For comparison, when the Office of Management and Budget looked at the total ratio of annual benefits to annual costs of some regulations, the ratios were 3.0 for a Department of Labor rule on hazard communication and 5.5 for a Department of Energy conservation standard. Investing in investigative work appears like a relatively good investment from society’s perspective.
Monday, October 24, 2016 7:19 pm
Thursday, October 13, 2016 9:42 pm
If you needed any more proof that Godwin’s Law has been repealed, Donald Trump’s speech today should be all you need. Substitute “the Jews” for “the establishment,” “the Clinton machine,” or “the media,” and Adolf Hitler could have given this speech himself, albeit more elegantly. Hell, all it needed was “Goldman Sachs” and “the Sulzbergers,” as Adrastos pointed out. You could practically hear the Nuremberg crowds roaring as Trump all but concluded with, “Ein Volk! Ein Reich! Ein Fuhrer!”
Coincidentally, the Committee to Protect Journalists, a nonprofit that normally worries more about journos in the war-torn Middle East than here in the U.S., issued an unprecedented statement today, which it had approved several days ago, criticizing Trump for his anti-press statements and positions:
This is not about picking sides in an election. This is recognizing that a Trump presidency represents a threat to press freedom unknown in modern history.
Amen. History is going to ask a lot of pointed questions about who stood where in this year’s election season. And what has mattered to me, this time around, hasn’t been so much policy specifics — Trump’s “policy positions” are chimerae anyway — as a very simple test: What choice will enable me to look myself in the mirror? This year, the choice has been more stark than at any other time in my conscious life. And if I have done nothing else, I have made good and goddamned sure that my grandchildren will never have to ask me, “Grandpa, why are people calling you a good German?” And you can bet your ass that in years to come, I’mma be pointing my finger at the Trump supporters and shouting, “J’accuse!”
Adrastos also had this to say:
The good news is that Trump is going to lose; bigly. The bad news is that right-wing extremists have captured one of our major political parties. The B3 Brownshirts are infinitely worse than the teabaggers. I’m not alone in being concerned what happens if a less self-destructive, more intelligent demagogue *continues* the takeover of the Republican Party. It *can* happen here. I never thought I’d say that but I just did.
I think it’s important for those of us who know history to take a firm stand against Trumpism. That’s why I’ve started comparing him to Hitler at his least disciplined. Hitler had the good sense to *keep* the ugly underneath until he had enough support to enact his racist program. Trump has no self-control but he is every bit as ugly, which is why he needs to lose in a landslide. Some of us are worried that he’ll refuse to concede on election eve, whip his supporters into a frenzy, and provoke a sort of American Kristalnacht. The good news is that most Trumpers are, well, pussies and are unlikely to riot if it’s a blow-out. Let’s hope so.
(Honestly, and I admit I am a bad person for thinking this, there is a very small part of me that hopes that these “pussies” pull some shit after the election. The U.S. military is still by far the strongest on Earth, and my government lately has shown, as was illustrasted in January, a refreshing reluctance to kiss seditious white ass. Inasmuch as we don’t get a do-over on the botched Reconstruction, there’s a small part of me that thinks watering the Tree of Liberty with the blood of some bigoted, would-be tyrants of the so-called alt-right — and can we just call the “alt-right” what it really is, racists and neo-Nazis? — would have a salubrious effect on the body politic.)
Sadly but unsurprisingly, that speech wasn’t all Trump did today. He also had his lawyer send The New York Times a letter demanding retraction of an article about two women claiming Trump had sexually assaulted them and threatening a libel suit.
A couple of things about that letter. First, although some states require would-be libel plaintiffs to send such a letter before filing suit, to the best of my knowledge, New York is not one of those states, so this is probably bullshit. Second, and more importantly, as an investigative reporter and editor, I’ve seen real libel-suit letters. What with all the whining about anti-Trump media conspiracies, this letter was not the letter you send when you’re seriously considering a libel suit. No, this letter was the letter you send when you want the rubes you are grifting to think you’re going to file a libel suit. In other words, it’s the letter you send to keep the rubes donating, which harkens back to Lex’s First Law of the 2016 Campaign: Grifters gonna grift.
(Worth reading: The New York Times VP/general counsel’s letter in response, particularly the second paragraph and the final sentence. I haven’t smoked in more than 30 years, but after reading this, boy, howdy, did I want a cigarette. The TL;DR version: Your boy hasn’t got a reputation left to damage, but if you want to dance, we brought our stiletto heels.)
I know: Pretty depressing, all in all. But lest we all succumb to the sweet and seductive incantations of the Sweet Meteor o’ Death, I should point out that there was another speech today, by First Lady Michelle Obama. And I probably am not the first person to suggest that this was the opening shot of the 2024 campaign:
The fact is that, in this election, we have a candidate for president of the United States who over the course of his lifetime, and the course of this campaign, has said things about women that are so shocking, so demeaning that I simply will not repeat anything here today. And last week, we saw this candidate actually bragging about sexually assaulting women. I can’t believe that I’m saying that a candidate for president of the United States has bragged about sexually assaulting women. And I have to tell you that I can’t stop thinking about this. It has shaken me to my core in a way that I couldn’t have predicted.
So while I’d love nothing more than to pretend like this isn’t happening and come out here and do my normal campaign speech, it would be dishonest and disingenuous to me to just move on to the next thing like this was all just a bad dream. This is not something that we can ignore. This is not something that we can sweep under the rug as just another disturbing footnote in a sad election season because this was not just a lewd conversation. This wasn’t just locker room banter. This was a powerful individual speaking freely and openly about sexually predatory behavior. And actually bragging about kissing and groping women, using language so obscene that many of us worried about our children hearing it when we turned on the TV. And to make matters worse, it now seems very clear that this isn’t an isolated incident. It’s one of countless examples of how he has treated women his whole life.
And I have to tell you that I listen to all of this, and I feel it so personally. And I’m sure that many of you do, too, particularly the women. The shameful comments about our bodies. The disrespect of our ambitions and intellect. The belief that you can do anything you want to a woman. It is cruel. It’s frightening. And the truth is, it hurts. It hurts. It’s like that sick, sinking feeling you get when you’re walking down the street, minding your own business, and some guy yells out vulgar words about your body. Or when you see that guy at work that stands just a little too close, stares a little too long, and makes you feel uncomfortable in your own skin. It’s that feeling of terror and violation that too many women have felt when someone has grabbed them or forced himself on them, and they’ve said no, but he didn’t listen. Something that we know happens on college campuses and countless other places every single day. It reminds us of stories we’ve heard from our mothers and grandmothers about how back in their day the boss could say and do whatever he pleased to the women in the office. And even though they worked so hard, jumped over every hurdle to prove themselves, it was never enough. We thought all of that was ancient history, didn’t we?
And so many have worked for so many years to end this kind of violence and abuse and disrespect but here we are. In 2016 and we’re hearing these exact same things every day of the campaign trail. We are drowning in it. And all of us are doing what women have always done. We’re trying to keep our heads above water. Just trying to get through it, trying to pretend like this doesn’t really bother us. Maybe because we think that admitting how much it hurts makes us as women look weak. Maybe we’re afraid to be that vulnerable. Maybe we’ve grown accustomed to swallowing these emotions and staying quiet because we’ve seen that people often won’t take our word over his. Or maybe we don’t want to believe that there are still people out there who think so little of us as women. Too many are treating this as just another day’s headline. As if our outrage is overblown or unwarranted. As if this is normal. Just politics as usual.
But New Hampshire, be clear: This is not normal. This is not politics as usual. This is disgraceful. It is intolerable and it doesn’t matter what party you belong to — Democrat, Republican, Independent — no woman deserves to be treated this way. None of us deserve this kind of abuse. And I know it’s a campaign, but this isn’t about politics. It’s about basic human decency. It’s about right and wrong and we simply cannot endure this or expose our children to this any longer. Not for another minute, let alone for four years. Now is the time for all of us to stand up and say “enough is enough.”
This has got to stop right now, because consider this: If all of this is painful to us as grown women, what do you think this is doing to our children? What messages are little girls hearing about who they should look like, how they should act? What lessons are they learning about their value as professionals, as human beings? About their dreams and aspirations? And how is this affecting men and boys in this country because I can tell you that the men in my life do not talk about women like this and I know that my family is not unusual. And to dismiss this as everyday locker room talk is an insult to decent men everywhere. The men that you and I know don’t treat women this way, they are loving fathers who are sickened by the thought of their daughters being exposed to this kind of vicious language about women. They are husbands and brothers and sons who don’t tolerate women being treated and demeaned and disrespected. And, like us, these men are worried about the impact this election is having on our boys who are looking for role models for what it means to be a man. …
And in this election, if we turn away from her, if we just stand by and allow her opponent to be elected then what are we teaching our children about the values they should hold, about the kind of life they should lead? What are we saying? In our hearts, in our hearts, we all know that if we let Hillary’s opponent win this election then we are sending a clear message to our kids that everything they’re seeing and hearing is perfectly okay. We are validating it. We are endorsing it. We are telling our sons that it’s okay to humiliate women. We’re telling our daughters that this is how they deserve to be treated. We’re all our kids that bigotry and bullying are perfectly acceptable in the leader of their country. Is that what we want for our children?
And remember, we won’t just be setting a bad example for our kids, but for our entire world. Because for so long America has been a model for countries across the globe — pushing them to educate their girls, insisting that they give more rights to their women. But if we have a president who routinely degrades women, who brags about sexually assaulting women, then how can we maintain our moral authority in the world? How can we continue to be a beacon of freedom and justice and human dignity? Well, fortunately, New Hampshire, here’s the beauty: We have everything we need to stop this madness. You see while our mothers and grandmothers were often powerless to change their circumstances, today we, as women, have all the power we need to determine the outcome of this election. We have knowledge. We have a voice. We have a vote. And November the 8th, we as women, we as Americans, we as decent human beings, can come together and declare that enough is enough, that we do not tolerate this kind of behavior in this country.
That, bitchez, is what leadership sounds like.
Don’t misunderstand me: Whether Hillary Clinton wins or loses in 2020, I will support Elizabeth Warren to be the Democrat to succeed her. But if Warren chooses not to run in 2024, a speech like this, calling Americans to be our best selves and not to tolerate anything less, would be a damn fine thing to line up behind.
Monday, October 10, 2016 6:27 am
Today is World Mental Health Day. And if you’re depressed or anxious to the point of feeling suicidal, please, get help. Here is a state-by-state list of suicide hotlines.
We now return you to your regularly scheduled inanity.
Tuesday, September 27, 2016 8:21 pm
You can’t make this up, y’all. This is an editorial by Jim McNeff that was posted today on the LET website:
With the NBA season around the corner, and more athletes indicating they plan to join the “sit-in” during the National Anthem, I feel compelled to send a message to athletes and coaches alike, since peace officers are asked to provide protection, security, and traffic related functions at these events. And ironically they are ultimately protesting the institution of law enforcement, but track with me for a minute.
The ultimate authority in America is the United States Constitution. The Bill of Rights are part of this authority. The First Amendment, which grants us the right to protest, is part of the Bill of Rights. The American flag is the foremost symbol of America and the ultimate governing authority—the Constitution. The Star Spangled Banner is the National Anthem, which declares our support and allegiance to the flag, our Constitution, and the United States of America.
Consequently, I believe anyone who protests the American flag, or the National Anthem, is actually protesting the right to protest. It’s illogical.
Son, please. That sauce wouldn’t pass muster in any sixth-grade debating club. You are conflating tangible symbols with intangible values, and you’re not even particularly clever about it. I read this passage to my wife, who once taught at Yale and was a Fulbright Scholar, and she paused and said, “That made my brain hurt.”
He goes on to say:
If someone wants to protest oppression, real or imagined, that is fundamentally American. But shaking a fist at the symbols representing the rights being exercised is a misunderstanding of civics and demonstrates a principal lack of knowledge and understanding.
Uh, no, just the opposite, as the Supreme Court has found in numerous cases, including its 1989 Texas v. Johnson decision finding flag burning constitutionally protected speech. Damn, son.
Oh, but he’s not done:
One problem we have in America is that we’ve lost a sense of reality regarding governmental oppression. I am pictured in the photo below with a group of people that have experienced human atrocities at the hands of their respective governments and terrorist organizations. I worked with these people (refugees) for a short time in Mullheim, Germany. I had a chance to hear their gut wrenching stories from Afghanistan, Syria, Gambia, and Eritrea. I am not trying to sensationalize my experience. I simply want you to know, the people in this picture would literally sacrifice their life if it meant family members would be able to enjoy the rights and privileges that are taken for granted in the U.S.
This dimwit is literally arguing that violations of constitutional rights in this country don’t matter because people in other countries have it worse. I’d like to know which Supreme Court ruling or statute he’s basing that opinion on, because it sure as hell isn’t found in the Constitution.
He also appears to be presuming that everyone in the U.S. takes their rights and privileges for granted. But not everyone does. Why not? Because not everyone can — particularly not when U.S. law enforcement has engaged in patterns of abuse for years that recent, widespread availability of hand-held video technology is only now bringing to light. No, not every cop does it, but too many do, and too many more remain silent about what they observe.
