OutFOXed or smarter than one?

In an editorial tip-of-the-hat to its generally conservative audience, the self-proclaimed fair and balanced FOX network has built a lineup of high profile, high-powered anchors and contributors, including former governors Mike Huckabee (R-Arkansas) and Sarah Pallin (R-Alaska) among others. It has been an effective strategy that has been coined “talk radio right” and remains largely popular among audiences and, in turn, many advertisers.

Politico points out in today’s The Fox primary: complicated, contractual that with 4 FOX regulars now exploring the possibility of running for president in 2012, at what point does the news network have to make a choice — drop these popular talent entirely; disclose its inherent political support by providing them an unlimited, unhindered platform; assure audiences that coverage is fair and balanced regardless of political ambition or finances; or appoint an ombudsman?
Fox is already counting down the days to this November’s mid-term elections. It would be fair to assume a similar countdown clock to 2012 will be unveiled shortly after November 2, 2010… so, when is the proper time to establish some distance?
It is abundantly clear that Ms. Pallin is already campaigning for something, endorsing GOP candidates and appearing for tea party fund-raisers nationwide. Messrs. Gingrich and Huckabee routinely appear on the political circuit of speeches as they graze the chicken dinners and sample the audience’s response to their message.

Is this apparent conflict of interest a problem for FOX? To an old ethicist it would seem unseemly. How can a network cover one of its own without bias? Without criticism or the basis of impartiality? Or, can it?

But what if this is the new standard? Is FOX comfortable evolving from “Your Election HQ” to becoming the “voice of the nation network”? By covering only those it appears to favor, from Sharron Angle or Christine O’Donnell, raising awareness and money for their campaigns, is FOX also building the inside track on whatever news and politics from within those in power, those it backed, and those who are dependent on their access to the FOX mouthpiece?

So – has FOX been outFOXed as Politico might suggest, or does the network care? Do they need to? Surely the toothless FCC is in no position to do anything.
In what is an essentially changing media world has FOX simply been the first to pick and back the candidates it favors? Too Machiavellian or just plain strategic?

And what happens after the votes are cast and it is time to pay the piper?

Dog Days of August, News in the Doldrums & the Lower Manhattan Mosque

August is not usually known as a great month for news. The President is often on a vacation while Congress has abandoned Washington to return to their districts. Political campaigns are traditionally in hibernation raising money. Families are on holiday and companies generally wait to unveil new products until after Labor Day.

What little news that does occur runs the risk of being beaten to death, rehashed and regurgitated until all that remains is a little drool, spittle that eeks from the lips of pundits and prognosticators, and a second tier of opinion-makers who are not-so-important that they could take vacation lest they might miss their only chance of the year to be quoted.

August news stories have the same foul odor of rotting food left out in the hot sun… stories that stretch on for weeks… when senior executives abandon NYC for the Hampton’s or the Cape leaving more junior news people in charge who embrace, indeed flog same ol’ stories for days and days.  It is so much safer to go with a 2nd, 3rd or 15th day lead than chart a new course or find something more compelling when what’s old and loud can be resuscitated for another lead.

Last August coverage focused on the proposed death panels associated with health care reform.  Stop – if just for a moment – is it really credible that the United States government would propose death panels for its citizens as a matter of public policy?  Does that Mengele-esque concept pass the credulity test?

This August we have the Manhattan mosque.  In a year’s time, with reflection, will this be about a proposed building or rather the question was this suggested mosque about actually building it, or merely asking for permission?  Was the media, in turn much of the public, played by the question – what if we said, “No”?  What if we said there wasn’t the right of freedom of religion or of speech?  What if we had said that we do not honor the tenants of the Constitution, or in outright rejection made it globally clear that we were a nation where there was such repression that the US resembled a nation ruled by religious zealots and where freedoms were not respected?

The musical The Fantastics, music by Harvey Schmidt, book and lyrics by Tom Jones, a play itself about hate and bigotry capture the essence of confusion about what was really what… in a song called “Plant a Radish” they wonder about the mystery of raising children to act and do as their parents want. In a more macro version, did we sing this same chorus asking ourselves what we thought, what we wanted, and what we thought was the question, but in fact, we missed it?

