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LawBeat watches the journalists who watch the law. It is meant to start a conversation — here and in the classroom — about the quality of journalism focusing on the justice system, lawyers and the law. All posts are by Mark Obbie unless otherwise noted. Go to this archive to read more about LawBeat's focus and to this page about what motivated its creation, and how it evolved. Go here for the 10 Deadliest Sins of Legal Reporting post. And go here for blanket disclosure of Obbie's conflicts of interest.
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Tracking the "Janklow 36" in South Dakota
Argus Leader
Sat, May 03, 2008
Are early prison release programs safe? That's the question that the Sioux Falls, S.D., Argus Leader assigned 10 reporters to answer by tracing what happened to 36 South Dakota prison inmates released en masse 22 years ago -- the so-called "Janklow 36," named for the governor who commuted the sentences. The paper explains:

The germ for the "Janklow 36" series emerged as a reporter was scanning microfilm copies of the Argus Leader from 1986 while doing research on another topic.

A story about Gov. Bill Janklow releasing a group of inmates - telling them never to return to South Dakota - caught his eye. At the time, the early release of inmates was a discussion beginning in other states that were struggling with bloated corrections budgets and prison populations. It might be good to see how that option worked in South Dakota, he thought, and what happened to those prisoners.

Led by reporters Steve Young and Matthew Gruchow, the paper reported last Sunday that the governor's action endangered South Dakotans and others because so many of the inmates committed new crimes, including a rape. How many were recidivists? The paper doesn't make that fact easy to find, though in part that's tied to another key finding of the reporting: the state's threat to the inmates to leave the state and sin no more was a "big bluff," because it then had no system to track the inmates and enforce the rules.

It's a worthy project, providing a database on each of the 36 former inmates (some of whom gone on to be productive citizens, by the way) and multiple sidebars on the inmates, their victims, and the policy implications of early release in South Dakota and elsewhere.
Posted at 10:21 AM
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A "poisonous tree" grows in Iowa
Cedar Rapids Gazette
Sat, May 03, 2008
Here's another small-market crime-reporting investigation of note: "Fruit of the Poisonous Tree," a two-week series ending today in the Cedar Rapids, Iowa, Gazette. It was led by reporter Jennifer Hemmingsen. Packaged in multimedia on a slick site, the series had as its starting point our old reporting friend -- curiosity. How, the paper asked, could a prostitution ring trafficking in under-age girls flourish in small Iowa towns? The answers aren't surprising, but the journey illuminates a serious problem. This is brave, tough journalism that shows how a public prosecution and trial are just a starting point for in-depth reporting.
Posted at 11:01 AM
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Scalia on the breakdown of anonymity
Legal Times
Wed, May 07, 2008
Tony Mauro zeroes in on a gem of a comment by Justice Antonin Scalia in a C-Span interview about why he's made peace with the notion of playing a more public role.

Apologies to my reader(s) for the slow pace here. It's because of the fast pace in that part of my work that pays the bills. More as time allows.
Posted at 01:34 PM
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Thoughts on the Thurman-stalker jury story
The Wall Street Journal
Wed, May 07, 2008
Emily Steel is taking some flak for her tell-all story about serving on the jury that convicted Uma Thurman's stalker. New York's Noelle Hancock says that the A1 play is yet more proof that Rupert Murdoch really owns the Journal. Blame Murdoch if you must, but a newspaper would have to be brain dead not to publish this story, and play it prominently, once it lucked out with a reporter picked for the jury. Steel provides a smart, scene-based story about what went on in the jury room. It's a good read, with substance. But I do have two observations:

A civics downside?

Stories like this -- and it's certainly not the first of its type, though I can't think of other cases with this kind of celebrity victim -- seem likely to discourage lawyers from picking journalists as jurors. That would be very unfortunate, putting more distance between us and the public because we are considered ineligible for jury duty simply on the grounds that we'll splash the inside story on front pages. Does that mean we shouldn't do the stories? Emphatically no. It's our job to write about the world as we see it. And it's a competitive necessity to use what we're handed in the way of access. I'm just lamenting the possible repercussions.

An overly snarky kicker?

Here's how Steel ends her story:

We reached our decision at 11:36 a.m. and walked into the court room a few minutes later to give our verdict.