Law enforcement has a public-relations problem because it has a behavior problem that is so bad that even relatively safe, relatively content conservative middle-aged white guys like me have taken notice. Publishing takes like this that evince utter ignorance of the law that officers swear an oath to uphold is not going to increase public trust and confidence in law enforcement; to the contrary, it will provide at least circumstantial evidence that many of the bad things that people are saying about cops are true.
Cops have a dangerous enough job as it is without allowing people like Jim McNeff to make them look foolish. So the National Police Association, which posted a link to this piece on Facebook, and the people who run Law Enforcement today ought to think long and hard about who speaks for cops and whether those individuals understand the first damn thing about what they’re writing about. Because Jim McNeff doesn’t; what he writes makes cops look absolutely stupid. That stupidity will result in a loss of already-fragile public trust in law enforcement, thus making a dangerous job even more so.
Besides, it makes the Internet dumber, and nobody should be allowed to do that.
… for this year’s presidential election:
Saturday, September 24, 2016 10:48 am
The problem with protests is that while they can raise awareness, they’re much less effective tools for bringing about real change. And some of the people most involved with protests against the killing of unarmed people of color by U.S. law enforcement are beginning to talk about that.
… we’ve crossed a line in America. Police brutality and racial violence have pushed people far past a reasonable or compassionate human standard.
For the past two years, we’ve protested all over the country, and my gut reaction used to be that it hadn’t accomplished as much as it should have — that the energy required for those protests didn’t meet the meager reforms that we’ve achieved.
I no longer feel that way. In two years, in great part because of those protests, the fierce injustice of the United States has now become known to the entire world. That’s no easy feat. The world knows the names and stories of our victims and they care.
Furthermore, we have built consensus among tens of millions of people in America who are fully fed up with police brutality and demand a better way.
It is time that we organize a passionate, committed, economic boycott. It must be painful. It must be unified. And we must continue with it until we see change. This country is clearly willing to continue killing unarmed men, women and children without ever making any serious efforts at reforms. This economic boycott can change that. …
I’m going to be listening for the best ideas on how we proceed. We have to all be on the same page here or it won’t work. I’m in and I hope you are too.
(If you want to contact King directly, he’s on Twitter at @ShaunKing.)
For the purpose of discussion, and because I live in the real world, I’m going to stipulate the following: 1) We do have a problem with law enforcement killing unarmed people of color; 2) state and local governments, which oversee the overwhelming majority of law enforcement in this country, do not perceive this problem; do not think the lives lost are as important as other considerations, which may range from retraining cost to fears over loss of political support of LEOs; or perceive the problem and are just fine with it; 3) protests alone have achieved most or all of what any reasonable person could expect, i.e., they have raised awareness but have not led to widespread political or policy change.
King draws parallels with the Montgomery bus boycott, led by Martin Luther King and others, which lasted for more than a year. Closer to home and closer to now, there have been protests about the N.C. legislature’s ill-considered House Bill 2, but real pressure for change didn’t build until businesses, associations and entertainers started boycotting the state (and REALLY didn’t build in this college-sports-crazy state until the Greensboro-based Atlantic Coast Conference pulled all its conference championships out of the state and hinted that it might move its headquarters out as well).
King concludes not with a specific call to action but with a call to discussion, because he acknowledges, however briefly, a critical truth: To work, boycotts need a clearly identified target related in some way to the boycott’s goal. Here in North Carolina, business leaders who have legislators’ ears are seeing economic-development opportunities fly out of the window — and they also know that there undoubtedly more opportunities passing us by that we never even see, company formations or expansions for which we’re never even considered, because of the bigotry among the Republicans who control the Lege.
What might such a dynamic look like with respect to getting the police fully back under civilian control — because they are only nominally there now in many jurisdictions — and making the political changes, not just law-enforcement changes, necessary so that law enforcement officers can truly work for justice, rather than merely function as tools for keeping what one privileged segment of society considers to be order?
I have one suggestion. It might not be the best. It might not even be particularly good. And God knows whether it’s workable. But it identifies a clear target that is related directly to the goal of changing the policial framework that dictates how law enforcement operates, so that law enforcement will operate in the interests of true justice:
A tax boycott.
People of color and their allies could stop paying their state and local income and property taxes until state and local governments and their police forces take specific, quantifiable steps to reduce that violence.
People of color pay taxes, just like anyone else, to support a government that is required by law to provide equal protection under the law. Yet it is abundantly clear that that government does not provide equal protection. Further, the majority-white power structure in most jurisdictions doesn’t care, or else more steps would have been taken before now.
What might the steps that people demand look like? That would be up to each community or state to decide. For purposes of discussion, I’ll throw out some possibilities:
- Mandatory, periodic training, retraining, and certification in de-escalation techniques.
- Mandatory, periodic training, retraining, and certification in dealing with subjects with mental illness.
- An increased commitment to community policing. A lot of departments are doing a lot of this now. We need more. It is in officers’ own safety interests to be seen as part of the community, someone you run into every day, and not as an occupying army.
- Repeal of the new state law, HB 972, which permits release of police body-cam and dashcam video only with the permission of a judge. Here in N.C., those videos should be treated the same as any other public record under North Carolina law, which is to say that they should be presumptively public.
- Civilian police review boards with subpoena power.
- Demilitarization of state/local law enforcement and return of military-grade equipment to the federal government. (This one in particular I’m not on board with; there are so many firearms and other weapons on the street that a lot of departments need at least some of this stuff to avoid undue risk to officers. But there also are a lot of places that will never in a million years need it.)
Such a boycott would have a clear target. The target would be related directly to the problem. I have no idea if it would work. And the consequences for at least some potential participants could be devastating — and these are people who already have endured devastating consequences.
But if that many people took part — tens of millions of Americans in all 50 states — governments couldn’t jail/foreclose on all of them.
Again, to be clear, I am not advocating this specific course of action. But I think people of good will do need to talk about what it will take to force the kind of lasting political change that will, if not end this phenomenon, at least make it much rarer. This suggestion is one idea about what an effective course of action might look like.
But Shaun King is right: Protests alone, while serving a valuable purpose in raising awareness, aren’t effecting change. History suggests that money, almost alone, talks. So money must find its voice if lives are going to be saved.
(h/t Jill Williams for bringing King’s column to my attention and prompting my thoughts on this subject.)
Thursday, September 22, 2016 8:45 pm
I was born in Charlotte in 1960 and grew up there, so I lived there through the disturbances surrounding Martin Luther King’s assassination in 1968 and surrounding the busing for desegregation in the early 1970s. I graduated from high school there and from nearby Davidson College. And for all but 18 months of my adult life, I have lived within an hour or two’s drive. My stepmother and brother live there today, as do other relatives. I grieve at what has happened there, but I also know there is no reason why it shouldn’t have happened there, just as there is no reason why it shouldn’t happen here in Greensboro or, really, anywhere else in this country.
What we know is that Charlotte-Mecklenburg police shot and killed an African American man, Keith Lamont Scott, Tuesday afternoon. We have wildly differing accounts as to why, and this morning, the police chief said that police video of the shooting does not provide “definitive” evidence that Scott was pointing a gun. That’s important: North Carolina is an open-carry state, so Scott was permitted to have a pistol in public, as the NRA would be shouting from the rooftops if it weren’t a racist organization. Only if Scott were an “imminent” threat — if he were pointing the gun at someone — would his shooting have been legally justified.
Without definitive video evidence, we are left only with the word of police officers. They might be telling the God’s honest truth, but a lot of people won’t believe them because if there’s one thing the smartphone era has made clear, taking cops’ word for it in any and all situations is a fool’s errand. Just today, a police officer in Tulsa, Oklahoma, was charged with manslaughter for shooting an unarmed African American man who had his hands in the air and, clearly, on video, posed no threat. Absent the video, there’s every reason to believe that the officer who shot him would have skated. So you don’t need a PR expert to know that if all you have to go on is the word of police officers, a whole lot of people simply aren’t going to believe you.
And so there were demonstrations Tuesday night and Wednesday night in Charlotte, and follow-on rioting both nights. Gov. Pat McCrory has called in the National Guard. Charlotte Mayor Jennifer Roberts, at this twilight-fading-to-dark writing, has not imposed a curfew. And as my friend Ed Hardin from Charlotte writes, a lot of people are hoping tonight for rain.
We don’t know exactly what happened on Tuesday in Charlotte, and absent dispositive video evidence, we likely never will. That’s awful for all involved. But here are some things we do know, in no particular order:
This country has a problem with its law enforcement. Disproportionately more unarmed African Americans die at the hands of police than do whites. Meanwhile, a lot of white criminals, such as the suspect in last weekend’s terrorist bombing in New York, can actually shoot at police and still be taken alive. (And, critics, stop linking to that New York Times article — you know the one. It says in so many words that the study it describes does not focus on the killing of unarmed people of color by law enforcement. And that is the issue here. So that article is irrelevant.) Whether the problem is individual racism, flaws in training, both, or something else entirely, we need to find it and fix it. But before we can do that, we have to admit it, and way too many people are in denial about this.
Law enforcement needs to take a long, hard, critical look at itself. One of the patterns we’ve observed in many cases of law-enforcement violence against people of color is that while one individual officer may be the proximate perpetrator, others frequently lie to support the perp’s version of events or, at the least, fail to report the criminal behavior of their co-workers. That culture is radioactive. It needs to be ended. And if a whole lot of cops have to lose their jobs to make it happen, I will not shed a tear. I don’t want corrupt cops on my payroll, not only because it’s wrong on the merits but also because if my city or county or state gets sued because of their corrupt behavior, I, the taxpayer, will have to pay the judgment. And cops who fail to report and help prosecute their criminal co-workers are corrupt, full stop.
This problem with law enforcement, which is resulting in too many prematurely dead African Americans, is more important than property damage. And yet way too many commenters are focusing on the rioting at the expense of the dead people. Stop it. You’re exposing yourselves as moral midgets. Yes, both are wrong, but one is a lot more wrong than the other.
Too may critics are conflating “demonstrators” — and even “the black community” — with “rioters.” This one is almost, but not quite, self-explanatory. An uncomfortable truth is that demonstrators often serve as unwitting stalking horses for rioters, in this sense: Rioters almost never show up in situations in which a demonstration is not already happening. That’s because rioters are cowards coasting on the courage of others. Any fool can throw a brick through a window. It takes guts to stand up publicly against a militaristic law-enforcement apparatus one perceives as corrupt, armed only with one’s convictions and maybe a sign — guts that rioters simply do not have. If would-be demonstrators stayed home, so, too, would the rioters. And yet people have the constitutional right to demonstrate, and, indeed, an obligation to do so, inasmuch as major social change in this country seldom happens without demonstrations of some kind. It therefore behooves everyone else to properly distinguish between demonstrator and criminal, and way too many people — including some in the media who damned well ought to know better — are failing in this obligation.
In a weird way, HB2 is to blame. OK, we don’t actually know this, but: I can’t help thinking that Gov. Pat McCrory, a former Charlotte mayor, and current Mayor Jennifer Roberts would be on better terms if not for HB2, and that the governmental response to the situation would be better organized and coordinated. But from all I’ve seen, the two aren’t really on speaking terms right now — which is McCrory’s fault, with HB2 the proximate cause.
Some incredibly ignorant people are going to say that MLK wouldn’t have approved of all this uproar. To which I respond, probably not, but he damn sure would have understood it. Here he is speaking, about two weeks before he died:
It is not enough for me to stand before you tonight and condemn riots. It would be morally irresponsible for me to do that without, at the same time, condemning the contingent, intolerable conditions that exist in our society. These conditions are the things that cause individuals to feel that they have no other alternative than to engage in violent rebellions to get attention. And I must say tonight that a riot is the language of the unheard.
I say to you my friends this afternoon that I am convinced in so many instances that people of ill will have used time much more effectively than the people of good will. It may be that we will have to repent in this generation not merely for the vitriolic words and the violent actions of the bad people who would bomb a church in Birmingham, Alabama, or who would shoot down an Episcopal theological student in Lowndes County, Alabama, but also for the appalling silence and indifference of the good people who sit around as they wait on time. Somewhere along the way, we must realize that human progress never rolls in on the heels of inevitability, it comes through the tireless efforts and the persistent work of dedicated individuals who are willing to be coworkers with God….
We must realize that the time is always right to do right. (h/t John Burns for both quotes)
I fear that this will get worse before it gets better, but here’s something else I know: White people need to sit down, shut the fuck up, and listen to their brothers and sisters of color. Unarmed black men getting gunned down in the streets while white wanted terrorists who shoot at cops get taken alive isn’t something you can explain away from the comfort of your wood-paneled suburban den, and it is a mark of moral retardation that people are even trying.
Apparently there is no situation so bad that Glenn “Instapundit” Reynolds cannot make it worse.
Once upon a time, one could argue that Reynolds was at least an interesting and iconoclastic thinker from time to time, but he passed his sell-by date a long time ago.
