Two Analysis Papers
paper 2/Debate 4 Yes.pptx
Watchdog Journalism
What is Watchdog Journalism
“It is a style of writing or broadcast aimed at identifying a current societal problem, either hidden or overt, and offering opinion on necessary action.”
How to do watchdog journalism
Watchdog Reporting Covers:
Personal Scandals
Financial Wrongdoing
Political Corruption
Self-Enrichment in Public Office
Other types of wrongdoing
Role of Media
Public Interest
Warn Citizens
Regulation of
Government
Industry
Society in General
Is the media satisfactorily doing its duty to serve the role of watchdog for the community in society?
YES!!!
Source: Google Image
Political Safety
Watergate scandal
major political scandal
occurred in the United States during the early 1970s
a break-in by 4 Cuban Americans and 1 American at the Democratic National Committee (DNC) headquarters at the Watergate office complex in Washington, D.C. on June 17, 1972.
reporting of Bob Woodward and Carl Bernstein on the Watergate scandal for The Washington Post and the subsequent resignation of U.S. president Richard Nixon in 1974.
Prism
a code name for a program under which the United States National Security Agency (NSA)
collects internet communications from at least nine major US internet companies.
collects stored internet communications based on demands made to internet companies
Snowden copied and leaked classified information from the National Security Agency (NSA) in 2013 without authorization.
His disclosures revealed numerous global surveillance programs, many run by the NSA and the Five Eyes Intelligence Alliance with the cooperation of telecommunication companies and European governments.
(A well-known example is the reporting of Bob Woodward and Carl Bernstein on the Watergate scandal for The Washington Post and the subsequent resignation of U.S. president Richard Nixon in 1974. )
Prism
Food Safety
A phone conversation captures
One former employee -- a mom, was so disturbed by the spoiled food.
She had her husband call the local health services department.
And it took them five days to finally come out and investigate!
By then all the spoiled chicken had been cooked and served, but the smell still lingered.
At least KFC corporate was concerned enough that they shut down the store for a week to investigate and to retrain its employees.
Supposedly a phone conversation captures the manager telling and employee to cook what she could of the spoiled chicken (just not the worst of it) and then change the dates on the boxes.
One former employee -- a mom, was so disturbed by the spoiled food that she had her husband call the local health services department. And it took them five days to finally come out and investigate! By then all the spoiled chicken had been cooked and served, but the smell still lingered.
At least KFC corporate was concerned enough that they shut down the store for a week to investigate and to retrain its employees.
Russia Interference with US Presidential Election
Reported on Russian interference in the US presidential election in 2016
The media/Facebook uncovers fake Russian Facebook accounts
Exposes the scandalous activity during the election
*Keep citizens updated with the story & uncover “political fraud/corruption”*
https://www.nytimes.com/2017/09/06/technology/facebook-russian-political-ads.html
https://www.nytimes.com/2017/10/30/us/politics/special-counsel-indictments.html
http://www.washingtontimes.com/news/2017/jul/10/watchdog-trump-jr-meet-russian-lawyer-broke-law/
http://www.latimes.com/opinion/op-ed/la-oe-johnson-real-media-threats-20171020-story.html
Publication of the Pentagon Papers in 1971
Pentagon Papers = US & Vietnam Relations 1945-1967
The media watchdog pressured the government to release information
*The Papers revealed that the US government intentionally expanded its war with bombings into Cambodia and Laos*
Conclusion
Media treats any kind of corporations equally, no matter the size or performance
Immediate disclosure builds a safety net for community stability in society
Warning by risk of disclosure, corporations are more careful with public safety to avoid scandals
References
https://www.ee.columbia.edu/~shane/words/watchdog.htm
Coronel, Sheila.“Corruption and the watchdog role of the news media”.
http://thestir.cafemom.com/food_party/143396/fast_food_workers_claim_they
http://www.history.com/topics/watergate
https://www.theguardian.com/world/2013/jun/09/edward-snowden-nsa-whistleblower-surveillance
https://www.nytimes.com/2017/09/06/technology/facebook-russian-political-ads.html
https://www.nytimes.com/2017/10/30/us/politics/special-counsel-indictments.html
http://www.washingtontimes.com/news/2017/jul/10/watchdog-trump-jr-meet-russian-lawyer-broke-law/
http://www.latimes.com/opinion/op-ed/la-oe-johnson-real-media-threats-20171020-story.html
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__MACOSX/paper 2/._Debate 4 Yes.pptx
paper 2/.DS_Store
__MACOSX/paper 2/._.DS_Store
paper 2/Individual White Paper.docx
Individual White Paper:
A “white paper” is a policy analysis of a particular issue. Here, you’re doing a white paper on your own (Individual White Paper) about the topic you debated.
In your Individual White Paper, you’ll be summarizing and explaining arguments on both sides of the issue and then – like a true white paper on any topic – proposing a solution and making specific recommendations to solve the problems presented. You’ll need to specify how this solution works for all the stakeholders involved.
Your Individual White Paper may choose to include arguments that were not made in the Debate if you think they are relevant to the issue.
There is no length requirement for the individual white paper; it is totally up to you to cover what needs to be covered.
Be sure to check out the rubric for the Individual White Paper so you cover all the bases. Note that the quality of your proposed solution carries twice as much weight as any of the categories.
This is not just a summary of the Debate – it needs to stand on its own. You are welcome to incorporate parts of your team’s presentation, slides, parts from the other team’s presentation (if they share it) and/or additional research. Be sure to cite what you use in any logical format that would allow the reader to understand what you are referencing.
Here is the topic:
Debate: Media and Community as Stakeholders
Is the media satisfactorily performing its duty to serve the role of watchdog for the community in society?
And the answer of my group is YES.
Please include the sources I attached and below.
1. There might be fracking wastewater on your organic fruits and veggies”
http://www.motherjones.com/blue-marble/2015/08/organic-crops-can-be-irrigated-fracking-wastewater
2. "How a small town is standing up to fracking …"
http://www.rollingstone.com/politics/news/how-a-small-town-is-standing-up-to-fracking-w482577
3. "Poll finds huge gap in how GOP, Dems view the media’s watchdog role"
http://www.nbcnews.com/politics/first-read/poll-finds-huge-gap-how-gop-dems-view-media-s-n757316
4. "My beef with big media"
http://www.washingtonmonthly.com/features/2004/0407.turner.html
5. "These 6 corporations control 90% of the media in America" (infographic)
http://www.businessinsider.com/these-6-corporations-control-90-of-the-media-in-america-2012-6
6. “Why do Americans distrust the media?” https://www.theatlantic.com/business/archive/2016/09/why-do-americans-distrust-the-media/500252/
7. “The U.S. media’s problems are much bigger than fake news and filter bubbles”
https://hbr.org/2017/01/the-u-s-medias-problems-are-much-bigger-than-fake-news-and-filter-bubbles
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Criteria |
1 |
2 |
3 |
4 |
5 |
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Quality and Clarity of Arguments to Support Position
*How strong, persuasive, and clear were your final arguments? |
Arguments were weak in persuasive value |
Not bad, but arguments aren’t that persuasive |
Somewhat persuasive arguments (to a friendly audience) |
Very good and persuasive arguments |
Excellent and very compelling, persuasive arguments |
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Quality of Research and Sources to Support Arguments
*How well did you use and cite sources? |
No research evident |
Some research to support arguments, but it is not clearly linked |
Some research to support arguments, more would have been helpful |
Very good research to support arguments |
Thorough and outstanding research in support of arguments |
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Presentation of Opposing Arguments
* How well did you understand and present the opposing arguments (from opposing team or on your own)? |
Arguments disjointed and unclear |
Arguments were hard to understand |
Arguments were explained somewhat clearly |
Arguments very well explained |
Arguments very thoroughly explained and visually shown |
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Your Proposed Solution Presented
*How well did you consider both sides’ arguments and stakeholders’ interests in crafting a proposed solution? Worth twice as much as other categories (2x) |
Solution was weak in persuasive value and/or support |
Not bad, but solution didn’t adequately balance both sides (too biased toward one side) |
Decent solution in terms of opposing viewpoints, but not convincing it would work for those involved |
Very good and well argued solution; would likely work with some snags |
Excellent and very compelling solution – wish you were running the world on this issue |
(2x) |
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Total Score (Possible 25) |
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__MACOSX/paper 2/._Individual White Paper.docx
paper 2/sources/2 How a Small Town Is Standing Up to Fracking - Rolling Stone.pdf
How a Small Town Is Standing Up to Fracking Grant Township, Pennsylvania, population 741, has became the front line of a radical new environmental movement – and they're not backing down May 22, 2017
Stacy Long, on her property in Grant Township (right), has been fighting to stop her town from being used as a toxic waste dump. Mike Belleme for Rolling Stone
On October 24th, 2012, several agents from Pennsylvania General Energy, an oil-and-gas exploration company, met privately with local officials from the rural western Pennsylvania community of Grant Township. Fracking was booming in Pennsylvania, and PGE had been trucking tens of thousands of gallons of fracking wastewater to faraway injection wells in Ohio. Developing
an injection well somewhere in Pennsylvania could save the company around $2 million a year, and Grant Township, a swath of woods and hayfields slightly larger than Manhattan and populated by a mere 741 people, seemed like an especially good spot.
Most of the meeting's attendees – which included the three Grant Township supervisors, a rep from the local state senator's office and an official from the county's office of planning and development – will not speak about the event. But about 10 months later, one of the supervisors passed along a notice to a retired elementary-school teacher named Judy Wanchisn. In lettering so small "you need a magnifying glass to read," says Wanchisn, the notice declared that the U.S. Environmental Protection Agency "plans to issue an Underground Injection Control (UIC) permit to PGE . . . to construct and operate one class II-D brine disposal injection well." Wanchisn had no idea what that meant, but she could tell it was bad.
Wanchisn, now 74, lives about a mile from the proposed injection-well site, in a modest white ranch house overlooking East Run, a creek that's popular with anglers and home to an ancient salamander species called the hellbender. She was born and raised in Grant Township and taught elementary school for 20 years in the neighboring community of Purchase Line. When she received the EPA announcement, she was enjoying her retirement, spending days with grandkids and girlfriends, gardening and taking care of her husband, who has a heart condition. But she soon found herself spending more time in front of the computer, researching injection wells.
Fracking involves sending millions of gallons of chemical-laden pressurized fluid into deep layers of rock, creating fractures that release trapped oil and gas. In the past decade, Americans have been enjoying the cheap domestic energy resulting from the fracking boom, which now produces two-thirds of the country's natural gas and half of its oil. But fracking has also created its share of unwanted byproduct. Some 36,000 oil-and-gas wastewater-injection wells – disposal sites for the fluid that seeps to the surface after a well is
fracked – lie sunk across our land. Pennsylvania presently has only eight active injection wells, but several are in the process of being permitted. And as the incredibly gas-rich Marcellus shale layer is developed, along with another massive shale layer a few thousand feet beneath it called the Utica, there will surely be more to come.