In Washington you usually don’t challenge some one’s plan but rather their motives, that is, you seek to find out the why a particular individual supporting a law or idea is gaining credence and destroy him or her instead of attacking the issue directly.  Here that old standard seems to have been turned on its head… instead of attacking the motives of those responsible we have attacked the plan itself.  The mosque, whether a single room as part of a larger community center, in many ways a Muslim equivalent of a YMCA, is not the issue as much as its proponents wanted to place the question, a challenge, in front of the American people.

Are we truly as good as we would have ourselves believe?  Did we get played by the media, many of whom went into swirl mode trying to breathe life into an emotional reaction instead of looking at what may lie beneath the noise?

And just in passing, supposing this mosque is approved and construction money can be obtained… does any one really expect the trade unions to willingly join in the building process?  Will steel arrive as planned?  Or other building supplies and  crafts people?  Will the NY Fire Department expeditiously sign off on permits and licenses?  In New York, a city renown for its distinct reactions, does any one think this building has a serious expectation of any completion?

This wasn’t about a building, this was about the American process.  Welcome to another August; September begins in just two more weeks.

Good Sex or just a Tawdry Affair? The consequences of broadcasting and political activism sharing a bed

Do audiences appreciate this new symbiotic relationship between news and bias, news and punditry and opinion? Is this a natural growth progression of a huge network’s business covering the news, and how is it possible that this does not cross journalist lines of independence when its social media component strives to become a politically charged entity, something that actively promotes further national division and societal discord?

Fox Nation, another expansion of the powerful FOX brand, promotes itself as a site where all opinions are welcome, although the predominant voices seem to be believers in a conservative political philosophy punctuated by anti-administration diatribe, fear mongering and occasional bigotry.   This is social media, and one does not have to listen long to Fox Radio to hear promotions for this affinity site — listen to us and if you believe in what you’re hearing, you’ll want to join the discussion at Fox Nation.

But the question is when does fair and balanced news reporting become the bulwark of a political affinity group?  It’s not whether this is good, or ethical under some sort of academic standard alone, but is the audience being served (happily) or misused?

It is an honest question for debate for it is changing the way people in this country see, listen, hear and relate to their news. Not so many years ago the major networks were all pretty much the same – bland and apolitical. Owners under the rules of the FCC stuck to rules governing fairness, standards and practices. That’s long over.

Do audiences appreciate this new symbiotic relationship between news and bias, news and punditry and opinion? Is this a natural growth progression of a huge network’s business covering the news, and how is it possible that this does not cross journalist lines of independence when its social media component strives to become a politically charged entity, something that actively promotes further national division and societal discord?

Just as the cablers seem to be in a race to carve out their space along the political spectrum, FOX representing talk-radio-right and MSNBC securing its place as talk-radio-left, there seems to be a new phenomenon of converting audiences into political armies.  Fox Radio is now heard soliciting its listeners to join the “Fox Nation” in order to be a more effective force for change.

What’s different is the blurred line between reporting the news, especially if it purports regularly and routinely to be the epitome of fair and balanced as its brand, but then uses those same broadcasts to appeal directly and solely to a specific political leaning.  It seems expectable that those who register will be parsed and shared with campaigns and PACs, and there are few, if any, limits to how those individuals will be culled and contacted in the environment of social media.

Is there a line and has it been crossed?  Should a national news voice use its power to effect political change in the contemporary environment, and if so, does it need to be more clearly disclosed?  Or is it obvious?

Is it too much for a program host to attend a political rally? Or tell listeners specifically where a rally is planned? Sean Hannity has done both even encouraging his audience to attend if they share his political beliefs.  But is his show even news or is it a talk show about contemporary events? And if it is just that, then he is not subject to the long-established rules guiding journalists and journalism?