As I left the building with a few fellow jurors, we rode in an elevator with reporters grilling us for quotes. Their first question: What did it feel like to be a juror in the trial of Ms. Thurman's stalker?

Translated: "Up yours, competitor. I'll tell you what it was like -- in the forum where I'm paid to write." Funny, maybe. But it leaves a slightly sour aftertaste.
Posted at 04:19 PM
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Liptak interview on "American Exception" series
National Public Radio
Thu, May 08, 2008
NPR's "Fresh Air" features Adam Liptak in a discussion about his "American Exception" series, which I've raved about here and here. Mostly it's a stroll through the many topics Liptak explored in the series, starting with his latest installment, on imprisonment rates. But in the final two minutes of a 25-minute interview, guest host David Davies of the Philadelphia Daily News talks to Liptak about his transition six years ago from in-house lawyer at the Times to reporter:

Davies: Were there things about reporting that surprised you, misconceptions about how journalism works or new skills you had to develop? What was it like to leap into this business that you knew so well but hadn't practiced?

Liptak: It was terrifying. My first six months were sheer terror. I really didn't have the background to be any kind of newspaper reporter, much less one starting on the national desk of The New York Times. I didn't have any sources, I had not really conducted telephone interviews. There's a skill set involved in journalism that's not the hardest thing in the world to master, but really you want to do it on your college paper, and maybe at some regional paper, and not in the big time.

Liptak goes on to tell a funny story about his panic over not knowing how much work he should do to produce a 700-word story. Oddly, Davies barely mentions the latest big-time move by Liptak, to the Supreme Court beat replacing Linda Greenhouse. And the two don't discuss whether Liptak's national legal affairs beat will be filled, as I urged that it be (and I'm sure the Times hierarchy hangs on my every command). Could the news that the Boston Globe's Charlie Savage is jumping to the Times be related? I'm trying to find out and will post if I do.

Update: A memo from Dean Baquet (which is too long to post here in its entirety) says that Savage's new D.C.-based position is investigative. Perhaps that's why Eric Lichtblau recently was told he is returning to the DOJ beat from an investigative slot, but that's only conjecture with opaque sourcing, so forget I said it!
Posted at 05:53 PM
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A "testilying" story misses its target
The New York Times
Mon, May 12, 2008
Benjamin Weiser's piece today in the Times goes off half-cocked. Weiser examined more than 1,000 cases in which a convicted felon was caught with a gun and whose case was transferred to federal court. He found 20 cases where judges distrusted cops' testimony enough to toss the evidence. Rather than make that the story -- despite past scandals over "testilying" and overly aggressive stop-and-frisk tactics, judges deemed most searches legal and believed New York cops' testimony in the vast majority of cases -- Weiser and the Times take the opposite tack. Their angle is too wobbly to make sense.

The trouble starts with the hed: "Police in Gun Searches Face Disbelief in Court." No, they don't. Twenty out of 1,000 cases doesn't come close to justifying that headline.

But don't blame the headline writer alone. Weiser and his editors twist their findings into a negative question from the start. The first key question the story asks is: What happens to cops who lie to justify a search? That's a great question. But, as Weiser acknowledges, we're only talking about 20 cases over a six-year period. So, rather than peg the story to the answer of that question (which is, vaguely, that police officials follow up on "few" such findings), and rather than ask whether the search tactics are legally justified (the answer would appear to be yes, almost always), we readers must wade through several anecdotes about cops whom judges deemed to be "testiliars" and where police officials seemingly did nothing about the problem.

