Virginia has taken a regrettable step back from the direction of human dignity.  But the media folks are blaming the wrong person.  They, and the folks protesting, need to shift their ire away from Attorney General Cuccinilli and towards Governor Bob McDonald.

Here’s a Washington Post headline from this weekend: “Virginia attorney general to colleges: End gay protections.”  And here’s the Huffington Post (the internal link is to the WaPo article: “As anyone who cares about human rights in America should know by now, Ken Cucinelli [sic], Virginia’s Attorney General, has “urged the state’s public colleges and universities to rescind policies that ban discrimination on the basis of sexual orientation….”

From Charlottesville’s NBC local news: Gay rights supporters met at UVa, “in response to a letter from the state attorney general that would dramatically change discrimination rules – or protections – for gays and lesbians on grounds.”

From Richmond’s Times Dispatch: “Students and faculty urged Virginia Commonwealth University administrators this morning to take a strong stand against Attorney General Ken Cuccinelli’s opinion that gays cannot be included in state anti-discrimination policies.”

The protections that Cuccinelli ripped to shreds, according to the news, are not his to make or destroy.  The letter was an advisory opinion.  Back in 2006, the prior Attorney General opined, also, that protections against state agencies hiring or firing based on sexual orientation were unconstitutional.  But I don’t recall reading news stories about that 2006 advisory opinion, because no one cared (because, in turn, the executive had no interest in enforcing it).

Flash back to the Washington Post circa 2005:

RICHMOND, Dec. 16 — Gov. Mark R. Warner (D) on Friday quietly amended an executive order that for the first time explicitly bans Virginia state agencies from discriminating against gays in hiring and promotions.

The policy went into effect immediately, and a spokeswoman for Gov.-elect Timothy M. Kaine (D) said the incoming governor plans to continue the policy by signing the same executive order when he is inaugurated Jan. 14.

And back to 2010.  Shortly after his inauguration, Governor McDonald decided to discontinue the protections against gayscrimination in state agencies, and stripped those provisions from the prior two Democratic administrations’ executive order.  One ought seen that coming, as McDonald was the 2006 Attorney General that opined the protections unconstitutional in the first place.  As Cuccinelli’s Advisory Opinion notes:

In 2006, this office concluded that the addition of sexual orientation as a protected employment class by way of an executive order of the Governor was intended to, and did, alter the public policy of the Commonwealth.

In both 2006 and 2010, the Attorneys General were offering an opinion on the state of Virginia law relating to protections, within state units, for gay workers against discrimination.  The legislature, then nor now, did not place those protections within the State’s statutes, so the question is whether the Governor can create those rights with an executive order.  The difference between this 2010 letter and the AG’s letter from 2006 is that the Governor’s and Attorney General’s offices agree.

Virginia’s colleges and universities are, as AG Cuccinelli’s assailed letter describes, state government institutions.  What, though, is the scope of authority that college boards (in VA, the “Boards of Visitors”) have in setting out rules and regulations for the college?  It’s a legitimate legal question, and falls in with the old chestnuts of administrative and local government law: who tells these government units what to do; how much discretion do these government units have; and, to what degree of specificity must authority derive from the legislature or executive?

Those are decent legal questions for discussion.  And that is what the AG’s letter is about.

In late 2005, then Governor Warner made the decision to incorporate gays within the State’s anti-discrimination rules despite the legal uncertainty.  That decision is what initiated those protections and sparked headlines.  Now, it should be the current Governor’s decision to rescind those protections in the headlines.

Talking about media and bias.

I think it was in my media law class that I learned about the factious early-American pamphlets and their difference to today’s purportedly neutral press.  But, I never looked into why that norm shifted. In support of my point below, I’m obliged to NPR.

The Planet Money crew, in the December 28 podcast, “The Price of Bias,” interviews Matthew Gentzkow to dig into the economic causes for the transition from bias to purported neutrality in media.  That, by the way, is what is so great in the podcast – they’re like Freakanomics, but not sold out.  Here’s my summary, but I suggest clicking over for the real thing.

