JULY 1999 Volume 28, Number 7

IMPRIMISBecause Ideas Have Consequences 27th The Evolution– year and Devolution– of Journalistic Ethics

Marianne Jennings 845,000 subscribers Professor of Legal and Ethical Studies Arizona State University

Journalists are the eyes and ears of society. arianne Jennings is an They gather, sift, and communicate millions of M award-winning pieces of information. But as Marianne and radio commenta- Jennings warns, some believe that tor, director of the Joan and the facts are less important than a story that David Lincoln Center for Applied “sells” or that promotes a cause. Ethics, and professor of legal Professor Jennings delivered her remarks at and ethical stud- the February 1999 Center for Constructive ies at Arizona State Alternatives seminar, “The Fourth Estate: A University. With undergrad- History of ,” which was co-hosted by uate and law de- Hillsdale’s newly established Herbert H. Dow II grees from Brig- Program in American Journalism. ham Young Univer- sity, Dr. Jennings lawyer by training and a newspaper col- has written six text- umnist by avocation, I teach ethics at a books, and more business school. People tell me that’s than 130 articles. four oxymorons in one sentence. Her column in the AMy unusual career choices have made me Arizona Republic realize that lawyers, businessmen, and journal- has been reprinted ists wrestle with the same ethical concerns. But by , the Chicago Tribune, and other - journalists face the greatest challenge. They not papers nationwide. A collection of only have to decide whether to follow a code of her essays, Nobody Fixes Real ethics personally but also whether that code Carrot Sticks Anymore, was pub- should apply to the stories and the subjects they lished in 1994. cover professionally. There’s an old joke about journalism that bears repeating: Imagine that the Lord has just given Moses the Ten Commandments, which are the core of the ethical systems of Judaism, Christianity, and Islam. As the old Hebrew Also in this issue: prophet descends from the mountain, the Michael Medved reporters crowd around him for the inevitable Television News: . Then they report breathlessly to Information or their television and radio audiences: “Ladies and ? Gentlemen, Moses has just returned from Mount

A Monthly Publication of Hillsdale College, Hillsdale, Michigan 49242 IMPRIMIS Because Ideas Have Consequences

Sinai with Ten Commandments from God, the two •resists social change; most important of which are . . . .” •prefers the superficial and sensational; Unfortunately, journalists often regard ideas •endangers public morals; about right and wrong as old-fashioned and out- •invades privacy; moded. And they often fail to live up to high ethi- •is dominated by one socioeconomic class; cal standards. Consider this real-life admission by •interferes with the open marketplace of ideas. a famous reporter: Luce was livid when he read this report. He Tales of lawsuits no court had ever seen involv- feared that Congress would step in and take con- ing names no city directory had ever known, trol. Fortunately, Congress refrained, and we still poured from me. Tales of prodigals returned, have as outlined in the First hoboes come into fortune, families driven mad Amendment. by ghosts, vendettas that ended in love feasts, and A newspaper publisher was once confronted by all of them full of exotic plot turns involving par- a prominent businessman who complained, rots, chickens, goldfish, serpents, epigrams, and “I don’t like what your reporters and editors have second-act curtains. I made them all up. been saying about my company.” The publisher wisely replied, “I’m sorry, but I can’t control these Was it New Republic associate editor Stephen people.” We should not want to control “these peo- Glass? He was fired in May 1998 for making up out ple” through government regulation. But we of whole cloth half a dozen articles and fabricating should expect them to deal honestly and fairly with portions of more than 20 others. Or was it Boston their subjects, and we should hold them responsi- Globe Patricia Smith and Mike ble in the courts and in the marketplace. Barnicle? It was revealed in June 1998 that they were allowed to keep on writing for years after their editors suspected that they were making up people Rights Without and events. Or was it CNN’s star producer April Oliver? Oliver was booted from the network in July Responsibilities 1998 after airing a false story claiming that the U.S. military used nerve gas in Laos. he 18th-century British conservative Actually, it was Ben Hecht, the legendary news- statesman called the paperman who began his career at the Chicago press the “fourth estate,” implying that it Journal. In 1910, as a cub reporter, Hecht confessed was as important and as influential as to making up news stories and was suspended for a Tthe three estates, or branches, of government. His week. He was never again to write fiction as a jour- contemporary and ideological foe, the French nalist–but he did go on to do so as a highly success- philosopher Voltaire came up with what (as it was ful novelist and Hollywood screenwriter. You may later paraphrased) became the rallying cry of the remember seeing the original or one of the many press: “I disapprove of what you say, but I will remakes of his most famous screenplay, Front Page, defend to the death your right to say it.” Both men a 1928 comedy about–what else?–reporters caught would have agreed with former U.S. President up in their own lies. John Adams when he wrote in 1815: Journalists are tempted to fiddle with the truth because they need to write sensational stories that If there is ever to be an amelioration of the con- will sell . The “scoop” was everything dition of mankind, philosophers, theologians, back in 1910, and it still is today. legislators, politicians, and moralists will find that regulation of the press is the most difficult, dangerous, and important problem that they Freedom of have to resolve. Mankind cannot be governed the Press without it, nor at present with it.