My alma mater, Davidson College, has invited alt-right icon, provocateur, and general sociopath Milo Yiannopoulos to speak next month. The event is open only to Davidson students and facstaff, not the general public. Here’s how the invite to that community was framed:
In keeping with the [Center for Political Engagement]’s dedication to discourse, we announce our first scheduled speaker for the 2016-2017 school year: Milo Yiannopoulos.
Yiannopoulos is a highly controversial writer at Breitbart and an incendiary public figure who loves messy and rough discourse, often intentionally using language and rhetoric to play on the emotions of his counterparts and undermine their argument.
We present him as he presents himself: a figure to grapple with, challenge and learn something from. We are incredibly excited to see what Davidson will bring to the table. We believe in your ability to rise to the challenges Yiannopoulos so purposefully puts forth. We believe in your ability to engage with ideas on any point of the political spectrum. We believe in your ability to take the ideas and rational, linear discourse of the classroom and translate that into a messy and real world interaction. We believe in the power of such conversation to both expand and hone our views and arguments.
The question now is: do you accept the challenge?
I have mixed feelings about this.
On the one hand, speaking at Davidson is a privilege, and I would rather that prestige, money and mindshare not have gone to someone who so gleefully contradicts most of what the college stands for, particularly its Honor Code.
On the other hand, this invitation reads like, if I may mix my metaphors, a shooting license to students: Come listen to this guy, and then, when he has had his say, cut him some new assholes. (And keeping the event Davidson-only means that Yiannpoulos won’t have his groupies on hand to disrupt the proceedings.)
I wouldn’t have done it. Inviting him — and accepting him on his own terms — gives him a legitimacy he hasn’t earned and doesn’t deserve and ignores the significant damage he and his groupies have done to reasoned public discourse in this country at a time when reasoned public discourse is rare, getting rarer, and probably more desperately needed than at any time since Dec. 8, 1941. It’s not quite as bad as inviting, say, Joseph Goebbels, but you can see there from here.
But now that the invitation has been extended, I also don’t think it can or should be rescinded. And I hope and trust that students will accept the invitation in the spirit in which it was extended, and show up with long, sharp rhetorical knives.
Saturday, September 17, 2016 2:45 pm
Two of our greatest American institutions are badly failing us today — our news media, and our very electorate. Both like to think of themselves as standing up for our essential American-ness, embracing values as defined in, say, the Declaration of Independence, the Constitution, and even the Pledge of Allegiance. But both groups are lying, to us and to themselves.
Evidence of the problem can be found in the news media’s problems in covering Donald Trump, which I addressed earlier this week, and I’ll have more to say on that in a bit. But let me start with the electorate.
We voters like to think of ourselves as spokespeople for American values, holding these truths to be self-evident — a free and independent country, a democratic republic where all are equal, with liberty and justice for all, and so on and so forth. In point of fact, those truths are not self-evident; they are evident only to the extent that we do the work of making them real, every day, everywhere. And that is not what American voters have chosen to do. Largely although not exclusively by embracing Donald Trump as a presidential candidate, a large minority of Americans has said something quite different: that they choose to be ruled by a tyrant.
This is not a new development. That segment of Americans has always been present and has been politically active continuously since World War II. They were there in the 1950s, lining up behind Joe McCarthy; they were there in the 1960s, hailing the domestic spy and hypocrite J. Edgar Hoover long after it was clear he was a constitutional abomination; they were there in the 1970s, defending the indefensible Richard Nixon; they were there in the ’80s, supporting the lawbreaking and increasingly senile Ronald Reagan; they were there in the ’90s, cheering George H.W. Bush’s pardons of the Iran-contra lawbreakers as he left the White House; they were there in the aughts, angrily denigrating anyone who didn’t support the Bush administration’s serial violations of U.S. and international law; and they are here today preparing to cast a ballot for a dyed-in-the-orange-wool fascist. Take it away, Esquire’s Charlie Pierce:
A substantial portion of this country wants someone not to govern, but to rule, to defeat the imaginary enemies they have concocted so as not to bestir themselves to resist the forces that actually are working against their interest. For the balance of this election cycle, and largely due to the presence in it of this ridiculous man and his ridiculous campaign, the American people have proven themselves profoundly unworthy of being called citizens. …
[Trump’s personal and financial involvement with Moammar Qaddafi] likely will occasion another spasm of impotent introspection on the part of our elite political media on the topic of, “Why doesn’t any of this stick?” But few of the members of that media will dare to look at the real answer, which is that there is a substantial constituency for what Trump has been peddling. … Americans are bored with their democracy and they don’t have the democratic energy to do anything about it, so they’ll settle for an entertaining quasi-strongman. When they decline, democracies get the dictators they deserve. A country mired in apathy and lassitude gets a dictator who can’t even put in the hard work of becoming very good at it. …
But the truth is that the facts are out there if anyone wants to make the effort and find them. (The elite political media makes this harder by its curious reluctance to let these stories fully inform its coverage of the campaign.) That’s our collective job as citizens, and to do it requires a collective national will that no longer may be in us. With every new poll that is released, I comfort myself with the knowledge that Donald Trump is not willing to put in the hours to be a competent authoritarian, which is cold comfort, I know, but you take what you can get.
That cannot be said of the next guy to try it, and there will be a next time, because the basic tectonic plates beneath our democracy have shifted so as to make the next guy inevitable. The mechanics of tyranny are not a magician’s prestige, the third part of a trick in which the lady is reassembled or the rabbit brought back to the hat. The mechanics of tyranny are primal in all of us, and vestigial in very few. They are reflexes, like breathing or flinching. We engage them without thinking. In fact, that’s the very best way to do it.
These are people who largely have decided not to do the hard work of self-goverance. Rather than seeking wisdom, or at least knowledge, they seek candidates who reflect their preconceptions and prejudices and who seek extraconstitutional power. They do so secure in the belief, though lacking any proof of that belief, that should such a tyranny come to pass, they would never suffer.
Why do they do so?
One big part of the problem, as I noted on Monday, is that the U.S. news media, for the most part, has not provided the information that a free people need to govern themselves, but the problem with the press is bigger than that. Donald Trump has presented the press with a campaign in which it is important, perhaps for the first time, for the press to respond not only with facts but also with values — and the press has almost completely failed to do so.
When Web 2.0 and social media began to become a thing back in the early 2000s, I wrestled with this issue in my role as an editor, Web jockey and blogger for the News & Record in Greensboro. Among the many things that seemed clear to me was that “objectivity,” the standard of the mainstream U.S. news media for the past century or so, was an inadequate standard for a changing industry. I suggested to co-workers at that paper and in the industry, and to the occasional reader who asked, that we needed something different, something more.
I argued, in different times and places and with differing levels of coherence, that we needed not objectivity, but fairness, accuracy and transparency in pursuit of what Bill Kovach and Tom Rosenstiel, in their book “The Elements of Journalism,” called “the discipline of verification.” With respect to transparency, I said, news organizations need to be open to their publics about how they do what they do, and about why they do it. And those reasons, I argued further, should stem from clear, well-defined values.
What should those values look like? I never completed a list, but I did start one. I would have hoped, for example, that a U.S. news organization would embrace and stand for some of the country’s fundamental values — like, well, liberty and justice for all. Equal protection under the law. Government by the people, which meant, as a practical matter, that the people needed to be able to know in almost all circumstances what the government was doing, and how, and with whose money and for whose benefit.
It sounds pretty basic and pretty logical, but the longer I spent in newspapers, the less I believed that the U.S. news media really stood for this stuff anymore, if it ever had. (Some of the country’s best, and best-known, newspapers were segregationist until relatively recently, for example. For another example, U.S. news media did not uniformly criticize our government’s use of torture, a crime against both U.S. and international law for which it had hanged representatives of other governments.)
And that is part of the reason why the media are failing to confront the danger that a possible Trump candidacy poses to those American values, writes Brian Beutler in The New Republic: The press hasn’t expressed those values because it hasn’t embraced them except in very attenuated circumstances. What it values most is itself.
The press is not a pro-democracy trade, it is a pro-media trade. By and large, it doesn’t act as a guardian of civic norms and liberal institutions—except when press freedoms and access itself are at stake. Much like an advocacy group or lobbying firm will reserve value judgments for issues that directly touch upon the things they’re invested in, reporters and media organizations are far more concerned with things like transparency, the treatment of reporters, and first-in-line access to information of public interest, than they are with other forms of democratic accountability.
That’s not a value set that’s well calibrated to gauging Trump’s unmatched, omnidirectional assault on our civil life. Trump can do and say outrageous things all the time, and those things get covered in a familiar “did he really say that?” fashion, but his individual controversies don’t usually get sustained negative coverage unless he is specifically undermining press freedom in some clear and simple way.
Even then, though, the press has no language for explicating which affronts to press freedom are more urgent and dangerous than others. All such affronts are generally lumped together in a way that makes it unclear whether the media thinks it’s worse that Trump blacklists outlets and wants to sue journalists into penury or that Clinton doesn’t like holding press conferences.
The result is the evident skewing of editorial judgment we see in favor of stories where media interests are most at stake: where Clinton gets ceaseless scrutiny for conducting public business on a private email server; Trump gets sustained negative coverage for several weeks when his campaign manager allegedly batters a reporter; where Clinton appears to faint, but the story becomes about when it was appropriate for her to disclose her pneumonia diagnosis; where because of her illness, she and Trump will both be hounded about their medical records, and Trump will be further hounded for his tax returns—but where bombshell stories about the ways Trump used other people’s charity dollars for personal enrichment [or about how his financial dealings conflict directly with national interests — Lex] have a hard time breaking through.
News outlets are less alarmed by the idea that Trump might run the government to boost his company’s bottom line, or that he might shred other constitutional rights, because those concerns don’t place press freedoms squarely in crosshairs. Controversies like his proposal to ban Muslim travel into the U.S., create a deportation force to expel millions of immigrants, and build a wall along the southern border are covered less as affronts to American values than as gauche ideas that might harm his poll numbers with minorities. Trump’s most damaging scandal may have been his two-week political fight with the Khan family, but even there, the fact that Trump attacked the Khans’ religious faith was of secondary interest to questions like whether attacking a Gold Star family of immigrants would offend veterans and non-whites who might otherwise have voted for him.
Against that backdrop, it’s no surprise that when liberal intellectuals argue the press’ coverage of Trump and Clinton is out of whack, in ways that imperil the democracy itself, members of the media don’t see a world-historical blindspot that must be urgently corrected. They see an attack on the trade itself—and reflexively rush to protect it.
So when someone points out weaknesses — often huge ones — in the press coverage of Trump, the press doesn’t perceive the criticism as highlighting a danger to the country, it perceives the criticism directly as a danger to itself. As Beutler notes, this tendency was highlighted by Liz Spayd, the grossly inferior successor to Margaret Sullivan as public editor (ombudswoman, if you will) of The New York Times.
This problem can be prevented if the press will define and then act in accordance with its explicit values as elucidated in the founding documents, crafting those values as reflective of the press’s historical role as the representative of the people, all the people, who govern this country: its citizens. It also can be prevented if journalists will stop spending so much of their time worrying about what effect this proposal or that comment will have on one candidate or the other’s standing, and worry instead about what we talked about earlier: pursuit of the discipline of verification, including eyewitness verification.
Most prominent political reporters have covered more than one election. This is my third election as a professional political writer; James Fallows has been doing this since the 1970s. Whether you have a short or long view, you’ve seen enough to say authoritatively that Trump is different from all major party nominees in living memory. It is not normal in modern times for a major party nominee to be an erratic, racist demagogue; and it is almost definitionally abnormal for a major party nominee to be described as such by leading members of his own party.
These are the cardinal facts of this election. They should be the dominant upshot of any significant increment of news coverage and analysis—the thing that reaches and sticks with casual news consumers, in the same way that even musical dilettantes can hum the leitmotif of Beethoven’s fifth symphony.
That is a journalistic judgment, just as sending hundreds of reporters to Louisiana to cover Hurricane Katrina was a journalistic judgment. It is not a Democratic or liberal judgment. It is not the equivalent of saying that unflattering revelations about Clinton should be suppressed or that any particular new revelation about Trump should be overhyped. It’s simply to say, through the many means we have to indicate what is important, what is breaking news, what is worthy of discussion, “we have seen this, it is ongoing, and it is extraordinary.” And then let the chips fall where they may.
For several weeks now—including since Labor Day, when most Americans truly began paying attention to the campaigns—these truths, which we all took for granted six months ago, have not been communicated to glancing news consumers. They’ve receded from most article leads, headlines, front pages, and A-block TV segments.
That development is the product of many collective choices and thousands of individual ones. It is an institutional failure, and as such, a major and abrupt course correction seems highly unlikely. But that doesn’t absolve reporters, editors, producers or anyone else who is part of the system. There’s still time to alter our focus, however incrementally, so that it better captures what’s new and alarming, and all journalists have some degree of power to nudge it in that direction. The goal is not to swing an election, or call Trump mean names, or render partisan judgment about whether electing him would be a world-historical mistake. It’s simply so that after this is all over, however it shakes out, we can say we bore witness faithfully.