Fracking wastewater is a toxic brew containing some of the carcinogenic and flammable chemicals left over from the fracking process, as well as heavy metals and radioactive elements like radon and radium that seep out of deep rock layers. Between 2005 and 2014, America pumped approximately 189 billion gallons of fracking wastewater down injection wells, the equivalent of letting the full force of Niagara Falls gush directly into the earth for 14 and a half days. "They started drilling without having any idea what they are going to do with the waste," says Penn State ecologist William Hamilton, who writes a blog about western Pennsylvania. "To me, pumping it into the ground seems like a very foolish way to dispose of a toxic material. There are going to be gigantic, unknown and long-term consequences to this."
Oil-and-gas companies in Pennsylvania once delivered fracking wastewater to sewage-treatment plants. But in the summer of 2008, residents began noticing that their water had developed a funny taste and their dishwashers were malfunctioning. A steel plant reported the water was corroding its machinery. Last year, the EPA banned the practice. The majority of fracking wastewater produced in Pennsylvania is now treated in industrial facilities and reused in fracking wells. Eventually, the mixture becomes too toxic to handle, at which point it is pumped into an injection well. In 2011, a well operated by EXCO Resources oozed waste for four months into a remote forest in central Pennsylvania. A landmark study published last year in Environmental Science & Technology, co-authored by scientists at the U.S. Geological Survey, determined that a West Virginia injection-well site was "impacting the stream that runs through the area." USGS studies have also linked injection to earthquakes in Ohio, Arkansas and Oklahoma.
Essentially, Wanchisn learned, the ground beneath her would be used as a vast toxic-waste storage locker. PGE planned to inject 42,000 gallons of fracking wastewater a day into a layer of rock 7,500 feet beneath the ground, where it was to remain for eternity. The pumping would continue 24 hours a day, every day, for half a generation or more – Wanchisn's teenage grandchildren could be married with children, and PGE would still be injecting fracking waste.
Judy Wanchisn, who rallied neighbors to fight back. "People didn't want anyone messing around with their water," she says. "They understand 'you poison my water and I don't have a home.'" Mike Belleme for Rolling Stone
In October 2013, about 30 residents raised safety issues with the EPA at a public hearing in Grant Township's small municipal building. The president from the local chapter of the League of Women Voters, Sherene Hess, worried about the durability of the well's cement casing, along with the rock layers' ability to hold the waste. Others expressed concerns about seismic faults and the toxicity and radioactivity of the fracking wastewater. Plans to monitor the
well were lacking, and there were unresolved issues concerning the hazards of transporting waste to the site. "What we don't know about injection wells," Hess told the assembly, "may, in fact, hurt us."
After the meeting, Wanchisn assumed the system had worked: The community had presented a well-researched array of scientific facts and formally filed its complaints. How could the federal government's environmental watchdog permit a well in a town that widely opposed it? For five months, Wanchisn heard nothing. Then, in March 2014, she received a letter from the EPA. The injection well had been approved. "We were novices," she says. "We thought someone was going to save us, but what we hadn't yet realized was that no one was going to save us but ourselves."
Despite calls from Donald Trump and his EPA administrator, Scott Pruitt, to roll back "out of control" environmental regulations, in reality, the federal government rarely blocks projects outright. Battles tend to unfold within the regulatory system once a project gets the green light – a community marks out a certain threshold for pollution and tries to ensure the polluting industry stays below that mark. When it comes to fracking, the EPA has been especially business-friendly, declaring injection "a safe and inexpensive option for the disposal of unwanted and often hazardous industrial byproducts," and has approved thousands of wells across the country.
"Americans are often under the belief that the EPA or their local state environmental agency is going to save them from environmental pollution, and that is simply not the case," says Leila Conners, a documentarian whose 2016 film, We the People 2.0, examines how corporations undermine American democracy. "What people have to realize is that they are participating in a system that is not working. Across our country right now, companies are allowed to dump their waste pretty much for free."
But as construction on the injection well neared, Wanchisn and the other Grant Township residents began to wonder why they had to accept the EPA's ruling at all. With the help of outside advocates, the small community landed
upon a radical strategy: It adopted an ordinance that granted residents the right to local self-government, essentially seizing the power to bypass the EPA. According to the new laws of their renegade township, not only could humans defend themselves against PGE, but so too could the streams, the salamanders, the hemlock trees, the very soil underground. As outrageous as it might seem, the move thrust Grant Township onto the front line of a new environmental movement: It's the battle to grant legal rights to nature. And amazingly, it appears to be working.
The injection-well site in Grant Township. Mike Belleme for Rolling Stone
A few hours from Grant Township, in Mercersburg, Pennsylvania, is a small organization called the Community- Environmental Legal Defense Fund. CELDF has a staff of about a dozen and an annual operating budget of just $900,000 (the Sierra Club's is $100 million). Co-founded in 1995 by an Alabama-born lawyer named Thomas Linzey and his then-partner Stacey Schmader, CELDF began as a traditional environmental firm, helping communities fight toxic projects. But the work was discouraging. CELDF
would sue over a problem with a proposal, and the company would submit an amended permit, which was then approved. "We got invited to the White House, and we met Al Gore," says Linzey. "But all the liberal progressive community cared about was that we were enforcing existing environmental laws. No one seemed to care that the community we were fighting for still got a new toxic-waste incinerator."
The disconnect led Linzey to recall a landmark 1972 paper he read in law school: "Should Trees Have Standing? Toward Legal Rights for Natural Objects." "I am quite seriously proposing," wrote its author, Christopher Stone, "that we give legal rights to forests, oceans, rivers and other so-called 'natural objects' in the environment – indeed, to the natural environment as a whole." Stone defended the theory by urging readers to consider the nation's dark past: Children as young as eight once worked in American factories; until 1920, women in most states couldn't vote, serve on juries or sue in court; and 160 years ago, African-Americans were sold on auction blocks. "The fact is, that each time there is a movement to confer rights onto some new 'entity,' the proposal is bound to sound odd or frightening or laughable," wrote Stone. "This is partly because until the rightless thing receives its rights, we cannot see it as anything but a thing for the use of 'us' – those who are holding rights at the time."
Under Linzey's direction, CELDF was transformed into a civil-rights group for the environment. It has since helped about three dozen communities across the country draft laws to grant legal rights to nature. They have fought the oil-and-gas industry, factory farms, sludge haulers and other polluters. The plan, says Linzey, is to inject the idea of rights of nature into the national dialogue by working community by community. The ultimate goal is to work with legislatures to introduce rights-of-nature language into state constitutions and, eventually, the U.S. Constitution.
Wanchisn contacted CELDF in April 2014. Initially, the conversation did not go well. An energetic Pennsylvania organizer named Chad Nicholson
explained to her the group's rights-of-nature mission. "It was like he was talking Greek," says Wanchisn. "We butted heads."
But Nicholson also offered insight into Grant Township's experience with the EPA. "The regulatory system is cooked," he told Wanchisn. "Its DNA does not allow communities to actually say no to things and protect their environment. Communities are then left arguing over the details of a permit granted to a corporation, but what a permit does is allow a certain amount of illegal activity to go on in the community. A permit is about negotiating the rate of destruction, not stopping it." The only way to prevent contamination, he said, was to never let the corporation into their community in the first place. Wanchisn liked that approach. She didn't want a judicious permit; she wanted no injection well. In that case, Nicholson said, this "is not a pollution problem; it is a democracy problem."
Stacy meets with Chad Nicholson at her home in Grant Township on Thursday, April 27. Mike Belleme for Rolling Stone
By then, Grant Township had a new lead supervisor, a passionately conservative former coal-company executive named Fred Carlson. "If there's anyone who should be going along with this thing, it's me," Carlson says of the injection well. "But you have to think about the generations to come. And one of the biggest resources that this country has is clean fresh water." He was eager to work with CELDF, which helped write a community bill of rights that made it illegal within the township to operate injection wells. The ordinance would also give residents the right to local self-government and grant "natural communities and ecosystems within Grant Township, including . . . rivers, streams, and aquifers . . . the right to exist, flourish, and naturally evolve."
On CELDF's recommendation, Wanchisn, along with her eldest daughter, Stacy Long, and a family friend, founded an environmental organization called the East Run Hellbenders Society. They went door-to-door explaining why the ordinance was the only way to stop the injection well. "It didn't matter if they were Democrats or Republicans," says Wanchisn. "People didn't want anyone messing around with their water. They understand 'You poison my water and I don't have a home.' "
For the Pennsylvania oil-and-gas industry, the ordinance was a call to war. PGE sent a team of lawyers from Pittsburgh to the June 2014 township meeting where the ordinance was put to a vote. This time, more than 50 people showed up, many of them spilling out of the tiny municipal building into the parking lot. "PGE does not want to fight," the company's attorney, Blaine Lucas, told the crowd, urging a rejection of the ordinance. "If it goes to federal court, and I don't want to saber rattle here . . . there's a possibility the township could be required to pay our attorney fees."
Carlson fired back. "The only reason that I can see that you gentlemen are here is that Grant Township is a very small township," he said. "We're being picked on. We're not happy with it." He asked the room for a show of hands. Nearly everyone favored the bill. "Our ordinance is passed," Carlson declared.
"You boys know where we're at. If there's a problem, go at it."
Before summer was out, PGE filed a furious 19-page lawsuit in federal court, calling Grant's ordinance a violation of PGE's constitutional rights. "Grant Township's conduct," the suit claimed, "is deliberate, arbitrary, irrational, exceeds the limits of governmental authority, amounts to an abuse of official power and shocks the conscience." In October 2014, the Pennsylvania Independent Oil and Gas Association, or PIOGA, a powerful lobbying group, motioned to intervene on PGE's behalf. Grant Township wasn't just up against a single energy company anymore – it was up against the entire industry. Linzey had predicted the blowback. "To expect a fully formed legal theory initially out of rights-of-nature is just ridiculous," he says. "It takes actual conflicts to build that body of law."
In response, he urged Wanchisn and the other East Run Hellbenders, along with the local watershed – that is, the body of water itself – to file a motion to intervene on the township's behalf. It was Christopher Stone's theory put into action, and the oil-and-gas industry was not amused.
"Utter bull crap of the highest order," read a post on Marcellus Drilling News, a popular industry blog. "But a dangerous precedent if allowed. We can see your dog suing you, the trees that ring your property suing you, wrongful death lawsuits for killing a snake. . . . An ecosystem filing a lawsuit would be funny, if it weren't such a tragically vicious attack against the fabric of this country and the HUMANS that live in it."
A year later, Judge Susan Paradise Baxter of the U.S. District Court for the Western District of Pennsylvania rejected the watershed's attempt to intervene in the case and overturned the township's ordinance. The takeaway was clear. Grant Township had no right to deny a corporation its right to inject fracking waste. "Although Defendant wishes it were not so," wrote Judge Baxter, "the development of oil and gas . . . is a legitimate business activity and land use within Pennsylvania."