n 1947, Henry Luce, the founder of Time, A free press is necessary for the effective func- Life, and Fortune magazines, commissioned tioning of our republic. But it is also an invitation a report which concluded that the press: to abuse. Given all the scandals that have occurred I recently, journalists have been trying to agree •wields enormous power for its own ends; upon a professional code of ethics. The American •propagates its own opinions at the expense of Society of Newspaper Editors and the Society of opposing views; Professional Journalists have each published their •allows advertisers to dictate editorial content; own version. I have read them with interest. They 2 are well crafted and feature many sound ideas. But This student, like a number of ethically-chal- they err gravely by focusing less on journalists’ lenged journalists today, doesn’t seem to realize the conduct than on the “public’s right to know.” In importance of value-based decisionmaking. First other words, they say a lot about the rights and foremost, you should define the values that and very little about the responsibilities you hold most dear. I propose that journal- of the press. ists be guided by five important values. (I As an ethics professor, I have have borrowed them from novelist Ayn also found that those who rely Rand, but I could have easily found them in the most on written codes of conduct are the writings of many thinkers.) most unethical among us. They want a fancy document certifying their integrity Honesty that they can wave around, but they do not The first value is honesty. want to be bound by it. It is no wonder that one Journalists should not invent stories of America’s most popular journalists in the or “fudge” facts. Nor should they early to mid-20th century, American foster false impressions. This Mercury founder H.L. Mencken, called last provision may be the ethical codes for journalists “flap- most critical. My son Sam doodlish and unenforceable.” would never tell an out- right lie, but he is willing to tell less than the whole Value-Based truth. His second grade teacher put his name on the chalkboard if he Decisionmaking failed to follow the rules. My husband and I asked him every day after school, “Did you get your any journalists are content to practice name on the board?” and he would answer truth- what I call “Jurassic Park ethics.” fully. When he was in the third grade, we asked Have you seen Jurassic Park? You the same question, and the answer was always should, if for no other reason than “No.” We were thrilled that his conduct had been becauseM a lawyer is eaten alive. In this movie, a so exemplary. wealthy businessman finds a way to genetically Then we learned from his teacher that she had engineer DNA so as to revive extinct species. changed the policy; names were no longer written He uses this ingenious process to create a theme on the chalkboard but on index cards. We went park full of live dinosaurs. He stands to make home from parent-teacher conferences to confront untold millions, but his lawyers are afraid that our son: “Sam, you lied to us. You told us that you the park is unsafe. To allay their fears, the devel- were good.” Sam replied earnestly, “No, I did not lie oper invites a team of scientists to investigate. to you. You asked me if I got my name on the board, One, a mathematician, states his doubts, which go and the answer was always ‘no.’” far beyond the question of safety. He basically says, My husband looked at me and sighed. “Dear,” he “The problem that I have with what you have done said, “we are raising a president.” here is that you spent so much time asking Likewise, it is wrong to exaggerate the truth. whether you could do this that you forgot to ask In 1992, NBC’s Dateline presented an investigative whether you should do this.” report on GM trucks. There is no question that Unless journalists grapple with the “should” there was a problem with the gas tanks. But the question, written codes of ethics are meaningless. show’s producers secretly detonated incendiary Let me explain further by relating an incident devices in a staged crash. The editor of a popular that happened recently in my classroom. A student car magazine exposed the scandal, but it was not asked me, “Would you embezzle one million dollars until GM spent $2 million on a full-scale investi- from your employer if your mother needed it to pay gation that NBC admitted any wrongdoing, and for a lifesaving operation?” My response was an even then President Michael Gartner insisted that emphatic “No!” He was upset and cried, “Why, you the segment was “fair and accurate.” heartless wench! No wonder I’m getting a C in this This is deeply troubling, especially since televi- class.” It never occurred to him that there were other sion news is the primary of news in the ways to phrase the question. If he were to say, “Would world today. As syndicated columnist Richard you raise the money for your mother’s operation?” Reeves says, it is a form of mass media that is my answer would be “Yes!” If he were to say, “Would fraught with ethical problems since millions of you pledge everything you owned for your mother’s viewers believe the camera doesn’t lie. operation?” my answer would again be “Yes!”