What we do about the large minority of the electorate that appears to desire, or at least be content with, the election of a tyrant is a larger and more difficult question, likely encompassing everything from family dynamics and civic education to neuropsychology. And the stakes could not be higher outside the realms of global warming and giant meteors: The future of the 240-year-old American experiment depends on our finding an answer, for as Pierce observes, while this tyrant is quasi-comical and in many ways inept, the next tyrant quite likely will be neither. But one thing that cannot hurt and almost certainly will help is a press that strives to pursue the discipline of verification within the context of explicitly stated and observed values that will inspire us to be our best national self, which is the best the world has to offer.
Monday, September 12, 2016 6:32 am
If Donald Trump is elected our next president, there will have been several reasons why, but the most important one by far will have been the national news media’s performance. The media have both beaten up Hillary Clinton over nonexistent “scandals” and ignored or downplayed aspects of Trump’s character and actions that in any sane society would render him fundamentally unfit to be a major party’s nominee for the highest office in the land.
Examples of the former date back at least as far as the original New York Times story on the Whitewater real-estate deal in 1992, in which Bill and Hillary Clinton were suspected of having somehow benefitted improperly — the fact that they lost money notwithstanding. In Hillary Clinton’s case, they have included allegations of wrongdoing over investing in cattle futures, misplacing documents, and mishandling emails, and in no case was Clinton found to have committed wrongdoing.
Most recently, the Associated Press purported to prove that donors to the Clinton Global Foundation had somehow benefitted improperly with their relations with Hillary Clinton while she was Secretary of State. In point of fact, none of them did. Two weeks after it tweeted that it had found “pay for play” in those relationships, a claim the AP’s own reporting did not bear out, the AP took that tweet down with no explanation or apology that I’m aware of.
And just this weekend, the media, following as always the lead of their GOP sources, have acted outraged that Hillary Clinton referred to half of Trump supporters as a “basket of deplorables.” Only here’s what Clinton actually said:
You know, to just be grossly generalistic, you could put half of Trump’s supporters into what I call the basket of deplorables. Right? The racist, sexist, homophobic, xenophobic, Islamaphobic—you name it. And unfortunately there are people like that. And he has lifted them up. He has given voice to their websites that used to only have 11,000 people (and) now have 11 million. He tweets and retweets their offensive, hateful, mean-spirited rhetoric. Now, some of those folks — they are irredeemable, but thankfully they are not America. But the other basket — and I know this because I see friends from all over America here — I see friends from Florida and Georgia and South Carolina and Texas — as well as, you know, New York and California — but that other basket of people are people who feel that the government has let them down, the economy has let them down, nobody cares about them, nobody worries about what happens to their lives and their futures, and they’re just desperate for change. It doesn’t really even matter where it comes from. They don’t buy everything he says, but he seems to hold out some hope that their lives will be different. They won’t wake up and see their jobs disappear, lose a kid to heroine, feel like they’re in a dead-end. Those are people we have to understand and empathize with as well.
Was it scandalous that Clinton said this? On the contrary, polling shows that she is understating the problem. Hell, The New York Times found that almost 20 percent of Trump supporters thought freeing the slaves was a bad idea and another 17 percent weren’t sure. They’re not just a basket of deplorables, they’re a kettle of vultures and a gen-u-wine Bucket o’ FAIL. Hell, Trump himself frequently retweets people who are white supremacists themselves and/or follow some of the leading white-supremacist Twitter accounts.
And yet somehow Republicans and the media alike thought Clinton owed these people some kind of apology, with CNN describing Clinton’s assertion as a “shocking statement.”
Meanwhile, the media continue to normalize Trump’s bullying, narcissism, and bigotry, which has been blatantly obvious since he started his campaign more than a year ago with this assertion:
When Mexico sends its people, they’re not sending their best. They’re not sending you. They’re not sending you. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.”
Oh, some are good people. How big of him.
Trump has proven himself to be a serial liar of world-historical proportions. He has lied about tariffs, reporters, his own political performance, the economy’s performance, and whether he was self-funding his campaign. He has lied, bigly, about his charitable giving. He even has lied about who was the biggest liar in the GOP nomination race. And one finding of the independent fact-checking site Politifact is that not only is Trump the most dishonest major politician on the U.S. scene today, Hillary Clinton is second only to Barack Obama in honesty.
His temperament, which some professionals have identified as narcissistic personality disorder, makes him a significant threat to place in charge of the nation’s nuclear weapons.
Yet despite clear evidence that Trump is too deeply flawed to be qualified for president, cable news gave him far more free air time than it gave his GOP opponents for the nomination:
According to The New York Times, Trump has received $1.9 billion worth of earned media, which includes coverage of the candidate on television and social media, and in newspapers and magazines. That is more than twice the amount of earned media Democratic Party front-runner Hillary Clinton has received and more than six times the amount received by Sen. Ted Cruz (R-Texas), the second-biggest earner of free media among Republicans.
Meanwhile, print/online pundits have persisted in reassuring the American people that he would “pivot” away from such views after winning the nomination to appeal to more moderate voters. This is staggering, for there has been no evidence whatever that such a transformation was ever in the cards. Trump has lied voluminously, but he has said one thing that the media need to take to the bank: “I am who I am. It’s me. I do not want to change.”
As I write, Trump trails Clinton by 5 percentage points in national polls, and, also at this writing, the way to 270 electoral votes appears shorter and straighter for Clinton than it does for Trump. But given the dramatic difference in qualifications of the two major-party nominees, the gap ought to be much wider.
Part of the problem is that about three in four white evangelical Christians say they’ll vote for Trump. That group makes up almost half the Republican primary vote and, on the basis of Christ’s teachings, might be expected to reject Trump’s bullying and bigotry. A number of prominent evangelical leaders have done so, but the rank and file appear almost all in (and some other evangelical leaders are just cashing in).
But I think a significant segment of the blame also lies with U.S. news media, who seek to create equivalence between Trump and Clinton when there simply is none.
Why? I don’t know. I suspect sexism plays a nontrivial role. In addition, perhaps the people who run news media are, as a group, Trump supporters. Perhaps they simply want to see a close race, figuring that that would generate higher ratings and readership (and possibly increased political-ad revenue as well). Perhaps reporters and pundits are in a rut of adhering to narratives that either were never true or, if they once were true, no longer are. Perhaps all of the above.
But whatever the reason, it adds up to journalism that is at best lazy and incompetent and at worst dishonest and dangerous, given the stakes for the Republic if Trump wins. And that will be the big takeaway of news-media coverage of this campaign, whatever the outcome of the election.
Sunday, September 11, 2016 7:15 am
As always on this date, I refer you to the gospel according to Sarah Bunting, “For thou art with us …”
We’ll talk soon.
Tuesday, September 6, 2016 7:51 pm
Schlafly spent a far-too-long life masquerading as a Christian while doing everything she could to make millions of women, minorities, LGBTQ folks, and others miserable. The fact that she lived to 92 while David Bowie is dead is proof that there is no justice in the world.
Schlafly was reputed to have said that there would be a woman president over her dead body (Snopes claims otherwise, h/t David Harley Boyd). If she didn’t say it, she might as well have, given how hard she worked to eliminate that possibility and many others for so many women, and I for one am glad God found those terms acceptable.
Wednesday, August 31, 2016 7:31 pm
I have mixed feelings on this Bleacher Report story by Mike Freeman:
Across NFL front offices, there are team officials who are not offended, and even embrace, the controversial position of Colin Kaepernick. They are out there. Statistically, they have to be. But they are keeping a low profile.
They seem to be far outnumbered by the members of NFL front offices who despise him. Truly, truly hate him.
“I don’t want him anywhere near my team,” one front office executive said. “He’s a traitor.”
He wasn’t alone in the anger directed toward Kaepernick. In interviews with seven team executives, each said he didn’t want Kaepernick on his team. This is far from scientific, but I believe this is likely the feeling among many front office executives. Not all. But many.
All seven estimated 90 to 95 percent of NFL front offices felt the same way they did. One executive said he hasn’t seen this much collective dislike among front office members regarding a player since Rae Carruth. Remember Rae Carruth? He’s still in prison for the plot to murder his pregnant girlfriend.
Personally, I think the dislike of Kaepernick is inappropriate and un-American. I find it ironic that citizens who live in a country whose existence is based on dissent criticize someone who expresses dissent.
But in NFL front offices, the feeling is very different.
The story goes on like that for a good bit longer, letting one exec after another take some often-ridiculous potshots at Kaepernick, who refused to stand during the national anthem at last Friday’s 49ers-Packers game in protest of police violence toward people of color.
So, let’s take these executives’ complaints about Kaepernick at face value and analyze them, starting with the executive quoted above:
- “He’s a traitor.” Well, no, he’s not. Treason is the only crime defined in the Constitution, and the Constitution defines it as making war against the United States or giving aid and comfort to the enemy. Kapernick is guilty of neither.
- “”He has no respect for our country. F— that guy.” I’m not sure how this exec became a mind reader, but let’s assume for a second that he’s correct. Given the real and documented nature of the problem about which Kaepernick is complaining, why should he respect this country, which asserts it offers “liberty and justice for all” but which in practice has a long way to go before that will be true?
- “Another said that if an owner asked him to sign Kaepernick, he would consider resigning, rather than do it.” No reason given, but I wonder how this exec feels about signing domestic abusers and dogfighters.
- ” (Executives) also don’t believe he appreciates what he has. Many of them pointed to Kaepernick’s salary and said he would never make that kind of money if not for football.” What the hell does that have to do with anything? Kaepernick made it very clear that he was speaking in support of people of color generally, not just for himself. He was using a platform that he has that most people of color do not. Do league executives, who famously don’t give up a penny not called for in the contract, actually think that paying a player buys his silence on topics of which team execs do not approve?
Granted, not many direct quotes here, but what quotes there are don’t seem to come from a place of reflection or even logic.
Now, I’m glad that Freeman did this story. It’s good to know how at least some league execs feel. But I have some problems with it as well.
For one thing, we have only Freeman’s word that it’s in any way representative of team execs around the league. Seven is a very small sample.
But more damningly, I think it was unethical of Freeman to grant these men (I’m certain they were all men) anonymity in order to hurl their invective at Kaepernick. If these guys felt as strongly as Freeman would have us believe, certainly they’d have been willing to go on the record. And if they weren’t willing, then that calls into question just how right they actually think they are.
Which leads us to the question of what, exactly, is going through these executives’ minds. We hate what we fear. Are these execs really afraid of what would happen if this country, as Kaepernick suggested, got serious about erasing racial discrimination, especially in law enforcement? Or, on a more basic level, are they just afraid of people of color in general?
Either way, such fear not only is not grounded in reality, it’s un-American. The NFL makes a big deal about being the most patriotic of our national sports, but its executives would appear to have a lot to learn about the ideals on which this country was really founded and what it takes to make those ideals real.
Tuesday, August 30, 2016 7:35 pm
San Francisco 49ers quarterback — for the moment — Colin Kaepernick got a whole bunch of people’s panties in a twist when he sat down during the national anthem this past Friday. But, to paraphrase Esquire’s Charlie Pierce, at least he’s shouting at the right buildings:
I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color. To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.
“Getting away with murder.” That is the issue. Please to focus.
Kaepernick, who is himself of multiracial ancestry, has more than just his literal skin in this game: At this writing, it’s unclear whether he even still has a job with the 49ers independent of his protest (although he’s slated to start the final preseason game), and his protest makes it less likely that another NFL team might hire him and makes him a less likely prospect for endorsement deals. That’s a ton of money to be potentially walking away from, but he has made it clear that he couldn’t care less.
I am not looking for approval. I have to stand up for people that are oppressed. … If they take football away, my endorsements from me, I know that I stood up for what is right.
First things first: Is what he is doing “legal”? Yes. There’s no First Amendment issue here because government is not involved, and there’s no law against what he did. The NFL does not require players to stand for the national anthem. 49ers coach Chip Kelly told reporters, “It’s not my right to tell him not to do something.” And the team itself issued a statement:
The national anthem is and always will be a special part of the pre-game ceremony. It is an opportunity to honor our country and reflect on the great liberties we are afforded as its citizens. In respecting such American principles as freedom of religion and freedom of expression, we recognize the right of an individual to choose and participate, or not, in our celebration of the national anthem.
DeMaurice Smith, head of the players’ union, the NFL Players Association, made clear that the union stands behind Kaepernick even though Smith said the form Kaepernick’s protest took made him personally uncomfortable:
I’m not sure that any father, son, mother, you know, brother whose family member is on that playing field would want to hear that their family member should just shut up and play, because that reduces you to something less than human.
Next question: Is his cause justified? Based on the facts, on the merits, absolutely. Even in recent years, discrimination against African Americans and other minorities has been documented in employment, housing, lending, and other areas. And the recent cases of unarmed African Americans being killed by police, to which Kaepernick spoke directly, speak for themselves. This country wrote itself some huge checks in 1776 and 1787, checks that we are still struggling to cash today. That’s a fact, and Kaepernick is not wrong at all to point it out. And I’ll have more to say on that in a bit.
