On “Fake News”

I’ve been getting into multiple Twitter fights about the term “fake news” of late, a topic about which I feel strongly but which I don’t have time to reargue over and over. So here are the reasons I find the term “fake news” to be counterproductive, even aside from the way Washington Post magnified it with the PropOrNot campaign amidst a series of badly reported articles on Russia that failed WaPo’s own standards of “fake news.”

Most people who use the term “fake news” seem to be fetishizing something they call “news.” By that, they usually mean the pursuit of “the truth” within an editor-and-reporter system of “professional” news reporting. Even in 2017, they treat that term “news” as if it escapes all biases, with some still endorsing the idea that “objectivity” is the best route to “truth,” even in spite of the way “objectivity” has increasingly imposed a kind of both-sides false equivalence that the right has used to move the Overton window in recent years.

I’ve got news (heh) for you America. What we call “news” is one temporally and geographically contingent genre of what gets packaged as “news.” Much of the world doesn’t produce the kind of news we do, and for good parts of our own history, we didn’t either. Objectivity was invented as a marketing ploy. It is true that during a period of elite consensus, news that we treated as objective succeeded in creating a unifying national narrative of what most white people believed to be true, and that narrative was tremendously valuable to ensure the working of our democracy. But even there, “objectivity” had a way of enforcing centrism. It excluded most women and people of color and often excluded working class people. It excluded the “truth” of what the US did overseas. It thrived in a world of limited broadcast news outlets. In that sense, the golden age of objective news depended on a great deal of limits to the marketplace of ideas, largely chosen by the gatekeeping function of white male elitism.

And, probably starting at the moment Walter Cronkite figured out the Vietnam War was a big myth, that elite narrative started developing cracks.

But several things have disrupted what we fetishize as news since them. Importantly, news outlets started demanding major profits, which changed both the emphasis on reporting and the measure of success. Cable news, starting especially with Fox but definitely extending to MSNBC, aspired to achieve buzz, and even explicitly political outcomes, bringing US news much closer to what a lot of advanced democracies have — politicized news.

And all that’s before 2002, what I regard as a key year in this history. Not only was traditional news struggling in the face of heightened profit expectations even as the Internet undercut the press’ traditional revenue model. But at a time of crisis in the financial model of the “news,” the press catastrophically blew the Iraq War, and did so at a time when people like me were able to write “news” outside of the strictures of the reporter-and-editor arrangement.

I actually think, in an earlier era, the government would have been able to get away with its Iraq War lies, because there wouldn’t be outlets documenting the errors, and there wouldn’t have been ready alternatives to a model that proved susceptible to manipulation. There might eventually have been a Cronkite moment in the Iraq War, too, but it would have been about the conduct of the war, not also about the gaming of the “news” process to create the war. But because there was competition, we saw the Iraq War as a journalistic failure when we didn’t see earlier journalistic complicity in American foreign policy as such.

Since then, of course, the underlying market has continued to change. Optimistically, new outlets have arisen. Some of them — perhaps most notably HuffPo and BuzzFeed and Gawker before Peter Thiel killed it — have catered to the financial opportunities of the Internet, paying for real journalism in part with clickbait stories that draw traffic (which is just a different kind of subsidy than the family-owned project that traditional newspapers often relied on, and these outlets also rely on other subsidies). I’m pretty excited by some of the journalism BuzzFeed is doing right now, but it’s worth reflecting their very name nods to clickbait.

More importantly, the “center” of our national — indeed, global — discourse shifted from elite reporter-and-editor newspapers to social media, and various companies — almost entirely American — came to occupy dominant positions in that economy. That comes with the good and the bad. It permits the formulation of broader networks; it permits crisis on the other side of the globe to become news over here, in some but not all spaces, it permits women and people of color to engage on an equal footing with people previously deemed the elite (though very urgent digital divide issues still leave billions outside this discussion). It allows our spooks to access information that Russia needs to hack to get with a few clicks of a button. It also means the former elite narrative has to compete with other bubbles, most of which are not healthy and many of which are downright destructive. It fosters abuse.

But the really important thing is that the elite reporter-and-editor oligopoly was replaced with a marketplace driven by a perverse marriage of our human psychology and data manipulation (and often, secret algorithms). Even assuming net neutrality, most existing discourse exists in that marketplace. That reality has negative effects on everything, from financially strapped reporter-and-editor outlets increasingly chasing clicks to Macedonian teenagers inventing stories to make money to attention spans that no longer get trained for long reads and critical thinking.

The other thing to remember about this historical narrative is that there have always been stories pretending to present the real world that were not in fact the real world. Always. Always always always. Indeed, there are academic arguments that our concept of “fiction” actually arises out of a necessary legal classification for what gets published in the newspaper. “Facts” were insults of the king you could go to prison for. “Fiction” was stories about kings that weren’t true and therefore wouldn’t get you prison time (obviously, really authoritarian regimes don’t honor this distinction, which is an important lesson in their contingency). I have been told that fact/fiction moment didn’t happen in all countries, and it happened at different times in different countries (roughly tied, in my opinion, to the moment when the government had to sustain legitimacy via the press).

But even after that fact/fiction moment, you would always see factual stories intermingling with stuff so sensational that we would never regard it as true. But such sensational not-true stories definitely helped to sell newspapers. Most people don’t know this because we generally learn a story via which our fetishized objective news is the end result of a process of earlier news, but news outlets — at least in the absence of heavy state censorship — have always been very heterogeneous.

As many of you know, a big part of my dissertation covered actual fiction in newspapers. The Count of Monte-Cristo, for example, was published in France’s then equivalent of the WSJ. It wasn’t the only story about an all powerful figure with ties to Napoleon Bonaparte that delivered justice that appeared in newspapers of the day. Every newspaper offered competing versions, and those sold newspapers at a moment of increasing industrialization of the press in France. But even at a time when the “news” section of the newspaper presented largely curations of parliamentary debates, everything else ran the gamut from “fiction,” to sensational stuff (often reporting on technology or colonies), to columns to advertisements pretending to be news.

