Death to the fact check

Not because it’s a bad idea, but precisely the opposite: the ultimate goal of fact-checking should be for the practice to appear as part of regular news reporting, instead of as a separate, specialized feature that garners significantly less attention. The Columbia Journalism Review‘s Brendan Nyhan sums it up best:

Dedicated factcheckers like PolitiFact and Factcheck.org play a critical role, but we will know that factchecking has succeeded in changing American political journalism when it disappears as a specialized function. The process of factchecking needs to be integrated into political coverage, not ghettoized in sidebars and online features. If more reporters adopt best practices for covering misinformation (including exercising discretion in not fact-checking some statements), politicians and other public figures could face even more effective scrutiny in 2013 and beyond.

The problems with Skyfall

Eric Alterman was nonplussed about the latest James Bond film, Skyfall:

Things that are too stupid about “Skyfall” to accept, though it does not make it impossible to enjoy the movie:

1) It is based on a total absurdity: No intelligence would ever (or even could) compile such a list.

2) There is never any explanation given for the existence of said list.

3) When Bond “dies” in the beginning and then ends up on that beach, well, what? How did that happen? Again, no explanation.

I don’t mind absurdities within the movies. I do mind a) the plot being based on one and b) them not bothering to try to explain them.

Things that are silly but okay, because this is Bond: Everybody in the movie has hundreds of chances to kill everybody else. They prefer to describe how they are about to kill them instead. That’s standard fare in all bad guy movies.

Almost There: Supreme Court to Decide Whether to Hear DOMA, Prop 8 Cases

Karen Golinski, a federal employee in California, and her wife Amy Cunninghis.  Golinski is one of the plaintiffs challenging the Defense of Marriage Act. (Photograph by Jim Wilson/The New York Times.)

Tomorrow, the Supreme Court is expected to decide whether to hear a same-sex marriage case this term. While the Court has an array of petitions to choose from–five Defense of Marriage Act (DOMA) cases, the California Proposition 8 challenge, and an Arizona state benefits case are all on deck–it looks likely that at least one DOMA case will get the nod if it does tackle the issue. (And not just because Justice Ruth Bader Ginsburg predicted it would earlier this year.) The Proposition 8 case, Hollingsworth v. Perry, may be flashier, but it concerns a constitutional amendment that affects only same-sex marriages in California. On the other hand, DOMA creates a conflict between the federal government and any state that recognizes same-sex marriage, a group that has now grown to nine (plus the District of Columbia) and counting. As the number of legally married gay couples continues to climb, it is in the interests of the Supreme Court to decide DOMA’s constitutionality sooner rather than later.

Should the Court hear a DOMA challenge, what will be at stake for both sides? The five DOMA cases all arise from a dispute between state and federal definitions of marriage, which has been steadily brewing since the 1996 passage of the Defense of Marriage Act. While family law has traditionally been left to the states, Section 3 of DOMA defines “marriage” for federal purposes as a legal union between one woman and one man, and a “spouse” as an opposite-sex husband or wife. In the places that have recognized marriages between two women or two men, however, same-sex spouses find themselves caught in a strange limbo where they are legally married in the eyes of the state but not in the eyes of the federal government. They receive all the state benefits and privileges that marriage affords, but DOMA prevents them from enjoying the many federal benefits of marriage* that their heterosexual counterparts receive, including Social Security survivors’ benefits, joint income tax filings, shorter green card waiting times for non-citizen spouses, freedom from estate taxes on a deceased spouse’s assets, and family coverage on federal employer health insurance plans.

The DOMA challengers from Massachusetts (Gill v. Office of Personnel Management, Massachusetts v. U.S. Department of Health and Human Services), New York (Windsor v. United States), Connecticut (Pedersen v. Office of Personnel Management) and California (Golinski v. Office of Personnel Management) are a sympathetic bunch. They include a federal government employee wishing to enroll her family in her health insurance plan, a senior hit with over $300,000 in federal estate taxes for an inheritance left by her wife, and a veteran denied Family Medical Leave Act time off to take a sick spouse to medical treatments. The challengers argue that the differential treatment between opposite-sex and same-sex married couples violates the Equal Protection Clause, and that the federal government impinges on states’ rights by refusing to recognize same-sex marriage where states have chosen to legalize it. In all five cases, the federal appellate circuit courts agreed with them. On the other hand, the supporters of DOMA maintain that the federal government has a right to its own definition of marriage for the purposes of federal funding and programs, and that DOMA merely reaffirms what the executive and judiciary branches have always believed: namely, that marriage can only be between a “traditional male-female couple.”