Next question: Was his method “appropriate” — i.e., the best way to get his message across? A lot of people don’t think so. Former 49ers coach Jim Harbaugh, now at the University of Michigan, initially said, “I don’t respect the motivation or the action,” before later “clarifying,” “I apologize for misspeaking my true sentiments. To clarify, I support Colin’s motivation. It’s his method of action that I take exception to.” And New Orleans Saints quarterback Drew Brees told ESPN, “there’s plenty of other ways that you can do that in a peaceful manner that doesn’t involve being disrespectful to the American flag.” Brees particularly thought Kaepernick’s protest was disrespectful to the military even though Kaepernick specifically said that what he did was not intended to disrespect the military. And the San Francisco police union wants an apology (more on that in a bit, as well).
But here’s the thing about protest: It’s meant to make people at least a little uncomfortable, because comfortable people usually don’t often get involved in unpopular but positive change. From the Boston Tea Party to the Pullman strike, from the March on Washington to the Greensboro sit-ins and beyond, Americans have stood up, or sat down, for all kinds of issues, most of which resulted in the betterment of society and some of which made this country possible. Jackie Robinson, the first African American to play in major-league baseball, felt the same way as Kaepernick:
There I was, the black grandson of a slave, the son of a black sharecropper, part of a historic occasion, a symbolic hero to my people. The air was sparkling. The sunlight was warm. The band struck up the national anthem. The flag billowed in the wind. It should have been a glorious moment for me as the stirring words of the national anthem poured from the stands. Perhaps, it was, but then again, perhaps, the anthem could be called the theme song for a drama called The Noble Experiment. Today, as I look back on that opening game of my first world series, I must tell you that it was Mr. Rickey’s drama and that I was only a principal actor. As I write this twenty years later, I cannot stand and sing the anthem. I cannot salute the flag; I know that I am a black man in a white world. In 1972, in 1947, at my birth in 1919, I know that I never had it made.”
And of course there’s the case of Muhammad Ali, who was stripped of his heavyweight title in 1966 because, as a conscientious objector, he refused to be drafted. He was convicted of draft evasion, but he took the U.S. government all the way to the Supreme Court and whipped it like a rented mule. Upon Ali’s recent death, he was hailed as an activist and a man of conscience for his actions. Kaepernick is getting a lot of criticism, but his action was less disruptive than Ali’s and sits squarely within the same long tradition.
And here’s another thing about protest: You don’t get to choose the means for protesters to protest. That’s their call, and as long as it’s within the law (or, for civil disobedience, as long as protesters are willing to pay society’s price), you don’t get to say anything about it. You have no — what’s the word? — standing.
Beyond all that perspective on protest, there’s the particular nature of what’s behind objection to this particular protest: political idolatry. God commands the Israelites in the Second Commandment not to worship graven images. But that’s what a lot of Americans do when it comes to patriotism. They’ve tried to ban flag burning (the Supreme Court, including the late Antonin Scalia, held it to be protected political speech). They seek to enforce conformity in how people express their patriotism, either not knowing or not caring that to do so is the very opposite of political freedom. In short, they confuse patriotism’s idols — the flag, the anthem, even the U.S. military — for the actual qualities we say we embody. Meanwhile, issues like discrimination, poverty, and abusive police officers continue to go unaddressed without a whole lot of complaint, or even caring, by the majority of Americans. Kaepernick was pointing out an inconsistency, if not a hypocrisy, between what we say about ourselves and what we actually do. Yeah, it stings — but it stings because he’s right.
Moreover, there is racism in the national anthem itself, as this excellent article at TheRoot.com shows:
To understand the full “Star-Spangled Banner” story, you have to understand the author. Key was an aristocrat and city prosecutor in Washington, D.C. He was, like most enlightened men at the time, notagainst slavery; he just thought that since blacks were mentally inferior, masters should treat them with more Christian kindness. He supported sending free blacks (not slaves) back to Africa and, with a few exceptions, was about as pro-slavery, anti-black and anti-abolitionist as you could get at the time.
Of particular note was Key’s opposition to the idea of the Colonial Marines. The Marines were a battalion of runaway slaves who joined with the British Royal Army in exchange for their freedom. The Marines were not only a terrifying example of what slaves would do if given the chance, but also a repudiation of the white superiority that men like Key were so invested in.
All of these ideas and concepts came together around Aug. 24, 1815, at the Battle of Bladensburg, where Key, who was serving as a lieutenant at the time, ran into a battalion of Colonial Marines. His troops were taken to the woodshed by the very black folks he disdained, and he fled back to his home in Georgetown to lick his wounds. The British troops, emboldened by their victory in Bladensburg, then marched into Washington, D.C., burning the Library of Congress, the Capitol Building and the White House. You can imagine that Key was very much in his feelings seeing black soldiers trampling on the city he so desperately loved.
A few weeks later, in September of 1815, far from being a captive, Key was on a British boat begging for the release of one of his friends, a doctor named William Beanes. Key was on the boat waiting to see if the British would release his friend when he observed the bloody battle of Fort McHenry in Baltimore on Sept. 13, 1815. America lost the battle but managed to inflict heavy casualties on the British in the process. This inspired Key to write “The Star-Spangled Banner” right then and there, but no one remembers that he wrote a full third stanza decrying the former slaves who were now working for the British army:
And where is that band who so vauntingly swore,
That the havoc of war and the battle’s confusion
A home and a Country should leave us no more?
Their blood has wash’d out their foul footstep’s pollution.
No refuge could save the hireling and slave
From the terror of flight or the gloom of the grave,
And the star-spangled banner in triumph doth wave
O’er the land of the free and the home of the brave.
In other words, Key was saying that the blood of all the former slaves and “hirelings” on the battlefield will wash away the pollution of the British invaders. With Key still bitter that some black soldiers got the best of him a few weeks earlier, “The Star-Spangled Banner” is as much a patriotic song as it is a diss track to black people who had the audacity to fight for their freedom. Perhaps that’s why it took almost 100 years for the song to become the national anthem.
Some opponents, including Republican presidential candidate Donald Trump, have suggested that Kaepernick is hypocritical for complaining about a country in which he has achieved professional and financial success, saying, “Maybe he should find a country that works better for him. Let him try. It won’t happen.” These people miss another point Kaepernick made clear in interviews: It’s not just about Colin Kaepernick, but also about a lot of other people who are less fortunate. Kaepernick has a platform, at least for now, and he has chosen to use it in that way. Donald Trump, of all people, is utterly unqualified to lecture Kaepernick about anything.
And, finally, to get back to Kaepernick’s original point: We have too many cases in this country of African American people dying wrongly at the hands of police without anyone being held accountable. From 12-year-old Tamir Rice in Cincinnati to Freddie Gray, who died while being transported in police custody, it’s happening and not enough is being done about it. Rogue officers are not being held accountable. That’s about as serious a problem of political governance as they come, yet large numbers of Americans don’t even see a problem. The San Francisco police union apparently doesn’t see a problem, so don’t talk to me about a “few bad apples.”
In a democratic republic, the government is us, and those police officers are acting in our name and with our tax dollars. Do we really want this to be a country in which people die unnecessarily at the hands of police? If not, I grant you, there may not be a hell of a lot any one individual can do. But the least you can do is to sit down and stop shoveling shit at the guy who’s pointing out the problem.
Tuesday, August 23, 2016 7:41 pm
I don’t pretend to know what motivates WikiLeaks and its founder, Julian Assange. But here’s what I do know: The site, which was started ostensibly to reveal secret government documents of public interest, now apparently is taking whatever it can find and just dumping it, actually putting lives at risk:
WikiLeaks’ global crusade to expose government secrets is causing collateral damage to the privacy of hundreds of innocent people, including survivors of sexual abuse, sick children and the mentally ill, The Associated Press has found.
In the past year alone, the radical transparency group has published medical files belonging to scores of ordinary citizens while many hundreds more have had sensitive family, financial or identity records posted to the web. In two particularly egregious cases, WikiLeaks named teenage rape victims. In a third case, the site published the name of a Saudi citizen arrested for being gay, an extraordinary move given that homosexuality is punishable by death in the ultraconservative Muslim kingdom.
“They published everything: my phone, address, name, details,” said a Saudi man who told AP he was bewildered that WikiLeaks had revealed the details of a paternity dispute with a former partner. “If the family of my wife saw this … Publishing personal stuff like that could destroy people.”
WikiLeaks’s response to the Associated Press’s reporting did not instill confidence that the organization is thinking clearly about its aims and goals:
US big media scramble to side with presumptive winner
#Clinton. We expect many more recycled attacks like AP’s today as our leaks continue.
So, no explanation of, let alone justification for, the publication of people’s private information, including information that could be lethal in the wrong hands.
As I said yesterday in my post on Gawker, with great power comes great responsibility. WikiLeaks could be a tremendous force for government transparency and a tool to give people greater control over their governments and other institutions. But now, I’m not sure what the hell it’s trying to prove. Is Assange just going after people over petty grudges? Worse, is he subjecting random people he doesn’t even know to this treatment? Honestly, it’s enough to make me wonder about Assange’s own state of mental health.
I would reluctantly agree that there can be some times when hacking is justified, in an ethical sense if not a legal one: when the public good urgently requires information to be distributed that can be obtained in no other way. That’s a vague criterion on purpose: Every case and every set of circumstances is different.
I say I “reluctantly” agree because hacking is such an enormous invasion of privacy and because the potential for its abuse is extremely high, as this case illustrates.
It’s ethically dicey enough when a source willingly provides a news outlet information knowing that he could be retaliated against. How much worse is it when, in this case, the information was both illegally obtained and given without the permission of the owner of the information in a situation in which no public good appears to be served?
Again, I don’t know what motivates Assange, and I care only insofar as that knowledge might be used to influence him not to publish private stuff about people who, so far as we know, have done nothing wrong. But if he doesn’t watch it, he’s going to have innocent blood on his hands.
Monday, August 22, 2016 9:59 pm
The news and gossip site Gawker has been shut down. But on its last day of existence, writer Tom Scocca made clear that he didn’t really understand how and why it had happened.
A lie with a billion dollars behind it is stronger than the truth. Peter Thiel has shut down Gawker.com.
This is the final act in what Thiel wished to present, and succeeded in presenting, as a simple and ancient morality play, a story of hubris meeting its punishment. The premise behind that morality play was, as Thiel wrote in space given him by the New York Times last week, that “cruelty and recklessness were intrinsic parts of Gawker’s business model.” The $140 million judgment that his lawyers secured for Hulk Hogan against Gawker Media, sending the company into a bankruptcy from which its flagship site would not emerge, was a matter of “proving that there are consequences for violating privacy.”
And in so writing, Scocca demonstrated that he — and quite likely most of his erstwhile co-workers — never understood the Spider-Man Axiom of Investigative Reporting: With great power comes great responsibility.
When you undertake to publish negative information about someone, both law and ethics dictate that a number of conditions apply: That the material be true. That it be of legitimate public interest. That the benefit to the public outweigh the harm caused by publishing it. And on and on. And Scocca needs to get over himself, because the fact of the matter is that Gawker, for all its legitimate iconoclasm, flouted those principles repeatedly.
That doesn’t mean that Silicon Valley billionaires with grudges should be allowed to bankrupt news organizations at will. They shouldn’t. And pretty much every state in the union could use stronger anti-SLAPP (Strategic Lawsuit Against Public Participation) protections to ensure that true but unflattering information about individuals and organizations that control significant parts of our society can be published without legal or financial penalty.
But news outlets, I would argue, have an obligation to publish damaging information for the benefit of the public, not for the public’s titillation alone. That’s where Gawker screwed up, and not just in the case of the Hulk Hogan sex tape. Yeah, that was the wrong hill to die on, but Gawker had published many other stories into which Peter Thiel could just as easily have gotten involved, with the same result.
Scocca wrote, “Lawsuits and settlements happen to everyone, and everyone carries insurance to handle them.” Well, no, lawsuits and settlements do NOT happen to everyone. Plenty of investigative reporters complete full and rewarding careers without ever having been sued, not because they were timid but because their reporting was so goddamned bulletproof that no plaintiff’s attorney would be so foolish as to even take the case. In a 25-year journalism career I was threatened with lawsuits over at least a half a dozen stories, but I was never sued, and I’m far from atypical.
As I noted a few days ago on Facebook, I need a word that means I am appalled by what Peter Thiel did in funding the Hogan lawsuit against Gawker, without supporting everything that Gawker ever has done. I said there’s probably no such word in English, that it probably exists in German but has something like 17 syllables.
Gawker as an institution deliberately blurred the lines between news and gossip and made a lot of money doing so for a long time. But in the end, both law and karma bit it in the ass. (FWIW, invasion of privacy for publication of true but unflattering information hasn’t been a tort claim in North Carolina since the Great Depression, according to my last conversation on the subject with the News & Record’s Smith Moore lawyers more than a decade ago.)