After 1848 and 1851, the literary establishment put out alarmed calls to discipline the literary sphere, which led to changes that made such narratives less accessible to the kind of people who might overthrow a king. That was the “fictional narrative” panic of the time, one justified by events of 1848.

Anyway, if you don’t believe me that there has always been fake news, just go to a checkout line and read the National Enquirer, which sometimes does cover people like Hillary Clinton or Angela Merkel. “But people know that’s fake news!” people say. Not all, and not all care. It turns out, some people like to consume fictional narratives (I have actually yet to see analysis of how many people don’t realize or care that today’s Internet fake news is not true). In fact, everyone likes to consume fictional narratives — it’s a fundamental part of what makes us human — but some of us believe there are norms about whether fictional narratives should be allowed to influence how we engage in politics.

Not that that has ever stopped people from letting religion — a largely fictional narrative — dictate political decisions.

So to sum up this part of my argument: First, the history of journalism is about the history of certain market conditions, conditions which always get at least influenced by the state, but which in so-called capitalist countries also tend to produce bottle necks of power. In the 50s, it was the elite. Now it’s Silicon Valley. And that’s true not just here! The bottle-neck of power for much of the world is Silicon Valley. To understand what dictates the kinds of stories you get from a particular media environment, you need to understand where the bottle-necks are. Today’s bottle-neck has created both what people like to call “fake news” and a whole bunch of other toxins.

But also, there has never been a time in media where not-true stories didn’t comingle with true stories, and at many times in history the lines between them were not clear to many consumers. Plus, not-true stories, of a variety of types, can often have a more powerful influence than true ones (think about how much our national security state likes series like 24). Humans are wired for narrative, not for true or false narrative.

Which brings us to what some people are calling “fake news” — as if both “fake” and “news” aren’t just contingent terms across the span of media — and insisting it has never existed before. These people suggest the advent of deliberately false narratives, produced both by partisans, entrepreneurs gaming ad networks, as well as state actors trying to influence our politics, narratives that feed on human proclivity for sensationalism (though stories from this year showed Trump supporters had more of this than Hillary supporters) served via the Internet, are a new and unique threat, and possibly the biggest threat in our media environment right now.

Let me make clear: I do think it’s a threat, especially in an era where local trusted news is largely defunct. I think it is especially concerning because powers of the far right are using it to great effect. But I think pretending this is a unique moment in history — aside from the characteristics of the marketplace — obscures the areas (aside from funding basic education and otherwise fostering critical thinking) that can most effectively combat it. I especially encourage doing what we can to disrupt the bottle-neck — one that happens to be in Silicon Valley — that plays on human nature. Google, Facebook, and Germany have all taken initial steps which may limit the toxins that get spread via a very American bottle-neck.

I’m actually more worried about the manipulation of which stories get fed by big data. Trump claims to have used it to drive down turnout; and the first he worked with is part of a larger information management company. The far right is probably achieving more with these tailored messages than Vladimir Putin is with his paid trolls.

The thing is: the antidote to both of these problems is to fix the bottle-neck.

But I also think that the most damaging non-true news story of the year was Bret Baier’s claim that Hillary was going to be indicted, as even after it was retracted it magnified the damage of Jim Comey’s interventions. I always raise that in Twitter debates, and people tell me oh that’s just bad journalism not fake news. It was a deliberate manipulation of the news delivery system (presumably by FBI Agents) in the same way the manipulation of Facebooks algorithms feeds so-called fake news. But it had more impact because more people saw it and people may retain news delivered as news more. It remains a cinch to manipulate the reporter-and-editor news process (particularly in an era driven by clicks and sensationalism and scoops), and that is at least as major a threat to democracy as non-elites consuming made up stories about the Pope.

I’ll add that there are special categories of non-factual news that deserve notice. Much stock market reporting, especially in the age of financialization, is just made up hocus pocus designed to keep the schlubs whom the elite profit off of in the market. And much reporting on our secret foreign policy deliberately reports stuff the reporter knows not to be true. David Sanger’s recent amnesia of his own reporting on StuxNet is a hilarious example of this, as is all the Syria reporting that pretends we haven’t intervened there. Frankly, even aside from the more famous failures, a lot of Russian coverage obscures reality, which discredits reports on what is a serious issue. I raise these special categories because they are the kind of non-true news that elites endorse, and as such don’t raise the alarm that Macedonian teenagers making a buck do.

The latest panic about “fake news” — Trump’s labeling of CNN and Buzzfeed as such for disseminating the dossier that media outlets chose not to disseminate during the election — suffers from some of the same characteristics, largely because parts of it remain shrouded in clandestine networks (and because the provenance remains unclear). If American power relies (as it increasingly does) on secrets and even outright lies, who’s to blame the proles for inventing their own narratives, just like the elite do?

Two final points.

First, underlying most of this argument is an argument about what happens when you subject the telling of true stories to certain conditions of capitalism. There is often a tension in this process, as capitalism may make “news” (and therefore full participation in democracy) available to more people, but to popularize that news, businesses do things that taint the elite’s idealized notion of what true story telling in a democracy should be. Furthermore, at no moment in history I’m aware of has there been a true “open” market for news. It is always limited by the scarcity of outlets and bandwidth, by laws, by media ownership patterns, and by the historically contingent bottle-necks that dictate what kind of news may be delivered most profitably. One reason I loathe the term “fake news” is because its users think the answer lies in non-elite consumers or in producers and not in the marketplace itself, a marketplace created in and largely still benefitting the US. If “fake news” is a problem, then it’s a condemnation of the marketplace of ideas largely created by the US and elites in the US need to attend to that.

