Trouble for oral history?

By Christopher B. Daly

As I like to tell my students: History keeps happening.

The past is always with us, and here’s a case in point: the arrest of Irish leader Gerry Adams as a result of an oral history project carried out at Boston College by researchers who promised their interviewees that the contents would remain confidential. As my friend and fellow journalism professor Dan Kennedy points out, the prosecution of this case represents just part of the Obama administration’s campaign to undermine the rights of reporters (and now, researchers too).

More reports keep coming in:

 

From today’s Boston Globe, stories about the impact on Boston College and on Adams himself, as well as a strong column by Kevin Cullen. (plenty of comments, too, naturally)

From today’s NYTimes, a good overview by Boston correspondent Kit Seelye.

And more, from the Irish Independent and the Irish Times.

 

 

 

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Cellphone searches: Any First Amendment issues?

By Christopher B. Daly 

It’s bad enough that some of the justices on the Supreme Court who are considering whether to authorize police searches of suspects’ cellphones are pretty clueless about this ubiquitous piece of technology. What really concerns me is that none of the justices expressed any concern about the First Amendment. (Or at least if they did, none of their questions broke though into the media coverage of this week’s arguments.) All the attention was focused on the Fourth Amendment, which says:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


 

Now, don’t get me wrong. That is one fine amendment, and I don’t want to take anything away from its important safeguards. It says that police cannot just barge into your home or office and start grabbing documents. If they want to search your stuff, they have to get a warrant from a judge, and the warrant must “particularly describe” what the police expect to find.

When it comes to cellphones, there are no “papers” involved, but I think even this Supreme Court can figure out that a digital document like a text or a photo fits the meaning of what the Founders meant to protect.

Here’s where the First Amendment might enter the picture.

Consider this scenario:

A journalist is walking down the street and notices a political protest. She whips out her cellphone and uses it to make audio recordings of the natural sound as well as some interviews; she takes some photos; and she starts taking notes on the disturbance in the form of a draft email that she intends to send to herself and her editor later. Things heat up, and the police start beating protesters. Our journalist considers this newsworthy and begins taking close-up photos of police officers whaling away on protestors. A police officer orders her to stop. She refuses on First Amendment grounds and attempts to photograph his badge number and name tag. He slaps the cuffs on her and confiscates her cellphone.

What now?

Didn’t she have a First Amendment right to gather information and take photos in public? Doesn’t she have a First Amendment right to protect the identities of any confidential sources who are listed in her cellphone “contacts”? What if she has other photos, data, messages, texts and the like in her cellphone about stories in progress? Should the police, or the FBI, or the local prosecutor have the right to rummage through her cellphone without limits? Would she have a First Amendment right to remotely tell her cellphone to purge itself of all data? Would she then be committing the crime of destroying evidence, or would she be exercising her right to engage in news-gathering and dissemination?

Or, consider a second scenario:

A reporter is arrested on a DUI charge. (I know, most reporters can’t afford that much booze any more, but it could happen.) He fails a field sobriety test and the cuffs come out. Do the police have any business looking into the contents of his cellphone, since it has no bearing on the crime at issue?

Maybe if the justices on the high court used their cellphones a bit more often, they’d be more alert to these sorts of issues. Or maybe not. But I would bet that if they approve cellphone searches, something like one of these scenarios will occur pretty soon.

 

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Filed under computers, First Amendment, Journalism, media, Supreme Court

Inside the meme factory: The Clintons figured this out long ago

By Christopher B. Daly

When Hilary Clinton complained back in 1995 of a “vast right-wing conspiracy” trying to bring down her husband, she was not wrong. In fact, she and her husband’s political advisers were onto something: the interlocking network of conservative institutions set up since WWII to American politics to the right. As the Clintons realized, the right-wing think tanks and the right-wing media were mutually supportive in their campaign to concoct conservative political themes and inject them into the mainstream media. (Whether this system qualifies as a “consipracy” is a fine point, but Hilary was right to be paranoid: people were out to get her.)