Perhaps Weiser, et al., were justified in refusing to paint a happy face on their findings. They could have found experts to say that 20 cases is actually alarming. Or they could have argued that themselves. And then the story would have a transparent point: Though the problem is small in numbers, it's still a problem worth addressing. And yet the police hierarchy hasn't addressed it. Instead, the story mumbles its justification, and thus comes off as disingenuous.
Posted at 07:39 AM
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Scruggs scoop has some problems
The (Jackson, Miss.) Clarion-Ledger
Mon, May 12, 2008
The usually fabulous Jerry Mitchell has a scoop in yesterday's Clarion-Ledger in the Dickie Scruggs case, but it's marred by two problems. First, Mitchell's sourcing is opaque. He declares in his lede that "Justice Department officials now are looking at racketeering as a possible next charge to pursue against the legendary trial lawyer." No attribution, and no additional explanation that might shed light on the many qualifiers in that phrase ("are looking at" a "possible" use of RICO). Mitchell is a reliable scoop artist, so it's obvious that authoritative sources have told him this. It's a shame he made a deal not to tell his readers anything about the origins of the report or to explain what he doesn't know yet. Second, he writes about RICO's original purpose (organized crime) and the immense leverage that it gives prosecutors, with stiffer penalties and asset forfeiture. But he never gets around to explaining the elements of the crime, and how much evidence prosecutors would have to amass to prove a racketeering conspiracy. (Via WSJ Law Blog, which also reports on a new Peter Boyer feature in The New Yorker on Scruggs, with brief highlights from the story.)
Posted at 12:12 PM
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To the authors goes the access
Wed, May 14, 2008
USA Today's Joan Biskupic and ABC's Jan Crawford Greenburg both cashed in on their relationships with former Supreme Court Justice Sandra Day O'Connor to produce pieces today advancing O'Connor's public testimony about her husband's Alzheimer's. Biskupic, who wrote a biography of the justice three years ago, snagged a copy of O'Connor's written testimony, but no interview. Greenburg, whose reporting for her 2007 book on the Court included interviews with O'Connor, goes one better, with an on-camera interview aired on Good Morning America (Greenburg provides a text story on her Legalities blog and a link to the GMA report).

A couple of lessons to draw from this: There's no competition between a national newspaper and a network news show when a source wants attention. TV wins every time. And, despite queasiness among SCOTUS reporters over the report last fall on John O'Connor's condition, Biskupic's decision then to buck the trend and write about it certainly didn't hurt her when O'Connor wanted to get her message out now.

Correction: I erred when I assumed (based on the lack of others' reports on the upcoming testimony) that Biskupic had used her reporting wiles to land an advance copy of the testimony. In fact, I'm now told, the testimony was released widely but embargoed. I regret the error.
Posted at 11:31 AM
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Heads up about same-sex marriage ruling
Wed, May 14, 2008
Now here's an innovation worth copying. The California Supreme Court announced a day in advance that it will make news in a particular case -- its ruling on whether a ban on same-sex marriage violates the state constitution. The notice of the impending ruling, at 10 a.m. tomorrow, gives reporters ample time to line up experts and participants in the cases to quote, to bone up on the case history, and to put their best available people on it. I don't know if that court routinely does this (I saw no other notices of "forthcoming filings" on the site). I'm not aware of other courts -- most especially the U.S. Supreme Court -- taking this baby step toward accommodating better news coverage of the law. I can imagine the arguments against it (namely, if we know the decision is final, then scoring a leaked copy of it will be a real scoop, because we're sure it's the final product). But that remote possibility shouldn't prevent such forward thinking. (Via Cal Law's Legal Pad)

Update: In addition to the comments on this post by Adam Liptak and Tony Mauro, a reporter for the Daily Journal in California informs me that this is standard practice at the California Supreme Court. Here's a link to the Canada Supreme Court service that Mauro refers to.
Posted at 04:27 PM
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Note to Oregon pol: Don't ask Enron reporter for a blurb
Legal Trade (Houston Chronicle)
Fri, May 16, 2008
John Kroger, a candidate in next week's Democratic primary for Oregon attorney general, has just published a memoir, Convictions: A Prosecutor's Battles against Mafia Killers, Drug Kingpins, and Enron Thieves. Willamette Week reviewer Matt Buckingham called it "a thoughtful, compulsively readable assessment of the American justice system’s struggles with the greatest social evils of our time." Buckingham goes on to write, "Kroger faces a politically experienced, well-qualified opponent in next week’s election for state attorney general, but win or lose he may be the publishing industry’s next Vincent Bugliosi." At Powell's Books, there's a flood of blurbs for Kroger's book: "mesmerizing.... spellbinding ... engrossing ... straightforward and truthful ... suspenseful and enlightening ... extraordinarily intimate account ... " Meanwhile, Legal Trade blogger Mary Flood has this to say about Kroger's "self-congratulatory" book, which she calls a work of "stunning hubris":

The four somewhat conflicted chapters on Enron talk alternately about his prowess, his lack of knowledge, how careful prosecutors were, how ruthless prosecutors were, how terrific his case against the Enron broadband executives was and how it hasn't been successful in court. . . . Should this ex-prosecutor and wanna-be Oregon AG have thought twice before publishing this book, or at least the Enron chapters?