Finally, one reason there is such a panic about “fake news” is because the western ideology of neoliberalism has failed. It has led to increased authoritarianism, decreased quality of life in developed countries (but not parts of Africa and other developing nations), and it has led to serial destabilizing wars along with the refugee crises that further destabilize Europe. It has failed in the same way that communism failed before it, but the elites backing it haven’t figured this out yet. I’ll write more on this (Ian Welsh has been doing good work here). All details of the media environment aside, this has disrupted the value-laden system in which “truth” exists, creating a great deal of panic and confusion among the elite that expects itself to lead the way out of this morass. Part of what we’re seeing in “fake news” panic stems from that, as well as a continued disinterest in accountability for the underlying policies — the Iraq War and the Wall Street crash and aftermath especially — enabled by failures in our elite media environment. But our media environment is likely to be contested until such time as a viable ideology forms to replace failed neoliberalism. Sadly, that ideology will be Trumpism unless the elite starts making the world a better place for average folks. Instead, the elite is policing discourse-making by claiming other things — the bad true and false narratives it, itself, doesn’t propagate — as illegitimate.

“Fake news” is a problem. But it is a minor problem compared to our other discursive problems.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

The Bible Still Outperforms Facebook in Delivering Fake News

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We’ve reached the stage where articles about fake news themselves engage in fake news tactics.

Buzzfeed’s Craig Silverman — who has written many of the stories on fake news in recent weeks — had Ipsos do a poll querying whether or not people believed some of the real and fake news headlines that got shared around during the election. He presented the results, in both tweets and his BuzzFeed article on the results, this way:

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But that’s not actually what the poll showed, though a number of people — even some of the people who are the most dedicated serious commentators on fake news — seemed to believe the headline without reading the article closely (that is, they treated it precisely like fake news consumers might, including sharing it before they had evaluated it critically).

Rather, the poll showed that of the people who remember a given headline, 75% believed it. But only about 20% remembered any of these headlines (which had been shared months earlier). For example, 72% of the people who remembered the claim that an FBI Agent had been found dead believed it, but only 22% actually remembered it; so just 16% of those surveyed remembered and believed it. The recall rate is worse for the stories with higher belief rates. Just 12% of respondents remembered and believed the claim that Trump sent his own plane to rescue stranded marines. Just 8% remembered and believed the story that Jim Comey had a Trump sign in his front yard, and that made up just 123 people out of a sample of 1809 surveyed.

Furthermore, with just one exception, people recalled the real news stories tested more than they did the fake and with one laudable exception (that Trump would protect LGBTQ citizens; it is “true” that he said it but likely “false” that he means it), people believed real news at rates higher than they did fake. The most people — 22% — recalled the fake story about the FBI Agent, comparable to the 23% who believed some real story about girl-on-girl pictures involving Melania. But 34% remembered Trump would “absolutely” register Muslims and 57% remembered Trump’s claim he wasn’t going to take a salary.

The exception should be an exception, because Buzzfeed shouldn’t have treated it as news anyway. Just 11% recalled Mike Morell’s endorsement, titled “I ran the CIA. Now I’m endorsing Hillary Clinton,” which appeared in NYT’s opinion section. All endorsements should be considered opinion, and this one happens to be from a proven liar with a history of torture apology, so for the rare people who knew anything about Morell, I would hope his opinion would carry limited weight.

What all of this shows is that the fake news headline claims Buzzfeed made last month, that “Fake Election News Stories Outperformed Real News On Facebook,” should be revised. What that clickbait story actually showed was that the top fake stories received more “engagement” — shares, reactions, and comments — on Facebook than the top real news. But the last paragraph of the article admitted that might not be the same as actual consumption or even non-Facebook moderated engagement.

It’s important to note that Facebook engagement does not necessarily translate into traffic. This analysis was focused on how the best-performing fake news about the election compared with real news from major outlets on Facebook. It’s entirely possible — and likely — that the mainstream sites received more traffic to their top-performing Facebook content than the fake news sites did. As as the Facebook spokesman noted, large news sites overall see more engagement on Facebook than fake news sites.

What this newly reported poll at least suggests (one would need to do a more scientific study to test this hypothesis) is that even the most shared fake news was not really retained, whereas more of the real news was. And that’s true even in spite of the fact that Buzzfeed/Ipsos did not test the most popular real news (in reality this, too, is an opinion piece), “Trump’s history of corruption is mind-boggling. So why is Clinton supposedly the corrupt one?” That’s a pity, because it’d be interesting to see how many and what kind of people remembered and believed that one.

Effectively, then, Buzzfeed was testing the most popular fake news (about the Pope endorsing Trump, with 960,000 engagements) against the third ranking real news (the Melania girl-on-girl story, with 531,000 engagements) and real news still performed better overall in terms of recall. Which would seem to suggest these Facebook engagements don’t actually track how much “news” — fake or not — people will consciously retain (I admit unconscious retention is probably an issue too).

Which is how I get to my claim that the Bible outperforms Facebook for spreading false news. After all, as recently as 2014, 42% of Americans believed in creationism, while just 19% believed in evolution. That number is changing quickly (importantly, as more purportedly fake news consuming youngsters who don’t consider themselves religious get asked). Nevertheless, a significantly larger chunk of the country believes that God plunked us down fully-formed into Eden than believe that an FBI Agent involved in the Clinton case died in a murder suicide.

We should expect more people to believe what they read in the Bible, because it is a story that gets reinforced week after week by people with some authority in the community. It also gets reinforced in institutions like the Creation Museum, where I took the picture of white Adam and Eve above. For people who believe in creationism, their religion is fundamentally tied to their self-identity in a way that politics might not be. It is precisely for that reason it provides important counterpoint to these fake news stories. Especially given the way that a preference for religious stories over scientific ones poisons so much of our ability to deal with crises like climate change.

Don’t get me wrong: algorithmically-delivered sensationalism is a problem (as are polls that get shared to make claims about headlines they don’t really support). But it is one of many problems with our politics, and the evidence from this poll actually suggests it isn’t yet the most urgent one.

Update: Pope Francis, who believes the notion of evolution can coexist with that of creation, just issued a statement calling those who spread shit news sinners.

Francis told the Belgian Catholic weekly “Tertio” that spreading disinformation was “probably the greatest damage that the media can do” and using communications for this rather than to educate the public amounted to a sin.

