Newspapers

Eureka! More on how monopoly papers cover monopoly news

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By Bruce B. Brugmann

And so there it was, buried today in the business pages of the Chronicle/Hearst, the Contra Costa Times/Singleton, and the San Jose Mercury News/Singleton, the latest major development in one of the great buried stories of our time in the local daily press.

Editor and Publisher, the trade magazine for newspapers, got this major story right: Its online head read, “S.F. Judge Blocks Hearst/MediaNews Collaboration,” and its strong lead made the key point: “In a victory for a local businessman seeking to overturn a complex San Francisco Bay Area newspaper deal between Hearst Corp. and MediaNews Group Inc., a federal judge Tuesday issued a preliminary injunction blocking the chains from collaborating on joint distribution or advertising sales of their papers.”

This was an important ruling in the Clint Reilly/Joe Alioto antitrust case, which stands as the only real impediment to the Hearst/Singleton deal that would destroy daily competition and impose regional monopoly in the Bay Area.
(See Guardian stories and previous blogs.)

But the ruling and the coverage by burial by the Hearst/Singleton press illustrates a major problem with the case: the publishers, who are normally hollering about the government suppression of documents and government manipulation of the news, this time got the documents sealed and so only their side of the story is getting out. Hearst/Singleton got a stringent protective order that gives them essentially unreviewable discretion to control the documents in the case. (Alioto presumably agreed to the order to get an early trial date).

Here’s how this works: Hearst/Singleton designate any document they are producing in discovery as “secret.”Alioto cannot contest that under the order, nor is there any dispute mechanism by which he can challenge it. If Alioto wants the document, he has to accept it under the protective order. Then, if he wants to file it with the court, he has to do so under seal. And, under the protective order, the judge has no discretion and must appeal the seal order. Alioto’s brief is also sealed, if it references the sealed document. This was the case with the critical April 26, 2006 letter from Hearst to Singleton that outlined an agreement to explore joint national and internet adversiting sales as well as joint distribution.

The judge has referenced and quoted the letter and stated in her preliminary injunction order that the letter “is in the form of a potentially binding agremeent” and indicates the two companies have “expressed the desire, if not the intent,” to collaborate in the Bay Area. Yet the letter is under seal, as is another letter the judge has quoted and a whole batch of obviously explosive discovery documents which Alioto got under discovery.

The letter is a publisher document and is not under seal and they can talk about it if they want to. After all, if they want to disclose their own secrets, it is up to them. Thus: the publishers have crafted a protective order that gives them control of the documents, gives the court no power to control its own filings, and no way for anyone to challenge any secret designations. The effect is that the Riley/Alioto filings are secret, the publishers filings are public, the public gets only one side of the story. And then the Hearst/Singleton papers put its side out in wimpy little stories buried in their business sections with wimpy little heads. (Example: today’s Chronicle head, “Hearst-MediaNews ruling extended.” Now there’s a rouser.) And there is no explanation of how the publishers rigged the protective order to promote their side of the story and muzzle Alioto.

All of this amounts to a terrible precedent for Hearst and Singleton and their chain allies (McClatchy, Gannett, Stephens) to be setting in federal court against the free press, the First Amendment, and open government.

Repeating: Thank the Lord for Reilly and Alioto. And where the hell are the federal antitrust attorneys (they are still mucking about, pledging folks to secrecy and then asking softball questions)? And where the hell are outgoing Attorney General Bill Lockyer (who seems cowed by the case and is busy chasing those dread pre-texters in the Hewlett-Packard board room)? And where the hell is incoming Attorney General Jerry Brown (who has announced he is going to continue to live in Oakland under the heavy thumb of Singleton’s Oakland Tribune and his galaxy of East Bay papers, without making a peep to date)? B3

P.S. l: I am not blaming the reporters nor their editors for their patriotic Hearst First and Singleton First coverage. They have the unenviable assignment of covering the monopoly moves of their publishers in New York and Denver that are aimed at savaging their own papers and their own staffs and their own communities. It is not, let us stipulate, a fun job. I hope they are keeping detailed diaries. B3

Unseal the court files

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The lawsuit that seeks to stop the monopolization of daily newspapers in the Bay Area isn’t just a business dispute. Real estate investor Clint Reilly argues that he would be personally harmed by the deal (which gives him standing to sue), but in reality, this is about the future of mainstream news media in one of the nation’s largest and most politically active markets. If the Hearst Corp. and Dean Singleton’s MediaNews Group have their way, it’s entirely possible one corporate entity could effectively control every single significant daily paper in San Francisco, southern Marin, the East Bay, the South Bay, and the Peninsula. And since TV and radio news stations tend to take their cues from the daily papers, that means one corporate entity would decide, to a great extent, what sort of local news will be available to several million people.
It’s more than a legal issue. It’s a major public policy issue — and that’s why the papers shouldn’t be allowed to fight this out in secret.
On Dec. 21 the Guardian and Media Alliance, a nonprofit media activism organization, filed a motion in federal court seeking to intervene in the Reilly lawsuit and asking Judge Susan Illston to unseal the key records in the case. Our point: this is a huge national story, and the public interest in knowing what the biggest and most powerful newspaper chains in the country are planning for the Bay Area is clear and overwhelming.
But the way the big chains have set things up, there’s no way for the public to find out much of anything — except what Hearst and MediaNews want us to know. Under the terms of a court order the chains wrote and got approved, anything — evidence, briefs, depositions, even legal motions — the newspaper barons want to mark secret is automatically sealed. Of course, the newspaper lawyers can decide to publicize anything they want to put out to bolster their side of the story. In other words, the newspapers — which, after all, are accused of trying to violate antitrust laws and create a media monopoly in the region — have complete control of what information does and doesn’t come out of the trial. That’s exactly how they want it — and exactly how things will go if they get away with their merger plans.
It’s hard to fight the big chains. Almost every experienced media lawyer in town works for or has partners who work for one of the chains, so they all have conflicts of interest. The news media organizations, like the California Newspaper Publishers Association, the California First Amendment Coalition, and the Society of Professional Journalists, all have board members who work for the chains.
And of course, the big newspapers themselves, which love to fight to unseal court records in other cases (like billionaire Ron Burkle’s divorce case), are all either involved or have allies who are involved, so they won’t touch the case.
So it’s fallen to the Guardian, an independent paper, and Media Alliance, an independent activist group, to work with the First Amendment Project, an independent public interest law firm, to promote the public interest in unsealing the records.
We know there’s a lot of information that ought to be out in the light of day. Already, one document discussed in open court shows that Hearst, which owns the Chronicle, has discussed ad sales, printing, and distribution deals with Singleton’s group — which is supposedly a competitor. What else do these companies have planned for the Bay Area? Will Hearst and Singleton wind up in some sort of joint operating agreement? Is this the end of daily newspaper competition? Will one billionaire publisher be able to put a conservative spin on all editorial coverage in the region? The public has a right to know.
Court documents are presumed public, and the newspaper chains have shown no reason why anything other than a few narrowly defined records should be kept secret. Judge Illston should revoke the secrecy order and open up the key documents in the Reilly case.
PS Where is the federal Justice Department? Where is outgoing state attorney general Bill Lockyer or incoming AG Jerry Brown? We haven’t heard a word from any of the public officials who ought to be intervening in this case. At the very least, they should support our efforts to open the records.
PPS: If Hearst and the big chains get away with sealing these documents, it will set a terrible precedent for future cases in which business interests want to keep secret information that ought to be in the public domain. How can any of these big media companies ever go into court in the future (as they have done in the past) to push for unsealing court record when they have gone to such lengths to seal their own records?
PPPS To see our legal brief, press release, and links to media coverage, go to www.sfbg.com.

Is the USA the Center of the World?

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Some things don’t seem to change. Five years after I wrote this column in the form of a news dispatch, it seems more relevant than ever:

WASHINGTON — There were unconfirmed reports yesterday that the United States is not the center of the world.

The White House had no immediate comment on the reports, which set off a firestorm of controversy in the nation’s capital.

Speaking on background, a high-ranking official at the State Department discounted the possibility that the reports would turn out to be true. “If that were the case,” he said, “don’t you think we would have known about it a long time ago?”

On Capitol Hill, leaders of both parties were quick to rebut the assertion. “That certain news organizations would run with such a poorly sourced and obviously slanted story tells us that the liberal media are still up to their old tricks, despite the current crisis,” a GOP lawmaker fumed. A prominent Democrat, also speaking on condition of anonymity, said that classified briefings to congressional intelligence panels had disproved such claims long ago.

Scholars at leading think tanks were more restrained, and some said there was a certain amount of literal truth to the essence of the reports. But they pointed out that while it included factual accuracy in a narrow sense, the assertion was out of context and had the potential to damage national unity at a time when the United States could ill afford such a disruption.

The claim evidently originated with a piece by a Lebanese journalist that appeared several days ago in a Beirut magazine. It was then picked up by a pair of left-leaning daily newspapers in London. From there, the story quickly made its way across the Atlantic via the Internet.

“It just goes to show how much we need seasoned, professional gatekeepers to separate the journalistic wheat from the chaff before it gains wide attention,” remarked the managing editor of one news program at a major U.S. television network. “This is the kind of stuff you see on ideologically driven websites, but that hardly means it belongs on the evening news.” A newsmagazine editor agreed, calling the reports “the worst kind of geographical correctness.”

None of the major cable networks devoted much air time to reporting the story. At one outlet, a news executive’s memo told staffers that any reference to the controversy should include mention of the fact that the United States continues to lead the globe in scientific discoveries. At a more conservative network, anchors and correspondents reminded viewers that English is widely acknowledged to be the international language — and more people speak English in the U.S. than in any other nation.

While government officials voiced acute skepticism about the notion that the United States is not the center of the world, they declined to speak for attribution. “If lightning strikes and it turns out this report has real substance to it,” explained one policymaker at the State Department, “we could look very bad, at least in the short run. Until it can be clearly refuted, no one wants to take the chance of leading with their chin and ending up with a hefty serving of Egg McMuffin on their face.”

An informal survey of intellectuals with ties to influential magazines of political opinion, running the gamut from The Weekly Standard to The New Republic, indicated that the report was likely to gain little currency in Washington’s elite media forums.

“The problem with this kind of shoddy impersonation of reporting is that it’s hard to knock down because there are grains of truth,” one editor commented. “Sure, who doesn’t know that our country includes only small percentages of the planet’s land mass and population? But to draw an inference from those isolated facts that somehow the United States of America is not central to the world and its future — well, that carries postmodernism to a nonsensical extreme.”

Another well-known American journalist speculated that the controversy will soon pass: “Moral relativism remains a pernicious force in our society, but overall it holds less appeal than ever, even on American campuses. It’s not just that we’re the only superpower — we happen to also be the light onto the nations and the key to the world’s fate. People who can’t accept that reality are not going to have much credibility.”

