Maybe the guy in the tin foil hat was right

We should all be in line to take a whack at the idiots responsible for these completely avoidable exercises in governmental overreach and hubris.  All together now: what the hell were they thinking?  I can’t decide which is more disturbing: the government using its power to harass and tacitly threaten law-abiding citizens based on a perception of their political views, or the government using its power to harass and tacitly threaten journalists in the pursuit of their constitutionally-recognized role as government watchdog.  Both are abuses of government power that fly in the face of what this country is meant to stand for.

Today the attorney general ordered the FBI to investigate the Internal Revenue Service for apparently singling out for enhanced scrutiny the applications for tax-exempt status from what were perceived to be conservative political groups.  Yep, it looks like the party in power has been using the authority of the taxman to reward those with whom it agrees and punish those with whom it does not.  Is there any more textbook definition of abuse of power than that?

I’m not saying that the IRS shouldn’t be thorough in reviewing applications for tax-exempt status; the IRS should be exceedingly thorough in investigating such requests.  Wouldn’t we all be willing to believe there are those among us who would do whatever they could to reduce their tax bills, even lie about the true purpose of their organization?  There are entire political movements built on the effort to reduce taxes, but that doesn’t mean they deserve extra scrutiny.  Whatever’s determined to be the proper amount of review for gaining tax-exempt status should the bar for everyone to pass, and it’s just flat wrong for an arm of the government to single out persons or groups for extra scrutiny based on their actual or perceived political views, including their views about taxes!  (Is this a great country or what?)  The whole idea has conjured up in my imagination that happy visage of Richard Nixon and enemies lists.

It’s just as wrong, and just as dangerous to our liberty, for the Justice Department to seize phone records of journalists.  The DOJ notified The Associated Press last week that at some point earlier this year, and clearly without prior notice, it had seized records for 20 phone lines belonging to AP offices and journalists, including home phones and cell phones.  It did not state a reason why these records were seized; it’s believed to be in relation to an investigation into leaks about how the CIA disrupted a terrorist plot to bomb an airliner.

Our system envisions a strong press as a watchdog on government at all levels, acting as a representative of the people seeking out information that the government wants kept quiet…the stuff that the politicians and the bureaucrats don’t want you to know, that they’ve kept from you out of embarrassment or guilt.  There have been people in the government from the beginning who understood the importance of that role to the overall functioning of society, and who’ve provided sensitive information to reporters despite being told not to do so.  Today we call those people whistleblowers.  When that whistle gets blown the government’s first response is often to decide who will take the blame, and they devote a terrific amount of energy to learning who told the truth.  In some cases they ask a court to order the journalists who ran the story to tell where they got their information; in others, like this one, they just take private information without the knowledge of its owner in the hopes that they’ll be able to deduce who ratted them out.

We used to talk about the “chilling effect” that a variety of government actions would have on the newsgathering process, on the minds of the reporters who might think twice—or more than that—about pursuing a story when faced with the possibility, or the likelihood, that the government was going to fight back.  And this is that.

It’s inconceivable to me that all the people involved in these two growing scandals are merely misunderstood or made poor decisions about how to achieve a legitimate objective, but I don’t think the blame goes all the way to the top.  This president is neither that paranoid nor that stupid…although you’d think that a professor of constitutional law might have impressed on his subordinates some of his relevant thoughts about the proper use of governmental power.  If this news had come out while the last man was president, I would have accepted it as prima facie evidence of the evilness of his administration and its soulless pursuit of instituting theocratic capitalism as our new form of government.  I would have been wrong, but I admit I would have thought it.

When the government spies on reporters and appears to punish political enemies, it gives the tin foil hat crowd encouragement: “The government is spying on you—it’s keeping track of who you call and who calls you, it’s watching what you do and where you go and who you meet, it’s keeping information on your income and your taxes and your friends and who you associate with, and it’s using that information against you.”  Today that sounds a little less ridiculous that it did last week.

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After that first step it’s pretty much all downhill the rest of the way

It seems I could not have been any more wrong about change being slow: here are more positive developments resulting from last week’s “quote approval” story from the New York Times (thanks to Jim Romenesko for the tips this morning).

After the Associated Press stood up for itself, and on the heels of McClatchy and the National Journal announcing they would not permit their reporters to give interview subjects the right to approve direct quotations for publication, the editor of the American Journalism Review has stepped up to say what most good journalists have been thinking: everyone must agree to just say no.  The sure way to stop government and campaign officials from, in essence, writing the stories about themselves that you and I read is for journalists to stop agreeing to this “pernicious practice.”