There are many who believe FOX News presenters share a conservative bias.  There are even sites which are hyper-critical of Fox News, notably Media Matters which catalogues what it perceives to be daily examples of misreporting and misinformation. In fairness to Fox News and its president Roger Ailes, FOX does draw a line between its news presenters and talk show personalities.  For instance, on election nights the network’s most prominent show hosts, including Sean Hannity and Bill O’Reilly, are not utilized as anchors but rather as commentators separating fact from opinion.  It may be a thin line, but it is a line that is crossed most notably by Keith Olbermann on MSNBC who is offered to the audiences doing both dispensing news and commentary within the same program.

Fox News self-promotes itself as the “new media” and seeks to differentiate itself from all the other networks, decrying them as “mainstream” and old-fashioned, horribly out of touch with their audiences who purportedly are crying out for better reportage. FOX News is not alone; each night John Stewart and Steven Colbert do much the same – making fun of the traditional models in satire and skits.

FOX News is a brilliant, contemporary business which may understand audiences better than any of its competitors.  It has cast off the traditional model of informing and instead has grasped the higher levels of communication theory, specifically to persuade audiences to think as it does and even, at the highest level, to motivate audiences to think that they had the ideas originally.

There is an open question: when does mixing news reporting with social media cross a line of independence, when does reporting with any bias become a self-fulfilling prophecy? Is it OK for established news casts? What about for an organization without a formal news organization, for instance Google, which is offering corporate customers the opportunity to advertise on programs specifically created about their business and its audience appeal? Is that news? Is that propaganda? And once you start producing custom content for a specific purpose, business or government, when does it end, and how will the audience recognize the difference?  When does currying to an audience go too far?

The issue is – if that happens, then they will cover only news that interests their audience, or that their audience already believes in?  What happens to other  viewpoints and under-served communities? Will those voices be hear or be subjected to ridicule? Is that a danger today with FOX Nation – where it says all opinions are welcomed… but are they?

The question is simply this — other than in paid and disclosed advertising, should the cable airwaves or the public channels be used to actively promote a political party or belief? Does the audience care, should they? Should we care on their behalf? On that last question alone I believe the answer is an absolute Yes!

Civic Journalism a la francais

Video of a forced eviction of an African immigrant from a makeshift tent camp near Paris is causing alarm and stirring debate among politicians in France.  The video was shot on July 21 by an observer from a group called Right to Housing and has aired on CNN as well as the French cable news site France24. It clearly shows police carrying a pregnant woman using what many critics say is excessive force, but beyond that what makes it noteworthy is that the video has been screened online more than 300,000 times!

Under laws in 3 states here recording video of police in action is now illegal Use a Camera Go to Jail. It is interesting to note that state of alarm generated by these pictures in France and one cannot help but think of other US-based incidents, such as Rodney King in Los Angeles, stories that would never have come to the public’s attention had it not been for private citizens having the courage to capture video of police transgressions.

It fuels the debate over the public’s right to monitor their public servants; cameras in the hands of civic journalists has long been a global occurence whether in France or Nepal or Iran, and efforts by law enforcement and politicians here to thwart this are at odds with a free and open society.

A Congressman’s Speech Goes Viral! Imagine media coverage of compelling national debate and dialogue? If only…

Let’s face it, congressional speeches rank pretty low on the media’s food chart of what New York based executives think American audiences care about.  While there is still beat coverage on Capitol Hill, few speeches seem to make it on network radio or TV, and except for CSPAN, there is precious little video coverage of what’s said in the well of the House and Senate. What little is said is reduced to snippets of sound and not substantive blocks or speeches.

That’s what makes Rep. Anthony Weiner’s (D-NY) Thursday remarks about funding medical coverage for first responders to 9/11 all the more surprising.  His passionate speech, some will call it angry and emotional, was aired on both morning and evening newscasts Friday.  ABC’s World News Tonight treated it as a stand alone sound bite while NBC Nightly News incorporated it into a larger story.  But 48 hours after his remarks, by midday Saturday, the speech was watched almost 500,000 times on You Tube alone.

