Ezra Klein and the problem with top-down control

Ezra Klein
Ezra Klein

This commentary was published earlier at the Nieman Journalism Lab.

What should a 21st-century news organization look like? A single entity, run from the top, with a common set of values? Or a loose network of related projects, sharing a brand and to some extent a mission but operating semi-independently?

With the likely departure of Ezra Klein from The Washington Post, the management of one of our last great newspapers might be showing signs of preferring the former approach. Klein, who founded and runs the widely read Wonkblog at washingtonpost.com, is reportedly leaving for a new venture, as yet undefined. According to Ravi Somaiya in The New York Times, Klein sought an eight-figure Post investment in the new project. Klein already has his own Wonkblog staff, but clearly he has something much bigger in mind — perhaps an all-purpose independent news organization along the lines of Talking Points Memo. (Although it wouldn’t be called Wonkblog — the Post owns the name and will be keeping it, writes The Huffington Post’s Michael Calderone, who broke the news about Klein’s proposal last month.)

We can’t know everything that went into the decision. Maybe it came down to money. But Wonkblog generates a hefty amount of Web traffic — more than 4 million page views a month, according to a profile of Klein in The New Republic last February. “It’s ‘fuck you traffic,’” a Post source told TNR’s Julia Ioffe. “He’s always had enough traffic to end any argument with the senior editors.” Apparently, that’s no longer the case.

Significantly, the Times reports that new Post owner Jeff Bezos was involved in the decision to let Klein leave. Last September, shortly after announcing his intention to buy the Post for $250 million, the Amazon.com founder lauded the “daily ritual” of reading the morning paper — which led to some chiding by one of the Post’s own journalists, Timothy B. Lee. Despite Bezos’ well-earned reputation as a clear-eyed digital visionary, he appears to have some romantic notions about the business he’s bought into. And allowing entrepreneurs such as the twentysomething Klein run his own shop inside the Post might not fit with that vision.

What makes the likely Klein departure even more significant is that in 2006 the Post, under the ownership of the Graham family, allowed John Harris and Jim VandeHei to walk out the door and start Politico. Now, I have a lot of problems with Politico’s gossipy “drive the day” approach. But as Times columnist Ross Douthat has observed, much of the media conversation about Washington politics has shifted from the Post to Politico, threatening one of the Post’s franchises. It would have been enormously beneficial to the Post if Politico had been launched under its own umbrella. And Politico itself might be better.

So if the Post is reluctant to loosen the reins, are there any other news organizations that are taking a different approach? Walt Mossberg and Kara Swisher walked away from their AllThingsD site at The Wall Street Journal and set up a new project called Re/code in partnership with NBC. Perhaps the most famous example is Nate Silver, who brought his FiveThirtyEight poll-analysis site to The New York Times a few years ago and then moved it lock, stock and barrel to ESPN. In that regard, I suppose you could say NBC and ESPN have embraced the network approach. To some extent you might say also that of The Huffington Post, as it combines professional journalists, unpaid bloggers (I’m one) and a dizzying array content — from Calderone’s excellent media coverage to the notorious Sideboob vertical.

Jeff Jarvis recently argued that Patch — AOL’s incredibly shrinking hyperlocal news project — might have stood a chance if AOL chief executive Tim Armstrong had taken a network approach. Rather than running cookie-cutter community sites from the top down, Jarvis asked, what if Patch had offered advertising and support services to a network of independent or semi-independent sites?

The problem with such scenarios is that media executives — and business leaders in general — are not accustomed to the idea of giving up control. Calderone reports that some Post staffers have long grumbled at what they see as “preferential treatment” for Klein, which suggests the depth of the problem. But entrepreneurial journalists like Harris and VandeHei, like Mossberg and Swisher, and like Silver and Klein have a proven track record.

Legacy news organizations need to find a way to tap into that success outside the old models of ownership and not worry about obsolete notions of employer-employee relationships. Reach and influence are what matter. And they are proving to be incompatible with the ambitions of young journalists like Ezra Klein.