Using precise psychological terms, he said scandal-mongering media risked falling prey to coprophilia, or arousal from excrement, and consumers of these media risked coprophagia, or eating excrement.

[snip]

“I think the media have to be very clear, very transparent, and not fall into – no offence intended – the sickness of coprophilia, that is, always wanting to cover scandals, covering nasty things, even if they are true,” he said.

Update: Matthew Ingram covers this issue at Fortune.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

The #FakeNews about Iraqi WMD Got Hundreds of Thousands Killed

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This morning, Dana Milbank — who used to have a podcast with Chris Cillizza on which he once suggested Hillary would choose to drink Mad Bitch beer —  wrote a piece warning of the dangers of fake news.

After writing about a threatening email he received, Milbank considered whether episodes like the attack on Comet Ping Pong — which he described as “the family pizza place in Northwest Washington I’ve been frequenting with my daughter ever since she was a toddler a decade ago” — were the new normal. Milbank described the role of Alex Jones in making a “bogus and bizarre accusation” against Hillary. Then he turned the attack on Comet Ping Pong, in part, into an attack on the media.

This would appear to be the new normal: Not only disagreeing with your opponent but accusing her of running a pedophilia ring, provoking such fury that somebody takes it upon himself to start shooting. Not only chafing when criticized in the press but stoking anti-media hysteria that leads some supporters to threaten to kill journalists.

The man whose “Mad Bitch beer” comment targeted Hillary ended his piece by scolding Trump for fueling rage against Hillary and those who support her.

If Trump were a different leader, he would declare that political violence is unacceptable in a free society. Perhaps he’d say it after eating a “Steel Wills” pie at Comet.

But instead he continues to fuel rage against his opponents and his critics.

On Twitter, Peter Singer — who wrote a very worthwhile book that uses fiction to lay out near term threats to the US  — RTed Milbank’s story with the comment, “stop winking and nodding” at fake news because it can get people killed.

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Singer works at New America Foundation, but he used to work at Brookings Institution, which employs people like Michael O’Hanlon and Charles Lister to write propaganda, funded in part by Qatar, designed to generate support for endless wars in the Middle East.

In response to Singer’s tweet, I RTed it and pointed out that “The #fakenews about Iraqi WMD DID get hundreds of thousands killed.” That in turn led to some interesting discussions, most notably with Zeynep Tufekci, who claimed that by “conflating two very, very different types of failure” I was being unhelpful because those different kinds of fake news operated via different mechanisms.

Tufekci is right. The means by which an uncritical press — enthusiastically joined by the WaPo’s editorial page and many, but not all, of its reporters — parroted Dick Cheney’s lies about Iraqi WMD are different than the means by which millions of people sought out the most outrageous claims about Hillary. The means by which the financial press claimed the housing market would never collapse are different than the means by which millions of people sought out conspiracy theories about the people who didn’t prosecute the banksters. The means by which Dana Milbank got to insinuate the Secretary of State might choose Mad Bitch beer are even different than the means by which millions of people sought out news that called the former Secretary of State #CrookedHillary. The means by which the traditional press focused more attention on Hillary’s email server than on Trump’s fraudulent business practices are different than the means by which millions of people sought out claims that Hillary’s email server was going to get her indicted. All of those traditional news examples of fake news included an editorial process designed to prevent the retelling of fake news.

The means by which traditional news media shares fake news are different than social media’s algorithm driven means of sharing fake news.

Until you remember that a week before the election, Fox’s Bret Baier, who eight months earlier had moderated a GOP primary debate, reported that the investigations into Hillary “will continue to likely an indictment.” While Baier retracted the claim just over a day later, the claim was among the most damaging pieces of fake news from the campaign, not least because it confirmed some of what the most inflammatory social media claims were saying and magnified the damage of Jim Comey’s irresponsible announcement about finding new emails.

Baier got manipulated by his sources who knew how to game the means the press uses to avoid fake news. Baier got manipulated into sharing fake news that served the goals of his sources. It turns out Baier was not any more immune from the manipulation of his biases than your average news consumer is.

Now, the NYT (though not, I think, the WaPo) apologized for their WMD coverage and Milbank apologized for his Mad Bitch podcast and Baier apologized for his indictment scoop. No one has yet apologized for focusing more attention on Hillary’s email server than Trump’s own corruption, but I’m sure that’s coming. I’m not aware that the financial press apologized for the cheerleading that ultimately led to millions of Americans losing their homes to foreclosure, but then it also hasn’t stopped the same kind of fake news cheerleading that led to the crash.

Indeed, while it shows remorse after some of the worst cases, the traditional news media still lapses into the habit of reporting fake news, often in a tone of authority and using an elite discourse. Such lapses usually happen when a kind of herd instinct or a rush to get the news first sets in, leading news professionals to tell fake news stories.

And, now that social media has given average news consumers the ability (and after financialization has led to the disappearance of reliable local news), average news consumers increasingly bypass news professionals, listening instead to the stories they want to hear, told in a way that leads them to feel they are assuming a kind of self-control, told in a language and tone they might use themselves. At its worst — as in the case of PizzaGate — a kind of herd instinct sets in, with news consumers reinforcing each others’ biases. On Sunday, that almost got a lot of innocent people — families like Milbank’s own — killed.

Elite commentators may view the herd instincts of average news consumers to be more crude than the herd instincts of professional news tellers. Perhaps they are. Across history, both types of herd instincts have led to horrible outcomes, including to the deaths of hundreds of thousands, even millions of people.

But as we try to deal with our herd instincts and the mistakes we all make (myself very much included), we might do well to exhibit a little less arrogance about it. That certainly won’t eliminate the mistakes; we are, ultimately, herd animals. But it might provide a basis to rebuild some trust, without which leads all of us — the professionals and the average news consumers — further into our own bubbles.