_____________________________

Norman Solomon’s book “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death” is out in paperback. For information, go to www.WarMadeEasy.com

The Lowell lessons

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EDITORIAL When someone — quite possibly a faculty member or administrator — poured pink paint on a gay teacher’s computer at Lowell High School and left a racist, homophobic note, the administration tried to keep it quiet. Teachers say they were told not to discuss the hate crime with students. Other than a tiny notice in the San Francisco Chronicle — and whatever rumors may have been swirling around campus — the students at the city’s premier public high school had no idea what was going on.
That was terrible judgment on the part of the interim principal, Amy Hansen. When this sort of thing happens on a school campus — particularly a school like Lowell in a city like San Francisco — the administration should immediately go public, make an announcement to faculty, students, parents, and the larger school community, arrange for discussions in smaller groups, and make it clear that intolerance won’t be tolerated.
Instead, the incident was allowed to fester — until the student paper, the Lowell, defied administration wishes and did a story.
The report was fair and accurate, and it gave everyone on campus some insight into what had happened.
The hate crime report was one of several scoops that got the students in hot water this year. Earlier, a Lowell reporter had learned the identity of a student who slashed a teacher’s tires and reported why the student did it — but refused to reveal the offender’s name to the administration. Reporters, the student journos said, are not agents of the police, and they have every legal and ethical right to protect confidential sources.
Hansen was unhappy about those stories (and several others) and required the Lowell’s staffers to meet with her while she expounded on ethics. Fortunately, neither the Lowell staff nor their faculty advisers backed down an inch.
There are two important lessons here. The first is that student journalists have the same rights as professionals and that school administrators ought to respect those rights and not try to intimidate the campus press.
The other is that student newspapers are an essential part of any high school community.
In the past few years, with money short all over, the San Francisco Unified School District has taken a lackadaisical attitude toward campus papers. Today only eight of the city’s 21 high schools have active papers. The hate crime incident at Lowell demonstrates exactly why that’s unacceptable.
Student papers are obviously a wonderful teaching tool. They get kids to think about writing in a different way; they open up opportunities and stimulate debate. But they also serve a community purpose: the students know (often better than anyone else) what’s really going on in a high school and with proper support and guidance can hold administrators and teachers accountable, prevent the spread of misinformation and rumor, and make the school a better place.
Student papers don’t have to be expensive items. Printing isn’t free, but with a bit of prodding, we suspect the dailies in town might be willing to do the work at a steep discount. And Web publishing is practically free. Giving one teacher the time to serve as an adviser isn’t going to break anyone’s budget.
The school board ought to establish a policy that every local high school have a functioning campus newspaper — and ought to tell the administrators to refrain from trying to censor the student press.

A snapshot of what is going on these days in the world of the Galloping Conglomerati

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Rumors just in:

This illustrative note came to me a few minutes ago from Chain Links, the online publication of the Newspaper Guild, which is fighting fires on all fronts in these days of the Galloping Conglomerati.

The email note:

“I wanted to let you know that two reporters from The (Santa Cruz) Sentinel called me today, wanting to know if I’d heard any rumors that CNHI, the Birmingham, Ala.-based company that just bought the Sentinel, is talking with Media News (Singleton) about a possible swap involving the Monterey Herald. Apparently–and this is what a source told one of the reporters–MediaNews would get a CNHI paper in Pennsylvania (the Sharon Herald in Sharon, Pa.) in exchange for the Herald. An announcement, according to the source, is supposed to come sometime this week and there is a meeting going on today between CNHI and Media News.”

So? Or not so? We shall see. We made some calls to check, but got nowhere. In any event, whether this rumor is true, it illuminates some sad truths about the current state of daily newspapers hereabouts: (a) that the chains are flipping papers about as if they are no more than playing cards in a game at the local pool hall and (b) that
these are the kinds of unsettling rumors flying about the newsrooms and boardrooms of the Galloping Conglomerati, the phrase I use for the chains at play. (See my previous blogs). Where it all will end knows only God. Alas. Alas. B3

Judge slams daily-paper monopoly

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It’s rare to see a federal judge slap down two of the nation’s biggest media corporations, accuse them in effect of lying and declare that their intentions are illegal. That’s what Susan Illston did Nov. 28 in a ruling that barred Hearst Corporation and Dean Singleton’s Media News Group from combining sales and business operations in Northern California.
It’s a stunning legal document: The judge exposes in some detail the plans of the two big companies to collaborate with each other on sales and distribution, undermining any pretense that there will be real competition in the Bay Area daily newspaper market.
The ruling came as part of a lawsuit by real-estate investor Clint Reilly, who is doing as a citizen what the state and federal justice departments have refused to do. He’s challenging the right of Singleton and Hearst to create a regional daily paper monopoly.
Reilly sued to block Singleton from buying the San Jose Mercury News, the Contra Costa Times, the Monterey Herald and some 30 other smaller papers, a move that would give the Denver media magnate a virtual monopoly on daily newspapers in the region. (Singleton already owns the Oakland Tribune and the Marin Independent Journal). Singleton’s lawyers argue that the deal isn’t actually eliminating competition, since the San Francisco Chronicle, owned by the Hearst Corporation, is still a major competitor. And in fact, in part of the basis of that argument, Illston rejected Reilly’s original attempts to put the deal on hold.
But there’s a strange aspect to the sale: Hearst put up $300 million to help finance the buyout, and in exchange was slated to get stock in some of Singleton’s properties outside of California. Reilly found that fishy, but at first, the judge disagreed.
But over the past few months, as Reilly’s lawyer, Joe Alioto, has sifted through a huge pile of discovery material, a key piece of evidence has come to light. It turns out that Hearst and Singleton quietly had a plan going to sell ads together and to combine their Bay Area distribution operations. In other words, the ostensible competitors were really going into business together.
“”The Hearst Corporation and Media News Group Inc. agree that they shall negotiate in good faith agreements to offer national advertising and internet sales for the San Francisco Bay Area newspapers on a joint basis,” an internal letter that Alioto uncovered states. The April 26, 2006 letter, from Hearst Senior Vice President James Asher to Joseph J. Ludovic IV, president of Media News, also states that the companies will work to “consolidate the San Francisco Bay Area distribution networks of such newspapers.”
That sort of arrangement is very similar to the joint operating agreements that were popular in the 1970s and 1980s. Under JOAs, two competing daily papers would combine their business functions while operating separate newsrooms. It was immensely profitable for the JOS publishers – and horrible for readers and advertisers. Without any ecnomic inventive to compete, the papers gave up on their duties as watchdogs of the public trust. The San Francisco Chronicle and Examiner operated under a JOA for many years.
The letter, Illson wrote, “casts doubt on the Court’s earlier finding that the San Francisco Chronicle is a strong source of competition for [Singleton’s] newspapers.” She added that the arrangements “appear inconsistent with the notion [cited by Hearst’s lawyers] that … Hearst ‘is specifically not going to be involved in [Singelton’s] Bay Area newspaper properties.’” That’s legalese for saying that the giant newspaper barons at the very least misled the court.
In fact, Illston states that she “is not wholly convinced that the arrangement now described by defendants would be legal.” The point: advertisers seeking to buy space in a Bay Area daily paper might wind up with having exactly one choice – the combined Singleton-Hearst operation – a situation that would violate antitrust laws.
“Such agreements, the mere existence of the letter, and the cooperation between Hearst and Media News they reflect, increase the likelihood that the transactions at issue here were anti-competitive and illegal,” Illson wrote.
In open court, Alioto argued that the Hearst-Singleton side deal was the lynchpin that made the entire complex purchase deal possible. That would mean that from the start, officials from Hearst and Singleton had agreed to join forced and end daily competition in the Bay Area.
Illston didn’t toss out the entire Singleton deal, ruling that if Reilly succeeds in proving the deal illegal, it can be undone later. But she did issue a restraining order blocking the parties from entering into any of the joint operations that were described in the April 26 letter.
The amazing thing about all of this is that it came to light only because Reilly was willing to put up his own money to take on the case. The U.S. Justice Department was happily allowing it to sail forward. California Attorney General Bill Lockyer had done nothing to toss even a pebble in the path of the merger steamroller. That’s not just terrible public policy – it’s embarrassing. With this new evidence now available, Lockyer and the feds should immediately go into court and join with Reilly to seek a permanent injunction against the entire deal and to force Singleton to divest some of his properties so that some semblance of competition will exist in the local daily newspaper market.
The ruling raises a troubling question: What’s in all of the other secret documents are out there? What other plots and plans were the newspaper owners hatching? We don’t know – because the publishers, who love to describe themselves as staunch supporters of open government, have demanded that every piece of paper in the case be kept under court seal. That’s wrong: The papers certainly can’t claim that competitive trade secrets are at issue, since they clearly had no intention of competing. So why the secrecy? Judge Illston should lift the seal and open all of the records in this case to the public.

PS: The mighty U.S. Justice Department can lock 24-year-old Josh Wolf in prison for standing up to his First Amendment rights, but can’t seem to lift a finger against big newspaper publishers. Lovely.

