Posts Tagged ‘broadcasters’

Misleading audio clips and media transparency

In one of the standout instances of media misconduct during the run-up to the recent furor, NBC repeatedly aired, on “Today” and other shows, audio footage misleadingly edited so as to advance the proposition that George Zimmerman was suspicious of Trayvon Martin because of his race [Erik Wemple, Washington Post] While announcing that it had fired the unnamed producer it considered responsible, NBC was less than forthcoming about other details of the scandal, which — as Mickey Kaus points out — may have had a lot to do with its lawyers’ concerns about minimizing a possible defamation payout: “Like other tort laws, libel laws are in practice the enemy of transparency.”

Some have recalled the scandal in which “Dateline NBC” aired footage of supposedly exploding GM cars that in fact had been rigged with incendiary devices. But I’m actually more put in mind of a less celebrated media disgrace from the same era, the Texaco Tapes pseudo-scandal, in which (as I recount here) the New York Times and other outlets avidly promoted systematic misreadings of audiotapes in a hotly disputed racial-bias case, and failed to engage in adequate (or, really, any) soul-searching when the misreadings came to be exposed. In the Martin/Zimmerman case the questionable audio readings included the “two-shot” account influentially advanced by the New York Times when the case first broke nationally, and the supposed racial slur which dominated coverage for a couple of days before being (if the prosecutor’s affidavit is any indication) discreetly laid to rest.

More: Speaking of the New York Times, you have to wonder whether that paper has some sort of stylebook rule requiring it to keep misreporting what Stand Your Ground laws do [Jacob Sullum, more, earlier] And Tom Maguire notes that the paper’s latest editorial appear to be backing off its earlier assertions that the Zimmerman case will hinge on the state’s curtailing of the old “duty to retreat”: “The duty to retreat evidently extends to Times editors.” He also wonders whether, on the much-discussed question of whether Zimmerman flouted the advice of a 911 operator, the NYT editorialists read their own paper. Yet more: Maguire collects the media myths.

I have a new post at Cato rounding up many of my recent writings and broadcast appearances on the subject, under the title, “Why Is Press Coverage of the Martin/Zimmerman Case So Bad?”

Free speech roundup

  • Berkeley: “Police chief sends sergeant to reporter’s home after midnight to demand article revision” [Poynter] In 1932, a New York Congressman convened a hearing to blast theater critics for harming the welfare of Broadway shows [Philip Scranton, Bloomberg]
  • “Blasphemy and free speech” [Paul Marshall, Hillsdale “Imprimis,” PDF] “Egyptian Christian Imprisoned for 6 Years for Insulting Mohammed” [Volokh]
  • What is it about Montana and election free speech these days? [Volokh] Judge denies Ron Paul campaign request to unmask source of anti-Huntsman video [Paul Alan Levy, earlier] “Eliot Spitzer Bucks Liberal Orthodoxy: ‘Citizens United Was Correct'” [TheDC] If you rely on the NY Times for what you know about Citizens United, you’re probably misinformed [Wendy Kaminer, Atlantic]
  • “In which Ben Bagdikian, alleged scourge of media monopolies, frets at the possibility of more TV channels” [BBC via Jesse Walker]
  • Guernsey as a haven for libel tourism? [Annie Machon] “Someday I will commission a study of the relationship between defamation lawsuit threats and illiteracy.” [@Popehat on Gawker item]
  • “Key Techdirt SOPA/PIPA Post Censored By Bogus DMCA Takedown Notice” [Mike Masnick]
  • Overly aggressive trademark lawyers? “Their mothers love them too, in a prone-to-sudden-weeping sort of way.” [Popehat; earlier on Louis Vuitton v. Penn Law case]

July 7 roundup

  • Correct result, yet potential for mischief in latest SCOTUS climate ruling [Ilya Shapiro/Cato, my earlier take]
  • Wouldn’t even want to guess: how the Howard Stern show handles sexual harassment training [Hyman]
  • Philadelphia: $21 million award against emergency room handling noncompliant patient [Kennerly]
  • Antitrust assault on Google seems geared to protect competitors more than consumers [Josh Wright]
  • “They knew there was a risk!” Curb your indignation please [Coyote]
  • Theme issue of Reason magazine on failures of criminal justice system is now online;
  • “Why Your New Car Doesn’t Have a Spare Tire” [Sam Kazman, WSJ]

May 20 roundup

December 20 roundup

  • Texas Gov. Rick Perry may urge the state to take a step toward loser-pays [NJLRA]
  • “FCC push to regulate news draws fire” [The Hill]
  • Could litigation on behalf of Madoff victims get more than all their money back? [Salmon, more, NYT, Above the Law]
  • “Chevron Says Documents Show Ecuador Plaintiffs Worked With Government” [Dan Fisher/Forbes, more]
  • Organized trial lawyers expect to fare less well in next Congress, but prospects for actual liability reform remain slender [Joseph Weber/Wash. Times, Matthew Boyle/Daily Caller]
  • Mount Laurel rulings in New Jersey (towns given quotas to build low-income housing) described as “libertarian”, I express doubts [Hills, Prawfsblawg]
  • Criminal law’s revolving door: “prosecutors turn up the fire and then sell extinguishers” [Ribstein, TotM]
  • The wages of unconstitutionality: a Utah attorney’s curious fee niche [five years ago on Overlawyered]

July 27 roundup

  • Dodd-Frank major oops: Faced with new liabilities, agencies refuse to let their ratings be used in bond issuance [WaPo, Salmon] SEC scurries to suspend requirement for six months while it figures out what to do [Salmon]
  • Left-leaning law lectern: study of newly hired lawprofs identifies 52 liberals, 8 conservatives [Caron, ABA Journal, Lindgren/Volokh]
  • “Progress in protecting gripe site owners against silly trademark claims” [Levy, CL&P]
  • “Congress Investigates Beck, Ingraham Advertisers” [Stoll]
  • “Uncle Sam Kicks Out Legal Immigrants for Down Profits in Recession” [Shapiro, Cato]
  • Judge punishes Goodyear for discovery heel-dragging by denying it chance to disprove liability in $32M case [Las Vegas Sun]
  • “$2.3M verdict against Dole thrown out on fraud grounds” [PoL, background]
  • Paul Campos vs. Elena Kagan: this time it’s personal [Lawyers Guns & Money]