom secrets, top journalists use no-tech methods: meeting sources outside microphone range, avoiding phone and email messages and keeping pencil — not electronic — notes.

“We’re going back to old-time shoe leather reporting,” said New York Times national security correspondent David Sanger. “We try not to leave a trace — with no electronic footprint.”

But he told a “Journalism After Snowden” conference at the Newseum last Thursday that while journalists can protect their own data and sources, they can’t control what hackers can do to intercept their electronic communications.

The conference was the last in a series exploring issues raised by Edward Snowden’s massive leaking of National Security Agency documents.

Sanger said the Times’ greatest concern is not the NSA but with protecting communications with staffers around the world, where surveillance can potentially obtain drafts of stories.

He and other speakers noted that the U.S. government has obtained employees’ records and that that the recent Jeffrey Sterling espionage conviction shows that prosecutions could succeed without forcing a reporter to testify.

In that case Times reporter James Risen fought a seven-year battle to protect confidential sources, but the government helped make its case by producing phone calls and email contacts between Risen and Sterling.

Times executive editor Dean Baquet and his Washington Post counterpart, Marty Baron, said they decide officials’ requests to withhold national security information on a case-by-case basis.

They said they won’t surprise officials by publishing potentially dangerous information but will give them a chance to make their case against publishing.

Baquet will hear them out and push them hard for specifics about how publication can harm national security. He said they have to prove that printing risks “life and limb.”

Baron said, “We don’t publish sources and methods. We try to balance national security concerns with the public interest. It comes down to our judgment.”

Both editors said the press should do more, not less, probing of national security issues.

Baquet sees more secrecy in national security than ever, saying for example that it’s “stunning” how little we know about drone warfare. “It’s an undeclared, undiscussed and uncovered issue around the world.”

Bill Kirtz is an associate professor of journalism at Northeastern University.

Patricia Smith’s tale of poetic redemption

Patricia Smith reading at the Library of Congress. Photo by Slowking4. Click here for licensing information.
Patricia Smith reading at the Library of Congress. Photo by Slowking4. Click here for licensing information.

The New York Times today has a fascinating story about how former Boston Globe columnist Patricia Smith has reinvented herself as an acclaimed poet. The end of Smith’s newspaper career was ugly, and reporter Rachel Swarns spares no details. But Smith was always a talented writer, and her tale of redemption is inspiring.

Obama’s State of the Union drives conservatives crazy

State Of The Union
President Obama delivering his State of the Union address Tuesday night. Photo (cc) by NASA HQ.

Previously published at WGBHNews.org.

There’s plenty of fulminating in conservative media circles today over President Barack Obama’s unabashedly liberal State of the Union address.

Some of it is offered in world-weary tones suggesting that, once again, the grown-ups have to explain to the kids that the president doesn’t know what he’s talking about. “Mr. Obama’s income-redistribution themes are familiar,” The Wall Street Journal editorializes, “though they are amusingly detached from the reality of the largest GOP majority in Congress since 1949.”

Some of it is angry. “The president continues to count on and to exploit the ignorance of many of our fellow citizens,” thumps Scott Johnson of Power Line.

And some of it is just petulant. Breitbart’s Ben Shapiro concludes a long adolescent rant about Obama with this unmemorable line: “the state of his union sucks.”

Leave it to David Frum of The Atlantic, though, to explain what might have really been going on Tuesday night. A former speechwriter for President George W. Bush, Frum is the closest thing we’ve got these days to a moderate Republican commentator. And he thinks Obama was aiming his proposals — tax hikes for the rich, tax cuts for the middle class and new governmental benefits such as free community college — at an audience of one: Hillary Rodham Clinton.

“The intent, pretty obviously, is to box in his presumptive successor as head of the Democratic Party,” Frum writes. “Every time the president advances a concept that thrills his party’s liberal base, he creates a dilemma for Hillary Clinton. Does she agree or not? Any time she is obliged to answer, her scope to define herself is constricted.”

The effect, Frum predicts, will be to push the pro-business Clinton to the left and thereby hand an opportunity to the Republican presidential aspirants.

Whatever Obama’s motivation, there’s no question that his demeanor was that of a conquering hero rather than a weakened president facing the first all-Republican Congress of his tenure.

“Obama delivered an hour-long defense of his policies that at times sounded like a victory lap,” is how David Nakamura puts it in his lead story for The Washington Post. In The New York Times, Michael D. Shear calls Obama “confident and at times cocky.” Matt Viser of The Boston Globe says the president was “confident, brash, and upbeat.”

If nothing else, Obama demonstrated that he understood the atmospherics of the State of the Union. It’s a TV show, with all the entertainment values that implies. And thus there was no need for him to acknowledge the Democrats’ brutal performance in the November elections, or that the proposals he offered Tuesday have no more chance of passing than, say, Canadian-style health care. He had the podium, and the Republicans could applaud or not.

The timing was right for Obama as well. With the economy finally showing real improvement, the president’s job-approval ratings are up a bit. An ABC News/Washington Post poll puts Obama at 50 percent approve/44 percent disapprove, while an NBC News/Wall Street Journal survey has him at 46 percent approve/48 percent disapprove. Meanwhile, the public detests Congress as much as ever.

As for how the State of the Union was received, that’s a little harder to figure out. The only survey I’ve seen, from CNN/ORC, shows that 51 percent of viewers had a “very positive” reaction to Obama’s speech and 30 percent were “somewhat positive.” That’s sounds like a big thumbs-up until you look more closely at the numbers. It turns out that 39 percent of those surveyed were Democrats and just 20 percent were Republicans — a reflection of who watched the speech, not of public sentiment as a whole.

Another way of looking at that, though, is that Obama knew he was speaking to a friendly audience — not in Congress, but at home, as Democrats were far more likely to tune in than Republicans. So why not use the occasion to energize his supporters — and drive his enemies to distraction?

Obama’s detractors at Fox News were fairly restrained Tuesday night and online this morning. But you can be sure Bill O’Reilly, Megyn Kelly, et al. will be at it tonight. Meanwhile, consider this, from Charles Hurt of The Washington Times: “President Obama dedicated his State of the Union address to illegal aliens, college students and communist Cuba. In other words, all those imaginary supporters he claims to be hearing from ever since the actual American electorate denounced him, his party and his policies in last year’s beat-down election.”

More to the point, John Podhoretz writes in the New York Post that “in the most substantive speech he’s given in a long time, he has committed his presidency toward policies that have no hope of a serious hearing from the legislatures whose job it is to turn policies into law.”

Obama knows that, of course. The real message of the State of the Union was that the 2016 campaign has begun. Having long since concluded that the Republicans won’t compromise with him, the president delivered a political speech, aimed electing a Democratic president and Congress.

Alex Jones to depart Harvard’s Shorenstein Center

Alex Jones
Alex Jones

Best wishes to Alex Jones, who’s leaving as director of Harvard’s Shorenstein Center on Media, Politics and Public Policy after 15 years at the helm. The center, part of the Kennedy School, is one of Harvard’s two major journalistic endeavors, the other being the Nieman Foundation.

Alex has enjoyed a long and accomplishment-filled career. He may be best known for co-writing with his wife, the late Susan Tifft, “The Trust: The Private and Powerful Family Behind The New York Times” (1999), the definitive biography of the Ochs-Sulzberger family.

Under Jones’ leadership, Shorenstein has been an important part of the conversation about journalism both locally and nationally. He’ll be missed — but I hope he’s planning on being around often enough that he won’t be missed too much.