Washington Post – Page 9

Can The Washington Post differentiate itself from The New York Times?

Sally Buzbee. Photo (cc) 2017 by TEDxColumbiaUniversity.

The Washington Post, on an upward trajectory for most of the time since Jeff Bezos bought the paper in 2013, has stalled out. At least that’s the gist of a story in The Wall Street Journal by Benjamin Mullin and Alexandra Bruell, who report that the Post is struggling to find its footing now that Donald Trump has left the White House (if not the scene) and interest in political news is on the decline. They write:

The Post, like most major publications, experienced an audience surge during the Trump years, when readers flocked to stories about the controversial Republican administration. Now, the Post is facing a slump that has triggered some soul-searching at the paper, including over the need to invest more in coverage areas outside of politics, according to people familiar with the news outlet’s operations and internal documents viewed by The Wall Street Journal.

The fate of the Post is of particular interest to me since much of my 2018 book, “The Return of the Moguls,” is devoted to the Post under Bezos. When I was reporting for the book, the Post was going great guns, beating the Times on significant stories — especially Trump’s 2016 campaign — and growing so quickly that it seemed possible that it might even shoot past its New York rival.

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Since around the middle of the Trump presidency, though, I’ve had a sense — not confirmed by data, so don’t take this too seriously — that the Post had plateaued. To put it in simple terms, the Post and the Times competed fiercely for several years after Bezos’ arrival, and the Times won.

You can see it in their paid digital subscriptions. The Times now has about 7.6 million, including about 5.6 million subscribers to its core digital news product (the rest subscribe only to a special service like the Times’ cooking app, the crossword puzzle or whatever). And the Times’ numbers keep growing. The Post, by contrast, is at 2.7 million digital-only subscribers, according to the Journal, down from about 3 million at the beginning of the year.

Now, it would be easy to make too much of this difference. Just about every publisher in the country would love to have The Washington Post’s problems. It’s still one of the largest news operations in the U.S., with a deep, talented newsroom. But the numbers do raise some questions about what the Post’s leaders see as their mission.

We have three great national newspapers — the Times, the Post and the Journal. The Times is our biggest and most capable general-interest newspaper. The Journal has a business focus and a right-wing opinion page, which offers an alternative (to be polite) to what you see in most newspaper opinion sections. The Journal, like the Post, has about 2.7 million paid digital subscribers. Unlike the Post, though, the Journal’s total is rising; in 2020, it was less than 2.3 million.

It seems to me that the Post finds itself in a difficult position — competing directly with the Times for exactly the same national audience and falling behind, and not able to differentiate itself from the Times the way the Journal has. The Post’s executive editor, Sally Buzbee, who succeeded Marty Baron earlier this year after serving as The Associated Press’ top editor, hasn’t really said how she’s going to address that. Indeed, in a recent appearance on Kara Swisher’s New York Times podcast, she showed a remarkable ability not to be pinned down on much of anything.

The Times is far from perfect, of course. Its political coverage, in particular, drives me crazy with its frequent embrace of false equivalence at a time when one of our two major political parties has devolved into an authoritarian, antidemocratic force. The Post is better at avoiding that trap. Its technology is superior to the Times’, too. Overall, though, the Times offers a better, more comprehensive report, especially in areas like international news, business and culture.

It’s good for democracy to have two large, general-interest national papers battling it out. The Post isn’t going away. But you have to wonder what the future of the Times-Post rivalry is going to look like. Back in the 1970s, when the rivalry was especially pitched, the Times’ and Post’s readership bases were pretty much restricted to their geographic areas. Now they are both available nationally and internationally, making it easy to choose one over the other.

In effect, the Times and the Post are now competing in a winner-take-all economy. I hope there continues to be room for both.

Fred Hiatt’s death ends a remarkable period of stability at The Washington Post

The death of Fred Hiatt ends a period of remarkable stability at the top of The Washington Post’s masthead. Hiatt, the editorial-page editor, had served in that position since 1999. Marty Baron, who was hired as executive editor in 2012, retired earlier this year. Hiatt and Baron predated Jeff Bezos’ acquisition of the Post in 2013, and their continuation in those roles was a signal that Amazon’s founder was determined not to interfere with either the newsroom or the opinion operation.

