A Conservative Purge at The New York Times Will Only Hurt The New York Times

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The biggest news story from last week has nothing to do with spiking coronavirus rates or U.S. sanctions on communist China in the wake of its crackdown on Hong Kong protesters. The blockbuster news, according to some conservative publications and my social media feed, is that a center-right columnist at the left-leaning New York Times tendered her resignation.

My immediate, embarrassing thought after reading about Bari Weiss’ travails at “The Gray Lady” is that her widely circulated departure letter was the first thing I’ve ever read from her. She complained about “constant bullying by colleagues who disagree with my views,” which is troubling. I’m usually against washing dirty laundry in public, but her missive raised relevant points about media bias.

I’ve written opinion pieces for the Times without pushback, but have experienced enough (mostly funny) incidents as a libertarian journalist to understand her point. After the announcement, Fox News—an outlet that runs opinions ranging from those who adore President Trump to those who merely like him—ran a blistering column about journalism’s “woke mob.”

It makes sense that Tom Cotton penned the op-ed. The Times last month published his column calling for the feds to “send in the troops” to quell riots, which caused such a fracas within the newspaper that the editorial-page editor resigned. Cotton’s argument was distasteful, but I would certainly have printed it given the significance of a Republican senator calling for something so draconian. The Weiss letter reinforced the point about bias.

In my years in journalism, I’ve never seen so many conservatives who are this upset about the media. The nation’s great newspapers, John Steele Gordon wrote recently in The Wall Street Journal, “have moved away from even the pretense of political neutrality.” He championed the New York Herald, which in 1835 began a tradition of balanced reporting.

That’s long before our time, but I got my start in journalism in the post-Watergate era. Before then, newspapering was highly competitive as newspapers (especially in New York City), vied for readers with outrageous headlines. We can still find tabloid examples. My favorite headline from the New York Post: “Headless Body in Topless Bar.”

The names of many newspapers—the Republican, Democrat and Independent—announced their biases on the masthead. The term, “yellow journalism” (referring to sensationalistic news coverage), dates to the late 1800s (and comes from a cartoon character dressed in yellow). After Woodward and Bernstein’s investigation, reporters claimed to present a balanced view of an issue after sorting through the facts and talking to both sides.

Such professionalism replaced the days of cigar-chomping editors looking for salacious stories. Now, critics argue, news reporting has reverted to its more partisan past. Before you get teary-eyed about those good, old supposedly “neutral” days, think back to what they really were like— especially if you hold views that are outside the narrow mainstream. Gordon’s use of the word “pretense” offers a clue.

In my Midwestern city, we had the choice of one daily newspaper. We could watch the ABC, NBC or CBS evening news programs. There was no Fox News. Talk radio was in its infancy. There was no Internet, but I used CompuServe—a basic precursor to the online services we now take for granted—on my Radio Shack computer. If you wanted to disseminate your views, you could write a letter to the editor or mimeograph a newsletter.

My frustration with bias actually propelled me into the newspaper business. I wanted to—and we can all laugh aloud at this one—make a difference. Sure, the news stories in the Daily Miracle had the patina of objectivity, as did the stories that flowed from the lips of the TV talking heads. But the most pernicious bias comes from the presuppositions that underlie any story—and from the story ideas that never get past the gatekeepers.

One could argue that modern reporting—at least in national prestige publications such as The New York Times and The Washington Posthas become less neutral. So what? Newspapers no longer are the dominant forces they had been. These days, if you don’t like what newspapers offer, you can choose from hundreds of other sources—or go online and read the source documents for yourself.

The key is not expecting balance—or a pretense of balance—in every news story, but getting a balanced view from reading a variety of articles and publications. The problem now is there’s so much information available that no one trusts any of it. Frankly, many people’s definition of fair reporting amounts to “stories that agree with my views.”

I’m not unsympathetic to Weiss’ argument, but it’s not a big story. It probably won’t be long before you’ll find her columns published elsewhere. If you don’t like The New York Times, don’t read it. Unlike in the not-so-distant past, you now have endless options.

This column was first published in the Orange County Register.