This poses the question – was it because he was emotional or did it merely tap the emotional third rail represented by 9/11?  Was that passion unusual for the House?  Online coverage Congressman Anthony Weiner gets loud, calls out GOP for 9/11 health bill made reference to Weiner as a modern day Mr. Smith, a modern day James Stewart, the incarnate member of the Congress, imbued with passion and commitment and oratory.

From my perspective I wonder whether there is a greater-than-imagined appetite for stirring oratory?  I wonder if the American media might steal a page from British coverage of Parliament, for instance Prime Minister’s Question Time,  where there has always been greater attention paid to the spoken word and disagreement.

No doubt the overwhelming amount of live coverage from Congress, as well as state houses and local elected offices and boards, is dismal – stiff, formal, impersonal and quite often less than articulate. But it it refreshing to see and hear compelling speeches. And judging from the response to Representative Weiner, networks ought to take note that the public does feel well-served when they can hear and see for themselves.

On the face of this it is a risk of producing “boring” TV. Or is it?

Anna Nicole Smith’s trial raises troubling questions about court managed media

The trial of Anna Nicole Smith’s boyfriend and her doctors in Los Angeles hasn’t yet begun and already it has raised interesting questions about the way courts try to manage high profile trials and the media.

Los Angeles County Superior Judge Robert Perry has announced he will root out stealth jurors who seek personal gain from jury service on this celebrity trial; he will cross check jurors for any criminal behavior they omit during voir dire, and he will allow attorneys questioning of prospective juror’s personal drug history, legal and illicit, even asking what prescription medicines they take.  That seems to be a trifecta for a very ambitious inquiry into juror’s behaviors, their present and past and poses the question, who is protecting the juror’s rights?

This is a trial which has already attracted considerable media interest.  But long after the trial has concluded, what happens to the information acquired by the court about both the legal use of medications or of drug abuse that’s put on the public record in terms of juror’s rights, their long-term ability to buy health insurance among other privacy concerns. To his credit Judge Perry has said he will release jurors who don’t want to be questioned about their personal histories before the court, but even that raises questions of doubt, to wit: Why not? What are they hiding?  This is a slippery slope where what is said, or not said, could become grounds for future decisions, some perhaps even individually harmful?

And there are the media concerns.

Associated Press Special Correspondent Linda Deutsch filed this about jury qualification on Thursday, “Perry plans to keep the names of jurors secret from lawyers, who complained that would make it impossible to track whether they were blogging or reporting on the trial via social networking websites.  The judge agreed to ask prospects if they have blogs or social media accounts. He also intends to ask his staff to check periodically to make sure jurors are not blogging about the case.”

It is evidence of a growing sophistication of courts about what jurors are doing both live and at home, sending tweets, doing extra research, and communicating in forums.  It also sends a certain chill in that judges traditionally admonish jurors not to discuss the case, but this could be a first where the court has announced  if it will take an aggressive, even proactive approach scanning for what it would define as inappropriate or extra curricular comment.

Perhaps most amusing was the judge’s awareness of the celebrity gossip site TMZ.com.  In an exchange with Los Angeles County Deputy District Attorney Renee Rose Judge Perry refused to grant a gag order while admonishing her that he was unsealing many of her motions. In an exchange reported by Deutsch, the Judge suggests he has already reached some conclusions, dare I say judgments about the caliber of media reportage and coverage, “I don’t think you should file under seal just because you don’t want the media to see it,” Perry said.
The prosecutor protested, “Everything I file ends up on TMZ,” Rose said.
“Who cares?” said the judge.
“Our jury pool is out there,” said the prosecutor.
“Do we even want people who watch TMZ on the jury?” asked the judge.
“We’re going to get them,” Rose said.
“I hope not,” said the judge.”

His judicious assessment of the quality and effect of tabloid television and its often salacious approach to celebrity coverage is justifiably troubling to courts.  The judge has decided to exclude cameras in court because, according to the Deutsch report, “he believes they are a negative influence and help create a “carnival atmosphere. “The problem with celebrity trials is it has a tendency to bring out kooks, frankly,” the judge said.” As if the presence of TMZ and the scores of global media encamped at his court-house door are not already sufficient to bring on the entertainment.