The morning after

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› gwschulz@sfbg.com
The plight of newspapers is a popular news story these days, from a late-August cover package in the Economist (“Who Killed the Newspaper?”) to National Public Radio’s On the Media last week (“Best of Times, Worst of Times”).
It’s usually told as the story of an industry on its deathbed, bleeding from self-inflicted wounds and those delivered by Wall Street, Main Street, Craigslist, and the blogger’s laptop. Ad revenues have nose-dived in recent years. Circulation is down nationwide. Journalism scandals and shortcomings have damaged the whole profession’s credibility.
And staff newspaper blogs alone won’t be enough to bring a new generation of tech-savvy Americans back to hard-copy publications that even smell stodgy and old.
Yet the bottom line is still the bottom line. The truth of the matter is that many publicly traded newspaper companies have healthy profit margins ranging between 15 and 20 percent. But the tendency of the doom and gloom business press to sensationalize bad news may actually make things easier for William “Lean” Dean Singleton, the cost-cutting king of Denver-based MediaNews Group, which recently announced a round of staff reductions at its Bay Area newspapers. The cuts came amid claims of a massive dip in ad income just a few months after Singleton promised that his company’s buyout of local newspapers wouldn’t diminish the quality or quantity of journalism here.
“Given continued declines in revenue, we need to reduce expenses significantly, and thus have no alternative but to implement a reduction in [the] work force,” George Riggs, who was recently appointed to lead the company’s Northern California operations, told employees in a memo Oct. 20. Several such memos have now been posted on the Internet.
If this is how quickly the news biz can turn ugly, it’s a wonder MediaNews was attracted to print journalism in the first place. Who knows what newspapers around here will look like in another few months? How much fat can they trim before they start hitting bone?
They aren’t just cutting staff. The Bay Area’s newspaper establishment is now outsourcing work to circumvent those pesky labor unions. The press operators’ union at the San Francisco Chronicle — which was the sole union holdout against management’s demand for expanded control and decreased benefits — could disappear in three years as a result of a new printing contract with a Canadian company. MediaNews recently announced plans to outsource ad production positions to India.
Consolidation already has amounted to fewer reporters covering individual stories that are distributed to several publications, including at least one story about the latest layoffs. That means fewer editorial perspectives on key public policies (and possibly fewer editorial positions) for readers in a market that’s notorious for its high intellectual demand and robust political participation.
Only an ongoing federal Justice Department investigation and a civil lawsuit threaten to slow down big changes going on at the Bay Area dailies. A federal judge ruled just before deadline in real estate mogul Clint Reilly’s antitrust claim against the Hearst Corp., publisher of the Chronicle, and MediaNews that for now, at least, the two could not combine circulation and advertising operations to save money.
The companies had secured a court order sealing key records unearthed during discovery, including depositions and exhibits, citing the right to protect confidential trade secrets. It’s an ironic move for a group of papers that have regularly sued government agencies for public records and made a great show of their First Amendment pieties.
Federal Judge Susan Illston on Nov. 28 blocked the two companies from merging some advertising and distribution operations, a consolidation she said was probably illegal under antitrust laws. And she sounded her concern that Hearst isn’t the “passive equity investor” it had represented itself in court to be. She also revealed the contents of letters written in March and April by company executives: “Hearst and MediaNews will enter into agreements to offer national advertising and internet advertising sales for their Bay Area newspapers on a joint basis, and to consolidate the Bay Area distribution networks of such newspapers, all on mutually satisfactory terms and conditions, and in each case subject to any limitation required to ensure compliance with applicable law.” (For more extensive information on the ruling and related coverage, see www.sfbg.com.)
For those who regard newspapers as more of a public trust than an engine for deep profits, the future is starting to look a bit unsettling.
When Singleton expanded his control over the Bay Area threefold last summer, he temporarily quelled some discontent by assuring skeptics that there were no planned changes in staffing and salaries as a result of the transactions.
“We’re looking forward to doing a lot of good things here in Northern California,” Singleton told San Jose Mercury News staffers, according to the paper’s story on the buyout.
But employees at the papers still had every reason to be nervous about Singleton’s $1 billion takeover of the Contra Costa Times, the Mercury News, and other papers from the Sacramento-based McClatchy Co.
MediaNews already owned the Oakland Tribune, the San Mateo County Times, and the Marin Independent Journal among others in California before it carved excess properties out of McClatchy, which had grown too large following its purchase of the Knight Ridder chain earlier this year.
The purchases allowed Singleton to seize almost complete control of 14 metropolitan and suburban media markets. The only remaining daily print competitor in the Bay Area was the Chronicle and its parent company, the Hearst Corp., which subsequently purchased $300 million in MediaNews stock, a deal the feds are still investigating. When the transaction with Hearst was finalized, top executives at MediaNews were collectively awarded about $2 million in bonuses.
Some profiles of Singleton have depicted him as a good old-fashioned newspaper journalist, but knowing his cost-cutting reputation, only a fool would assume there were no plans to consolidate major operating functions to save money regardless of any promises made. Singleton has always been more about business than news.
Clustered ownership and shared management were prominent features of the company that MediaNews presented to investors at a Deutsche Bank “Global High Yield” conference in October. An April letter that reappeared in federal court last week during a hearing in Reilly’s suit confirmed that MediaNews and Hearst hoped to shed costs by possibly combining circulation and advertising operations.
Layoffs are also a big part of Singleton’s MO. Respected but tough Contra Costa Times editor Chris Lopez was let go in October because he’d become “redundant,” according to a memo company executive John Armstrong sent to employees.
“That came as a shock to a lot of people in the newsroom,” one source at the paper told the Guardian. Known for handing cash rewards out of his wallet to reporters who nailed concise stories for the front page, Lopez had attempted to play down Singleton’s reputation when the purchases were announced. Lopez had been at the paper for more than six years and had helped earn Singleton a Pulitzer Prize during a six-year stint at the company’s flagship Denver Post, received for its coverage of the Columbine shootings.
“In better times, we might have found a way to ignore an extra position or two or even three,” Armstrong wrote in the memo.
Lopez insisted to the Guardian in a phone interview that he had proposed his own termination to ease anticipated cuts elsewhere.
“My layoff from the paper was not unexpected,” Lopez said. “It caught the staff off guard, but I saw it coming. I made the recommendation. I was trying to save some jobs in the newsroom.”
The loss of an experienced editor may have saved some jobs … for now. But maybe not for long. Reporters have been asked to summarize their beats for managers to determine how they can cover single subjects for a number of papers. The idea seems to be maximizing staff output rather than ensuring broad coverage of the communities.
A story about Lopez’s departure written by a Times reporter also appeared on the Merc’s Web site. MediaNews is also looking into multimedia deals with local TV stations and arming reporters with cameras for podcasts, one source told us.
Armstrong told the Guardian in a phone interview that opinion columnists, for instance, could still cover the same stories. “But we had found some situations where reporters were sent to the same events like Oakland [Raiders] away games.” He said offering buyouts to staffers has been “successful,” but it wasn’t enough to stem declining revenue, triggering the need for “involuntary” layoffs.
All of this may make sense from a strictly economic perspective. After all, doing more with less is a widely accepted imperative for profit-driven corporations. But there is a public price that will be paid for this reality: Bay Area citizens will get less original reporting and fewer perspectives on the news.
A former senior staffer at a major Bay Area daily wrote an open missive outlining recent major stories covered by fewer reporters: “Three months after MediaNews Group added two major Knight Ridder dailies to its far-flung Northern California newspaper group, news coverage is well on its way to being homogenized in this formerly competitive market.”
The observation is borne out by a Guardian survey of three major MediaNews papers. Out of 10 top recent cultural and political stories in the Bay Area, nine were covered by the same reporter, who wrote the same article for all three papers. (For details, visit www.sfbg.com.)
Under the recent layoff announcement, the Merc could lose up to 101 employees, half from its newsroom, while more than 100 business-side positions will be reportedly moved to a new, nonunionized San Ramon office of the California Newspapers Partnership (CNP), a consortium of companies including Gannet Co. and Stephens Group that helped MediaNews fund its recent purchases. The centralized San Ramon space could continue to fill up with employees from the business side of the papers who have been forced to reapply for their jobs under the CNP corporate moniker. They would presumably fall out from under union protection.
The company’s Peninsula and East Bay papers saw cuts across their operations from Walnut Creek to San Mateo. Armstrong told the Times the layoffs were “broad but not deep.” East Bay Express writer Robert Gammon, a former Tribune reporter and union organizer, revealed in early November that MediaNews planned to leave behind the Tribune’s historic downtown tower and move many of its staffers to the San Ramon office. News-side functions could be moved to a cheaper spot across from the Oakland Coliseum.
“The question is how do we continue to put out a paper people want to read if we continue to cut further?” Luther Jackson, executive officer for the San Jose Newspaper Guild, which represents almost 500 workers at the Merc, asked the Guardian. “I have a concern that when newspapers face increased competition for advertising, why are we cutting service? Does it work for readers? Does it work for advertisers?”
The Bay Area isn’t alone. In the complex transactions that took place over the summer, Hearst bought the St. Paul Pioneer Press from McClatchy and shifted it to MediaNews in exchange for stock in the company. At the Pi Press, as it’s known in Minnesota, 40 positions were cut in November. A MediaNews paper in Los Angeles, the Daily News, recently axed its publisher and 20 other workers.
MediaNews enraged union workers at the Merc when it offered them a contract during September negotiations that was unlike anything they’d seen at the paper before. The company has since toned down some of its harsher demands but asserted that if a tentative agreement were accepted by Nov. 30, the Merc might see fewer layoffs, Jackson told the Guardian.
The proposal would grant management the right to modify insurance coverage without telling the union, freeze the paper’s pension plan and replace it with a 401(k), and change the types of work that could be assigned to nonunion employees. It would also allow the paper to hire new workers at “market-rate” salaries, which means their pay increases could be capped at lower rates.
The company may choose to simply not replace costly veterans who are retiring or accepting buyouts, meaning cub reporters could find themselves with fewer seasoned mentors around to help teach them government and private sector watchdogging.
The guild foresees losing nearly 200 members if the full number of layoffs and worker transfers are carried out. And many guild members fear it may also mean the beginning of the end of newspapers as we know them.
Corporations have the right to see to their bottom lines. But communities and individuals also have a right to the fruits that independent, competitive journalism bestows. And that’s the right being asserted now in civil court by Clint Reilly.
While federal and state investigators have largely been idling, Reilly sued Hearst, MediaNews, and its other business partners last summer. He asked Judge Illston to temporarily halt the transactions until the trial begins in his antitrust claim against the companies. She denied Reilly’s initial request for a preliminary injunction, in part because the Hearst investment had not been officially inked, even though the trial isn’t expected to start until this spring.
In her opinion, however, she suggested parts of the deal were troubling and has not ruled out forcing MediaNews to give up some of its newly acquired assets. Earlier this month Reilly’s attorney, Joe Alioto, again asked the judge for an injunction. The renewed appeal was inspired in part by the recently announced job cuts.
The plaintiffs are arguing Hearst and MediaNews previously withheld a letter from the court that the two companies had signed agreeing to discuss the possibility of combining some circulation and advertising functions to save money. In his request Alioto told the judge the companies were “rapidly consolidating, commingling, and irrevocably altering their San Francisco Bay Area newspapers so as to frustrate this Court’s ability to provide an effective remedy for their antitrust violations.”
During a tense hearing last week on the matter, Alioto asked that top Hearst and MediaNews executives be ordered to testify immediately. He suggested Hearst’s board of directors would never have agreed to invest $300 million in MediaNews if it couldn’t also merge distribution and ad sales with its competitor.
“I don’t think there is any doubt that they intend to end up with newspapers that are very different than they are today,” Alioto said. He wants any such discussions stopped by the court, adding, “We believe they intend to wipe out the possibility of any of these papers to remain freestanding. These papers will not be the same within a very short amount of time.”
Hearst attorney Daniel Wall angrily fired back that no one was trying to deceive the court with a price-fixing agreement and that the companies were merely discussing the possibility of “pro-competition collaboration,” which Wall described as a business partnership lawfully permitted by the Justice Department. He disclosed that the Chronicle was bleeding millions of dollars annually, partially because of lost revenue to the Web, and exclaimed that drastic cost reductions were necessary to keep the paper alive.
“These are tough times for newspapers, and they need to take cost out of the system,” Wall told the judge. “They need to find new revenue streams.”
Hearst has already faced something akin to all of this before. Reilly sued it in 2000 when the company bought the Chron and attempted to nix competition by shutting down its long-held San Francisco Examiner. Reilly didn’t block the deal, but the Justice Department forced Hearst to keep open the reliably conservative Examiner, today owned by another Denver-based company.
This week Illston ruled that Hearst and MediaNews must temporarily stop any agreements to combine advertising sales and distribution networks until Dec. 6, when she’ll decide whether to extend her prohibition on merging business operations.
Reilly has emerged over the last decade as a serious pain for corporate media executives and unshakable critic of concentrated newspaper ownership in the Bay Area. His most recent lawsuit charges that the Hearst and MediaNews partnership would dilute fair competition and limit alternatives for both readers and advertisers.
“They started the blood flow with the firings,” Alioto told reporters after the hearing. “We think when they’re done with this they’re going to have entirely different newspapers.”
Recent job losses don’t stop at just MediaNews. The Chronicle is getting in on the action too.
Divisive contract negotiations between the Chronicle and the Web Pressman and Prepress Workers Union Local 4 over the last two years ended recently when the union “reluctantly approved” an agreement, union treasurer Paul Kolter told us. The union was the last holdout at the paper to accept drastically reduced workers’ rights.
By successfully pushing its will on the unions, Hearst has virtually ensured that the press operators won’t pose much of a threat to the company anymore, because around the same time it signed a $1 billion outsourcing deal with the Canadian printing company Transcontinental.
The union’s new contract is up in about three years, and there are no assurances Local 4 will have any workers in the new plant Transcontinental has promised to build. That could mean the end of its relationship with the Chronicle and about 225 workers from the paper that it represents.
The previous contract ended in the summer of 2005, and under the paper’s new publisher, Frank “Darth” Vega, management called for drastic cuts in salaries and benefits. The two groups spent several intervening months battling over the proposed changes.
In July, Vega prepared the paper for a strike, issuing a memo that outlined exactly how to keep the paper operating throughout a work stoppage, and hired a notorious security firm that specializes in handling labor disputes.
The union points out that while the Chronicle complains of massive financial bloodletting, its parent company, Hearst, has somehow scraped together enough money for a brand-new $500 million office building in midtown Manhattan, the construction of which was completed over the summer. The company also sold the sprawling 82,000-acre ranch that surrounds Hearst Castle to the state early last year for nearly $100 million. It was once home to the notoriously belligerent and imperialistic newspaper magnate William Randolph Hearst.
Union members say there are wide ramifications to what’s happening here. In July the World Association of Newspapers published a report describing how more news services globally, including the New York Times, were outsourcing major tasks, even news reporting, to save money.
“There are a lot of labor unions that have an interest in what is happening with us,” Local 4 organizer and press operator Bruce Carlton told members at a meeting in late October. “If this flies, it will be a blueprint on how to break unions. We will be sent back into the ’30s.”
The mood is dark for many employees working under MediaNews and Hearst. The scrappy feel and hard-driving reportage of the CoCo Times under Lopez and Knight Ridder are believed by some to be at risk following the purchases. “No one thinks we’re going to be a better newspaper because of this,” one source at the paper told us.
In another memo MediaNews executive Armstrong wrote to Bay Area staffers last week, he stated that the company, in fact, predicted its “advertising revenue challenges.”
“We have no additional job reductions planned due to economic conditions, but we cannot guarantee that additional reductions might not be necessary in the future,” he wrote. “Our job level is dependent on our revenue performance.”
The memo also shows that the company plans to sell an office in Danville and two parking lots in downtown Oakland.
News accounts depicted third-quarter earnings for MediaNews based on Securities and Exchange Commission filings as a windfall profit caused by its purchases of the Times and the Merc. But the company’s ad revenue and circulation are actually down a few percentage points, and it made $16 million from the July sale of an office building in Long Beach, which offsets a simple analysis of its financial standing.
It’s still a company that topped $1 billion in revenue last year, a figure that has increased steadily since 2002, but Singleton has never feared doing business with loads of debt on the books, which he’s always used to fuel new purchases. For the Bay Area papers, MediaNews took on a $350 million bank loan in August.
MediaNews has still managed to take recent dire economic forecasts to a fever pitch despite its confidently large debt burden, enabling the company to implement a business model that’s hardly new for Singleton. He knows how to make money. Interestingly, for an industry that’s supposedly on the ropes, several billionaires (who didn’t become wealthy by investing poorly) have in the last few weeks publicly expressed interest in purchasing some of the nation’s largest dailies.
The Boston Globe noted earlier this month that rock industry tycoon David Geffen and grocery chain investor Ron Burkle were considering a bid for the Tribune Co., which owns the Los Angeles Times. That paper recently endured a major shakeup when a top editor was fired for refusing to execute job cuts demanded by the company. Former General Electric CEO Jack Welch has considered a run for the Globe, and more buyout rumors have floated around the Baltimore Sun and the Hartford Courant. Such deals could signal a fundamental shift in how newspapers are regarded with respect to their newsgathering responsibilities.
“Geffen has reportedly told associates that he’d be happy with returns comparable to the 3 or 4 percent he might get from municipal bonds,” the Globe wrote. Others have discussed turning individual newspapers into nonprofits.
But Singleton probably isn’t going anywhere, and a lot of people are going to have to learn how to get along with him around here, Texas drawl and all, unless the feds shut down his party.
Knight Ridder was a respected newspaper chain before investors grew restless and demanded greater short-term profit margins. It was sold earlier this year to McClatchy (begrudgingly for some top execs and Pulitzer-wielding journalists who openly fought with Knight Ridder’s financial backers prior to the sale). Knight Ridder posted a profit margin of nearly 20 percent in 2004.
Employees of the chain wrote a chilling open letter shortly before it was sold: “Knight Ridder is not merely a public company. It is a public trust. It must balance corporate profitability with civic purpose. We oppose those who would cripple the purpose by coercing more profit. We abhor those for whom good business is insufficient and excellent journalism is irrelevant.” SFBG