Guess which writer covered the Enron case as a reporter? That would be Flood, whose hard-charging coverage of the Enron scandal for the Houston Chronicle and her decades as a legal reporter make her nobody's fool. It's a good thing for Kroger that he's running for office a long way from Houston.
Posted at 05:55 PM
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Beat reporter gets chief justice to talk
Los Angeles Times
Sun, May 18, 2008
The LA Times' California Supreme Court reporter, Maura Dolan, produced a revealing piece on Chief Justice Ronald George, author of Thursday's 4-3 majority opinion holding that the state's ban on same-sex marriage violates the state constitution. Dolan reports that George sat for a two-hour interview, and shares his thoughts about the case's place in history and how the opposing justices reflected honest differences of opinion without rancor. Oddly, amid George's many comments on the decision, Dolan writes that "court rules bar George from discussing the ruling until it takes effect in 30 days or more." But she goes on to explain where George might have drawn that line, nothing that "during the two-hour interview with The Times, he refused to disclose anything about the court's internal deliberations and responded to a number of questions by reading aloud from the decision." So the whole piece is either a testament to George's liberal interpretation of the rule or Dolan's skill as an interviewer, or both.
Posted at 01:27 PM
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Liptak's balancing act
The New York Times
Mon, May 19, 2008
Adam Liptak has now served his time in the Times' "Talk to the Newsroom" feature. Looks like it was a lot of work, considering that the reader questions he chose were mainly substantive, and from all over the legal and U.S. map. There were, however, a few legal-reporting moments worth sharing. Liptak ends the Q&A in a natural, forward-looking place, pondering his move from the national desk's legal affairs beat to the Washington bureau's Supreme Court beat, and on why, as he puts it, "covering the Supreme Court for The New York Times has got to be the best job in legal journalism." But an earlier exchange interested me more, as an articulate comment on journalistic practice in legal stories. It was titled "The Question of Balance":

Q. With regard to reporting important legal issues, as well as with any subject matter, I am curious why getting both sides of an argument is always necessary, aside from being a matter of form and style? If side X says the sky is green, and side Y says the sky is yellow, we are no closer to knowing that the sky is blue. You feel me?
— Casey M. Conley, Conway, N.H.

A. Excellent question, Casey, and a fundamental one. Let me separate it into two parts.

First, facts. Reporters should nail down facts for themselves, from first-hand observation, orginal documents, eye-witnesses, the accounts of participants and so on. If there is a dispute about the facts, reporters should report all of the available evidence and help the reader assess it. There is no reason in the world to quote people who are simply wrong on the facts or to suggest there are two versions of the facts when there is support for only one.

Second, analysis. Having laid out the facts as best we can, reporters should help the reader make sense of them. That does not mean dumping a collection of quotations from supposed experts into the paper and leaving the reader to sort them out. At a minimum, beat reporters in a specialized area like the law should be able to provide context and set out the competing arguments authoritatively in their own voice. If an argument is internally inconsistent or has been rejected by the courts, they should say that. If a development tests the conventional understanding of, say, the separation of powers, they should say that, too.

That strikes me as a useful working definition of enterprise journalism -- and a perfect illustration of why critics who yearn for objectivity will never get it from the most intelligent reported journalism. The real question is whether the reporter has the intellectual integrity to be curious and open-minded, and to avoid the ideologue's preference for reaching a predetermined outcome. 
Posted at 08:10 AM
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Spears-mania? Eh.
Associated Press
Mon, May 19, 2008
This AP story by Sandy Cohen, on the months-long media frenzy over the child-custody battle between Britney Spears and Kevin Federline, makes me feel like a visitor from another planet. And I want to go home now.