Supervisors Fred Carlson (left) and Jon Perry (center) led the council's opposition to the well. Chauncey Ross/Indiana Gazette
Since the election of Donald Trump, the Republican-controlled Congress has already attempted to nix an Obama rule meant to limit oil-and- gas companies from flaring methane, which releases the potent greenhouse gas and other toxins into the atmosphere. It has also rolled back a regulation that prevented mining companies from removing mountaintops and dumping the leftover debris into nearby river valleys. According to a statement issued by the White House in early February, the administration intends to further "nullify unnecessary regulations imposed on America's businesses." All of which underscores for Linzey that protecting the environment in Trump's America will require an epic fight. "Unfortunately, traditional liberal environmentalists are scared to death of that confrontation," he says. "We have to understand change doesn't come from comfort."
For Linzey, the battleground could not be more fundamental. Congress' power to regulate state policy is laid out in Article I, Section 8, Clause 3 of the U.S. Constitution: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." The Commerce Clause, as it's known, binds 50 sovereign territories into the United States of America. The Civil Rights Act of 1964 became law because discrimination was found to have a substantial effect on interstate commerce. The Clean Water Act, Clean Air Act and Endangered Species Act share a similar story. In America, social and environmental justice hangs on commerce. And American corporations have feasted off this arrangement. "Our constitutional structure is an archaic suicide pact," Linzey says. "You are looking at a system of law that elevates rights of property and commerce above the rights of communities, people and nature."
The expansion of constitutional rights for corporations – commonly referred to as corporate personhood – began with an 1886 case involving the Southern Pacific Railroad. Chief Justice Morrison Waite, a corporate attorney who had never served a day as judge prior to joining the Supreme Court, determined the 14th Amendment, originally crafted to secure constitutional rights for freed slaves, applied to corporations as well. In 1906, corporations gained protection from unreasonable searches and seizures under the Fourth Amendment. A 1931 case involving a Russian shipbuilder protected corporations from unlawful government seizures under the Fifth Amendment. A series of cases in the 1970s granted corporations free-speech rights under the First Amendment, freedoms expanded in the 2010 Citizens United decision. Four years later, the Hobby Lobby case granted religious freedoms to corporations as well.
But the growing influence of corporations on all branches of the U.S. government has inspired an opposing narrative, albeit one on the fringes of legal theory: the development of a nature personhood. "Given the rigidity and hostility of the current Court's standing jurisprudence, the intransigence of Congress, and the over-crowded agenda of the Executive Branch,"
Georgetown legal scholar Hope Babcock wrote in a 2016 paper on the rights of nature in Ecology Law Quarterly, "this may be the only way to protect our disappearing natural resources."
That's where CELDF comes in. One of the organization's first cases involved Tamaqua, an eastern Pennsylvania community of about 7,000 people not far from Philadelphia. Decades of coal mining had formed massive pits across the landscape, which a number of sludge-hauling companies were using to dispose of human, hospital and industrial chemical waste, including coal ash, a powdery soot that, according to Physicians for Social Responsibility, can cause "heart damage, lung disease, respiratory distress, kidney disease . . . birth defects and impaired bone growth in children." In 2006, with the help of CELDF, the community passed an ordinance that banned dumping in the pits and declared that "natural communities, and ecosystems" be considered "persons." Chris Morrison, then Tamaqua's mayor, says, "I was just standing up for my environment, but there were other states and even other countries that contacted me for advice."
Most of the communities CELDF has worked with have been in Pennsylvania. The others are spread across the country, concentrated in states that value both the outdoors and industry: Washington, Oregon, Colorado, New Mexico, Ohio and New Hampshire. In 2007, an organization called the Pachamama Alliance contacted CELDF and arranged for Linzey and another attorney to travel to Ecuador, where they helped draft rights of nature into the country's new constitution. Three years later, Bolivia enacted the Law of Mother Earth, granting nature nearly a dozen rights, including the right to life and to exist. CELDF is presently working in Australia, Sweden and Nepal.
The movement has even spread back to one of its original wellsprings, among Native Americans. Last September, the Ho-Chunk Nation of Wisconsin became the first native tribe to begin the process of formally installing the rights of nature into their tribal constitution. Among other threats, oil-and- gas companies are mining the tribe's rich sand layers for use in fracking.
"This concept was always there," says Jon Greendeer, the executive director of Heritage Preservation with the Ho-Chunk Nation. "What the rights of nature does is translate our beliefs from an indigenous perspective into modern legislation."
But nowhere have the boundaries of the fight been more clearly defined than in Grant Township. Big Energy has put its full weight behind stopping rights of nature there because a victory for the town could set a precedent for others to fight back in America's fracking heartland. There's billions of dollars on the line, at a time when shale gas layers like the Marcellus have analysts trumpeting America's energy independence. "For the oil-and-gas industry, this rocks their world," says Linzey. "It means communities would have the power to say no to fracking and fracking waste, and these corporations would have to find a new line of work."
Protestors at the Pennsylvania Department of Environmental Protection Office. Nina Berman/Noor/Redux
In December 2015, a fleet of trucks commenced work at the site of the
proposed injection well. The chert-rock layer that PGE intended to fill with fracking wastewater had been mined since the late 1990s for its natural gas. But now the natural gas was nearly tapped out. To transform the site into an injection well, PGE needed to pump down fluids and observe how the well responded. This is called a manual integrity test, and for the residents of Grant Township it was a reasonable measure of how an around-the-clock industrial site would impact their community. "That was the worst week of my life," says Long, Wanchisn's daughter. "It was like an invading army set up camp."
Pickups and tanker trucks came and went. A giant drilling rig lit up the sky like a massive industrial Christmas tree. A security detail guarded the entire noisy operation. "We live here because it's quiet, peaceful and there's a sense of community," says William Woodcock, an interior decorator who works at Lowe's and lives in a 10,000-square-foot Grant Township estate that serves as a workshop for his partner, Jon Perry, a nationally renowned player-piano restorer. "But if I have to wake up to machinery running 24 hours a day, beaming lights that block out the stars and dumping toxic waste into the ground, the reasons to live here will be gone."
PGE's right to begin injecting waste in Grant Township was still far from assured. Although Judge Baxter had struck down Grant's community-bill-of- rights ordinance, CELDF offered another strategy. The judge's decision rested on the fact that Grant's regulations were trumped by state law. But a 1972 state act aimed at increasing the power of local government enabled Pennsylvania communities to adopt something known as a home-rule charter. This meant the municipality would no longer be hamstrung by state laws, and instead be bound by an agreement crafted and voted upon by its residents.
Wanchisn and Long once again hit the streets, joined by a growing number of local allies, including Long's husband, Mark, and Woodcock and Perry. Woodcock was particularly troubled by PGE's encroachment. He grew up on
a farm in western New York, not far from Love Canal, the infamous neighborhood built atop a chemical-waste dump. Images of the carcinogenic black sludge that oozed into the basements and backyards of Love Canal were seared into his mind. "Here was history repeating itself right on my doorstep," says Woodcock. "I needed to be a part of at least trying to make it stop."
Many of Grant's residents were initially wary of home rule. "They didn't understand it," says Wanchisn. "We had thrown a lot at them in a three-year period." But at the same time, town members had become increasingly willing to join the fight. "There's a fair degree of 'fuck you' in this area," says Perry. "We don't want people to come in and mess with us."
Not only did home rule pass in November 2015, by a margin of two to one, but both Perry and Long were elected town supervisors. Wanchisn and her rebel band had effectively taken over local government. According to the home-rule charter, which remains in effect, the injection of fracking waste in Grant Township is illegal, and nature has rights.
The decision did little to discourage PGE, which conducted the manual integrity test a month later. "CELDF is really pitching a form of anarchy here," says Kevin Moody, general counsel of PIOGA, the industry's lobby. "What these people are trying to do is a failed mission. And in the process it is costing our clients real money and time."
Moody, dressed in a plaid flannel shirt, with a close-cropped head of white hair and matching thin white beard, meets with me at a diner north of Pittsburgh. A couple of months earlier, in September 2016, Judge Baxter had released a statement that her ruling on the ordinance did not stand for the home-rule charter; PGE would have to file a separate lawsuit. While this seemed like a victory for Grant Township, it also meant more legal fees fighting PGE and PIOGA – all of which the town could eventually be responsible for in damages. Now, over a slice of pie, Moody tells me, "The ultimate irony in their position is that they want to deny rights to
corporations, which are composed of people, but they want to give rights to ecosystems, which can function fine without people."
An article in the Pittsburgh Post-Gazette reported that Moody was actively looking for a district attorney with the "intestinal fortitude" to charge Grant Township supervisors under a crime called official oppression. The offense, when government officials exceed their authority, carries a fine of up to $5,000 and a possible two-year prison sentence. At the diner, I ask Moody if he really aims to throw community leaders like Stacy Long and Jon Perry in jail. "It's an extreme measure," he says. "But it's one that is certainly in our toolbox."
In March of this year, the Pennsylvania Department of Environmental Protection reapproved PGE's Grant Township injection well, along with a well in nearby Highland Township, a community that has also been working with CELDF. The DEP, it turns out, has a history of overlooking pollution concerns. As the fracking boom kicked into high gear, complaints to the DEP skyrocketed, but the agency did not make any of them public until last year, when a Pittsburgh investigative nonprofit called Public Herald uncovered nearly 10,000 complaints dating back to 2004. Many are terrifying. "Complainant noticed an odor to water about a year ago," reads one from a woman in Washington County, south of Pittsburgh. "Son has been getting sick and having liver problems, dog has died."
As for Grant Township, the DEP claims to be working in the best interest of Pennsylvanians. "Our job is to administer the statutes passed by our general assembly," says Scott Perry, the agency's deputy secretary of oil-and-gas management. "And operating a disposal well is a lawful activity."
The new DEP permit requires PGE to monitor the Grant Township site with seismometers, and to shut down the well if it spurs earthquakes of 2.0 magnitude or greater. PGE has since appealed, saying the DEP lacks authority to impose these conditions. At the same time, the DEP has sued Grant and Highland townships, claiming that certain sections of their home-
rule charters unlawfully interfere with state oil-and-gas policies. Grant has filed a countersuit, defending the charter's legality. If nothing else, the rights- of-nature movement has held up the injection well in the courts for five years, with no end in sight.
Meanwhile, the home-rule charter still stands. Even if Judge Baxter strikes it down, Grant is prepared for a potentially confrontational resistance. Last year, the community received training from the Climate Disobedience Center and passed an ordinance legalizing civil disobedience. "If enforcement through nonviolent direct action is commenced," the document states, "this law shall prohibit any private or public actor from bringing criminal charges."
According to the Natural Resources Defense Council, the drinking water of 77 million Americans comes from sources that are untested or contaminated. As the Trump administration and Congress continue to dismantle environmental regulations, the question remains: Who will fight back? To some extent, we have already seen the answer. It is rural communities, it is poor communities, it is communities of color, places like Standing Rock, and Flint, Michigan, and Grant Township, vulnerable communities that again and again find themselves on the front lines of the fight for a cleaner world. These are the places where industry goes to dump its waste and do its dirtiest work. "It is areas that suck," says Long. "Areas that don't have a population, or at least a wealthy, educated population. It is areas like Grant Township. We are a sacrifice zone."