Baron was replaced by Sally Buzbee, previously the top editor at The Associated Press. It will be interesting to see who replaces Hiatt — though I suspect it could be a while given that his sudden death at 66 was unanticipated. When Buzbee was interviewed recently by Kara Swisher on her New York Times podcast, she gave the impression that publisher Fred Ryan was more involved in her hiring than Bezos was. We’ll see if Bezos follows the same pattern in hiring a new opinion editor. Not that he has to — the ethical standard good news organizations follow is that the owner should stay out of the newsroom but is free to meddle with the editorial pages.

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I didn’t realize that Hiatt had Boston-area roots until I read the tributes this morning. He grew up in Brookline and graduated from Harvard, where his father was dean of the School of Public Health.

In my book “The Return of the Moguls,” I wrote this about Hiatt’s editorial pages:

Hiatt’s retention was noteworthy, as new owners often want to exert their influence on the opinion pages. But even though Bezos’ politics were thought to be generally libertarian, the Post’s editorial stance — which could be described as moderately liberal with a taste for foreign intervention — did not change under Bezos’ ownership.

Looking back over the course of Hiatt’s career, I’d say that observation has held up. The Post is, indeed, moderately liberal. But his unsigned editorials called for war following the terrorist attacks of Sept. 11, 2001, and — more controversially — against Iraq, which then-President George W. Bush wrongly claimed had weapons of mass destruction. The Post, of course, was hardly the only newspaper to endorse what proved to be a horrendous foreign-policy blunder. But it’s the job of a great newspaper to take unpopular stands when warranted. In fact, the Times came out against going to war in Iraq, if rather grudgingly.

The Post’s opinion section diverged from the Times’ during the Donald Trump era as well. Though Hiatt was staunchly anti-Trump and published many anti-Trump columnists — including conservatives like Max Boot, Michael Gerson and George Will — he also employed pro-Trump pundits like Marc Thiessen (“Three cheers for ‘Let’s Go Brandon'”) and Gary Abernathy (“A Trump candidacy in 2024 would threaten his own legacy”).

I’m not sure what Hiatt thought such drivel added to his section. Maybe he just wanted his readers to see what the pro-Trump argument was without having to seek it out on Fox News. In any case, the Times took a different approach, restricting its in-house conservatives to Never Trumpers like Ross Douthat and Bret Stephens. (I’d mention David Brooks, too, except that he really isn’t much a conservative these days.)

Hiatt was a strong supporter of human rights around the world and spoke out forthrightly against the Saudi regime following the murder of one of his columnists, Jamal Khashoggi. By all accounts, he was also a very nice guy, which counts for a lot. A Post editorial put it this way: “Mr. Hiatt made it possible for The Post’s opinion writers and the content they produce to encompass a wide range of views on virtually every subject of public debate, without the rancor, personal enmity and bad faith that have become so prevalent elsewhere in Washington and the nation. Our respect for and loyalty to Mr. Hiatt, and his for us, held this staff together.”

Hiatt served long enough in his position to watch the Post shrink under Graham family ownership from a viable competitor with the Times to a regional paper forced to cut its staff year after year; and then to preside over its rebirth and growth under Bezos. He was an honorable servant of the Washington establishment, which I mean in both a positive and a negative sense. Given the fractures that are now tearing the country apart, we may not see the likes of him again.

Jennifer Rubin gets burned with her not-off-the-record email to Politico

Washington Post columnist Jennifer Rubin ignored one of the most basic rules of going off the record this week — and got burned as a result.

Politico’s West Wing Playbook on Thursday ran a longish item on Rubin’s favorable coverage of the Biden White House, including her adopting some of the same complaints about media coverage used by administration officials.

“One Post employee said some people in the newsroom are increasingly frustrated that Rubin is parroting the administration’s critiques of the media, which they believe emboldens the administration to push back on journalists even further,” write Politico’s Alex Thompson and Nick Niedzwiadek. “Two others say they just try to ignore her or don’t read her columns.”