The editors at Bloomberg have made it as clear as can be—it’s one thing to negotiate to move an off-the-record quote on the record, but

What isn’t fine is sending quotes to the source or a press office for their revision or rewriting. In such a case, you would no longer know who is actually uttering/writing the words, and it is no longer a negotiation but a surrender of editorial control.

OK then, any other journalists out there still good with surrendering their editorial control?  Let’s see a show of hands…

A journey of a thousand miles begins with…

“Change is sure slow” I wrote last week; I was wrong, and couldn’t be more pleased about it.

I wrote that in a post based on a New York Times story about the growing practice of government and campaign officials demanding pre-publication approval of any direct quotes attributed to them in published news stories.  The big news media outlets that sheepishly admitted to giving “quote approval” to the subjects of their stories reacted as though they were helpless infants: if they refused they would lose access to the sources and not have the story at all…there was nothing they could do.

Nothing, except stand up to the bullies.  And prove the value of reporting a story, of shining the light of publicity on a corrupt practice.

The day after the Times story ran the Associated Press raised its hand to say it did not permit quote approval.  Soon after that Dan Rather and others weighed in; today it’s McClatchy and the National Journal stepping up to reclaim some of journalism’s tarnished heritage.  I feel confident this growing cascade of recognition of who journalists really work for isn’t going to dry up with the testimony of these disciples.  (Well done, Jeremy Peters and the Times.)

The point was true last week and remains true today: “No news publication can cede the responsibility to write its own story as its writers and editors see fit; to give up that authority to the people who are the subjects of the story is to erase any reason for you or me to believe anything they print.”  If more of them are coming around to the point of view that there is something they can do, that they can stand up to the bully, it’s just sad that they had to be embarrassed into doing the right thing.

The powers that be control the message—even more than you know

Here is another depressing argument that the reality you and I inhabit, and feel comfortable most days saying we have some control over, has been sanitized for our protection.

The New York Times reports that “quote approval” is a common practice with the Obama and Romney campaigns, but also among most of the government bureaucracy.  Campaign or government officials agree to an interview with the proviso that they get pre-publication approval as to “what statements can be quoted and attributed by name.”

The chutzpah is galling, yes?  But here’s the worst part: the reporters agree to the condition!

It’s nothing new for politicians to go to extraordinary lengths to manage the impressions we get of them, and that’s not all bad: I’d rather have leaders who take time to consider what they’re doing and how their actions will be perceived than leaders who don’t take a moment to think about alternative courses of action and their potential outcomes.  And remember, there is no requirement anywhere that any politician or candidate for office need ever consent to be interviewed; that’s just the way, historically, that they have communicated with the people who put them in power.  They’re free to ask for any condition at all in return for an interview.

But, the role of the journalist in our system is to report—to dig, to uncover, to reason, to relate, to provide context—so the rest of us can hold leaders to account for the actions that they do take.  It’s not the job of the journalist to help the leaders fabricate a version of reality that puts them in a more positive light, and letting them clean up their quotes is doing just that.  (This system doesn’t work for an interview that is broadcast live on television or radio or the Web…yea, TV and radio.)

The politicians themselves betray a little self-consciousness on the issue—“The Obama campaign declined to make Mr. Plouffe or Mr. Messina available to explain their media practices. ‘We are not putting anyone on the record for this story,’ said Katie Hogan, an Obama spokeswoman, without a hint of irony.”—and the Times story says reporters “grudgingly agree” to this restriction.

I would argue that they should not agree at all.  Giving in to the bully is not the way to get him to stop stealing your lunch money.

Politicians should have the fortitude to stand by whatever they say when they agree to an on-the-record interview, whether it’s broadcast on television or reported in a printed publication, and I’m disappointed to learn about some of those who demand the final rewrite as if they were negotiating a movie deal.  But journalists mustuphold a higher standard, and that means no more cooperating with the cover-up.  Today’s story in the Times is a good start, because now the rest of us have a better idea of what’s going on.  Shining a light on this stupid practice is the first step toward bringing it to an end.

I’d love to see a story that informed me “candidate so-and-so would only agree to an interview if The Daily Disappointment gave him authority to decide which quotes would be included in the story.”  No news publication can cede the responsibility to write its own story as its writers and editors see fit; to give up that authority to the people who are the subjects of the story is to erase any reason for you or me to believe anything they print.

The author and critic Louis Kronenberger wrote that “The trouble with us in America isn’t that the poetry of life has been turned to prose, but that it has been turned to advertising copy.”  He wrote that in 1954…change is sure slow.

→UPDATE 7/17:  Turns out that not all the reporters give ”quote approval”–congratulations, Associated Press!

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