Am I the only one who not only finds these folks' fame inexplicable, but who can't recall seeing even one installment of what Cohen portrays as a daily, intense media storm over this ongoing proceeding in (where else) L.A.? Maybe I don't want to know the answer to that.
Posted at 02:09 PM
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A long, long feature with little purpose
GQ
Tue, May 20, 2008
Adam Higginbotham's profile of William Heirens in GQ leaves me cold. Titled "The Long, Long Life of the Lipstick Killer," the feature uses about 6,000 words -- admittedly nicely crafted words -- to paint a picture of a decrepit prison inmate who may, or may not, be wrongfully imprisoned for three infamous murders in post-WWII Chicago. The point seems to be that the 79-year-old Heirens, who has been behind bars for 62 years, is an object of sympathy because he may be innocent, except no one seems to care or be able to prove it anymore. Including Higginbotham. He skips over the hard part of trying to provide a definitive answer, concluding only that "almost all the evidence that helped put Bill Heirens in jail has been discredited." Which is important but not conclusive, especially given Heirens' long-ago confession and an undertone of skepticism in Higginbotham's narrative that leaves me unable to embrace the inmate as a victim. Maybe he's just an object of curiosity, given his distinction as, in Higginbotham's words, "the longest-serving inmate in the United States prison system." I guess I'm just not curious enough to want to read this much to reach an ambiguous conclusion.
Posted at 12:34 PM
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Wanted: shoeleather reporting in Boston
Wed, May 21, 2008
What's wrong with the Boston papers? A respected bankruptcy judge gets arrested and pleads no contest to DWI and DWCD -- driving while intoxicated and driving while in a cocktail dress. He resigns, then reconsiders. And then ... nothing. No reporter evidently has good enough sources on the district court bench or the 1st Circuit to report on why the May 15 deadline on the judge's status has come and gone. The story in today's Boston Globe by Jonathan Salzman appears to be the Globe's first on the case since this brief on April 2. The Herald, which might be counted on to pursue such a story with more gusto, hasn't even tried. Massachusetts Lawyers Weekly's Julia Reischel at least beat Salzman to the punch by two days, with the same basic story (i.e., we have no clue what is going on). It's disturbing that court officials can't come clean about what is happening. This, after all, is the public's business. But it's downright lame that the papers are so out of touch with the courthouse crowd that they are either silent or publicly confess their cluelessness instead of digging up the news.
Posted at 08:02 PM
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A daringly early take on High Court patterns
The New York Times
Fri, May 23, 2008
Linda Greenhouse's penchant for thematic conclusions about the Supreme Court's output is on display today at a remarkably early point in the term. As every Court-watcher knows, the hardest cases -- those most likely to split the Court, and the cases that typically are most newsworthy -- come in June, as the term winds down. And yet, here's Greenhouse, declaring that "something is happening" to change dramatically the decision-making pattern of last term. Out with the 5-4 conservative-liberal splits, with Justice Anthony Kennedy in the pivotal spot. In with a greater degree of consensus, and a less sharply defined ideological divide. What good is such an early prognosis if the split-friendly cases have yet to come? First off, Greenhouse compares apples to apples: the two terms at the same point in time. She analyzes the cases decided so far this term to conclude that they could have turned out differently. She clearly acknowledges that end-of-term phenomenon and how it may change things. And she confesses what she doesn't know, always a transparent way to make a story more trustworthy. It works for me.

