Thinking through what’s next following The Washington Post’s Alito debacle

Justice Sam Alito. Photo (cc) 2017 by JoshEllie1234.

A few quick follow-ups on The Washington Post’s mind-boggling failure (free link) to report that an insurrectionist flag was flying outside Supreme Court Justice Sam Alito’s home when the paper discovered it way back in January 2021:

• As I’ve written previously, news organizations never should have gotten rid of their public editors, also known as ombudsmen. A number of these positions disappeared when newspapers were shrinking and losing money. But though some newspapers that eliminated their public editors have returned to profitability, including The New York Times and The Boston Globe, the Post is in dire straits these days. Too bad. A public editor could demand answers as to why a story wasn’t published at the time and how it happened to surface right now.

• Speaking of which — why now? What happened? According to the Post’s own story on Saturday, the flag was verified by its now-retired Supreme Court reporter, Robert Barnes. Given that the court is taking some important cases related to the insurrection, did Barnes contact the newsroom to remind them?

• The Post’s executive editor, Marty Baron, announced in late January 2021 that he was retiring, and he left the paper about a month later. Baron was someone who was seemingly on top of everything, but if there was ever a time when he was giving the Post less than his full attention, this would have been the moment. Conversely, the Post was caught up reporting on the actual events of the attempted insurrection of Jan. 6. At that moment, the Alito matter may have seemed like a sidebar to a sidebar.

• As deep as the Post’s failure may have been, it may have done little damage in the long run. Alito wouldn’t have recused himself from insurrection-related cases then, and at that point there weren’t any. Nor will he now. But with Jan. 6-related cases finally coming before the court, and at a time when Justice Clarence Thomas’ corruption has been fully exposed, the story that insurrectionist flags appeared over two of the Alitos’ homes may hit harder now than it would have three and a half years ago.

• All of this serves as a reminder that no matter what you think of the three justices appointed by Donald Trump (Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett), the two worst were appointed by the Bushes — Thomas by George H.W. Bush and Alito by George W. Bush.

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The Washington Post knew about one of the Alitos’ insurrectionist flags

Shocking news from — and about — The Washington Post: the paper knew (free link) that an insurrectionist flag was flying over Supreme Court Justice Sam Alito’s house in January 2021, right after the attempted coup, and didn’t publish anything. From today’s Post story:

The Post decided not to report on the episode at the time because the flag-raising appeared to be the work of Martha-Ann Alito, rather than the justice, and connected to a dispute with her neighbors, a Post spokeswoman said. It was not clear then that the argument was rooted in politics, the spokeswoman said.

Needless to say, whenever something is “not clear,” that can often be rectified with reporting.

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Globe columnist Kimberly Atkins Stohr calls for the return of the public editor

Boston Globe columnist Kimberly Atkins Stohr calls for the return of the ombudsperson, sometimes known as the public editor — an in-house journalist who holds their own news organization to account. As she observes, at one time such positions were common at large media outlets such as The Washington Post, The Boston Globe and The New York Times.

They were eliminated, for the most part, when financial pressures made such a position seem like an unaffordable luxury. But as Stohr argues, with the Times and the Globe once again profitable and growing, “They can easily bring them back as a signal that they value public trust.” (Note: Stohr interviewed me.)

I suggested the Globe bring back its ombudsperson last spring after the paper published an extensive correction about a story involving top executives at the MBTA who were reportedly working from distant locales. Instead, the Globe fired the lead reporter, Andrea Estes, and has never really offered an explanation as to what went wrong. Estes, a respected investigative journalist, is now working at the Plymouth Independent, a new nonprofit edited by Mark Pothier, himself a former top Globe editor.

As far as I know, the only major news organization that still has a public editor is NPR, where those duties are carried out by Kelly McBride, who’s also senior vice president at the Poynter Institute. Meanwhile, as Stohr writes, the Times is increasingly under fire on social media from liberal critics who complain that the paper normalizes Donald Trump by treating him like a typical presidential candidate rather than as someone facing 91 criminal charges who attempted to foment an insurrection. I largely share that critique, although I think some of it is overblown.

The presence of a public editor, Stohr writes, “can help journalists be more self-aware while not placing the burden of public criticism on individual reporters, who are usually not in a position to make the sort of organization-wide changes that are often necessary to restore public confidence.”

The public editor was not a perfect institution by any means. Partly it depends on the skill of the person doing it. The Times’ next-to-last public editor, Margaret Sullivan, was the best I can think of, and Stohr quotes a post Sullivan wrote on Twitter/X arguing that the Times needs to bring that position back. Partly it depends on how willing top editors are to provide access. (Sullivan, who still writes media criticism for The Guardian and her own newsletter, is now executive director at the Craig Newmark Center on Journalism Ethics & Security at the Columbia School of Journalism.)