It doesn’t set a precedent; too many trials from Scott Peterson to Michael Jackson have been closed to cameras when, after the fact, attorneys in both cases revealed they would have preferred cameras  to assure better and more accurate reporting rather than what transpired when cameras were excluded.

While the temptation to request a bag of popcorn and watch the passing parade is almost irresistable, the questions raised both by limiting the media and unlimited questioning of the jury is troubling with long-lasting implications.

Except for Deutsch, as usual, we’re not hearing much about these issues in the media.  That raises the question, what has happened to the in-depth view, the coverage of the process of a case and not just its headlines and the scurrilous descriptions of the scoundrels in the case?

Ms. Smith died of a drug overdose in 2007; The defendants Dr. Khristine Eroshevich, Dr. Sanjeep Kapoor, and Smith’s former lawyer-boyfriend Howard K. Stern are charged only with conspiracy to provide drugs and not charged with causing her death.

Disclaimer – I was the pool producer for both the People of the State of California against Scott Peterson and against Michael Jackson.  I am also a friend of Ms. Deutsch.

Make comments and engage in a dialogue.  Silence is ominous and yields nothing toward improving the media.

When there is no media watchdog the public gets screwed

In Bell, California, population just 40,000, a bedroom suburb of Los Angeles there is no media watchdog.
Perhaps that’s why the city’s Chief Administrative Office who began in 1993 at a salary of $72,000 a year was given successive raises to bloat his 2010 salary to $787,637 dollars a year! By contrast President Obama’s salary is just $400,000.

No one noticed. No one reported it. The public was screwed.

In Bell where 1 in 6 residents lives below the poverty line the Los Angeles Times discovered Is a city manager worth $800,000 a year? the Assistant City Manager made $376,288 a year, the mayor and three of four part-time officials made $90,000 and $100,000 a year, and the city police chief earned $457,000. The city police force has 50 officers, by comparison, Los Angeles Police Chief Charlie Beck is paid $307,000 to manage a force of 1,300.

No local paper or radio reports on Bell. There is no daily newspaper. TV rarely covers Bell except for a traffic accident or helicopter chase on the freeways, episodic events that have little impact and only passing interest.

Few people obviously paid sufficient attention. I suppose they trusted their officials would behave responsibly and do the right thing, not rape the city treasury and the public’s faith. They were too busy working, living, being with their families – there was no one from the media to keep the officials honest – covering routine hearings, meetings, budget drafts… the pick and shovel work, what used to be called shoe leather of local reporters.

An Associated Press story on the city’s situation captured this quote, “This is America and everything should be transparent,” plumber and longtime Bell resident Ralph Macias said.”

The AP’s story continued, “By law, the council would have had to approve the contracts in an open session, but several residents complained that officials are loathe to explain what they are doing and quick to race through matters at public meetings with little discussion.”

But no one was there to notice.

And that’s what happens when you cut the media, cut reporters, look to savings the can be accrued by off-shoring local reporting to writers in other countries, even as far away as India who watch local meetings online and seek to synthesize what really occurred?

Some will call this the “new media.” I do not think it is much to crow about.

Political Accountability – Politicians, the Press & the Public

Covering political events as if collecting box top coupons on the way to election day is not the same as doing a good job, of offering insight, perspective and shining the harsh editorial light to measure what is being said and not just to what is being spoken from the candidate’s lips or media machine.

Calbuzz.com has a very insightful piece The Death of Truth: eMeg and the Politics of Lying about the media holding candidates to their word, exposing contradictions, and pointing out inconsistencies.  It merits thoughtful consideration and discussion.

More from me after this clip.

“Perhaps it’s just a case of wishful nostalgia, but it seems to us that before the rise of Fox News, Rovian manipulation and the abnegation by certain people of fact-based reality, there was some sort of agreed-upon truth that was adjudicated daily by the mainstream media.

