Balkinization   |
Balkinization
Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts What Does the Web Mean for Newspapers?
|
Tuesday, April 29, 2008
What Does the Web Mean for Newspapers?
Neil Netanel
JB has graciously invited me to try my hand at blogging on information society issues. His invitation to blog follows on the publication of my book, Copyright's Paradox. So like many of you, I enter the blogosphere to discuss, elucidate, and (let's be honest) promote work produced in that venerable paradigm of old media, a hardcover book.
Comments:
Its not clear how such melodramatic dialog as "who will publish the last newspaper" will help news organizations adapt and survive. One may as well ask who made the last typewriter? Who used the last hand press? What edition of which paper was last printed on the steam press? How would those questions have served the news organizations of their respective day evolve?
As for a fourth estate function, its at this time quite questionable as to whether traditional news organizations can serve that function in the interest of society. Still, its more than clear that the vast majority of blogs cannot and do not supplant news organizations - something I would think a relief to journalists.
You had me with you on your description of the problems with the blogging community as news sources right up until you mentioned the traditional media's 'institutional commitment to accuracy'. Seriously, can anyone who's been watching how the media has covered pretty much anything done by the Bush administration claim that there's an 'institutional commitment to accuracy' at the major traditional news organisations? Look just at the recent (should have been) scandal about the compromised nature of retired military personnel as so-called independent analysts on the war; where was the commitment to accuracy there? You hear this kind of comment a lot, but I cannot see any demonstrated superiority in this respect of the traditional media over bloggers.
The logical and legitimate alternative to peer reporting is expert reporting. Newspapers do not offer this service. Their function seems largely stenographic at this point, with little challenge of the substantive claims with which they are presented. Their desire to be "tough" thus channels them into a dreadful focus on procedure, and we get flag pin questions masquerading as political coverage and outright propagandists masquerading as independent analysts.
It's a sick institution badly in need of radical transformation.
I call bs on this repackaging of the same old "journalists vs. bloggers" storyline. Let's take the anti-blogger screed line by line.
But blogs do not and cannot substitute for institutional news media in performing the still vital Fourth Estate function. Perhaps you should re-read Carlyle. His description of the Fourth Estate sounds a lot more like bloggers than the modern form of journalism. As studies show, the blogosphere is largely parasitic on media coverage. No, the studies describe linking behavior that you interpret as parasitic because you don't understand how blogs actually work. Calling out the Huffington Post based on two studies that describe events before the site was founded betrays a lack of "institutional commitment to accuracy" in my view. I'll skip the usual list of irrelevancies (apparently you're shocked that blogging and the institutional media are different) to which the only rational response is, "So?" to focus on the main canard. Bloggers also lack the financial resources for investigative reporting and fact-checking that mass media enjoy. Nor do they have the institutional commitment to accuracy. You might want to check out Josh Marshall's talkingpointsmemo.com. I hear they even won a George Polk award for legal reporting. They "led the news media in coverage of the politically motivated dismissals of United States attorneys across the country. Noting a similarity between firings in Arkansas and California, Marshall and his staff (with his staff reporter-bloggers Paul Kiel and Justin Rood) connected the dots and found a pattern of federal prosecutors being forced from office for failing to do the Bush Administration's bidding. Marshall’s tenacious investigative reporting sparked interest by the traditional news media and led to the resignation of Attorney General Alberto Gonzales." On the other hand, stories have already surfaced of reporters like Stephen Glass and Jayson Blair committing journalistic fraud, but comparing the worst of one form to the ideal of another is a ridiculous tactic.
To bitswapper, Peter, ADamiani, and William Ockham,
I appreciate your comments. I wholeheartedly (but sadly) agree that the press miserably fails to live up to its fourth estate ideal. But the judgment we must make in evaluating flawed instititions is always "As compared to what?" Even with its flaws, the institutional press has the ability to serve -- and aspires to serve -- fourth estate functions that individual bloggers do not and cannot. You all seem mostly to question the institutional commitment to accuracy. I do think the press -- certainly the elite press -- has that commitment. Stephen Glass and Jayson Blair were fired and the New Republic and New York Times disgraced by their journalistic fraud. The print media has castigated their TV news counterparts for using retired military as "independent analysts." Bloggers don't have that common institutional commitment (or call it "ideal" if you will). Nor do they have the financial wherewithal to back it up with investigative reporting and fact checking. The Huffington Post removes erroneous blog posts after the fact if it receives a round of reader complaints. But it does not commit to reviewing posts before posting (except perhaps for the posts on its home page). Don't get me wrong. As I said in my post, bloggers make an invaluable contribution to public discourse. But their contribution is different than that of the institutional press, and I think we need both. (Talking Points Memo may be an exception, but I don't see it as a scalable model to take the place of the institutional press.) Indeed, expressive diversity requires not just a variety of content, but a multiplicity of types of speakers. So our focus should be on how to maintain and improve the institutional press, not to celebrate its disappearance. More on that in later posts.
