A Sixth Circuit Court of Appeals judge has denied the Milford-Miami Advertiser's request to appeal a 2012 ruling that charged the Gannett-owned suburban weekly with defamation and ordered the paper to pay the defamed plaintiff $100,000 in damages.
In an article published in the Advertiser on May 27, 2010 titled "Cop's suspension called best move for city," the paper implicated Miami Township police officer James Young, who years before had been mired in legal trouble for accusations of sexual assault that were eventually disproven, in its article discussing another sex scandal in the area.
According to court documents, in 1997, Young was initially fired from his job after a woman named Marcie Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. An internal investigation revealed that the two had actually been engaged in a relationship prior and that Young had spent time at Phillips' house while on duty. The allegations, however, were entangled in questions about Phillips' character and concern that she could have been lying about the rape because the relationship between the two had recently ended on rocky terms.
When DNA testing on semen found on a rug in the woman's home proved that the DNA didn't match Young's, he was exonerated and reinstated to his position.
The Advertiser article explained that Young had been terminated for sexual harassment, immoral behavior, gross misconduct and neglect in the line of duty and also stated that "Young had sex with a woman while on the job," which formed the basis for Young's defamation suit.
The 2010 article dealt with similar accusations lodged against Milford Police Officer Russell Kenney, who pleaded guilty to charges that he'd been having sex with Milford Mayor Amy Brewer while he was on duty on multiple occasions.
Kenney was suspended from his position for 15 days, but was later reinstated even though Milford's police chief planned to recommend his termination to avoid having to use an arbitrator to dissect the case.
Although the article is attributed to writer Kellie Giest, the lawsuit revealed that the paper's editor at the time, Theresa Herron, inserted the section of the article that went to trial. According to court documents, Herron added the paragraphs about Young to Giest's story because she felt the article needed more context about why the city wanted to avoid arbitration.
According to court documents from the suit Young filed against the Gannett Satellite Information Network, Gannett responded the to initial complaint by acknowledging that the statement was a defamation of character, but that the statement was made without actual malice on the part of Herron. There is a high legal threshold for plaintiffs to establish a defamation claim, which require the plaintiff to prove several elements beyond a reasonable doubt; for public officials, the threshold is even higher because they most prove that the offender acted with actual malice — in this case, knowing the claim about Young was false and printing it anyway — to win a lawsuit.
In its appeal, Gannett argued that Young, as a police officer, did not meet the threshold of a public official required to successfully establish a defamation claim and that Herron's inclusions were based on rational interpretations of documents on the case — even though Young denied having sex with plaintiff Marcie Phillips, he admitted the two had kissed and the arbitrator's report documented one instance in which Young was at Phillips' house while on duty.
In the court's opinion denying Gannett's appeal, Judge John Rogers writes that Herron admitted she had read the arbitrator's report from Young's case, which provided no evidence that Young and Phillips ever actually had sex at all.
"There was sufficient evidence for the jury to conclude that Herron was well aware that the statement she added to the article was probably false," it reads. "Herron was also reckless in failing to conduct any investigation beyond the records of the original case. She did not seek out Young for comment, nor did she talk to anyone involved in his case."
Their highly accurate texts were created without seeing the scrolls and they shattered secrecy created by a cabal of scholars who for decades restricted other researchers’ and translators’ access to the ancient documents.
Steve Rosen’s recent Page 1 story in the Enquirer got that right. The other scoop was my 1991 Enquirer story reporting Wacholder and Abegg’s triumph. Our photo showed visually impaired Wacholder looking at a dramatically enlarged image on a Mac.
Their ordeal had its origin in a promise by then-HUC president Nelson Glueck in 1969. He agreed to house 1000-plus photographic images of the scrolls lest something happen to the originals. He also agreed with scholars controlling access to the scrolls that no one else would see the HUC negatives while the original scrolls existed.
That included Wacholder. To his frustration, HUC honored that promise even after Glueck’s death and despite the growing international controversy over restricted scholarly access to many of the original scrolls.
Today’s Biblical Archaeology Society website, biblicalarchaeology.org, recalled how Wacholder and Abegg got lucky in 1989. Chief editor of the scrolls John Strugnell sent a copy of a secret concordance of the Dead Sea Scrolls to Wacholder. It “consisted of photocopies of index cards on which every word in the unpublished scrolls was listed, including its location and the few words surrounding it.” It was their Rosetta Stone.
Wacholder and Abegg programmed the Mac to apply their knowledge of ancient literature to the data in the concordance. "I'm sick and tired of all this waiting," he told me at the time.
In 1991, the society’s Biblical Archaeology Review published the reconstructions, breaking the more-than-40-year-old monopoly on the scrolls.
And when jealous scholars challenged the accuracy of the reconstructions, Wacholder was dismissive. "I'll match my knowing of the . . . texts - even blind — any of them.
Wacholder died last year. Abegg became professor and co-director of the Dead Sea Scrolls Institute at Trinity Western University in British Columbia.