Clint Reilly wins a big one against Hearst and Singleton. Fighting to keep one newspaper towns from becoming a one newspaper region.

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By Bruce B. Brugmann

On April 26, 2006, the McClatchy newspapers and the Chronicle/Hearst and MediaNews/Singleton publicly announced a complex series of transactions that resulted in Singleton owning three major Bay Area dailies (Contra Costa Times, San Jose Mercury News, and the Monterey Herald) that had been previously owned by Knight-Ridder and then McClatchy.

On the same day, April 26, 2006, Hearst and Singleton secretly signed a key centerpiece deal that set up a secret arrangement between Hearst and Singleton that in effect would allow them to join forces, destroy daily competition in the Bay Area, and establish a regional monopoly for the duration.

The key point: the two big publishing chains from New York and Denver lied in effect about the monopolizing features of their deal, and in effect concealed key evidence in the Clint Reilly antitrust case, according to Federal Judge Susan Illston. And then the two chains, who love to holler about freedom of the press and government suppression of documents, moved to keep the documents under seal, including the incriminating letter outlining the monopoly agreement. Their coverage amounts largely to rummy little business stories buried deep in their papers.

Illston neatly skewered the Hearst/Singleton lie that their deal was harmless and would not interfere with vigorous competition between the two companies. Illston quoted the April 26 letter, which she pointed out was not disclosed in the first hearing on a request for a temporary restraining order. (Alioto got the letter in discovery. It is an even bigger bombshell than his charge in the first Reilly trial that Hearst was “horesetrading” favorable coverage for political favors with then Mayor Willie Brown and others to get political help on its moves to create a morning monopoly.)

The letter of agreement was from Hearst Corporation Vice President James Asher to Joseph Lodovic, president of MediaNews. She quoted “in pertiment part” these statements: “The Hearst Corporation and Media News Group agree that they shall negotiate in good faith agreements to offer national advertising and internet advertising sales for their San Francisco Bay Area newspapers on a joint basis, and to consolidate the San Francisco Bay area distribution networks of such newspapers, all on mutually satisfactory terms and conditions, and in each case subject to any limitations required to ensure compliance with applicable law.

“In addition, Hearst and MediaNews agree that, with respect to the newspapers owned by each of them on the date of this letter, they shall work together in good faith to become affiliated with the networks operated by Career Builder…and Classified Ventures) on the same terms, and each of Hearst and MediaNews further agrees that neither of them shall enter into any agreement, arrangement, or understanding to participate in Career Builder or
Classified Ventures or their respective networks with respect to such newspapers unless the other party is offered the opportunity to participate on identical terms…”

Illston quoted extensively from the “secret” letter, but the Guardian and nobody else can see the letter, oor the supporting documents and depositions, that would further flesh out monopoly deal. That is a terrible position, let me emphasize, for big daily chains to be taking in federal court these days.

Illston said the letter “casts serious doubt on several key findings underlying” her previous order denying a temporary restraining order. She said that she had previously accepted Hearst arguments that “Hearst’s involvement in the transactions was solely that of a passive investor.” But she continued, “Though (Hearst and Singleton) offered no explanation why Hearst was willing to finance an acquisition that would only make competition stronger, the Court did not understand that Hearst expected, or would receive, any quid pro quo. However, the April 26 letter suggests, at the very least, that Hearst’s involvement was specifically tied to an agreement by MediaNews to limit its competition with Hearst in certain ways.”

This “cooperation” between Hearst and Singleton, she said, was “in fact, quid pro quo for Hearst’s assistance to MediaNews in acquiring two of the Bay Area papers.” (The quid pro quo was also a $300 million Hearst investment in Singleton, which I think might evaporate should Illston ultimately nix or water down the deal.) Illston also said the letter indicated that the Chronicle may not continue to be “strong competition” for the other Bay Area papers.

Had the letter been disclosed to the court, she said, it would have “affected the court’s analysis of the McClatchy-MediaNews-Hearst transactions in this case.” Summing up, she stated that “such agreements, the mere existence of the letter, and the cooperation between Hearst and MediaNews they reflect, increase the likelihood that the transactions at issue here were anti-competitive and illegal.”

And so she granted a temporary restraining order in part and temporarily restrained and enjoined Hearst and Singleton from entering into any agreements “of the nature described in the April 26 letter, including agreements to offer national advertising sales for their San Francisco Bay Area newspapers on a joint basis, and consolidation of the Bay Area distribution networks for their papers.” She ordered Hearst and Singleton to show cause at a Dec. 6 hearing why she should not impose a preliminary injunction. Quite an opinion.

As an antitrust attorney told us after reading the opinion, “How the hell does Joe Jr. keep getting the Hearst people to lie under oath, then cough up the documents that prove it? Haven’t they figured out that judges don’t react well to that little character flaw?”

Implicit in all of this is Brugmann’s Law of Journalism: where there is no economic competition, there is no news or editorial competition. Suddenly,for the first time ever by the terms of the proposed deal, daily competition would be eliminated and one of the most liberal and civilized areas of the world would be firmly under the monopoly thumb of conservative billionaires from New York and Denver. The result would give ad rates a monopoly boost, gut and centralize editorial staffs, make editorials and endorsements ever more uniform and conservative, and send all profits out of town on a conveyor belt to headquarters to buy more properties. The carnage is well underway (note our stories and those carried on ChainLinks, the newspaper guild publication)

Illston should disclose the letter and other documents in open court. And the U.S. Justice Department and California Attorney General should awake from their long naps and jump into this case and stop this secretive march to regional monopoly. Meanwhile, thank the Lord for Reilly and Alioto. Keep on rolling. B3, celebrating San Francisco values since l966

P.S. We are running lots of material on this story, including the judge’s order, because it amounts to a “censored” story in the mainstream media. Each year, as the local part of our Project Censored package, we cite the monopolization of the press story. We will follow the current version along in the Guardian and the Bruce blog. Send us your comments and evidence of Eurekas or Censored material. (See previous blogs)

The morning after by G.W. Schulz
While drunk on big newspaper purchases, Dean Singleton promised competitive papers and no layoffs. Now he’s swinging the ax, cutting deals with Hearst, and decimating local news coverage

Judge slams daily-paper chains by Tim Redmond
With a federal court ruling exposing a secret plan by Hearst and Singleton to join forces and end competition, the federal and state Justice Departments should intervene – and all records in the case should now be open

More on Singleton by G.W. Schulz

Read the judge’s decision
Judge Susan Illston’s ruling on Hearst-MediaNews collaboration

The harsh truth – and lies – of the camera eye: A talk with Turner Prize nominee Phil Collins

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Today in London, Turner Prize nominee Phil Collins held a press conference in which people who’ve appeared on TV discussed their experiences — specifically, how their lives were damaged or altered by their participation in “reality” shows. British newspapers and television are already reporting on the conference, part of the second installment in Collins’s country-hopping series The Return of the Real, and one aspect of his entry in the Tate Britain exhibition.

phil-photo.jpg
Phil Collins

Last week, I talked on the phone with Collins, allegedly one of the ten most important artists in the world, according to Flash Art. I know I count him as a current personal favorite, partly due to his Baghdad Screentests (2002), a rare example of Andy Warhol-influenced, attracted but not embedded contemporary reportage. It sets silent video portraits of young men and women to some of Collins’s favorite pop songs, with the pensive men sometimes inspiring swoons ranging from “Well I Wonder” to “I Feel Love.” The relationship between image and sound is a basic and yet rich one: the songs can resonate as personal expression by Collins, as commentary on the oncoming Bush-sanctioned bombing and occupation, and (only perhaps, and if so, only occasionally) as an imagined first-person voicing of the the subjects’ unspoken thoughts. This type of meta-commentary on mediated image dates back to at least 1999 in Collins’s art. That year’s How to Make a Refugee steps into and back from a photo shoot depicting a family from Kosovo.

Replacing the profound stillness of Baghdad Screentests with hired (and increasingly tired) movement, Collins’s answer video to a relevant ’60s film, They Shoot Horses (2004), stages a dance marathon in Ramallah, Palestine; his video triptych from the same year, The Louder You Scream, the Faster We Go, tweaks the music video form by taking artistic license with songs by unsigned acts, turning them into soundtracks for visions of elderly ladies’ dance classes and a hand job update of Warhol’s Blow Job.

phil-dunya1.jpg
Still from dunya dunlemiyor, a video installation by Phil Collins

SF Chronicle to Outsource All of Its Printing, reports Editor and Publisher Magazine. Will those “competitive” Hearst and Singleton papers cover the monopoly story and its impact on San Francisco and the Bay Area?

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By Bruce B. Brugmann

Well, after checking page the Daily Digest on page 2 of the San Francisco Chronicle business section (where I sometimes find a spot of Hearst/Singleton news), I found the monopoly story of the day in an online Editor and Publisher story out of New York, sent via Chain Links, the online publication of the Newspaper Guild.

It was another jolly tip of the iceberg of what is happening to the chains that dominate the newspaper business. The head: “SF Chronicle to OUtsource All of its Printing.” The lead: “NEW YORK: Hearst Corp. has signed a l5-year contract with Transcontinental to print the San Francisco Chronicle and its related products as well as provide post press services.” Second paragraph: “Production is slated to start in spring 2009 in a new plant based in the San Francisco Bay Area.” Third paragraph: “Transcontinental is a Montreal-based company that prints several newspaper in Canada like the Montreal daily La Presse a well as the New York Times for the Ontario and upstate New York markets?” Montreal? In Canada?

The terse six paragraph story yet again raises some key questions about the impacts of regional Hearst/Singleton monopoly: Wil the “competitive” Hearst and Singleton papers properly cover the story and its impacts for readers and advertisers and the public interest in the Bay Area?

For example, does this mean the end of union contracts for the pressmen? What does Hearst plan to do with its existing press equipment and press facilities? Fourth paragraph: “The new facililty is expected to surpass $l billion in total revenue over the l5-year period.” One billion? And just why is that money suddenly going to a company in Montreal, Canada, at the same time that Hearst revenues are going to Hearst headquarters in New York? What’s left for San Francisco?