Interestingly, she doesn't acknowledge the predictions by Court-watcher Tom Goldstein that many reporters relied on for their previews of this term last October. Goldstein predicted that the nature of this term's cases would yield much different results, and thus significant back-pedaling on journalists' understanding of how the Court had tacked hard right in the Roberts-Alito era. Greenhouse pretty much ignored those predictions last October, and seems to have reason to keep doing so -- since Goldstein's prediction hasn't actually panned out yet. He foresaw a continuation of close votes, but reaching liberal rather than conservative results. In fact, the cases are still coming out "conservative," in the main, but with many fewer one-vote margins, says Greenhouse. In another five weeks, we'll know if Greenhouse ends her final term on the beat with a clearer crystal ball than Goldstein's.
Posted at 07:23 AM
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LAT's terror-trial profile needs a folo
Los Angeles Times
Tue, May 27, 2008
Josh Meyer profiles the Navy Reserve JAG officer defending Khalid Shaikh Mohammed, whom Meyer describes as "the world's most notorious captured terrorist." The profile of Prescott Prince benefits from good timing (it's early in the military commission trial of the infamous KSM), prominence (front-page in Sunday's LA Times), and access (Prince spoke at length to Meyer, despite unhelpful military restrictions). While the story sheds useful though preliminary light on the defense team's challenges and strategies, it's too sketchy on what I consider a core question: Is Prince up to the task? Along with light personality fare (we learn that Prince "enjoys yardwork and long-distance runs" and has "a slight gap between his two front teeth"), the most insight we get into whether Prince is a defense heavyweight is that he is "a Southern lawyer who only a year ago was running a small civilian defense practice" and that the "veteran defense attorney [has] a reputation for tenacity." Did he defend traffic tickets or something more complex? How much backbench support does he have in the tussle over commission procedures? How familiar is he with the 9/11 conspiracy that KSM is charged with masterminding? Let's hope Meyer or others continue digging. (Via How Appealing)
Posted at 08:29 AM
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Denver Post wins big in ABA Gavel contest
Tue, May 27, 2008
The American Bar Association has announced this year's Silver Gavel Awards. There are four -- in books, documentary, newspapers, and television -- plus six honorable mentions. Most notably, a single newspaper -- The Denver Post -- took both the award and honorable mention in newspapers. The award was for Michael Riley's series last November on a dysfunctional justice system on Indian reservations. Winning honorable mention were Miles Moffeit and Susan Greene for their series on mishandled DNA evidence last July. The ABA eventually will attach judges' statements to this year's list, explaining the awards. Go here for a list of past winners and here for my report last year on the meaning of the awards' sponsorship by law firm Vinson & Elkins. (Via Legal Blog Watch)
Posted at 02:04 PM
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R. Kelly faceoff: Trib wins
Thu, May 29, 2008
What's more important: good reporting or good writing? Here's a side by side comparison from coverage of the R. Kelly trial in Chicago that shows the ugly downside of having a bad dose of both.

On Wednesday night, both the Chicago Tribune and Chicago's CBS 2 published stories on their Web sites about a surprise twist in the Kelly trial. The first that I read, on the CBS 2 site, is credited to reporter Jay Levine but carries a tagline indicating it was slapped together by a Web editor. It's badly written, confusing, full of empty hype about Channel 2's supposed exclusives, and leaves readers clueless about what is happening. Too bad that CBS editor didn't read the Trib's story by Kayce T. Ataiyero and Stacy St. Clair, which was published minutes earlier and tells in a straightforward, clear way about a surprise defense rebuttal witness. It's sourced to police and a defense lawyer and lacks the silly, breathless tone of the CBS version. That's what real reporting and writing are all about.
Posted at 09:43 AM
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Maudlin emotion in polygamist ranch coverage
CNN Headline News
Fri, May 30, 2008
Back in the day, CNN Headline News was an actual headline news service: the latest news stories, told in rapid-fire succession. It was a reliable place to tune in when you wanted a quick news update. In recent years, however, it's devolved into a carnival of smarmy showmanship, with entertainers using news as a jumping-off point to vent rage at easy targets. Some pinhead marketing guy saw the spike in ratings that Anderson Cooper enjoyed when he indulged his emotions in covering Hurricane Katrina, and the result is an endless loop of cartoonish imitation. One of the consistently worst offenders is Mike Galanos, host of Headline News' Prime News. His sneering and preening take the place of the journalist's legitimate tools of facts and skepticism about what is or isn't known. In fact, that's explicitly the plan on Prime News, according to its Web site:

"Prime News" host Mike Galanos uses the day's most powerful headlines as a starting point for diverse perspectives and spirited debate. In each show, Galanos challenges newsmakers and experts to help viewers gain a clearer understanding of the "right vs. wrong" conflict playing out across the country every day.