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Thompson and Niedzwiadek write that they contacted Rubin for comment, and she responded with an email whose subject line was “OFF THE RECORD.” They proceeded to publish her response in full:

How utterly predictable that Politico would run the zillionth hit piece on a prominent woman, especially one candid in her critiques of Politico’s hysterical, clickbait style of coverage. The notion that I am polarizing in a newsroom (as opposed to any of the dozens of other opinion writers) is a “take” only Politico could come up with — by of course running around to ask the question in the first place. I trust the Post’s superb news side folks spend zero time thinking about me (as is entirely appropriate). My only surprise is that Sam [Stein, POLITICO’s White House editor], a very good journalist, would become enmeshed in such an obviously misogynistic publication. Surely there are finer publications that would have him.

And btw, what a low class move to do this on Yom Kippur at the last moment.

So what’s going on here? Both parties have to agree in order for something to be off the record. Thompson and Niedzwiadek write that they had no such agreement with Rubin — she simply sent her email assuming they would respect her wishes. They didn’t, nor should they. Journalists sometimes going along with such requests, especially if they come from a source with whom they have a longstanding relationship. But it should never be taken for granted. Rubin knows that, of course, and I wonder if she wrote her response half-expecting that Politico would use it.

In case you’re not familiar with her, Rubin has morphed over the years from a staunch conservative to a Never Trump conservative and now into a moderate liberal.

Finally, the Politico item is very Politico, snarky and assuming without evidence that Rubin is somehow acting in bad faith by writing favorably about President Biden and agreeing with the White House’s often-valid gripes about the media. Without her not-off-the-record quote, it wouldn’t be worth a read.

Facebook’s tortured relationship with journalism gets a few more tweaks

Facebook has long had a tortured relationship with journalism. When I was reporting for “The Return of the Moguls” in 2015 and ’16, news publishers were embracing Instant Articles, news stories that would load quickly but that would also live on Facebook’s platform rather than the publisher’s.

The Washington Post was so committed to the project that it published every single piece of content as an Instant Article. Shailesh Prakash, the Post’s chief technologist, would talk about the “Facebook barbell,” a strategy that aimed to convert users at the Facebook end of the barbell into paying subscribers at the Post end.

Instant Articles never really went away, but enthusiasm waned — especially when, in 2018, Facebook began downgrading news in its algorithm in favor of posts from family and friends.

Nor was that the first time Facebook pulled a bait-and-switch. Earlier it had something called the Social Reader, inviting news organizations to develop apps that would live within that space. Then, in 2012, it made changes that resulted in a collapse in traffic. Former Post digital editor David Beard told me that’s when he began turning his attention to newsletters, which the Post could control directly rather than having to depend on Mark Zuckerberg’s whims.

Now they’re doing it again. Mathew Ingram of the Columbia Journalism Review reports that Facebook is experimenting with its news feed to see what the effect would be of showing users less political news as well as the way it measures how users interact with the site. The change, needless to say, comes after years of controversy over Facebook’s role in promoting misinformation and disinformation about politics, the Jan. 6 insurrection and the COVID-19 pandemic.

I’m sure Zuckerberg would be very happy if Facebook could serve solely as a platform for people to share uplifting personal news and cat photos. It would make his life a lot easier. But I’m also sure that he would be unwilling to see Facebook’s revenues drop even a little in order to make that happen. Remember that story about Facebook tweaking its algorithm to favor reliable news just before the 2020 election — and then changing it back afterwards because they found that users spent less time on the platform? So he keeps trying this and that, hoping to alight up on the magic formula that will make him and his company less hated, and less likely to be hauled before congressional committees, without hurting his bottom line.

One of the latest efforts is his foray into local news. If Facebook can be a solution to the local news crisis, well, what’s not to like? Earlier this year Facebook and Substack announced initiatives to bring local news projects to their platforms for some very, very short money.

Earlier today, Sarah Scire of the Nieman Journalism Lab profiled some of the 25 local journalists who are setting up shop on Bulletin, Facebook’s new newsletter platform. They seem like an idealistic lot, with about half the newsletters being produced by journalists of color. But there are warning signs. Scire writes:

Facebook says it’s providing “licensing fees” to the local journalists as part of a “multi-year commitment” but spokesperson Erin Miller would not specify how much the company is paying the writers or for how long. The company has said it won’t take a cut of subscription revenue “for the length of these partnerships.” But, again, it’s not saying how long those partnerships will last.