There are already reports that Singleton (and other newspapers) are outsourcing advertising material to India. And there are reports amongst Singleton staffers that copy editing may be next. And then….City Hall reporting?
Again: Will Hearst and the “competitive” Singleton papers tell us what they are really up to? Or will it have to come from depositions and discovery in the Clint Reilly/Joe Alioto antitrust suit? We will do our best to follow the story at the Guardian and the Bruce blog. Meanwhile, I urge you to sign up for ChainLinks and follow the news from the Galloping Conglomerati. Some recent ChainLinks stories below: B3

‘SF Chronicle’ to Outsource All of Its Printing By E&P Staff

MediaNews profits up on acquisitions By Will Shanley
Denver Post Staff Writer

ChainLINKS. Scroll to the bottom of the website to join the e-mail list

The new Iraq-war media offensive

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The American media establishment has launched a major offensive against the option of withdrawing U.S. troops from Iraq.

In the latest media assault, right-wing outfits like Fox News and The Wall Street Journal editorial page are secondary. The heaviest firepower is now coming from the most valuable square inches of media real estate in the USA — the front page of The New York Times.

The present situation is grimly instructive for anyone who might wonder how the Vietnam War could continue for years while opinion polls showed that most Americans were against it. Now, in the wake of midterm elections widely seen as a rebuke to the Iraq war, powerful media institutions are feverishly spinning against a pullout of U.S. troops.

Under the headline “Get Out of Iraq Now? Not So Fast, Experts Say,” the Nov. 15 front page of the Times prominently featured a “Military Analysis” by Michael Gordon. The piece reported that — while some congressional Democrats are saying withdrawal of U.S. troops “should begin within four to six months” — “this argument is being challenged by a number of military officers, experts and former generals, including some who have been among the most vehement critics of the Bush administration’s Iraq policies.”

Reporter Gordon appeared hours later on Anderson Cooper’s CNN show, fully morphing into an unabashed pundit as he declared that withdrawal is “simply not realistic.” Sounding much like a Pentagon spokesman, Gordon went on to state in no uncertain terms that he opposes a pullout.

If a New York Times military-affairs reporter went on television to advocate for withdrawal of U.S. troops as unequivocally as Gordon advocated against any such withdrawal during his Nov. 15 appearance on
CNN, he or she would be quickly reprimanded — and probably would be taken off the beat — by the Times hierarchy. But the paper’s news department eagerly fosters reporting that internalizes and promotes the basic worldviews of the country’s national security state.

That’s how and why the Times front page was so hospitable to the work of Judith Miller during the lead-up to the invasion of Iraq. That’s how and why the Times is now so hospitable to the work of Michael Gordon.

At this point, categories like “vehement critics of the Bush administration’s Iraq policies” are virtually meaningless. The bulk of the media’s favorite “vehement critics” are opposed to reduction of U.S. involvement in the Iraq carnage, and some of them are now openly urging an increase in U.S. troop levels for the occupation.

These days, media coverage of U.S. policy in Iraq often seems to be little more than a remake of how mainstream news outlets portrayed Washington’s options during the war in Vietnam. Routine deference to inside-the-Beltway conventional wisdom has turned many prominent journalists into co-producers of a “Groundhog Day” sequel that insists the U.S. war effort must go on.

During the years since the fall of Saddam, countless news stories and commentaries have compared the ongoing disaster in Iraq to the
Vietnam War. But those comparisons have rarely illuminated the most troubling parallels between the U.S. media coverage of both wars.

Whether in 1968 or 2006, most of the Washington press corps has been at pains to portray withdrawal of U.S. troops as impractical and unrealistic.

Contrary to myths about media coverage of the Vietnam War, the
American press lagged way behind grassroots antiwar sentiment in seriously contemputf8g a U.S. pullout from Vietnam. The lag time amounted to several years — and meant the additional deaths of tens of thousands of Americans and perhaps 1 million more Vietnamese people.

A survey by the Boston Globe, conducted in February 1968, found that out of 39 major daily newspapers in the United States, not one had editorialized for withdrawing American troops from Vietnam. Today — despite the antiwar tilt of national opinion polls and the recent election — advocacy of a U.S. pullout from Iraq seems almost as scarce among modern-day media elites.

The standard media evasions amount to kicking the bloody can down the road. Careful statements about benchmarks and getting tough with the Baghdad government (as with the Saigon government) are markers for a national media discourse that dodges instead of enlivens debate.

Many journalists are retreading the notion that the pullout option is not a real option at all. And the Democrats who’ll soon be running
Congress, we’re told, wouldn’t — and shouldn’t — dare to go that far if they know what’s good for them.

Implicit in such media coverage is the idea that the real legitimacy for U.S. war policymaking rests with the president, not the Congress. When I ponder that assumption, I think about 42-year-old footage of the CBS program “Face the Nation.”

The show’s host on that 1964 telecast was the widely esteemed
journalist Peter Lisagor, who told his guest: “Senator, the Constitution gives to the president of the United States the sole
responsibility for the conduct of foreign policy.”

“Couldn’t be more wrong,” Sen. Wayne Morse broke in with his sandpapery voice. “You couldn’t make a more unsound legal statement than the one you have just made. This is the promulgation of an old fallacy that foreign policy belongs to the president of the United States. That’s nonsense.”

Lisagor was almost taunting as he asked, “To whom does it belong then, Senator?”

Morse did not miss a beat. “It belongs to the American people,” he shot back — and “I am pleading that the American people be given the facts about foreign policy.”

The journalist persisted: “You know, Senator, that the American people cannot formulate and execute foreign policy.”

Morse’s response was indignant: “Why do you say that? … I have complete faith in the ability of the American people to follow the facts if you’ll give them. And my charge against my government is, we’re not giving the American people the facts.”

Morse, the senior senator from Oregon, was passionate about the U.S. Constitution as well as international law. And, while rejecting the widely held notion that foreign policy belongs to the president, he spoke in unflinching terms about the Vietnam War. At a hearing of the Senate Foreign Relations Committee, on Feb. 27, 1968, Morse said that he did not “intend to put the blood of this war on my hands.”

And, prophetically, Morse added: “We’re going to become guilty, in my judgment, of being the greatest threat to the peace of the world.
It’s an ugly reality, and we Americans don’t like to face up to it.”

_____________________________

Norman Solomon’s latest book, “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death,” is out in paperback. For information, go to:www.warmadeeasy.com

The devil in the metadata

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The Rules Committee of the Board of Supervisors is considering whether or not the city should allow its departments to release electronic documents that include metadata. Although the Sunshine Ordinance Task Force has already hashed over the minutiae of this issue and ruled that metadata can and should be released, the mystery enshrouding what it is, and the lack of any specific policy or known precedent in other cities or states with public records laws has pushed the discussion upstream to where a formal legislation has become a possibility.
Freedom of information purists are saying all the parts and pieces of a document are part of the public domain, while the City Attorney’s Office is claiming another layer of protection may be required.
Metadata entered the realm of public discussion in San Francisco after citizens started making requests of electronic documents with a specific plea for metadata. Activists Allen Grossman and Kimo Crossman wanted copies of, ironically enough, the city’s Sunshine Ordinance, in its original Microsoft Word format. Grossman and Crossman wanted to use the advantages of technology to follow the evolving amendments the Sunshine Ordinance Task Force members were considering for the city’s public records law. These “tracked changes” are a common function in Word, and are, technically, metadata.
When Clerk of the Board Gloria Young received these specific requests for Word documents, not knowing what this “metadata” was or what to do about it, she turned to the office of City Attorney Dennis Herrera for advice.
Deputy City Attorney Paul Zarefsky initially gave oral advice to Young, and when pressed by the Sunshine Ordinance Task Force, issued a five-page memo in response, arguing that release of documents with metadata could pave a path for hackers into the city’s computer system, render documents dangerously vulnerable to cut-and-paste manipulation, and invite another unwelcome burden of reviewing and redacting for city officials. Young followed his advice and proffered the requested documents as PDFs.
A PDF, or “portable document format,” is essentially a photograph of the real thing, and contains none of the metadata that exists a couple clicks of the mouse away in a Word document. Evolving changes can’t be tracked, and PDFs don’t have the same searchability that Word docs have. So PDFs of the Sunshine Ordinance that Young provided didn’t have the functions that Crossman and Grossman were looking for, and were utterly useless for their purposes.
“It’s 92 pages,” Grossman said of the PDF Sunshine Ordinance. “I can’t search it electronically if I want to find something. This document I received is of no use to me.”

Meta-what?
Before delving too deep into the intricacies of current city politics, let’s pause for a moment to note that you don’t need to be a Luddite to have no idea what metadata is. It sounds like some diminutive or ethereal version of the real thing. In a sense, it is.
Simply put, metadata is data about data, and grows with weed-like tenacity in the electronic flora of the twenty-first century. Common examples include the track an email took from an outbox to an inbox, details about the owner of a computer program, or the laptop on which a Word document has been typed.
Metadata becomes cause for concern when there is something to hide. Not readily visible, metadata requires a little sleuthing to reveal, but in the past it’s been used to uncover deeper truths about a situation. For example, attorney Jim Calloway relates on his Law Practice Tips blog a divorce case where custody of the child was called into question because of the content of emails sent from the mother to the father. The mother denied she’d sent the emails, though the father vehemently insisted she had. A court forensics investigation found metadata showing that, in reality, the father had written the emails and sent them to himself.
“Metadata speaks the truth,” Calloway writes. “My position has always been that a tool is a tool. Whether a tool is used for good or evil is the responsibility of the one who uses the tool.”
Lawyers have historically advised that metadata be fiercely protected. Jembaa Cole, in the Shidler Journal for Law, Commerce and Technology wrote, “There have been several instances in which seemingly innocuous metadata has wreaked professional and political havoc.”
Cole goes on to cite a gaffe from Tony Blair’s administration – a document about weapons of mass destruction was available on the government’s web site, which claimed the information was original and current. Metadata showed that, not only had the information been plagiarized from a student thesis, it was more than ten years old.
Cole urges lawyers to take an aggressive tack against revealing metadata, by educating offices about its existence, making a practice of “scrubbing” it from documents, and providing “clean” documents in PDF or paper form.
The city attorney’s office has taken a similar stance. Spokesperson Matt Dorsey told us metadata has been a part of the continuing education of the city attorney’s office. However, all past case law of which they are aware focuses on metadata in the context of discovery and “the conclusion of most state bars is that they have the obligation, under attorney-client privilege, to review metadata prior to discovery,” he said. “The issue of metadata is a relatively new one in legal circuits. It isn’t a brand new issue to us, but it is in the context of Sunshine,” said Dorsey, who maintains that metadata could still fall within the standard redaction policies of the public records act.
Terry Franke, who runs the open-government group Californian Aware, argues that “the city attorney needs to complete this sentence: ‘Allowing the public to see metadata in Word documents would be a detriment because…’ What?”
“From the beginning of this discussion the city attorney has never provided a plausible, practical, understandable explanation of what is the kind and degree of harm in allowing metadata to be examined that justifies stripping it out,” Francke said.