• I’ve described my fear that the Cleveland Plain Dealer — long Ohio’s best daily — will follow other Advance Publications into print obscurity. PD journalists also heard the clatter of bean counters and created the Save The Plain Dealer campaign. Earlier this year, Advance — another name for Newhouse family publications — the New Orleans Times-Picayune as a traditional daily. It fired lots of journalists and now is printed three days a week to accommodate heavy advertising. Surviving journalists also work online every day. With that innovation, Newhouse made New Orleans America’s largest city without a daily paper. Smaller Advance dailies suffered the same fate. Poynter.com quoted an email from PD science writer John Mangels earlier this month:
“The multimedia campaign will begin Sunday with a half-page ad in The Plain Dealer, to be followed by bus and billboard ads throughout the city. TV and radio ads will appear soon. There will be mass mailings and e mailings to elected officials, political and business leaders and other people of influence. We’ll have a Facebook page with an abundance of content, a petition on Change.org, and a Twitter feed. We’re also working to organize community forums where we’ll discuss the future of journalism in Northeast Ohio, and the potential impact of the loss of the daily paper and much of its experienced newsgathering staff.”
Later, reached by phone, Mangels told Poynter that PD management hasn’t said anything about Advance’s plans. “The only detail that we’ve been told by our bosses here is that major changes are coming, layoffs in some number are coming,” Mangels said.
• Have you noticed how GOP aspirants for the 2016 presidential nomination are using long-reviled mainstream news media (MSM) to distance themselves from Romney and his disdain for retirees, veterans, Hispanics, African Americans, and young adults? I love the GOP’s irony deficit. They’ve spent decades teaching True Believers that the MSM is an evil, liberal cabal, not to be trusted. Now, these same Republican 40-somethings want voters to believe what the mainstream news media tell them about their aspirations and sagacity. They’re also fleeing Romney’s transparent hypocrisy and its blowback; benefits to Democratic constituencies are meant to buy votes but benefits for GOP constituencies never, ever should be understood as a way to woo financial support or votes.
• Here’s an angle I haven’t encountered in post-election coverage: an almost inevitable GOP win in 2016. Not only is a second elected term unusual for modern Democratic presidents, but a third term for either party is rare. Since FDR in 1940, only popular Republican Ronald Reagan was succeeded by a Republican, George H. W. Bush. I’m not alone if my reading to liberal columnists is a fair indicator of grudging agreement. They want Obama to push through agendas they’ve advocated for the past four years and to find the cajones to fight for his nominations when they go before the Senate led by Kentucky Pride Mitch McConnell.
• Propaganda-laden cable news and TV/radio talk shows can lull angry, fearful partisans and voters into believing what facts refute. And I mean refute not rebut. Anything out of sync with those GOP media was rejected as MSM bias. Whether it was a Pavlovian response, delusional thinking or magical realism, the result was Republican candidates, consultants, strategists, voters and Fox News were stunned when state after state went for Obama. Carl Rove went into a spin of denial on Fox News as election returns came in; he believed what Fox News had been telling him for months: Romney in a walk. What was that cliche, something about drinking the Kool-aid?
• This from Eric Alterman in his What Liberal Media? column in The Nation: “They watched Fox News, read The Wall Street Journal, clicked on Drudge and the Daily Caller, and listened to the likes of Rush Limbaugh, Hugh Hewitt, Karl Rove, Dick Morris and Peggy Noonan promise them that their Kenyan/Muslim/socialist/terrorist nightmare was nearly over. One election was all that stood between them and a country without capital gains taxes, pollution regulation, healthcare mandates, gay marriage and abortions for rape victims.”
Alterman continued: “The less wonderful irony involves the supporting role the mainstream media played in this un-reality show. Post-truth politics reached a new pinnacle this year as major MSM machers admitted to a lack of concern with the veracity of the news their institutions reported. ‘It’s not our job to litigate [the facts] in the paper,’ New York Times national editor Sam Sifton told the paper’s public editor, Margaret Sullivan, regarding phony Republican ‘voter fraud’ allegations. ‘We need to state what each side says.’ ‘The truth? C’mon, this is a political convention’ was the headline over a column by Glenn Kessler, the Washington Post ‘fact-checker.’ Yes, you read that right.”
How bad was it? Alterman quoted Steve Benen, a blogger and Rachel Maddow Show producer. He “counted fully 917 false statements made by Mitt Romney during 2012. Just about the truest words to come out of the campaign were those of the Romney pollster who explained, ‘We’re not going to let our campaign be dictated by fact-checkers.’ But not only did many members of the MSM give Romney a pass on his serial lying; they actually endorsed his candidacy on the assumption that we need not take seriously any of those statements the candidate had felt compelled to make in order to win the nomination of his party.”
• In the expanding universe of online calumny, few American public officials or public figures strike back big time in part because of broad First Amendment protections available to defamers. British libel law makes it much easier for the victim to win. The latest target of false online vilification is Lord Alistair McAlpine. BBC implicated but didn’t name him in its spreading child abuse scandal. However, so little was left to the imagination that in Britain’s media/politics hothouse that McAlpine was named in myriad tweets.