Update: This Current Affairs piece treats WaPo’s peddling of fake news — including the PropOrNot story — well.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

Look Closer to Home: Russian Propaganda Depends on the American Structure of Social Media

The State Department’s Undersecretary for Public Diplomacy, Richard Stengel, wanted to talk about his efforts to counter Russian propaganda. So he called up David Ignatius, long a key cut-out the spook world uses to air their propaganda. Here’s how the column that resulted starts:

“In a global information war, how does the truth win?”

The very idea that the truth won’t be triumphant would, until recently, have been heresy to Stengel, a former managing editor of Time magazine. But in the nearly three years since he joined the State Department, Stengel has seen the rise of what he calls a “post-truth” world, where the facts are sometimes overwhelmed by propaganda from Russia and the Islamic State.

“We like to think that truth has to battle itself out in the marketplace of ideas. Well, it may be losing in that marketplace today,” Stengel warned in an interview. “Simply having fact-based messaging is not sufficient to win the information war.”

It troubles me that the former managing editor of Time either believes that the “post-truth” world just started in the last three years or that he never noticed it while at Time. I suppose that could explain a lot about the failures of both our “public diplomacy” efforts and traditional media.

Note that Stengel sees the propaganda war as a battle in the “marketplace of ideas.”

It’s not until 10 paragraphs later — after Stengel and Ignatius air the opinion that “social media give[s] everyone the opportunity to construct their own narrative of reality” and a whole bunch of inflamed claims about Russian propaganda — that Ignatius turns to the arbiters of that marketplace: the almost entirely US-based companies that provide the infrastructure of this “marketplace of ideas.” Even there, Ignatius doesn’t explicitly consider what it means that these are American companies.

The best hope may be the global companies that have created the social-media platforms. “They see this information war as an existential threat,” says Stengel. The tech companies have made a start: He says Twitter has removed more than 400,000 accounts, and YouTube daily deletes extremist videos.

The real challenge for global tech giants is to restore the currency of truth. Perhaps “machine learning” can identify falsehoods and expose every argument that uses them. Perhaps someday, a human-machine process will create what Stengel describes as a “global ombudsman for information.”

Watch this progression very closely: Stengel claims social media companies see this war as an existential threat. He then points to efforts — demanded by the US government under threat of legislation, though that goes unmentioned — that social media accounts remove “extremist videos,” with extremist videos generally defined as Islamic terrorist videos. Finally, Stengel puts hope on a machine learning global ombud for information to solve this problem.

Stengel’s description of the problem reflects several misunderstandings.

First, the social media companies don’t see this as an existential threat (though they may see government regulation as such). Even after Mark Zuckerberg got pressured into taking some steps to stem the fake news that had been key in this election — spread by Russia, right wing political parties, Macedonian teenagers, and US-based satirists — he sure didn’t sound like he saw any existential threat.

After the election, many people are asking whether fake news contributed to the result, and what our responsibility is to prevent fake news from spreading. These are very important questions and I care deeply about getting them right. I want to do my best to explain what we know here.

Of all the content on Facebook, more than 99% of what people see is authentic. Only a very small amount is fake news and hoaxes. The hoaxes that do exist are not limited to one partisan view, or even to politics. Overall, this makes it extremely unlikely hoaxes changed the outcome of this election in one direction or the other.

[snip]

This has been a historic election and it has been very painful for many people. Still, I think it’s important to try to understand the perspective of people on the other side. In my experience, people are good, and even if you may not feel that way today, believing in people leads to better results over the long term.

And that’s before you consider reports that Facebook delayed efforts to deal with this problem for fear of offending conservatives, or the way Zuckerberg’s posts seem to have been disappearing and reappearing like a magician’s bunny.

Stengel then turns to efforts to target two subsets of problematic content on social media: terrorism videos (definedin a way that did little or nothing to combat other kinds of hate speech) and fake news.

The problem with this whack-a-mole approach to social media toxins is that it ignores the underlying wiring, both of social media and of the people using social media. The problem seems to have more to do with how social media magnifies normal characteristics of humans and their tribalism.

[T]wo factors—the way that anger can spread over Facebook’s social networks, and how those networks can make individuals’ political identity more central to who they are—likely explain Facebook users’ inaccurate beliefs more effectively than the so-called filter bubble.

If this is true, then we have a serious challenge ahead of us. Facebook will likely be convinced to change its filtering algorithm to prioritize more accurate information. Google has already undertaken a similar endeavor. And recent reports suggest that Facebook may be taking the problem more seriously than Zuckerberg’s comments suggest.

But this does nothing to address the underlying forces that propagate and reinforce false information: emotions and the people in your social networks. Nor is it obvious that these characteristics of Facebook can or should be “corrected.” A social network devoid of emotion seems like a contradiction, and policing who individuals interact with is not something that our society should embrace.

And if that’s right — which would explain why fake or inflammatory news would be uniquely profitable for people who have no ideological stake in the outcome — then the wiring of social media needs to be changed at a far more basic level to neutralize the toxins (or social media consumers have to become far more savvy in a vacuum of training to get them to do so).

But let’s take a step back to the way Ignatius and Stengel define this. The entities struggling with social media include more than the US, with its efforts to combat Islamic terrorist and Russian propagandist content it hates. It includes authoritarian regimes that want to police content (America’s effort to combat content it hates in whack-a-mole fashion will only serve to legitimize those efforts). It also includes European countries, which hate Russian propaganda, but which also hate social media companies’ approach to filtering and data collection more generally.

European bureaucrats and activists, to just give one example, think social media’s refusal to stop hate speech is irresponsible. They see hate speech as a toxin just as much as Islamic terrorism or Russian propaganda. But the US, which is uniquely situated to pressure the US-based social media companies facilitating the spread of hate speech around the world, doesn’t much give a damn.

European bureaucrats and activists also think social media collect far too much information on its users; that information is one of the things that helps social media better serve users’ tribal instincts.

European bureaucrats also think American tech companies serve as a dangerous gateway monopolizing access to information. The dominance of Google’s ad network has been key to monetizing fake and other inflammatory news (though they started, post-election, to crack down on fake news sites advertising through Google).