To the task force
When Grossman and Crossman were denied the documents as they’d requested them, they filed complaints with the Sunshine Ordinance Task Force. In their cases, first heard on Sep. 26, they argued there should be no concern that the text of Word documents could be manipulated – anybody with a gluestick and a pair of scissors could do that to any piece of paper. That had been a consideration when the Sunshine Ordinance was drafted, and why the city always retains the undisputable original.
Thomas Newton, of the California Newspapers and Publishers Alliance, who was involved in drafting the state’s public records law, agreed with them. “If you follow his logic, you can’t release a copy of any public record because, oh my God, someone might change it,” Newton told us.
Crossman and Grossman also pointed out that to convert documents from Word to PDF invites even more work to a task that should be as burden-free as possible. It’s a regular practice for the clerk of the board to maintain documents as PDFs because that preserves signatures and seals of ratified legislation, but to make it a policy of all departments could invite a landslide of work, printing out documents and converting them to PDFs – not to mention undermining the notion of conserving paper.
Also, translation software and the “screen reader” feature that a blind person might employ to “read” an electronic document, don’t work with PDFs.
First amendment lawyers also offered written opinions on the issue. “Some of the city’s arguments have no support in the law whatsoever,” wrote Francke. “The fundamental problem for the city is that it has no authority to legislate a new general exception of exemption from the CPRA (California Public Records Act), and that’s what’s being advanced here.”
“The city’s scofflaw position represents the status quo ante, the old law that used to allow an agency to provide a copy of computer data ‘in a form determined by the agency.’ The city’s position has been directly and completely repudiated by the legislature. If the city disagrees with the law, it should come to Sacramento and get a bill,” wrote Thomas Newton, general counsel for the California Newspaper Publishers Association (CNPA).
As for the hacker scare, Zac Multrux, an independent technology consultant was invited to the Sep. 26 hearing by task force member Bruce Wolfe to speak about the dangers of metadata. He suggested a number of technological tools that are available for purchase or are free online, that will “scrub” metadata from documents. He said that while it’s true that someone with ill intent could mess with metadata, “I think someone would need a whole lot more than the name of a computer” to hack into the city’s system. “Personally, I don’t see it as a significant security risk,” he said.
It was also pointed out at the hearing that a variety of city, state, and federal departments already make Word and Excel documents available. Wolfe did a quick online search and found more than 96,000 Word documents on the State of California web site. “They’re not afraid to make Word documents public online,” he said.
Over the course of two hearings the task force found no basis for Zarefsky’s claims in either the city’s law or the California Public Records Act – both of which explicitly state a document should be released in whatever format is requested, as long as the document is regularly stored in that format or does not require any additional work to provide.
The task force found Young in violation of the ordinance and she was told to make the documents available in Word format. No restrictions or rulings were made for future requests, but task force member Sue Cauthen said, “I think this whole case is a test case for how the city provides documents electronically.”

What’s next?
As requested, Young had the Sunshine Ordinance, in Word format, pulled from the city’s files and posted on a separate server outside of the city’s system to be viewed. Crossman, noting the added labor and resources for that provision, wondered if that would happen to all public records requested in Word format, so he cooked up another request to test his theory.
He asked for all the pending and accepted legislation for the month of September from the Board of Supervisors, in Word format.
While the Sunshine Ordinance Task Force had found that withholding documents because of metadata was against the law, redaction of privileged information is still legally necessary, and Young continued to follow the city attorney’s advice that a PDF with no metadata was still the safest, easiest way to comply. She told us, “I don’t take their advice lightly.”
Zarefsky’s opinion said departments “may” provide PDFs instead of Word documents and that “metadata may include a wide variety of information that the City has a right — and, in some cases a legal duty — to redact. Young’s office does have pending legislation in Word format, she says it does not fall within the expertise of her staff to review and redact the metadata in those documents because they didn’t author them. “Since we don’t create the documents, how could we ever know whether the metadata should be released? We don’t know what it is,” she told us. “We couldn’t even hire expertise that would know.”
“I can’t imagine there’s so much toxic stuff in Board of Supervisors records they can’t let out,” Grossman told us. “This is a whole mystery to me.”
“It’s just data,” says Crossman. “City employees created it on our dime. Unless it falls under redaction discretion, entire documents should be provided.”
Young took the issue to the legislators who do draft the legislation, asking the November 2 meeting of the Rules Committee for further policy consideration. Miriam Morley spoke on behalf of the city attorney’s office, and said there was a sound legal basis for providing documents as PDFs, but that this was an evolving area of the law that the city attorney’s office wasn’t aware of until about 9 months ago. They could find no other cities currently grappling with the issue, but she said, “Our conclusion is that a court would likely hold a right to withhold a document in Word.”
The committee decided to research the issue further before making a ruling. Committee chair Ross Mirkarimi said he had been integral to the drafting of the Sunshine ordinance, and to rush a decision could be detrimental.
“It seems to me in the spirit of the Sunshine law this is something we should really look at,” Tom Ammiano said. It’s currently at the call of the Chair of Rules and no date has been set for the Rules Committee to hear it again.
A policy in San Francisco could set a real precedent for public records law, but according to many first amendment lawyers, for the Board to do so would be a violation of state law. “I know of no other city, county, or subdivision of state government or state agency that’s disregarding the clear intention of the law as some elements of San Francisco city and county government are planning to do,” Newton told us.
“It’s a debate that can’t really occur outside of a proposal to change the state law,” he said. “The Board of Supervisors can’t pick and choose which law to comply with,” and he said the state’s constitution and public records act trumps the city, which is reading the law too narrowly. “They’re required to give a broad interpretation of this access law. If they don’t like it they should come to Sacramento and get a bill,” he said.
“I think a lot of city departments, and policy and advisory bodies can save themselves a lot of headaches by declaring as policy that they will provide documents in their original formats,” task force member Richard Knee said. “With metadata.”

Journalists need to fight back

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EDITORIAL At the annual awards dinner Nov. 9 of the Northern California Society of Professional Journalists, the mood was somber. One of the winners of the Journalist of the Year award, Josh Wolf, was behind bars for refusing to give unpublished material to the authorities. Two others, Lance Williams and Mark Fainaru-Wada of the San Francisco Chronicle, were only free pending appeal of a judge’s order that they go to jail unless they reveal the names of confidential sources.
On the eve of the dinner, the editor of the Los Angeles Times, Dean Baquet, had been fired for refusing to go along with drastic newsroom job cuts ordered by an out-of-town corporate headquarters. The event’s keynote speaker, Jerry Roberts, had been forced to leave his job as editor of the Santa Barbara News-Press after the multimillionaire publisher demanded that basic news reporting be squelched.
The buzz around the room was that more layoffs were coming at the Contra Costa Times and San Jose Mercury News, papers just recently purchased by Dean Singleton, who now owns every major daily in the Bay Area except for the San Francisco Chronicle (which is owned by Hearst, one of his business partners). And indeed, the CoCo Times announced the day after the dinner that it had cut jobs across the board and was outsourcing some production work to a firm with facilities in India.
Linda Jue, the president of the SPJ chapter, made a point in her opening remarks about the need for journalists to take a more active stance, to fight against the assault on freedom of the press and journalistic standards that’s happening across the country. She had exactly the right point — and local and national journalism groups need to wake up and start paying attention.
These are particularly ugly times — the amount of government secrecy, particularly at the federal level, is almost unprecedented. But there’s something else just as bad going on: consolidation of media ownership is destroying the profession of journalism. And that’s something that groups made of working journalists have to start addressing.
There are all sorts of ways to get started. The SPJ, both local and national, ought to formally request the federal Justice Department to overturn the deal that gave Singleton hegemony over the Bay Area market and should press for a full investigation into Hearst’s role in the deal. These organizations (including the big unions that represent newspaper workers) ought to be working with the likes of Media Alliance in demanding that the Federal Communications Commission tighten the rules on ownership of broadcast media. Publicly traded companies that own newspapers should face organized shareholder-resolution campaigns opposing debilitating newsroom cuts. They should look at ways to support San Francisco investor Clint Reilly in his lawsuit against the Singleton deal and should at the very least issue statements on it. They should send regular delegations to see Wolf in jail and should press Rep. Nancy Pelosi to demand a federal shield law — an end to the federalizaton of law enforcement investigations (which can land people like Wolf in jail).
Sure, the Internet is changing the face of the media industry, and there are all kinds of other challenges — but in the end, no matter what the publishing platform, there will always be a need in a democratic society for qualified professional reporters and editors. And those of us in that line of work need to stand up to make sure that big media chains demanding obscene corporate profits don’t suck the life out of American journalism. SFBG

Goldies Visual Art winner Yoon Lee

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A good photograph captures an instant of life within a fraction of city space. The oft-awesome paintings of Yoon Lee — on display earlier this year in a solo show at the Luggage Store — condense seconds, days, and weeks of urban life into images of striking movement and color. Blurs from passing cars; a person glimpsed from the corner of one’s eye; the liquid shifts of Vampire Princess Miyu anime dreamscapes on a TV screen — these are a few of the everyday materials within Lee’s alchemy. Glimpsed as scaled-down versions on a computer screen, her pieces seem purely digital or neo-geo, but in person there is no doubt that her paintings are the result of a lengthy, meditative, and labor-intensive process.
“I know some artists who take a whole year to produce one piece, and I’m not up to that point,” Lee says over hot drinks at Farley’s on Potrero Hill. Her comic strip T-shirt and black leather motorcycle jacket reflect the mix of commercial color and rougher, real-life currents within her paintings. “My 8-feet-by-20-feet scale works usually take about six months. I start gathering images in my head and take photos. I make little sketches. I take things from comic books, newspapers, anything — I’m just an image scavenger.”
From there, Lee uses Illustrator or Photoshop to play with images and forms. “I use it as a mixing board to bring everything together and then edit, real fast,” she says, adding with a laugh, “in the old days you had to use canary paper and transparencies, then mess up and start all over again.” Actually, Lee’s “real fast” edits can last a month or two, but they are indeed quick in comparison to her painting process, a complex, kinetic, and at times astonishingly layered use of Golden acrylics. It’s there that she transmutes her gadget-fiend tendencies and love of shiny plastics into work that swirls with fierce ambivalence about those aspects of modern life and more.
For Lee, the frustration that comes from trying to translate computer compositions into flesh-and-blood paintings isn’t just worthwhile — it’s exactly what she’s seeking. “Sometimes I have to really invent a new process,” she says. “Every time I do a piece there’s something completely different I have to introduce or change so I can produce an effect that’s similar to the original sketch.” That kind of challenge has led Lee through many areas of study (philosophy and computer science, to name two) and fields of employment (she’s sold cars), though all the while she’s never lost focus on painting.
Someday a writer might explore and explain why op art has played such a major role in San Francisco art at the end of the 20th century and beginning of the 21st. Though Lee is part of an upcoming exhibition of San Francisco artists in Leipzig, Germany, curated by “Pierogi” Joe Amrhein, it’s debatable whether she is even influenced by the legacy of Sol LeWitt — or has a kinship with the LeWitt-loving Mission School artists who favor certain rainbow gradations. If her work shares some of their color schemes, its scale and sense of movement explode into a realm apart from the smaller cubic formations and prisms associated with recent Bay Area art. A casual viewer might note as much action as in a Jackson Pollock painting, a kid on the street might recognize an accidental kinship with graffiti. The artist herself names Julie Mehretu and Benjamin Edwards as partial guides.
Lee’s art is slick — but only in a literal sense. To put it another, more paradoxical way, her paintings are deceptively slick on the surface. Beneath the attractive gloss, that shininess that she enjoys and wants to share, are layers that you can get lost in — that is, when you aren’t arrested by the intensity of her observation. (Johnny Ray Huston)

Google in the newspaper biz?

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By G.W. Schulz

The New York Times reported yesterday (and NPR followed up with a little piece) that Google planned to start selling advertisements in the print editions of 50 major newspapers for a test run. Considering the search-engine giant’s business still relies on advertising at the end of the day despite where it’s hunting lately for new investments, it looks like the “do no evil” kingpins of Wall Street are hoping to build an alliance with the old guard of journalism and information dissemination.

According to the Times:

“Advertisers can log into Google’s main advertising system, known as AdWords, and click to go to the newspaper section. They will see a list of the participating papers and the sorts of ads that are available. They can then enter a bid for a certain type of advertisement, specifying the section and date range. Newspapers in turn see these bids and accept the ones they want.”

Hell, maybe we’ll see a full-size Fleshbot ad in the Orange County Register by the end of the Month. Likely not.

Anyway, Google appears to be trying to figure out what to do with its mountains of cash and now globally recognized brand name. They couldn’t throw $1.6 billion at YouTube and its tangle of litigation fast enough.

So, where to next, Google? Selling gorilla graffiti spots on sidewalks?

