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This is EXACTLY what the First Amendment protects us from

Pat Ryan Leave a comment

In the dark reality of the second Trump Administration and its near-daily attacks on the legal and Constitutional protections of the American way of life, I’ve resolved not to be that guy with the kneejerk rapid response to every “outrageous” action dreamed up by the Christian nationalist lawyers who plan and execute TFG’s official agenda.  Because if I did, there wouldn’t be enough time left in the day for sleeping late or watching TV, for playing golf or doing any of the things I like to do; sounding the warning about you know who is a thing I am increasingly uninspired about.  I figure, those who know the threat already know; those who know and don’t care aren’t listening anyway; the rest can’t read, I guess.

But our government blatantly violated the First Amendment to the Constitution yesterday, and I felt the need to say something even though others have and will say this, but I want to say it too.

Since the Bill of Rights was ratified December 15, 1791, my favorite Constitutional amendment has protected our basic freedoms: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”  When it comes to free speech, what it means is that we can say we want (within some limits) without censorship by the government.  It doesn’t mean that your boss or your church or your spouse can’t punish you for what you say, or that your friends can’t ostracize you from the group chat or not invite you to the neighborhood barbecue; it means you have “the right to articulate opinions and ideas without interference, retaliation or punishment from the government.”  As explained in an article by the Ronald Reagan Presidential Library, freedom of speech

…has long since been interpreted by the Supreme Court to mean that all American speech can not be infringed upon by any branch or section of the federal, state, or local governments. Private organizations however, such as businesses, colleges, and religious groups, are not bound by the same Constitutional obligation. The First Amendment experienced a surge in support and expansion in the 20th century, as Gitlow v. New York (1925) determined that the freedoms promised in it are applicable to local, state, and the federal governments. Further, subsequent Supreme Court decisions from the 20th century to the early-21st century have determined that the First Amendment protects more recent and advanced forms of art and communication, including radio, film, television, video games, and the Internet. Presently, the few forms of expression that have little to no First Amendment protection include commercial advertising, defamation, obscenity, and interpersonal threats to life and limb.

Yesterday we all learned that the ABC television network, a division of the Walt Disney Company, announced an indefinite suspension of “Jimmy Kimmel Live!”  That decision was announced after Nexstar Media Group announced it would preempt Kimmel on the 23 ABC-affiliated stations it owns due to comments Kimmel made “concerning the killing of Charlie Kirk”.  Nexstar owns and/or operates more than 200 local TV stations across the country, and it has every right to decide which programs it will air and which it will not.  As the possessor of a government license to operate a broadcast outlet, it actually has a responsibility to do that.  Whether or not you or I agree with Nexstar’s stated reason for deciding to pull Kimmel, that decision is entirely within the law and does not violate anyone’s First Amendment rights.  And if ABC pulled the show from the network as a means to try to placate a large business partner, that’s perfectly legal, too.  A little cowardly, maybe, but not illegal.

Now, just as background, be aware that both Nexstar and Disney are in line to get government approval for separate planned deals: Disney’s ESPN is trying to acquire the NFL Network, and Nexstar still needs final approval to buy Tegna, which owns 64 stations in 51 markets across the country.  Hmm, seems familiar: Paramount, which owns CBS, was awaiting government approval on a merger…then it settled a meritless $20 BILLION suit filed against it by Trump (for $16 million) and that led to the “big fat bribe” comment on “The Late Show with Stephen Colbert,” and then CBS cancelled Colbert (ten months in the future).  Paramount received the merger approval three weeks later.  But back to our current story.

You see, before Nexstar made its announcement yesterday and before ABC then followed up with its announcement, the chairman of the Federal Communications Commission appeared on a podcast and criticized Kimmel’s comments.  That’s cool.   Brendan Carr said the FCC “has a strong case for holding Kimmel, ABC and network parent Walt Disney Co. accountable for spreading misinformation.”  Uh, I guess that’s OK if he means the agency responsible for regulating the use of public airwaves won’t permit the misuse of that shared resource.  But then Carr said “We can do this the easy way or the hard way. These companies can find ways to take action on Kimmel or there is going to be additional work for the FCC ahead.”