I’m under no illusions. I know goddamned well that, emboldened by the outcome of the Gawker case, Thiel, or someone like him, not only can but will go after some other news outlet that has published nothing but legitimate news and will try to bankrupt it. That very thing happened recently with Mother Jones magazine, which won a lawsuit it had virtually no chance of losing but at a cost of hundreds of thousands of dollars.
But investigative reporting can be a devastating weapon that can ruin people’s lives. It must be used carefully, ethically, and always with the public good in mind. To do otherwise is bullying or worse, and makes it harder for those involved in legitimate, ethical investigative reporting to do their jobs.
I’m sorry Gawker is gone, and I don’t for one second underestimate the threat that Peter Thiel and billionaires like him pose to free and independent discourse, and thus to self-government, in this country. But when you go after a target, your heart needs to be pure and your skirts clean. Gawker thought that sentiment too precious, and Gawker will cease to exist after today in significant part because it thought that way.
Thursday, August 4, 2016 6:43 am
Wednesday, August 3, 2016 7:44 pm
The Pulitzer Prize-winning syndicated columnist Kathleen Parker has been in the news here because some students at nearby Elon University are not happy that she has been booked to speak there.
To be clear, my reaction to the anti-Parker petition has been and remains: Grow up, kids. College, of all places, should be where you are confronted from time to time by views different from your own. Besides, if I had to sit through William F. Buckley’s faux-philosophical bullshit (which cost us $7,500 in student fees back in the day, not that I am bitter), you can survive Kathleen Parker. Even if she does lean conservative, she’s right from time to time — she despises Donald Trump, for example, and unlike a lot of conservatives, she isn’t afraid to say so — now, at least. Granted, she’s not right THAT often — typically, it happens so seldom that when she is right, I email her to tell her so — but it does happen.
That’s not to say I think she will be a great inspiration or even particularly useful. Like most other big-league journalists, she has missed the biggest political story of the past 50 years in our country, which is this: Liberals have been right about damned near everything, even while taking ungodly amounts of shit for it.
That’s bad enough, but what makes Parker worse is that she somehow acts like she hasn’t contributed her fair share of the ungodly amounts of shit. Brother Driftglass elucidates:
… thanks to the magic of fiction and the genius of Billy Wilder, this particular corpse [in the movie “Sunset Boulevard”] floating face-down in a swimming pool is able to ruefully narrate the story of every craven compromise and mercenary decision that led to his own demise.And, amazingly, so does Ms. Parker.Because when she runs down an abridged but accurate list of the craven compromises and mercenary decisions that led to her party’s demise–The party of Lincoln, a sometimes laughable bragging point for diehards whose racial attitudes survived the Civil War intact, is long gone. Its dissolution began at least with Richard Nixon, who embraced a Southern strategy that pandered to racists and set the course for today’s GOP.The party of angry men and patient women tried to add a little sugar and spice, plunging itself ever lower on the curve when it embraced a cute little winkin’, blinkin’ and noddin’ gal-gov from Alaska as vice-presidential running mate to John McCain — and a heartbeat away from the presidency.Next came the tea party movement, to which Sarah Palin briefly attached her Winnebago, followed by the government shutdown, and culminating with the glittering, twittering Tower of Trump.— she shows that she has clearly known all along that what Liberals have been saying about the GOP all along has f—–g well been true all along.But there has never been any profit in telling that truth, has there?And so Ms. Parker played ball and played ball and played ball right up until the monster that Richard Nixon began raising in a flower box on the Truman Balcony grew big enough to eat the whole party — Lincoln, Burke, Eisenhower and all.And now, from the safety of her overpriced column in the Washington Post, she is having a good pout over it.
Tuesday, July 26, 2016 6:16 am
Saturday, July 9, 2016 3:40 pm
“What happened in Dallas is the revolt against government that the anti-government crowd has been telling us is the reason our 2nd amendment rights are so important.”
Saturday, July 2, 2016 12:15 pm
Not for the first or last time, Bill Clinton has committed, at the least, an enormous unforced error, to the significant detriment of his wife’s presidential campaign.
Clinton met at an Arizona airport with Attorney General Loretta Lynch. This would be the same attorney general whose Department of Justice is investigating possible crimes with respect to Hillary Clinton’s having used a private email server and who ultimately must sign off on any decision about prosecutions.
Clinton and Lynch have said they did not discuss the case. I’m skeptical, and we’ll probably never know. But let’s assume for the sake of discussion that they didn’t: It was still an enormously stupid thing for Bill to have done.
This meeting happened just after the release of a report by the congressional committee that is investigating the deaths of four Americans in an attack on the U.S. Embassy in Benghazi. (Hillary Clinton’s use of a private email server was part and parcel of that investigation.) That report, two years and $7 million in the making, found no wrongdoing on the part of then-Secretary of State Hillary Clinton.
Given that the whole investigation — indeed, the whole committee — was nothing but a partisan witch hunt, this should have been an opportunity for Hillary Clinton’s presidential campaign to take a big ol’ victory lap and rub the GOP’s face in its own failure. Instead, the story of Bill Clinton’s meeting with Lynch popped up almost immediately, and the media hubbub over that meeting pretty much drowned out the good news for the Clinton campaign.
Now, a lot of people I’ve interacted with on social media claim that this is a bullshit nonstory blown up by a GOP-compliant media. To which I respond: So what? We already know that our news media tend to make nothingburgers about Democrats into Big Hairy Deals while ignoring or downplaying the much worse excesses of Republicans. (Here’s just one particularly relevant example: The GOP established a special congressional committee to look into the deaths of four Americans at the U.S. Embassy in Benghazi — but did nothing about the deaths of 60 Americans in dozens of attacks on U.S. embassies that took place during the George W. Bush administration.)
As someone in the PR business, I would tell any client that you need to deal with the news media as they are, not as you wish they were. To do otherwise is to violate a basic rule of PR: If you do something that looks bad, a nontrivial number of people in the media are likely to claim that it is bad even if it really isn’t.
Critics of this position tend to argue that the news media need to be better at their jobs (which they do) and that because there’s no actual, substantive wrongdoing here (so far as we know), it doesn’t matter. But it does. One reason the Clintons score so low on the trustworthiness scale is that they have a long history of doing things that look wrong even if they actually aren’t wrong. That history includes, among many greatest hits, Bill’s claim to have smoked pot without inhaling, Hillary’s unlikely but apparently legitimate profit at cattle-futures trading, and Hillary’s latter-day flip-flops on issues ranging from same-sex marriage to the Trans-Pacific Partnership. Each of these things, in isolation, means little or nothing. But put them all together, combine with the aforementioned media flaws and Republican pile-ons, and shake well, and you get a pretty poisonous PR cocktail.
The Clintons’ defenders in this instance argue that this somehow doesn’t matter, but unforced errors this big always matter. And the vehemence with which these defenders argue their position, even though it makes no sense to anyone with a lick of common sense, let alone PR training, suggests that on some level, they know Bill Clinton screwed up and they’re angry about it but just don’t want to admit it.
I have said it before and I’ll say it again: I’m voting for Hillary in November because I am a single-issue voter and my single issue is not opening the seventh seal and ushering in the Apocalypse. But given the ability and willingness of Republicans and their media allies (unwitting or otherwise) to turn nothingburgers into “scandals,” the Clintons desperately need PR counsel with absolute veto power over their worst instincts. And history suggests that they either don’t know this or don’t care.
Sunday, June 19, 2016 5:18 pm
It’s Father’s Day, and I’m kidless. Victoria has headed off to the Broyhill Leadership Conference, and Hooper is partaking of Coach K’s alleged knowledge at
Duke’s Dook’s basketball camp. (Pound for pound, the best basketball coach in this state is Bob McKillop, but that’s a subject for another post.)
On the one hand, it’s kind of a bummer: This will be the first time we’ve missed our routine of their “taking me out” to lunch or dinner. (I use the scare quotes because I always pay.)
But on the other hand, I’m OK with it, because they’re spending time this week learning things, including how to operate respectably without Mom or Dad looking over their shoulders, how to get along with their peers, and how to behave toward nonparental authority figures. And isn’t that a big part of parenting? If you’re not teaching your kids how to go along and get along without you, you could end up with a Cheeto freak in your basement, and who wants that?
We’ll probably get together next weekend, when they’ll be around for a couple of days before Hooper sets off for 10 days of wilderness camping with his Scout troop and I take Victoria down to Chapel Hill for freshman orientation. In the meantime, I’m relaxing in the knowledge that they’re learning and growing, taking steps toward self-sufficiency and self-efficacy. And when we do go out, maybe this time I’ll make them pay.
Wednesday, June 8, 2016 8:28 pm
The House Select Investigative Panel on Infant Lives was set up to “investigate” claims that Planned Parenthood was selling fetal tissue for profit, despite the fact that four federal and a dozen state investigations have found that PP did no such thing and despite the fact that the video fraudsters who raised those allegations have themselves been indicted. Now that committee has just — oops! — “accidentally” released information on several researchers and Planned Parenthood clinic staffers. This, of course, has happened in an era in which people working in any way with the abortion-rights movement are being threatened and even killed. Accident, my bony ass; this was a deliberate move by the committee chair, U.S. Rep. Marcia Blackburn, R-Tenn., to endanger and thereby intimidate people involved with Planned Parenthood. No, really; there is no other logical interpretation of her behavior. A House of Representatives with any ethics would expel anyone who willingly placed another human being in such danger, but that’s not the House of Representatives we have.
Former CIA agent Sabrina de Sousa has lost a court fight and will be extradited from Portugal to Italy to serve a four-year sentence for having taken part in the CIA’s “extraordinary rendition” kidnapping/torture program there. A number of legalities aren’t clear to me on this. But from a standpoint of responsibility, if not legality, if de Sousa is being held legally accountable, so must everyone above her in the chain of command who was involved. Otherwise, there’s no point.
Apparently sedition is the new right-wing hobby. A bunch of Utah yahoos is trying to prevent President Obama from designating historic, federally owned land, Bear Ears, as a national monument, which he has a perfect legal right to do. Naturally, Sen. Orrin Hatch and Rep. Jason Chaffetz, Republicans from that benighted state, are giving aid and comfort to those who would violate the law. I almost hope these yahoos do push this. This president showed at Malheur that he is not inclined to dance with seditionists, and the country approved of his actions by a wide margin. If a few traitors get shot behind it, I’ll sleep just fine, and if Hatch and Chaffetz get charged with giving aid and comfort to the enemy, so much the better. My government has been kissing seditious white ass for way too long.
Tuesday, June 7, 2016 7:19 pm
I didn’t plan this blogging hiatus; it just happened. So what messes have y’all gotten into during my absence?
Trump and Clinton are now their party’s presumptive nominees. (Sorry, Bernie backers — of whom I am one — but math is math, and you know as well as I do that the superdelegates aren’t going anywhere.) Clinton is everything wrong with modern politics except that she’s not a racist or bigot, she doesn’t hate women (or men), and she’s not anti-science. Trump? Well, as some guy on Twitter said, I am voting against Trump because I am a single-issue voter, and my single issue is not opening the seventh seal and ushering in the Apocalypse.
Related to Trump, it is fascinating to watch all the GOP leaders like Paul Ryan condemn Trump’s racist remarks and then say they’re going to support him anyway. Oh, it’s simple enough to understand. The GOP has spent the past 50 years whipping its base into a frothy mix of bigotry and know-nothingism. Donald Trump is the natural, predictable and predicted outcome of that approach. Now, GOP politicians who don’t embrace Trump lose their base. And given our current political schism — as a country, we’re more divided than we’ve been since 1860 — without that base, their careers are over.
Relatedly, #OneAndDone N.C. Gov. Pat McCrory has officially endorsed Donald Trump for president, which, as Facebook commenter Mike Conway sagely noted, is like two albatrosses wearing each other around their necks.
Also here in North Carolina, the GOP’s ill-begotten HB2 “bathroom bill” is not looking long for this world. Earlier, a three-judge panel of the 4th U.S. Circuit Court of Appeals struck down a very similar Virginia law. Then, last week, the full 4th Circuit refused to hear additional arguments. So, for the 4th Circuit, which includes North Carolina, equality is settled law. The problem is that there are parts of that law as evil or worse that aren’t within the scope of the Virginia law the 4th Circuit ruled on. To fix that, I fear, we’re going to need a Raleigh housecleaning, and I don’t think even the prospect of losing billions in federal aid will be enough for that this time around.
In my neighborhood but not where I can do anything about it, Eric Fink is trying to get onto the ballot to face otherwise-unopposed Senate Majority Leader Phil Berger. All best to Fink; Berger’s an evil little shit, and it is a mark of the state Democratic Party’s ineptitude that it could find no one to face him in a year when Trump may lead the GOP to the biggest defeat since Mondale. (No, it won’t be as big a defeat as Mondale’s; the political chasm is too big for that. But Clinton wins with 310+ electoral votes and will have some coattails, I bet.)