Grant Township's injection-well site is in a meadow across the street from the cemetery where Wanchisn's mother is buried. If PGE ignores the home-rule charter, which Moody says he would advise them to do, tanker trucks filled with fracking wastewater, a dozen or more a day, coming at all hours, would veer off Pennsylvania Route 286 at Purchase Line, where Wanchisn taught elementary school, climb up a hill and through a belt of forest, then wind back down on curves that for four to five months of the year are packed with snow and ice. At that point, Wanchisn and Long see two options. Greet the
first truck at the township line and explain to the driver that by injecting their payload they'd be breaking the law. And then, if the driver keeps driving, step into the street. "What else do we have to lose?" says Long. "I am going to put my body in front of a truck. Change happens because people stand up to fight."
__MACOSX/paper 2/sources/._2 How a Small Town Is Standing Up to Fracking - Rolling Stone.pdf
paper 2/sources/.DS_Store
__MACOSX/paper 2/sources/._.DS_Store
paper 2/sources/3 Poll Finds Huge Gap in How GOP, Dems View the Media's Watchdog Role - NBC News.pdf
8/10/2017 nbcnews.com
http://www.nbcnews.com/politics/first-read/poll-finds-huge-gap-how-gop-dems-view-media-s-n757346 3/3
A partisan gap has also grown when it comes to the media’s job approval ratings, although that change has been far less drastic.
And, regardless of party, most Americans say that national journalists are doing a lousy job.
Last year, only 28 percent of Democrats and 24 percent of Republicans said that the national media does “very well” at keeping them informed. In the latest poll, Republican job approval of the media has ticked down to 18 percent, while Democrats’ has ticked up to 33 percent.
__MACOSX/paper 2/sources/._3 Poll Finds Huge Gap in How GOP, Dems View the Media's Watchdog Role - NBC News.pdf
paper 2/sources/6 Why Do Americans Distrust the Media? - The Atlantic.pdf
Why Do Americans Distrust the Media? Donald Trump, anti-elite sentiment, and the dark side of media abundance Derek Thompson Sep 16, 2016
Do Americans “trust” “the media”? The question is often asked and often answered. But, to be fair, it’s not a very precise question.
Trust is a slippery measuring stick. Do I “trust” technology? Well, I trust strangers on Uber to be on time, but don’t trust my cable company to arrive within a four-hour window; I trust my iPhone to not explode, but don’t trust my email to be unhackable. Asking whether I trust “technology,” yes or no, is asking for an non-summarizable opinion of a diverse group of products and people, which fall along a continuum of confidence.
“The media,” like “technology,” is not a single tangible object, but rather an information galaxy, a vast and complex star system composed of diverse and opposing organizations, which are themselves composed of a motley group of people, each of whom are neither all good nor all bad, but mostly flawed media merchants, with individual strengths, weaknesses, biases, and blindspots. According to the Bureau of Labor Statistics, there are almost 200,000 Americans working for broadcast television and cable programming, 197,000 employed in digital publishing and broadcasting, 183,000 working for newspapers, 99,000 working for magazines, 86,000 in radio, and 64,000 employed in the editing and production of books. Asking survey respondents to briefly summarize their feelings about the daily work of one million strangers is asking for an impossible, and potentially meaningless, oversimplification, like, “Do you think food is too raw?” or “Is clothing red?"
With these enormous caveats out of the way, the fact remains that Americans’ “trust” in “the media” is falling steadily, according to Gallup. Even if the precise definitions of these terms is debatable, the overall decline is clear and noteworthy.
Gallup
This collapse in trust is not evenly spread across all demographics. The drop has been most dramatic among young and middle-aged respondents and, most recently, within the GOP. Together, it seems reasonable to conclude that the recent decline in media trust has been concentrated among middle-aged Republicans, a key part of the Trump constituency.
Gallup
What is behind this collapse? Here are four somewhat overlapping hypotheses.
1. It’s the media’s fault.
Certainly, when some people read the headline that trust in the media is falling, their response might be, "yes, and deservedly so."
Although a great deal of excellent journalism is produced every week, it is never hard to find the low-lights. This is hardly a new phenomenon. Twenty years ago in The Atlantic, James Fallows criticized newspaper reporters and the television shows for treating politics like a partisan tug-of-war in which policy issues were reduced to playing the part of the oft-forgotten rope. “The discussion shows that are supposed to enhance public understanding may actually reduce it, by hammering home the message that issues don't matter except as items for politicians to fight over,” he wrote.
Two decades later, many of Fallows’ observations are so fresh they could be auto-tweeted each morning. The last few months, in particular, have seen a
bonanza of false equivalence and theater criticism masquerading as political analysis during the election. Beyond the moral rot at the head of Fox News and Trump’s embrace of Breitbart (the Internet’s most crowded den of race- baiting conspiracy theories), even many major newspapers failing to properly cover the candidates’ many flaws. If public trust in the press has gone up in flames, there are more than enough media organizations to be held liable for the arson.
2. It’s the elections’ fault.
As the first graph indicates, American trust in mass media seems to decline around presidential elections. It fell in 2004, and again in 2008, and again in 2012, and now it's collapsed in 2016. Perhaps the hyper-politization of elections, which cleaves the electorate and entrenches two opposing viewpoints on a single national story, erodes public faith that “the media” can be fair to both camps.
This election campaign, however, is exceptional for the fact that Trump routinely so denounces the media for being unfair to him. This would explain why faith in the mainstream press has collapsed among middle-aged Republicans. Trump has even questioned conservative staples like Fox News and the Wall Street Journal, which would explain why we’re seeing an unprecedented drop in faith among the GOP in this election.
3. It’s modernity’s fault.
It would be easier to blame the press exclusively if faith in the media were declining at a time when trust in the rest of the nation’s institutions were rising or holding steady. But the opposite is happening.
Fewer than half of Americans now say they trust the church, the medical system, the presidency, the Supreme Court, public schools, banks, organized labor, the criminal justice system, big business, and Congress. Public faith in each of these institutions has fallen this decade.
There are several reasons why trust in so many elite institutions might be declining at the same time. Fareed Zakaria, in his book The Future of Freedom, blamed the “death of authority” on the uber-democratization of American institutions, pointing out that Americans have historically put more faith in organizations that hover above the fray and the news cycle (like the Supreme Court, or the military) while reserving their contempt for institutions that respond to public whims (like the U.S. Congress). Chris Hayes, in his book The Twilight of the Elites, argued that elite institutions were failing due to a collapse of competent oversight across many sectors of American life, from the military, to big business and the press.
But declining trust in institutions is not strictly an American trend. Since the 1960s, “public trust in government and political institutions has been decreasing in all of the advanced industrial democracies,” according to one United Nations report. “Although the pattern and the pace of the decrease are dissimilar across countries, the downward trend is ubiquitous.”
4. When it’s easier to find news sources that confirm people’s biases, it’s also easier to find news stories that inflame their outrage.
Competition among media organizations is healthy. But the race for readers and ratings carries the risk of reducing trust in “the media” because so many media organizations often distinguish themselves by demonstrating their superiority over mainstream news. The term “mainstream media” is a dirty word on Fox News. Popular shows like Bill Maher’s Real Time and The Daily Show make a living by skewering the hyperbolism of cable coverage. It’s as if every media organization is also a media critic.
Today’s journalists are more comfortable taking strong positions on partisan issues than they used to be. This is often a good thing. But the increased partisanship of large news outlets might feed a public perception that neutral objectivity doesn’t exist, and therefore, people are entitled to scream “partisanship!” about any viewpoint that they disagree with. The Pittsburgh- Tribune Review recently asked Donald Trump Jr., how he felt that the
Pulitzer Prize-winning team at PolitiFact found that 70 percent of his father’s claims were false, more than twice the ratio of Hillary Clinton. Trump’s response: “I would argue that PolitiFact is a very liberal organization.” The shocking thing about this claim is that it’s not shocking, at all. It has become acceptably normal for a politician to call a Pulitzer-Prize winning organization “very biased” if it disagrees with him. There is also no risk in saying so.
What role does Facebook (or Twitter, or Reddit) play in this? Many argue that these sites seal audiences’ ideological echo chambers, organizing the world of information so that some readers only see news that they are likely to agree with. Another outcome of a media diet dominated by “shareable” news is that people might be more likely to see news whose purpose is to provoke outrage. Projecting moral outrage has a specific psychological purpose: It signals the noble morality of the outraged sharer at the expense of the news source. When Facebook and Twitter users share news coverage for the purpose of highlighting the most outrageously bad journalism, it has the effect of making the majority of journalism seem outrageously bad.
And so, it may be inevitable that a competitive digital media environment will foster a hate-Congress-but-love-your-Congressman attitude toward the press. If there are enough outlets for every American to read that their biases are right, there are enough outlets for readers to get the impression that most people, and most media, is wrong.
__MACOSX/paper 2/sources/._6 Why Do Americans Distrust the Media? - The Atlantic.pdf
paper 2/sources/1 There Might Be Fracking Wastewater on Your Organic Fruits and Veggies %E2%80%93 Mother Jones.pdf
8/10/2017 There Might Be Fracking Wastewater on Your Organic Fruits and Veggies – Mother Jones
http://www.motherjones.com/food/2015/08/organic-crops-can-be-irrigated-fracking-wastewater/ 1/4
Irrigation water appears to be a major loophole in the USDA's organic food safety program. <a href="https://www.flickr.com/photos/93773221@N05�8533552645/in/photolist-e15FU2-pseDWM-r2skYW�6pVLTL-dQbDJs- dQb2dy-e15KdH-e1tFtZ-e1tFrn-hRB9UC-jYkLzr-hEHCN7-e1bo2Q-e1bnyf-e1bnDh-e1bo2S-e1bp21-e1boWG-e15GuT-e1bovY- e1boey-e1bopf-e15Gct-e1boHq-e15FjT-jYk1zV-h57cb9-hybGX7-hEHCGL-hEHkqa-hEJG1V-e1bm9U-e15FbD-e1bmKo-e15FEX- e15J8g-e1bq5o-e1bpdb-e1bpmw-e1bqhW-e15JxX-e11q39-e15JoR-eDxUbf-e1zmyy-gg8RYM-e1tFSk-dZULrM�7PJPDX- e11idU">Daniel Jones</a>/Flickr
The US Department of Agriculture’s organics standards, written 15 years ago, strictly ban petroleum-
derived fertilizers commonly used in conventional agriculture. But the same rules do not prohibit farmers
There Might Be Fracking Wastewater on Your Organic Fruits and Veggies J O S H H A R K I N S O N AU G . 2 0 , 2 0 1 5 1 0 � 0 0 A M
8/10/2017 There Might Be Fracking Wastewater on Your Organic Fruits and Veggies – Mother Jones
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derived fertilizers commonly used in conventional agriculture. But the same rules do not prohibit farmers
from irrigating their crops with petroleum-laced wastewater obtained from oil and gas wells—a practice
that is increasingly common in drought-stricken Southern California.