3 IMPRIMIS Because Ideas Have Consequences

Independence Similarly, he may disagree and find it hard to say The second value is independence. Journalists anything positive. Scan any newspaper for stories should avoid conflicts of interest. One such conflict about, say, the environment, and you will quickly occurred in 1998, when the Walt Disney Company, discover that many journalists are predisposed to which owns Capital Cities/ABC Inc., killed an ABC consider environmental activists the “good guys” television news magazine series on lax security and oil company presidents and loggers the “bad and pedophilia in amusement parks. Another con- guys.” Or watch all the junk science television flict occurred when ABC anchor and celebrity news specials about pesticides, food additives, interviewer Barbara Walters ran a flattering profile breast implants, nuclear power, and global warm- of composer Andrew Lloyd Webber just before ing. Reporters are reputed to be natural-born skep- Sunset Boulevard opened in 1997. What Ms. tics, but they almost never challenge the alarmists Walters failed to disclose and what the New York on these important issues. Post revealed the following week was that she had invested $100,000 in the new Broadway musical. Productiveness Ironically, Ms. Walters responded like the typical The fourth value is productiveness. Journalists businessman who is so often the target of 20/20 should do their own homework. The secret of suc- ambush interviews. She said, in effect, “How could cess in any field is plain hard work, but in journal- you ever think that I would compromise my ism it is also the key to getting the story right. Some integrity for money?” of the best reporters are often referred to sneeringly as “junkyard journalists,” but that’s because they Fairness go where no one else is willing to go and they check The third value is fairness. While it could be up on the little leads that appear to be dead ends. argued that the truth by definition is fair, the 19th- Doing your work means that you do not accept century British poet William Blake was right: the word of somebody else; you check the facts yourself. That’s what Rod Decker, a local KUTV A truth told with bad intent reporter, did in Salt Lake City in 1998. He broke Beats all the lies you can invent. one of the biggest stories of the year when he dis- covered that bribery and widespread corruption The “truth” in the January 25, 1999 issue of influences the way Olympic sites are chosen. People profile of Chief Justice William Rehnquist Although most members of the community were was meant to wound: “Among the controversies uncomfortable with his revelations and some [surrounding Rehnquist] were reports that became hostile, Decker persisted. covenants on his house in Phoenix and a vacation Then there is the enterprising, diligent, and home in Vermont prohibited their resale to racial courageous reporting of Newsweek veteran or ethnic minorities.” A parenthetical note fol- Michael Isikoff. As one source admits, “Years from lowed: “(Rehnquist claimed he had been unaware now, when we look back on the Clinton impeach- of the covenants.)” ment scandal, Michael Isikoff’s name will be The obvious implication is that the Supreme stamped on the story.” Despite his editors’ strong Court is led by a closet racist. disapproval, he painstakingly investigated allega- Now, one of my books is a real estate law text tions of sexual misconduct on the part of the pres- (in its fifth edition), and I can assure you that ident. He did so as a serious reporter, not a tabloid there are very few properties in the United States sleazehound, yet he is now branded as such by that don’t have racial covenants hidden some- Clinton supporters. where in their history. Such covenants were Isikoff has no regrets. He states that he is glad declared unconstitutional in the 1950s, but to that he pursued the truth. This puts me in mind of require property owners or clerks to physically an old adage that his critics would do well to heed: strike them from all the land records in the nation “The truth is violated by falsehood but outraged would be an undertaking greater than trying by silence.” to prepare for Y2K. We don’t have the resources, we don’t have the funds, and it is plain silly since Pride the covenants have been declared invalid. The fifth value is pride. Permit me once again Furthermore, covenants often appear only in to use an example from my own life. Years ago chains of title and not in the deeds. So property when I was working in the U. S. Attorney’s Office, we owners are not likely to know that they even exist. did not have word processors. One of the secretaries Fairness is also endangered by personal bias. finished making final copies of a 75-page brief for A may agree with the individuals, orga- an appellate case. At the last minute, I discovered a nizations, and causes he is covering, so it may be typographical error. I went to the senior attorney hard for him to report anything negative. and said, “This is not my fault. I corrected the typo 4 on the last draft, but the secretary missed it.” American public was Peter Arnett. Arnett was not He looked at me and said, “Does it have your fired. He was reprimanded by the network after name on it?” When I replied that it did, he said mat- insisting that he hadn’t really done any real ter-of-factly, “Then it is your mistake.” reporting at all; he had just read the script that was It doesn’t matter how many people help a handed to him. But he allowed his name to appear journalist on a story. When it appears in print or in the credits for a story that turned out to be false. on the air with his name on it, he has to take Shouldn’t he have held himself accountable? responsibility for it. This is a hard lesson that even Clearly, value-based decisionmaking is lacking veteran journalists have difficulty learning. in the modern media. As consumers of the news, we Remember the dishonest CNN report I mentioned ought to do everything in our power to remind earlier about alleged use of nerve gas in Laos? The journalists that it should be paramount. “star reporter” who presented that report to the Television News: Information or Infotainment?