More: After this piece was published at Nieman, Mathew Ingram responded at Gigaom with his own smart take.

Explanatory journalism you can dance to

http://www.youtube.com/watch?v=Ki7zb8HbQPc

Back in September, during his first visit to The Washington Post, incoming owner Jeff Bezos identified an online feature called “9 questions about Syria you were too embarrassed to ask” as an example of the kind of journalism he likes.

So here we are four months later, and the Post has run a feature called “9 questions about South Sudan you were too embarrassed to ask.” Both pieces were written by foreign-affairs blogger Max Fisher. Like the earlier article, the South Sudan post includes an easy-to-understand explanation of why South Sudan has descended into chaos, how it became a country and — yes — a musical interlude.

The print version, by the way, features only five questions — and, of course, no Queen Zee.

Both the Syria and South Sudan posts are good examples of an old axiom — rather than complaining that what’s important often isn’t interesting, journalists should instead find ways to make the important interesting.

Swartz case leads Media Nation’s top 10 of 2013

Aaron Swartz speaking in 2012
Aaron Swartz speaking in 2012

Last January, not long after the young Internet genius Aaron Swartz committed suicide, civil-liberties lawyer Harvey Silverglate wrote powerfully about the abusive prosecutorial tactics that may have led to his death.

Swartz faced a lengthy federal prison sentence for downloading academic articles at MIT without authorization. Even though the publisher, JSTOR, declined to press charges, U.S. Attorney Carmen Ortiz brought a case agains Swartz under the Computer Fraud and Abuse Act. As Silverglate put it, the law is “a notoriously broad statute enacted by Congress seemingly to criminalize any use of a computer to do something that could be deemed bad.”

Silverglate’s article was republished in Media Nation with the permission of Massachusetts Lawyers Weekly, where it originally appeared. And it was far and away the most viewed article in Media Nation in 2013.

Today we present Media Nation’s top 10 posts for 2013, based on statistics compiled by WordPress.com. They represent a range of topics — from the vicissitudes of talk radio to a media conflict of interest, from Rolling Stone’s controversial cover image of accused Boston Marathon bomber Dzhokhar Tsarnaev to the sad, sudden death of The Boston Phoenix.

The top 10 is by no means representative of the year in media. Certainly the biggest story about journalism in 2013 involved the National Security Agency secrets revealed by Edward Snowden to The Guardian and The Washington Post — a story that did not make the cut at Media Nation.

Here, then, is our unrepresentative sample for the past 12 months.

1. Harvey Silverglate on the Aaron Swartz case (Jan. 24). Few people were more qualified to weigh in on U.S. Attorney Ortiz’s abusive tactics than Silverglate, my friend and occasional collaborator, who several years ago wrote “Three Felonies a Day,” a book on how the federal justice system has spun out of control. But Silverglate’s take wasn’t the only article about Swartz to generate interest in Media Nation. The aftermath of Swartz’s suicide also came in at No. 11 (“The Globe turns up the heat on Carmen Ortiz,” Jan. 11) and No. 13 (“Aaron Swartz, Carmen Ortiz and the meaning of justice,” Jan. 14). In a bit of poetic justice, a project Swartz was working on at the time of his death — software that allows whistleblowers to submit documents without being identified — was unveiled by The New Yorker just several months after his suicide.

2. The New Republic’s new owner crosses a line (Jan. 28). A little more than a year ago, the venerable New Republic was saved by Chris Hughes, a co-founder of Facebook who is using some of his fortune to restore the magazine to relevance and fiscal health. But he crossed an ethical line last January when he took part in an interview with President Obama, whose campaign he had worked on, and tossed a series of softball questions his way. At the time I wrote that Hughes was guilty of “no more than a minor misstep.” So how did it rise to No. 2? It turns out that a number of right-leaning websites picked up on it, bringing a considerable amount of traffic to Media Nation that I normally don’t receive.