Less work for Eric Holder. (Photograph by Brendan Smialowski, AFP/Getty Images)

Adding a wrinkle to this scenario is the fact that the executive branch has actually been doing everything in its power to get the judiciary to step in and resolve the issue in favor of the anti-DOMA side. In February 2011, the Obama administration announced that the Department of Justice would no longer defend DOMA in legal challenges, including the five cases before the Supreme Court now, because it believed Section 3 to be unconstitutional. (The Bipartisan Legal Advisory Group from the House of Representatives now defends DOMA in court.) At the same time, the administration signaled its intention to keep enforcing the law (by continuing to reject federal benefits applications from same-sex married couples) until either Congress repealed the law or the Supreme Court decided its constitutionality. While this may seem counterintuitive, this bifurcated method of enforcing but not defending a federal law ensured that all five cases had a chance to keep moving through the federal appeals system and reach the Supreme Court. Granting the plaintiffs their benefits in the middle of a case would have removed their immediate cause for complaint and mooted their lawsuits before an appellate court could find the underlying law unconstitutional. Keeping the plaintiffs’ injury alive, however, kept the cases in play. Now that they have reached the certiorari stage, the DOJ has explicitly asked the Supreme Court to take at least one case and provide a definitive ruling on the constitutionality of Section 3.

The 2010 Census found that 42,000 same-sex couple households resided in states with same-sex marriage.  That figure doesn’t even include the thousands more in Maine, Maryland and Washington, the three states that legalized same-sex marriage this month. Thanks to the bottom-up, state-by-state legalization approach that marriage equality proponents have been using, nearly one-fifth of the states now allow gay and lesbian couples to marry. The more states that join, the higher the number of couples adversely affected by DOMA will be, and the more challenges we will see in the federal courts. Expect the Supreme Court to accept at least one DOMA petition, and expect the arguments to focus not only on equal protection but also on federalism and states’ rights. I’ll be back next time to talk about the Court’s track record on gay rights and the likely concerns of our resident swing vote, Justice Anthony Kennedy.

* In January 2004, the United States General Accounting Office counted 1,138 provisions in federal statutes in which “marital status is a factor in determining or receiving benefits, rights and privileges.”

Victoria Kwan holds a J.D. from Columbia Law School in New York and has just completed a clerkship with a judge in Anchorage, Alaska. She tweets as @nerdmeetsboy and will continue to post here on legal issues.

Omaha

Kathleen Massara reminisces about growing up in Nebraska’s biggest city (although, as in New York, the capital lies strangely elsewhere). As an Omaha native who moved to the East Coast at the age of nine but then spent four additional years in the suburbs of Chicago later on, I can confirm the validity of her observations about the Void:

Which brings up the point: to grow up in Omaha is an exercise in confronting the void. The Void should be capitalized, though, because it is a big deal. Here, the buildings are stout, the streets are wide, and there are twice as many bars as there probably should be for a mid-sized city. In the winter, when the surrounding farmland lies fallow, the only thing in your rearview mirror will be sky—ominous, gray-streaked winter sky with giant clouds hanging low. It reminds you of your insignificance, of how fucked you would be if your car broke down.

It is a city bifurcated by I-80, the interstate running from San Francisco to Teaneck, New Jersey, which means that you can coast along at 60-plus miles per hour to get from downtown to more residential areas in a matter of minutes. It also makes it easy to enter and exit the city without stopping. Omaha is a rest stop, a short break on your way to more exciting places. We all know this, and we resent you for it…

I left Omaha because the Void frightened me. The landscape was too large for my reptilian brain to handle, and I wanted to see a world outside of insurance agencies and tight military haircuts. It turned out, though, that I had stupidly underestimated the intelligence of Omaha’s good-natured citizens, and every time I come home I find my curiosity growing. When we’re not catering to the needs of those aging Americans who still order things over the phone, we’re figuring out what to do about Iran, or how to keep China in line. The people planning our geopolitical strategy and acting in the interests of national defense are living in a place you’ve probably never taken seriously. Welcome to The Good Life.

The hardest job in the world?

That may be slightly hyperbolic, but the New York Times Jerusalem bureau chief will always have his/her work cut out for him/her. And then shredded to pieces, castigated, and masticated ad nauseum. (Even just recently, I have also covered various unsavory aspects of the Times’ coverage of the Israeli-Palestinian conflict.)