But there are certain things an in-house critic can do that an outside commentator can’t. A public editor has the time to dig deeply and, if they have the cooperation and support of the top leadership, can make a real contribution in helping the public understand why certain decisions are made. And, sometimes, what the story was behind mistakes and misjudgments.

More: There is still an Organization of News Ombudsmen, though I don’t know how active it is. If you look at the U.S. members, you’ll see that most of them hold titles like “managing editor for standards.” I should have noted that PBS has a public editor, Ric Sandoval-Palos.

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Reasons for optimism amid a startling run of newsroom cuts

I spoke with CNN’s Jon Passantino via email today for a story in the Reliable Sources newsletter about some causes for hope amid a startling run of newsroom cuts. Here’s what I said:

“Billionaire newspaper ownership is coming under fire lately because of [Los Angeles Times owner Patrick] Soon-Shiong’s fecklessness and because Jeff Bezos has hit a few bumps with the [Washington] Post, although I think that will prove to be temporary,” Kennedy told CNN, pointing to recent successes at The Minneapolis Star Tribune and The Boston Globe newspapers.

“There are reasons to be optimistic given the hundreds of independent local news organizations that have sprouted up in recent years,” he said. “The challenge is that coverage at the hyperlocal level is hit or miss, as some communities are well-served and others — especially in rural areas and in urban communities of color — tend to be overlooked.”

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The Washington Post’s new publisher drops some hints

For those of us who are wondering how The Washington Post’s new publisher, William Lewis, plans to revive Jeff Bezos’ sagging paper, he provided a few hints over the weekend at Davos. He talked about doing more to surface Post journalism that tends to be buried under the paper’s investigative reporting and voluminous coverage of politics. Specific areas he identified are “climate, well-being and sports,” according to Semafor (scroll down to “The Post’s Smorgasbord.”)

Climate makes sense because the Post has made it a real priority, and it may be one of the few areas in which the paper can distinguish itself from The New York Times, although the Times’ climate coverage is excellent as well. Well-being? Does Lewis really want to compete with the Times’ Well section? As for sports, maybe Lewis sees an opportunity given that the Times has offloaded its sports coverage to its subsidiary The Athletic and that Sports Illustrated may be on the verge of going under. Here’s a thought: Why not acquire SI and run it as a Post vertical?

Lewis also talked about dynamic pricing for subscriptions. I have no idea what that means except that it generally refers to charging some people more than others.

The overall strategy, as Semafor describes it, is to “focus on improving the packaging of the Washington Post’s existing journalism, rather than expensive new initiatives.” No surprise — the money-losing paper is unlikely to go on a hiring spree right after cutting 240 jobs. And it still has one of the largest newsrooms in the country.

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How the NY Times over-interprets its reporting about billionaire media owners

Jeff Bezos. Photo (cc) 2019 by Daniel Oberhaus.

The New York Times has published a story (free link) that calls into question the rise of billionaires who own news organizations, noting that The Washington Post under Jeff Bezos, the Los Angeles Times under Patrick Soon-Shiong and Time magazine under Marc Benioff are all losing money. True enough. My problem with the story is that reporters Benjamin Mullin and Katie Robertson try too hard to impose an ubertake when in fact there’s important background with each of those examples. Mullin and Robertson write:

All three newsrooms greeted their new owners with cautious optimism that their business acumen and tech know-how would help figure out the perplexing question of how to make money as a digital publication.

But it increasingly appears that the billionaires are struggling just like nearly everyone else. Time, The Washington Post and The Los Angeles Times all lost millions of dollars last year, people with knowledge of the companies’ finances have said, after considerable investment from their owners and intensive efforts to drum up new revenue streams.

The role of wealthy newspaper owners is something of ongoing interest to me. My last book, “The Return of the Moguls” (2018), focused on the Post, The Boston Globe and the Orange County Register in Southern California, owned by a rich Boston-area businessman named Aaron Kushner. At the time the book came out, the Post was flying high, the Globe was muddling along and the Register was failing; it eventually fell into the hands of the slash-and-burn hedge fund Alden Globe Capital. The Post’s and the Globe’s fortunes have since moved in opposite directions.

Here are the particulars that get glossed over in Mullin and Robertson’s attempt to impose an overarching framework:

• Bezos, who bought the Post in 2013, made deep investments in technology and built up the staff. The result was years of growth and profits, which only came sputtering to a halt after Donald Trump left the White House. Former executive editor Marty Baron, in his book “Collision of Power,” suggests that, over time, a disciplined approach to hiring became more lax. In other words, the Post got ahead of itself and is now in the midst of a reset. A new publisher, William Lewis, begins work this month, and we’ll see if he can articulate a strategy that amounts to more than “just like the Times only not as comprehensive.”

