When the WSJ Gets Snookered

Posted on July 9, 2023 by Joe Weber

As a faithful, if sometimes dissenting, reader of the Wall Street Journal editorial and op-ed pages, I am distressed that the paper’s editors seem to have gotten snookered in running a commentary about Arizona State University. More troublesome, they have let their readers be fooled, as well.

Recall that Ann Atkinson, the now-former head of the university’s T.W. Lewis Center for Personal Development at the Barrett honors college, wrote in a June 19 op-ed that her center was being shut down after faculty members objected to a session she hosted showcasing several conservative speakers. The piece, “I paid for free speech at Arizona State,” implied that the closure was the action of lefty administrators kneeling before radical faculty members. Atkinson slammed the university for its “deep hostility toward divergent views.” She concluded that “ASU claims to value freedom of expression. But in the end the faculty mob always wins against institutional protections for free speech.”

Well, that’s not the way it went down, friends.

In fact, the donor who had sponsored the center pulled the plug on his financing. The donor, real estate magnate Tom Lewis, was irked at the faculty reaction to the February session, as he said in a statement issued after the commentary appeared. “After seeing this level of left-wing hostility and activism, I no longer had any confidence in Barrett to adhere to the terms of our gift, and made the decision to terminate our agreement, effective June 30, 2023,” he wrote. “I regret that this decision was necessary, and hope that Barrett and ASU will take strong action to ensure that free speech will always be protected and that all voices can be heard.”

Thomas W. Lewis, source: University of Kentucky Alumni Assn.

Tipping his hand ideologically, Lewis elaborated: “Because these were mostly conservative speakers, we expected some opposition, but I was shocked and disappointed by the alarming and outright hostility demonstrated by the Barrett faculty and administration toward these speakers. Instead of sponsoring this event with a spirit of cooperation and respect for free speech, Barrett faculty and staff exposed the radical ideology that now apparently dominates the college.”

By Atkinson’s account, 39 of the 47 Barrett faculty members condemned the session in a letter to the administration. Atkinson’s count may overstate the number of signers a bit, for one thing. More significantly, however – and something Atkinson did not say – the profs did not ask that the session be cancelled. Indeed, it went forward, and she wrote that thousands attended either in person or virtually (again, her numbers seem somewhat inflated).

So, because the profs raised their voices against the session, the conservative funder killed a program that provided a platform for conservative speakers who appeared, apparently without any trouble. Logical? Perhaps not so much. Perhaps a MAGA kind of logic.

Even more illogically, Lewis’s reference to “respect for free speech” is inconsistent with his pulling the bucks. It would seem Lewis respects only some types of speech – certainly not that expressed by the profs

ASU issued its own statement through Provost Nancy Gonzales: “Arizona State University is committed to, in practice, not just rhetoric, all things that support free speech and all of its components. ASU employee Ann Atkinson has lost the distinction between feelings and fact in her recent comments about what prompted her loss of employment at the T.W. Lewis Center at Arizona State University. Ms. Atkinson’s current job at the university will no longer exist after June 30 because the donor who created and funded the center decided to terminate his donation. Unfortunate, but hardly unprecedented. ASU is working to determine how we can support the most impactful elements of the center without that external funding.

“Ms. Atkinson’s frustration with those who would suppress freedom of speech is one we share. But her conclusion that ASU students are the ‘losers’ misses the obvious point: the ‘Health, Wealth and Happiness’ event hosted by Robert Kiyosaki, Dennis Prager and Charlie Kirk was a success. Speakers came, they spoke, and more than 600 people attended. Ms. Atkinson is correct that this event was opposed by many faculty, students and others who are part of the ASU community. She is right to say that this opposition was vocal. This is not uncommon in a university setting.”

The university statement concluded: “… ASU has been awarded the ‘green light’ by the Foundation for Individual Rights and Expression and that it adopted the Chicago Principles, which affirm the ‘free, robust and uninhibited sharing of ideas among all members of the university’s community.’”

It it troubling that half-truths and omissions marked the op-ed. But it is far more unsettling that the WSJ, in its eagerness to pounce on a hot “cancellation” tale, would propagate such shortcomings.

While the paper on June 22 published the ASU statement as a letter, it has not issued a response correcting the misleading commentary or acknowledging that it got conned. At a minimum, a note from a perhaps red-faced editor — maybe op-ed chief James Taranto — would be welcome. It may be that in time somebody at the paper with a spine will fess up, something that would much serve readers of a paper ostensibly committed to accuracy, truthfulness and the full story. One can only hope.

Journalism in Many Forms

Posted on June 9, 2023 by Joe Weber

Richard Harding Davis, Source: Wikipedia

As I walked my dog down 21st Street in Center City Philadelphia the other night, a plaque on an otherwise undistinguished townhouse grabbed my eye. The place, it said, was the boyhood home of Richard Harding Davis, an exceptional fin de siecle author and journalist whose work would humble most modern reporters.