The point is, if we’re going to talk about the toxins that poison the world via social media, we ought to consider the ways in which social media — enabled by characteristics of America’s regulatory regime — is structured to deliver toxins.

It may well be that the problem behind America’s failures to compete in the “marketplace of ideas” has everything to do with how America has fostered a certain kind of marketplace of ideas.

The anti-Russian crusade keeps warning that Russian propaganda might undermine our own democracy. But there’s a lot of reason to believe red-blooded American social media — the specific characteristics of the global marketplace of ideas created in Silicon Valley — is what has actually done that.

Update: In the UK, Labour’s Shadow Culture Secretary, Tom Watson, is starting a well-constructed inquiry into fake news. One question he asks is the role of Twitter and Facebook.

Update: Here’s a summary of fake news around the world, some of it quite serious, though without a systematic look at Facebook’s role in it.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

When Your Lived Reality becomes an Algorithm of the Popular

Yesterday, as people panicked about Twitter’s plan to present tweets to users using algorithmic calculations of what that person might like, I wrote this:

What if humans started to experience time as an algorithm of the popular rather than lived narratively ordered experience?

Especially since I work from home and in flyover country, Twitter is very much a lived conversation for me. And if Twitter alters the way it appears to me — basically choosing who it thinks I want to talk to rather than what the serendipity of the unique collection of people I follow presents in time-ordered fashion — it will be fairly dramatically altering my lived reality.

The thought got even creepier for me as respondents to my tweet (author William Gibson was among those who retweeted it, so I got so really awesome responses) pointed out that associations divorced from lived time is much closer to dreaming than waking reality. Of course, as a shrink friend noted, in dreaming, we consciously and unconsciously select what those associations are, rather than having a computer do it for us.

So thought of as its almost most dystopian, Twitter wants to take the serendipitous global conversation we’ve been having and instead replace it with a living dream world chosen for us algorithmically.

But let me go one step more dystopian. As I noted yesterday, Google recently told the British Parliament that it is testing ways to show “positive” ad words and YouTubes when people look for hateful, potentially terrorist speech. Google’s announcement follows an earlier one from Facebook, stating it would do the same.

In other words, since the early January meeting in Silicon Valley, two of the big tech companies announced plans to rejigger their algorithms selectively for users the algos identify as expressing an interest in terrorism. For those interested in terrorism, Google and Facebook will create a waking dreamworld.

Thus far, Twitter has made no such announcement. Yesterday (that is, the same day this algorithm report came out) it did, however, announce how many perceived terrorists it has kicked off Twitter.

Like most people around the world, we are horrified by the atrocities perpetrated by extremist groups. We condemn the use of Twitter to promote terrorism and the Twitter Rules make it clear that this type of behavior, or any violent threat, is not permitted on our service. As the nature of the terrorist threat has changed, so has our ongoing work in this area. Since the middle of 2015 alone, we’ve suspended over 125,000 accounts for threatening or promoting terrorist acts, primarily related to ISIS.

The blog post making that announcement also addressed algorithms, admitting that they can’t really work, linking to this report from December (which discussed Facebook and Google) on another presentation to the UK Parliament.

As many experts and other companies have noted, there is no “magic algorithm” for identifying terrorist content on the internet, so global online platforms are forced to make challenging judgement calls based on very limited information and guidance. In spite of these challenges, we will continue to aggressively enforce our Rules in this area, and engage with authorities and other relevant organizations to find solutions to this critical issue and promote powerful counter-speech narratives.

All of which might have left the impression that Twitter, unlike its counterparts Google and Facebook, would not be fiddling with its algorithms in response to the request to magnify voices deemed to be positive targeted at those seeking terrorism content.

Except that at almost exactly the same time, came these reports that everyone would get (or would get the option of) the algorithmic treatment.

Now, having studied how, after 1848, the powers that be in Paris found ways to eliminate the growing newspaper public in the belief that it had led to that year’s revolution (that’s partly where the idea of high literature, as embodied in Madame Bovary, arose from), I’m pretty paranoid when I see the ways the elite would current neuter the voices that contributed to the Arab Spring, Black Lives Matter, and yes, terrorism.

But I have to say, I always get buggy when communications companies — like AT&T and Microsoft — don’t have an apparently robust business model, especially when I consider ways they could (and do, in the case of AT&T) profit handsomely off working for the government. Most people assume Twitter is doing this as a way to monetize, which it has thus far failed to do. And that may well be the case.

If so, who is the customer, and what is Twitter delivering?

Update: Jack Dorsey just had this to say on Twitter.

Hello Twitter! Regarding #RIPTwitter: I want you all to know we’re always listening. We never planned to reorder timelines next week.

Twitter is live. Twitter is real-time. Twitter is about who & what you follow. And Twitter is here to stay! By becoming more Twitter-y.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

Does the NYT Publish “All the News That’s Fit to Print” Anymore?

NYT’s ombud, Margaret Sullivan, dedicated her column today to whether the NYT should have done a story on The Intercept’s drone package a few weeks back. She concludes that given the NYT’s extensive coverage of this issue, it’s reasonable they gave the story just a mention, though suggests maybe they should give it more than that going forward.

I’m particularly interested in this subject because it says so much that is troubling about how our government functions – and yes, kills — in secret and often without adequate oversight. I’ve written about aspects of it a number of times.

Times journalists have done plenty of worthy coverage of the drone program themselves, with one national security reporter, Scott Shane, writing a significant big-picture story last April, covering some of the same ground that the Intercept is exploring now. He and Jo Becker also wrote a stunning story in 2012 detailing the existence of the president’s “kill list.” Mr. Shane is the author of a well-regarded recent book on the subject, “Objective Troy: A Terrorist, a President, and the Rise of the Drone.”

Since The Times has done so much on this subject, it is understandable that only a brief mention of The Intercept’s scoop has been made so far. Still, given the revelations in the released documents — as well as the mere existence of a major intelligence leaker who is not Edward Snowden — Times journalists might have served readers well to do more on “The Drone Papers.”  They also could consider doing so in the future.