That doesn’t sound very much like the government threatening a business over its exercise of free speech, does it?  Take care of it…or else. ( Hey, nice network ya got there; be a shame if anything happened to it.)

The point of free speech is that you can say what you want and not face “intimidation, retaliation or punishment” from the government.  Like, say, the FCC chairman (a Trump sycophant) threatening the licenses of ABC affiliates who air Kimmel because he (and Trump) don’t like what Kimmel says.

FCC Commissioner Anna Gomez criticized the administration for “using the weight of government power to suppress lawful expression” in a post on X.

“Another media outlet withered under government pressure, ensuring that the administration will continue to extort and exact retribution on broadcasters and publishers who criticize it,” said Ari Cohn, lead counsel for tech policy at the Foundation for Individual Rights and Expression. “We cannot be a country where late-night talk show hosts serve at the pleasure of the president.”

Like, the president who said “as he flew home on Air Force One on Thursday…networks that give him bad publicity should “maybe” have their licenses taken away. (The FCC regulates local TV station licenses, not networks.)”  Proving beyond all question that he really does not understand the role of the press in America.

Bill Carter, an editor-at-large at LateNighter who has spent 40-plus years covering late-night comedy and the television industry, said “nothing even remotely like it has ever happened before.” Calling the Trump administration’s recent actions an “affront to the Constitution,” Carter stressed the role previous late-night stars like Johnny Carson played in public discourse.

Carson “spoke comedy to power,” Carter said. “And that’s what late-night shows have done ever since.”

Other expressions of shock and anger rolled through the Hollywood Hills and Capitol Hill on Thursday, as concerns mounted about a new era of government censorship.

“This is beyond McCarthyism,” Christopher Anders, director of the Democracy and Technology Division for the American Civil Liberties Union, said in a statement. “Trump officials are repeatedly abusing their power to stop ideas they don’t like, deciding who can speak, write, and even joke. The Trump administration’s actions, paired with ABC’s capitulation, represent a grave threat to our First Amendment freedoms.”

“Jimmy Kimmel has been muzzled and taken off the air,” comedian Marc Maron said in an Instagram video posted early Thursday morning. “This is what authoritarianism looks like right now in this country … This is government censorship.”

“This isn’t right,” actor and director Ben Stiller wrote on X.

Damon Lindelof, the writer-producer of the hit TV show “Lost,” vowed to take action against ABC’s owner, Disney. “I can’t in good conscience work for the company that imposed [Kimmel’s suspension],” he said.

There are many more reactions in this story, including from that fun couple Barack Obama and Roseanne Barr.  Click the (gift) link above to read them all.

My point is, this action – a government official threatening government action against a company over speech he (claims he) finds offensive – is as stark an example as I can imagine of what the First Amendment does not allow.  And, it’s just the latest example of what seems to be a top goal of the thinnest-skinned man ever to be our president: to punish any and all who would dare criticize his any or every action. (Gift article, too)

Billionaires are accelerating their efforts to consolidate control over media platforms and the president is eager to help them do so, provided they shut down his critics. If they don’t, he threatens to use the levers of government — particularly those designed to remain independent — to financially punish them. None of this is secret; the brazenness is, at least partly, the point.

(snip)

The systematic effort to censor American media isn’t exactly subtle. The president has not disguised his intentions or his reasons. He has gone to some trouble to emphasize that he wants to control who’s on television and what they say. (And in newspapers too — in the past two months, he has filed lawsuits against the Wall Street Journal and the New York Times.) When Colbert’s “Late Night (sic) with Stephen Colbert” was canceled in July, Trump posted “It’s really good to see them go,” “and I hope I played a major part in it!”

For some valuable perspective on this big Constitutional issue, and the tiny-fisted tyrant at the center of the storm, I close with this:

David Letterman, the king of a previous generation of late-night TV hosts, spoke about Kimmel’s suspension at the Atlantic Festival in New York on Thursday. He said that as host of “Late Night With David Letterman,” he had mocked presidents across six administrations without fear of retribution.

We “attacked these men mercilessly,” Letterman told Atlantic editor Jeffrey Goldberg. “Beating up on these people, rightly or wrongly, accurately or perhaps inaccurately in the name of comedy, not once were we squeezed by anyone from any governmental agency, let alone the dreaded FCC.”