Davis covered six wars, including the Spanish-American War, the Boer War and World War I. Strains from his war correspondence may have contributed to a heart attack that killed him just shy of age 52, , according to the report of his death in 1916 in The New York Times, His adventures got him arrested a few times as he ventured to the British and French fronts, even though he backed the Allies.

By today’s standards, Davis would hardly be called an objective observer. His forte was Yellow Journalism, the sort that provoked anti-Spanish sentiments in the U.S., particularly with reporting about Cuba. Apparently happy with his sympathetic coverage, Col. Teddy Roosevelt regarded Davis as a close friend and had made him an honorary member of the Rough Riders, the regiment Roosevelt led in the Cuban campaign. Before his adventures covering various wars, in one of his earliest reporting jobs, Davis put on what the Times called “rough clothing” to gain the confidence of burglars in a saloon, proving to be instrumental in the arrests of several of them.

Much of the journalism of his day was opinionated and its practices would never fly today. And Davis also ventured into areas where opinion and points of view were the explicit stock-in-trade. He served as managing editor of Harper’s Weekly in the mid-1890s, for instance. Moving beyond fact-based work, he also wrote a bevy of books and plays, including a long list of pieces that were turned into movies.

Over the decades since, plenty of reporters have turned their hands to books, of course, including both fiction and nonfiction. Ernest Hemingway’s early days in newspapering shaped his later writing (coincidentally Hemingway developed an affection for Cuba, much as Davis did decades before). More recently, so-called New Journalism practitioners such as Joan Didion blended fiction and nonfiction to write revealingly about American culture. The New York Times recently shed light on some of Didion’s experiences and views in the polarized 1960s.

And former journalists, such as David Simon of The Wire fame, have used the skills they developed in newspapers to enormous advantage. TV has benefitted richly from him and his likes.

Journalists who hew more closely to observable facts (and accounts by insiders involved in events) include such names as Bob Woodward, whose non-newspaper work may not equal Davis’ output in volume but certainly does in impact. Others of this sort are Jane Mayer, John Carreyrou and Janet Malcolm. Many such folks have worked for outlets of varying sorts. New York Times senior writer David Leonhardt, for instance, won awards at BusinessWeek before going on to win a Pulitzer Prize at the Times. So far, he has authored two books, including a fresh take on the American economy.

Despite the prominence today of such star journalists and former journalists, one wonders about the future. Will it include more of the distinguished work of the sort they’ve done or less; more such star writers or fewer? They forged their skills in news outlets now under siege by economics, the rise of social media, cable TV and distractions of all sorts. Where will tomorrow’s writers hone their skills?

It’s hard to be optimistic at a time of such ferment in media. Certainly, the output of today’s stars is impressive. And, no doubt, some of the stars of tomorrow are toiling away now in news operations that hang on all across the country. But how long we will get to enjoy them, and how brightly they will shine in coming years, is anyone’s guess.

Decades hence, plaques may be placed on the childhood homes of some of today’s stars. Will folks walking by such places have journalists then working, using similar talents, to think about?

Trump TV Starts a New Season

Posted on May 8, 2023 by Joe Weber

Donald J. Trump is slated to appear on CNN on Wednesday night for what is being billed as a town hall. This raises a host of journalistic questions that I suspect will persist throughout the campaign. Already, folks are weighing in on the propriety of CNN granting this showcase.

As Kyle Pope of Columbia Journalism Review asks, for instance: “Do you give Donald Trump airtime or ignore him? Fact-check him in real time or let him discredit himself? Pick apart his most noxious ideas or hope they go away?”

So, let me join the parade with a few matters media outlets – and viewers — need to consider. First, of course, is whether the man is newsworthy. That’s an easy one – he’s currently the frontrunner in GOP circles in the race for the presidency and, like it or not, he did occupy that office. By definition, he’s newsworthy and many viewers – perhaps especially those who shun CNN – would want to see him.

This is different, of course, from the 2016 campaign – at least in its early stages. Back then, he had clown appeal and few, probably including many in his inner circle, thought his efforts were anything but a PR stunt. He offered comic relief. Now, he needs to be taken seriously.

The question then becomes: if he is to be taken seriously, how is he best dealt with? He is almost certain to lie, perhaps about the election results and certainly about the various legal problems piling up for him. One technique, of course, would be to call on various pundits who could disembowel him with facts.

Women who have alleged improprieties by Trump. Source: Time

But Trump is so shameless and effective at bluster – a master salesman who at least appears to believe his own pabulum — that he won’t respond the way a normal candidate would. A normal candidate would be set back on his heels by the truth. But he’ll barrel on through, keeping the limelight focused on his untruths as if they were real (likely to the applause of his supporters, who want nothing to do with a normal candidate).

Indeed, the problem raised by CNN allowing disinformation on the air was suggested in a CNBC piece. The author, Alex Sherman, referred to a promise that CNN chief Chris Licht made last year when he took over the outlet, a pledge to avoid putting on anyone who engaged in disinformation.

“The analogy I love to use is some people like rain, some people don’t like rain. We should give space to that. But we will not have someone who comes on and says it’s not raining,” Licht said in an October interview with CNBC.