• Benioff bought a dog and, predictably, it’s going “woof woof.” Time was the largest of the Big Three newsweeklies, along with Newsweek and U.S. World & News Report; it’s also the only one of the three that still exists in a somewhat recognizable form. Newsweeklies succeeded because, pre-internet, you couldn’t get great national papers like the Times, the Post and The Wall Street Journal delivered to your doorstep. Not only is there no discernible reason for them to exist anymore, but the leading newsweekly these days, at least in terms of cachet, is The Economist.

• Not all billionaire owners are in it for the right reasons, and Soon-Shiong has proven to be an uncertain leader. Does he care about the Los Angeles Times or not? He’s built it up; now he’s tearing it down. He recently pushed out his executive editor, Kevin Merida, the most prominent Black editor in the country, and he’s done some truly awful things such as delivering Tribune Publishing’s papers to Alden Global Capital and more recently selling The San Diego Union-Tribune to Alden.

So what does that tell us about billionaire owners? Not much. As Mullin and Robertson acknowledge, some are doing just fine, including The Boston Globe under John and Linda Henry and The Atlantic under Laurene Powell Jobs. They could have also mentioned the Star Tribune of Minneapolis under Glen Taylor or, for that matter, The New York Times, a publicly traded company that is nevertheless under the tight control of the Sulzberger family. I don’t think the Sulzbergers are billionaires, but they are not poor.

At the moment, it seems that the only two viable models for large regional dailies is individual ownership by wealthy people who are willing to invest in future profitability and nonprofit ownership, either in the form of a nonprofit organization owning a for-profit paper, as with The Philadelphia Inquirer and the Tampa Bay Times, or a paper that goes fully nonprofit, as with The Salt Lake Tribune and The Baltimore Banner. The Banner is a digital startup that nevertheless is attempting to position itself as a comprehensive replacement for The Baltimore Sun. The Sun, in turn, was one of the Tribune papers that Soon-Shiong helped gift-wrap for Alden, and just this past week was sold to right-wing television executive David Smith.

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Marty Baron says news outlets should consider suing their tormenters for libel

Photo (cc) 2017 by Álvaro García Fuentes

Retired Washington Post executive editor Marty Baron writes about an unusual idea in his recent book, “Collision of Power.” Baron thinks that the time has come for news organizations to turn the tables on their tormenters and sue them for libel. Think of it like Dominion Voting System’s lawsuit against Fox News, which brought a $787.5 million settlement, except that the plaintiff would be a media outlet rather than a voting-machine company.

In his book, Baron observes that Donald Trump and Ron DeSantis have both suggested that the law should be changed to make it easier for public officials and public figures to bring (and win) libel suits. He writes:

Legacy media have always vigorously defended against libel suits. Rarely have they brought defamation lawsuits of their own. What good could come of pursuing the sort of litigation we deplored? However, those who smear us find comfort in the expectation that, while we might complain, we’re unlikely to sue. We have rendered ourselves sitting ducks for slander.

I don’t want mainstream journalists to behave like warriors in the practice of their craft, but neither do I want us to suffer attacks on our character without fighting back. Winning in the court of public opinion may require, at times, going to court. If DeSantis, and copycat governors, make it easier for defamation plaintiffs to prevail, perhaps we should make some of those victories our own.

The reason I’m bringing this up now is that Baron expanded on the idea in a recent appearance on “Double Take,” a podcast produced by Newton Investment Management. Baron was interviewed by two Newton analysts, Rafe Lewis (formerly of The Boston Globe) and Jack Encarnacao (formerly of the Boston Herald). It’s a sharp interview, and well worth a listen.

As befits a podcast hosted by a financial firm, much of the conversation covered the revival of The Washington Post as a business under the ownership of Jeff Bezos. Unfortunately, the Post has gone backwards since Baron departed, and neither Lewis nor Encarnacao asked him about it. No doubt if they had, Baron would have simply said he’s not there anymore. But the Post lost a reported $100 million in 2023 and is shedding staff with the same alacrity that it was adding bodies a few years ago.

A new publisher, William Lewis, began work this month. In “Collision of Power,” Baron offers a mixed assessment of Lewis’ predecessor, Fred Ryan. Perhaps Lewis, a former publisher of The Wall Street Journal and CEO of Dow Jones, will come up with a strategy for Post to thrive in the post-Trump era — that is, if we’ve even entered the post-Trump era.

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Why we should be wary of The Baltimore Sun’s return to local ownership

The Baltimore Sun’s convoluted ownership journey took an unexpected turn on Monday. The notorious hedge fund Alden Global Capital, which acquired the paper as part of its purchase of Tribune Publishing in 2021, sold the Sun to David Smith, who’s executive chairman of the television network Sinclair. The price has not been disclosed.