Wisdom of former presidents

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By Steven T. Jones
Jimmy Carter said something truly remarkable on National Public Radio last night. The segment was about how the former U.S. president and his Carter Center are monitoring the elections in Nicaragua, just as they have in 67 other elections around the world over the last two decades.
For her final question, NPR’s Debbie Elliott asked about repeated voting irregularities here in the U.S. and whether maybe we should have international monitors to ensure our elections are free and fair. Carter agreed that “the United States electoral system is severely troubled and has many faults in it. It would not qualify at all for instance for participation by the Carter Center in observing.”
Among other things, the Carter Center requires uniform voting procedures through the country, roughly equal access to the media by major candidates, some kind of federal agency to ensure sound democratic standards, and the poor having equal access to polling places as the rich – none of which exists in the United States.
Think about this for a second: just as our current president is starting wars in the name of spreading democracy, a former president who is widely recognized as the premier international expert on democratic standards says that our system is worse that most others in place around the world. And that statement doesn’t even warrant a headline in the major newspapers on the day before a national election.

Governor Hummer

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› steve@sfbg.com
If there is a single symbol of American wastefulness, military fetishism, and willful ignorance about what it means to be heating up the planet at the end of the age of oil, it is the Hummer. And if there is one American who is most closely associated with the Hummer, it is Gov. Arnold Schwarzenegger.
So why, in a state whose voters consistently rank environmentalism as one of their most important concerns, is Governor Hummer considered such a lock for reelection? And why haven’t the mainstream media made more of Schwarzenegger’s stubborn refusal to give up the four Hummers he still owns?
For that matter, why is the press overlooking his opposition to Proposition 87 (which would tax oil companies to support research of alternative fuels) and tacit support of Proposition 90 (which would make environmental protection far more costly for governments), both positions on close races that are at odds with environmental groups? Is he really that good an actor?
The visceral response that Hummers elicit from true environmentalists is perhaps best captured on the Web site www.fuh2.com, which has posted thousands of pictures of people flipping off Hummers, what it refers to as “the official Hummer H2 salute.”
The H2 is the slightly less offensive version of the original Hummer, a 10,000-pound monster adapted from the Humvee military vehicle that gets about 10 miles per gallon. The high cost and negative stigma attached to the original Hummer eventually caused sales to lag, and General Motors stopped making them earlier this year.
Schwarzenegger was the first private citizen to own a Hummer, back in 1992, reportedly encouraged American Motors (which GM later bought) to produce them for civilian use, and at one time owned at least seven of them.
Environmentalists have been chiding Schwarzenegger for years to set a good example and get rid of his Hummers, but he has only thrown them a couple of bones: he had GM develop one hydrogen-powered Hummer (at a cost of millions of dollars) and has publicly mused about converting one of his four Hummers to biodiesel, a project he hasn’t yet begun.
At one point Schwarzenegger was rumored to have given up his Hummers. But Schwarzenegger spokesperson Darrell Ng told the Guardian the governor still owns four Hummers, which are now in storage while he drives state vehicles, and that he has no plans to get rid of them. Environmentalists say it is a missed opportunity at a critical juncture in the world’s relationship with oil.
“He could say, ‘I was part of the commercialization of these vehicles, and it was a mistake,’” Bill Allayaud, state legislative director for the Sierra Club, told us. “He could have a press conference and have one of his Hummers crushed or blown up, say these were the products of another era, and it would be a very important symbolic gesture.”
We talked to Allayaud just after Schwarzenegger was elected three years ago, and he was “cautiously optimistic” that the governor would protect the environment. Initially, Allayaud was disappointed: “He vetoed a lot of good bills in those first few years.”
Now, after the governor signed landmark legislation to cut back on greenhouse gas emissions and a few other bills that the Sierra Club supported and made a couple of good appointments to regulatory agencies, Allayaud said, “I feel like we’re right back where we were in 2003, like he might be OK … but what do we get in the second term? It’s anybody’s guess.”
After all, every environmental bill Schwarzenegger signed was someone else’s idea, Allayaud said, and many had to be significantly weakened to gain his support. Schwarzenegger also enraged environmentalists and some lawmakers two weeks after signing the global warming measure by issuing an executive order that seemed to weaken its enforcement provisions.
Schwarzenegger starts to sound like an environmentalist only around election time, his critics say, indicating where he really stands. And so does his choice of vehicles.
“It’s a window into the real Schwarzenegger,” Dan Newman, the spokesperson for challenger Phil Angelides, told us. “It exposes the governor as a complete and utter fraud. Someone with seven Hummers pretending to be an environmentalist is akin to Attila the Hun claiming to be a pacifist.”
Others say “the real Schwarzenegger” is reflected in his positions on Props. 87 and 90.
“It’s a neck and neck race, and the oil companies are pouring unprecedented sums against us, $80 million so far [a figure that had risen to more than $90 million by press time],” said Yusef Robb, communications director for the Yes on 87 campaign. As for Governor Hummer, Robb was critical but diplomatic (noting that Schwarzenegger wasn’t actively campaigning against 87), telling us, “Personally, we think it’s an unfortunate choice of vehicles.”
The Schwarzenegger campaign says he would like to see oil companies pay for alternative energy development, but the measure violates his “no new taxes” pledge.
“The governor is opposed to tax increases. Personally, he opposes the initiative, but he strongly supports its goals,” Schwarzenegger campaign spokesperson Julie Soderlund said.
Apparently, such vague statements of support for good environmental policies are enough for the many daily newspapers that have endorsed him, including the San Francisco Chronicle and San Francisco Examiner. But Chronicle staffers did ask about the Hummers at his endorsement interview, and the paper was apparently satisfied with his answer: “As far as my Hummers are concerned, they are very safely stored in some warehouse garage. I have not had an opportunity to drive them, but I don’t think they are polluting the air or ocean sitting in the garage.”
Allayaud said he prefers to focus on indicators with more direct impact, such as the fact that Schwarzenegger’s best annual rating by the California League of Conservation Voters (the 58 percent he received last year; this year he got a 50 percent) was worse than former Gov. Gray Davis’s worst annual rating (72 percent) — and on Schwarzenegger’s stance on Prop. 90.
“If this is close and we lose it,” Allayaud said of the measure, “it’ll be another thing that he didn’t do.” SFBG

Late breaking news: Just as this story was going to press, Schwarzenegger finally came out with a statement opposing Prop. 90, something he resisted doing until a week before election day when many absentee ballots have already been turned in.

Let us lift a Potrero Hill martini for Thomas Peele of the Contra Costa Times/Singleton papers. He criticized Singleton by name for sealing court records in the Hearst/Singleton antitrust case.

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I’m drinking a Potrero Hill martini in honor of Thomas Peele, the investigative reporter on the Contra Costa Times/Dean Singleton papers.

He did what few editorial staffers do in these dread days of mega media mergers and resulting layoffs: he sharply criticized his new boss in a “guest commentary” column in his own paper, the CCTimes.

He was commenting on the federal court ruling that sealed the records in the Clint Reilly/Joe Alioto antitrust case aimed at breaking up the Hearst/Singleton deal that would destroy daily competiton and impose regional monopoly on the Bay Area.

His lead: “Many believe newspapers are too much of a public trust to act like any other business. Their corporate owners are not among them.” His conclusion: “With his recent acquisitions, Singleton has moved up another notch in his publishing ascent. His friendship with Bush, his considerable wealth, his abundant Texas charm, combine to allow him lead on free-press and freedom-of-information issues through the principles he avows. His position would be stronger if he begins applying those principles to his own company.”

To his credit, Singleton answered Peele’s tough questions and Peele quoted him in the article. And Singleton and the CCTimes and Singleton managers allowed Peele’s piece to run in Sunday’s paper and posted it on the CCTimes website this morning.

Could this ever happen at the Chronicle/Hearst? Well, it won’t happen until the moment Hearst starts allowing its staff to cover such censored stories as the PG@E/RakerAct scandal (a censored story since the late l920s after Hearst got some timely fresh capital from a PG@E-controlled bank in return for flipping on their support of public power (to be laid out in coming blogs). The latest censored Hearst story: the Chronicle still hasn’t published the big Hearst prescription drug price scandal story, which was run as a lead story in the Wall Street Journal, with versions by the Associated Press, the Guardian, and even the Hearst-owned Houston Chronicle. (see previous blogs).

And nobody from Hearst corporate or Hearst San Francisco will answer my email questions as to why the story wasn’t published in the Chronicle and when it would be or provided an explanation for the embarrassing corporate blackout. B3, who can see the fumes from the Potrero Hill power plant from my desk, courtesy of PG@E and Hearst.

P.S. And the Potrero HIll martini? That is a story for another blog.

Freedom of information must be an unwavering principle by Thomas Peele

Dear Jerry Brown: more impertinent questions on the Hearst shenanigans (part 4)

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Followups on Hearst: No word back from the Chronicle on my questions on why they are blacking out the big local story involving three big local players (Hearst, McKesson Corporation, and First DataBank). Let me give you the lead front headline on the Oct. 6 Wall Street Journal story to make the point about what a big big story they are stonewalling on:

“How Quiet Moves by a Publisher Sway Billions in Drug Spending, Lawsuit Forces Hearst Unit To Lower Prices on List Widely Used as Benchmark, A ‘Survey’ of One Company”

Anybody out there annoyed at the ever escalating price of prescription drugs? That is the point. Below are my questions emailed Thursday to the campaign headquarters of Oakland Mayor Jerry Brown, who is the candidate most likely to be the next attorney general (no word back at blogtime).

Fair warning: next week I will start asking similar impertinent questions to the Oakland Tribune, Contra Costa Times, San Jose Mercury News, San Mateo Times, and other Media News Group/Dean Singleton papers that claim, along with Hearst, that they are really aggressively competing away out there even though they have formed what amounts to a regional news monopoply. Have they done the story and if not, when will they? And will they pursue the story as real competitive newspapers once did and as they ought to do again if they want to retain credility and financial viability? Repeating: Where are Justice and Atty. Gen. Bill Lockyer and their antitrust departments.
Take note, Clint Reilly and Joe Alioto, a key part of your antitrust case is being made right here and now. B3

Dear Jerry Brown,

I am requesting some information and answers to questions from you, as a candidate for attorney general, for stories we are doing at the Bay Guardian and for my Bruce blog at sfbg.com.

The Wall Street Journal on Oct. 6, and the Bay Guardian in its current edition, have done stories on a major settlement in which a Hearst subsidiary (First Data Bank in San Bruno) has ” agreed to stop publishing its list of wholesale medicine prices, which numerous critics have blamed for driving up drug costs,” as an AP story in the Houston Chronicle/Hearst puts it. (See story on the link below). Would you as attorney general investigate this issue and determine if it would save health plans $4 billion and if there should be any further action in this case?

Hearst and Singleton interests have, as charged in the Clint Reilly/Joe Alioto antitrust suit, effectively destroyed newspaper competition in the Bay Area and imposed regional monopoly. Would you continue the Lockyer investigation into this case? And/or would you join the suit as a co-plaintiff or an amicus? Thanks very much.