How long will Facebook’s commitment to local news last before it goes the way of the Social Reader and Instant Articles? I don’t like playing the cynic, especially about a program that could help community journalists and the audiences they serve. But cynicism about Facebook is the only stance that seems realistic after years of bad behavior and broken promises.

The sale of Politico marks the end of a long duel between the Allbrittons and the Grahams

Katharine Graham believed that Joseph Allbritton hoped to take advantage of the 1975-’76 strike against The Washington Post. Photo by Reading/Simpson, noncommercial use permitted.

Robert Allbritton last week sold Politico to the German media company Axel Springer for $1 billion. Ben Smith, who was part of the launch back in 2007, wrote about the sale earlier this week in The New York Times. I wrote about the two-generation rivalry between the Allbrittons and the Graham family, who controlled The Washington Post until 2013, in “The Return of the Moguls.” Below is an excerpt.

Katharine Graham’s other crucial move was to endure a strike in 1975 in order to get the Post’s printing costs under control. So arcane were the work rules that when an advertiser submitted a finished ad (known in the post-hot-lead, pre-computer age as “camera-ready”), a union compositor still put together an equivalent ad, even though it would be discarded as soon as he was finished with it. In deciding to put a stop to such practices, Graham was fortunate in the viciousness of her opposition. At one demonstration, a leader of the union, Charlie Davis, carried a sign that read “Phil Shot the Wrong Graham,” a reference to Phil Graham’s suicide. On the night that the pressmen went on strike, some of them beat the night foreman and started a fire in an attempt to sabotage the machinery. Because of those actions they earned the enmity of the Newspaper Guild, which represented the reporters. With the paper’s journalists crossing the picket line, the Post was able to resume publishing after just one missed day, enabling them to break the strike. The benefits of being able to modernize production were immediate, as income grew from about $13 million a year to $24.5 million in 1976 and to $35.5 million in 1977.

Not all observers were sympathetic to the Grahams. Ben Bagdikian, a former Post national editor who spent much of his long, distinguished career after leaving the paper as an academic and a harsh critic of corporate journalism, wrote an article in the Washington Monthly attributing the strike to Katharine Graham’s earlier decision to go public. “The idiosyncratic publishers, whose integrity led them to ignore narrow economic arguments in favor of quality, and who as a result created America’s great newspapers, are disappearing,” Bagdikian wrote. “They were being replaced by profit-maximizing conglomerate owners. It is a forecast of trouble for independent journalism in the country’s most important news companies.” Graham recorded her response in a note to Ben Bradlee: “I am really embarrassed to think this ignorant biased fool was ever national editor. Surely the worst asps in this world are the ones one has clasped to the bosom.”

The Post’s rivalry with The Washington Star played a small role in the strike as well, a tidbit of interest mainly because of who owned the Star at that time: Joe Allbritton, a Texan who had acquired the paper from the Kauffmann family in 1974. Katharine Graham wrote that Allbritton declined to help the Post during the strike because, in her view, the only way the Star could stay in business was for the Post to fail. Allbritton sold the Star to Time Inc. in 1978, which closed it in 1981 even though Katharine Graham, Donald Graham and Warren Buffett had made overtures to set up a joint operating agreement under which both papers would be published.

The Allbritton family’s ambitions remained entangled with the Post for many decades to come. Years later, two Post journalists, John Harris and Jim VandeHei, were rebuffed when they proposed setting up a separate political website under the paper’s umbrella. They took their idea to Joe Allbritton’s son, Robert, who helped them launch Politico in 2007. With its hyperkinetic insider’s approach to covering politics, the site quickly established itself as a serious rival to the Post on one of its signature beats, although Politico was often criticized for emphasizing the superficial horse race aspects of politics.

Robert Allbritton also backed a site cheekily named TBD.com (for “to be determined”), edited by the former washingtonpost.com editor Jim Brady and the future Post media blogger Erik Wemple, which covered local news in the Washington area in conjunction with a television station the Allbrittons had owned since acquiring the Star. Fortunately for the Grahams, Allbritton lost patience with it within months of its 2010 launch, and in 2012 the site was shut down. Another Allbritton connection: About a year after Jeff Bezos bought the Post, he hired Frederick Ryan, a former Reagan administration official, to replace Katharine Weymouth as publisher. At the time that the move was made, Ryan was president and chief operating officer of Allbritton Communications and had served as Politico’s first chief executive.