3. Dailies go wild over sports controversies (Aug. 30). Four months after publishing this item, I find it hard to make heads or tails of what was going on. But essentially Globe-turned-Herald sportswriter Ron Borges contributed to a Rolling Stone article on the Aaron Hernandez murder case, which generated some tough criticism from both the Globe and the well-known blog Boston Sports Media Watch. That was followed almost immediately by a Globe article on the ratings collapse of sports radio station WEEI (AM 850), which brought yet more tough talk from, among others, ’EEI morning co-host Gerry Callahan, who also happens to write a column for the Herald. Yes, Boston is a small town.

4. Rolling Stone’s controversial cover (July 17). I thought it was brilliant. I still do. The accusion that Rolling Stone was trying to turn Dzhokhar Tsarnaev into some sort of pop-culture hero is absurd and offensive — and not borne out by the well-reported article that the cover was designed to illustrate.

5. Glenn Ordway walks the ratings plank (Feb. 14). Ordway built sports talker WEEI into a ratings monster only to see its numbers crater in the face of competition from the Sports Hub (WBZ-FM, 98.5). Ordway was by no means the problem with WEEI. But station management decided it could no longer afford his $500,000 contract, and so that was it for the Big O.

6. A big moment for The Boston Globe (Dec. 17). It was actually a big year for the Globe, from its riveting coverage of the marathon bombing and the standoff that led to the arrest of Dzhokhar Tsarnaev to the paper’s acquisition by Red Sox principal owner John Henry. But two days in mid-December were emblematic of the paper’s continuing excellence and relevance — a long, detailed exposé of the Tsarnaev family that revealed Dzhokhar, rather than his older brother, Tamerlan, may have been the driving force behind the bombing; an investigation into a case of alleged “medical child abuse” that pitted a Connecticut family against Children’s Hospital; and a nationally celebrated series of tweets by staff reporter Billy Baker about a Boston teenager from a poor family who had been admitted to Yale.

7. The Boston Phoenix reaches the end of the road (March 14). A stalwart of the alternative-weekly scene and my professional home from 1991 to 2005, the Phoenix was a voice of incalculable importance. But with even the legendary Village Voice struggling to survive, the alt-weekly moment may have passed. At the time of its death, the Phoenix had more than 100,000 readers — but little revenue, as advertising had dried up and both the print edition and the website were free. I scribbled a few preliminary thoughts in this post, and later wrote something more coherent for PBS MediaShift.

8. The return of Jim Braude and Margery Eagan (Feb. 6). Eagan and Braude’s morning show was the one bright spot on WTKK Radio, an otherwise run-of-the-mill right-wing talk station that had been taken off the air a month earlier. So it was good news indeed when the pair was hired to host “Boston Public Radio” from noon to 2 p.m. on public station WGBH (89.7 FM). (Note: (I am a paid contributor to WGBH-TV’s “Beat the Press,” where Eagan is a frequent panelist.)

9. Joe Scarborough grapples with history — and loses (Feb. 17). Asking cable blowhard Scarborough to write a review for The New York Times Book Review about the relationship between Dwight Eisenhower and Richard Nixon could have been a smart, counterintuitive move. But it only works if the writer in question is, you know, smart.

10. The bell tolls for WTKK Radio (Jan. 3). As I already mentioned, Jim Braude and Margery Eagan were able to walk away from the rubble of WTKK, which was shut down by corporate owner Greater Media and turned into an urban music station. Just a few years earlier the station had been a ratings success with trash-talking hosts like Jay Severin and Michael Graham. But tastes change — sometimes for the better.

Photo (cc) by Maria Jesus V and published under a Creative Commons license. Some rights reserved.

Richard Cohen, piled high and deep

If you read only one commentary on Richard Cohen’s wretched Washington Post column of Tuesday, in which he appears to endorse the view that people with “conventional” views are nauseated at the sight of interracial couples, read this, by Ta-Nehisi Coates of The Atlantic.