He was referring to election denier nonsense, in particular, there.

But, as Sherman suggested, Licht appears to be backtracking. “This seems to be a case of Licht bending his own rules,” he wrote. “Clearly, CNN has different standards for Trump than it does spokespeople for Trump that cycle through cable news networks as daily guests.”

Still, CNN does want to treat this appearance in serious journalistic fashion. That will mean fact-checking of some sort, as CNN officials have acknowledged.

“We obviously can’t control what Donald Trump says—that’s up to him,” CNN Political Director David Chalian told Vanity Fair. “What we can do is prod, ask questions, follow up, and try to get as revealing answers as possible.”

That certainly sounds reasonable. The problem, of course, is what is reasonable in dealing with Donald Trump?

The sad fact is that in modern times we’ve never had a president like Trump or a candidate like him, either. In recent memory, extramarital shenanigans – or something as benign as tears — would disqualify a contender. Now, even an indictment (much less two impeachment proceedings) is insufficient. How low have we sunk?

So, let me make a modest proposal. On one of the innumerable TV talent competitions, whenever a judge finds someone unacceptable, he or she hits a button that puts a big red X on the screen. If a majority of the judges hits such buttons, the auditioner is bounced.

What if CNN did something like this with Trump? Each time he lies, a big red X and a loud buzzer could sound. As soon as he hit, say, six red Xs, he’d be escorted off the stage to the tune of the Beatles “Nowhere Man.”

The host would explain the rules in advance – perhaps in an effort to confine Trump to true statements. And after each lie, the host would explain the truth.

The only problem with this approach would likely be that Trump’s appearance would be short and CNN would then need to find a way to fill the airtime. Perhaps the network could then put on a credible candidate, from either party. Almost certainly, that would better serve the public than this town hall is likely to.

Muzzling the Press

Posted on April 24, 2023 by Joe Weber

Freedom of the press, a revolutionary idea pioneered in Britain by courageous government critics in the 1720s and then enshrined in the American Bill of Rights in 1791, is under extraordinary assault at home in the United States and elsewhere. That’s no wonder; the right to free expression threatens politicians everywhere who equate criticism of them with criticism of all that’s right and proper.

Of course, the assault is driven partly by ego — “L’etat, c’est moi,” said King Louis XIV, a phrase echoed in various forms by Donald J. Trump and his imitators (see Ron DeSantis) who seek to tame a rambunctious press. And, in places such as Russia and China, it reflects longstanding state policy that lately is growing more troublesome. Elsewhere, the threats to journalists are from literally murderous non-state actors.

Kyle Pope of the Columbia Journalism Review outlines the varying (and vastly unequal) threats around the world. He focuses on Russia, where Wall Street Journal reporter Evan Gershkovich is a victim of Vladimir Putin’s ego and the fragility of the Russian military, but he sets that into a global context. “The fact is that journalism and democracy are in retreat around the world, including in the United States. The Committee to Protect Journalists, in its annual tally, reported that at least sixty-seven journalists and media workers were killed in 2022, the highest number in four years and a 50 percent jump from the previous year,” Pope writes. “Nearly as many journalists were killed in Mexico as in Ukraine.”

Jeff German, source: Las Vegas Review-Journal

Thankfully, threats to journalists’ lives are not as much an issue in the United States (though isolated assassinations have occurred, such as that last year of Jeff German of the Las Vegas Review-Journal). But other threats to American journalism are more subtle, including such matters as technological change and economic forces that are killing newspapers nationwide, as well as efforts by DeSantis and others to change laws that have protected journalism. As Pope notes, DeSantis “has proposed a series of measures that hobble reporters’ ability to do their jobs, including one that would ensure comments made by anonymous sources would be presumed false in defamation lawsuits.”

Pope also notes that threats to the media come from within, from a decline in credibility. He points to Fox’s settlement with Dominion Voting Systems, suggesting that Fox News had “essentially abandoned its role as an independent chronicler of the news.” He went on: “Here we had executives and on-air anchors at the most-watched cable network in the country admitting that their devotion was more to advancing a cause—the easily disputed notion that Donald Trump had won the presidential election—than in reporting the facts. Fox’s viewers cheered the lie along. Journalism was not what they had in mind when they turned on the television.”

In that regard, it’s heartening that in the wake of embarrassing disclosures in that case Tucker Carlson is now leaving Fox. He shredded his credibility by publicly embracing Trump while privately saying he hated the man “passionately” and calling the voter fraud claims “insane.”

Yes, there are bad actors in journalism as in any other field. Carlson’s departure suggests that the marketplace — when it includes the proper functioning of the legal system — gets things right, at least over time.

Matters of life and death are at stake in censorship. State restrictions and their cousins — efforts to rewrite the past — ill serve history and the lessons we can learn from it. Some governments have sought to maintain private histories at times (one thinks of The Pentagon Papers), presumably with plans to keep such accounts secret until some undisclosed time in the future. But such efforts risk bias by the authors and deprive the public of vital information on a timely basis.