BBC quickly admitted error and paid him almost $300,000 to salve his bruised feelings. ITV — Britain’s Independent Television — followed BBC with apology and more than $200,000 for inadvertently accusing McAlpine of abusing children.
McAlpine is offering to accept a tweeted apology and modest payment from most of the tweeters. He’s less forgiving of 20 members of Parliament, journalists and other public officials and figures. They probably face costly libel actions in a country where it’s almost impossible for a defendant to win.
• Assume every microphone in front of you is “on.” You don’t warm up with “There once was a man from Nantucket . . . “ on the assumption that mic is dead. Myriad public figures have ignored that Law of the Jungle to their pain. The latest is Jonathan Sacks, Orthodox chief rabbi of Great Britain, who delivers a “Thought for the Day” regularly on BBC radio’s Today program.
Here’s the Telegraph report and another statement from the overworked BBC apology machine. After Sacks finished and apparently assumed his mic was turned off, host Evan Davis asked, “Jonathan, before you go, you know, any thoughts on what’s going on over in Israel and Gaza at the moment?”
Lord Sacks sighed, before replying: “I think it has got to do with Iran, actually.”
Cohost Sarah Montague realized Sacks did not seem to know his remarks were being broadcast and she could be heard to whisper: “We, we’re live.”
Lord Sacks adopted a more formal broadcasting manner and suggested the crisis demanded “a continued prayer for peace, not only in Gaza but for the whole region. No-one gains from violence. Not the Palestinians, not the Israelis. This is an issue here where we must all pray for peace and work for it.”
Later, BBC apologized for catching Sacks off-guard. A spokesman said: “The Chief Rabbi hadn’t realized he was still on-air and as soon as this became apparent, we interjected. (Host) Evan likes to be spontaneous with guests but he accepts that in this case it was inappropriate and he has apologized to Lord Sacks. The BBC would reiterate that apology.”
• So far, I haven’t found a news angle beyond prurience in the Petraeus resignation. Yes, there could have been a national security issue, but once then-spymaster Petraeus went public about his extramarital affair, he couldn’t be blackmailed. We’ll never know how well the CIA would have run under Petraeus, but turning it further into an almost unaccountable paramilitary force with its fleet of deadly drones killing Americans abroad and others would not have been in the national interest. We need a good spy agency. Killing people you’re trying to subvert and convert is a lousy game plan.
• Admiring and available women are no stranger to powerful public and corporate leaders. Generals are no exception. Neither are social climbers hoping to use them. All that’s missing from the Petraeus soap opera is for some just-married junior officer to claim his general exercised droit du seigneur.
• We can wonder what their frequently mentioned Lebanese origins have to do with the Tampa twins’ roles in the Petraeus soap opera, or whether Paula’s arms are fitter and better displayed than Michele’s. After that, let’s get to the fun stuff: the ease with which law enforcement obtains our emails.
a belated Thanksgiving note. Somehow, I found a turkey on the
Copperbelt in Central Africa where I was editing the new daily Zambia
Times. I did my best to explain how to roast it with stuffing to the
cook in the house I was caring for. He served it that evening with
obvious pride. It was brown, roasted over open coal on a spit he’d
tended for hours. The stuffing was special beyond my dreams: the
sonofabitch had used the kosher salami I’d hoarded for months for
stuffing. I thanked and praised him through clenched teeth and dug in.
It was memorable. And awful.
A local appellate court judge who is a neighborhood activist and a one-time Cincinnati City Council candidate recently was elected as president of the Ohio State Bar Association.
Patrick F. Fischer was elected Friday during the Bar Association's annual convention in Columbus.
Mitt Romney won a sizable victory in Tuesday’s Florida primary, capturing 46.4 percent of the vote to Newt Gingrich’s 31.9 percent. In all, Romney got 240,548 more votes than the ex-House Speaker.
“The size and breadth of Romney’s win provide the first real evidence that he has the potential to coalesce a party that has been deeply split …” wrote Karen Tumulty in an analysis for The Washington Post.
Scott Aiken died this month. We’ve been colleagues and friends for more than four decades. My wife and I moved to Cincinnati in 1967 and subscribed to the Enquirer. I called Scott to compliment the analyses of foreign events for which he’d been hired on the Enquirer editorial page. After swapping tales about our work overseas and people we knew there, he offered to introduce me to Bob Harrod, the local editor, who hired me for weekend reporting. It was the perfect antidote to grad school. That began 30-plus years at the Enquirer for me. Scott and I stayed in touch after he left daily journalism for corporate public relations. Our friendship survived my reporting of accusations of illegal wiretapping by Cincinnati Bell; Scott was head of the telephone company’s public relations. Our last lunch shared stories of his and Anne’s visit to Rome. Sheila McLaughlin’s obit on March 9 covers his career admirably, including Scott’s accidental matchmaking for a young reporter/colleague.
