Jealous Journalistic Competitors Reject, Again, SCOTUSblog's Request For A Press Pass

from the ridiculousness-defined dept

We've covered the recent troubles the popular SCOTUSblog has had in trying to secure a press pass to the Supreme Court. As we've noted SCOTUSblog is basically the go to source for any reporting on the Supreme Court. On days when the court releases new rulings or whether it will hear certain cases, people flood to the blog to pay attention, rather than other news sources that are not nearly as comprehensive or detailed. And yet, because the Supreme Court (oddly) relies on whether or not reporters have press credentials at the Senate, SCOTUSblog has been in an awkward situation. It had a press pass for its main reporter, Lyle Denniston, but that credential was revoked recently. The blog appealed, but in something of a travesty, to do so it had to grovel to its competitors, since existing reporters with Senate press credentials are given the guild-like power to exclude new members.

And that's just what they've done again: rejecting SCOTUSblog's appeal.

Underscoring the irony, as the blog's publisher Tom Goldstein notes, is the fact that the Standing Committee of Correspondents that made this decision sent it around just as the latest Supreme Court rulings were coming out, and about 10,000 readers were all watching the SCOTUSblog's live blog about it. Adding more insult, the Senate Gallery released that decision to others in the press, so that SCOTUSblog found out about it on Twitter from others, rather than directly.

The key issue is that SCOTUSblog's publisher is Tom Goldstein, and he's a lawyer who practices before the court. The competing journalists suggest that this violates their existing rules about not allowing a non-independent organization that "lobbies" before the government to get a press pass. Of course, last time around, Goldstein noted that numerous state-owned media properties, who clearly lobbied before the government were given press passes. And this time, he notes that it's really seemed like his competitors were basically looking for any reason at all to deny them a press pass:

Today, it settled on the fact that practicing lawyers publish and write for the blog. The Committee takes the view that the blog is not editorially independent from my law firm or from other lawyers who write for the blog. As a consequence, the Committee found, the blog violates two independent requirements under the Committee's Rules: any credentialed publication must be editorially independent from an organization that (i) "lobbies the federal government"; or (ii) "is not principally a general news organization."

However, as Goldstein notes, this is a pretty silly distinction, because based on a broad reading of those two prongs, almost no one should qualify.

Begin with the fact that the decision applies equally to publications in any field, whether health care, automobiles, technology, education, or anything else. It is not dependent on the fact that I work for a law firm that practices before the Supreme Court. The Committee deems it sufficient that the firm is not principally a news organization. So its reasoning extends equally to any publication that is produced by someone who plays dual roles, one of which isn't a news organization.

As a result, the purpose and effect of the Standing Committee's decision is to limit credentialing to traditional media in every field. The Rules contemplate that there can be a direct relationship between a publication and non-news organization – they just must be editorially independent. But the Committee construes that requirement of independence in the broadest way possible: to forbid an overlap in personnel.

Given that, while Goldstein doesn't say it, it does raise serious questions about others. For example, the head of the committee who rejected SCOTUSblog's appeal works for the Wall Street Journal. The WSJ is owned by News Corp. and Rupert Murdoch. Murdoch is somewhat famous for meddling in matters of government. So, um, isn't the WSJ not editorially independent of someone looking to lobby the government? And, yes, the WSJ has editorial policies that claim to make it independent, but so does SCOTUSblog, and Goldstein notes that apparently is not enough.

Furthermore, Goldstein makes a much more important point: there's a reason why SCOTUSblog is so respected. And part of that is because of their expertise:

We are experts in the Supreme Court in large part because we practice before the Supreme Court. Lyle has over five decades of experience as a journalist covering the Court. But the rest of us have acquired our knowledge through many years litigating in front of the Justices. That expertise lets us cover the Court well, and it gives our coverage added credibility. The same will be true across the infinite number of fields to which its rationale applies.

In fact, the Committee does not seem to doubt that. It does not see these rules as an obstacle, so long as every one of us now quits our jobs as practicing lawyers and commits ourselves exclusively to the same occupation as the Committee members. But so long as any of us continues to practice, we lack editorial independence.

Furthermore, this theory of reporters only being able to be reporters if they're only reporters and aren't practitioners creates other problems, especially in an age when experts can become publishers with the simple push of a button.

This scenario – specialists reporting on their respective fields of expertise – is going to grow, not diminish. Traditional media is contracting. Non-traditional, expert media is expanding, including because we have access to inexpensive distribution through the Internet. We do not need a printing press.

It seems a shame to erect obstacles to access when organizations like ours share the values and further the goals of journalism. We reach a lot of people. No organization in the nation's history has devoted nearly the resources we have in covering this important institution. The Committee does not seem to doubt that our actual coverage is comprehensive and thoughtful.

