Tag Archives: free press

Trump’s Not The Only One Undermining the Rule of Law

One of the many reasons Trump’s pardon of Arpaio was so appalling was the nature of Arpaio’s behavior during the years he was sheriff. Trump’s pardon essentially endorsed the abuse of power.

Every time a public official–cloaked in the authority of the state–engages in self-serving, corrupt or unlawful behaviors, government legitimacy suffers. The most central principle of the rule of law is that no one is above it; the rules apply equally to the governed and those who do the governing.

Of course, if we don’t know what government officials are doing, we can’t enforce the rules.

One of the reasons our Constitution explicitly protects freedom of the press is because the press acts as a “watchdog,” ferreting out official misconduct. When Trump attacks unflattering coverage as “Fake News,” when Arpaio criticizes the press for pointing out that his actions are racist, they are attempting to delegitimize a critical element of Constitutional accountability.

Mother Jones recently provided an excellent example of how the system is supposed to work.  The magazine investigated and uncovered a Judge’s conflict of interest in the aftermath of an immigration raid that netted 400 undocumented workers. As the article notes, such workers are

usually charged with civil violations and then deported. But most of these defendants, shackled and dragging chains behind them, were charged with criminal fraud for using falsified work documents or Social Security numbers. About 270 people were sentenced to five months in federal prison, in a process that one witness described as a “judicial assembly line.”

Overseeing the process was Judge Linda R. Reade, the chief judge of the Northern District of Iowa… The incident sparked allegations of prosecutorial and judicial misconduct and led to congressional hearings. Erik Camayd-Freixas, an interpreter who had worked at the Waterloo proceedings, testified that most of the Spanish-speaking defendants had been pressured to plead guilty…

Yet amid the national attention, one fact didn’t make the news: Before and after the raid, Reade’s husband owned stock in two private prison companies, and he bought additional prison stock five days before the raid, according to Reade’s financial disclosure forms. Ethics experts say these investments were inappropriate and may have violated the Code of Conduct for United States Judges.

The subsequent discovery of emails and memos from Immigration and Customs Enforcement showed that in the months leading up to the raid, Judge Reade had repeatedly met with immigration officials and federal prosecutors. She had also attended a meeting with officials from the US Attorney’s Office where “parties discussed an overview of charging strategies,” according to ICE memoranda. In those meeting she learned that about 700 arrests were anticipated.

I’ve previously argued that prisons should never be privatized. Not only is incarceration an inherently governmental function, but the private prison industry lobbies (often successfully) for counterproductive public policies. Currently, CCA and Geo, the two largest prison companies, are actively resisting criminal justice reforms and the decriminalization of marijuana. The Mother Jones article points to a less-recognized danger–public officials succumbing to the temptation to “enhance” the value of their investments.

Today, dozens of people who were sentenced by Reade while her husband owned prison stock remain behind bars. According to the US Sentencing Commission, the Northern District of Iowa, where Reade sits, sends a significantly higher proportion of defendants to prison, and with longer sentences, than the national average.

Can we spell “appearance of impropriety”?

 

Rupert Murdoch and Climate Change

One of the most thoughtful commenters to this blog recently sent me an interesting–albeit disquieting–article from Mother Jones. The subject was climate change and the curious fact that the countries with the largest numbers of skeptics were all English-speaking:  U.S., England and Australia. Canada wasn’t in the bottom cluster, but it was close.

Why would the English language correlate with climate skepticism? As the author, respected science reporter Chris Mooney, notes

There is nothing about English, in and of itself, that predisposes you to climate change denial. Words and phrases like “doubt,” “natural causes,” “climate models,” and other skeptic mots are readily available in other languages. So what’s the real cause?

Mooney quotes political scientists for (pretty unpersuasive) theories linking neoliberalism with denialism, but then he suggests a simpler–and very troubling–explanation:

The English language media in three of these four countries are linked together by a single individual: Rupert Murdoch. An apparent climate skeptic or lukewarmer, Murdoch is the chairman of News Corp and 21st Century Fox. (You can watch him express his climate views here.) Some of the media outlets subsumed by the two conglomerates that he heads are responsible for quite a lot of English language climate skepticism and denial.

In the US, Fox News and the Wall Street Journal lead the way; research shows that Fox watching increases distrust of climate scientists. (You can also catch Fox News in Canada.) In Australia, a recent study found that slightly under a third of climate-related articles in 10 top Australian newspapers “did not accept” the scientific consensus on climate change, and that News Corp papers—the Australian, the Herald Sun, and the Daily Telegraph—were particular hotbeds of skepticism. “The Australian represents climate science as matter of opinion or debate rather than as a field for inquiry and investigation like all scientific fields,” noted the study.

And then there’s the UK. A 2010 academic study found that while News Corp outlets in this country from 1997 to 2007 did not produce as much strident climate skepticism as did their counterparts in the US and Australia, “the Sun newspaper offered a place for scornful skeptics on its opinion pages as did The Times and Sunday Times to a lesser extent.” (There are also other outlets in the UK, such as the Daily Mail, that feature plenty of skepticism but aren’t owned by News Corp.)

I have long been a free speech purist–and I remain convinced by John Stuart Mill’s argument that only the freest expression and most robust exchange of ideas  will yield Truth (note capital T). Climate skeptics are entitled to their say, and Faux News is entitled to spew demonstrable inaccuracies and falsehoods on this and all manner of other issues, no matter how maddening some of us find that and no matter how much damage their fabrications do to our ability to produce sound public policies.

Ideally, a few wealthy individuals would not be allowed to dominate the media (the right to free expression does not include the right to crowd out dissenting opinions), but in the age of the Internet, restrictions on the number of media outlets one corporation can control are arguably unnecessary, and unlikely in any event.

We’ll just have to hope that Mill and others were right–that people will examine the information they are being fed, consider the sources of that information, and come to rational conclusions. And perhaps that’s happening; Fox News has been losing market share for the last few years.

We can hope….