As I reported last month, oil companies last year
supplied half the water that went to the 45,000 acres of
farmland in Kern County’s Cawelo Water District,
farmland that is owned, in part, by Sunview, a company
that sells certified organic raisins and grapes. Food
watchdog groups are concerned that the state hasn’t
required oil companies to disclose all the chemicals
they use in oil drilling and fracking operations, much
less set safety limits for all those chemicals in irrigation water.
A spokesman for the USDA’s National Organics Program confirmed that it has little to say on the matter.
“The USDA organic regulations do not directly address the use of irrigation water on organic farms,” said
the spokesman, who asked to be quoted on background, “but organic operations must generally maintain
or improve the natural resources of the operation, including soil and water quality.”
Of course, that’s easier said than done. USDA organic regulations do not require farms to perform water
quality tests, and irrigation water is not evaluated as an input by the Organic Materials Review Institute,
which vets products used on organic farms. Calls placed to California Certified Organic Farmers, which
certifies organic farms in California, were not returned.
Irrigation water appears to be a major loophole in a food safety program that otherwise strictly controls
what farmers can apply to their land. Notably, the organics program does prohibit the use of sewage
sludge-based fertilizer, a product widely used on nonorganic farms that sometimes contains chemicals
such as flame retardants and pharmaceuticals.
On Monday, California Assemblyman Mike Gatto, a Democrat from Glendale, introduced a bill that
would require crops irrigated with wastewater from oil and gas operations to be labeled as such. “No one
expects their lettuce to contain heavy chemicals from fracking wastewater,” he explained in a press
release.
That’s especially true if their lettuce is labeled “organic,” adds Adam Scow, the California director of the
environmental group Food and Water Watch: “I think most people’s logic would tell them that’s not a
practice consistent with organic standards.”
GET THE SCOOP, STRAIGHT FROM MOTHER JONES.
“No one expects their lettuce to contain heavy chemicals from fracking wastewater.”
8/10/2017 There Might Be Fracking Wastewater on Your Organic Fruits and Veggies – Mother Jones
http://www.motherjones.com/food/2015/08/organic-crops-can-be-irrigated-fracking-wastewater/ 3/4
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8/10/2017 There Might Be Fracking Wastewater on Your Organic Fruits and Veggies – Mother Jones
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__MACOSX/paper 2/sources/._1 There Might Be Fracking Wastewater on Your Organic Fruits and Veggies %E2%80%93 Mother Jones.pdf
paper 2/sources/5 These 6 Corporations Control 90% Of The Media In America - Business Insider.pdf
8/10/2017 These 6 Corporations Control 90% Of The Media In America - Business Insider
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These 6 Corporations Control 90% Of The Media In America
ASHLEY LUTZ JUN. 14, 2012, 9:49 AM
This infographic created by Jason at Frugal Dad shows that almost all media comes from the same six sources.
That's consolidated from 50 companies back in 1983.
NOTE: This infographic is from last year and is missing some key transactions. GE does not own NBC (or Comcast or any media) anymore. So that 6th company is now Comcast. And Time Warner doesn't own AOL, so Huffington Post isn't affiliated with them.
But the fact that a few companies own everything demonstrates "the illusion of choice," Frugal Dad says. While some big sites, like Digg and Reddit aren't owned by any of the corporations, Time Warner owns news sites read by millions of Americans every year.
Here's the graphic:
8/10/2017 These 6 Corporations Control 90% Of The Media In America - Business Insider
http://www.businessinsider.com/these-6-corporations-control-90-of-the-media-in-america-2012-6 2/9
8/10/2017 These 6 Corporations Control 90% Of The Media In America - Business Insider
http://www.businessinsider.com/these-6-corporations-control-90-of-the-media-in-america-2012-6 3/9
8/10/2017 These 6 Corporations Control 90% Of The Media In America - Business Insider
http://www.businessinsider.com/these-6-corporations-control-90-of-the-media-in-america-2012-6 4/9
8/10/2017 These 6 Corporations Control 90% Of The Media In America - Business Insider
http://www.businessinsider.com/these-6-corporations-control-90-of-the-media-in-america-2012-6 5/9
8/10/2017 These 6 Corporations Control 90% Of The Media In America - Business Insider
http://www.businessinsider.com/these-6-corporations-control-90-of-the-media-in-america-2012-6 6/9
8/10/2017 These 6 Corporations Control 90% Of The Media In America - Business Insider
http://www.businessinsider.com/these-6-corporations-control-90-of-the-media-in-america-2012-6 7/9
8/10/2017 These 6 Corporations Control 90% Of The Media In America - Business Insider
http://www.businessinsider.com/these-6-corporations-control-90-of-the-media-in-america-2012-6 8/9
Frugal Dad
Source: Frugal dad
DON'T MISS: This Chart Shows Bilderberg Group's Connection To Everything In The World >
8/10/2017 These 6 Corporations Control 90% Of The Media In America - Business Insider
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×
__MACOSX/paper 2/sources/._5 These 6 Corporations Control 90% Of The Media In America - Business Insider.pdf
paper 2/sources/7 The U.S. Media’s Problems Are Much Bigger than Fake News and Filter Bubbles.pdf
COMPETITION
The U.S. Media’s Problems Are Much Bigger than Fake News and Filter Bubbles by Bharat N. Anand
JANUARY 05, 2017
The U.S. media has come under intense scrutiny, with analysts, politicians, and even
journalists themselves accusing it of bias and sensationalism — of having failed us — in its
coverage of the presidential election. Critics across the political spectrum have said that fake
news and cyberattacks played a big role in determining the course of events. The prevailing
logic has an “if only” tenor: If only the media had been less swayed by shocking stories, if
only bias in the media had been purged, and if only fake news had been eliminated and
cyberattacks curtailed, the outcome would have been different. The presidential transition
has been marked by the same attitude: if only the media were less distractible and headlines
more accurate.
Thinking that way is tempting, but it misses the mark. The media did exactly what it was
designed to do, given the incentives that govern it. It’s not that the media sets out to be
sensationalist; its business model leads it in that direction. Charges of bias don’t make the
bias real; it often lies in the eye of the beholder. Fake news and cyberattacks are triggers, not
causes. The issues that confront us are structural.
To the question, If the media were to cover the election again, with the benefit of hindsight,
could we expect anything different? my answer is a sobering no. This is for two reasons: the
way news is produced and amplified (the supply side) and the way consumers process news
(the demand side).
A caveat is in order. The analysis here is not concerned with which candidate deserved to
win or whose message was “better.” It is concerned with examining the media and its
coverage, identifying its root causes, and understanding what we should expect going
forward.
The Supply Side I: Connectedness Matters More than Content or Money Political campaigns are marketing campaigns, messages aimed at selling a product. Like
marketers, politicians obsess over messaging (what journalists would call “content”) and a
few key metrics that historically have determined success: amount of television advertising,
number of “foot soldiers,” intensity of get-out-the-vote operations, and voter
ESSENTIAL BACKGROUND
How Focusing on Content Leads the Media Astray STRATEGY AUDIO by Sarah Green Carmichael
Bharat Anand, author of The Content Trap and
professor at Harvard Business School, talks about
the strategic challenges facing digital businesses.
SAVE SHARE
demographics. But in the last two contests in which Hillary Clinton has participated, the
2008 primary and the 2016 election, she won on most of these metrics — and lost the
elections.
Two developments bear noting. First, and most obvious, traditional media is no longer the
only way to spread the word. Any candidate can communicate directly and instantly with
millions of people. Media companies are experiencing an extreme form of competition that
comes with digital technologies: Everyone is a media company today.
Second, and even more significant, social media is distinct from traditional media in that it
connects users to each other. This means that messages can spread far more easily and
quickly (compare how often you share a TV ad and a tweet).
The implications are threefold:
The best product doesn’t always win. Even if
you have the best product or candidate, if you
run a hub-and-spokes campaign, you’ll attract
followers one by one. Create a product or
candidate that connects users, and your
message — and advantage — will spread
rapidly. Apple learned this the hard way. For
20 years, starting in 1984, the Macintosh was
superior to any PC. Yet by 2004 its market
share was down to 3%. Apple had a great
product, but Microsoft had a network of
connected users. Because more people used
PCs, and wrote software for
them, they became the default choice for
nearly everyone.
Many organizations and entrepreneurs miss this lesson. Focus only on creating the best
content or product, and you can lose because of untapped user connections — a
phenomenon I call the “content trap.” It explains why firms that have anchored their
strategies to content have ceded digital leadership to those that have focused on
connections.
Consider the Scandinavian media firm Schibsted, which engineered an impressive digital
transformation through a philosophy of connectedness. It focused its efforts on earning a
majority share of Europe’s digital classified advertising market (a product that connects
buyers and sellers). It then shifted its news focus from great content to content rooted in the
question “Can we help readers help each other?” During the volcanic ash crisis of 2010,
what it offered wasn’t prize-winning stories about the roots of the eruption or its health
implications, but an app (Hitchhiker’s Central) that allowed readers to share travel plans and
offer rides to each other. Similarly, during the 2016 election, many American voters found
journalistic content less relevant than what they were experiencing in their own lives.
Bigger marketing budgets may not pay off. In a digital world full of product clutter, the best
marketing campaigns spend nearly nothing. JC Penney spent no money on television
advertising during the 2015 Super Bowl, yet its “mittens” campaign was one of the most
watched. The campaign relied solely on Twitter and went viral by virtue of intentional
spelling mistakes. Once a “connected” product draws in users, those users effectively
become the sales force. Facebook, Uber, and Airbnb are all examples of this. Donald Trump
spent only half of what Clinton did during the campaign.
Expectations matter. In connected worlds, expectations about future growth affect what
current users choose; people want to be on a winning platform. This has led to a strategy
known as vaporware, a term for when firms announce strengths they may not possess or
supposedly imminent product launches to draw users. Consider Trump’s first words in the
June 2015 announcement of his candidacy: “Wow. Whoa. That is some group of people.
Thousands.…This is beyond anybody’s expectations. There’s been no crowd like this.” This
wasn’t just a campaign message; it was an effort to shape expectations and trigger
connectedness.
The Supply Side II: Ratings Determine Which Messages Get Amplified The first phase of a marketing campaign is deciding how and where to spend your marketing
dollars. The second is influencing how your message gets amplified. One of the most
important mechanisms for this is traditional media — so-called “earned media coverage.”
You can spend a lot in the first phase and get little amplification in the second, or vice versa.
Recycling the same message won’t earn amplification. And in today’s media environment,
even “normal” news doesn’t break through information clutter; big, surprising events do.
The media’s bias toward big events stems from three features of its economics:
Fixed costs. The cost of covering a golf tournament doesn’t depend on whether Tiger Woods
plays. But if he does, ratings — and revenue — double. The same phenomenon affects
decisions about covering news stories or political rallies.