“The institution of the President of the United States ought to be bigger than a guy doing a talk show. You know, it just really ought to be bigger,” Letterman added. “By the way, I have heard from Jimmy. He was nice enough to text me this morning, and he’s sitting up in bed taking nourishment. He’s going to be fine.”

On Hinch and Morton and “Codebreaker”

Pat Ryan Leave a comment

Four weeks.  It’s been almost four weeks now since Major League Baseball Commissioner Rob Manfred issued his report finding my Houston Astros guilty of cheating in 2017 and 2018 for using technology to steal signs from their opponents, and only now does former manager A. J. Hinch agree to an interview on the subject.  Coincidentally, it was released the same day we learned more about how the cheating may have gotten started, revealed thanks to that stalwart of baseball journalism, the Wall Street Journal.  No kidding.

The commissioner’s report found that the Astros players were behind the scheme, and that the manager was aware of what was going on but didn’t do anything to stop it.  You’ll get no argument on that point from Hinch, who talked to Tom Verducci of MLB Network.

“I wish I would have,” Hinch said. “I really do. I think that’s a big question that I’m going to process over what’s now a season-long suspension. It’s something I continued to think about certainly through the investigation, when you have to openly talk about it. I wish I would have done more. Right is right and wrong is wrong, and we were wrong.”

(snip)

The Commissioner’s report said that Hinch twice took a bat to monitors that were used to steal signs, an indication that the manager did not approve of the players’ methods. In hindsight, Hinch said, he should have taken further measures to stop what was happening.

“I should have had a meeting and addressed it face forward and really ended it,” he said. “Leadership to me is often about what you preach. Leadership’s also about what you tolerate. I tolerated too much.”

(Note: it is accepted wisdom that there is nothing more powerful in all of baseball than a team meeting.)

Most recent stories want us to focus on the question of whether the Astros’ 2017 World Series title is tainted.  Of course it is.  It’s not invalidated, but short of mass amnesia there’s no way for people not to think that the Astros won, or may have won, because they cheated.  But that’s not the most important question, not to me.  I need to hear Hinch’s explanation for why he tolerated too much, why he didn’t put a stop to behavior of which, we are told, he highly disapproved.

Verducci didn’t press him to answer, at least not in the portion of the interview that was published.

When the question is why didn’t you stop it, the answer is not “I wish I had stopped it,” the answer is to explain to me why you did not, and so far I haven’t seen Hinch’s answer to that question.  I get that it’s not the old days when players didn’t have any power and managers ruled with an iron fist, and that today maybe some managers don’t really have control over their players.  In this case, though, the players reportedly told the investigators that if Hinch had just told them to stop it, they would have stopped; sounds like a group that respects the manager and wants to please.  So why didn’t Hinch take advantage of that dynamic and direct his players to stop this thing that he claims he opposed?  We don’t know.

Hinch has always been comfortable in front of the camera, and he did a good job in this interview of accepting responsibility for his inaction that hurt his team.  Fired Astros general manager Jeff Luhnow seems to have fallen into a deep deep hole somewhere with absolutely nothing to say, beyond a statement last month denying he knew anything at all about this as it was happening.  Hmm.

Keep that in mind when you read the Wall Street Journal story that the “Houston Astros’ front office laid the groundwork for the team’s electronic sign-stealing ploys via a program dubbed ‘Codebreaker’ that was introduced by an intern in the organization in September 2016.”  (If you can’t access the full WSJ story, here’ a link to an ESPN version.)  An intern who worked for Jeff Luhnow says he assumed Luhnow knew the program was being used during regular league games.  Luhnow reportedly told MLB investigators he remembered “the intern’s PowerPoint slide about ‘Codebreaker,’ but said he thought it would be used to legally decipher signs from previous games.”

The team’s director of advance information, Tom Koch-Weser, also alleges Luhnow knew about the system. According to the WSJ, Koch-Weser told MLB that the former GM would occasionally go to the Astros’ video room during road games and make comments like, “You guys Codebreaking?”