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A Conservative Purge at The New York Times Will Only Hurt The New York Times

faphotos330642

The biggest news story from last week has nothing to do with spiking coronavirus rates or U.S. sanctions on communist China in the wake of its crackdown on Hong Kong protesters. The blockbuster news, according to some conservative publications and my social media feed, is that a center-right columnist at the left-leaning New York Times tendered her resignation.

My immediate, embarrassing thought after reading about Bari Weiss’ travails at “The Gray Lady” is that her widely circulated departure letter was the first thing I’ve ever read from her. She complained about “constant bullying by colleagues who disagree with my views,” which is troubling. I’m usually against washing dirty laundry in public, but her missive raised relevant points about media bias.

I’ve written opinion pieces for the Times without pushback, but have experienced enough (mostly funny) incidents as a libertarian journalist to understand her point. After the announcement, Fox News—an outlet that runs opinions ranging from those who adore President Trump to those who merely like him—ran a blistering column about journalism’s “woke mob.”

It makes sense that Tom Cotton penned the op-ed. The Times last month published his column calling for the feds to “send in the troops” to quell riots, which caused such a fracas within the newspaper that the editorial-page editor resigned. Cotton’s argument was distasteful, but I would certainly have printed it given the significance of a Republican senator calling for something so draconian. The Weiss letter reinforced the point about bias.

In my years in journalism, I’ve never seen so many conservatives who are this upset about the media. The nation’s great newspapers, John Steele Gordon wrote recently in The Wall Street Journal, “have moved away from even the pretense of political neutrality.” He championed the New York Herald, which in 1835 began a tradition of balanced reporting.

That’s long before our time, but I got my start in journalism in the post-Watergate era. Before then, newspapering was highly competitive as newspapers (especially in New York City), vied for readers with outrageous headlines. We can still find tabloid examples. My favorite headline from the New York Post: “Headless Body in Topless Bar.”

The names of many newspapers—the Republican, Democrat and Independent—announced their biases on the masthead. The term, “yellow journalism” (referring to sensationalistic news coverage), dates to the late 1800s (and comes from a cartoon character dressed in yellow). After Woodward and Bernstein’s investigation, reporters claimed to present a balanced view of an issue after sorting through the facts and talking to both sides.

Such professionalism replaced the days of cigar-chomping editors looking for salacious stories. Now, critics argue, news reporting has reverted to its more partisan past. Before you get teary-eyed about those good, old supposedly “neutral” days, think back to what they really were like— especially if you hold views that are outside the narrow mainstream. Gordon’s use of the word “pretense” offers a clue.

In my Midwestern city, we had the choice of one daily newspaper. We could watch the ABC, NBC or CBS evening news programs. There was no Fox News. Talk radio was in its infancy. There was no Internet, but I used CompuServe—a basic precursor to the online services we now take for granted—on my Radio Shack computer. If you wanted to disseminate your views, you could write a letter to the editor or mimeograph a newsletter.

My frustration with bias actually propelled me into the newspaper business. I wanted to—and we can all laugh aloud at this one—make a difference. Sure, the news stories in the Daily Miracle had the patina of objectivity, as did the stories that flowed from the lips of the TV talking heads. But the most pernicious bias comes from the presuppositions that underlie any story—and from the story ideas that never get past the gatekeepers.

One could argue that modern reporting—at least in national prestige publications such as The New York Times and The Washington Posthas become less neutral. So what? Newspapers no longer are the dominant forces they had been. These days, if you don’t like what newspapers offer, you can choose from hundreds of other sources—or go online and read the source documents for yourself.

The key is not expecting balance—or a pretense of balance—in every news story, but getting a balanced view from reading a variety of articles and publications. The problem now is there’s so much information available that no one trusts any of it. Frankly, many people’s definition of fair reporting amounts to “stories that agree with my views.”

I’m not unsympathetic to Weiss’ argument, but it’s not a big story. It probably won’t be long before you’ll find her columns published elsewhere. If you don’t like The New York Times, don’t read it. Unlike in the not-so-distant past, you now have endless options.

This column was first published in the Orange County Register.

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Sweet Reason

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Sweet Reason sparkling water with cannabidiol (CBD) is a beverage of interest to this magazine for a variety of, well, reasons. The flavors are on-trend and subtle: cucumber-mint, strawberry-lavender, and a La Croix–esque grapefruit. The resealable glass bottles with botanical line drawings are similarly tasteful.