Bias, in early American print media, was expected; in point of fact, most publications were explicitly affiliated with factions and parties.  Publishers did a basic cost-benefit and made an economic choice.  In return for trumping a party, publishers tended to get, from the party, government printing contracts, government posts (like the lucrative post office general), and straight up cash.  Those rewards tended to outweigh the money to be gained from selling the publications to a broader than partisan audience.

Then, some big post-Civil War changes in publishing came about.  Literacy rose and the telegraph sped along wired news.  And, the cost for material on which print was printed fell drastically.  One likely read reports of the Lincoln-Douglas debates in columns printed on linen.  The introduction of paper made from wood pulp, somewhere around the 1870s, made the physical part of publishing far cheaper.

So the factors going into publishers’ cost-benefit analyses changed, resulting in the conclusion that it was better to sell more (cheaply produced) papers to as many as would buy.  Thus, neutrality, and the larger bi-partisan audience, became the norm for news publishers.

Now, there’s one bit to that story about which I’m left wondering.  Gentzkow said in the interview that neutral/balanced papers tended to sell more copies when this change in the 1870s came about.  Would that be the case today?  Was it really the case back then?  Cass Sunstein has built a school of lectures on the notion that we’re a society of choirs to whom we love to be preached.  We feign fair-mindedness, but unconvincingly.  If we are, as I suspect, a partisan society, how do neutral papers sell more copies?

I thought it would be fun to draft an outline of items with which we can quantify problems in news media.  For the most part, I list bullets in an order of descending problematic weight; but, the main categories (facts, analyses, and presentation) are of equal weight.

So far, I intend the outline to address an individual story, rather than an entire news outlet such as NY Times, NPR, or Fox.  To analyze the entire outlet, I imagine two main steps: (1) apply the outline to a sample of individual stories and (2) weigh the ‘problematic score’ of those stories appropriately based on their respective prominence within the outlet (for instance, a page D18 story in the Post would not rate equally with A1; however, a story in the middle of All Things Considered is really equal to the front piece because that show loops and is not usually heard start to finish, in my experience).

Here’s a first crack at the outline – and it’s just that; I’ll revise on reflection and comment.  And note: transparent bias is not a problem; bias, for purposes of this outline, is that which distorts truth or that affects a purportedly neutral story.

  • Factual errors (biased research): Inaccurate reporting resulting in a story more favorable to X
    • Wrong facts intentionally used
      • No sources apart from journalist
      • 3rd party sources researched by journalist while knowingly ignoring contrary evidence
      • Bias party’s (X’s) sources used by journalist without checking for contrary evidence (willful ignorance)
    • Wrong facts unintentionally used
      • Bias party’s (X’s) source, but journalist does not know source derives from X
      • Reporter’s assumption erroneously used as fact
  • Analytical errors (biased conclusions)
    • Conclusion resulting from assumed/biased premise
    • Failing to conclude
      • Allowing opposing arguments equal status without concluding on their veracity
        • (this is not so much bias as journalistic laziness; however, it can weigh as more heavily biased if the story concludes that reasonable people differ)
      • Allowing an argument to serve as a counterpoint when it does not, in fact, address the substance of the point
  • Biased presentation
    • Misleading headlines – where headline or lead in do not match with logical conclusion to the story
    • Context
      • Selected context selected to misrepresent language or action
      • Failing to provide context of item
      • Incomplete context
    • Biased story-structure
      • Allowing opposing arguments equal status in order to present side as legitimate
    • Wording/Tone
      • Use of descriptors that present an overall bias

A friend and I had a good, but short, debate on news-biases after he buttressed his claim to neutrality in news-listening by noting his propensity to be equally disgusted hearing the bias in Fox News and NPR.  Having been on the “What Liberal Media” beat a few years ago on this site, I had to engage him on this one.

For purposes of transparency: I argued that NPR has the least profit-motivation and is the most accurate.  I also argued that NPR fell least into the error of thinking that fair reporting equals allowing two people from a story’s opposing sides to have their say (who determines those sides, and the representatives of those sides).  My friend embraced the notion that a news outlet should aim to tell the truth of a story rather than present sides, and largely based his perception of bias in the substance of what NPR chooses to report.  We were cut short, at that point.