The Post and Politico make for a fascinating contrast. Both companies are ensconced in brand-new headquarters on either side of the Potomac; Politico occupies part of an office tower in the Rosslyn section of Arlington, Virginia. The missions of the two organizations are very different. The Post is a general-interest newspaper with a substantial print presence. Politico is aimed at people in the professional political community, and though it publishes a small print product (daily when Congress is in session; weekly otherwise), it’s mainly digital. Yet if the ancient rivalry between the Post and The New York Times is mostly journalistic and symbolic, the Post’s rivalry with the Allbritton family has involved serious competition over whose news organization will prove to be more financially successful in the long run.

Correction: I have learned that the elder Albritton’s legal name was Joe, not Joseph. Unfortunately, it remains wrong in the book.

A lawsuit against The Washington Post reignites the debate over objectivity

The meaning of objectivity is at the heart of a lawsuit brought by a Washington Post reporter against the paper, five of its top editors and former executive editor Marty Baron.

Felicia Sonmez argues that she was subjected to unlawful discrimination after she said she had been sexually assaulted by a Los Angeles Times reporter and was then banned from covering stories involving sexual misconduct, according to CNN media reporter Oliver Darcy.

Darcy and New York Times reporter Katie Robertson report that Baron has declined to comment on the case.

I’m not going to get into whether Sonmez is right or wrong; that will be for the legal process to sort out. But what’s interesting about this is that her claim involves the appearance of objectivity — that is, she could have been accused of not being impartial, whether fairly or not. This is a largely bogus argument, in my view, as it places news organizations in the position of preemptively giving in to bad-faith critics.

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What’s odd is that Baron understands the true meaning of objectivity, and pursued it during his years as the top editor at the Post and The Boston Globe. In particular, the Post’s fierce coverage of Donald Trump’s 2016 campaign and subsequent presidency was grounded in exposing the truth, not in “both sides” false equivalencies.

Several months ago Baron spoke to Northeastern journalism students and faculty via Zoom and defined objectivity in terms that would do Walter Lippmann proud. “I don’t think the answer for us is to be partisan,” he said. “I think the answer for us is to be independent.”

Citing Lippmann’s landmark 1920 book “Liberty and the News,” Baron said that objectivity is about “independence and open-mindedness and fairness,” not giving each side equal weight. After thoroughly reporting a story, he added, “then we tell people in a forthright and unflinching way what we have learned.”

What Sonmez is alleging is that the Post fell into some of the worst excesses and caricatures of objectivity, such as the bad old days when LGBTQ people were somehow thought to be disqualified from covering same-sex marriage, or when Black reporters were regarded as suspect if they covered issues involving racial justice. Surely some of that was at work in the Pittsburgh Post-Gazette’s prohibiting its then-reporter Alexis Johnson from covering Black Lives Matter protests after she posted an innocuous tweet.

There may have been other factors involved in the Sonmez case. You may recall that she was suspended for tweeting details of Kobe Bryant’s sexual-assault case not long after he died in a helicopter crash. I thought the suspension was unwarranted, as did Post media columnist Erik Wemple. But you could certainly argue that she should have waited a day or two.

In any case, her lawsuit raises some fascinating issues and is well worth paying attention to.

Correction: This post originally misstated the affiliation of the reporter whom Sonmez accused of assaulting her.

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

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

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

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

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

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

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

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

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

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

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

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

Major news outlets are running a tobacco company’s ads on their websites

More than two decades after cigarette ads began disappearing from newspapers, major news organizations are running ads on their websites from tobacco giant Philip Morris touting the company’s research into smoke-free tobacco products.

I began reporting this piece after an alert reader called my attention to an ad in The Boston Globe titled “Science leading to a smoke-free future,” which appeared over the weekend and was in rotation as recently as Monday. But in Googling around, it didn’t take long to find that similar Philip Morris ads have been published by The New York Times, The Washington Post and Reuters. No doubt they’ve appeared in many other outlets, too.

These are not ads that were automatically served up to news websites by Google. Rather, they are sponsored content, produced in collaboration with the news organization that publishes them. Such content, also known as “native advertising,” use type and layout that differ from the typical presentation. It’s also accompanied by disclosures that it was paid for by the advertisers and that the news and editorial departments had no involvement in its production.