Leaders of all sorts, though particularly government officials, are threatened by free expression, of course. When the public learns of their failures, it can cost them their coveted positions, something few politicians can abide. That is why the separation of media and government must be preserved.

A Chinese colleague and I in 2016 published a study in Human Rights Quarterly, “How Chinese Journalism Students View Domestic and Foreign Media: A Survey on Credibility, Censorship, and the Role of the Communist Party in Media,” detailing how idealistic young people in China at the time valued independent thought and the freedom to publish information. Since then, the leashes have been tightening around journalism there and elsewhere and, while that may serve politicians in the short run, it shortchanges the citizens of particular countries and the world.

For a couple decades, Paris-based Reporters Without Borders has published a World Press Freedom Index that assesses the state of journalism globally. In 2022, it ranked 180 nations and territories based on the health of their media environments. Some of the results are surprising (the United States, for instance, placed 42^nd, with the group explaining that “chronic issues impacting journalists remain unaddressed. These include the disappearance of local newspapers, the systematic polarisation of the media, and the erosion of journalism by digital platforms amid a climate of animosity and aggression towards journalists, among others.”) Other results are more predictable: China placed 175^th and Hong Kong fell 68 places to 148^th, as a result of Beijing’s crackdown there. Russia ranked 155^th.

Citizens across the globe are hurt when press freedom suffers. Britain, now ranked 24^th in the world index, taught the world that centuries ago. It’s a lesson best never forgotten.

Fox News Could Have Made Things Right

Posted on April 18, 2023 by Joe Weber

Fox’s settlement of the defamation case brought by Dominion Voting Systems comes as a great disappointment to anyone interested in truthful, accurate and fair journalism.

For those who stand against demagoguery and ignorance — the stock-in-trade in the journalistic Potemkin village that is Fox News — the chance to see Sean Hannity, Tucker Carlson and Maria Bartiromo (among others) squirm on the courtroom stand would have been a great consolation. Having them admit their dishonesty and hypocrisy under the aggressive questioning of the brilliant Dominion legal team would have gone far to correct the public record for those who still cling to Trump’s Big Lie about the 2020 election.

As of this writing, full terms of the settlement have not been disclosed. Certainly, the $787.5 million that Fox reportedly will pay will be welcomed by Dominion, which asked for $1.6 billion. But here are a few suggestions that would have been helpful to everyone else:

have each host say on the air that they lied and misrepresented the truth about that election.
have them say that they routinely did so to pander to their audiences’ demands, chasing ratings, no matter how irrational those demands were.
have them say that they, in fact, repudiate Donald J. Trump and all he stands for and that they hope he is convicted of the various crimes for which he stands accused.
have them urge the man to never run again and say they will speak only ill of him in any future commentaries, on the air or off.

Ideally, the hosts would make these statements while wearing signs around their necks that say “I am a liar.” And they would do so during each show for a month. Such repetition – perhaps matching the repetition of their untruths – may be required for the message to sink in with the Fox audience.

In addition, Fox owner Rupert Murdoch would publicly apologize for his refusal to rein in the dishonest impulses of his staff and he should commit to turn Fox News into a genuine news source after this month of public shaming. The new Fox would be recast into a true fair and balanced entity, not a mouthpiece for the partisan biases of any political party or racist right-wing group in the United States.

The new Fox would be staffed by decent, fair-minded journalists and commentators. They would reject support of dictators far and wide, domestic and foreign. And, in the new Fox, commentary would be the least of its offerings. Instead, straight reporting would fill the airwaves for all but an hour or so a night — with none of the aforementioned commentators on board.

Does any of this seem unreasonable, in light of the potent influence that Fox had in the rise of Trump and his continuing support? Is it unreasonable to demand such contrition for the outlet’s role in leading up to the potential overthrow of the government on that infamous Jan. 6, its spreading of untruth at the behest and in the service of Trump, its feeding of misinformation to the mob and to the broader electorate among its viewers?

Such terms, of course, would be impossible. Indeed, Fox’s statement about the settlement conspicuously avoided any detailed admissions, other than to say “We acknowledge the Court’s rulings finding certain claims about Dominion to be false.” Then, Fox added the gaslighting and ludicrous sentence: “This settlement reflects FOX’s continued commitment to the highest journalistic standards.”

For those who believed the election falsehoods, it will be all too easy to dismiss the Dominion settlement as a bow to pressure from the Deep State. They likely will gin up some conspiracy theory to buttress such beliefs.

Fox owed Dominion an enormous amount for its perfidy. But it owes far more to the American public, to the preservation of democracy at home and abroad, and to our system of government. The outlet is responsible for a host of woes that it had the opportunity to correct with at least some form of public contrition. It failed in even that.

What Are the Limits of Free Speech?

Posted on April 11, 2023 by Joe Weber

“If liberty means anything at all, it means the right to tell people what they do not want to hear,” George Orwell famously said.