After that discussion, I saw this bit, from a column in the Richmond Times Dispatch:

We love nearly everything about NPR’s supremely well-done shows, except for two things: (1) the navel-gazing personal essays in which every third word is “I,” and (2) the supercilious leftism that pervades the programming like the odor of patchouli at an Earth First! powwow.

I don’t have a high opinion of the material that comes out of the TD editorial page, particularly when it has the Palin/Giuliani tone of sarcastic.  I’m not sure what he has in mind on criticism #1; and his hot hatred of haughty environment-loving liberals is just off-putting.

His conclusion exposes his notion of fair media – choose supposed spokespeople for supposed legitimate views in a debate:

Ironically, NPR execs complain that by airing commentary from Liasson and Williams, Fox can deflect the charge that it’s dominated by right-wing voices. “Fox uses Mara and Juan as cover,” an NPR source complained to Politico.

Perhaps. But at least Fox leavens its right-wing bias with liberals. Still doubt NPR is even more biased than Fox? Just imagine NPR inviting Sean Hannity as a regular guest commentator.

I’m reminded of a phrase that my Torts professor used, and that I like: “reasonable people can differ.”  I like that, because it is important to remember that reasonable people can maintain opposing presumptions or conclusions on a given item – and the important thing in a debate is to identify those points of difference, and examine, where possible, the weight of evidence supporting the opposing views.

Remembering that, two major flaws in much news media come to mind:  One, sometimes reasonable people cannot differ – it is, in fact, unreasonable to hold some opinions.  Two, the news ought not feel it’s job done in airing the opposing sides when reasonably differing – a news source ought examine and report the evidence that allows the audience to determine which view persuades.

News is about truth-telling.  (By the way, none of all this is to say that news is the best source of civic information.  I’ve argued on here before that I would rather read transparently biased civic opinion, like 18th Century pamphlets, than feeble-minded news that fails to knock the door of substance.)

A couple more things.

It is helpful to remember our college paper-writing, and the difference between primary and secondary sources.  The primary source is the thing, and secondary sources explain the thing.  The primary source is Federalist 26, the secondary source is Lilly’s description of F26 below.

With news, primary sources are legislative bills, press conferences, fires, battles, and other things that get reported.  Secondary sources are the scripts read by Brian Williams.

Largely because of the internet, we are much more able to study the primary sources that we used to rely on secondary sources to convey.  Anyone can go straight to the latest health reform bill.  I’ve argued before that, with blogs, there is no inherent authority; so, good blogs hyperlink to the primary source (be it a bill, an article, or youtube clip) on which they offer exegesis.

The accessibility of primary sources, I think, is one of the crucial changers to news.  And that is why the question of bias, as pondered in most conversations I hear, is off-point.  A secondary source inevitably carries with it a perspective and a background bias toward some end – be that in political viewpoint, an urge for commercial success, or aesthetics.  Access to primary sources relied upon by secondary sources allows the news recipient a more complete knowledge than in a setting wherein the recipient simply absorbs.  Thus, bias has as much to do with the audience than the news source.

Finally, I don’t think there is any way to have perfect news.  My call for pamphleteering is a response to that conclusion – it is better to have transparent bias than purported objectivity.  It is more useful to me to read two opposing arguments, court style, than one summary that purports to get it right.  The items in the outline ought not be understood as a checklist that can be conquered.  Rather, they are items that we can keep in mind while receiving news; much like the rules of evidence that guard against the fallibility of our information intake.  In other words, to repeat the sentiment of the penultimate paragraph, the items are more relevant to the news audience than the reporters.

Worth keeping tabs on this one – New York, via its next gubernatorial candidate, Andrew Cuomo, filed an antitrust action against Intel.  From NY Times:

The lawsuit charges that Intel violated state and federal laws by abusing its dominant position in the chip market to keep its main rival, Advanced Micro Devices, at bay. Intel has faced similar lawsuits in Asia and Europe, and in May the European Commission fined the company a record $1.45 billion for antitrust violations.