• Urbi et orbi. Accusations of omission and commission by Pope Francis when he was a priest and Jesuit leader during Argentina’s murderous “Dirty War” demonstrate how religious leaders risk charges of collaboration when a dictatorship falls. Recent examples taint the Russian Orthodox Church and South Africa’s Dutch Reform Church. But it’s a rare priest who rises to the modern papacy without the historians, news media and others questioning their careers. Pius XII is accused of being too close to Nazi Germany as diplomat Cardinal Pacelli before World War II. John XXIII was the subject of debate whether, as a chaplain sergeant in World War I, he gave Italian troops the order to leave their trenches, “go over the top” and attack. Fourteen-year-old Joseph Ratzinger was drafted into the Hitler Youth near the end of World War II, something everyone learned when he became Benedict XVI.
• The 200-plus complaints about papal coverage moved NPR ombudsman Edward Schumacher-Matos to admit he, too, was “pope-ed out.” One listener wondered if NPR stood for National Papal Radio? Schumacher-Matos blogged that “NPR aired 69 stories since Pope Benedict XVI announced his resignation Feb. 11 and Pope Francis was selected as his successor Wednesday. That averages out to about two radio magazine or call-in segments per day, not including the steady drumbeat of shorter items delivered by hourly newscasts that are not transcribed. Most of the complaints have concerned the 47 stories that aired in the four weeks between the day after Benedict announced his resignation and the morning before Francis was announced — a period during which there was less major news about the subject and more ‘horse-race’ speculation about who might be selected.”
• Of course, there was a Cincinnati connection to the papal election: Janice Sevre-Duszynska, a contributing writer to Article 25, Cincinnati’s street paper dedicated to human rights, was detained by Italian police for demonstrating at the Vatican for women’s ordination. The French news agency, AFP, missed her connection to Article 25, identifying her only as “an excommunicated female priest” from Lexington, Ky., and a member of the Association of Roman Catholic Women Priests. It was unclear whether Sevre-Duszynska was arrested or removed as a distraction when cardinals assembled to elect a new pope. AFP did not respond to CityBeat questions about her detention. She was dressed in liturgical robes and carrying a banner, “Women Priests are Here.” AFP quoted Sevre-Duszynska as saying, "As the cardinals meet for their conclave to elect the new pope, women are being ordained around the world! There are already 150 female priests in the world. The people are ready for change."
• Much as I would have loved to be back in Rome covering the election of the pope, there was an even better assignment that kicked my envy into overdrive. The Economist sent a reporter on 112-day road trip through and around Africa. I once hoped to travel the mythic Cairo Road from Capetown to Cairo. Not going to happen. The Economist’s reporter did that and more. He found more cause for cautious optimism than is reflected in typical stories of rebellion, massacre, poverty, disease and stolen elections.
• Why did Cincinnati Business Courier take down its online story about Henry Heimlich’s attempts to save his reputation and that of his Heimlich Maneuver? Granted, it wasn’t flattering, but it didn’t go beyond what Curmudgeon has reported. Reporter James Ritchie forwarded my request for an explanation and editor Rob Daumeyer responded, “Thanks for asking, but we don't have anything to add for you.”
• I like the tabloid Enquirer. I worked on daily and weekly tabloids overseas; it’s a familiar format. Whether readers enjoy turning pages to find stories promoted on section covers is uncertain; with logos, ads and visuals, there’s little else. Inside, long stories jump from page to page to accommodate reduced page size. I hope Enquirer editors recognize the power of the back page in each section and treat it as prime news space. And I’m looking forward to reporters and editors learning to produce sharp, short stories suited to tabloids; it still reads like the old Enquirer.
• Curmudgeon Notes on Feb. 20 shouldn’t take credit for Sen. Rand Paul’s filibuster over Obama’s assassination by drone. However, the Kentucky Republican echoed Curmudgeon’s anxieties whether Obama will use drones to kill Americans in our country. To his credit, Paul’s almost 13-hour standup routine forced an answer from prevaricating Attorney General Eric Holder. Holder’s letter repeated and answered Paul’s question: "Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil? The answer to that question is no.” Perfectly clear? No. Who defines combat? Deadly confrontations with feds at Ruby Ridge, Wounded Knee, or David Koresh’s Branch Davidian Ranch near Waco, TX?
• Enquirer’s Cliff Peale is probing the costs of post-secondary education and how many recent debt-burdened college grads can’t find full-time employment requiring their costly degrees. Coincidentally, Cincinnati Business Courier reports how local vacancies for skilled workers threaten the region’s economy. Is the conventional wisdom — everyone must earn a BA or more — undermining our economic security? Maybe Peale can probe high school curricula and counseling to see if capable students are being steered away from well-paid blue collar careers and into crippling debt for degrees of dubious value. Maybe it’s time to interview welders, carpenters, plumbers, electricians, auto mechanics, etc., to find out what their ROI (Return on Investment) is.
• It’s an old problem: courtiers mistaking their privilege of emptying the king’s chamber pots for royal power. Poynter.org reports this example from the University of Maryland’s Capital News Service:
Rosenzweig, a staffer for Vice President Joe Biden, ordered Capital
News Service student reporter Jeremy Barr to delete photos he took at an
event in Rockville, Md., when Biden announced an anti-domestic violence initiative.