You all seem mostly to question the institutional commitment to accuracy. I do think the press -- certainly the elite press -- has that commitment. Stephen Glass and Jayson Blair were fired and the New Republic and New York Times disgraced by their journalistic fraud. The print media has castigated their TV news counterparts for using retired military as "independent analysts." Bloggers don't have that common institutional commitment (or call it "ideal" if you will).
Three comments: 1. It's unfair to compare the "elite press" with "all bloggers". Just as nobody believes the tabloids have any commitment to accuracy, so nobody believes that all bloggers do. But that's not the test. The test is whether the best of each do. 2. I think it's odd to cite the recent print media stories about retired military analysts in support of your claim. As has been widely noted (see here and related posts), the broadcast networks themselves have utterly failed even to mention this story. That failure actually undermines your claim regarding their commitment to accuracy. 3. If you're going to limit the "commitment to factual accuracy" to the kind of "media marketplace" example of the press finding flaws in broadcast journalism, then it's only fair to apply the same standard to bloggers. The better blogs DO check each other for factual errors (and political motivations create a strong incentive to do so), as do commenters on the blogs themselves. The "elite blogs" (just to carry over your reference to "elite media") make a point of correcting their factual errors when commenters or other blogs find mistakes. That's a standard that the "elite media" all too often fails to meet.
I appreciate your willingness to engage in dialogue (that's what good bloggers do). I'm not here to denigrate the institutional press or celebrate its demise. My comment was intended to denigrate your framing of the issue. Jay Rosen tried to declare the whole "bloggers vs. journalism" debate over in early 2005[1], but some folks (primarily in the institutional media) can't give up on it because it gives them an easily caricatured villain.
The problem for newspapers is that their business model is collapsing. Without the subsidy of advertising, there aren't enough people willing to pay for the privilege of reading newspapers. I would argue that, instead of trying to figure out how to save the institutional media, folks like you should focus on thinking about new business models that independently support investigative reporting or the exchange of views or whatever. The social and economic forces that bound investigative reporting and balanced op-ed pages together in one daily publication are waning. The institutional media doesn't have a copyright on journalism. [1]http://journalism.nyu.edu/pubzone/weblogs/pressthink/2005/01/21/berk_essy.html
Ron Steinman said of BVD-clad bloggers (I prefer "BVD-clad" to "Pajama-clad" because Hugh Hefner thinks of pajamas as formal wear) --
There is a growing and disturbing movement in the media for a new freedom that promotes the idea that whoever covers news, and believes they are journalists without credentials, can and should be their own editor, writing and saying what he pleases in his self-created Web log [and also arbitrarily censoring comments from those who disagree with him]. Everywhere I turn, those who call themselves serious journalists, some even using that grand and old fashioned phrase, the press, are assaulting us with the virtues of this new-found freedom. Thus, blog, the shortened version, is now the latest gobbledygook noun in the English language. Lewis Carroll would be proud. . . . .A major problem is bloggers who run items with no sources. When they cite sources, they are so tenuous as to make you pass Go and return the $200. When caught, the blog will sometimes print retractions quickly [a BVD-clad blogger is likely to just delete the comment that pointed out the error]. The problem is that the readers have become so undiscerning it makes no difference . As quickly as an item is found wrong and as quickly as the blog runs a correction, another rises to take its place. Accuracy has no place on many blogs.(bracketed comments are mine) Carolynne Burkholder wrote -- . . . . bloggers’ claims that they are the true citizen-journalists and that they can self-correct their errors is questioned by journalists and ethicists as self-serving rhetoric. Critics note cases where rumours were circulated by blogs and they were not proven to be false until much damage had been done to the reputation of career of a person or group. Self-correction by blogs is an imperfect process [and is made even more imperfect by the arbitrary censorship of comments]. Other critics accuse blogs of hypocrisy by claiming they believe in accuracy but they do not believe in editorial controls on postings prior to publication [BVD-clad bloggers also do not believe in any controls after publication]. Bloggers are also accused of wanting freedom without responsibility -- of reaching thousands of readers but rejecting calls for ethical codes and standards.(emphasis added; bracketed comments are mine) How in the hell can blogs present a variety of views and be self-correcting when so many bloggers arbitrarily censor visitors' comments?
Love is an untamed force. When we try to control it, it destroys us. When we try to imprison it, it enslaves us. When we try to understand it, it leaves us feeling lost and confused.
Post a Comment
Agen Judi Online Terpercaya
|
Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |