Category Archives: Donald Trump

Trump is an unwitting ally of the media

By Christopher B. Daly

Is Trump helping the media more than hurting them?

Consider: After a month in office, Donald Trump’s approval rating is dropping. It was never very high. After all, he finished second in the balloting, received a minority of votes, and won on a technicality.

Since taking office, he has waged war on the news media. How’s that working for him?

While his number drop, all the indicators for the media are rising. Ratings are up for television news programs — and not just on his favorite, Fox News, but also for independent news sources like CNN, MSNBC, the legacy broadcasters, and PBS. At the major independent newspapers (the Times and the Post pre-eminently), subscriptions are up, and I expect revenues will be up for the quarter when the time comes to report.

Yes, Trump recently called the independent media “the enemy of the American people.” That was a hateful, deplorable thing to say. Shame on him.

But so far at least, Trump is losing the war he started.

 

 

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A Trump Scorecard

By Christopher B. Daly 

At the start of a new political era, in which Republicans hold the White House and both houses of Congress, here is a handy way of tracking the performance of the party in power.

The index:

  • 1   Number of Trump press conferences since July 27,2016
  • 0  Pages of his tax returns released by Donald Trump
  • 0  Number of new jobs in the U.S. coal industry
  • 0  Number of new health care plans enacted to replace Obamacare
  • 0  Number of Trump businesses sold to avoid conflicts of interest
  • 0 Number of attacks on Americans on U.S. soil by immigrants from the 7 banned nations.
  • 0 Number of Democrats included in Trump Cabinet.

 

Updated Feb. 3, 2017.

 

 

 

 

 

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Trump epitomizes the “charismatic leader” where power is personal

By Christopher B. Daly

Nothing so aptly captures the phenomenon of Donald Trump as the social theory laid out more than a century ago by the German social thinker Max Weber. In Weber’s scheme of understanding power, Trump epitomizes a type known as the “charismatic leader.”

American politicians are sometimes described as charismatic by people who really want to use a word more like “charming.” But leaders like Trump are actually pretty rare in American political history.

Which means, in turn, that Trump is likely to present challenges to the journalists trying to cover him. Most of the national political press corps has never seen the like. On the one hand, Trump is a gift to the news media because he’s exciting; on the other, he does not fit nicely into any conventional category or narrative.

According to Weber, “charismatic authority” is different from traditional or legal sources

max weber

of authority. As the great German sociologist argued in “Politics as a Vocation,” the charismatic leader is followed because of his personal qualities. His success depends on “devotion to the exceptional sanctity, heroism, or exemplary character of an individual person, and of the normative patterns or order revealed or ordained by him.” In essence, a charismatic leader is endowed with special qualities because his followers believe he has those qualities. He is powerful because people think he’s powerful.

Trump’s authority is entirely personal. It is not connected to a party or a movement or a set of policies. It is all about him. His subliminal message to the convention and the television audience was: I will make you safe. It’s the rough equivalent of saying “I will walk you to school so no one will scare you.”

As a businessman, he is the “Lord of the Tower.” High inside Trump Tower, he rules over a privately held company. He is not like a CEO of a big publicly traded corporation. The modern corporate executive is a cog in a giant machine – made up of corporate boards, executive committees, finance committees, legal counsel, giant organizational charts, rules, policies, and guidelines. This environment produces CEOS who are risk-averse and who know that their time at the top is limited to about four or five years.

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credit: Orlando Sentinel

None of that pertains to Trump. He trusts only those people who work for him in Trump Tower. Any authority they have flows from him directly, in proportion to how close they are to him or how trusted. No one in the Trump camp exercises power independently or by virtue of a place in a bureaucracy. It’s all about personal relationships, as in a royal court or a cult.

♦        ♦        ♦       ♦

While Trump was rising last week, another career in American conservative politics was ending. Roger Ailes, the founding chief of Fox News, was ousted from his powerful position by his only boss, media mogul Rupert Murdoch.

Like Trump, Ailes was a charismatic leader in the Weberian mold. For decades, Ailes ruled Fox News by fear, bullying, helping favorites, and attempting to exercise the droit de seigneur by “flirting” with the many attractive news readers he hired.

Trump and Ailes also shared a masterful instinct for managing the public’s resentment. Even if you never watch Fox News, you have probably heard phrases like these:

  • “liberal elites”
  • “the War on Christmas”
  • “mainstream media”
  • “radical Islamic terrorism”

These and similar conservative tropes (or “memes”) are all hobgoblins intended to amplify the fear and loathing felt by some Americans. Such memes reinforce the fear that something is slipping away and reinforce the loathing of those responsible – smart people, immigrants, jihadis, liberals.

Ailes toiled for decades inside the conservative meme factory – generating, refining, and broadcasting the idea that America used to be a great country until _______________________  (fill in the blank: secularism, feminism, political correctness, elites, blacks, gays, immigrants) came along and ruined everything. Like Trump, Ailes practiced a politics of restoration.

♦        ♦        ♦       ♦

Trump had a successful convention in one sense: he managed the almost impossible task of making a modern convention interesting. For decades, the national conventions have been highly scripted, fully produced pageants made for television. No surprises – and no real politics, either. Everything is decided beforehand.

As the Democratic National Convention unfolds in Philadelphia, watch for a dramatic contrast from last week’s show in Cleveland. Hillary Clinton is the opposite of a “chaos candidate” like Trump. He huddles with a small team of political novices and makes decisions at the last minute. In Hillary’s approach to politics, by contrast, professionals are respected, and qualities like steadiness, consistency, and predictably (which Trump disdains) are considered virtues.

She makes plans and sticks to them.  She limits access. Everything is vetted. There is a structure with veteran professionals staff all key positions, from speechwriting to finance to policy.

Not so with the charismatic candidate Trump. He harkens back to political insurgents like Huey Long or George Wallace – not (just) in his bigotry but in his personal approach. Trump has no bureaucracy around him. A reporter cannot go seek out Trump’s “foreign policy shop” and get briefings on his approach to the Mideast. First of all, there is no “shop.” Second, even if there were a shop, there is no policy. There will be a policy when Trump makes one up, and it will change when he feels like it. He may meet with Netanyahu, for example, and if they hit it off personally, then Israel is under U.S. protection. If they don’t hit it off, then all bets are off. What are Trump’s budget plans? Who would make up the Cabinet? No one has a clue. Reporters are hard pressed to find reliable sources.

In covering Trump, the media have a further problem: they feel obligated to treat Trump with a straight face. Their professional code prevents them from writing and saying many things that they know to be true.

Moreover, the press gets no down time with Trump. Even when he has retreated to Trump Tower, he could still feel the urge to tweet out some message or insult or provocation at any time, creating a brand-new controversy and “winning” that news cycle.

Trump likes to talk about law and order. But in his style, he is the candidate of chaos. Fasten your seatbelt.

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Trump is dangerously wrong on libel: Why journalists need Constitutional protections

By Christopher B. Daly

In his recent remarks, Republican presidential candidate Donald Trump issued a thinly veiled threat to the news media: if he’s elected, he will (somehow) change the country’s libel laws to make it easier for him and others to sue the news media. It’s an issue with a history that is worth remembering.

Here’s Trump (from CNN):

“One of the things I’m going to do if I win… I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money,” Trump said during a rally in Fort Worth, Texas.

“We’re going to open up those libel laws so when The New York Times writes a hit piece, which is a total disgrace, or when the Washington Post, which is there for other reasons, writes a hit piece, we can sue them and win money instead of having no chance of winning because they’re totally protected,” he said. “We’re going to open up libel laws and we’re going to have people sue you like you’ve never got sued before.”

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Trump in Fort Worth (Getty)

 

Trump, who has lost a libel suit in the past, took his usual menacing tone and framed the issue as a conflict between himself and the media. The party that is missing from that formulation is the American people, who are the real clients of the First Amendment. That is the amendment that says, in part: “Congress shall make no law abridging the freedom of the press.”

And that press freedom extends into the realm of libel, as I explained in my history of 51zTMdE6eDL._SX342_BO1,204,203,200_this country’s journalism, Covering America. Trump is not the first public figure to try to use the libel laws as a backdoor way to achieve the ultimate goal of intimidating and controlling the news media. Here’s an excerpt from Covering America:

 

One of the greatest potential threats to the national coverage of the South arose in 1960 in Montgomery, Alabama. The means of intimidation was not the usual one—violence or the threat of it—but the legal system itself. At risk was the ability of the news media even to cover the movement in an honest, independent way.

The threat first arose in April 1960 as an unintended consequence of a decision by a group of civil rights activists to place a full-page advertisement in the New York Times decrying the “unprecedented wave of terror” being imposed on the Reverend Dr. Martin Luther King Jr. and student activists. The ad stated: “Again and again, the Southern violators have answered Dr. King’s peaceful protests with intimidation and violence. . . . They have bombed his home almost killing his wife and child. They have assaulted his person.” For good measure, the ad charged “grave misconduct” on the part of Montgomery officials as a group.

The city’s police commissioner, L. B. Sullivan, was incensed and decided to sue the Times for libel. (It didn’t matter that the offending passages were in the form of an advertisement and not a news story produced by a Times journalist; under U.S. law, a publisher is equally responsible for all content. It also didn’t matter that Sullivan was not singled out by name in the ad; under U.S. law, if an individual can reasonably be identified, that is enough.) Sullivan sued for $500,000 in an Alabama state court, charging the Times with publishing damaging falsehoods about him. The threat was clear: if Sullivan won, no paper could afford to cover the civil rights movement. “Silence, not money, was the goal,” as one recent history puts it.

For the Times’ Southern correspondent, Claude Sitton, the suit meant that he had better hightail it out of Alabama to avoid being subpoenaed, so he headed straight for the Georgia line, leaving Alabama essentially uncovered for the next two and a half years. For the paper’s lawyers, however, fleeing to another state was not an option, though they tried. It was difficult even to find a lawyer in Alabama who would agree to represent the Times. When one was finally found, the lawyers decided that their only recourse was to argue that the suit did not belong in an Alabama court, since the paper did hardly any business in the state. The jurisdictional argument didn’t work. The paper lost in the circuit court in Montgomery (where the judge criticized “racial agitators” and praised “white man’s justice”), and Sullivan was awarded the full $500,000—the largest libel judgment in that state’s history. The Times appealed, only to lose again. Further appeals did not look promising, since the U.S. Supreme Court had held that journalists had no constitutional protections against libel claims. So far, the use of the courts to silence the press was working.

The passage through all those courts took years, but the Times did not give up. Whatever the publisher and editors thought about civil rights, they were professionally committed to upholding ournalistic principles and prerogatives. The final appeal was argued before the U.S. Supreme Court on January 6, 1964. The stakes were high. “The court would decide nothing less than how free the press really could be,” one observer has noted. “If the decision went against the Times,would reporters be vulnerable to every libel claim filed by a ticked-off sheriff?”

And it wasn’t just the Times that was at risk. All told, Southern officials had filed some seventeen libel suits against various news media, seeking damages that could total more than $288 million. If they succeeded, the cost of covering race in the South would be so prohibitive that even the wealthiest national news media would have to pack up and go home.

On March 9, 1964, the Court issued its unanimous ruling in the Sullivan case—in favor of the Times. The ruling, a milestone in expanding press freedom, rewrote many of the rules under which journalism has been practiced ever since. The key finding was that the law of libel had to yield to the First Amendment. The Court held that if the award to Sullivan were allowed to stand, the result would amount to a form of government censorship of the press, tantamount to a de facto Sedition Act, forcing every journalist to prove the truth of every statement, which would in turn lead to self-censorship. Instead, the high court said that “debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.”

To make sure that journalists had the breathing room they need to report on and editorialize about the performance of public officials, the Court determined that libel should not be used to trump press freedom. Public figures like Sullivan, who voluntarily enter the public arena by seeking office, must expect to take some criticism. Henceforth it would not be enough for a public official who wanted to win a libel suit just to prove that the published material was false and defamatory. Plaintiffs would have to meet a higher burden of proof, which the Court defined as “actual malice,” a legal term meaning that the material in dispute was published with the knowledge that it was false or with “reckless disregard” for the truth.

Either way, public figures would have a much harder time winning such suits. The Times—and the rest of the media—were free to go back to Alabama and wherever else the civil rights story took them. . .

For more on these issues, see the classic work by NYT journalist Tony Lewis, Make No Law. There is also a very worthwhile discussion in The Race Beat, by Gene Roberts and Hank Klibanoff.

 

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