Barr quoted Rosenzweig, saying, “I need to see your camera right now.” She called Barr’s presence in the non-press area an “unfair advantage” over the other members of the media (whatever that meant). Rosenzweig watched him delete the photos, Barr said, and then she looked at Barr’s iPhone to make sure no photos were saved there.
“I assumed that I’d violated a protocol,” Barr told Capital News Service. “I gave her the benefit of the doubt that she was following proper procedures.”
J-school Dean Lucy Dalglish complained in a letter, saying, “Rockville is not a third-world country where police-state style media censorship is expected.” Biden press secretary Kendra Barkoff responded with an apology to Dalglish and Barr.
My comment: Dalglish is a lawyer. Before taking the dean’s job she was executive director of the Reporters Committee for Freedom of the Press. It’s ironic that her student reporter didn’t know there is no “protocol” or “proper procedures” that required him to give up his images. He should have held on to his images and phone and told Rosenzweig to fuck off.
• Intimidating a student reporter (above) wasn’t a first for Biden’s staff, jimromenesko.com added. “After the vice president made a remark during the presidential campaign that Republicans would put voters ‘back in chains,’ Politico’s Jonathan Martin reported the veep’s staff ‘tried to edit media pool reports for any potential landmines that could be seized on by Republicans and even hovered at close range to eavesdrop on journalists’ conversations with attendees at Biden rallies’.”
• Republicans evince an unnatural fascination with our dead ambassador at the U.S. consulate in Benghazi. Often, in their frenzy of blame, Obama critics mistakenly call the torched facility the “Embassy.” Ignorance now appears to be nonpartisan. Maybe repetition has warped liberal minds. For instance, in her blog on the thedailybeast.com, Caitlin Dickson repeated the error. In Libya, our embassy is in Tripoli, the capital.
• Jimromenesko.com says media worldwide were suckered by a satirical column on the Internet about Nobel-winning economist, professor, columnist and blogger Paul Krugman declaring bankruptcy.
The Boston Globe’s boston.com wasn’t immune. Under the headline, “Paul Krugman Files Chapter 13 Bankruptcy,” someone using the nom de plume “Prudent Investor” wrote that “Paul Krugman, the king of Keynesianism and a strong supporter of the delusion that you can print your way out of debt, faces depression at his very own doors. According to this report in Austria’s Format online mag, Krugman owes $7.35 million while assets to his name came in at a very meager $33,000. This will allow the economist and New York Times blogger to get a feel of how the majority of Americans feel about their dreadful lives . . . “
Romenesko says Globe editor Brian McGrory told Washington Post’s Erik Wemple, “The (Krugman) story arrived deep within our site from a third party vendor who partners on some finance and market pages on our site. We never knew it was there till we heard about it from outside.” The paper, McGrory says, did “urgent work to get it the hell down” from boston.com. McGrory adds, “The idea that we’d have a partner on our site is actually news to me” and the Globe plans to “address our relationship with that vendor.”
My comment: the editor of New England’s dominant daily has a “third party vendor” who provides content for business pages and the editor doesn’t know what that content is?
• Paul Krugman, who isn’t bankrupt (above), responded tongue in cheek on his New York Times blog, The Conscience of a Liberal. “OK, I’m an evil person — and my scheming has paid off. On Friday I started hearing from friends about a fake story making the rounds about my allegedly filing for personal bankruptcy; I even got asked about the story by a reporter from Russian television, who was very embarrassed when I told him it was fake. But I decided not to post anything about it; instead, I wanted to wait and see which right-wing media outlets would fall for the hoax. And Breitbart.com came through! Now, if you’ll excuse me, I have to go give a lavishly paid speech to Friends of Hamas.”
• Weekly Standard senior writer Matt Labash’s March 18 column suggests he’d be a great guy to meet in a bar. Here’s a sample: “ . . . there are enough headline-hunting researchers making enough questionable discoveries (about health) that the four shakiest words in the English language have come to be, ‘a new study shows’.” And here’s another: “I am a professional journalist. It’s my job to pretend to know things that I don’t.”
• London’s Guardian scored its first of two coups when it reported the Obama administration is collecting our cell phone records in the name of national security. The Washington Post followed with its story about spying through Internet sites such as Google. Both relied on the same source, one of thousands of private contractor employees with top security clearances.
• The Guardian’s second coup was its interview with the American who revealed that NSA cell phone tracking: Edward Snowden, 29. The Guardian called him a “former technical assistant for the CIA and current employee of the defense contractor Booz Allen Hamilton. Snowden has been working at the National Security Agency for the last four years as an employee of various outside contractors, including Booz Allen and Dell.”
The paper said it named Snowden and published his online video statement at his request. From the moment he decided to disclose numerous top-secret documents to the public, the paper said, Snowden eschewed the protection of anonymity.
"I have no intention of hiding who I am because I know I have done nothing wrong," he told the Guardian, although he wants to avoid the media spotlight. "I don't want public attention because I don't want the story to be about me. I want it to be about what the US government is doing." That won’t be easy, he conceded. "I know the media likes to personalise political debates, and I know the government will demonise me."