A new batch of disclosures from the Clinton presidential library lay out the Clintons’ grasp of this phenomenon, circa 1995. They rightly identified Richard Mellon Scaife as a major source of funding for both conservative think tanks and media.

Scroll down past the heading sheets for a fascinating glimpse inside this usually hidden world.

Screen Shot 2014-04-23 at 9.01.39 AM

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The best book you may never have read (or forgotten about)

By Christopher B. Daly

Thank you, Dwight Garner, for the appreciation in today’s NYTimes for a neglected American classic — the 1974 oral history All God’s Dangers. It’s amazing to think that this wonderful book has fallen below the radar. Even compared to the other books that were finalists that year for the National Book Award, All God’s Dangers deserves to be read, taught, and remembered.

[What were those other books? It was a non-fiction all-star team:

The Power Broker, by Robert A. Caro

All the President’s Men, by Woodward & Bernstein

Working, by Studs Terkel

Zen and the Art of Motorcycle Maintenance, by Robert M. Pirsig.]

Rosengarten’s book, which began life as his dissertation for his doctorate in the History of American Civilization at Harvard, tells the story of an Alabama sharecropper, Ned Cobb, in his own words.

Ned Cobb (aka Nate Shaw)

Ned Cobb (aka Nate Shaw)

It was was an inspiration (and a model, along with Terkel’s book, Working, another oral history) for the book that I and five co-authors began working on in 1982, called Like a Family. Like those two 1974 books, our book focuses on working-class people, telling their own stories in their own voices.

 

 

In his piece in the Times, Garner focuses on the book All God’s Dangers and does not pay much attention to whatever happened to the subject, Ned Cobb, or the author, Ted Rosengarten. You can find more about Cobb here and here. And you can find more about Rosengarten, who became a writer in South Carolina, here and here.

Ted Rosengarten

Ted Rosengarten

 

 

 

 

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Interns should be paid!

By Christopher B. Daly 

The unpaid internship is a social evil. If a business is willing to have someone in the workplace and let them anywhere near work, then they should pay. As we know, most interns contribute something (and often quite a bit) to the places where they work, so it’s only fair to compensate them.

Let’s face facts: an internship is a temporary job with no security and no benefits. Most interns do not stay very long, and most places that use interns only use a handful. The total compensation of all interns cannot represent a lot of money to any business, including the news media. Employers exploit interns for a very simple reason: because they can!

Or, they used to be able to. Now, there are stirrings in NYC, the nation’s media capital. The state AG is cracking down on unpaid labor. Most recently, NYC mayor Bill de Blasio has signed an ordinance giving interns the right to sue employers if they are harassed or discriminated against.

Interns, arise!

 

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Abolish the NCAA (cont.)

By Christopher B. Daly 

More evidence of the corrupting influence of the NCAA?

From today’s NYTimes, a front-page re-investigation. Highlights:

Tallahassee, Fla. — Early on the morning of Dec. 7, 2012, a freshman at Florida State University reported that she had been raped by a stranger somewhere off campus after a night of drinking at a popular Tallahassee bar called Potbelly’s.

As she gave her account to the police, several bruises began to appear, indicating recent trauma. Tests would later find semen on her underwear.

For nearly a year, the events of that evening remained a well-kept secret until the woman’s allegations burst into the open, roiling the university and threatening a prized asset: Jameis Winston, one of the marquee names of college football.

Three weeks after Mr. Winston was publicly identified as the suspect, the storm had passed. The local prosecutor announced that he lacked the evidence to charge Mr. Winston with rape. The quarterback would go on to win the Heisman Trophy and lead Florida State to the national championship.