Smith is a Baltimore guy, and he’s buying the Sun as an individual — that is, the Sun will not be part of Sinclair. In that respect, the deal is similar to Jeff Bezos’ purchase of The Washington Post in 2013. The Post is not part of Amazon, although the mega-retailer was enlisted to sell discount descriptions to the Post, especially during the early years of Bezos’ ownership.

We are in the early hours of the Sun deal, so we don’t know how this is going to play out. It’s striking how much fear and criticism I’ve seen given Alden’s reputation as the worst newspaper owner on the planet, infamous for slashing newsrooms, selling off real estate and making journalists work out of their homes. Normally a transfer to independent ownership would be celebrated, and, in fact, Smith might provide an infusion of cash and energy. Then again, he might also bring his toxic brand of right-wing politics to the Sun.

The Sun is the flagship of a regional group that also includes the Capital Gazette in Annapolis, Maryland, the site of a horrific mass shooting some years ago.

This didn’t have to happen. Back when Tribune was for sale, Baltimore hotel magnate Stewart Bainum reached an agreement to buy the Sun from Alden once Alden had acquired Tribune. Bainum, though, came to believe that Alden was not adhering to that agreement, and he wound up bidding for all of Tribune’s nine major-market newspapers.

Although Bainum was offering more money than Alden ($680 million versus $635 million), word at the time was that Alden’s bid was more straightforward, and the vulture capitalists won the prize. Among other things, Patrick Soon-Shiong, the billionaire owner of the Los Angeles Times and then a member of Tribune’s board, declined to stop the sale to Alden, for which he was roundly criticized.

Bainum, meanwhile, used some of his wealth to found The Baltimore Banner, a nonprofit digital venture that immediately established a reputation for journalistic excellence. It will be fascinating to see whether Smith rebuilds the Sun into a worthy competitor to the Banner, or if instead he uses it to grind his political axe.

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A possible way forward for The Washington Post: Go local

Photo (cc) 2013 by Esther Vargas

Matthew Yglesias has some thoughts about the state of the media business and why there were so many layoffs in 2023 at high-profile news organizations like BuzzFeed (which closed its news division), NPR and Vox Media. There is very little new in his observations, but I was interested to see that he’s complaining about The Washington Post’s local coverage under Jeff Bezos. Yglesias writes:

What has bothered me, personally, about Bezos’ stewardship of the Post is that through the process of first growing and then shrinking the newsroom, he’s left coverage of local issues worse off than it was before. His aspiration upon taking over was to make the Post a “national and even global publication,” and during the growth years, his investment priorities reflected that. Perry Stein used to cover DC Public Schools, and I think DC residents with school-aged children really appreciated her work. But when she got a promotion, it wasn’t to do something bigger covering DC government or regional issues, it was to cover the Justice Department, where she’s churning out Trump trial stories.

When I was reporting on the Post for my 2018 book, “The Return of the Moguls,” the paper was in the midst of an enormous growth curve, briefly shooting ahead of The New York Times in digital traffic and consistently earning profits. Bezos’ vision of reinventing the Post as a national digital publication — leaving behind the Graham family’s “Of Washington, For Washington” marketing pitch — was a huge success. But the paper has not done well since Trump left the presidency, and is now losing money and circulation.

As Yglesias writes, and as I’ve written on several occasions, the Post’s current position as being pretty much like the Times only not as comprehensive just isn’t tenable in the long run. One thing it could do is reposition itself as being “of Washington, for Washington” while at the same time maintaining its commitment to national and international news. During the early Bezos years, the Post actually offered two digital editions. One included all of the Post’s journalism; the other was a cheaper, more colorful product that omitted local news and that was aimed at the national market. Clearly there were people at the Post back then who knew they could charge a premium for local. Why not embrace that again?

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Union to WashPost readers: Please don’t click today

Photo (cc) 2016 by Dan Kennedy

The union representing Washington Post employees has asked that no one engage with Post content during a 24-hour strike that began today at midnight. “On Dec. 7, we ask you to respect our walkout by not crossing the picket line: For 24 hours, please do not engage with any Washington Post content,” the Washington Post Guild said in a statement. “That includes our print and online news stories, podcasts, videos, games and recipes.”

The Post, which soared during the Trump presidency, is now losing money and shedding jobs. Management, currently in the midst of eliminating 240 jobs, has threatened layoffs if not enough staff members accept voluntary buyouts. Oliver Darcy of CNN has the full story.

Just as I would not cross a physical picket line, so will I not check in with the Post today. I urge you to (not) do the same.

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