These cases have largely revolved around deals Intel had struck with computer makers and retailers that, regulators said, pressured them into picking the company’s microprocessors — which serve as the central chip inside personal computers and servers — instead of competing products from A.M.D.

Speaking of Intel, am I alone in finding their latest ad campaign pompous?  The USB’s co-inventor walks into a room to wild adoration: “Your rock stars aren’t like our rock stars.”  A guy makes – a + and giggles: “Your jokes aren’t like our jokes.”  And then, a bunch of efficient hummers alertly offer the Intel jingle.

Compare the theme to several other recent ad campaigns.  Bank of America shows a bunch of folks (an attempt at a sort-of visual quilt of American workers) walking forward to suggest that we, collectively, are moving past the financial pits.  Mac-guy is supposed to represent everyman – or, hip everyman – excluding only the red staple holders of America.  PC (Microsoft) celebrates over-achievers and they are a bit neo-geeky, but the commercials includes the audience as a potential member of the “I’m a PC (and saving the world with smart-_____ )” club.

So Intel took a new turn with such explicit elitism.  It makes some sense – we want elite technicians making our microchips.  But, the ads leave a sour note.  They are almost funny, and could have kept the same theme.  I think their failure is the Our ___ are not like your ___.   That’s just off-putting and mean.

I wonder if the media is sexist.

The NY Times reported on what members of big media (and Howard Dean) had to say.  Christopher HItchens then disagreed, with typical HItchens mean-wit, that any of the Times’ examples of sexism were really convincing of the crime.  Really, he seems to use the column as an excuse to really make sure the audience knows how much he didn’t like her campaign, but I do agree with him in wondering how discussion of a cackle, while irrelevant, is a mark of sexism.  The, TPM’s election page agreed , if “to be treated unfairly by the press” = “to be a victim of sexism.” (to be fair, the TPM piece runs through examples of media stupidity (unfairness, reporting on non-stories, etc) on Clinton, and promises a similar look into media stupidity on Obama (and one would urge McCain, just for a complete comparison). But the piece’s discussion of unfairness comes in the news-text of a bunch of pondering over sexism, and unfairness seems to be at least an indicator)

I’ve discussed the question of whether Clinton got sexist treatment from the media a few times now, and realize a few questions could use addressing.  What is sexism?  What is sexist media coverage?  What is the media in this context, when talking campaigns?

The TPM piece on unfairness documents (and pretty savvily vis a vis the ‘what is media thing’) various unfair treatments of Senator Clinton.  But, I’m not convinced the unfairness documented is of any greater degree than treatment of other candidates. The media doesn’t take most candidates seriously, ever – is there an “ism” word to cover treatment of candidates without money, celebrity status, charisma, relatively good looks, or some party history placing them in the group of “serious candidates”?

All the same, I am still very interested in whether sexism affected coverage, amplifying irrelevant and inane coverage as would exist regardless of age, sex, or race. I think we can identify sexism as a predisposition to hold a lower opinion of a person because of their gender (is it sexist to hold a higher opinion of a person based on gender alone? Was it sexist when media covered John Edwards’ good looks?)  I think we can identify media moments of sexism by stories, columns, and online posts that betray the writer’s sexism (or, perhaps, the tv person’s sexism, as manifested through voice-tone, ad hoc comments, etc).  But, the Supreme Court has proved that a writer’s intent is not always readily apparent. Is the media being sexist?  Does the “media” include the websites, like Drudge, that fed so many stupid stories the networks picked up? Does it include blogs?  Comments on blogs?

In any event, the discussion brings to mind an old question I’ve had about perspective.  Say I read a news story, and decided “not sexist.”  Then, say a female friend read the same story and decided “sexist.”  Which of our opinions is right?  Is she right, because she’s a female, having potentially experienced being a victim of sexism, and thus more adept in identifying it?  What if she is over-sensitive to sexism, too-quickly labeling actions as sexist?  What if, in that regard, I am more objective and accurate?  Oh, but perhaps sexism is a subjective issue, whether it exists being dependent on the audience (if a person feels it, it exist).  But that really makes a meaningful look at sexism, at all, impossible, doesn’t it?  Thoughts?

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