Still, he told the Guardian, "I really want the focus to be on these documents and the debate which I hope this will trigger among citizens around the globe about what kind of world we want to live in ... My sole motive is to inform the public as to that which is done in their name and that which is done against them."
• Whistleblower Snowden is the civilian version of Army Private Bradley Manning, who gave military and diplomatic cables to Wikileaks. Both were low-level intelligence specialists with high-level security clearance. Both claim to have acted according to conscience, hoping to save rather than harm our nation. There is a difference, however, that I haven’t seen or heard in facile news media comparisons of Snowden to Manning or Daniel Ellsberg, an academic defense analyst who revealed the Pentagon Papers. Manning’s military and diplomatic cables and Ellsberg’s study of the Vietnam war were in the broadest sense histories. Snowden’s revelations involve current and future data collection and analysis.
• Mother Jones magazine/online also scored two scoops in recent days. It says the Justice Department wants to hide an 86-page opinion by the Foreign Intelligence Surveillance Act (FISA) Court that says the government violated the spirit of federal surveillance laws and engaged in unconstitutional spying. Mother Jones’ bureau chief in Washington, David Corn, says the secrecy effort is a response to a Freedom of Information suit by the Electronic Frontier Foundation.
• In its second coup, Mother Jones says the FBI raided the Winchester, Ky., home of corporate cybersecurity consultant Deric Lostutter. As hacker KYAnonymous, he was instrumental in making the Steubenville rape case a national story. Mother Jones says Lostutter “obtained and published tweets and Instagram photos in which other team members had joked about the incident and belittled the victim. He now admits to being the man behind the mask in a video posted by another hacker on the team's fan page, RollRedRoll.com, where he threatened action against the players unless they apologized to the girl ... According to the FBI's search warrant, agents were seeking evidence related to the hacking of RollRedRoll.com ... If convicted of hacking-related crimes, Lostutter could face up to 10 years behind bars — far more than the one- and two-year sentences doled out to the Steubenville rapists.”
• Local news media embrace an uncritical “boost, don’t knock” approach to local festivals. Even so, they ignored a great photo op at the opening of Summer Fair. Hundreds of people stood in line in the Coney Island parking lot while two people — at one table — took admission money. Some people waited more than 30 minutes to get in. Parking was free, so no one knows how many potential customers took one look and drove away.
• A recent Enquirer cover story confirms what a lot of people have known for years: Go elsewhere for sophisticated cancer care. What’s news is the admission in a proposed UC major investment to bring advanced cancer care here.
• Another Enquirer cover story made my prehensile toes curl with joy. The Creation Museum is evolving to allow us to return to tree tops ... via zip lines.
• I’m still unhappy about NPR’s decision to kill Talk of the Nation carried here 2-4 p.m. Monday-Thursday. It was the nation’s best long-format public radio interview program, sort of a New Yorker of the air.
Starting July 1, WVXU plans to fill the newly vacant 2-3 p.m. gap with an expanded Cincinnati Edition using current staff as hosts. I hope it retains long-format interviews.
With its limited resources newly devoted to the expanded Monday-Thursday Cincinnati Edition, WVXU is ending Maryanne Zeleznik’s Thursday morning long-format Impact Cincinnati interview show and the staff’s Saturday and Sunday one-hour weekend Cincinnati Edition. There were good regular segments and I hope they’ll be woven into the new format.
To fill 3-4 p.m. Monday-Thursday, WVXU is bringing in The Takeaway. WVXU says it’s is a co-production of WNYC Radio and Public Radio International, in collaboration with New York Times Radio and WGBH Boston. The Takeaway carries the tagline, “Welcome to the American Conversation.” We’ll see. Talk of the Nation set a very high standard.
• Sunday’s Enquirer Forum calls on Ohio to expand Medicaid despite a shortage of physicians and others to cope. In part, the paper notes, few med school grads choose primary care. Reasons aren’t that complicated. Relatively low salaries paid to primary care physicians mean docs will spend a good portion of their adult lives repaying loans that often began as undergrads and compounded while adding med school loans. Another reason is that Medicaid pays even less than Medicare for office visits and treatments. That’s helps explain why primary care docs aren’t better paid and some practices limit their Medicaid and Medicare patients.
The Enquirer should dig still deeper into related issues. Why should taxpayers provide health insurance (Medicaid or unpaid emergency care) to badly paid workers whose major employers provide little or no health care insurance? Why do we as a nation offer such niggardly support to med students that they opt for higher paid specialties which ease loan repayments? (This isn’t a personal beef. Our daughter, whose board certifications include family practice, went through medical school on a UC scholarship but many classmates graduated with life-limiting debt.)
• NPR had a long story on how jelly fish are multiplying at a rate that creates or exacerbates problems in the oceans. These prehistoric creatures survive, multiply and prosper without a spine or brain. Apt analogies encouraged.
