For years, I have criticized those who have called for increased censorship on the Internet, including regulation of political speech by companies like Facebook and Twitter. There is a legitimate debate over the continued use of Section 230 of the Communications Decency Act by these companies when they are engaged in such censorship (and alleged viewpoint bias). However, President Donald Trump’s call for Twitter to take down a parody of Senate Majority Leader Mitch McConnell is wrong on a number of levels. It would only fuel the erosion of free speech on the Internet in curtailing political commentary. Continue reading “No, Twitter Should Not Take Down The McConnell Parody”
Category: Media
Below is my column in the Hill newspaper on the recent controversy surrounding The Atlantic article on alleged comments by President Donald Trump disparaging veterans and war dead buried at Aisne-Marne American Cemetery. I have been highly critical of President Trump response, particularly his calling for the firing of a Fox reporter for confirming elements of the story. In truth, Fox did not confirm that Trump called the dead buried at the French cemetery “losers” and “suckers.” Indeed, Fox reporter Jennifer Griffin said today that her source did not hear those references to those buried at the cemetery. However, there are sources that have said that Trump used such terms to describe Vietnam veterans. Conversely, in an interview with CNN, the author of the article Editor-in-Chief Jeffrey Goldberg was confronted by strong rebuttals by various officials over the assertion that the cancellation of the Trump visit was due to his concern over his hair or a disparaging view of the fallen. When asked about documents and witnesses suggesting that the cancellation was weather related as claimed, Goldberg simply seemed to shrug and say that those accounts might be true but that Trump still holds disrespectful views of veterans. That was hardly a resounding defense of those elements of his article. Moreover, when the evidence was presented that the helicopter was grounded, Goldberg noted that the grounding is insulting to Marines who said that they can fly in any weather. However, again, that is not what the story said and it was the military that objected to flying (the issue was not that the helicopter could not fly but that it would have to fly too low for the safety of the President). The problem for many in the public is that we have lost any presumption that either the president or the press is a reliable source in such controversies. Indeed, according to polls, a majority find both untrustworthy. This is where the cost of such eroded trust are the highest. After years of lying or bias, both sides have left the public with no credible basis to know the truth in a major scandal.
Here is the column:
Republicans from Fox’s Brit Hume to GOP Rep. Adam Kinzinger(Ill.) have rushed to the defense Fox New reporter Jennifer Griffin, who was attacked by President Donald Trump for simply confirming aspects of the recent explosive story in The Atlantic. My column this weekend discussed the article alleging that Trump has spoken in disparaging terms of our veterans and war dead. Trump called for Griffin to be fired despite other news organizations also reporting that Trump has referred to veterans as “losers” and “suckers.” Trump seemed most upset by the fact that Griffin was saying that she “confirmed” the story when in fact she confirmed comments allegedly made about Vietnam veterans, not the specific alleged comment on war dead in France from World War I. That is a valid point, though likely lost on most citizens who correctly view such references to veterans of any war as vile and disgraceful. Moreover, it is outrageous for a president to call for a respected reporter to be fired for doing her job. Yet, what is most striking is how, again, Trump’s attacks only magnify the attention and damage of the story.
Thirty years after the late D.C. Mayor Marion Barry’s famous statement, House Speaker Nancy Pelosi declared that a Salon owner set her up in an embarrassing incident where Pelosi was shown not just violating San Francisco’s pandemic laws in getting her hair done but not wearing a mask while doing it. Pelosi refused to take responsibility for the violation (including the failure to wear a mask) and, in the tape below, only took responsibility to “failing for a set up.” She added “I think that this salon owes me an apology, for setting me up.” The Salon owner, Erica Kious, has stated that she expects to close eSalon after receiving a torrent of death threats and hostile massages after Pelosi’s allegation. The question is whether she could actually sue for defamation. Continue reading “Set Up or Slander: Did Pelosi Defame A Salon Owner?”