After a Florida State student accused quarterback Jameis Winston of rape, the police did not interview him or obtain his DNA. Phil Sears/Associated Press

In his announcement, the prosecutor, William N. Meggs, acknowledged a number of shortcomings in the police investigation. In fact, an examination by The New York Times has found that there was virtually no investigation at all, either by the police or the university.

Again I ask: what is the educational purpose of intercollegiate sports?

 

 

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Inside the meme factory: GOP discovers “imperial presidency”

By Christopher B. Daly

In today’s NYTimes, a story purports to have discovered a trend among Republican congressmen, who are depicted as suddenly deciding to accuse President Obama of creating an “imperial presidency.”

Hmmm. . .

Whenever Republicans start using the same phrase for the same purpose, it behooves political journalists to dig a little deeper and figure out where the new phrase/slogan/soundbite is coming from. Usually, it has been hatched deep in the bowels of the conservative “meme factory” — that set of interlocking think tanks, consultants, and media that serves the conservative movement by providing it with a constant supply of talking points, slogans, and rallying cries.

Today’s story, by Ashley Parker, traced the new “meme” as far upstream as a recent report from the office of Rep. Eric Cantor, the Republican majority leader in the House, but that’s as far as she got. I suspect there are more tributaries to explore, even further upstream.

An excerpt:

Representative Eric Cantor, the majority leader, recently released an addendum to a 33-page report his office had already put out on the “imperial presidency.” And both Mr. Broun and Mr. Loudermilk used similar phrases when talking about the role they believe government should play.

“Our founding fathers truly believed that government should be a government of the people, by the people and for the people — not a government over the people,” Mr. Broun told a gathering of supporters recently.The day before, Mr. Loudermilk offered a nearly identical refrain: “This is a government that is of the people, not a government over the people,” he told supporters. “That’s the mentality that a lot of Washington has.”

The day before, Mr. Loudermilk offered a nearly identical refrain: “This is a government that is of the people, not a government over the people,” he told supporters. “That’s the mentality that a lot of Washington has.”

Imagine that — Loudermilk “offered a nearly identical refrain.” What a coincidence!

 

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NY Times tiptoes closer to the F-word. Oh, my!

By Christopher B. Daly 

The New York Times has a very uncharacteristic Op-Ed column today by lexicographer Jesse Sheidlower arguing that the Times should get in step with the rest of society and start printing a word we all know that begins with “f” and ends with “uck” (and it’s not firetruck!).

O tempora, o mores!

When Adolph Ochs bought the New York Times in 1896, he had high aims. The patriarch of the family that still owns the newspaper — and still sets its editorial direction — wanted above all else to appeal to an

A young Adolph Ochs is noted in the trade press.

A young Adolph Ochs is noted in the trade press.

elite audience. His business model was predicated on the idea that he could survive in the crowded New York City market with a smaller audience than the vast audience of workers, tradesmen, and immigrants that Pulitzer and Hearst were catering to, provided that the Times’s readers were wealthier, which would make them more attractive to advertisers. So, he set out to distinguish his paper from the popular “yellow press” papers of Hearst and Pulitzer, which dripped gore and sex. They were read by chambermaids and stevedores, and Ochs wanted no part of them. He was aiming for the upper classes, and he presumed that they preferred a more-decorous approach.

So, in addition to his famous motto “All the News That’s Fit to Print,” he also spelled out his credo in a statement to his readers. He promised that the Times would not “soil the breakfast cloth” — meaning that families could bring his paper to the breakfast table (which would have a table cloth, because Times readers could afford them) and not have to worry that it would besmirch the conversation or corrupt the children. In fact, Ochs declared his intention that the Times would deliver the news “in language that is parliamentary in good society.”

Thus, it would appear that proper language is part of the paper’s DNA, and the Times has certainly been culturally conservative in the sense that it has been reluctant to depart from the late-Victorian standards of propriety and vulgarity laid down by the current publisher’s great-grandfather.

Of course, it is a fair question to ask how many families gather around the breakfast table sharing the print edition of the Times and how many families are succeeding in preventing their children from learning the f-word.

