Early in October, Justice Antonin Scalia submitted to a long interview published by NY Magazine. Not surprisingly, the Justice spoke of his "originalist" views of the Constitution and his religious beliefs. I have always seen them as one and the same, a kind of fundamentalist consistency that pervades all his thinking. There is little church-state separation in Scalia's head, something manifest both on and off the bench. Scalia is also known for his transparently partisan sounding and driven opinions, his unabashed conservatism. It's easy to predict where he will come down on most cases, a sense that his opinions are formed long before the legal briefs reach his desk or are formally argued before the Court.
For sure Scalia's discourse on his devil belief drew
some attention, but what I found most revealing and troubling were his
responses to questions about where he gets his news. As to newspapers, the Justice noted just,
"...The Wall Street Journal and the Washington Times. We used to get the Washington Post, but
it just … went too far for me. I couldn’t handle it anymore." Asked why, he replied, "It was the
treatment of almost any conservative issue. It was slanted and often nasty. And, you know,
why should I get upset every morning" by what he characterized as the
"shrilly liberal". And where else does he get his news? Talk radio, most especially from "my
good friend Bill Bennett. He’s off the
air by the time I’m driving in, but I listen to him sometimes when I’m shaving.
He has a wonderful talk show. It’s very thoughtful. He has good callers. I
think they keep off stupid people."
Wow!
What's somewhat laughable about Scalia's comments is
that the papers he reads, The Journal
(certainly its editorial page) and the Washington Times might be characterized in the same way, only this time "shrilly conservative". Both assessments are probably a tad
simplistic. What's notable is that Scalia's
reading and listening is in line with what's happened to many, if not all, of
us. We tune in to the media that
reflects our views and tune out all contrary voices. Paraphrasing his words, "why should we get upset?" What's sad here is that one would hope what's
being taken in my members of our highest court, a place to which we look for objectively,
would be a larger and diverse pallet of information. If other Justices have similarly narrow
intake patterns, it may explain in part why their positions appear to be more
partisan and fixed than might have been the case in earlier days. We don't see the kind of position
transformations that characterized the careers of, for example a Hugo Black or William Brennan.
I was thinking of Scalia's interview in reading Bill
Keller's recent Times column devoted
to his extended exchange with Glen Greenwald.
Back in September, I wrote about the implications of
Jeff Bezos' $250M acquisition of The Washington
Post and specifically of the sea change in how our news was being delivered
to us. Now another tech billionaire, Pierre Omidyar (founder and chairman of
eBay), is investing an equal amount to fund a journalistic venture with, Greenwald,
who while working for The Guardian,
broke the Edward Snowden story. According
to Greenwald, the still to be launched venture will, take an, "adversarial
[view of] journalism". That is to
say, the journalists will have a declared point of view that is reflected in
their reporting.
I can't do adequate service to their exchange here,
but do recommend that you read it in full. Keller joined the Times in 1984 and had a distinguished reporting career there
culminating in an eight-year tenure as executive editor. He has been writing an opinion column since
2011. Greenwald is a journalist, blogger
and best selling author. He was a
columnist at the Guardian for two
years. He holds a law degree and has
written for many publications including the Times. Their exchange is focused on their sharply
different journalistic philosophy.
Keller, quoting media critic Jack Shafer, suggests that
Greenwald works within the framework of "partisan journalism". In contrast, he puts himself within the tradition
of journalists who, "have plenty of opinions" but set "them
aside to follow the facts — as a judge in court is supposed to set aside
prejudices to follow the law and the evidence." (Ah, Scalia)
He contends that the results "are more substantial and more
credible". Greenwald rejects this
approach. He finds "suffocating"
the "constraint on how reporters are permitted to express themselves",
which "produces a self-neutering form of journalism that becomes as
ineffectual as it is boring".
Greenwald believes reporters should disclose their point of view, not
hide it, and that the even-handed reporting required in Keller's world diminishes
the work, doesn't enhance it.
This brings me back to Scalia's news consumption and
indeed to our own. I totally understand
Greenwald's point of view and can relate especially to his suggestion that objective based reporting requires many journalists to perhaps disingenuously (and
often not successfully) hide their viewpoint, something that he says goes
against human nature and thus hurts to product.
He calls it "a false conceit" because "human beings are not
objectivity-driven machines," but..."intrinsically perceive and
process the world through subjective prisms." He sees no "...value in pretending
otherwise".
The problem is that this approach, especially
applied broadly, which is likely considering Greenwald's contention that
objective journalism is "impossible" and "ineffectual",
only reinforces that already far too selective reading/listening. So I'd suggest that his and Omidyar's
venture might be very the last thing we need in our far too divisive
society. This is not to say that some of
the journalism in Keller's camp doesn't fail to live up to its charter or
promise of objectivity. Ironically,
where it often falls short is in its effort to report all sides of a
story. Here reporters often quote
one or another view without ever challenging its accuracy or whether what's being
said is in fact only blatant propaganda.
We see this when the media pick up on politically created and slanted
nomenclature like the now routinely used Obamacare.
This sometimes rote
reporting can become particularly egregious during the heat of a political
campaign or a created crisis like we just experienced over the debt ceiling,
but it happens elsewhere. It's hard not
to read, watch or listen to news these days without encountering what seems to
be a kind of journalistic laziness, a reluctance to vet information by doing
serious due diligence or even simple homework.
Putting forth "news" as if it is "true or accurate" when
the opposite is the case does a disservice to a public that is already woefully
ill informed. In fact, such reporting
may be exactly why they are so ignorant of facts.
When the press allows
itself to be instruments and thus verifiers of partisan messaging we are in
trouble. That happens more often in
Keller's world than it should, but it's more likely to raise its ugly head in
what Greenwald proposes. When the Pentagon Papers
were published by the Times in 1971, the reporter Neil
Sheehan wasn't using them as a vehicle to express his opinion. That may well be true of Greenwald relative
to the NSA disclosures, but when the reporter is practicing "activist
journalism" objectivity comes into question. News, it seems to me should measured against
its content not by the messenger. In the
long run that works against both the reporting and the story. It's the last thing we need today in getting
our news.
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