That, of course, is just one of innumerable quotes about free speech. Another handy one, attributed to George Washington, warns: “If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.”

My favorite, however, comes from Oscar Wilde. His riff on a noted comment from S.G. Tallentyre was: “I may not agree with you, but I will defend to the death your right to make an ass of yourself.”

Lately, lots of speakers — and many who would prefer not to hear them — have either been making asses of themselves or – depending on one’s viewpoint – prompting profound questions. Consider the infamous March 9 flap at Stanford Law School, where hecklers shouted down a conservative judge, who then was criticized by the school’s associate dean for diversity, equity and inclusion.

First, let’s grant that this was not so much about speech – really – but about a person the students deemed beyond the pale.

The noisy students weren’t furious about the subject of Appeals Court Judge Kyle Duncan’s comments – which dealt with guns, Covid and Twitter. Instead, they were offended by his record, which included defending Hobby Lobby against requirements that it provide contraceptive healthcare benefits to employees; his criticism of Obergefell v. Hodges, the U.S. Supreme Court decision that recognized a constitutional right to same-sex marriage, as an “abject failure” that “imperils civic peace,” as well as his defense of Louisiana’s gay-marriage ban before the Supreme Court and his defense of a North Carolina law keeping transgender people out of their preferred bathrooms.

They were troubled that Duncan, a Trump appointee, had denied a transgender woman’s request to be called “she” or “her.”

But all of it – both Duncan’s appearance and the student outrage – smacked of being a setup, an orchestrated affair more reminiscent of a WWE bout than an academic gathering. His visit, at the invitation of the university chapter of The Federalist Society, was tailor-made for controversy — and it began early.

Beforehand, students posted flyers warning that Duncan advocated for laws that “would harm women, LGBTQ+ people and immigrants,” as The Stanford Daily reported. Students in the organizations OutLaw and Identity and Rights Affirmers for Trans Equality (IRATE) asked the society to cancel his event or move it to Zoom. Their email said: “While acknowledging your right to freely associate with speakers and gain mentorship from those you choose, we are writing to express specific concerns about the effect of bringing this person into our campus community…”

After the society refused the request, Duncan’s visit did not disappoint those who expected a brawl. As the school paper reported, Duncan’s critics outnumbered Federalist Society members. The paper reported that his opponents “brought posters condemning him; some also had trans flags painted on some of their cheeks. Short speeches about how Duncan’s actions are harmful to many communities were made by protest leaders and the protesters shouted call and response chants, including, ‘When our trans neighbors are under attack, what do we do? Stand up, fight back!’”

For his part, Duncan seemed to relish the attention, even as the specific attacks infuriated him. A lawyer who posted his views of the event on Substack noted that Duncan “walked into the law school filming protesters on his phone.” When asked if he tried to record, Duncan responded with, “Damn right I did. I wanted to make a record.” And, in his opening remarks, the judge said: “I’m not blind — I can see this outpouring of contempt.”

Hecklers made it difficult for Duncan to speak, so much so that DEI Associate Dean Tierien Steinbach stepped in. As reported by Bloomberg Law, she told Duncan: “Your advocacy, your opinions from the bench, land as absolute disenfranchisement of their rights,” referring to the students. But Steinbach also defended free speech, even as she questioned whether his provocations were worthwhile. She said she “wholeheartedly” welcomed Duncan to campus, but told him, “For many people here, your work has caused harm.” Twice Steinbach asked, “Is the juice worth the squeeze?” seeming to question if he believed his speech was worth the reaction.

Despite her attempt at even-handedness, right-wing outlets demanded Steinbach’s firing. While they appear not to have gotten that, Steinbach has gone on leave (voluntarily or otherwise). The conservatives also won an apology, with criticism of Steinbach, from Law School Dean Jenny S. Martinez and university president Marc Tessier-Lavigne. Indeed, the dean mandated a half day of special free speech training for law students.

Now, as The New York Times reported, Martinez released a lawyerly 10-page memo that rebuked the activists. “Some students might feel that some points should not be up for argument and therefore that they should not bear the responsibility of arguing them,” she wrote. But, she continued, that “is incompatible with the training that must be delivered in a law school.” She added, “I believe that the commitment to diversity, equity and inclusion actually means that we must protect free expression of all views.”

But does she really mean “all views?” Would one of the many neo-Nazis riling America be welcomed to speak at Stanford? Would a KKK leader be cordially invited? How about a zealous homophobe?

The debate over free speech roiling so many campuses now seems to come down to what speech goes beyond the pale, or more properly, which speakers do. Duncan has standing, of course, because of his role as a judge. But should his positions on such matters as whether to call a transgender woman “she” put him over the line of acceptability?

Mores are moving fast these days, perhaps too fast for some conservatives. But remember that there was a time when eugenicists were acceptable on campuses. Indeed, some venues encouraged flagrantly racist and anti-Semitic academics to publish, speak and teach their views. Has the line simply moved too far for some?

As they exercised what critics called “the heckler’s veto,” there’s no question that the students behaved badly. The fact that they were law students who will need to trade and tolerate views with civility in the most potentially heated courtroom situations makes it worse.