As Coates reminds us, Cohen has stepped in it over race again and again over the years, and invariably tells us that his feelings are hurt at the idea that anyone might think he holds racist views. Time for the gold watch, Mr. Cohen. Actually, no — just leave, OK?

Marty Baron on the rise of specialized communities

Marty Baron at The Washington Post. Click on image to watch interview.
Marty Baron at The Washington Post. Click on image to watch interview.

Based on recent statements they’ve made, I’m wondering if Washington Post executive editor Marty Baron may have a more sophisticated view of what the Internet has done to newspapers than the Post’s incoming owner, Amazon.com founder Jeff Bezos.

Bezos, who visited the Post’s newsroom earlier this month, seemed to endorse a classic paywall model, arguing that he was convinced people were willing to pay for the “daily ritual bundle” that The Washington Post represents. That brought a retort from Post blogger Timothy B. Lee, who wrote:

That daily ritual got blown up for good reason. Trying to recreate the “bundle” experience in Web or tablet form means working against the grain of how readers, especially younger readers, consume the news today. In the long run, it’s a recipe for an aging readership and slow growth.

Indeed, many news observers have been arguing for years that one of the Internet’s most profound effects on journalism is “disaggregation” — that in a post-industrial environment, with news no longer tied to the enormous costs of printing and distribution, it makes no sense for international and local news, obituaries and comics, grocery store coupons and the crossword puzzle all to appear in the same place.

Baron, the editor of The Boston Globe until late last year, comes up with another metaphor, not original to him but nevertheless key to understanding what has happened — the decline of geographic communities and the rise of communities built around shared interests. In an interview with fellows from the Joan Shorenstein Center for the Press, Politics and Public Policy, at Harvard’s Kennedy School, Baron talks about the difficulty of putting together (to cite one example) a newspaper sports section for Red Sox fans when there are speciality media devoted to nothing but sports.

This development, Baron says, was furthered by the rise of Twitter and other social media, which bring readers in to a news site to read just one article. How can news organizations make money from that? Baron puts it this way:

My sense is that people are going to their passions. Their passions aren’t always based on geography. Newspapers have traditionally been based on geography. We have a community here. We have a community in Miami, a community in Boston, a community in Los Angeles. The assumption was that people were members of that community actually would want to have a product that covered the full range of things in that community. What I observed over time was that, in fact, the sense of community wasn’t nearly as strong as the other passions that people had. In fact, community wasn’t necessarily such a strong passion. It was much more important to them that they were an aficionado of a particular type of music, or that they were a member of a particular religious denomination or that they were obsessed with a particular sports team, than the fact that they lived in Los Angeles.

Unlike some journalists, Baron thinks it was perfectly logical to give away news for free in the early years of the Internet, both because of the need to get big online in a hurry and because there was every reason to believe that advertising would pay the bills. It was only after ad revenues failed to materialize (and even began to drop because of the ubiquity of online ads), he says, that news organizations reluctantly moved to paywalls.

The transcript of Baron’s full interview is here, and it is well worth reading — or watching, as there is a video version of the interview as well.

Baron was one of 61 people interviewed for “Riptide,” a project carried out by Shorenstein fellows John Huey, Martin Nisenholtz and Paul Sagan. (The site was designed by the Nieman Journalism Lab, which also hosts it — but which played no role in the editorial content, as Lab director Joshua Benton explains.) “Riptide” is a comprehensive, valuable resource — but it has proved to be controversial since its release because it’s not comprehensive enough.

As Kira Goldenberg writes for the Columbia Journalism Review, all but five of the 61 interview subjects are men, and only two of the subjects are non-white. Goldenberg says that efforts have begun to produce a counter-report that will be more diverse. In offering a few nominations of her own, Northeastern University graduate student Meg Heckman adds:

It’s unfortunate that, in telling the latest chapter of journalism history in a fresh, narrative format, the authors of Riptide make an old mistake by continuing to devalue the contributions of women.