An advertising-based model. Advertising (and other indirect charges like cable operator
fees) are central to the economics of most news media, and this creates a bias whereby the
number of viewers is more important than whether viewers like the coverage. (What
matters is that you watch news coverage, not whether you are ready to throw a chair at it
out of disgust.) Fixed costs have always been central to the economics of media. Advertising
came later — and when it did, in the early 20th century, news became more sensational.
That’s hardly surprising: The main metric by which news outlets are judged is the ratings
they command, the page views they get, or the copies they sell.
Spillovers. A big event in media and entertainment doesn’t just draw viewers to the event
itself; it also entices viewers to consume follow-on or related products (and a company’s
previous products, too). People who watch a television program are far more likely to watch
the next program on that channel, for example.
Each of these factors, individually, means that ratings or page views — the size of the
audience — matter a lot for media firms. Together, they lead to a fixation on ratings to the
exclusion of almost anything else. Competition further reinforces this dynamic, making
audience size the metric by which media firms are measured. The outcome is a “ratings
bubble” within which companies operate.
Big-event bias is even more pronounced in entertainment worlds, where getting noticed has
gotten increasingly hard over time. This explains the trend toward spinoffs, sequels, and
franchises in broadcast television and movies (viewers are already familiar with the basic
story) and big-name authors in books (they generate publicity) and why successful sports
franchises tend to get even more successful over time (they draw lots of viewers, which
allows them to spend more on star players, who draw even more viewers). Success might
have more to do with awareness than with quality. When the pseudonymous Robert
Galbraith published A Cuckoo’s Calling in 2013, the novel sold about 1,500 copies in the first
month. After the author was revealed to be Harry Potter creator J.K. Rowling, sales rose to
over one million.
Piggybacking on big events has allowed certain media companies to grow over time. Fox
News, for instance, entered the seemingly mature cable market in 1996 and experienced
notable upticks in viewers after “big news” events — the 2000 election, the 9/11 terrorist
attacks, and the start of the war in Iraq. When an event drew viewers to cable news in
general, Fox’s ratings grew along with the other networks’. But more of the viewers who
tuned into Fox stayed with it after the event had passed when they realized the network’s
coverage was different.
In political campaigns, big events arise in one of three ways. The first is sporadically and
unpredictably, as with the San Bernardino shooting or the Access Hollywood tape. The
timing of such surprises can be particularly fortuitous or damaging (see: James Comey). The
second is through name recognition. Events become more newsworthy if they’re
accompanied by a big name. The third is by being created. Steve Jobs understood this more
than most technology executives, which is why he elevated product launches to an art form:
Every media firm had to cover a new Apple release. And Trump understood this more than
any other candidate: Every time he made a provocative comment on a new subject, the
news outlets covered it.
These forces help explain why Trump got so much more media coverage than, say, Bernie
Sanders, who touted a similarly antiestablishment, populist message. Populism and
inequality aren’t news; calling Mexican immigrants rapists and vowing to build a wall are. So
Sanders’s brand of populism wasn’t news; Trump’s was. The reason was rooted in media
economics, not in the effort or preferences of journalists and programming executives. A
combination of fixed costs, an advertising-reliant model, and spillovers produced a
staggering difference in earned media coverage during the primaries: $2 billion for Trump
and $300 million for Sanders. Television advertising, where Clinton had a huge leg up on
both, hardly seemed to matter at all.
Competition Can Backfire Competition and private firms operating in their self-interest typically lead to well-
functioning markets. But that’s not always what happens. A well-known exception occurs
when externalities exist — side effects on other people or firms that aren’t usually accounted
for by private actors. (Canonical examples are cigarette smoking or pollution, or a store
manager in a large retail chain pursuing actions that benefit his individual store but damage
the parent company’s brand.) In situations like these, following your self-interest (in this
case, as a media firm) doesn’t necessarily further the collective good, or even your own.
In 2009 Netflix needed high-quality content to grow its streaming business. It could get that
content only from Hollywood studios. The studios had seen Netflix grow its DVD business
for a decade, and now, with a stronger bargaining position in the streaming market — the
first-sale doctrine that allowed any DVD owner to resell did not apply to streaming — they
could have chosen not to license to Netflix and nipped it in the bud. But they granted
licenses, and Netflix soon became the giant they hadn’t wanted to see arise. Why did the
studios act against their own interests?
If they could have collectively agreed not to license to Netflix, the result would have been
different. But they couldn’t. At first only Viacom relented, licensing archived Beavis and
Butt-head episodes. One show, it reasoned, could not a streaming giant make. But then
everyone followed that logic.
It wasn’t that the content providers didn’t see what was happening; it was that they couldn’t
coordinate. It’s why newspapers let Google crawl their content for Google News. It’s why
they handed content to Facebook for its Instant Articles format last year.
So, too, with the recent political campaign. If every media outlet had ignored Trump’s rallies
and rhetoric, it would have paid handsomely for one outlet to cover them. But once one did
cover them, no others could afford not to.
These events coalesced dramatically toward the end of the campaign, when Trump
announced a press conference in which he would ostensibly make a major announcement
about President Obama’s birth certificate (a lie that he had prolonged that had found
traction in media coverage several years back). Nearly every media outlet showed up. How
could they not cover a major announcement by a presidential candidate? But it was a sham
— there was no real announcement, other than that there would be no more announcements
on the subject.
This is the prisoner’s dilemma of reporting amid competition: Following your self-interest
does not always further the collective good. The situation generated one of the most
dispiritingly candid statements ever from a media executive: Early in 2016, when the head
of CBS was asked about the disproportionate attention given to Trump, he quipped, “It may
not be good for America, but it’s damn good for CBS.”
The network wasn’t alone. Cable news outlets enjoyed similar gains in 2016, marking it as
their best year ever. Meanwhile, public trust in the press reached its lowest level in history.
The Demand Side: Consumers Consume What They Want To One of the longest-standing debates in marketing is not whether advertising works, but how
it does. One view is that marketing persuades consumers to purchase. Hear a song once, and
you may not like it; hear it repeatedly, and you’ll start to, regardless of how good or bad it is
(hence the phrase “all publicity is good publicity”). Others argue that marketing merely
increases awareness without altering beliefs. By this reasoning, repeated exposure to a song
that doesn’t match your taste might make you less likely to buy it.
Does media reporting change what we believe, or do our preferences shape what media we
choose to watch in the first place?
Most research indicates that the latter is central: Our preexisting preferences largely
determine what media we watch. One of the most reliable findings in the study of television
entertainment is that viewers watch programs whose characters are like themselves. Older
people watch shows featuring older characters, younger viewers watch shows featuring
younger ones; the same goes for gender, ethnicity, and income. A similar effect is seen in
news: We watch outlets whose reporting is consistent with our beliefs. Viewers who identify
with the right are more likely to watch Fox, while left-leaning people are more likely to
watch MSNBC. Similar differences apply to intra-network program choices, since programs
on the same network can differ in their positioning.
These patterns in news-watching would be puzzling if all that news providers did was
provide verifiably objective information. But like entertainment programs, news programs
and channels differ in their positioning, in the way they report information (often referred
to as slant), and in what information they report (agenda setting). News positioning matters
— viewers watch news programs and channels whose positions match their tastes and
beliefs.
This pattern of sorting on beliefs is amplified over time by various additional factors. The
first is competition among media, which has increased as digital technologies have led to a
vast number of new media outlets, each catering to more-niche tastes. The second is
viewers’ confirmation bias, which leads us to reject valid information that is not consistent
with our beliefs. Confirmation bias is deeply rooted in human behavior. It affects not just
how we process information but who we associate with, creating “filter bubbles.” These
bubbles are further reinforced by website algorithms designed to personalize the
information we receive based on our past behaviors. Persuasive effects of the media also
serve to solidify these bubbles. (And even small persuasive effects can have large effects in
close elections.)
Each factor increases viewer polarization, which on certain measures has reached
unprecedented levels. Together, they shape how we respond to bias in the media. Consider
the debate over left and right media bias, which goes back several decades and has grown in
intensity over time. Part of what makes discussions of bias so thorny is that we almost never
agree on what bias is. Both the debate and studies tend to focus on what the media reports —
on content. But studies show that content is not the only place where bias lives. In
experiments, when two people with different beliefs view exactly the same content, their
perceptions of bias differ.
Add it all up, and the implications are profound.
First, we watch what we believe, but what we don’t watch, we don’t believe. This is the
effect of sorting based on beliefs.
Second, negative coverage can have unintended consequences. Hear a source you don’t
trust, and when it reports something inconsistent with your beliefs, you’ll discount that
thing even more. (The rare exception is when events are incontrovertibly verifiable — for
example, the question of who said what on the Access Hollywood tape.) During the election
season, more newspapers endorsed Clinton than any presidential candidate in U.S history.
Papers with a tradition of endorsing Republicans endorsed her; papers with a tradition of
not endorsing a candidate did, too. But none of it mattered; editorial content was essentially
irrelevant.
Third, and for the same reason, charges of media bias can actually help an outlet. The more
your favorite channel is alleged to be biased by people you disagree with, the more you’ll
watch it. Trump wasn’t the first to see this phenomenon: In Fox News’s early days, senior
executives often acknowledged that charges of bias appeared to help them. And it isn’t
specific to right-leaning voters. After the election, when Trump tweeted complaints about
the New York Times and Vanity Fair, both outlets saw a rise in subscriptions. Charges of bias
harden beliefs and reinforce polarization.
Particularly sobering is that all this has nothing do with the much-lamented problem of fake
news. Get rid of all verifiably fake news, as Facebook and others certainly should, and filter
bubbles, polarization, and charges of media bias will remain.
Where Does This Leave Us? Three forces combine to create the media coverage of political campaigns we observe today:
connected media, which spreads messages faster than traditional media; fixed costs and
advertising-reliant business models in traditional media, which amplify sensational
messages; and viewers’ news consumption patterns, which leads to people sorting across
media outlets based on their beliefs and makes messages they already agree with far more
effective. Each reinforces the others. Without these enabling factors, even the best
marketing campaign would go nowhere, and fake news or leaked information from
cyberattacks would have little effect.
Fair questions have been raised about the lack of investigative journalism early in the
campaign, false equivalencies in reporting, and the use of paid campaign operatives as
experts on television news. But digital technology and business incentives exerted more
influence over the media coverage than editorial decisions and missing voices did. The
ratings bubble had as much impact as filter bubbles did. The forces at work here — the
search for profitability, competition, and self-interest — are things we embrace as
profoundly American.
Competition in the media leads to efficiency as well as to checks and balances — all good
things. But it fails to internalize the externalities from profitable but sensational coverage. It
leads to differentiation and more voices (also good, and what’s been the focus of regulatory
efforts) but also to fragmentation, polarization, and less-penetrable filter bubbles
(dangerous).
It’s tempting to stretch the analysis between marketing and politics too far. They are
different in important respects. Most notable, in marketing you can win through strategies
that exploit the big-event bias of media (through attention-grabbing rhetoric) and the beliefs
of consumers (through allegations that discredit your competitors). These strategies draw in
consumers who are right for your brand. But in presidential politics, the same approach is
incredibly risky because when you win, you serve everyone, not just those who “purchased
your product.” Despite these differences, the same economics of information supply-and-
demand that shape digital strategies in business are doing so in politics.