Regular readers know that I’m a defender of native ads as long as there is sufficient disclosure, and I have no problem with the way these news organizations handle them. But partnering with a major tobacco company on an ad promoting research into tobacco products? Really?

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These ads appear under the byline of Dr. Moira Gilchrist, vice president of strategic and scientific communications at Philip Morris. Some excerpts from the Globe version:

We are now on a path to one day, hopefully soon in many countries in which we operate, completely replace cigarette sales with smoke-free alternatives that are a better choice for the people around the world who smoke today. These are nicotine-containing products that do not burn tobacco, which — while not risk-free — are a much better choice than continuing to smoke….

The fundamental principle that drives our scientific work is the widely accepted fact that nicotine — while addictive and not risk-free — is not the primary cause of smoking-related disease. It’s the burning of tobacco that creates the harmful chemicals in cigarette smoke — which is why from the outset we design our smoke-free products to eliminate burning, thus eliminating smoke while providing an alternative that smokers find acceptable and will actually use.

According to Michael Moore of Australia’s George Institute for Public Health in Australia, and a past president of the World Federation of Public Health Associations, the Philip Morris ads are the latest in a series of tactics by Big Tobacco to win acceptance for e-cigarettes. In an article he wrote last year for the European Journal of Public Health, he identified other tactics employed by the tobacco companies as “use of the term ‘harm reduction,’” social-media attacks on critics, hiring lobbyists, and touting e-cigarettes as a method for quitting smoking. According to a summary of his article:

Tobacco companies face an ever-increasing rate of marginalisation. They use eCigarettes as an opportunity to improve their credibility. In the past it was “just filter it” and “light cigarettes”. More recently, Philip Morris established a “Foundation for a Smoke-free World” pumping millions of dollars into distorting arguments about harm reduction.

And, yes, Moore gives Gilchrist a shoutout: “To enhance arguments, Big Tobacco has deployed public health figures like Dr Derek Yach and Dr Moira Gilchrist.”

When I asked Megan Arendt, a spokeswoman for the anti-tobacco organization Action on Smoking and Health (ASH), about the Philip Morris ads, she told me by email: “In a perfect world, vapes would only be marketed to (and sold to) adult people who smoke. But given their clear history of targeting children, an ad ban should include all tobacco products.”

The Philip Morris ad doesn’t promote smoking or even vaping, which has its own health risks. (On Monday, Juul reached a $40 million settlement with North Carolina over a lawsuit charging that the vaping company marketed to kids. Massachusetts is suing as well.) But the ad does talk about “ensuring our smoke-free products deliver a consistent aerosol” — so the intended user of the products being developed would still be inhaling.

Cigarette advertising is legal in U.S. newspapers. The papers couldn’t be banned from accepting such ads because of First Amendment protections, but the tobacco companies themselves could be prohibited from advertising. In 1970, President Richard Nixon (yes, everything really does go back to Nixon) signed legislation banning cigarette ads from television and radio, but those are regulated media.

The New York Times banned cigarette ads in April 1999, but said the policy didn’t apply to other papers it owned, which at that time included the Globe. That July, the Globe’s then-ombudsman, Jack Thomas, took his bosses to task and called for the Globe to follow the example set by the Times and other papers. He wrote that “publishers are still in conflict, still seduced by the revenue from tobacco ads but also uneasy in the role of a siren luring readers into a deathtrap.”

My research trail went cold after I found the Thomas piece, but at some point the Globe stopped accepting cigarette ads, as did virtually all other newspapers. As ASH’s Arendt says, the Globe — and every media outlet — should take the next step and refuse to accept ads for tobacco products. Claims that the products are only intended for adults who want a safer alternative to smoking are nice, but you know what? They’ll find those products without the complicity of news organizations.

It’s time for the feds to stop hassling and spying on the press

FBI headquarters. Photo (cc) 2008 by zaimoku_woodpile.

Previously published at GBH News.

It was a move reminiscent of the post-9/11 Patriot Act, which allowed federal investigators to spy on the reading habits of library and bookstore customers in the name of fighting terrorism.