• The cascade of information about NSA snooping has an unintended benefit. Pervasive federal intrusions no longer are “just a journalists’ thing.” Millions of Americans now know their cell phone calls and email/Internet data are being collected and analyzed by NSA computers and agents. This growing consciousness may provoke a groundswell that could provide brains and spine for Congress to correct police state legislation passed after 9/11.
• Eric Holder — still U.S. attorney general when this was written — is almost contrite about Justice Department grabbing reporters’ telephone and email records. He now says he won’t prosecute reporters just doing our jobs. Any journalist who accepts his assurance lacks the minimum skepticism required for our trade. Holder serves at the pleasure of a president whose antipathy to leaks recalls Nixon’s creation of the Plumbers.
• NKU dropout Gary Webb shared the Pulitzer Prize in 1990 for San Jose Mercury’s coverage of the Loma Prieta earthquake. Then he took on the CIA in his sometimes-overreaching 1996 Mercury series, Dark Alliance, which said crack cocaine was being sold in Los Angeles’ black ghettos to support CIA-supported contras in Nicaragua. The LA Times and others — including the NYTimes and Washington Post — were embarrassed by Webb and the nowhere San Jose paper. They went all out to discredit Webb and his findings. Webb’s errors and inadequately supported assertions gave critics their opening. Irrespective of the the national papers’ attacks inaccuracies and misdirection, they ruined Webb’s career and he committed suicide. Years later, even former critics acknowledged the generally substantiated core of Webb’s series: CIA ignored Contra cocaine smuggling and its spread of crack in U.S. inner cities. A movie is being made about Webb and the CIA series, Kill the Messenger.
• NPR’s Morning Edition described in broad detail an NSA data center going up outside Salt Lake City. Computers are so large and hot that they will need 1.5 million gallons of cooling water daily. I wish NPR told me where that water was coming from and where it would go after being used to cool the computers.
• With friends like this ... Aljazeera.com reports that Syrian rebels executed a 15-year-old Aleppo coffee vendor in front of his family because the killers thought a common Syrian retort was blasphemy. The youth apparently refused someone coffee on credit, saying, “Even if Mohammad comes down, I will not give it as a debt.”
meeting at Sunnylands, the Annenberg estate near Palm Springs, Calif.,
pricked my nostalgia. In the early 1940s, my father, an Army physician,
was stationed in Palm Springs. A visionary local developer offered Dad
some land. As our family legend goes, that friend assured my father that
“after the war,” Palm Springs would boom. Headed for combat in Europe
and uncertain what might follow, Dad said thanks, but no thanks. Oh,
well. If Dad had taken his friend’s offer, last week’s Obama-Xi meeting
could have been on a Kaufman desert hideaway, “10,000 Lakes.”
The Ohio State Senate’s top Republican wants to beef up ethics laws for state lawmakers.
Senate President Tom Niehaus tells The Columbus Dispatch that he plans on rolling out a new ethics bill within a few weeks. He didn’t offer specifics on what it would cover, but said disclosure and transparency would be the main themes.
Ohio’s ethics laws governing the relationship between public officials and lobbyists haven’t seen significant updates in more than 17 years. Niehaus told the newspaper he wants to see lawmakers vote on it before his legislative career ends this year.
The last major overhaul of Ohio ethics laws came in 1994, when the legislature banned public officials from receiving money to appear at dinners and receptions and required disclosure of all gifts costing more than $25.
The law also banned gifts costing more than $75, but oftentimes lobbyists will split up more expensive gifts among a number of lobbyists.
His colleagues in the ANC are preparing the country for his death and the news media are full of calls for prayer, admonitions against futile hopes for recovery, and assurances that Mandela is getting the best care possible without making him miserable and sicker.
If he's died since I wrote this on Tuesday, he lived a life of dignity and service. By example, he led South Africans of all races and ethnicities into a post-apartheid era with good will and high, if unreal, hopes that someday, the wrongs of apartheid might be erased.
For more than 50 years, I’ve followed his career with an interest that few others provoked. My active appreciation began during graduate school in London where I prepared for a career in Africa. Mandela, Sisulu and others were heroes of the anti-apartheid movement. Their efforts to end violent, toxic white minority rule in South Africa was companion to the growing momentum for independence in Europe’s African colonies, protectorates and overseas provinces.
“Winds of change” was shorthand for all of this but no one expected it to blow away the racism and segregation of South African apartheid.
That so-called “separate development” of South Africa’s various racial groups was even, then, anything but development. If anyone doubts it, look at the generations impoverished by separate education and training and how this burdens the aspirations of today’s black majority.
By the time I reached Southern Africa in late 1963, Mandela and others were on trial, accused of sabotage and conspiracy. Blacks, whites and Indians, they were leaders of the armed wing of the African National Congress. In plain words, they were revolutionaries. In mid-1964, all were convicted and most were sentenced to life in prison. They could have been executed. Mandela already was in prison, convicted of illegally leaving (and re-entering) the country.
Our weekly Zambia News and then daily Zambia Times — hundreds of miles to the north — were able to report with freedom unknown in South Africa. We benefited from the freest journalism in Southern Africa, including Southern Rhodesia, Southwest Africa, and Portuguese Mozambique and Angola.