But did Duncan serve the cause of civil discourse well by calling one critic “an appalling idiot” as he left the classroom and later calling his hecklers “bullies” and “hypocrites?” Later, in a Wall Street Journal op-ed, he doubled down, writing “They are, and I won’t apologize for saying so. Sometimes anger is the proper response to vicious behavior.”

Indeed, one wonders how much Duncan is basking in the attention his appearance provoked. As a opinion-writer at The San Francisco Chronicle wrote: “No matter who you think behaved worse here, the answer doesn’t matter for Duncan, because he got what he wanted: fame.” Referring to a Slate writer’s comments, he added, “it’s hard not to view Duncan’s performance as a not-so-subtle audition for the next Supreme Court vacancy that arises under a Republican president.”

Like it or not, free speech has limits and, if nothing else, simple decorum demands restraint even when it’s most difficult. The problem today is we don’t know what the limits are yet. Almost certainly, l’affaire Duncan will not be the last test of them.

How much are your ethics worth?

Posted on July 6, 2013 by Joe Weber

“Would you sleep with me for $25?,” the man asked the woman he had just met. “No!,” she said indignantly. “Well, how about $500?,” he responded. “Mmm,” she said. “Well, let me think about that.” Then he said, “how about $250?” Her furious answer: “What do you think I am?”

“My dear, we know what you are at this point,” he countered. “Now, we’re just negotiating price.”

This old story came to mind as I thought about the $38 undercharging episode I went through last night. My daughter, son-in-law and I bought several items at Target and the clerk told us the sum, which seemed low. My daughter questioned the figure, but he insisted all was right. So we went on our way.

Later, we looked at the receipt and, sure enough, he undercharged us by $38, apparently failing to scan a board game we bought.

So, what do we do? Return to the store and, possibly, get the clerk in trouble? Rationalize our windfall by grousing about how much Target has made on us over the last few months (the equivalent of a small country’s GDP)? Do we say to ourselves, “well, the game was absurdly overpriced anyway?”

Or, do we just take malicious joy, savoring the illicit thrill of getting away with something?

I was reminded of a couple incidents that, for decades, have stuck with me. First, when I was a kid, my aunt and I passed the candy bin in a grocery store and she filched a few chocolate malt balls or some such treat. When I asked whether that was stealing, she came up with some cockamamie rationalization for why it was okay. It didn’t seem right to me then and doesn’t now.

I shared this story with my daughter and son-in-law. I also thought, “what kind of example do I want to set for them? How do I want them to see me?” Since they are both lawyers whose job requires a high-minded sense of ethics – a sense they have anyway — the questions were especially sharp for me.

On the flip side, I once went into a shop with a friend and, when I told the counterman he had undercharged me, my friend asked me: “So, are you new to this country?” Only someone hopelessly naïve would not try, at every turn, to get away with whatever he could. Property is theft, right? And isn’t that the American way?

After we got home and played our board game last night, it was past closing time and too late to return to the clerk. But, as I awoke this morning, the undercharge was eating at me. It just wasn’t right. Those malted milk balls weren’t free. And I didn’t want my kids to look on me in an ugly light, whether the sum was for $38 or $3,800. I didn’t like feeling guilty.

So, this morning, I popped in on the Target. The clerk, a different fellow than our cashier of last night, said most people wouldn’t bring up such an undercharge. Sadly, that may be right. Indeed, I did have to suppress a twinge of feeling foolish, a sense that I was the altar boy who never grew up, the Boy Scout whom others scoff at for being oh so righteous. I even thought, “well, I’m just a middle-class guy who, thankfully, can afford to do the right thing. How different things would be if I were just scraping by, like so many others do.”

Still, I know who I am. My kids do, too. That’s well worth $38, wouldn’t you say? It would be worth $3,800 or $38,000.

Idealism: a global phenomenon

Posted on December 10, 2011 by Joe Weber

Idealism knows few national boundaries.

Students at Tsinghua University and other schools in China would see eye-to-eye (better, heart-to-heart) with many in the U.S. on this. A 22-year-old grad student of mine in Beijing showed this in spades in a recent English-language speech competition. Her outrage at injustice, her sympathy for those in distress, and her hopes for change could make her a soulmate of my 23-year-old daughter back in Chicago. Continents, oceans or economic and political systems seem not to separate them intellectually.

My student – call her “Blossom” – took on Apple Computer, a company hugely popular in China. She faulted its reliance on Chinese suppliers whose working conditions have been linked to suicides, workplace fatalities and illness-inducing toxic chemicals. Her anger at conditions she branded “inhumane” was palpable and she was unsparing in her criticism, saying Apple had failed in its social responsibilities. She also took aim at fellow Chinese, bemoaning the idea that contestants at speaking competitions, blind to problems, have routinely extolled Steve Jobs for how he “thought differently and changed the world.”