Which leads to my conclusion: Even if we could somehow push “reset,” we would have
to expect the same sort of coverage that we got. The problems are too deep and structural
for anything else.
What’s the way forward? There are no easy answers to the question. This analysis mainly
points to solutions that won’t work. Voluntary efforts at restraint by well-meaning
journalists won’t work, because of advertising-based business models and competition.
Eliminating fake news won’t change the fact that voters ignore ideas contrary to their
beliefs. And it won’t solve the media’s structural challenges or change its incentives. Media
companies, their regulators, and their customers — all of us — have to look for ways to
confront these challenges. The stakes could not be higher.
Bharat N. Anand is the Henry R. Byers Professor of Business Administration at Harvard Business School in
Boston, and the faculty chair of HBX.
Related Topics: INTERNET | MEDIA
This article is about COMPETITION
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lucy derbyshire 4 months ago
made a mistake
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__MACOSX/paper 2/sources/._7 The U.S. Media’s Problems Are Much Bigger than Fake News and Filter Bubbles.pdf
paper 2/sources/4 My Beef With Big Media.pdf
My Beef With Big Media How government protects big media — and shuts out upstarts like me. Ted Turner
Magazine
In the late 1960s, when Turner Communications was a business of billboards and radio stations and I was spending much of my energy ocean racing, a UHF-TV station came up for sale in Atlanta. It was losing $50,000 a month and its programs were viewed by fewer than 5 percent of the market.
I acquired it.
When I moved to buy a second station in Charlotte–this one worse than the first–my accountant quit in protest, and the company’s board vetoed the deal. So I mortgaged my house and bought it myself. The Atlanta purchase turned into the Superstation; the Charlotte purchase–when I sold it 10 years later– gave me the capital to launch CNN.
Both purchases played a role in revolutionizing television. Both required a streak of independence and a taste for risk. And neither could happen today. In the current climate of consolidation, independent broadcasters simply don’t survive for long. That’s why we haven’t seen a new generation of people like me or even Rupert Murdoch–independent television upstarts who challenge the big boys and force the whole industry to compete and change.
It’s not that there aren’t entrepreneurs eager to make their names and fortunes in broadcasting if given the chance. If nothing else, the 1990s dot- com boom showed that the spirit of entrepreneurship is alive and well in America, with plenty of investors willing to put real money into new media ventures. The difference is that Washington has changed the rules of the
game. When I was getting into the television business, lawmakers and the Federal Communications Commission (FCC) took seriously the commission’s mandate to promote diversity, localism, and competition in the media marketplace. They wanted to make sure that the big, established networks– CBS, ABC, NBC–wouldn’t forever dominate what the American public could watch on TV. They wanted independent producers to thrive. They wanted more people to be able to own TV stations. They believed in the value of competition.
So when the FCC received a glut of applications for new television stations after World War II, the agency set aside dozens of channels on the new UHF spectrum so independents could get a foothold in television. That helped me get my start 35 years ago. Congress also passed a law in 1962 requiring that TVs be equipped to receive both UHF and VHF channels. That’s how I was able to compete as a UHF station, although it was never easy. (I used to tell potential advertisers that our UHF viewers were smarter than the rest, because you had to be a genius just to figure out how to tune us in.) And in 1972, the FCC ruled that cable TV operators could import distant signals. That’s how we were able to beam our Atlanta station to homes throughout the South. Five years later, with the help of an RCA satellite, we were sending our signal across the nation, and the Superstation was born.
That was then.
Today, media companies are more concentrated than at any time over the past 40 years, thanks to a continual loosening of ownership rules by Washington. The media giants now own not only broadcast networks and local stations; they also own the cable companies that pipe in the signals of their competitors and the studios that produce most of the programming. To get a flavor of how consolidated the industry has become, consider this: In 1990, the major broadcast networks–ABC, CBS, NBC, and Fox–fully or partially owned just 12.5 percent of the new series they aired. By 2000, it was 56.3 percent. Just two years later, it had surged to 77.5 percent.
In this environment, most independent media firms either get gobbled up by one of the big companies or driven out of business altogether. Yet instead of balancing the rules to give independent broadcasters a fair chance in the market, Washington continues to tilt the playing field to favor the biggest players. Last summer, the FCC passed another round of sweeping pro- consolidation rules that, among other things, further raised the cap on the number of TV stations a company can own.
In the media, as in any industry, big corporations play a vital role, but so do small, emerging ones. When you lose small businesses, you lose big ideas. People who own their own businesses are their own bosses. They are independent thinkers. They know they can’t compete by imitating the big guys–they have to innovate, so they’re less obsessed with earnings than they are with ideas. They are quicker to seize on new technologies and new product ideas. They steal market share from the big companies, spurring them to adopt new approaches. This process promotes competition, which leads to higher product and service quality, more jobs, and greater wealth. It’s called capitalism.
But without the proper rules, healthy capitalist markets turn into sluggish oligopolies, and that is what’s happening in media today. Large corporations are more profit-focused and risk-averse. They often kill local programming because it’s expensive, and they push national programming because it’s cheap–even if their decisions run counter to local interests and community values. Their managers are more averse to innovation because they’re afraid of being fired for an idea that fails. They prefer to sit on the sidelines, waiting to buy the businesses of the risk-takers who succeed.
Unless we have a climate that will allow more independent media companies to survive, a dangerously high percentage of what we see–and what we don’t see–will be shaped by the profit motives and political interests of large, publicly traded conglomerates. The economy will suffer, and so will the quality of our public life. Let me be clear: As a business proposition,
consolidation makes sense. The moguls behind the mergers are acting in their corporate interests and playing by the rules. We just shouldn’t have those rules. They make sense for a corporation. But for a society, it’s like over- fishing the oceans. When the independent businesses are gone, where will the new ideas come from? We have to do more than keep media giants from growing larger; they’re already too big. We need a new set of rules that will break these huge companies to pieces.
The big squeeze
In the 1970s, I became convinced that a 24-hour all-news network could make money, and perhaps even change the world. But when I invited two large media corporations to invest in the launch of CNN, they turned me down. I couldn’t believe it. Together we could have launched the network for a fraction of what it would have taken me alone; they had all the infrastructure, contacts, experience, knowledge. When no one would go in with me, I risked my personal wealth to start CNN.
Soon after our launch in 1980, our expenses were twice what we had expected and revenues half what we had projected. Our losses were so high that our loans were called in. I refinanced at 18 percent interest, up from 9, and stayed just a step ahead of the bankers. Eventually, we not only became profitable, but also changed the nature of news–from watching something that happened to watching it as it happened.
But even as CNN was getting its start, the climate for independent broadcasting was turning hostile. This trend began in 1984, when the FCC raised the number of stations a single entity could own from seven–where it had been capped since the 1950s–to 12. A year later, it revised its rule again, adding a national audience-reach cap of 25 percent to the 12 station limit– meaning media companies were prohibited from owning TV stations that together reached more than 25 percent of the national audience. In 1996, the FCC did away with numerical caps altogether and raised the audience-reach cap to 35 percent. This wasn’t necessarily bad for Turner Broadcasting; we
had already achieved scale. But seeing these rules changed was like watching someone knock down the ladder I had already climbed.
Meanwhile, the forces of consolidation focused their attention on another rule, one that restricted ownership of content. Throughout the 1980s, network lobbyists worked to overturn the so-called Financial Interest and Syndication Rules, or fin-syn, which had been put in place in 1970, after federal officials became alarmed at the networks’ growing control over programming. As the FCC wrote in the fin-syn decision: “The power to determine form and content rests only in the three networks and is exercised extensively and exclusively by them, hourly and daily.” In 1957, the commission pointed out, independent companies had produced a third of all network shows; by 1968, that number had dropped to 4 percent. The rules essentially forbade networks from profiting from reselling programs that they had already aired.
This had the result of forcing networks to sell off their syndication arms, as CBS did with Viacom in 1973. Once networks no longer produced their own content, new competition was launched, creating fresh opportunities for independents.
For a time, Hollywood and its production studios were politically strong enough to keep the fin-syn rules in place. But by the early 1990s, the networks began arguing that their dominance had been undercut by the rise of independent broadcasters, cable networks, and even videocassettes, which they claimed gave viewers enough choice to make fin-syn unnecessary. The FCC ultimately agreed–and suddenly the broadcast networks could tell independent production studios, “We won’t air it unless we own it.” The networks then bought up the weakened studios or were bought out by their own syndication arms, the way Viacom turned the tables on CBS, buying the network in 2000. This silenced the major political opponents of consolidation.
Even before the repeal of fin-syn, I could see that the trend toward
consolidation spelled trouble for independents like me. In a climate of consolidation, there would be only one sure way to win: bring a broadcast network, production studios, and cable and satellite systems under one roof. If you didn’t have it inside, you’d have to get it outside–and that meant, increasingly, from a large corporation that was competing with you. It’s difficult to survive when your suppliers are owned by your competitors. I had tried and failed to buy a major broadcast network, but the repeal of fin-syn turned up the pressure. Since I couldn’t buy a network, I bought MGM to bring more content in-house, and I kept looking for other ways to gain scale. In the end, I found the only way to stay competitive was to merge with Time Warner and relinquish control of my companies.
Today, the only way for media companies to survive is to own everything up and down the media chain–from broadcast and cable networks to the sitcoms, movies, and news broadcasts you see on those stations; to the production studios that make them; to the cable, satellite, and broadcast systems that bring the programs to your television set; to the Web sites you visit to read about those programs; to the way you log on to the Internet to view those pages. Big media today wants to own the faucet, pipeline, water, and the reservoir. The rain clouds come next.
Supersizing networks
Throughout the 1990s, media mergers were celebrated in the press and otherwise seemingly ignored by the American public. So, it was easy to assume that media consolidation was neither controversial nor problematic. But then a funny thing happened.
In the summer of 2003, the FCC raised the national audience-reach cap from 35 percent to 45 percent. The FCC also allowed corporations to own a newspaper and a TV station in the same market and permitted corporations to own three TV stations in the largest markets, up from two, and two stations in medium-sized markets, up from one. Unexpectedly, the public rebelled. Hundreds of thousands of citizens complained to the FCC. Groups from the
National Organization for Women to the National Rifle Association demanded that Congress reverse the ruling. And like-minded lawmakers, including many long-time opponents of media consolidation, took action, pushing the cap back down to 35, until–under strong White House pressure– it was revised back up to 39 percent. This June, the U.S. Court of Appeals for the Third Circuit threw out the rules that would have allowed corporations to own more television and radio stations in a single market, let stand the higher 39 percent cap, and also upheld the rule permitting a corporation to own a TV station and a newspaper in the same market; then, it sent the issues back to the same FCC that had pushed through the pro-consolidation rules in the first place.