Pretty fucking few, I’d bet.

 

 

 

 

 

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Reporting on autism: wrong or dumb?

By Christopher B. Daly

What does it mean that the two sides of this graphic are so out of whack?

Screen Shot 2014-03-30 at 3.01.00 PM

What it shows (according to Princeton prof. Sam Wang, in an article in today’s NYTimes Sunday Review) is that journalists way over-report the wrong things about autism. Whereas most articles are about vaccines, the science suggests that most autism is a product of genes and/or prenatal and very early stresses on mother and child. Hmmm…..

I had never even heard about “injury to the cerebellum at birth,” which turns out to be a major added-risk factor. How are we supposed to understand issues like this and — god forbid! — formulate public policy when journalists present such a distorted view of the science?

Sheesh.

 

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Veteran correspondent: Why we failed

By Christopher B. Daly

A recent piece by the redoubtable Carlotta Gall in the NYTimes Sunday Magazine points up one reason why the Times is so valuable to its readers. Gall was a correspondent for the Times in Afghanistan for more than a decade — arriving shortly after the 9/11 attacks prompted the United States’ ferocious counter-strikes in the Muslim world. Gall (who I met once when we gave her an award at Boston University) is one tough cookie — a veteran, smart, deeply informed observer of places and things that most Americans would never get to see first-hand. We have depended on her.

Now, in a kind of valedictory, she is stepping out of her duties as a day-to-day news reporter and taking on the role of an analyst. The Times ran a chunk of her forthcoming book in the Magazine, and here are the parts that really struck me.

First, she credentialed herself:

Shortly after the Sept. 11 attacks, I went to live and report for The New York Times in Afghanistan. I would spend most of the next 12 years there, following the overthrow of the Taliban, feeling the excitement of the freedom and prosperity that was promised in its wake and then watching the gradual dissolution of that hope. A new Constitution and two rounds of elections did not improve the lives of ordinary Afghans; the Taliban regrouped and found increasing numbers of supporters for their guerrilla actions; by 2006, as they mounted an ambitious offensive to retake southern Afghanistan and unleashed more than a hundred suicide bombers, it was clear that a deadly and determined opponent was growing in strength, not losing it. As I toured the bomb sites and battlegrounds of the Taliban resurgence, Afghans kept telling me the same thing: The organizers of the insurgency were in Pakistan, specifically in the western district of Quetta. Police investigators were finding that many of the bombers, too, were coming from Pakistan.

Then, a bit later, she very helpfully boils down all those years of her hard-won education in the field:

“The madrasas are a cover, a camouflage,” a Pashtun legislator from the area told me. Behind the curtain, hidden in the shadows, lurked the ISI.

The Pakistani government, under President Pervez Musharraf and his intelligence chief, Lt. Gen. Ashfaq Parvez Kayani, was maintaining and protecting the Taliban, both to control the many groups of militants now lodged in the country and to use them as a proxy force to gain leverage over and eventually dominate Afghanistan. The dynamic has played out in ways that can be hard to grasp from the outside, but the strategy that has evolved in Pakistan has been to make a show of cooperation with the American fight against terrorism while covertly abetting and even coordinating Taliban, Kashmiri and foreign Qaeda-linked militants. The linchpin in this two-pronged and at times apparently oppositional strategy is the ISI. It’s through that agency that Pakistan’s true relationship to militant extremism can be discerned — a fact that the United States was slow to appreciate, and later refused to face directly, for fear of setting off a greater confrontation with a powerful Muslim nation.

I’d say that all the pundits and politicians who sit back here at home, safe and warm, should listen to someone who has actually been there and really knows what she’s talking about. So, there you have it: During all those years of dying and spending in that part of the world, the United States was basically being played as a chump, and the moment we leave, all parties involved are going to go right back to what they were doing before we got there.

 

 

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