My own view is that “Riptide” represents a good start — but that there’s no reason for Huey, Nisenholtz and Sagan not to keep going so that it eventually grows into a truly comprehensive, diverse history of how the Internet disrupted journalism.

(Disclosures, of which there are several: I am an unpaid contributing writer for the Nieman Journalism Lab. I have long had a friendly relationship with folks at the Nieman Foundation and at the Shorenstein Center. Heckman is a student of mine, and I am a student of hers.)

A new book, and an event for “The Wired City”

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wasn’t ready to announce this, but Mark Shanahan of The Boston Globe beat me to it. My next book will be about a new era of newspaper owners and how they are going about remaking their struggling businesses.

The book will focus on Amazon.com founder Jeff Bezos, who is in the process of buying The Washington Post; Red Sox principal owner John Henry, who’ll soon add the Globe to his holdings; and Aaron Kushner, a businessman who tried to buy the Globe and then Maine’s Portland Press Herald before reeling in the Orange County Register. It’s a logical next step in my research into new ways of paying for journalism.

The idea grew out of conversations with Steve Hull, an acquisitions editor at University Press of New England. We’d been trying to do business together for a couple of years, pitching possible projects back and forth. There’s no contract at the moment, but I expect to write the book for a yet-to-be-named new trade division of UPNE. No, I won’t tell you the working title, and I expect it will change long before the publication date — probably sometime in 2016.

Meanwhile, I still have a current book to flog. I’ve got a few events coming up for “The Wired City” in the next month, including one at the Boston law firm of Prince Lobel this Thursday at 5:30 p.m. It’s free, and you can RSVP here. Cosponsors are the New England First Amendment Coalition and the New England chapter of the Society of Professional Journalists.

“The Wired City” was published by University of Massachusetts Press, an academic publisher I would recommend to anyone. I’ve had a great relationship with acquisitions editor Brian Halley, publicist Karen Fisk and company, and I can’t say enough good things about them.

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

Bezos voices skepticism on paywalls, advertising

Jeff Bezos
Jeff Bezos

Two quick takeaways from Jeff Bezos’ interview with The Washington Post, his first since announcing last month that he would purchase the paper for $250 million:

1. He sounds like an ink-stained wretch whining about The Huffington Post in denouncing the evils of aggregation, telling the Post’s Paul Fahri:

Even behind a paywall, Web sites can summarize your work and make it available for free. From a reader point of view, the reader has to ask, “Why should I pay you for all that journalistic effort when I can get it for free” from another site?

2. Despite his  skepticism about paywalls in the age of aggregation, Bezos is not ready to embrace the idea of free content supported by advertising. “I’m skeptical of any mission that has advertisers at its centerpiece,” he said. Good thing: newspaper ad revenues are in the midst of a stunning decline, as this chart demonstrates.

So, if paywalls aren’t the answer and neither is advertising, what will work? Relentless experimentation, combined with time, resources and patience. That’s what the Amazon.com founder brings to the table.

Photo (cc) via Wikimedia Commons.

Hold the uplift, and make that shower extra hot

9780399161308_custom-4ec8d3a4e862d4dbc42dedad106a97aecb8dda44-s2-c85Earlier this month my wife and I were watching the news when Patrick Leahy came on to talk about something or other — I don’t remember what.

Leahy, 73, has been a Democratic senator from Vermont for nearly four decades. Normally that stirs up feelings that, you know, maybe it’s time for the old man to go back to the dairy farm and watch his grandchildren milk the cows.

But I had been reading Mark Leibovich’s “This Town.” And so I felt a tiny measure of admiration for Leahy stirring up inside me. He hadn’t cashed in. (His net worth — somewhere between $49,000 and $210,000 — makes him among the poorer members of the Senate, according to the Center for Responsive Politics.) He hasn’t become a lobbyist. He apparently intends to die with his boots on.

That amounts to honor of a sort in the vomitrocious Washington that Leibovich describes in revolting detail — a town of sellouts and suckups (“Suckup City” was one of his working titles), a place where the nation’s business isn’t just subordinate to the culture of money and access, but is, at best, an afterthought.

