Author Archives: Michael Froomkin

Brad DeLong vs. the ‘Non-Partisan’ Press

Brad DeLong pens (keyboards?) another one of his great rants about the failures of our modern press corps in the face of mendacity: Why Oh Why Can't We Have a Better Press Corps? (Special Richard Cheney 'Opinions About Shape of Earth Differ' Issue).

Brad's description of the problem — one offered by most serious students of the press who are not actually members of it — is IMHO spot on: there's something wrong when obvious falsehoods get equal time with obvious truths. But is his solution really what we want?

If Bumiller doesn't feel that at this stage she has enough information to (at least privately) conclude that Cheney is either senile or a liar, she needs to get a different job in a different profession. And once she has reached that (private) conclusion, her duty is clear. She needs to include more quotes from different people contradicting Cheney—people like Tenet, Powell, Armitage, Hadley, and other senior administration officials who are already on record praising the work done by Clarke and his centrality to the Bush administration's pre-911 counterterrorism effort. She needs to signal her readers that Cheney is all alone on this: completely off the reservation, making claims that are so false that nobody else will touch them.

So I called Bumiller, and asked her why she had made it into a “she said, he said” article rather than into a Cheney-said-something-so-bizarre-that-nobody-else-will-endorse-it article. Her replies seemed, to put it politely, incoherent. The reasons that she didn't stack five contradictory quotes from five different sources against Cheney—and so make him look like the liar or idiot that he is (as Dana Milbank would probably have done)—appear to be that she “doesn't write opinion,” that “the news was Rice contradicting what Cheney had said to Rush Limbaugh,” and that she “only had 300 words.” My assertion that whether Clarke was out-of-the-loop or was the loop itself is a matter of fact, and that a reporter has a duty to ascertain and to report to her readers such matters of fact, did not meet with a response.

Here's the problem: I don't think I'm going to be happy in a world in which reporters slant their stories to hint real real hard as to who they think is lying. I am OK with a nakedly partisan press in which reporters wear their biases on their sleeves — I like Brad's rants, don't I? — partly because biases (unlike prejudices) can be the reasoned result of thought and education. But I don't want a norm that says reporters should try to manipulate the reader.

It's bad enough having to read the NYT every morning and Kremlinoligize the stories as it is. It used to be you knew that certain reporters were so-and-so's leak, so that if X had a scoop it probably came from State. But now when I read, say, a Judith Milller or a Katherine Seelye story, I have to be on guard for the slant. I don't like that.

In fact, I wonder if what Brad is advocating wouldn't legitimate what Miller and Seelye do. I bet that Miller believed Chalabi. I bet that Seelye believed all those anti-Gore falsehoods she peddled. (See the Daily Howler for chapter and verse). I think I want LESS of that sort or reporting, not more.

So I guess my vote is to allow more editorializing: “Cheney's comments appear to conflict with every known fact on the subject” or something like that….

Posted in Readings | 3 Comments

Thoughts on the Pledge

Rare it is that I am in substantial agreement with any Volokh Conspirator. But with the exception of the next-to-last paragraph, I think Jacob Levy's item on the Pledge captures my feelings pretty well. Where we part company is the idea that the government could reasonably request, much less demand, a citizenship oath at 18.

That said, I guess I have to admit that we already a de facto oath requirement at majority in most states—for those who wish to vote. I've had to swear to preserve and protect not just the Constitution of the USA, but that of two different states in order to exercise my franchise. Is that in keeping with a vision of the Republic that situtates sovereignty in 'We the People?' I can see arguments on both sides of that one.

And since, as it happens, I think that state and federal constitutions are a Good Thing, even when imperfect, I'm certainly not about to make an issue of it.

Posted in Law: Constitutional Law | 1 Comment

Sauce for the Gander

Here's a really smart question: Talking Points Memo: by Joshua Micah Marshall: March 21, 2004 – March 27, 2004 Archives—if the administration is willing to waive the “background” status of comments made by Richard Clarke in August 2002, presumably without his consent, why won't it do the same thing for the person(s) who outed Ms. Plame to Robert Novak?

Wouldn't it be nice if someone asked this question at a white house press conference?

Posted in Politics: US: GW Bush Scandals | Comments Off on Sauce for the Gander

WTO Ruling Supports Internet Regulatory Arbitrage

Something I want to read when I get home—the decision by the WTO described (rather summarily) in Las Vegas panics as WTO rules offshore gambling legal. The US is currently engaged in a host of practices, particularly leaning on credit card companies, to block access to off-shore Internet gambling from the US.

The internet gambling issue is a very interesting test of the ability of a government to prevent residents from engaging in regulatory arbitrage.

And it looks like those efforts just took one on the chin.

Posted in Law: International Law | Comments Off on WTO Ruling Supports Internet Regulatory Arbitrage

Notes About All Over

I am in New Haven, put up at the very traditionally elegant therefore not especially comfortable “Q club”. I can forgive the desk that is too small and too high to type on well. The noise pollution from the TV next door. The lack of a high speed internet connection. It is harder to forgive the contortion needed to find a plug (and there seems to be just one). And it's even harder to forgive the slowness of the telephone internet connection: 26.4k! That's the slowest I've ever had in the USA. Slower than most of the UK. Slightly slower than Italy.

So rather than provide a series of posts, here's a little collection of annotated linkage:

  • Laplace's Demon is teasing me which is probably deserved.
  • Daily Kos says Clarke is a patriot
  • Amanda Butler blogged the oral arguments in the Newdow case. The TV here in the 'Q Club' has CNN, and they had a long item on the case. The commentator kept saying what a great job Newdow did, emotions and all, at the argument. The anchor — who looked like someone trying to play a fluffhead but not quite managing — kept saying 'but doesn't the little girl want to say the pledge and be like all the other little kids?'
  • Clarke 9/11 commission hearing transcript: Part 1, Part 2, and Part 3. I caught a little in the airport. It was impressive.
Posted in Etc | Comments Off on Notes About All Over

Off to New Haven

I'm off to New Haven this afternoon. Tomorrow I present my ID cards paper to the Yale Law Legal Theory Workshop; Saturday and Sunday I'm attending the Yale Information Society Project's conference on Digital Cops in a Virtual Environment. In between I plan to look up some old friends. I'm not nearly as good at keeping up with people as I should be.

Posted in Talks & Conferences | Comments Off on Off to New Haven