I have watched with a combination of outrage, horror, and fascination, as the Brock Turner rape case has gone viral. He’s an entitled, sociopathic little shit, enabled by an entitled, sociopathic little shit of a father and a mother who thinks that posting a Facebook photo of a teenage girl fellating a kid in a Franzia box-wine costume while her son’s case is being adjudicated is somehow a good idea.
The judge in the case, Aaron Persky, could have given Turner 14 years; he gave him six months, which was much too much for Daddy, who bemoans the fact that Brock no longer enjoys eating steak or some such shit. The judge is unopposed for re-election (why are the shits of the world always unopposed for re-election?), but there’s a recall movement afoot. And just today we learned that Judge Persky also is a Stanford graduate and was captain of the lacrosse team there. I suppose it’s possible there’s no white male athlete privilege going on in this case, but, Lord, it sure don’t LOOK that way, do it?
Related to that case, it took until yesterday — after Turner’s sentencing and many months after his arrest — for Turner’s mug shot to finally show up on social media. That’s because the arresting agency, the Santa Clara County Sheriff’s Department in California, played a shitty little public-records game until national media finally called them out on it. I’ve argued for years that intentional withholding of public records ought to be a crime, and episodes like this are Exhibit A for the prosection. Maybe when cops start losing law-enforcement certification and (and they and bureaucrats start doing time) behind this shit, they’ll start doing their jobs right.
Oh, if you’re considering asthmatic bronchitis as a hobby, I strongly recommend you pursue something else instead.
Tuesday, May 3, 2016 5:40 am
You can tell people who actually think from the poseurs by what they think of Andrew Sullivan’s new piece for New York magazine.
Sure, Sullivan’s main point is unassailable: The rise of Donald Trump puts America closer to tyranny than it ever has been (except, maybe, immediately after Pearl Harbor and 9/11, I would add). But how he gets there is shot through with errors and omissions large and small, not least of them the fact that Sullivan has both enabled and defended what gave rise to the situation he now decries.
He places an inordinate amount of faith in Plato’s take on democracy: that it is probably the only path to tyranny, and that a democracy gets closer to tyranny the more democratic it becomes. Uh, Andy, just within living memory of a nontrivial number of Americans and Britons, let us examine the examples of Weimar Germany, which turned to tyranny after just 15 years of not-particularly-accelerating democracy, and Russia, which has lurched from tyranny to tyranny in the past century with barely a few years of anything resembling democracy.
Which wouldn’t matter if he didn’t then go on to blame “our own hyperdemocratic times.” But, of course, he does, because in Sullivan’s worldview, democracy is part of the problem:
And so, as I chitchatted over cocktails at a Washington office Christmas party in December, and saw, looming above our heads, the pulsating, angry televised face of Donald Trump on Fox News, I couldn’t help but feel a little nausea permeate my stomach. And as I watched frenzied Trump rallies on C-SPAN in the spring, and saw him lay waste to far more qualified political peers in the debates by simply calling them names, the nausea turned to dread. And when he seemed to condone physical violence as a response to political disagreement, alarm bells started to ring in my head. Plato had planted a gnawing worry in my mind a few decades ago about the intrinsic danger of late-democratic life. It was increasingly hard not to see in Plato’s vision a murky reflection of our own hyperdemocratic times and in Trump a demagogic, tyrannical character plucked directly out of one of the first books about politics ever written.
Yeah, about that book: See above.
He goes on to blame hyperdemocracy for the emergence of such ultimate presidential losers as Ross Perot, Jesse Jackson, Steve Forbes, Herman Cain, Ben Carson, Carly Fiorina, and Trump, ignoring the fact that in every case but Jackson’s, personal wealth and/or corporate backing was the only thing that made the candidacy anywhere near viable (and Jackson at least had a history of leading a movement, which the others lacked). For reasons known only to Sullivan and God, Sullivan characterizes this trend as “our increased openness to being led by anyone; indeed, our accelerating preference for outsiders,” without mentioning the role money plays.
Indeed, he actually argues that money plays no role:
But the past few presidential elections have demonstrated that, in fact, money from the ultrarich has been mostly a dud. Barack Obama, whose 2008 campaign was propelled by small donors and empowered by the internet, blazed the trail of the modern-day insurrectionist, defeating the prohibitive favorite in the Democratic primary and later his Republican opponent (both pillars of their parties’ Establishments and backed by moneyed elites). In 2012, the fund-raising power behind Mitt Romney — avatar of the one percent — failed to dislodge Obama from office. And in this presidential cycle, the breakout candidates of both parties have soared without financial support from the elites. Sanders, who is sustaining his campaign all the way to California on the backs of small donors and large crowds, is, to put it bluntly, a walking refutation of his own argument. Trump, of course, is a largely self-funding billionaire — but like Willkie, he argues that his wealth uniquely enables him to resist the influence of the rich and their lobbyists. Those despairing over the influence of Big Money in American politics must also explain the swift, humiliating demise of Jeb Bush and the struggling Establishment campaign of Hillary Clinton. The evidence suggests that direct democracy, far from being throttled, is actually intensifying its grip on American politics.
True as far as it goes, which is not far: He ignores the toxic effect of money, particularly corporate money, on Congress and statehouses, where fact-based action on issues ranging from climate change to education are stymied by corporate cash. And he continues to blame “hyperdemocracy” for our current problems:
But it is precisely because of the great accomplishments of our democracy that we should be vigilant about its specific, unique vulnerability: its susceptibility, in stressful times, to the appeal of a shameless demagogue.
Oh, please, Andy. Ronald Reagan, whom you so idolize, was the epitome of a shameless demagogue. (Tell me what in the pluperfect hell else kicking off one’s presidential campaign in Philadelphia, Miss., is supposed to be besides a dog whistle to white racists.) And George H.W. Bush with his Willie Horton ads. And George W. Bush with his shameless cautions against “terra” after blatantly ignoring warnings that might have saved us from it. And Mitt Romney with his “job creators” and “job takers” bullshit. Hell, the only GOP presidential contender of the past 36 years who wasn’t a demagogue was Bob Dole in ’96, and even he ultimately, and desperately, caved on the topic of tax cuts in a vain effort to win an election he already had lost.
These candidates and presidents did nothing more or less than what the GOP in general has done for the past 50-plus years: They trafficked in racism, sexism, other forms of bigotry, xenophobia, voting restrictions, anti-elitism, and class warfare, all of which helped create the conditions in which we now find ourselves. Democracy didn’t create Trump; to the contrary, the GOP’s own antidemocratic tendencies did.
Sullivan also blames part of our current problems on the Internet, which, Andy, I hate to be the one to break it to you, but the Internet did not create or cause “feeling, emotion, and narcissism, rather than reason, empiricism, and public-spiritedness.” They were always there, and one party, the GOP, has trafficked in them far more than the other. The narcissism that enables people to believe that their common sense trumps the informed opinion of disinterested researchers is almost exclusively a GOP product. Hell, Andy, it enables you to pose as historian and philosopher when you are neither. “Yes, occasional rational points still fly back and forth, but there are dramatically fewer elite arbiters to establish which of those points is actually true or valid or relevant,” Sullivan writes. “We have lost authoritative sources for even a common set of facts.”
What horseshit. We haven’t “lost” authoritative sources; the GOP has abandoned them when they didn’t serve the party’s purposes. Supply-side economics was exposed as a hoax by David Stockman within a year of Reagan’s taking office and confirmed as such by hundreds of economists since, but it remains a staple of GOP platforms from Greensboro to Raleigh to Washington. The scientific community is roughly 99.9% convinced that human activity is causing global warming; it is the Republicans who take money from the carbon industry (which has roughly 27 trillion reasons still in the ground to lie about this subject) to pretend there’s any question about it.
Where Sullivan fails most greatly, however, is to blame “hyperdemocracy” for Trump without analyzing that without which Trump never could have become so popular: the GOP electorate. It is bigoted, obtuse, fact-averse, and often sociopathic. And how did it get that way? Because the GOP has spent the past 50 years encouraging it to be so. Sullivan grants that Trump has played a role in this —
Trump assiduously cultivated this image and took to reality television as a natural. Each week, for 14 seasons of The Apprentice, he would look someone in the eye and tell them, “You’re fired!” The conversation most humane bosses fear to have with an employee was something Trump clearly relished, and the cruelty became entertainment. In retrospect, it is clear he was training — both himself and his viewers. If you want to understand why a figure so widely disliked nonetheless powers toward the election as if he were approaching a reality-TV-show finale, look no further. His television tactics, as applied to presidential debates, wiped out rivals used to a different game. And all our reality-TV training has conditioned us to hope he’ll win — or at least stay in the game till the final round. In such a shame-free media environment, the assholes often win. In the end, you support them because they’re assholes.
— without acknowledging that it wasn’t just Trump, but the whole damned GOP, that built this Frankenstein’s monster of a voting base. And he doesn’t get to whine like a little bitch now that the monster has decided that it will make the decisions.
Sullivan to the contrary, it is not the pro-democratic and progressive movement that has given rise to Trump. That movement has expanded the rights of minorities, women, LGBTQ folks, immigrants, even convicted felons, and in no instance has it given rise to demagoguery. Bernie Sanders has correctly identified real problems — problems affecting many people in the GOP base, for that matter — and while his solutions strike the media as outside the mainstream, they are hardly demagoguery. Indeed, they work well in some of the most successful democracies on the planet.
Having misused Plato, Sullivan goes on to misuse Eric Hoffer’s The True Believer:
In Eric Hoffer’s classic 1951 tract, The True Believer, he sketches the dynamics of a genuine mass movement. He was thinking of the upheavals in Europe in the first half of the century, but the book remains sobering, especially now. Hoffer’s core insight was to locate the source of all truly mass movements in a collective sense of acute frustration. Not despair, or revolt, or resignation — but frustration simmering with rage. Mass movements, he notes (as did Tocqueville centuries before him), rarely arise when oppression or misery is at its worst (say, 2009); they tend to appear when the worst is behind us but the future seems not so much better (say, 2016). It is when a recovery finally gathers speed and some improvement is tangible but not yet widespread that the anger begins to rise. After the suffering of recession or unemployment, and despite hard work with stagnant or dwindling pay, the future stretches ahead with relief just out of reach. When those who helped create the last recession face no consequences but renewed fabulous wealth, the anger reaches a crescendo.
The deeper, long-term reasons for today’s rage are not hard to find, although many of us elites have shamefully found ourselves able to ignore them. The jobs available to the working class no longer contain the kind of craftsmanship or satisfaction or meaning that can take the sting out of their low and stagnant wages. The once-familiar avenues for socialization — the church, the union hall, the VFW — have become less vibrant and social isolation more common. Global economic forces have pummeled blue-collar workers more relentlessly than almost any other segment of society, forcing them to compete against hundreds of millions of equally skilled workers throughout the planet. No one asked them in the 1990s if this was the future they wanted. And the impact has been more brutal than many economists predicted. No wonder suicide and mortality rates among the white working poor are spiking dramatically.
“It is usually those whose poverty is relatively recent, the ‘new poor,’ who throb with the ferment of frustration,” Hoffer argues. Fundamentalist religion long provided some emotional support for those left behind (for one thing, it invites practitioners to defy the elites as unholy), but its influence has waned as modernity has penetrated almost everything and the great culture wars of the 1990s and 2000s have ended in a rout. The result has been a more diverse mainstream culture — but also, simultaneously, a subculture that is even more alienated and despised, and ever more infuriated and bloody-minded.
This is an age in which a woman might succeed a black man as president, but also one in which a member of the white working class has declining options to make a decent living. This is a time when gay people can be married in 50 states, even as working-class families are hanging by a thread. It’s a period in which we have become far more aware of the historic injustices that still haunt African-Americans and yet we treat the desperate plight of today’s white working class as an afterthought. And so late-stage capitalism is creating a righteous, revolutionary anger that late-stage democracy has precious little ability to moderate or constrain — and has actually helped exacerbate.
For the white working class, having had their morals roundly mocked, their religion deemed primitive, and their economic prospects decimated, now find their very gender and race, indeed the very way they talk about reality, described as a kind of problem for the nation to overcome. This is just one aspect of what Trump has masterfully signaled as “political correctness” run amok, or what might be better described as the newly rigid progressive passion for racial and sexual equality of outcome, rather than the liberal aspiration to mere equality of opportunity.
Much of the newly energized left has come to see the white working class not as allies but primarily as bigots, misogynists, racists, and homophobes, thereby condemning those often at the near-bottom rung of the economy to the bottom rung of the culture as well. A struggling white man in the heartland is now told to “check his privilege” by students at Ivy League colleges. Even if you agree that the privilege exists, it’s hard not to empathize with the object of this disdain. These working-class communities, already alienated, hear — how can they not? — the glib and easy dismissals of “white straight men” as the ultimate source of all our woes. They smell the condescension and the broad generalizations about them — all of which would be repellent if directed at racial minorities — and see themselves, in Hoffer’s words, “disinherited and injured by an unjust order of things.”
And so they wait, and they steam, and they lash out.
