If You're A Journalist Who Thinks That Pointing Out Lies Shows Bias, You're Not A Journalist

from the you're-a-pr-person dept

For years, we've pointed out the ridiculousness of "the view from nowhere" reporting (a phrase coined by journalism professor Jay Rosen). This is the ridiculous belief that being an "objective" journalist means never challenging what someone says to you, but rather just showing "both sides of the story" and not "taking" any side. But, that's ridiculous. If someone claims that the earth is flat, and you do a story showing the person claiming that, alongside someone else saying it's not, but never point out that the person saying the earth is flat is crazy, then you're not doing your job as a journalist. A journalist should be focusing on getting to the truth, and that means calling bullshit when warranted.

This issue has come up again this week, thanks to NBC talking head Matt Lauer's inability to challenge Donald Trump's blatantly false statement that he was against the war in Iraq. Trump has been saying this throughout the campaign, and it's simply not true. What's more, plenty of journalists have pointed out that it's not true, and any journalist interviewing the candidate, as Matt Lauer did, should have known that and should have pushed back. But Lauer did not, leading to widespread criticism.

What's perhaps even more astounding, however, is that some TV journalists jumped in to defend Lauer, insisting that doing actual fact checking on lies is showing bias:

Political talk-show host Chris Matthews, for example, said after the event that if Lauer had called Trump out for lying, that would be equivalent to expressing an opinion, and moderators are supposed to be neutral.

Fox News anchor Chris Wallace, who is going to be moderating one of the debates between Trump and Clinton, said something similar in an interview. Wallace said it’s not his job to question the factual accuracy of a candidate’s statement during such an event.

“I do not believe it’s my job to be a truth squad,” Wallace said. “It’s up to the other person to catch them on that.”

If that's what they think, then they should all find new jobs. Because they're not journalists. The finding of truth is important, and calling out a candidate (or others in power) for false statements when they make them is part of that important role. It's not "biased" to seek the truth. It's not "biased" to call a false statement a false statement. It's the job of a journalist.

Filed Under: bias, chris matthews, chris wallace, donald trump, fact checking, facts, he said, journalism, matt lauer, objectivity, reporting, she said, truth

Fox News Sues Senate Candidate For Using Clip In Commercial

from the let-me-introduce-you-to-my-friend,-fair-use dept

During the Presidential campaign in 2008, we noted that CBS had sent a takedown notice for a John McCain ad that included a snippet of the CBS Evening News with Katie Couric. We noted that this seemed silly and a pretty clear case of fair use. While not much more ever happened in that case, in a similar situation, we now have Fox News and one of its hosts, Chris Wallace, suing Missouri Senate candidate Robin Carnahan, claiming copyright violations, invasion of privacy and misappropriation of likeness -- saying that the ad implies that Wallace endorses Carnahan. Fox has also sent takedown letters to YouTube for hosting the video, though others appear to have it (for the time being).

The ad itself is pretty straightforward. It's a clip of Chris Wallace asking a question to Carnahan's opponent in the race, Roy Blunt from a few years ago. It's basically Wallace saying the following:

"You just said a moment ago that you have to show that you're the party of reform but some question whether you are the man to do that. In 2002, you tried to insert language into the Homeland Security Act to help Phillip Morris tobacco [company] while you were dating that company's lobbyist. And your campaign committee's paid $485,000 to a firm linked to lobbyist Jack Abramoff. Are you the one to clean up the house?"

And then some tag line against Blunt. It never shows Blunt's response. It's difficult to see how anything about this lawsuit makes sense. First of all, the copyright claim is pretty weak. While most of the commercial is the clip, it seems like it's quite likely this would still qualify for fair use. The idea that this implies Wallace endorsed Carnahan is a huge stretch. Nothing in the ad suggests he did at all. It's a factual representation of what was said. Fox's claim that this creates financial harm doesn't make much sense. Even if (again, a huge stretch) people believe that Wallace was endorsing Carnahan, that's got nothing to do with the financial loss from the clip itself. Case law is pretty clear that the financial loss needed in a fair use analysis involves the financial loss over what the clip itself could be licensed for -- not any ancillary "costs." And, in the very same complaint, Fox makes it clear that it wouldn't license this clip even if the campaign had asked. Thus it seems to admit that the "financial loss" is nothing.

But, really, the bigger issue, is that in suing and sending takedowns over this video, all Fox has done is draw significantly more attention to the story itself and the negative impression of Blunt. If I had to guess, I'd say that Carnahan has never been so happy to be sued. It's tons of free advertising on an attack ad on her opponent. And, of course, if the video is found to be fair use -- as I would bet it would be -- we'll have yet another example of how the DMCA's takedown process is a clear violation of free speech. Even if the video is eventually allowed back online due to a counter-notice, copyright law was being used to silence political speech in the middle of a campaign.

Filed Under: chris wallace, copyright, endorsement, publicity rights, robin carnahan
Companies: fox