“Blossom” went further. She faulted globalization, pointing her young finger at big companies and consumers alike. “Multinationals choose suppliers with the cheapest labor and the highest efficiency, regardless of their safety standard,” she argued. “Customers care about the ink of ‘designed in Cupertino’ or the Silicon Valley, instead of the words right below it, ‘Made in China.’ Globalization institutionalizes global ignorance.”

And she called for change. Supplier information – accidents, suicides, etc. – should be made public, she argued. Invoking Justice Brandeis’ contention that sunlight is the best disinfectant, she argued, “the multinationals would be embarrassed and therefore [would pressure] the supplier to change.” Policing by government and NGO advocacy groups should be encouraged. And, she added, “As consumers, every one of us can do our bit: keep watch for suspect brands and refuse to consume immoral products.” Indeed, “Blossom” argued that every iPhone should come with a photo of its assembler. “That could serve as a reminder that an actual, living, breathing person used their own hands to help make this product. Let’s give the cold technology a human face. We will all be better off for it.”

In fairness, I must note that Apple does seem troubled by its subcontractors. It applies a code of conduct to suppliers, audits their behavior and says worker protections and factory conditions have improved at many facilities throughout its supply base. Problems, however, persist, according to reports by the company itself, as relayed by the Telegraph. Underage workers, excessive hours and other problems evade even Apple’s efforts to drive change — something that may reflect different cultural attitudes among nations, as well varying levels of economic development. Remember that capitalism is still young in China, poverty is rampant, and it took the West decades to outlaw the practices that trouble Westerners and “Blossom” alike.

Nonetheless, I’m blown away by how like my youngest child this young Chinese woman is. Reared in a country whose values seem so foreign, “Blossom” brings a kind heart and a keen eye to the world she sees around her – just like my Abi. My daughter now works to help homeless people in Chicago get back into the social system. She supported Occupy Chicago. Her criticisms of global capitalism – which we often argue about — throb with an idealist’s heart just as big as “Blossom’s.”

As globalization grows and such young people take on bigger roles in the system in coming years, I expect they will bear the torch for change. I hope they do so, whether they work within or outside multinationals. While we graybeards may quibble with some of their arguments and solutions, their passions for justice and decency should inspire us all. Over time, life may cool the fires they now burn with — but I’m in no hurry to see that happen. And I hope the Ab and “Blossom” someday can meet to see how much more unites them than divides them.

Private flaws, public failings — Spitzer and Edwards

Posted on June 5, 2011 by Joe Weber

It was surreal watching CNN this past week, as former Presidential hopeful John Edwards was hit by a federal indictment in connection with his extramarital affair during the 2008 presidential campaign. The Edwards news was old hat. What was bizarre was watching a genuine expert in the realm, former N.Y. Gov.-turned-pundit, Eliot Spitzer, report on it all.

How rich can it get in the land of pols-turned-quasi-journos? Here was Edwards, a former U.S. Senator looking pathetic but still well-coiffed as he offered regrets but a denial of legal guilt. And there was Spitzer at his anchor desk for his prime-time showcase, “In The Arena,” recounting it all and soberly assessing the prosecutors’ chances. Here was one marital cheat talking to a national audience about the failings of another, while never mentioning his own perfidies, of course.

How can it be that national TV journalism has descended into a hall-of-mirrors world such as this? Where are Walter Cronkite, Tom Brokaw or Katie Couric when you need them? Even Lou Dobbs – whose former CNN show, with its dubious emphasis on point of view, seems to be Spitzer’s model – would have been better. At least, it would have been free of hypocrisy.

Don’t get me wrong about rehabilitation. I believe in second chances. And people do have a right to make a living, a right even to regain lost dignity. What’s more, Spitzer, unlike Edwards, was never indicted as a result of his secret dalliances. Spitzer in fact had the good sense to resign as governor in 2008, stepping out of that arena with an appropriate mea culpa and sequestering himself for a while as he presumably tried to get his hungers under control and keep his family together. He’s also a smart guy with some real experience that could be valuable – maybe outside of journalism.

But there remains something odd when one serial adulterer who plunged sullied from high public office sits at a gleaming high-tech news and commentary desk and opines about the misdoings of another. A viewer might have half-expected Spitzer to declaim, “well, back when I was stepping out on Silda, here’s how I stayed clear of prosecutors…”

As it was, Spitzer instead interviewed a former prosecutor-turned-journalist, CNN legal analyst and New Yorker writer Jeffrey Toobin, about the prosecution’s risky case. That gave Spitzer a chance to hint, albeit briefly, that maybe prosecutors were abusing their discretion in pursuing the case (which has to do with the misuse of nearly $1 million in donated funds to conceal the affair). It would not have been out of place for Spitzer to compliment the enforcers who passed on pursuing him, even as he dallied with prostitutes first as New York’s attorney general and then as its governor.