If you plan to review a book, you shouldn’t “read” the audio version. I have no notes, no dog-eared pages to refer to. So consider this not a review so much as a few disjointed impressions of “This Town,” subtitled “Two Parties and a Funeral — Plus, Plenty of Valet Parking! — in America’s Gilded Capital.”

Mark is an old acquaintance. He and I worked together for a couple of years at The Boston Phoenix in the early 1990s before he moved on to the San Jose Mercury News, The Washington Post and, finally, The New York Times. (Other former Phoenicians who’ve reviewed “This Town”: Peter Kadzis in The Providence Phoenix and Marjorie Arons-Barron for her blog.)

There are many good things I could say about Mark and “This Town,” but I’ll start with this: I have never known anyone who worked harder to improve. It was not unusual for me to leave the Phoenix in the evening while Mark was working on an article — and to come back the next morning to find him still at it. The result of all that labor is a finely honed sense of craft that most of us can only aspire to.

As virtually every reviewer has pointed out, “This Town” begins with a masterful description of the funeral service for “Meet the Press” impresario Tim Russert, an ostensibly mournful occasion that provided the media and political classes in Washington with an opportunity to carry out the real business of their community: talking about themselves and checking their place in the pecking order.

There are so many loathsome characters in “This Town” that you’d need an index to keep track of them all. And Leibovich puckishly refused to provide one, though The Washington Post published an unofficial index here. For my money, though, the lowest of the low are former senator Evan Bayh and former congressman Dick Gephardt — Democrats who left office but stayed in Washington to become highly paid lobbyists. Bayh, with his unctuously insincere laments over how broken Washington had become, and Gephardt, who quickly sold out every pro-labor position he had ever held, rise above (or descend below) a common streetwalker like Chris Dodd, who flirted not very convincingly with becoming an entrepreneur before entering the warm embrace of the film industry.

Also: If you have never heard of Tammy Haddad, Leibovich will remove your innocence. You will be sadder but wiser.

Because Mark is such a fine writer, he operates with a scalpel; those of us who have only a baseball bat to work with can only stand back in awe at the way he carves up his subjects. Still, I found myself occasionally wishing he’d grab his bat and do to some of these scum-sucking leeches what David Ortiz did to that dugout phone in Baltimore.

Mike Allen of Politico, for instance, comes off as an oddly sympathetic character despite the damage he and his news organization have done to democracy with their focus on politics as a sport and their elevation of trivia and gossip. (To be sure, Leibovich describes that damage in great detail.) I could be wrong, but it seems to me that that Mark was tougher on Allen in a profile for the Times Magazine a few years ago.

Thus I was immensely pleased to hear Mark (or, rather, narrator Joe Barrett) administer an old-fashioned thrashing to Sidney Blumenthal. It seems that Blumenthal, yet another former Phoenix reporter, had lodged a bogus plagiarism complaint against Mark because Blumenthal had written a play several decades ago called “This Town,” which, inconveniently for Sid Vicious, no one had ever heard of. More, please.

I also found myself wondering what Leibovich makes of the Tea Party and the Republican Party’s ever-rightward drift into crazyland. The Washington of “This Town” is rather familiar, if rarely so-well described. The corruption is all-pervasive and bipartisan, defined by the unlikely (but not really) partnership of the despicable Republican operative Haley Barbour and the equally despicable Democratic fundraiser Terry McAuliffe.

No doubt such relationships remain an important part of Washington. But it seems to me that people like Rand Paul, Ted Cruz and their ilk — for instance, the crazies now talking about impeaching President Obama — don’t really fit into that world. And, increasingly, they’re calling the shots, making the sort of Old Guard Republicans Leibovich writes about (Republicans like John Boehner and Mitch McConnell, for instance) all but irrelevant.

But that’s a quibble, and it would have shifted Mark away from what he does best: writing finely honed character studies of people who have very little character. “This Town” is an excellent book that says much about why we hate Washington — and why we’re right to keep on doing so. Hold the uplift. And make sure the shower you’ll need after reading it is extra hot.