A candidate couldn’t say one thing one day — like, for example, that they were opposed to a path to citizenship for illegal immigrants — and another thing another day — like they basically agree with an opponent who favors a path to citizenship. They’d be afraid of being called a liar in the papers, and that would actually matter.

But in the California governor’s race it now appears that we are witnessing the Death of Truth. From a cosmic perspective, this has come about because:

  • The attention span of the average citizen, never very long, has been hyper-accelerated by the rise of new media, including the Internets, where something is old before it barely new — and certainly not fully digested — and everyone is off on the next new thing. Beyond that, the rise of ideologically-sated outlets like FOX and MSNBC ensures that partisans will never again have to watch something with which they disagree.
  • The lugubrious mainstream media is often strangled by self-imposed, on-the-one-hand-on-the-the-hand, false-equivalency “balance,” in part intimidated by loud, if unfounded accusations of “bias” most frequently lobbed by the right-wing. Thus the MSM at times seems unable and/or unwilling to cut through the miasma and call a lie a lie or a liar a liar. (Even Jerry Brown won’t call a spade a spade, referring instead to Meg Whitman’s “intentional, terminological inexactitude.”)
  • It’s now clear that a candidate with unlimited resources can and will blow off complaints, critiques and factual analyses of those who dare to speak up and will instead declare that the truth is whatever he or she says it is — in their paid advertising and the assertions of their mercenary prevaricators.

All of this feeds the corrosive cynicism that infects our politics, demonstrated most visibly in low voter turnout. Even among those who vote, healthy skepticism is often supplanted with a smart-ass, know-it-all facile sophistication that assumes all politicians are liars (they’re not) and that everyone in public life only wants to do well (we still believe there are some who want to do good).

Cynicism, of course, breeds further alienation and disgust, causing a downward spiral of disengagement from the process, leaving voting (and caring) to the true-believing wing-nuts who are certain they know the truth because they read or watch it at one of the ideologically-determined web sites or stations that conclusively confirms their prior held beliefs.”

Political news should not become the equivalent of a sports report of who is merely ahead in the polls, who is neck-and-neck with one another, or who staged a knockout blow; instead it is an ongoing obligation to report on every speech and nuance of the campaign trail.  It is more than reading polls to then proclaim which way the wind is blowing.  It surely demands an investment in better field reporting than to rely instead on the diatribes of pundits who spend the preponderance of their time reading about the campaign from afar, whether in Washington, Sacramento or some glass office in lieu of spending time in the crowds, at the rallies, on the charter, and in the auditoriums.

It requires a deeper, more comprehensive understanding of the campaign and editorial commitment by both the reporter in the field and editor back at headquarters lest five second soundbites from either the candidate or  supporter vs. opponent become satisfying or sufficient for knowledge.

And it does cost money, lots.  It is expensive to stay with the candidates, to ride along on the campaign, to pay for technology whether satellite trucks, transmission facilities or simply a reporter’s per diem. There is no excuse for not making this investment; there are few news events worth more than this investment that will yield comprehensive and sustained coverage of significant races. These are the game changers of our lives.

But the fact is too often even networks, the most prominent national papers, even wires shun White House charters where the cost, first class fare plus fifty percent, is deemed too expensive.  Instead reporters leap-frog ahead of the President or the candidate but miss key moments due to this financially mandated absence.  On a local level there is even less of a an investment and campaigns are covered as episodic events – here a speech there a speech, here a reaction soundbite there a counter point reaction soundbite.  Covering political events as if collecting box top coupons on the way to election day is not the same as doing a good job, of offering insight, perspective and shining the harsh editorial light to measure what is being said and not just to what is being spoken from the candidate’s lips or media machine.

Campaigns now go to greater and greater lengths to limit media access to the candidates.  Some candidates believe they can speak only to affinity-related news outlets and scorn any who are not believed to be boosters for their cause.  Campaigns spend extravagant amounts of time attacking the messengers by specific organizations and individual reporter who they believe are their enemies.