Michael Medved At Hillsdale College’s February 1999 CCA, Film Critic, Radio Host film critic and radio host Michael Medved argued that the “line between news and enter- tainment has been obliterated in our television- ongtime co-host of the obsessed culture” and that this is because of the L PBS series Sneak Pre- nature of the medium. views and chief film critic for the , Michael recent Gallup poll reveals that Hustler Medved now hosts a daily publisher Larry Flynt enjoys a higher per- three-hour radio talk show sonal approval rating (42 percent) than syndicated in more than 100 House Committee chairman cities throughout the HenryA Hyde (30 percent). I can’t think of a better or United States and serves as a member more disturbing example of the tremendous power of the Board of of television news. Contributors for USA Newscasters and correspondents seldom if ever Today. identify Flynt as a hard-core pornographer. Instead, An honors grad- he is politely referred to as a “controversial defend- uate of Yale and er” of the First Amendment and freedom of the a Hillsdale College press. Even when the brazenly misiden- Life Associate, he is tified Flynt (one of Clinton’s staunchest allies) as a the author of eight publisher of a “news magazine,” it provoked mere- nonfiction books, ly titters rather than indignation. Is this because including the best- sellers What Really Hap- Tom Brokaw and Peter Jennings consider Flynt a pened to the Class of ’65, The colleague? Even if Flynt owned a gold-plated press Shadow Presidents, Hospital, pass and a trunk full of Pulitzer Prizes, I doubt and Hollywood vs. America. that they would want to be professionally associat- His latest book, Saving Child- ed with him. hood: Protecting Our Children They don’t call him by his true name (“Porn- from the National Assault on ographer General,” as dubbed by Wes Pruden of Innocence, was written with the Washington Times) because the line between his wife Diane Medved, who is news and entertainment has been obliterated in a clinical psychologist and our television-obsessed culture. Flynt is not just a best-selling author. sick sideshow figure anymore; he is a newsmaker. And he is not the only one to benefit from this unfortunate situation. In 1997, for example, Geraldo Rivera struck a $40 million deal with NBC News; Rivera wanted to shed his image as a sleazy