In this regard, then, criticism of Jodi Rudoren is no different than the intense scrutiny faced by her predecessors (a line that most recently included Ethan Bronner, whose son served in the Israel Defense Forces). She got off to a rocky start earlier this year by doing things as downright treasonous as linking (via retweet) to a Hezbollah-friendly Lebanese news site and acknowledging the existence of Electronic Intifada founder Ali Abuminah, also in a tweet. (It should come as no surprise to anyone that Atlantic columnist Jeffrey Goldberg found all of this very upsetting.)

Well, she’s back in hot water again. As part of an otherwise very admirable step into social media (especially for an employee of an “old-fashioned” media institution), Rudoren posted the following commentary on her Facebook page on November 19, during the recent Israeli strikes in Gaza:

In terms of Sarah Sanchez’s q about effects on civilians, the strange thing is that while death and destruction is far more severe in Gaza than in Israel, it seems like Israelis are almost more traumatized. The Gazans have a deep culture of resistance and aspiration to martyrdom, they’re used to it from Cast Lead and other conflicts, and they have such limited lives than in many ways they have less to lose. Both sides seem intensely proud of their military “achievements” — Israel killing Jabari and taking out so many Fajr 5s, Hamas reaching TA and Jeru. And I’ve been surprised that when I talk to people who just lost a relative, or who are gathering belongings from a bombed-out house, they seem a bit ho-hum.

It was this last word — “ho-hum” — that sparked an avalanche of criticism. This flood of responses included one from Philip Weiss, founder of Mondoweiss.net and a fierce critic of Israeli government policies towards the Palestinians. He posted an article extensively analyzing Rudoren’s “ho-hum” comment, as well as previous statements she’s made, and concluded the following:

Rudoren was posted to Israel last June with her family, and we have a couple of times now…commented that she seems culturally bound inside the Israeli experience. These observations in the Facebook shtetl support that view.

When, to her credit, Rudoren linked to Weiss’ column — calling it an “incredibly unfair analysis of my Facebook posts, taking everything out of context to support his agenda” — many of her Facebook subscribers took to her comments section to air their perspectives, including me:

I hate to say it, but “they seem a bit ho-hum” is something you would never see printed in the NYT — or anywhere else — about Israelis/Jews. I’m not even saying it was deliberate bias, but just that certain narratives become reinforced through sheer force of habit and complacency. That was irresponsible phrasing.

Others voiced similar concerns. (The response was not unanimously of one mind, however. Several commenters registered disgust for Philip Weiss, for example.) The next morning in Gaza, Rudoren again — to her credit once more — took to Facebook to explain herself:

My feeling is that my posts on social media have to adhere to the same fairness standards as my work in the NYT itself, but not to the same tone or content standards as I try to bring a bit of reflection/behind the news. So while people are right that I would absolutely never use a term like ho-hum in the newspaper in this situation, I might well use a different word, and probably many more of them, to describe what I have experienced as a kind of numbness and, frankly, strength in the face of all that is happened to the people here. Steadfast probably would have been a much better choice.

I did not at all mean to imply that people were indifferent to the suffering, or uncaring, or unfeeling — they are passionate about their cause, deeply connected to the land being destroyed, with incredibly close extended families loved and honored above all else. What I meant was that their reaction to the literal things that had been happening this week was (mostly) outwardly calm, even, stoic. There is little panic and little public display of emotion (whether sadness or anger) that you might see in other cultures. Talking to people has made me think this is a mix of resignation, routine and resistance, along with a religious viewpoint that views death in this context as a sacrifice, of course, but also a worthy one.

Whether or not Rudoren’s elaboration was entirely honest is certainly debatable. But whatever its degree of veracity, it appears that such off-the-cuff statements will no longer be forthcoming from the freshman Jerusalem bureau chief. Today, New York Times public editor Margaret Sullivan (who yesterday also tackled the allegedly “Orwellian” captioning of a Gaza photograph that appeared in the newspaper) took Rudoren to task for her social media commentary:

Now The Times is taking steps to make sure that Ms. Rudoren’s further social media efforts go more smoothly. The foreign editor, Joseph Kahn, is assigning an editor on the foreign desk in New York to work closely with Ms. Rudoren on her social media posts.

The idea is to capitalize on the promise of social media’s engagement with readers while not exposing The Times to a reporter’s unfiltered and unedited thoughts.

Given the spotlight that the Jerusalem bureau chief is bound to attract, and Ms. Rudoren’s self-acknowledged missteps, this was a necessary step.

The alternative would be to say, “Let’s forget about social media and just write stories.” As The Times fights for survival in the digital age, that alternative was not a good one.