I suspect there are two other things going on. Shane seems to still be on book leave, and to cover the Intercept stuff — which in significant part confirms his earlier reporting, most importantly that the government treats males killed in drone attacks as military aged males appropriate for targeting — might be a bit awkward. I think some of the documents — such as the ones showing that JSOC’s targeting was bad because it relied on CIA’s SIGINT, might advance questions about why we decided to build a CIA drone base in Saudi Arabia in 2011. That might be appropriate follow-up reporting from other reporters like Mark Mazzetti (I have long suspected the Saudis were fiddling with the intelligence to force our hand on a drone base, since they had been trying for years to get drones from us), but that would take further time. So, too, would be a report on what these documents say about the CIA versus DOD debate on drones.

Still, underlying the whole question is whether the NYT publishes all the news that’s fit to print anymore.

There was a time when a NYT reader could expect, by reading the NYT, to know everything the elite of this country deemed worth knowing. It promised comprehensiveness, at least for those subjects that the NYT judged important, for better and worse.

Now, I think the NYT (which still plays that agenda setting function, and will still get fed stories to place items in the news agenda) often limits itself to items it can claim a scoop on (though far too often, it borrows these scoops from outlets obscure enough they’ll get away with it). As a result, when another outlet advances the news that’s fit to print in a publicly recognized scoop, or when news comes without an exclusivity agreement, the NYT may not always report it, until such time as it can own it in the future.

I think we’ll probably be better off when the NYT no longer serves as the agenda-setter for the country, in part because there are a lot of stories (like the Iraq War then, and now like anything pertaining to Israel or Ukraine) where other outlets are far more reliable, in part because the NYT’s official perspective is often so jingoistic as to disinform its readers (as with the report that Russia might cut cables into the Middle East, which includes no acknowledgment that this is a tactic we make ample use of). But we’re in a weird place now where the NYT doesn’t claim to be comprehensive, but readers still assume it is. Which means that until something shows up in the NYT it won’t be considered common knowledge, but the NYT will sometimes delay such reports until they can “own” it in some way. That, in turn, delays the time when something can be considered “official” and therefore worthy of debate.

I do expect the NYT to do more coverage on drones that reflects these documents, because both Shane and Mazzetti have already done so much.

But I’m at least as interested by this unacknowledged question about whether the NYT aspires to “print” all the news that’s fit to print anymore.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

The Ugly Political Sock Puppetry of Arizona’s Top Educator

Screen Shot 2014-06-17 at 6.18.50 PMDespite the obvious heat surplus and water shortage issues, Arizona continues to be one of the most growth intensive states, and has pegged much of its future on what can be loosely called “smart sectors” such as information technology, solar, chip making and, indeed, higher education itself as evidenced by the recent Starbucks/Arizona State University partnership.

You would think, given the above factors, and many more, Arizonans would be meticulous and scrupulous about the leaders they elect to shepherd the state’s educational system. But you would be wrong.

The power and control of Arizona’s education system rests in the hands of an elected State Superintendent of Public Instruction. Sadly, it has been a position occupied by common, and morally bankrupt, conservative political hacks of late. From 2003 through 2011, the office, the fifth highest elected office in Arizona, was held by Tom Horne, the current embattled Attorney General of Arizona. Horne was a line construction lawyer who up and got elected Superintendent of Public Instruction. But, hey, how much worse is that than when a podunk lawn mower repairman got elected Maricopa County Sheriff (which was before the office went totally into the sewer with former travel agent Joe Arpaio).

Okay, Horne was awful as Superintendent of Public Instruction (and has disgraced the office of AG even worse since), but once he left, one John Huppenthal was elected to cover the educational interests of Arizona’s children. And since January 2011, Huppenthal has been the one in charge of Arizona’s education.

Who is John Huppenthal? Pretty much an up through the ranks of the bat shit crazy Arizona state legislature right wing political climber. People who lived in Huppenthal’s district in the late 90’s, when he was an Arizona State Senator, can attest that the man compulsively and inexplicably robo-called with all kinds of dogmatic messages, at all hours of the day and night. To the point to where some literally were forced to contact his office and threaten suit if it did not stop on their phone. Huppenthal and his office were stunningly cavalier and arrogant about Huppenthal’s compulsive robo-calling. Yet he took to it again as Superintendent of Public Instruction in an effort to undermine the public schools he was entrusted with protecting and, instead, cravenly support private vouchers taking money away from public schools.

Such is great flavor as to the “measure of the man” that is John Huppenthal, but still mostly ancient history. How has the aggressively dogmatic Huppenthal done as Superintendent of Public Instruction, i.e. Arizona’s top educator? Same old story; same old song and dogmatic nutjob dance. You may remember the controversy over “banned textbooks” by the Tucson Unified School District a little over two years ago from the somewhat hyperbolic and inaccurate “Jeff Biggers Salon expose“. Well, that whole ordeal, contrary to Biggers’ Salon framing, Read more

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

The Carnage In Isla Vista, Hashtag Justice and Echidne

Screen Shot 2014-05-26 at 11.41.50 AMI have not been there in a while, but I have been there quite a bit before, and the Isla Vista/Goleta area surrounding UCSB is everything good and bad that surrounds any major university. It is a melting pot teeming with brilliant young minds, eager to expand and ready to experiment and socialize. It is also cliquish and too easy to separate the in from the out crowd and, sometimes, rich from poor. Above all else, at least from my visits there when I was younger, IV was one wild party that could be anywhere along a couple of key streets, if not indeed out in the streets themselves. It was one hell of a good time.

But not this Memorial Day weekend. Something different and jolting happened, leaving seven souls dead, seven more injured and yet another community, and national audience, grieving and reaching for answers.

I don’t know what the answers are, and to a great extent, I do not think the pathology of this incident is yet ripe enough to draw them with any real definition. That has not, of course, stopped the light speed social justice court of Twitter and the internet.