Goldstein is going to appeal this decision even further, but has no idea if it will be overturned. Part of the problem here seems to be an antiquated view of what journalism really is in this day and age. And part of the problem seems to just be institutional jealousy by reporters acting as gatekeepers who don't want to let the new guy into the party. Either way, it speaks horribly about the cliquey nature of traditional journalism and their unwillingness to recognize how the internet works.

Filed Under: journalism, lyle denniston, senate, standing committee of correspondents, supreme court, tom goldstein
Companies: scotusblog

Best Reporters On The Supreme Court Forced To Grovel Before Competitors To Prove They're Worthy Of A Press Pass

from the ridiculousness-defined dept

Back in April, we wrote about the travesty of the very best reporters on everything Supreme Court related, SCOTUSblog, still not having a press pass to the Supreme Court. The issue is somewhat complicated, in part because of the seriously arcane credentialing process involved. Basically, the Supreme Court looks kindly on reporters who already are credentialed by the Senate. But the Senate credentialing process involves the "Standing Committee of Correspondents" who get to decide who else to let in. The committee, basically, are journalists who have already been let into the club deciding who else can join them. When you set up a guild that lets you exclude innovative and disruptive players, guess what happens?

While the Senate had allowed a SCOTUSblog reporter, Lyle Denniston, in the past, it revoked that credential and said that it wouldn't give him or SCOTUSblog a new credential. While they don't say why, the main issue seems to be that the blog's publisher is Tom Goldstein, a practicing lawyer who does, on occasion, practice before the Supreme Court. Yet, there's a clear separation between the reporters covering the various cases and Goldstein's legal work. In fact, SCOTUSblog will not cover cases Goldstein's firm is involved in. And no one seems to deny that the reporters who work for the blog do great work.

In an effort that seemed to only highlight the ridiculousness of the situation, the "Standing Committee of Correspondents" decided to hold "a hearing" about the issue, which seemed merely designed to make them look as pompous and out of touch as possible. Or, at the very least, to show what happens when petty people are put in a position of power over others. Goldstein notes that the "hearing" seemed to involve all of their (apparently jealous) competitors on the "Standing Committee" digging up any reasons they could think of to deny them a press pass:

But the Standing Committee seems committed – having previously granted us a credential – to reaffirm its decision revoking our pass.  In listening to our appeal, which the chair labeled a “hearing,” the Committee members carefully divided up materials that they could use in an effort to undermine our qualifications.  (My favorite by far is that, unbeknownst to us, the Gallery’s staff director came to our office to take pictures of our signage and doors.)  No member of the Committee even acknowledged the recognition by others that the blog is engaged in high-quality journalism.  The closest it came was the chair’s firm statement that the Committee had a duty not to bow to “public pressure.”  That seems to miss the point.

It appears to be nothing more than a guild process to exclude competitors.

The main point that critics of SCOTUSblog have, concerning Goldstein's day job, is that publications are supposed to be "editorially independent from any organization that is 'not principally a news organization.'" And, specifically, they are supposed to avoid giving press credentials to someone who may be lobbying Congress. But Goldstein quickly points out that the Committee appears to have no problems violating those rules for other publications that either are controlled by foreign governments and/or large companies:

• Several credentialed organizations are government agencies:  Xinhua News Agency, the official press agency of the People’s Republic of China; Saudi Press Agency, an organ of the Saudi Ministry of Information; Itar-Tass News Agency, the central information agency of Russia;  Akahata, the official paper of the Japanese Communist Party; and Notimex Mexican News Agency, which has an executive editor appointed by the President of Mexico and a governing board of representatives of five government agencies.
• Several credentialed organizations are affiliated with commercial businesses directly related to the subjects they cover:  Energy Daily has several credentialed reporters, and it is owned by a substantial provider of energy consulting services, IHS, Inc.; LRP Publications has credentialed reporters, and also puts on trade shows and conferences; MLEX has credentialed reporters, and provides clients with “Market Insight” and “Predictive Analysis of Regulatory Risk.”

Goldstein wonders how it could be that SCOTUSblog, which is widely respected for its reporting on the Court, somehow creates "a greater risk of entanglement of journalism and other activities than state-sponsored news organizations."

A NY Times article about this quotes someone noting that the whole setup is one of "the fox guarding the henhouse." Though, it's not even clear that's the right analogy. This seems more like petty tyrants using their power to exclude someone who often does their job better than they do. And the whole show trial aspect of forcing SCOTUSblog to attend a "hearing" where a giant stack of "evidence" is presented against them merely confirms the travesty of the whole situation. The members of the Standing Committee of Correspondents should be ashamed of themselves. Just admit the facts and grant SCOTUSblog a press pass.

Filed Under: accreditation, journalism, lyle denniston, press, press pass, scotusblog, senate, standing committee of correspondents, supreme court, tom goldstein