Some would argue, however, that this nebulous middle ground is the worst position of all. The Times stakes a large part of its reputation on the lofty notion that its reporting is utterly devoid of bias, an idea that implicitly extends to the reporters themselves. Of course, it is impossible to be utterly devoid of opinions and biases developed through experience, research, or otherwise (also known as “living”).

As this inherent contradiction — practiced far and wide by mainstream media establishments — is subjected to increasingly incisive scrutiny by the likes of Jay Rosen and others, some organizations (especially those being distributed primarily via the Internet) have taken to disclosing political leanings and other relevant information upfront, and allowing readers to decide for themselves whether the reporting is worthwhile.

But in the case of Rudoren, it appears the New York Times is doing neither: now that it is no longer able to plausibly deny the existence of a functioning analytical brain inside its Jerusalem bureau chief’s head, it has decided to censor her, instead of embracing the newfound transparency of her possible innate biases. In fact, Rudoren’s critic, Philip Weiss, is among the frustrated:

Count me an unhappy reader. I like the transparency of social media, I like to know about reporters’ biases. The Rudoren moment showed us that even reporters for the most prestigious journals are real people with real responses, for better or worse; and I believe that Rudoren’s apprehensions about Palestinian culture are widely shared in the US establishment (indeed, I have admitted my own apprehensions re Islam). In the unfolding of the story, we got to see Rudoren, who is a smart, tough, thoughtful person, respond and evolve before our eyes. Now the Times, worried about its authority being diminished, needs to pull the curtain.

Chimes in Pamela Olson: No more unfiltered thoughts from Mrs. Rudoren– it probably would have happened sooner or later anyway, but it’s a pity.  It was a fascinating look into the mind of an establishment journalist just getting her feet wet, unconscious biases and all, revealing things that are supposed to be kept well hidden.  It’s always fun to watch the newbies– reporters, politicians, thinktankers– slowly learn the various orthodoxies they must adhere to.

Fellow blogger, friend, and Middle East obsessive Max Marder is on the same page:

For many, Rudoren’s social media activity has provided a refreshing peak into the way she covers her beat. She should not be criticized for talking to, or sympathizing with, actors on the fringes of the Israeli-Palestinian political spectrum as long as her reporting remains unbiased. The Times decision to attach an editor to her desk to supervise her social media use will prevent its readership from gaining insight into its reporter’s true feelings.

This decision sets a dangerous precedent. In journalism and in social media, as in politics writ large, censorship has been delegitimized and transparency is the ideal. The Times should know better.

Noted Israel critic Glenn Greenwald expressed similar concerns:

The reality is that all human beings – even including journalists – see the world through a subjective prism, and it is impossible to completely divorce one’s assumptions and biases and cultural and political beliefs from one’s observations and “reporting”. It is far better to know a journalists’ biases than to conceal them or pretend they do not exist. Having a window into what Sullivan calls “the unfiltered and unedited thoughts” of journalists is of crucial value in knowing that these biases exist and in knowing what they are – which is precisely why the New York Times acted so quickly to slam that window shut.

Me? I’m a bit conflicted. The New York Times‘ solution feels excessively heavy-handed and, worse, effectively eliminates any incentive for someone like me to bother following Jodi Rudoren’s Facebook and Twitter feeds anymore. At the same time, even if Rudoren’s reporting itself appears to be at least superficially neutral, her troubling Facebook comments leave an open question as to whether she is truly approaching the Israeli-Palestinian conflict with an open mind. (Given her predecessor Ethan Bronner’s own familial entanglement, it can surely be said that the Times has followed a somewhat risky path in its Jerusalem appointments.)

I’m still willing to give her the benefit of the doubt. As Max Marder has pointed out (both in his post and in conversation with me), when it comes to this particular conflict, it is often difficult to distinguish bias on the part of the Times from one’s own political stance on the subject. Whatever mistakes Rudoren may have made so far, it seems likely that we’ve now lost an interesting source of first impressions from a newcomer to the region, thanks to the (understandable) skittishness of her employer.

Where are we going with marriage equality?

E.J. Graff lauds the victories of November 6th, but cautions readers not to expect a cascade of triumphs all at once:

Meanwhile, I’m sure you’ve been wondering: What comes next? Will the forces of marriage equality race off to every ballot box in America, ready to undo the injustice of those previous 32 votes?