Not a word about how Republican policies of the past 35 years have, with occasional Democratic assistance, created this misery. Not a word about retrograde tax policies. Not a word about releasing the hounds of unfettered corporatism. Not a word about so-called free-trade treaties with toothless or nonexistent job protections or retraining measures. Not a word about Big Government spying. Not a word about ongoing, deadly racism and sexism. No, what we get is a Bizarro World in which the white working class is somehow the only victim, and these victims are being mocked by progressives. Whatever else voting for Bernie Sanders might mean, it also is a recognition of the white working class’s problems and an effort to bring about a means of fixing those problems, a possibility that never crosses Sullivan’s mind.
Again and again, Sullivan casts Trump as not a real Republican, as part of The Other and somehow a uniquely dangerous proposition:
And so after demonizing most undocumented Mexican immigrants, he then vowed to round up and deport all 11 million of them by force. “They have to go” was the typically blunt phrase he used — and somehow people didn’t immediately recognize the monstrous historical echoes.
Well, gee, Andy, that couldn’t possibly have been because the party has been saying only slightly milder variations of this very thing for 50 years, could it? That couldn’t possibly have been because almost every other Republican candidate in the whole damn Klown Kar was saying the same damn thing, could it?
Sullivan even insists that threats of violence are unique to Trump —
And while a critical element of 20th-century fascism — its organized street violence — is missing, you can begin to see it in embryonic form. The phalanx of bodyguards around Trump grows daily; plainclothes bouncers in the crowds have emerged as pseudo-cops to contain the incipient unrest his candidacy will only continue to provoke; supporters have attacked hecklers with sometimes stunning ferocity. Every time Trump legitimizes potential violence by his supporters by saying it comes from a love of country, he sows the seeds for serious civil unrest.
— apparently having forgotten that t-shirts bearing the words “Rope. Tree. Journalist. Some assembly required.” were widely available years before Trump became a candidate.
And having misread Plato and Hoffer, Sullivan turns to Sinclair Lewis’s It Can’t Happen Here to suggest that “the elites” are to blame —
An American elite that has presided over massive and increasing public debt, that failed to prevent 9/11, that chose a disastrous war in the Middle East, that allowed financial markets to nearly destroy the global economy, and that is now so bitterly divided the Congress is effectively moot in a constitutional democracy: “We Respectables” deserve a comeuppance.
— once again without pointing out that in almost every single instance, the problems of the “American elite” he’s talking about are overwhelmingly the fault of the GOP. The massive debt was caused primarily by the Bush tax cuts of 2001 and 2003 and the wars in Iraq and Afghanistan (and the debt is now falling as a percentage of the economy and so is not as pressing a problem as it was), the failure to prevent 9/11 lies squarely with George W. Bush and his cabal, the hands-off attitude toward Big Finance was the direct, predictable, and predicted result of GOP deregulation in the ’90s, and the “bitter division” is actually unprecedented GOP obstructionism that began the night President Obama was elected.
Sullivan concludes as he began and continued, with a deluded implicit belief that the GOP somehow is not the problem:
… those Republicans desperately trying to use the long-standing rules of their own nominating process to thwart this monster deserve our passionate support, not our disdain. This is not the moment to remind them that they partly brought this on themselves. This is a moment to offer solidarity, especially as the odds are increasingly stacked against them. Ted Cruz and John Kasich face their decisive battle in Indiana on May 3. But they need to fight on, with any tactic at hand, all the way to the bitter end. The Republican delegates who are trying to protect their party from the whims of an outsider demagogue are, at this moment, doing what they ought to be doing to prevent civil and racial unrest, an international conflict, and a constitutional crisis. These GOP elites have every right to deploy whatever rules or procedural roadblocks they can muster, and they should refuse to be intimidated.
And if they fail in Indiana or Cleveland, as they likely will, they need, quite simply, to disown their party’s candidate. They should resist any temptation to loyally back the nominee or to sit this election out. They must take the fight to Trump at every opportunity, unite with Democrats and Independents against him, and be prepared to sacrifice one election in order to save their party and their country.
What universe is Sullivan living in? On what planet would the GOP actually stand up for the good of the nation and not simply fall in line behind Trump? Sullivan knows this. He’s not earnestly pleading with his party to do the right thing. He’s simply trying to save his own skin, hoping desperately that no one will notice that he has been one of the GOP’s most slavish apologists and defenders. Sorry, Andy, but come the revolution, you, too, are going up against the wall.
In short, Sullivan’s dishonesty is staggering, and the chutzpah that lets him believe he can fool people with this crap is breathtaking. But it is all of a piece with the Republican Party’s past 50 years of profoundly anti-democratic secrets and lies. The party built the electorate it wanted, and in a natural progression, that electorate has chosen the candidate it wanted. That candidate will win the nomination, and the party will fall in line behind it. And no matter what Sullivan, or David Brooks, or Chuck Todd, or any other Apostle of Both-Siderism has to say, America’s Democrats and independents had nothing to do with it. The fact that Sullivan can be well paid to suggest otherwise merely shows how willing — indeed, desperate — Americans are to mistake cunning for wisdom.
Wednesday, April 27, 2016 8:02 am
Monday, April 25, 2016 7:32 pm
The Bay Area News Group has just declared open season on itself for plaintiffs’ attorneys.
It has announced that it’s killing its copy desk and getting rid of 11 FTEs thereupon.
Because they don’t directly produce content, copy editors increasingly have been seen as superfluous in digital media, which don’t seem to value clean copy as much as print historically has done. Copy editors have been as vulnerable to other layoffs as other journalists, and in recent years newspaper chains have trended toward regional hubs for copy editors rather than a copy desk for each publication, a move that saves money but kill institutional memory and the accompanying ability to catch dumb mistakes that the locals would recognize.
Now, the Bay Area News Group is going that one better:
We’re launching a series of changes to the assigning and copy editing process in an attempt to manage a planned loss of approximately 11 FTEs. We are choosing
this course, as many papers have across the country, rather than cutting more deeply into the ranks of content producers or neglecting our digital needs.
The bottom line is that we will be eliminating a layer of valuable editing across most of the copy desk — what is known in desk parlance as the rim. The result:
* Staff stories that go inside sections will not be copy-edited. The assigning editor will be the only read. (In sports, late stories that do not go through an assigning editor will continue to be read on the desk, once.) Stories for our East Bay weeklies will not be copy-edited./CONTINUES
* Staff stories for section covers will receive one read on the desk rather than the current two.
* Proofreading will be reduced.
This is going to place a new level of responsibility on reporters and, especially, assigning editors. Many of the ways in which the desk bails us out — often without us noticing — will disappear. That will mean:
* All assigning editors must run Tansa on stories before moving them to the desk, and all proper names will have to be cq’ed. Grammar mistakes that make it through an assigning editor are highly likely to appear in print.
* Reporters and editors will need to be more familiar with AP and BANG style.
* Budgetlines will need to include accurate deadlines and lengths. Desk folk who receive overly long stories will not have time to redo page designs; they will be instructed to cut from the end (on some occasions, early notice to the desk that a story is running long may avoid this fate). When deadlines are blown, the desk may need to grab a web version of the story and move on.
* Editors (or reporters) will need to write a print headline for each story that designers can tweak to fit; it will not be the same as the web headline. Copy editors cannot write headlines for inside stories because they will not be reading them. We will also ask you to write a longer summary headline to give additional guidance to the designer; we will be adding a new field to your story templates to make this adjustment easier.
* Photographers and photo editors will need to exercise a new level of care over photo captions, many of which will now be tweaked by designers to fit rather than written from scratch by a copy editor. They need to be tightly written, use correct grammar and agree factually with the story. We would like proper name spelling to be double-checked in captions as well; comparing to the story should be sufficient.
We will continue to provide a high level of review for our featured work. This is not because the other work is not important; we are making simultaneous efforts to boost the audience for everything we do. But we have to set priorities in an era where readers continue to demand much of us, and economic realities force us to make smart, tough choices.
We are going to start these new responsibilities for editors and reporters beginning Monday, April 25. The first week we’ll have additional staffing on the copy desk to help the adjustment, and there will be a bit of a backstop for you. Beginning May 2, though, the new regimen begins.
These sorts of changes are not easy. The quality of our work — of your work — is what attracts people to our newspapers and websites. We appreciate the efforts of the folks who remain on our productions desks, our reporters, photographers and editors to deliver the Bay Area’s best news report every day.
Now, I do agree with some of what’s in this memo. As both a former reporter and a former city-desk editor, I am 100% in favor of reporters’ being their own best editors and 100% in favor of desk editors’ keeping reporters on the reservation, journalism-ethics-wise. (And Lord knows I am in favor of reporters’ filing their stories on time and at budgeted length, particularly when computer systems give reporters the ability to fit stories down to the tenth of an inch.)
But I also know from experience that reporters are never their own best editors. Everyone (even I) needs an editor, someone who can play the part of the eventual reader and judge a piece on whether it accomplishes, in the right way, what it set out to do.
And I know that city-desk editors, who often assign the very stories they must then try to edit disinterestedly, sometimes grow too close to the story to be able to edit it as disinterestedly as it needs.
So I know that without copy editors, more bad stuff, from misspellings and bad grammar to factual errors that institutional memory would have caught, will make it into print or onto the Web.
I want to focus on just one: libel.
Long story short, one thing public figures have to prove to win a libel case against a media outlet is that the outlet published false, defamatory material either intentionally or with reckless disregard as to the material’s truth or falsity. This memo, as I asserted earlier on Twitter, strikes me as prima facie evidence of reckless disregard.
Now, one of my Twitter interlocutors said that that assertion is ridiculous, that in-house counsel, not the copy desk, should be the bastion against libel allegations.
I’ll let those of you who actually have spent any time in the news bidness chuckle over that for a second. Done? OK, good.
For the rest of you: Damned few media outlets of any kind have, or have ever had, in-house counsel to review news reports to ensure that they are not libelous. It’s simply a luxury most outlets could never afford. Some medium-sized to large outlets kept counsel on retainer to review reports on an as-needed basis, usually for complex investigative pieces, but even that, in this era, increasingly is going the way of the dodo.
And then, for those of you not in or of the news bidness, ponder this: In my experience — an experience that colleagues at other papers said they shared — it’s generally not the larger, heavily lawyered investigative pieces that actually bring suits or threats of suits. It’s almost always the everyday stuff. The routine political stuff. Cops briefs, even.
The stuff that lawyers never saw before publication, but copy editors did. Until now.
What would I have done? I’d have gone to the publisher and said that at some point, it makes less practical and journalistic sense to keep cutting than to shut down the operation entirely. And when you’re talking about completely killing the only independent set of eyes to see a story before it goes to the public, you’re probably at that point.
And that’s ridiculous because, while I don’t know anything about the finances of the Bay Area News Group in particular, I know that a lot of news operations are making cuts like these not because they’re losing money, but because they’re not making ENOUGH money. Today’s announcement by Gannett that it will finance its proposed $833 million purchase of Tribune Co. entirely with debt helps explain why, but it also illustrates just how badly the news-media bidness can be and often is run.
And then there’s the real bottom line: Do readers care?
For the average clickbait listicle, no, they probably don’t. But for journalism that actually attempts to inform the public as a public service, they do. I know this because, during my 25 years in the bidness, they told us so, often.
Now, it becomes easier to win a libel lawsuit. And the more wins there are, the more suits there will be, and so the less public confidence there will be in news outlets, and so the less money those outlets will make, so the more they’ll have to cut, in a vicious circle that has grim ramifications for self-government in a democratic republic.
Wednesday, April 13, 2016 12:19 pm
If there’s anyone out there who seriously thinks there’s no difference between Hillary Clinton and the Republicans, just get over yourself right now.
We’re taught as kids that voting means choosing the person we think is best for the job. Unfortunately, what we’re too often faced with when we come of voting age is a choice between the lesser of two or more pretty evil evils. But you know what? That’s true in a lot of situations in life, not just electing a president. Adults deal with it and move on.
I was around in ’80 and ’00 and I saw the damage that “perfect or nothing” causes: It gave us Reagan and Bush 43, two of the three worst presidents of the postwar era. Moreover, as a result, I’ve spent my entire adult life cleaning up the messes created by people who think like you, and I’m damned tired of it. I’d like to play offense for a change — work for things, not just try to stave off, or clean up, disasters.
I voted for Bernie in the primary, but I’m going to vote for the Democratic nominee in November, no matter who it is, because ANY Republican in or currently contemplating the race would be an unqualified and unmitigated disaster. (Voting for third-party candidates like Jill Stein, nice and appealing as she is, is like voting for a Republican, too.) Hillary won’t deny anthropogenic global warming, and that difference alone could save millions of lives in coming years. Hillary will work for a saner gun policy, which also will save lives. And if nothing else, Hillary Clinton would not put a Sam Alito or a Clarence Thomas on the Supreme Court, and by God, that matters to anyone who doesn’t want to be pledging allegiance to MegaCorp or the Last Global Bank and the exploitation for which they stand.
Yes, Hillary is a huge letdown for people who believe in and voted, or plan to vote, for Bernie. But if you throw a snit fit over Hillary’s becoming the Democratic nominee, if in fact that’s what happens, your tantrum will have a body count.