What happened at The Guardian could happen here

Chief_Justice_Charles_Evans_Hughes
Charles Evans Hughes

This commentary was first published at The Huffington Post.

As you have no doubt already heard, Alan Rusbridger, editor of The Guardian, wrote on Monday that British security agents recently visited the newspaper’s headquarters and insisted that hard drives containing leaked documents from Edward Snowden be smashed and destroyed in their presence. The incident, Rusbridger said, took place after a “very senior government official” demanded that the materials either be returned or disposed of.

Rusbridger’s report followed the nearly nine-hour detention of Glenn Greenwald’s partner, David Miranda, at London’s Heathrow Airport. Greenwald has written the bulk of The Guardian’s articles about the Snowden documents, and Miranda had been visiting filmmaker Laura Poitras, who has worked extensively with Snowden and Greenwald, in Berlin.

We are already being told that such thuggery couldn’t happen in the United States because of our constitutional protections for freedom of the press. For instance, Ryan Chittum of the Columbia Journalism Review writes, “Prior restraint is the nuclear option in government relations with the press and unfortunately, the British don’t have a First Amendment.”

But in fact, there is nothing to stop the U.S. government from censoring the media with regard to revelations such as those contained in the Snowden files — nothing, that is, except longstanding tradition. And respect for that tradition is melting away, as I argued recently in this space.

The case for censorship, ironically, was made in a U.S. Supreme Court decision that severely limited the circumstances under which the government could censor. The decision, Near v. Minnesota (1931), was a great victory for the press, as the ruling held that Jay Near could not be prohibited from resuming publication of his scandal sheet, which had been shut down by state authorities (of course, he could be sued for libel after the fact).

What’s relevant here is how Chief Justice Charles Evans Hughes described the limited circumstances under which the government could engage in prior restraint:

No one would question but that a government might prevent actual obstruction to its recruiting service or the publication of the sailing dates of transports or the number and location of troops. On similar grounds, the primary requirements of decency may be enforced against obscene publications. The security of the community life may be protected against incitements to acts of violence and the overthrow by force of orderly government.

The text I’ve bolded means that the government may, in fact, engage in censorship if by so doing it would prevent a breach of national security so grave that it could be likened to the examples cited by Hughes. That’s what the Nixon administration relied on in seeking to stop The New York Times and The Washington Post from publishing the Pentagon Papers in 1971.

The Supreme Court, in allowing publication of the Pentagon Papers to resume (New York Times Co. v. United States), wrestled extensively with Near v. Minnesota, and ultimately decided that revealing the government’s secret history of the Vietnam War did not amount to the sort of immediate, serious breach of national security that Hughes envisioned.

But who knows what the court would say if the Obama administration took similar action against The Washington Post, which has published several important reports based on the Snowden documents — including last week’s Barton Gellman bombshell that the National Security Agency had violated privacy protections thousands of times?

Unlike the Pentagon Papers, the Snowden documents pertain to ongoing operations, which cuts in favor of censorship. Cutting against it, of course, is that there’s a strong public-interest case to be made in favor of publication, given the long-overdue national debate that Snowden’s revelations have ignited.

The bottom line, though, is that there is no constitutional ban that would prevent the White House from seeking to stop publication of the Snowden documents — even if U.S. officials are unlike to engage in the sort of theatrics that reportedly took place in The Guardian’s basement.

(Disclosure: I wrote a weekly online column for The Guardian from 2007 to 2011.)

Gene Weingarten’s presumptuous lecture

I’m genuinely puzzled by all the praise this Gene Weingarten column in The Washington Post has received. Not that the collapse of the news business is Weingarten’s fault, but I’m put off by the finger-wagging, lecturing tone — the exemplar of a failed industry presuming to instruct the visionary who just might save his job. Just listen to us, Jeff, and you’ll be fine! I assume Bezos will not take his advice.