Um, no. Changing laws by referendum is expensive. It’s risky. It’s exhausting. According to HRC, the four marriage campaigns placed more than 4 million phone calls and knocked on more than half a million doors; that added up to one-on-one conversations with more than one million voters. More than 30,000 people volunteered for one of the campaigns; more than 110,000 people donated. The pro-equality side raised $32.7 million, almost three times as much as the anti-equality side’s $11.3 million. (By the way, the biggest donors for the marriage equality side were HRC at $5,046,552 and Freedom to Marry at $3,156,216, which was roughly equal to the money donated by the National Organization for Marriage at $5,246,660, the Catholic Church at $1,297,229 and the Knights of Columbus at $662,287. Outside donors – like Jeff Bezos, Michael Bloomberg, Bill and Melinda Gates, and hundreds of small donors – voted with their wallets for my freedom to marry.)

Palestine’s United Nations bid

Fatima Ayub explains the factors that will decide how European countries vote tomorrow, when Palestine’s request to become a United Nations non-member observer state is officially voted upon:

As much as possible, the European Union tries to project a common position at the U.N., but often fails when it comes to resolutions involving Israel and Palestine (the vote on the Goldstone Report resolution in 2010 was a notable moment). Though the 2011 statehood bid was never put to a vote at the Security Council, European members were expected to vote against it there. But in the subsequent vote where the PA sought and received membership to UNESCO in October 2011, the European vote was significantly split. Eleven countries (Austria, Belgium, Cyprus, Finland, France, Greece, Ireland, Luxembourg, Malta, Slovenia and Spain) voted yes, another eleven abstained (Bulgaria, Denmark, Estonia, Hungary, Italy, Latvia, Poland, Portugal, Romania, Slovakia and the United Kingdom) and five voted no (Czech Republic, Germany, Lithuania, the Netherlands and Sweden).

This year’s resolution, despite being something of an anticlimax, has prompted much handwringing and mixed messaging from European governments. Denmark, France, Spain Norway and Switzerland (the latter two are not EU member states) have declared their support. It’s reasonable to expect that the states who supported the UNESCO bid will also vote yes, with the exception of Belgium who have declared they will abstain. And the Netherlands can be expected to move from the ‘no’ to the ‘yes’ category after a change of government earlier this year. The United Kingdom and Germany were wavering, declaring they would support the resolution with given public assurances that the PA would seek unconditional negotiations with Israel and forego applications to the International Criminal Court. At the time of this writing, the Palestinians have not agreed to condition their bid, which would curtail the meaningful gains of the upgrade, so Germany and the U.K. are at best likely to abstain.

The resurrection of Bowles-Simpson

Charles P. Pierce is sick of all the newfound love Alan Simpson and Erskine Bowles are receiving for their approach to tackling our national debt:

Only in the funhouse mirror that is the Beltway media are these two guys an “improbable buddy act.” Only in that same mirror are they an “odd couple.” (And the fact that “business groups” pay them 40-grand a pop proves nothing except the fact the two of them shouldn’t be trusted as far as you can throw Lloyd Blankfein’s desk.) Both of them are tools of the financial power that has come to be the ruination of the nation’s economy and is more than halfway toward ruining the nation’s democracy as well. For example, the nation’s tattered social safety net is in as much danger from the two of them as it is from the outright zombie-eyed granny-starver, Paul Ryan, who personally walked away from the Simpson-Bowles “plan” because not enough grannies were being starved. Bowles just wants to hand the entire social insurance system over to his financial masters. (He’s one of the masterminds behind the Fix The Debt scam by which we are supposed to believe that a passel of avaricious CEOs have the country’s best interests at heart.) The financial elites, for whom Erskine Bowles would run the Iditarod if you put him in harness, loved it, which should have been a warning to everyone. Simpson hates the people who depend on the programs. But one of them is a lot taller than the other one so — bipartisanship! The plan lives!

While the support was greater than expected, it was short of the 14 votes needed to force immediate action in Congress. The executive director, Bruce Reed, now chief of staff to Vice President Joseph R. Biden Jr., urged the chairmen to soldier on. “Together we decided, Let’s don’t let this thing die,” Mr. Bowles said. “Bruce convinced Al and me that the plan we put together could be the gold standard.” They quickly raised money, including from Peter G. Peterson, the billionaire financier of antideficit efforts, to keep a small staff. They began working with the bipartisan “Gang of Six” senators (now eight) to write the report into legislation – “the Cialis project,” Mr. Bowles privately joked, borrowing from the advertising slogan for an erectile dysfunction drug, “When the moment is right, will you be ready?”

Well, since the whole enterprise is dedicated to old guys out to screw people, the name is apt, if nothing else.