Luhnow declined the WSJ’s request for comment but, according to the paper’s reporting, denied Koch-Weser’s accounts to MLB, and investigators could find no definitive proof that Luhnow knew how “Codebreaker” was being used.

Meanwhile, the Astros players are still in hiding, and this is a great example of how a lot of journalism today fails when it comes to covering professional sports, and how the players and other employees of the major league teams aren’t held accountable for their actions in the way that other people who find themselves unfortunately in the news are.  The businessman accused of cheating or of allowing cheating to occur gets grilled.  To use a Houston example, think Enron: Ken Lay and Jeff Skilling and Andrew Fastow were hounded to respond to the charges, and no reporter was satisfied to just let it go if one of them “had not been made available” for an interview.  But that’s what we get from reporters covering the Houston Astros and the findings from Major League Baseball that the team cheated.  Not one current player has had his feet held to the fire to talk about their roles, or the team’s behavior.

I get it that the players don’t want to talk publicly; they do not want to have to admit that they broke the rules.  Of course they don’t; who would?  But it’s the job of reporters to hold the powerful accountable for their actions.  Yet in all the stories about this in the past four weeks since the commissioner’s report was released, I haven’t seen a single reference like “George Springer could not be reached for comment” or “Messages left asking Carlos Correa to discuss the report have not been returned.”  Am I supposed to believe that no one in all of journalism has Yuli Gurriel’s cell phone number?  The Wall Street Journal was able to contact Luhnow for its story, but not one reporter who covers the team has been able to get a player to make a not-for-attribution statement, to give us some insight to what they did and how they feel about it now?

To this point we’ve had to make do with comments from former Astros players, obtained at team-organized off-season events for their new fans.  Two weeks ago it was Dallas Keuchel who apologized without getting into details of which players did what, and yesterday former Astros pitcher Charlie Morton did the same.

…when Morton learned of the scheme his Houston teammates were using to steal signs and tip off their hitters to what pitch was coming, when he heard the actual banging on a trash can to relay the info, he didn’t say or do anything.

And that, he said Saturday in addressing the cheating scandal for the first time, is his primary remorse.

“’I was aware of the banging. … Being in the dugout you could hear it. I don’t know when it dawned on me, but you knew it was going on,” Morton said. “Personally, I regret not doing more to stop it. I don’t know what that would have entailed. I think the actions would have been somewhat extreme to stop it. That’s a hypothetical.”

Extreme because it was widespread, some of his Houston players and coaches actively participating, others complicit by allowing it to continue, all the way to a World Series championship. Extreme because it felt like more than one man could do anything about.

“I certainly have thought about it a lot because it negatively impacted the game, and people’s perception of the game, the fans, opposing players. And that doesn’t sit well with me,” Morton, 36, said during the Rays Fan Fest at Tropicana Field. “Where I was at the time, I don’t know where I was.

“Because what’s wrong is wrong. And I’ll never be absolved of that.”

A couple of weeks ago Astros owner Jim Crane had this to say about the fact that his players had yet to speak on the subject of having cheated, and of being caught at it, and of costing their manager his job:

“A couple of guys that have been interviewed, they’ve been holding back a little bit,” Crane said. “We need to get them a little more time to get together in spring training. Everybody’s split up (geographically).”

(Note: there appears to be no technology available that would let all the Astros players in their various locations have a real-time conversation; that might be worth investigating.)

“It’s a team. We’re going to sit in a room and talk about it and then we’re going to come out and address the press — all of them will address the press — either as a group or individually. Quite frankly, we’ll apologize for what happened, ask forgiveness and move forward.”

OK…Astros pitchers and catchers report on Tuesday, the rest of the players are due one week from today.  We’ll see.

ESPN: The Worldwide Sellout

Pat Ryan 1 Comment

A blind man can see that the self-proclaimed Worldwide Leader in Sports is no giant of journalism, but the hype-pool of Super Bowl week is no excuse for the eyewash ESPN put out yesterday masquerading as an Earth-moving event of epic proportion.  It was pathetic; it was sad; and it goes to the heart of my belief that many in the news media compromise their integrity every day in covering sports stories, giving control over what they ask and what they publish to the players and the teams.