5 IMPRIMIS Because Ideas Have Consequences talk show host, and the network wanted a top five children to a Christian school? Do you tell celebrity for its news division. your cameramen to zoom in when he arrives It isn’t just that the news tilts toward entertain- home late at night, kisses his sons and daughters ment and entertainers. Entertainment is the news. as they lay sleeping, and asks God’s blessing on When the hit television series Seinfeld went off the them? Sure, this is an American story. It happens air in 1998, all the major networks ran lengthy every night in Detroit, Cleveland, Saint Louis, Los stories. The Hollywood press con- Angeles, and New York. But ference that announces the nomi- “Television guru is it news? Never! nees for the Academy Awards What if the same janitor receives coverage comparable to Marshall McLuhan arrives home and some- the president’s “State of the thing snaps? He gets a pis- Union” address. And the box office once remarked, tol from the closet, shoots tallies of the sequels to Jurassic his children, and then Park and Star Wars become ‘The medium is shoots himself. You don’t major network news stories. the message.’ But have to think about In this day and age of giant whether to run this story. conglomerates, a number of the medium is also Your decision is automatic: networks are now owned and “If it bleeds, it leads.” operated by film studios, but the problem.” there is no grand media conspir- acy. There are plenty of independent news sources Shortened that provide competition. So who is responsible for the triumph of “infotainment” over information? Attention Span It is us, the consumers of the news. We allow televi- sion to be our main source of news, and this leads elevision news encourages a short to three critical distortions in our lives. attention span and a lack of perspec- tive. Forget about nuclear weapons and germ warfare. The most destructive Self-Pity Tinvention of the 20th century is the remote control. Channels magazine notes that the average adult elevision news encourages self-pity. TV male (who wins the gender and age battle over spokesmen talk a lot about the impor- possession of the remote in most American house- tance of the “news business,” but what holds) changes stations every 19 minutes. If this they really mean is the “bad news busi- keeps up, “channel surfing” will soon be an Tness.” Except in small doses, good news simply Olympic sport. doesn't make for good television. The tube Imagine once again that you are a news direc- inevitably emphasizes violence, mayhem, death, tor. You know that most guys are incapable of destruction–it doesn’t matter if we are talking watching a half-hour program. How do you about battles, riots, train wrecks, or hurricanes–as respond? By changing the entire nature of televi- long as it is visual, dramatic, and compelling. That sion in a desperate bid to keep viewers riveted. In is why news producers love wars and natural disasters. the 1950s, a typical camera shot lasted 35-50 sec- Bad news is not only the lifeblood of the major onds. In the 1990s, it lasts five seconds. networks but also stations across the Commercials are even more frenetic, often switch- nation. A USA Today survey indicates that 73 per- ing images after only one second. Television cent of the lead stories they air are devoted to cov- sound bites have also been reduced to the point of erage of some kind of natural disaster or violence. absurdity. Forget about the interview subject who Bad news literally drives out good news. To tells you what he thinks about the state of the understand why this happens, try putting yourself economy or the defense budget in 25 words or in the position of a television news director. How do less–you have to find someone who can do it in you make your show gripping? Do you show a three words–and they better be pretty titillating, or computerized graph on the declining national they won’t make it onto the evening news. crime rate or live footage of an elementary school Titillation is the new and ultimate entitlement shooting? Do you interview a small business owner of television viewers. We want to be excited by what who has created 100 new jobs in the plumbing we watch. It doesn’t matter if topics are pre- industry or an environmental activist who claims sented in a thoughtful and thorough manner, just to have proof of a deadly new toxic threat? as long we aren’t bored. Do you run a lead story about a Detroit janitor Who among us would tune into a broadcast of who moonlights as a cab driver so he can send his the Lincoln-Douglas debates today? We ought to

6 remember what life was like before television. Our love affair with television has led to an In 1858, 20,000 residents of Freeport, Illinois, obsession with appearance. Look at the current heard presidential candidates crop of anchormen and anchorwomen. Do you and Stephen A. Douglas speak for four hours think they were chosen to read the news because without microphones, teleprompters, or com- they were at the top of their classes in journalism mercial breaks. In city after city, Lincoln and school? Everything on television, even the “truth,” Douglas grappled with consequential issues, and is subordinate to appearance. The medium whis- they attracted huge audiences of ordinary citi- pers to us: Who are you going to believe–“trailer zens–farmers, laborers, shopkeepers, housewives, trash” like Paula Jones with big hair, heavy make and even school children. Today, they would be -up, and tacky clothes–or a handsome politician hard-pressed to get an hour of airtime on PBS like Bill Clinton who wears impeccable suits, holds and even if they did, their Nielsen ratings would hands with his wife in church, and oozes with sin- be abysmal. cerity when he says, “I did not have sexual rela- tions with that woman”? Superficiality Television is all about surface impressions, and this means that intentions, feelings, and and Subjectivity desires take precedence over logic, substance, and reality. Worse yet, television news infects viewers elevision news encourages superficial with what I call the “do-something disease.” It and emotional responses. Did you watch presents alarming stories about every imaginable the taped broadcast of Monica Lewinsky’s tragedy–famine, cancer, illiteracy, pollution, you deposition during the Clinton impeach- name it–and encourages viewers to feel that they mentT proceedings? What did you notice? Was it the should do something right away. It doesn’t matter substance of her conversation with Betty Currie on if they can’t solve these problems. What does mat- December 17? No, of course not. It was her hair ter is that they will feel a whole lot better. style, her weight, the timbre of her voice.

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