We have previously discussed how some media organizations told their journalists not to call violence after the death of George Floyd “riots,” including the recently much mocked headline of CNN calling the looting and violence in Kenosha “fiery but mostly peaceful.” Now, Chris Cillizza, an editor-at-large for CNN, is under fire for criticizing President Donald Trump for labeling the violence in places like Kenoska as “riots.” Critics have noted that the picture posted by Cillizza with his tweet shows a building engulfed in flames. Lawyers notoriously parse terms in ways that often deny their obvious meaning but this effort by some in the media would make a Philadelphia lawyer blush.
Sarah Palin is about to get all mavericky in court. Indeed, the former Alaskan governor and vice presidential candidate just might be making new law in the area of defamation. Palin’s won a major victory in a decision by Judge Jed S. Rakoff, who ruled that she could go to trial o a particularly outrageous editorial by The New York Times in June 2017. The editorial suggested that she inspired or incited Jared Loughner’s 2011 shooting of then-U.S. Rep. Gabrielle Giffords, D-Ariz. The case also involves a curious twist due to the involvement of James Bennet, who resigned in the recent controversy over an editorial by Sen. Tom Cotton. I supported Bennet’s decision to publish that editorial and denounced the cringing apology of the Times after a backlash.
Recently, we discussed a bizarre attack by CNN Legal Analyst and Yale lecturer Asha Rangappa on former Ambassador Nikki Haley for using her middle name. Rangappa declared that the use of “Nikki” rather than her real first name was proof that America is racist and Haley was yielding to it. Nikki however is Haley’s legal middle name and the Hill’s Saagar Enjeti noted it is “a Punjabi name.” Moreover, Rangappa also uses her middle name as have leaders from Mitch Romney to Boris Johnson. Now Rangappa is under fire for doxxing a young intern who wrote Yale about the incident. Twitter took down Rangappa’s tweet and the CNN Analyst then suggested that the doxxing incident was fun. Continue reading “CNN Analyst and Yale Lecturer Asha Rangappa Under Fire For Doxxing A Journalism Intern” 
Yesterday, we discussed the personal attacks against speakers at the Republican National Convention by CNN analysts, including a false attack on former U.N. Ambassador Nikki Haley. The concern is the increasingly personal attacks against anyone who seems to counter a narrative in the media. That adherence of a story line was evident in a much ridiculed graphic from last night where CNN national correspondent’s Omar Jimenez was reporting live from Kenosha, Wis. with a raging fire in the background over a chyron reading, “FIERY BUT MOSTLY PEACEFUL PROTESTS AFTER POLICE SHOOTING.” Not to get “all mavericky,” but claiming these protests are “fiery [but] peaceful” seems a tad oxymoronic.
Continue reading “CNN Criticized For “Fiery But Mostly Peaceful” Reporting On Violent Protests”
We have previously discussed the case of former Covington Catholic High School student Nick Sandmann who was repeatedly and falsely called a racist in an encounter with a Native American activist in front of the Lincoln Memorial. Various media organizations have apologized or settled cases with Sandmann for their unfair coverage, including CNN. However, when Sandmann spoke at the Republic National Convention, CNN’s political analyst Joe Lockhart again attacked him personally after he criticized how the media got the story wrong. CNN’s Jeff Yang also attacked the teenager and even suggested that his speech proved that he was not innocent. Fellow CNN analyst Asha Rangappa attacked former United Nations Ambassador Nikki Haley as yielding to a racist America for not using what Rangappa suggested was her real name as opposed to “Nikki.” It turns out that Nikki is her lawful middle name and the Hill’s Saagar Enjeti noted it is “a Punjabi name.” That however is an appeal to reason not rage which seems to have little place in our national discourse or media coverage.