One has to wonder what was going through Toobin’s mind. The guy, an author of much-praised books on the Supreme Court and other legal matters, is a professional journalist, not a pol. One imagines Toobin saying, “Well, Eliot, you’re right. The prosecutors who combed through the wiretaps in your case may have taken an unpopular stance in declining to charge you, but in legal terms …”

Of course, nothing of the kind happened. Instead, it was as if the ex-Gov. was just another journalist, another honest purveyor of the craft bringing truth to the benighted millions. The sad part is that CNN has plenty of legitimate journos – Anderson Cooper sits atop a long list. But for reasons that one suspects have to do with ratings, it chooses to be the vehicle for Spitzer’s return to the limelight.

As for the pathetic l’affaire Edwards, the doings of the former North Carolina Senator, onetime Democratic vice-presidential nominee and two-time Presidential aspirant offer still more lessons for journalists. This aw-shucks pol with the boy-next-door good looks is a bona fide member of quite a club of the ethically challenged. Members — some prosecuted, some not – include former governors, such as Spitzer, Rod Blagojevich of Illinois, James McGreevy of New Jersey and Mark Sanford of South Carolina, as well as former Idaho Sen. Larry Craig, former President Bill Clinton, former Israeli President Moshe Katsav and current Italian Prime Minister Silvio Berlusconi.

Each member’s tale is sordid in its own way and together they are interestingly nonpartisan. But the common denominator for all these disgraced leaders is the heady pursuit of sex, money or power – their outsize cravings for such things — and the blurring of the lines between right and wrong that can come with that. For reporters, these folks, including Spitzer, are the embodiment of the idea that vigilance is mandatory. Of course, that idea goes for real reporters – the Cronkite and Couric type — not the ersatz cable-host variety.

Protected Sources

Posted on February 23, 2010 by Joe Weber

When should journalists rely on anonymous sources?

Almost never, most professionals say. Bloomberg’s editor-in-chief, Matthew Winkler, in January slammed staffers at BUSINESSWEEK for quoting them. Bloomberg, which in December bought BW from McGraw-Hill, uses unnamed sources “reluctantly only when the benefit … outweighs the lack of definitive attribution,” the editor said. Without names, he added, “readers have no proof that [the quotes] are more credible than hearsay.”

AP seems a touch more tolerant. Anonymity is acceptable, it says, if “the material is information and not opinion or speculation, and is vital to the news report.” But it holds that the source must be reliable and the information cannot be gotten otherwise.

So, for us at the J School, the question arises: was it right to grant anonymity to a young illegal immigrant arguing against a plan in the state Legislature to boost tuition for illegals at the state university? The piece, headlined “Nebraska lawmakers and education officials debate immigrant tuition bill,” is a leaned-down version of an earlier story that identified the student.

Acting with compassion and prudence, my colleagues yanked that first story off our Website, NewsNetNebraska.org, after the student had second thoughts about her identity becoming known. No one here wants to put a student — barely an adult, really — in the crosshairs of politicians who could make life difficult and much more expensive for her. My fellow teachers here are educators, first and foremost. We’re all here to give students a shot at fuller lives and meaningful careers.

Still, the case is rich with lessons — and questions. The first piece, for instance, put a human face on an otherwise sterile and abstract debate. This came across with power in such details as a photo and audio slideshow where the student made her case — in her own voice — about the value of education to an immigrant. Even the most tough-minded would have to feel sympathy: this girl’s parents braved a desert crossing in the early 1990s to get her across the border at age 2, and she wants nothing more than a good, affordable education to become a contributing American citizen. Our student journalist did a superb job in drawing out such color and detail.

Regrettably, most such details are now missing. The slide show is gone altogether, as are all other photos of the young woman. Instead, readers get only a cold abstraction. Consider the lede — “If Nebraska continues to help educate immigrant college students, the state will benefit in the run, says an undocumented student who attends the University of Nebraska-Lincoln.”

Does this put the argument in human terms? Does it make a reader feel anything? Further, does it meet the tests Bloomberg and AP apply for anonymity? In hindsight, an advocate for illegals, arguing with some passion, could make the same case with his or her name attached (a university official does so in the piece, but as blandly as a lawyer would). Perhaps the student could then have been referred to, with some detail about her situation but no names. Maybe this would buttress the argument a bit.

I believe my colleagues acted rightly in taking the student’s name and photos off the story. The woman — likely under 21 and a promising student — had pleaded that she didn’t understand the implications of going public on our Web site. Fair enough. Fear is a troubling thing, and it’s not uncommon for people to have second thoughts when the stakes are high and the personal cost steep. In a way, this young student has more to lose than, say, Rosa Parks.

But for everyone involved the cost of anonymity is high. For one, readers don’t see the face behind the argument. It all seems like just another bit of legislative yammering. Our illegal neighbors don’t even seem human, but are reduced to colorless terms such as “undocumented student.”

More troubling for journalists, we lose credibility. Every time we rely on an anonymous source, we say, “trust us, there really is a person behind these quotes but we just can’t tell you who that is.” Say that too often and readers will stop believing you. Finding people who are willing to put their names on the line in difficult situations can be hard work. But in the end, it makes for good journalism, the kind that can influence the actions of politicians.

The Big Picture

Category Archives: Ethics