The reaction on Twitter has run the spectrum from sober to hysterical. If you are on Twitter, you have seen it, if you are not, it is not hard to imagine if you are internet savvy enough to be reading the instant post. Speaking only for myself, however, I have been a little disturbed by the alacrity with which valuable social justice movements, and their participants, have glommed on to a tragic spree crime as the defining vehicle for their arguments, whether it be women’s rights, gun control or otherwise.

It strikes me, while certainly all of these things figure into the Rodger situation to some extent, hitching up to a spree murder by a mentally disturbed individual is not exactly a great vehicle for your social justice movement. It is more complex than that, and it is too easy in haste to mistake manifestations for root causes. Post hoc, ergo propter hoc if you will.

And, while I know the intent was good, I have found the “hashtag advocacy” via such tags as #YesAllWomen, and the reflexively responsive #NotAllMen, to not necessarily do all that much to further the well meaning intention of their adopters. While some of those tweets have seemed germane and helpful, a great many seem Read more

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

Glass Shattered: California Supreme Court Denies Stephen Glass Law License

The decision is in, and the California Supreme Court has made their decision to refuse to grant Stephen Glass a law license in the State of California.

We conclude that on this record he has not sustained his heavy burden of demonstrating rehabilitation and fitness for the practice of law.

The full opinion is here.

Ironically, the California Bar’s initial hearing officer, the entity that actually deals with line level lawyers and their practice on a day to day basis in California, found Glass had demonstrated reform and good character so as to be fit for practice. The The State Bar Court Review Department independently reviewed the record and agreed with the initial finding of character fitness for practice. Instead, it was the more insulated elitists in the Bar Committee, and ultimately in the California Supreme Court, who thought otherwise.

Glass’s conduct as a journalist exhibited moral turpitude sustained over an extended period. As the Review Department dissent emphasized, he engaged in “fraud of staggering‟ proportions” and he “use[d] . . . his exceptional writing skills to publicly and falsely malign people and organizations for actions they did not do and faults they did not have.” As the dissent further commented, for two years he “engaged in a multi-layered, complex, and harmful course of public dishonesty.” Glass’s journalistic dishonesty was not a single lapse of judgment, which we have sometimes excused, but involved significant deceit sustained unremittingly for a period of years. (See Hall v. Committee of Bar Examiners (1979) 25 Cal.3d 730, 742 [applications may be rejected in cases of “numerous fraudulent acts” and “false statements”].) Glass’s deceit also was motivated by professional ambition, betrayed a vicious, mean spirit and a complete lack of compassion for others, along with arrogance and prejudice against various ethnic groups. In all these respects, his misconduct bore directly on his character in matters that are critical to the practice of law.

and

Glass’s misconduct was also reprehensible because it took place while he was pursuing a law degree and license to practice law, when the importance of honesty should have gained new meaning and significance for him.

Moreover, Glass’s lack of integrity and forthrightness continued beyond the time he was engaged in journalism. Once he was exposed, Glass‟s response was to protect himself, not to freely and fully admit and catalogue all of his fabrications. He never fully cooperated with his employers to clarify the record, failed to carefully review the editorials they published to describe the fabrications to their readership, made misrepresentations to The New Republic regarding some of his work during the period he purported to be cooperating with that magazine, and indeed some of his fabrications did not come to light until the California State Bar proceedings. He refused to speak to his editor at George magazine when the latter called to ask for help in identifying fabrications in the articles Glass wrote for that magazine.

The decision goes on to hammer Glass about as hard as could be imagined in every aspect of his prior conduct, rehabilitation and application for bar membership. The decision is every bit as venomous and scathing as the oral argument was (further discussed below).

Back in August of last year, I wrote about the attempt of failed, story inventing journalist Stephen Glass’ attempt to gain his license to practice law in the State of California. I drew a comparison between the beyond commendable success Shon Hopwood has found in gaining an exclusive Read more

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

Say Hello To Our New Friends At Just Security

Screen shot 2013-09-23 at 11.46.58 AMWe do a lot of things here at Emptywheel including occasionally, goofing off. But our primary focus has always been the intersection of security issues, law and politics. I think I can speak for Marcy and Jim, and I certainly do for myself, we would love it if that intersection were not so critical in today’s world. But, alas, it is absolutely critical and, for all the voices out there in the community, there are precious few that deep dive into the critical minutiae.

Today we welcome a new and important player in the field, the Just Security Blog. It has a truly all star and broad lineup of contributors (most all of whom are listed as “editors” of one fashion or another), including good friends such as Steve Vladeck, Daphne Eviatar, Hina Shamsi, Julian Sanchez, Sarah Knuckey and many other quality voices. It is an ambitious project, but one that, if the content already posted on their first day is any indication, will be quite well done. The home of Just Security is the New York University School of Law, so they will have ample resources and foundation from which to operate for the long run.

Ironically, it was little more than three years ago (September 1, 2010 actually) that the Lawfare Blog went live to much anticipation (well, at least from me). Whether you always agree with Ben Wittes, Bobby Chesney, Jack Goldsmith and their contributors or not, and I don’t always, they have done this field of interest a true service with their work product, and are a fantastic and constantly evolving resource. There is little question but that Just Security intends to occupy much of the same space, albeit it in a complimentary as opposed to confrontational manner. In fact, it was Ben Wittes who hosted the podcast with Steve Vladeck and Ryan Goodman that serves as the multi-media christening of Just Security.

Orin Kerr (who is also a must read at Volokh conspiracy), somewhat tongue in cheek, tweeted that the cage match war was on between Lawfare and Just Security. That was pretty funny actually, but Orin made a more serious point in his welcome post today, and a point that I think will greatly interest the readers of Emptywheel:

Whereas Lawfare tend to have a center or center-right ideological orientation, for the most part, Just Security‘s editorial board suggests that it will have a progressive/liberal/civil libertarian voice.

From my understanding, and my knowledge of the people involved, I believe that to be very much the case. And that is a very good thing for us here, and the greater discussion on so much of our work.

So, say hello to our new friends at Just Security, bookmark them and give them a read. Follow them on Twitter. You will be better informed for having done so.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.