The neck of the bottle says it contains “10 mg of hemp extract,” which replaces previous labeling that boasted 7 mg of CBD. As with many (perhaps most) commercially available CBD products, it can be hard to tell whether there’s enough of the active ingredient to produce more than a placebo effect.

Sweet Reason Beverage Co.’s marketing of the CBD content is so low-key as to make the chemical feel almost incidental. It’s part of the bougification and normalization of the whole cannabis family, and that alone is enough to make me feel relaxed and happy.

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Sweet Reason

minissweetreason

Sweet Reason sparkling water with cannabidiol (CBD) is a beverage of interest to this magazine for a variety of, well, reasons. The flavors are on-trend and subtle: cucumber-mint, strawberry-lavender, and a La Croix–esque grapefruit. The resealable glass bottles with botanical line drawings are similarly tasteful.

The neck of the bottle says it contains “10 mg of hemp extract,” which replaces previous labeling that boasted 7 mg of CBD. As with many (perhaps most) commercially available CBD products, it can be hard to tell whether there’s enough of the active ingredient to produce more than a placebo effect.

Sweet Reason Beverage Co.’s marketing of the CBD content is so low-key as to make the chemical feel almost incidental. It’s part of the bougification and normalization of the whole cannabis family, and that alone is enough to make me feel relaxed and happy.

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Brickbat: We Know Where You Live

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Iowa, Nebraska, South Carolina, and South Dakota have agreed to provide driver’s license information to the Census Bureau to help it determine how many noncitizens are living in the United States. But the data likely won’t help the government count the number of undocumented immigrants since all four states require proof someone is a citizen or legally in the country to issue a driver’s license.

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Brickbat: We Know Where You Live

dreamstime_xxl_182856505

Iowa, Nebraska, South Carolina, and South Dakota have agreed to provide driver’s license information to the Census Bureau to help it determine how many noncitizens are living in the United States. But the data likely won’t help the government count the number of undocumented immigrants since all four states require proof someone is a citizen or legally in the country to issue a driver’s license.

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Judge Callahan (CA9) Corrects Press Report That Failed To Note Her Dissent

Yesterday, the Ninth Circuit decided People Not Politicians Oregon v. Clarno. The opinion gave Oregon organizers more time to collect signatures for a ballot initiative. Rick Hasen flagged a footnote from Judge Callahan’s dissent. She wrote:

I again dissent from the Court’s denial of a motion to stay a preliminary injunction altering state election laws on the eve of an election.FN1

FN1: I similarly dissented from the denial of a stay motion in Reclaim Idaho v. Little, 20-35584. See Reclaim Idaho v. Little, 20-35584, CM/ECF Docket Entry No. 14 (July 9, 2020). Local press incorrectly reported that the Court’s denial in that case was unanimous. See Nathan Brown, Reclaim Idaho to resume signature gathering on school funding initiative, POST REGISTER (July 9, 2020), https://www.postregister.com/news/education/reclaim-idaho-to-resume-signature-gathering-on-school-funding-initiative/article_b548b864-aaf5-5702-a5ea-f6769621fd17.html.

Huh? I can’t recall any judicial opinion in which a judge corrects a press report about her decision. (Please email me if you are aware of any). Why would a judge publicly criticize a reporter? Who cares if the reporter got it wrong. I do know that some judges contact reporters, off the record, to talk about press coverage. Sometimes they contact me to complain. But Judge Callahan’s public rebuke was a new one for me.

Nathan Brown wrote the cited article for the Post Register, an Idaho newspaper. He wrote:

Advocates for a ballot initiative to boost education funding in Idaho by raising income taxes on corporations and the rich plan to start gathering signatures again early next week.

On Wednesday, three judges for the federal Ninth Circuit Court of Appeals denied the state of Idaho’s motion for an emergency stay that would have prevented Reclaim Idaho from starting to gather signatures online.

To his credit, Brown actually included a link to the PDF of the opinion. Bless him. More reporters need to include links to primary sources.

If you click that link, you will find a two-page PDF. That document includes a per curiam order that does not reference a dissent. Based on the documents he had, he reported that the panel was unanimous.

The document Brown posted is labelled DktEntry 14-1.