Perhaps this is all the logical outcome or expected result of the Michael Deaver inspired style to control the message, the campaign spin, the mouthpiece also known as the candidate.  Perhaps this is what happens when a need for outrageous sums of money to run a campaign become the dominant force in politics.  If the media is not present to protect their role – to fight for access – to not merely go along for the ride but instead challenge the campaign and make that ride to victory or defeat as bumpy as possible, for who else is in such a position to be as independent and challenging, then in the end the readers, the viewers, and the voters are at risk of being short-changed.

Calbuzz raises some questions about the quality of reporting to date.  The media has not always done a good job for a host of reasons, from the fact that many, experienced old hands have lost their jobs to a lack of commitment of editorial space and dollars to do the job.  And here’s the last part – readers, viewers, voters are not demanding better.  Too often they seem to settle for a diet of political pabulum, brevity and volume, all the while decrying bias whether real or perceived, and no longer recognize that us-versus-them reporting, punditry, and sheer volume is not a viable substitute for insight and knowledge.

Disclaimer – Calbuzz co-founder Jerry Roberts is a friend, and I am currently teaching a directed study program  producing content for the site.
Finally, whether you agree or not I ask that you do two things — send this link to others and leave a comment; create a dialogue or add to the thread so that others will appreciate what you have to offer.

Shut Out & Shut Down but Media Refuse to Shut Up as Public Officials Behave Badly

Preventing access as a form of censorship is a dangerous point on the slippery slope toward despotism and government gone wrong. The latest slip and slide in this direction was written last week at the Regents of the University of California meeting in San Francisco when a journalist with a camera was barred from their public event.  The Regent’s defensive argument was he didn’t have a press credential; the weakness to their argument is the press credential per se wasn’t required.  Credentialed or not  any one is entitled to make pictures at a public meeting under Bagley-Keene, a California law since 1967.
To make matters worse UC police instructed that no one was allowed to make pictures of them doing their job, in this case acting as gatekeepers to enforce a decision which was against the law. This is a chilling thought, one I wrote about on June 9th “Use a Camera, Go to Jail” as it seems many jurisdictions are increasingly less interested in public scrutiny of their work than ever before.

From Saturday’s San Francisco Chronicle, UC Regents baring of filmmaker draws protest “State law is clear – any member of the public has a right to film and record public meetings of state bodies,” Sen. Leland Yee, D-San Francisco, wrote to UC President Mark Yudof.

Yee, who chairs the Senate’s committee on Public Records and Open Meeting Laws, asked Yudof to explain not only why filmmaker Ric Chavez was barred from taking his video camera into the meeting, but why UC policy – which makes no provision for the public’s right to film public meetings – “is in complete contradiction to state law.”

This isn’t the first time I’ve heard of the UC system being difficult toward news coverage. A Santa Barbara based cameraman has written to me about the UC campus there requiring fees for news coverage and offering limited access. This is a public school open to the world which needs to be reminded that coverage of news stories doesn’t come at the point of a pen writing a check.

What happens when something really serious happens… will institutions first ask who’s there to cover it, what their intentions are, their motives?  Perhaps they’d like to see examples of prior work?  How much will be required and how far back would they like to review? Should a network include coverage of the student massacre at Kent State? How about carnage at Virginia Tech?  Neither of those stories is likely to sway an administration’s decision toward openness?  UC Regents would be hard pressed to review the free speech movement at Sproul Hall at UCBerkeley – ah the halcyon days of tear gas in the plaza and riot-helmeted cops in the hallways when the sound of clicking handcuffs rivaled that of chalk on blackboards.

Organizations – public institutions – nor their officials should not be allowed to use access as a guarantee against positive or negative coverage, scrutiny or assessment by the citizenry of the quality of their work and the decisions they make.  It just isn’t a model which protects our right to know, the right to cover, and the rights of all of us to measure and monitor the government we pay for.

Who should decide – at an institutional level – what deserves coverage and what could be potentially embarrassing or liable? Maybe in spite of the open meeting law Regents and others can impound cameras, take away note books and recorders. Hey, why not just go into hiding entirely, star chambers and executive session.