Loads of reporters have wanted to interview Indianapolis Colts quarterback Peyton Manning, whose great career came to an unexpected (and perhaps only temporary) stop when he missed this entire season recovering from neck surgeries.  They’ve especially wanted to talk to him since (1) his contract is expiring and everyone wonders if he’ll come back to play with the Colts, or if the team will drop him to save money and use the first pick in the upcoming draft to secure his successor, (2) the Super Bowl is being played in Indianapolis on Sunday, (3) Manning’s brother Eli, the quarterback of the New York Football Giants, is playing in this year’s big game, and (4) anything new to report on would be a blessing.

They’ve all wanted the Big Get, but Peyton Manning has declined the offers, which is his right, until yesterday, when he agreed to an interview with ESPN’s Trey Wingo.  But you and me, the great unwashed American tee wee viewer, we had to be sharp to notice that the interview was arranged through the good offices of Gatorade, which granted ESPN access to its spokesman Manning so he could talk about a Gatorade promotional event.  As such, Gatorade leveraged its position to turn a “news” interview with a hard-to-get person at a time when he’s even more in the news than normal into a commercial for Gatorade (Manning was interviewed with Gatorade bottles lined up behind him, for crying out loud!); as a business with a product to promote, that’s Gatorade’s right.

But it only works when ESPN agrees to the charade.  Check out the interview, parts 1 and 2.  I give Wingo credit for repeatedly trying to get Manning to talk about his injury, his unfortunate public disagreement with his team’s owner, and his contract situation, all things that Manning didn’timage want to discuss—all the reasons why he hadn’t been talking to anyone lately.  As for Manning—and this is particularly true in part 2—I give him credit for not straying from his intended topics.  But for a guy who is so good on camera in so many commercials and interviews, and when he hosted “Saturday Night Live,” I thought he looked uneasy throughout, as if he were seated on something not flat or soft.  When you think about it, that isn’t surprising for a guy who agreed to be interviewed but knew he wasn’t going to be responsive to most of the questions.  I’m not the only one he thought that the very camera-friendly Manning looked uncomfortable in this “interview.”

I’m not saying you can’t do an interview arranged by a press agent or a corporate sponsor, but if you put yourself out to the public as an independent journalistic voice then you don’t roll over (insert inappropriate sexual metaphor here, if desired) and let the flaks have their way with you.  This interview wasn’t live to air—ESPN had the time, and every right, to edit it as they saw fit before airing it, or not to air the damn thing at all if they determined that it wasn’t newsworthy.  What they aired was an embarrassment…or should be.

And then I think about Newt Gingrich, and the traction he’s getting complaining about presumptuous reporters asking uncomfortable questions during campaign debates.  (Jack Shafer takes him to task for pouting and blaming journalists.)  Gingrich is smart enough to know that asking hard questions is what reporters are supposed to do, and also smart enough to know that a lot of people will find him brave for “standing up to” the hated left wing liberal news media.

Remember, most people don’t see any substantive difference between the reporters covering the candidates for president and the reporters covering high school football.  When those people see that “the media” is willing to surrender control of the content of an interview and allow a pro football quarterback to hawk a promotion put on by his sports drink company but conspicuously refuse to answer any question of substance, we shouldn’t be surprised when they think it’s inappropriate “gotcha” journalism for reporters to ask a pointed question of a candidate for president.  And we sure as hell shouldn’t be surprised when the candidate exploits those feelings for his own benefit.

Thank you, Worldwide Leader, for your contribution to journalism education—the bad example.

Joe didn’t do anything wrong? Oh yeah, he did

Pat Ryan Leave a comment

The fact that he is who he is, and that he did what he did, makes it even worse than it already is.

For most of us who are not in western Pennsylvania, this came out of the blue last week: a grand jury indicted a former Penn State University football coach on accusations he sexually assaulted young boys.  When I first saw the story in the paper last weekend, and read that head coach Joe Paterno had been told by an eyewitness that Jerry Sandusky assaulted a young boy in the shower and Paterno had relayed the information to his immediate superior but done nothing else about it, I felt like he should have done more.  But then I turned the page, because I don’t care about college football or Penn State, and because I didn’t want to really think about what was actually going on here.  Shame on me.