News as morality tale. Except, from what I've seen day after day, Galanos leaves out the "clearer understanding" part. His chief outrage-maker these days is the case of the Yearning for Zion ranch in Texas. Reacting yesterday to the Texas Supreme Court's decision upholding a lower court's finding that state authorities had not proven their suspicions of sexual abuse of children, Galanos could have explained the decision, questioned experts about what the possible next steps were, and mused about the problems involved in proving the children are in danger. Instead, he vented about the court, saying in effect that the justices had sided with the polygamists and evidently didn't care what happened to the kids. Galanos evidently doesn't rate highly enough in the CNN hierarchy to get his overnight transcripts published online. His rage-filled colleague Nancy Grace does, and the transcript of her show last night seethes with the same mindlessness:

NANCY GRACE, HOST: Tonight, breaking news, stunning ruling by the Texas supreme court up in their ivory tower, sending scores of children back behind remote and isolated walls of a Texas polygamist compound, this after shocking photos showing FLDS prophet Warren Jeffs planting deep kisses on two child brides, one age 12, the other 13, one shot their first anniversary photo. Hello! She`s only 12, and it`s their first anniversary? The crazy polygamy cult leader may be worshipped as a prophet, but the photos now prove he`s nothing but a pervert, confirming allegations of systematic marriage forced on little girls, not to mention alleged abuse on little boys and 41 known broken bones. But even so, tonight the courts decide to send the children back to this?

Jeffs is in prison already. And the whole point of yesterday's ruling is that the state failed to connect Jeffs' proven crimes to the Texas group's actions. Where's the outrage over the state's failure? Or actual facts about how the court supposedly botched the facts and the law? Or, better yet, explanation of what the state has done and could still do? Instead of doing their job, CNN and its pack of snarling program hosts treat their viewers as easily manipulated morons.
Posted at 07:32 AM
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Scalia's reflexive answer about journalism needs rethinking
WSJ Law Blog
Fri, May 30, 2008
Dan Slater interviewed Justice Antonin Scalia about his book and for general musings at The Wall Street Journal's Law Blog (parts one, two, and three). The interview concludes with a good question about Scalia's journalism critique, now that he's been attracting ample coverage on the book tour, and has generally been a talkative, engaging interviewee wherever he has appeared. The answer, alas, is a tired and lazy one:

Q. How would you grade the media these days? In the past, you’ve chided the press for its legal coverage. What’s your impression of the press now, after having been through several interviews in recent months?

A. I gave a talk, years ago, about how the press covers courts ? this court or any court. And I didn’t think it was a mean talk at all. In fact I thought the theme was: To understand all is to forgive all. You cannot expect the general press ? your blog may be a little different because it’s directed to lawyers ? to say what a case is really about. You know, reconciling Section 232(b)(3) with some other section. You’d put your readers to sleep.

Your readers want to know, did the good guy win or did the bad guy win? I analogize it to the most famous jury trial in all of literature [The Merchant of Venice], where the judge is praised: “Oh wise judge, oh beautiful judge.” But Portia was a terrible judge. I mean, you know, if you write a contract to take a pound of flesh, then obviously you take whatever blood goes with it. That’s implicit. That was terrible. But who cares! The good guy won, and the bad guy lost. And that’s basically what happens [in the press]. What we do here does not get faithfully conveyed.

It's a fair point when considering the broad range of courts coverage, in all media, especially local broadcast coverage and small-market papers. Even among national media, too often, what Scalia says is true. I've noted many examples on this blog. But come on -- where does he see that in the rarefied coverage of his court? The elite, bookish SCOTUS press corps is practically the only place where the kind of mindless, law-free coverage he's talking about doesn't happen. Scalia has made this pronouncement often enough that it flows effortlessly when prompted. But he's sharp and critical enough to think harder about distinctions among media -- or at least to support his dubious argument with evidence.
Posted at 05:13 PM
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Savage jumps to the head of the class
The New York Times
Sat, May 31, 2008
That didn't take long. Charlie Savage's first New York Times byline is played above the fold on A1, and as the lead on the Web's "today's paper" page. He shares a byline with Robert Pear, but still it's clear: he's getting a lotta love from the editors since moving his D.C.-based Pulitzer-winning legal-affairs show from the Boston Globe to the mother ship. The story -- on the Bush administration's unusual move to avoid the "midnight rules" phenomenon in the final months of its term -- has the added benefit of jabbing a finger in the eye of the Washington Post, for which this sort of story is bread and butter.
Posted at 06:15 AM
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