But this is happening… more and more often.  This is distressing. This is dangerous

Public places – San Francisco’s Ferry Terminal, the passenger piers at San Francisco International airport – both operated with public funds – use both real and rental-cops to move crews off property demanding that they have prior knowledge and approval from management.  This is the same management which uses public funds to operate these public facilities… places where any one public with or without cameras is invited… so why not news coverage?

This decision to close ranks and circle the wagons is mirrored too at the corporate level.  As an example, BP is reportedly making it most difficult to video or film their work in the gulf. Reportedly many local operations, paid for with BP funds, are off-limits to media. It seems curious that BP – already a premium member of the pillory club for the crime itself as well as the initial cover up is now making strides to become more secretive, closed, and manipulative of the media, as far as it can be based on the money it is investing to that end.
More and more often corporations are risk-adverse to speaking on camera or allowing crews in to make pictures of their operations.

We’re seeing the first draft of censorship and limits on freedom of the press.  Sadly the mainstream press has become so emaciated by cuts that there is no one left standing it seems to fight the good fight.  As a public we may not realize what we’re losing until we have lost it.

Oakland’s rage – riots or not the mood is unclear

If you were a member of the media and you anticipated potential civil disobedience, which is more news worthy… or more responsible?  A) To cover law enforcement’s preparations of an event which may or may not occur, or B) invest in a more contextual story about the economic plight and social unhappiness that may or may not be responsible for the raw nerves, frayed community relations and tensions?

If you’re watching or reading San Francisco media their choice largely appears to be A.  It remains easier to point and shoot a camera or grab the easy quote from officialdom rather than source out responsible individuals in a community which is not just under-served but largely ignored much of the time.

All of this stems from what might best be called Rodney King redux, 3 days of riots in Los Angeles after an all-white jury in Simi Valley, California acquitted four Los Angeles policemen accused of beating Mr. King following a traffic-stop.

Eighteen years later another trial, also involving a white police man and a black victim, is poised to provoke rage.  The trial of former Bay Area Rapid Transit police officer Johannes Meserhle is soon to be deliberated, and in the event that the jury finds him not guilty or not guilty of a serious enough offense, there are fears of new riots in Oakland’s streets.

The media question is what’s the best way to cover this story?  If there are riots will they simply be about justice, or the belief that the jury’s verdict was not the right result?  Or is it possible that disobedience and tumult occur because of a systematic failure to provide for a community – including well-paying jobs, better schools, economic development, and sustained community services?  To read or listen to much of the pre-coverage it would seem as if the community itself has gone mute on these issues — that if there are disturbances it will be because of justice, and not a pattern of injustice, racial profiling, harassment and other abuses, real or perceived, believed or merely assumed as truths.

And so the coverage has featured police drills.  Law enforcement is ready.  Mutual aid for emergency services has been requested and responses tallied.  All this remains the easy story.

But what about the community?  Who is demonstrating leadership?  Who is articulating what is needed or wanted within the black community, and equally important: are they being heard?  Are they even being approached?  Are they being included in the story or edited out from the earliest point, the story’s inception?  For those of us who covered the Rodney King riots we quickly learned it was not just rage at the system that acquitted the police officers.  Unhappiness had simmered for some time – over services or a lack thereof – over treatment by local Korean merchants and alleged abuses or snubs, some of which were deemed to be based on cultural perceptions.

In Oakland I have grown tired of forecasts of civil unrest.  I am particularly tired because I have yet to see anything more than a prediction of trouble,  what some one in a position of office, whether that is municipal or media, believes could happen based on history.  Wouldn’t it be interesting if the media could report and foster a dialogue because it does have the platform, knowledge and experience; because too,  once upon a time, dialogue mattered.

And what if there were no demonstrations or that they were brief and peaceful?  Then off to the next crisis du jour, a tumult of the moment, a toxic time bomb waiting to explode showering some one else with woe of the moment.