As PACER experts may know, if there is a DktEntry 14-1, there is almost certainly a DktEntry 14-2. PACER allows a document to have multiple entries; for example, separate exhibits. In this case, the Ninth Circuit placed the majority opinion at 14-1, and Judge Callahan’s dissent was at DktEntry 14-2.

If you download the full entry from PACER, you will get a four-page document: 14-1 is a two-page majority opinion and 14-2 is a two-page dissent.  I’ve uploaded the full entry here.

Brown obtained part of the docket entry, and reported accurately based on what he had. Maybe he downloaded it from PACER and paid the fee charged by the federal courts. Or maybe someone sent him part of the PDF. I think it is unreasonable to expect reporters to know the fine nuances of PACER. And it is unfair to criticize Brown by name for failing to know those details. Indeed, I’m sure this reporter will have to talk to his editor about this public castigation from a federal appellate judge. I hope he is not disciplined for this good faith mistake.

Judge Callahan should have held back her criticism here. She should apologize to Brown–and send a nice note to Brown’s editor.

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Judge Callahan (CA9) Corrects Press Report That Failed To Note Her Dissent

Yesterday, the Ninth Circuit decided People Not Politicians Oregon v. Clarno. The opinion gave Oregon organizers more time to collect signatures for a ballot initiative. Rick Hasen flagged a footnote from Judge Callahan’s dissent. She wrote:

I again dissent from the Court’s denial of a motion to stay a preliminary injunction altering state election laws on the eve of an election.FN1

FN1: I similarly dissented from the denial of a stay motion in Reclaim Idaho v. Little, 20-35584. See Reclaim Idaho v. Little, 20-35584, CM/ECF Docket Entry No. 14 (July 9, 2020). Local press incorrectly reported that the Court’s denial in that case was unanimous. See Nathan Brown, Reclaim Idaho to resume signature gathering on school funding initiative, POST REGISTER (July 9, 2020), https://www.postregister.com/news/education/reclaim-idaho-to-resume-signature-gathering-on-school-funding-initiative/article_b548b864-aaf5-5702-a5ea-f6769621fd17.html.

Huh? I can’t recall any judicial opinion in which a judge corrects a press report about her decision. (Please email me if you are aware of any). Why would a judge publicly criticize a reporter? Who cares if the reporter got it wrong. I do know that some judges contact reporters, off the record, to talk about press coverage. Sometimes they contact me to complain. But Judge Callahan’s public rebuke was a new one for me.

Nathan Brown wrote the cited article for the Post Register, an Idaho newspaper. He wrote:

Advocates for a ballot initiative to boost education funding in Idaho by raising income taxes on corporations and the rich plan to start gathering signatures again early next week.

On Wednesday, three judges for the federal Ninth Circuit Court of Appeals denied the state of Idaho’s motion for an emergency stay that would have prevented Reclaim Idaho from starting to gather signatures online.

To his credit, Brown actually included a link to the PDF of the opinion. Bless him. More reporters need to include links to primary sources.

If you click that link, you will find a two-page PDF. That document includes a per curiam order that does not reference a dissent. Based on the documents he had, he reported that the panel was unanimous.

The document Brown posted is labelled DktEntry 14-1.

As PACER experts may know, if there is a DktEntry 14-1, there is almost certainly a DktEntry 14-2. PACER allows a document to have multiple entries; for example, separate exhibits. In this case, the Ninth Circuit placed the majority opinion at 14-1, and Judge Callahan’s dissent was at DktEntry 14-2.

If you download the full entry from PACER, you will get a four-page document: 14-1 is a two-page majority opinion and 14-2 is a two-page dissent.  I’ve uploaded the full entry here.

Brown obtained part of the docket entry, and reported accurately based on what he had. Maybe he downloaded it from PACER and paid the fee charged by the federal courts. Or maybe someone sent him part of the PDF. I think it is unreasonable to expect reporters to know the fine nuances of PACER. And it is unfair to criticize Brown by name for failing to know those details. Indeed, I’m sure this reporter will have to talk to his editor about this public castigation from a federal appellate judge. I hope he is not disciplined for this good faith mistake.

Judge Callahan should have held back her criticism here. She should apologize to Brown–and send a nice note to Brown’s editor.

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