Continue reading “CNN Analysts Unleash Personal Attacks On RNC Speakers In Twitter Storm”
The media coverage of the scandal involving Liberty University President Jerry Falwell Jr. has been overwhelming. That is to be expected. An evangelical figure leaves his post at a religious university after a photo with his pants unzipped on a yacht owned by a Nascar mogul who received lucrative deals with the university. Then came the allegations of Giancarlo Granda that he had a long time sexual relationship with Falwell’s wife Becki and Rev. Falwell liked to watch the sexual trysts. Falwell has alleged that Granda was extorting money. Michael Cohen, the thuggish former counsel for President Donald Trump, is even involved. In this tsunami of coverage, the interesting element is the one that is missing: no one has threatened a defamation action. Such a lawsuit could raise some interesting issues under the common law. Continue reading “The Falwell Fiasco and the Curious Absence of a Defamation Lawsuit”
We previously discussed whether the niece of President Donald Trump, Mary Trump, committed defamation in her recent tell-all book with a passage claiming that President Trump used a surrogate to take his SAT exam to gain entrance to the Penn’s Wharton School. Mary Trump has been hit by criticism that the person identified as fraudulently taking the test had not even met Donald Trump until after he started taking classes at Penn, according to his widow. In response, Mary Trump released a secret recording of President Donald Trump’s sister, retired federal judge Maryanne Trump Barry (left), The recording does contain the allegation and the question is whether it is enough legally if indeed the story was false. Continue reading “Mary Trump Releases Recording Of Trump Sister As Source For SAT Allegation” 
Below is my column in the Hill on the announced criminal plea by former FBI lawyer Kevin Clinesmith and the continued calls by Democratic leaders to end the John Durham investigation. This week I discussed the call of Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, for DOJ lawyers to refuse to help in the investigation despite his own conflict of interest. When the Clinesmith plea was announced, Weissmann proceeded to deride the charge and make spurious legal and factual claims about its basis. The Weissmann call for DOJ lawyers to hinder this investigation is unprofessional and unwarranted but hardly uncommon in this rage-filled environment.
Here is the column: Continue reading ““Gosh Almighty”: Democrats Call to End Durham Investigation Despite Proven Criminal Conduct”
I recently wrote a column concerning a pattern of willful blindness by the media as new evidence emerges of serious wrongdoing by the FBI in the origin and continuation of the Russian collusion investigation. The latest information comes from the Senate Intelligence Committee which released a declassified briefing report to the Senate Intelligence Committee in 2018 on the Steele dossier’s Primary Sub-source. It is hard to read the document linked below and not conclude that the FBI misled the Congress on the subject. This occurred after the FBI misled the FISA court, including the submission of falsified documents to continue the surveillance.
I was recently called by the Philadelphia Inquirer on a fact check of Sen. Bob Casey (D., Pa.) claim that officers in Portland of “kidnapping and holding citizens without charges.” I explained that the common hyperbolic claim of kidnapping is legally unfounded. The newspaper still found that Casey was “mostly right.” This is why I believe he was wrong. He was not alone however in his judgment.Continue reading “No, Sen. Casey Calling Police Kidnappers Is Not “Mostly Right””
For years, we have been discussing the rapid loss of objectivity and neutrality in the media where most viewers no longer trust what they read or hear. Various cable networks and newspapers have openly embraced the echo-journalist model, including the shocking actions of the New York Times recently to apologize for publishing a dissenting view of the protests by the U.S. Senator. Figures like CNN’s Jeff Zucker have openly abandoned any semblance of objectivity to seek ratings from viewers who only want to see and hear news that confirms their political preferences. This week, a leading producer at MSNBC became the latest journalist to quit due to the pressure to shape coverage to such bias. I testified in the Senate yesterday of this trend as part of the erosion of free speech in the United States. Now a Gallup poll has confirmed what these owners and editors have done to journalism in the United States. Almost half of those polled said that they viewed media as “very biased.” Continue reading “Gallup: Almost Three-Fourths Of Americans View Media As Too Biased”