In reaching its 2003 decision, the FCC did not argue that its policies would advance its core objectives of diversity, competition, and localism. Instead, it justified its decision by saying that there was already a lot of diversity, competition, and localism in the media–so it wouldn’t hurt if the rules were changed to allow more consolidation. Their decision reads: “Our current rules inadequately account for the competitive presence of cable, ignore the diversity-enhancing value of the Internet, and lack any sound bases for a national audience reach cap.” Let’s pick that assertion apart.
First, the “competitive presence of cable” is a mirage. Broadcast networks have for years pointed to their loss of prime-time viewers to cable networks– but they are losing viewers to cable networks that they themselves own. Ninety percent of the top 50 cable TV stations are owned by the same parent companies that own the broadcast networks. Yes, Disney’s ABC network has lost viewers to cable networks. But it’s losing viewers to cable networks like Disney’s ESPN, Disney’s ESPN2, and Disney’s Disney Channel. The media giants are getting a deal from Congress and the FCC because their broadcast networks are losing share to their own cable networks. It’s a scam.
Second, the decision cites the “diversity-enhancing value of the Internet.” The FCC is confusing diversity with variety. The top 20 Internet news sites are
owned by the same media conglomerates that control the broadcast and cable networks. Sure, a hundred-person choir gives you a choice of voices, but they’re all singing the same song.
The FCC says that we have more media choices than ever before. But only a few corporations decide what we can choose. That is not choice. That’s like a dictator deciding what candidates are allowed to stand for parliamentary elections, and then claiming that the people choose their leaders. Different voices do not mean different viewpoints, and these huge corporations all have the same viewpoint–they want to shape government policy in a way that helps them maximize profits, drive out competition, and keep getting bigger.
Because the new technologies have not fundamentally changed the market, it’s wrong for the FCC to say that there are no “sound bases for a national audience-reach cap.” The rationale for such a cap is the same as it has always been. If there is a limit to the number of TV stations a corporation can own, then the chance exists that after all the corporations have reached this limit, there may still be some stations left over to be bought and run by independents. A lower limit would encourage the entry of independents and promote competition. A higher limit does the opposite.
Triple blight
The loss of independent operators hurts both the media business and its citizen-customers. When the ownership of these firms passes to people under pressure to show quick financial results in order to justify the purchase, the corporate emphasis instantly shifts from taking risks to taking profits. When that happens, quality suffers, localism suffers, and democracy itself suffers.
Loss of Quality The Forbes list of the 400 richest Americans exerts a negative influence on society, because it discourages people who want to climb up the list from giving more money to charity. The Nielsen ratings are dangerous in a similar way–because they scare companies away from good shows that don’t produce
immediate blockbuster ratings. The producer Norman Lear once asked, “You know what ruined television?” His answer: when The New York Times began publishing the Nielsen ratings. “That list every week became all anyone cared about.”
When all companies are quarterly earnings-obsessed, the market starts punishing companies that aren’t yielding an instant return. This not only creates a big incentive for bogus accounting, but also it inhibits the kind of investment that builds economic value. America used to know this. We used to be a nation of farmers. You can’t plant something today and harvest tomorrow. Had Turner Communications been required to show earnings growth every quarter, we never would have purchased those first two TV stations.
When CNN reported to me, if we needed more money for Kosovo or Baghdad, we’d find it. If we had to bust the budget, we busted the budget. We put journalism first, and that’s how we built CNN into something the world wanted to watch. I had the power to make these budget decisions because they were my companies. I was an independent entrepreneur who controlled the majority of the votes and could run my company for the long term. Top managers in these huge media conglomerates run their companies for the short term. After we sold Turner Broadcasting to Time Warner, we came under such earnings pressure that we had to cut our promotion budget every year at CNN to make our numbers. Media mega-mergers inevitably lead to an overemphasis on short-term earnings.
You can see this overemphasis in the spread of reality television. Shows like “Fear Factor” cost little to produce–there are no actors to pay and no sets to maintain–and they get big ratings. Thus, American television has moved away from expensive sitcoms and on to cheap thrills. We’ve gone from “Father Knows Best” to “Who Wants to Marry My Dad?”, and from “My Three Sons” to “My Big Fat Obnoxious Fiance.”
The story of Grant Tinker and Mary Tyler Moore’s production studio, MTM,
helps illustrate the point. When the company was founded in 1969, Tinker and Moore hired the best writers they could find and then left them alone– and were rewarded with some of the best shows of the 1970s. But eventually, MTM was bought by a company that imposed budget ceilings and laid off employees. That company was later purchased by Rev. Pat Robertson; then, he was bought out by Fox. Exit “The Mary Tyler Moore Show.” Enter “The Littlest Groom.”
Loss of localism Consolidation has also meant a decline in the local focus of both news and programming. After analyzing 23,000 stories on 172 news programs over five years, the Project for Excellence in Journalism found that big media news organizations relied more on syndicated feeds and were more likely to air national stories with no local connection.
That’s not surprising. Local coverage is expensive, and thus will tend be a casualty in the quest for short-term earnings. In 2002, Fox Television bought Chicago’s Channel 50 and eliminated all of the station’s locally produced shows. One of the cancelled programs (which targeted pre-teens) had scored a perfect rating for educational content in a 1999 University of Pennsylvania study, according to The Chicago Tribune. That accolade wasn’t enough to save the program. Once the station’s ownership changed, so did its mission and programming.
Loss of localism also undercuts the public-service mission of the media, and this can have dangerous consequences. In early 2002, when a freight train derailed near Minot, N.D., releasing a cloud of anhydrous ammonia over the town, police tried to call local radio stations, six of which are owned by radio mammoth Clear Channel Communications. According to news reports, it took them over an hour to reach anyone–no one was answering the Clear Channel phone. By the next day, 300 people had been hospitalized, many partially blinded by the ammonia. Pets and livestock died. And Clear Channel continued beaming its signal from headquarters in San Antonio, Texas–some
1,600 miles away.
Loss of democratic debate When media companies dominate their markets, it undercuts our democracy. Justice Hugo Black, in a landmark media-ownership case in 1945, wrote: “The First Amendment rests on the assumption that the widest possible dissemination of information from diverse and antagonistic sources is essential to the welfare of the public.”
These big companies are not antagonistic; they do billions of dollars in business with each other. They don’t compete; they cooperate to inhibit competition. You and I have both felt the impact. I felt it in 1981, when CBS, NBC, and ABC all came together to try to keep CNN from covering the White House. You’ve felt the impact over the past two years, as you saw little news from ABC, CBS, NBC, MSNBC, Fox, or CNN on the FCC’s actions. In early 2003, the Pew Research Center found that 72 percent of Americans had heard “nothing at all” about the proposed FCC rule changes. Why? One never knows for sure, but it must have been clear to news directors that the more they covered this issue, the harder it would be for their corporate bosses to get the policy result they wanted.
A few media conglomerates now exercise a near-monopoly over television news. There is always a risk that news organizations can emphasize or ignore stories to serve their corporate purpose. But the risk is far greater when there are no independent competitors to air the side of the story the corporation wants to ignore.
More consolidation has often meant more news-sharing. But closing bureaus and downsizing staff have more than economic consequences. A smaller press is less capable of holding our leaders accountable. When Viacom merged two news stations it owned in Los Angeles, reports The American Journalism Review, “field reporters began carrying microphones labeled KCBS on one side and KCAL on the other.” This was no accident. As the Viacom executive in charge told The Los Angeles Business Journal: “In this duopoly, we should
be able to control the news in the marketplace.”
This ability to control the news is especially worrisome when a large media organization is itself the subject of a news story. Disney’s boss, after buying ABC in 1995, was quoted in LA Weekly as saying, “I would prefer ABC not cover Disney.” A few days later, ABC killed a “20/20” story critical of the parent company.
But networks have also been compromised when it comes to non-news programs which involve their corporate parent’s business interests. General Electric subsidiary NBC Sports raised eyebrows by apologizing to the Chinese government for Bob Costas’s reference to China’s “problems with human rights” during a telecast of the Atlanta Olympic Games. China, of course, is a huge market for GE products.
Consolidation has given big media companies new power over what is said not just on the air, but off it as well. Cumulus Media banned the Dixie Chicks on its 42 country music stations for 30 days after lead singer Natalie Maines criticized President Bush for the war in Iraq. It’s hard to imagine Cumulus would have been so bold if its listeners had more of a choice in country music stations. And Disney recently provoked an uproar when it prevented its subsidiary Miramax from distributing Michael Moore’s film Fahrenheit 9/11. As a senior Disney executive told The New York Times: “It’s not in the interest of any major corporation to be dragged into a highly charged partisan political battle.” Follow the logic, and you can see what lies ahead: If the only media companies are major corporations, controversial and dissenting views may not be aired at all.
Naturally, corporations say they would never suppress speech. But it’s not their intentions that matter; it’s their capabilities. Consolidation gives them more power to tilt the news and cut important ideas out of the public debate. And it’s precisely that power that the rules should prevent.
Independents’ day
This is a fight about freedom–the freedom of independent entrepreneurs to start and run a media business, and the freedom of citizens to get news, information, and entertainment from a wide variety of sources, at least some of which are truly independent and not run by people facing the pressure of quarterly earnings reports. No one should underestimate the danger. Big media companies want to eliminate all ownership limits. With the removal of these limits, immense media power will pass into the hands of a very few corporations and individuals.
What will programming be like when it’s produced for no other purpose than profit? What will news be like when there are no independent news organizations to go after stories the big corporations avoid? Who really wants to find out? Safeguarding the welfare of the public cannot be the first concern of a large publicly traded media company. Its job is to seek profits. But if the government writes the rules in a way that encourages the entry into the market of entrepreneurs–men and women with big dreams, new ideas, and a willingness to take long-term risks–the economy will be stronger, and the country will be better off.
I freely admit: When I was in the media business, especially after the federal government changed the rules to favor large companies, I tried to sweep the board, and I came within one move of owning every link up and down the media chain. Yet I felt then, as I do now, that the government was not doing its job. The role of the government ought to be like the role of a referee in boxing, keeping the big guys from killing the little guys. If the little guy gets knocked down, the referee should send the big guy to his corner, count the little guy out, and then help him back up. But today the government has cast down its duty, and media competition is less like boxing and more like professional wrestling: The wrestler and the referee are both kicking the guy on the canvas.
At this late stage, media companies have grown so large and powerful, and their dominance has become so detrimental to the survival of small, emerging
companies, that there remains only one alternative: bust up the big conglomerates. We’ve done this before: to the railroad trusts in the first part of the 20th century, to Ma Bell more recently. Indeed, big media itself was cut down to size in the 1970s, and a period of staggering innovation and growth followed. Breaking up the reconstituted media conglomerates may seem like an impossible task when their grip on the policy-making process in Washington seems so sure. But the public’s broad and bipartisan rebellion against the FCC’s pro-consolidation decisions suggests something different. Politically, big media may again be on the wrong side of history–and up against a country unwilling to lose its independents.
Ted Turner
Ted Turner is founder of CNN and chairman of Turner Enterprises.