By Wednesday, the winningest coach in major college football history had been fired by his university, but he was not the only person in Happy Valley shamed by the incident.  Far from it.  More’s the pity.

Sandusky, the long-time Penn State assistant coach who gets a lot of the credit for the team’s history of turning out great defensive players—especially linebackers—stands accused of being a serial pedophile, of sexually assaulting at least eight boys over a 15 year period.  He also founded a charitable organization called The Second Mile in 1997, which provided services to children in need.

One of the saddest ironies of the sexual abuse charges against Sandusky that stunned and sickened the nation last weekend is that if the allegations that he assaulted eight boys over a 15-year period are true, he may have been allowed to prey on those children in large part because no one at Penn State would go that second mile for his victims.

Sports Illustrated’s Phil Taylor is one of many who’ve made the point: where the hell were all the adults at Penn State who should have done something about this?  I’ll tell you where—they were all busy protecting a wealthy university and its vaunted football program and its reputation, for surely those things were more important than the lives, and the futures, of pre-teenaged children whose parents had turned to Penn State for help.  What is Sandusky accused of doing?  McClatchy summarizes the timeline here, and it shows just how many people at Penn State didn’t stand up for these kids.

Sandusky was cashed out as the team’s defensive coordinator after admitting to having showered with a 10 year old boy, but the school and the coach only took his job away—Sandusky was allowed to keep using university facilities for his charity’s activities.

In 2000 a janitor saw Sandusky having sex with a young boy in a campus football building and told his supervisor, but neither of them called the police.

In 2002 a graduate assistant (a former player; a grown man) saw Sandusky having sex with a young boy and did not do anything to stop the assault that was going on right in front of his eyes; he did not call the police, not even the university police; he went home and called his own father and asked what he should do; and it wasn’t until the next day that he told Paterno what he’d seen.  Paterno told the athletic director, and left it at that.  About this time, school officials told Sandusky not to bring children to the campus any more, although he himself still used the facilities.

Paterno made a lot of his reputation for insisting that Penn State was different from other big college football programs, that Penn State did things the right way—it followed the rules, it graduated its student athletes, and it was successful on the field.  Bull.  Despite the high graduation rate and the championships and the bowl games, we now know that Penn State was just as sleazy as any other program.  Maybe more so.  Ohio State’s in trouble for its players selling equipment to get discounts on their tattoos; Miami is in trouble (again) over impermissible benefits given to players by a booster.  But no one else is in the news for making the conscious decision to protect their own ass by turning a blind eye to the alleged child rapist in their midst.  For years.

Where was the “Hey, you can’t do that” reaction the first time someone saw this man naked with a child?  Where was the unconscious and visceral “stop that” response?  Where was the call to the cops?  Where is the humanity?

Yesterday, Penn State played its first football game in the post-Paterno era.  It lost the game.  But the university community may have taken the first baby steps to recognizing what’s important in life, certainly more important than a university’s bruised ego or loss of financial support.

"It felt like we all banded together. And it wasn’t just about football," said Melissa Basinger, a 2005 Penn State grad who made the trip from Charlotte, N.C. "It was about coming together as a school, and showing the country, world or whatever that this does not define who we are."

We’ll see.

Pompous is funny—Fox News proves it

Pat Ryan Leave a comment

Talk about looking for excuse to pile on!  Fox News Channel found one and did, and Jon Stewart was there to skewer them.

On last night’s The Daily Show Stewart used the coverage of a recent contretemps involving NASA (full disclosure: I work for a NASA contractor) to ridicule Fox’s anti-anything-Obama  attitude and its religious intolerance.

Yeah, yeah, I know, “We report, you decide,” and the news shows versus the opinion shows, but still…(and don’t bail out before he cracks America’s News Mommy, too.)

image

I once thought Fox just hoped the rest of us weren’t paying attention, but now I realize they don’t care about that.  They have faith, my friends—faith that eventually, each of us loyal, God-fearing, right-thinking Americans will come around and agree with them, and the lack of fairness and balance won’t matter.  In the meantime, cha-ching!

(All in all, sort of the same attitude that ESPN has, as demonstrated by having finally put their last shard of editorial integrity into a blind trust.)