Last week we learned that the FBI had subpoenaed USA Today in pursuit of Internet Protocol addresses and other data. The goal was to help the agency figure out the identities of people who had read a story last February about a Florida shootout in which two FBI agents were killed and three were wounded. The subpoena specifically cited a 35-minute time frame on the day that the shootings took place.

Fortunately, USA Today’s corporate owner, Gannett Co., the nation’s largest newspaper chain, took a principled stand and fought the subpoena. On Saturday, the FBI backed down. There’s already little enough privacy on the internet without having to worry about the possibility that government officials will be looking over our shoulders as we’re reading.

We are in the midst of a systematic assault on the media’s role in holding the powerful to account. And it’s long past time for our elected officials to do something about it by passing legislation rather than relying on assurances by President Joe Biden that he’s ending these abuses. After all, Biden’s assurances can be undone by the next president with the flick of a pen. We need something stronger and more stable.

Barely a month ago I wrote about the revelation that the Trump Justice Department had spied on three Washington Post reporters’ phone records. I observed that Trump’s actions were in line with a long string of presidential attacks on the media, from Richard Nixon to George W. Bush to Barack Obama.

Since then, the revelations have come at a dizzying pace. In addition to the USA Today subpoena, which strikes me as especially egregious since it targets readers rather than journalists, there have been at least two other noteworthy instances of abuse:

• In late May, CNN reported that the Trump administration had secretly obtained 2017 email and phone records of Barbara Starr, a longtime reporter for the network. The period in question was June 1 to July 31, 2017.

• In a particularly noxious abuse of the government’s power, The New York Times reported several days ago that the Justice Department had subpoenaed Google for the email records of four Times reporters — and that, though the inquiry had begun under former President Donald Trump, it continued under Biden. As recently as March, the Justice Department obtained a gag order prohibiting Google from informing the Times. That order was later amended so that a few top officials at the Times could be told, but not executive editor Dean Baquet.

“It is urgent that we hear from the attorney general about all three Trump-era records seizures, including the purported reasoning behind them and the rationale for not notifying the journalists in advance,” said Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, in a statement released last week. “The goal must be to ensure that such abuses never occur again.”

Compounding the problem is the widely misunderstood belief that government officials are violating the First Amendment. For instance, on CNN’s “Reliable Sources” this past Sunday, Adam Goldman, one of the four Times reporters targeted in the Google probe, said, “The U.S. attorney’s office in D.C. has a history of trampling on the First Amendment, so that’s why I wasn’t surprised. They treat the media, they treat newspapers like drug gangs.”

In fact, over the past century the Supreme Court has interpreted the First Amendment in such a way that the protections for news gathering are exceedingly weak.

Protections for publication and broadcast are strong, which is why the press has been able to report on secret stolen documents — from the Pentagon Papers to the Snowden files — with few concerns about facing prosecution.

But the court has ruled that journalists have no constitutional right to protect their anonymous sources. And with regard to the current string of spying revelations, the court has held repeatedly that journalists enjoy no special rights that would not be available to ordinary citizens.

President Biden recently pledged to end the practice of seizing reporters’ records, saying the practice is “simply, simply wrong.” Some observers questioned whether he actually meant it, since he’d be breaking not just with Trump’s abuses but with longstanding practice. That, in turn, led press secretary Jen Psaki to assure journalists that Biden planned to follow through on his pledge.

But what a president does, a future president can undo. To guarantee that the press will be able to perform its watchdog role, we need a federal shield law so that reporters won’t be compelled to reveal their confidential sources. Such protections — either by law or by court decision — are already in place in 49 states, with the sole exception being Wyoming.

We also need legislation that prevents the government from secretly spying on journalists’ online activities — and on readers’ activities as well.

No doubt opponents will insist that the government needs to be able to spy in order to keep us safe. But the Post, CNN and Times cases appear to involve the Trump administration’s politically motivated attempts to learn more about the origins of the Russia probe, including the activities of former FBI Director James Comey. The USA Today case did involve a much more serious matter. But after dropping its demands, the FBI told the BBC that “intervening investigative developments” made the information unnecessary.

Which is nearly always the case. Rarely does the government’s desire to interfere with the press’ role involve a situation that’s literally a matter of life or death. And the law can accommodate those rare instances.

In general, though, the government should go about its business without compromising the independence or freedom of the press.