When Mandela dies, it’s going to be fascinating to see what obits and commentaries focus on: terrorist, lawyer, prisoner, statesman, president and like Cincinnatus, a leader who walked away from power.
• Tim Funk, one of the best student journalists I was lucky enough to teach, was arrested recently for not moving swiftly enough to please cops in North Carolina.
The Charlotte Observer’s religion reporter, Tim was covering a local demonstration by local clergy at the state legislature in Raleigh.
Tim is saying nothing, under orders from his bosses, until after his mid-July court appearance. However, his paper said authorities claimed Tim, “who covered the statehouse in the 1980s, failed to move away from a crowd of about 60 that was demonstrating and peacefully surrendering to arrest.” He “was handcuffed and taken along with the arrested protesters to the Wake County magistrate’s office to be arraigned on misdemeanor charges of trespassing and failure to disperse.
“Jeff Weaver, police chief for the General Assembly Police in Raleigh who oversaw the arrests, told The Associated Press that Funk did not heed a warning from officers to disperse before the arrests began.” The paper said Tim was released late that same night.
“We believe there was no reason to detain him,” said Cheryl Carpenter, Observer managing editor. “He wasn’t there to do anything but report the story, to talk to Charlotte clergy. He was doing his job in a public place.”
One online reader commented that it probably was no accident that Tim was among the first arrested; that assured he could not report how police dealt with demonstrating clergy. Readers also noted how zealous police tested federal constitutional guarantees with their orders to disperse: freedom to assemble and petition government and freedom of the press.
• A 2012 survey of almost 900 American TV journalists found roughly 20 percent showing signs of burnout and uncertainty whether they will remain in the industry.
Scott Reinardy, associate professor of journalism at the University of Kansas, said TV news staffs increased by 4 percent, revenue was up, and stations were producing more content than ever before, often as much as 5 1/2 hours more per day. “I wanted to see how all of that played into burnout,” Reinardy said.
The KU press office reported his study. He said that questions about exhaustion, cynicism and professional efficacy found that respondents who reported higher levels of exhaustion also reported lower levels of organizational support, while those who reported higher levels of professional efficacy — or satisfaction in their jobs — reported higher levels of organizational support.
Reinardy reported that 81 percent of his respondents said they work differently “than a few years ago.” Many have increased social media responsibilities, are expected to produce content for multiple platforms and have more frequent deadlines.
“Many said, ‘I can’t do this much longer,’” Reinardy said. “You’re probably going to see the TV business get younger, a little more inexperienced and, as a result, there will be a loss of institutional knowledge, which doesn’t bode well for community journalism at any level.”
• I’m waiting for conservative pundits to wonder aloud how Republicans can tell us to trust the National Security Agency while assuring us, "Government is not the solution to our problem; government is the problem." I guess it’s the same mental gymnastics that reporters find when legislators kill money for family planning and do all they can to assure that low-income women can’t get abortions.
• A good sex scandal ages well even if protagonists don’t.
In the early 1960s, party girl Christine Keeler almost brought down the British government. She shared beds of British Secretary of State for War John Profumo and a Soviet spy, naval office Yevgeny Ivanov.
At the time, there were public assurances all around that her activities were sexual, not Cold War espionage; pillow talk was erotic, not nuclear.
Now, the London Daily Mail says Keeler’s new book includes her admission that she helped her friend, society osteopath Stephen Ward uncover secrets about missile movements in the West that were later passed to the Soviets.
“However I dress it up, I was a spy and I am not proud of it. The truth is that I betrayed my country.”
The Sunday Mirror also quotes Keeler as saying, “The Establishment was far more interested in painting it as a sex scandal and chose to ignore claims of a widespread spying network. Far better that the Establishment be caught with its pants down than involved in stealing secrets. That was the thinking.”
Osteopath Ward, who introduced young women to rich and powerful men, often at country houses, committed suicide as he became the scapegoat in the scandal.
I was at UPI in London at the time. Keeler is right. There was a political/aristocratic Establishment and its first concern was its own survival. For months, we treaded lightly as we reported seemingly unrelated events without connecting them in fear of ferocious, costly libel laws.
But the unreported stories we heard and traded proved to be less salacious than the facts as they came out. Profumo probably would have escaped with modest embarrassment had he not been caught lying to the House of Parliament about the affair. That breach of the Establishment’s expectations of a Gentleman, and not widely held suspicions of Soviet espionage, brought him down.
Morning Edition on NPR included the kind of remark that fuels
conservative conviction that public network is a coven of Lefties. The
host was asking a foreign reporter about the different responses of
Turkish and Brazilian leaders to ongoing street protests. After the
reporter offered the political context for the seemingly accommodating
reaction of the Brazilian president, the host suggested that the Turkish
prime minister hadn’t responded to young protesters there. First, the
host was wrong. He responded. Second, it was obvious that the Turk’s
response wasn’t acceptable to the NPR host because it was hardline
rather than accommodating.