Sincerely, Bruce B. Brugmann (B3)

The first 40

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› bruce@sfbg.com
On Oct. 27, l966, my wife, Jean Dibble, and I and some journalist and literary friends published the first issue of the first alternative paper in the country that was designed expressly to compete with the local monopoly daily combine and offer an alternative voice for an urban community.
We called it the San Francisco Bay Guardian, named after the liberal Manchester Guardian of England, and declared in our statement of intent that the Guardian would be a new model for a big-city paper: we would be independent and locally owned and edited, and we would be alternative to and competitive with the San Francisco Examiner and San Francisco Chronicle, which were published under a joint operating agreement that allowed them to fix prices, pool profits, share markets, and avoid competition.
We stated that “the Guardian is proposed, not as a substitute for the daily press, but as a supplement that can do much that the San Francisco and suburban dailies, with their single ownership, visceral appeal and parochial stance, cannot and will not do.” And we played off the name Guardian by stating that we would be “liberal in assessing the present and past (supporting regional government, nuclear weapons control, welfare legislation, rapid transit, tax reform, consumer protection, planning, judicial review, de-escalation and a promptly negotiated settlement in Vietnam.)” But the Guardian would also be “conservative in preserving tradition (civil liberties and minority rights, natural resources, watersheds, our bay, our hills, our air and water).”
It was rather naive to challenge the Ex-Chron JOA with little more than a good idea and not much money and a wing and a prayer. We had almost no idea of what we were getting into in San Francisco, a venue that Warren Hinckle of Ramparts and many other defunct publications would later describe as the Bermuda Triangle of publishing. But we had, I suppose, the key ingredient of the entrepreneur — the power of ignorance and not knowing any better — and somehow thought that if we could just get a good paper going, the time being l966 and the place being San Francisco and the world being full of possibilities, we would make it, come hell or high water.
Well, after going through hell and high water and endless soap operas for four decades, Jean and I and the hundreds of people who have worked for the Guardian through the years have helped realize the paper’s original vision and created something quite extraordinary: an influential new form of independent alternative journalism that works in the marketplace and provides what little real competition there is to the monopoly dailies. And let me emphasize, the alternatives do not require government-sanctioned JOA monopolies and endless chains and clusters of dailies and the other monopolizing devices that dailies claim they need to survive.
Today I am delighted to report that there are alternative papers competing effectively with their local chains throughout the Bay Area (seven, more than any other region), throughout the state from Chico to San Diego (22, more than any other state), and throughout the nation (126 in 42 states, with a total circulation of 7.5 million, and more coming all the time). There are even cities with two and three competing alternatives, and there are cities where the monopoly daily is forced by the real alternatives to create faux alternatives to try to compete (it doesn’t work). And alas, there is now a Village Voice–New Times chain of 17 papers in major markets, including San Francisco and the East Bay, that is abandoning its alternative roots and moving to ape its daily brethren.
Jean and I met at the University of Nebraska at Lincoln in 1957. Two friends and I were driving around Lincoln one fine spring day, drinking gin and tonics, which were drawn from a tub of gin and tonic that we had mixed up and stashed in the trunk of our car. We happened upon Jean and her younger sister, Catherine, who had come from a Theta sorority function and were standing on a street corner waiting for their mother to pick them up and take them to the Dibble family home in nearby Bennet (population: 412). We stopped, convinced them to ride with us, and got them safely home. They declined our offer of gin and tonics, as did their astonished parents and grandmother when we arrived at the Dibble house.
Jean and I made a good team. We both had small-town Midwestern values and roots in family-owned small-business. Her father owned lumberyards in small towns in southeast Nebraska. Her maternal grandfather founded banks in Kansas and Nebraska and was the state-appointed receiver for failed banks in Kansas during the Depression. Her paternal grandfather owned a grocery store in Topeka, Kan. Jean had the business background and the ability to create a solid start-up plan — she was a graduate of the Harvard-Radcliffe Program in Business Administration and had worked in San Francisco for Matson Navigation as well as Hansell Associates, a personnel firm.
I was the son and grandson of pioneering pharmacists in Rock Rapids, Iowa. (Population: 2,800. Slogan: “Brugmann’s Drugs. Where drugs and gold are fairly sold. Since l902.”) I had the newspaper background, starting at age l2 writing for my hometown Lyon County Reporter (under the third-generation Paul Smith family); going on to the campus paper (which we called the Rag) and then the Lincoln Star (under liberal city editor “Sterl” Earl Dyer and liberal editor Jimmy Lawrence); getting a master’s degree in journalism at Columbia University in New York City; and then working at Stars and Stripes in Korea (dateline: Yongdongpo), the Milwaukee Journal (where I got splendid professional training at one of the top 10 daily papers in the country), and the Redwood City Tribune (where I plowed into some of the juicy Peninsula scandals of the mid-l960s in bay fill, dirt hauling, and the classic Pacific Gas and Electric Co.–Stanford University Linear Accelerator battle). To those who ask how Jean and I have worked together for 40 years, I just say we have complementary abilities: she handles the bank, and I handle PG&E.
Not only did I find my partner at the University of Nebraska, but I also got the inspiration for the Guardian. In fact, I can remember the precise moment of truth that illuminated for me the value of an alternative paper in a city with a monopoly daily press (then, in Lincoln, a JOA between the afternoon Lincoln Journal and the morning Lincoln Star) that was tied into the local power structure, then known as the O Street gang (the local business owners along the downtown thoroughfare O Street). The O Street gang was so quietly powerful that it once decided to fire the Nebraska football coach before anyone bothered to notify the chancellor.
As a liberal Rag editor in the spring of 1955, I had just put out an important front-page story on how one of the most controversial professors on campus, C. Clyde Mitchell, who had been under fire for years from the conservative Farm Bureau and others because of his liberal views on farm policy, was being quietly axed as chair of the agricultural economics department.
We had gotten the tip from one of Mitchell’s students and had confirmed it by talking to professors in his department who had attended the meeting where the quiet firing was announced by Mitchell’s dean. Our lead story was headlined “Ag Ex Chairman Mitchell said relieved of post, outside pressures termed cause.” And I wrote a “demand all the facts” editorial arguing in high tones that “any attempt to make professors fair game for irresponsible charges, any attempt by pressure groups unduly to influence the academic position of university personnel … is an abridgment of the spirit of academic freedom and those principles of free communication protected by the Constitution and the Bill of Rights.” It was a bombshell.
The Lincoln Journal fired back immediately with a classic daily front-page story seeking to “scotch” the nasty rumors started by that pesky Rag on the campus. The story had all the usual recognizable elements: it did not independently investigate, did not quote our story properly, did not call us for comment, took the handout denial from the university public relations office, and put it out without blushing. Bang, that was to be the end of it, on to the next press release from the university.
It made me mad. I knew our story was right, the daily story was wrong, and the story was important and needed to be pursued. And so I stoked up a campaign for the rest of the semester that ultimately emboldened Mitchell to make formal charges that the university had violated his academic freedom. He gave us the scoop for two rousing final editions of the Rag. The proper academic committee investigated and upheld Mitchell but dragged the case out and waited until I graduated to release the report.
Against the power structure and against all odds, Mitchell, the Rag, and I had won the day and an important victory on behalf of academic freedom in a conservative university in a conservative state during the McCarthy era. During this battle I learned how the power structure fights back against aggressive editors. At the height of my campaign defending Mitchell, I was kept out of the Innocents Society, the senior men’s honorary society, although my four subeditors and managers all made it in. The blackball, the campus rumor went, came directly from the regents president, J. Leroy Welch, then president of the Omaha Grain Exchange (known to our readers as the “Old Grain Head”), via the chancellor via the dean of men.
I am forever indebted to them. They taught me at an impressionable age about the power of the alternative press and why it is best exercised by an independent paper on major power structure issues. They also taught me a lot about press freedom, which they were trying to grab from the Rag and me, and how we had to fight back publicly and with gusto.
When Jean and I founded the Guardian, we did so in the spirit of my old Rag campaigns. In fact, we borrowed the line from the old Chicago Times and put it on our masthead: “It is a newspaper’s duty to print the news and raise hell.” We wanted a paper that would be willing and able to do serious watchdog reporting and take on and pursue the big stories and issues that the monopoly dailies ignored — and then were ignored by the radio, television, and mainstream media that take their news and policy cues from the Ex and Chron. In JOA San Francisco that was a lot of stories, from the PG&E Raker Act scandal to the Manhattanization of the city to the theft of the Presidio to the steady conservative downtown drumbeat on such key issues as taxes, social justice, the homeless, privatization, war and peace, and endorsements.
Significantly, because of our independent position and credibility, we were able to lead tough campaigns on public power, kicking PG&E out of a corrupted City Hall and putting a blast of sunlight on local government with the nation’s first and best Sunshine Ordinance and Sunshine Task Force.
Our first big target in our prototype issue was the Ex-Chron JOA agreement, which we portrayed in an editorial cartoon as two gigantic ostrich heads coming out of a single ostrich body, marked in the belly with a huge dollar sign. Our editorial laid out the argument that we have used ever since in covering the local monopoly and in positioning the Guardian as the independent alternative. “What the public now has in San Francisco, as it does in all 55 or so of 1,461 cities with dailies, is a privately owned utility that is constitutionally exempt from public regulation, which would violate freedom of the press. This is bad for the newspaper business and bad for San Francisco.”
The Guardian prospectus, used to raise money for the paper, bravely put forth our position: “A good metropolitan weekly, starting small but speaking with integrity, can soon have influence in inverse proportion to its size. There is nothing stronger in journalism than the force of a good example.”
It concluded, “The Guardian can succeed, despite the galloping contraction of the press in San Francisco, because there are many of us who feel that the newspaper business is a trade worth fighting for. That is what this newspaper is all about.” And we quoted the famous phrase used by Ralph Ingersoll in the prospectus for his famous PM newspaper in New York: “We are against people who push other people around.”
Our journalistic points were embarrassingly timely. A year before the Guardian was launched, Hearst and the Chronicle had formed the JOA with the Examiner and killed daily newspaper competition in San Francisco. The two papers combined all their business operations — one sales force sold ads for both, one print crew handled both editions, one distribution crew handled subscriptions and got both papers out on the streets. The newsrooms were supposedly separate — but as we pointed out over and over at the time and ever after, the papers lacked any economic incentive to compete.
The San Francisco JOA became the largest and most powerful agreement of its kind in the country, and San Francisco was the only top-10 market in the country without daily competition.
This was all grist for the Guardian editorial mills because the JOAs, most notably the recent SF JOA, were in serious legal trouble. The US attorney general was successfully prosecuting a JOA in Tucson, Ariz., claiming the arrangement was a violation of antitrust laws. Naturally, the local papers were blacking out the story. But if the Tucson deal was found to be illegal, the Chron and Ex merger would be illegal too — and the hundreds of millions of dollars the papers were making off the arrangement would be gone.
The JOA publishers, led by Hearst and the Chronicle, quietly started a major lobbying campaign in Washington for emergency passage of a federal law that would retroactively legalize their illegal JOAs. They called it the Newspaper Preservation Act. Meanwhile, the late Al Kihn, a former camera operator for KRON-TV (which was at the time owned by the Chronicle), had prompted the Federal Communications Commission to hold hearings on whether the station’s license should be renewed. His complaint: his former employer was slanting the news on behalf of its corporate interests. We pounced on these stories with relish.
For example, in our May 22, 1969, story “The Dicks from Superchron,” we disclosed how private detectives under hire by the Chronicle were probing Kihn’s private life and seeking to gather adverse information about him to discredit his complaint and to “harass and intimidate him,” as we put it. Later, I found that the Chronicle-KRON had also hired private detectives to get adverse information on me.
I was a suspicious character, I guess, because I had gone to the KRON building to check the station’s public FCC file on the Kihn complaints, the first journalist ever to do so. The way the story came out at a later hearing was that the station’s deputy director left the room as I was going through the records and called Cooper White and Cooper, then the Chronicle’s law firm. An attorney called their investigators, and four cars of detectives were pulled off other jobs and ordered to circle the building until I came out and then follow me when I left the station to return to my South of Market office. They also surveilled me for several months and even sent a detective into the office posing as a freelance writer. (The head of the detective agency and I later became friends, and he volunteered that I was “clean.” He gave me a pillow with a large eye on it that said “You are being watched.” I displayed it proudly in my office.)
Kihn and I were asked to testify before a Senate committee about the Chronicle-KRON’s use of private detectives at hearings on the Newspaper Preservation Act in Washington in June 1969. I took the occasion to call the legislation “the bill for millionaire crybaby publishers.”
I detailed the subsidies in their special interest legislation: “amnesty, immunity from prosecution, monopoly in perpetuity, the legal right to gun down what few competitors remain, and as the maraschino cherry atop this double-decker sundae, anointment as the preservers and saviors of the newspaper business.” And I summed up, “If you plant a flower on University of California property or loose an expletive on Vietnam, the cops are out of the chutes like broncos. But if you are a big publisher and you violate antitrust laws for years and you emasculate your competition with predatory practices and you drive hundreds of newspapers out of business, then you are treated as one of nature’s noble men. And senators will rise like doves on the floor of the US Senate to proffer billion-dollar subsidies.”
After I finished, Sen. Everett Dirksen (R-Illinois) rose as the first dove and characterized my testimony as “quite a dramatic recital” but said that I had not provided a “workable, feasible solution.” Sen. Philip Hart (D-Michigan) recommended that the publishers ought to “read their own editorials and relate them to their business practices.” Morton Mintz, who covered the hearing for the Washington Post, came up and congratulated me. His story, with my picture and much of my testimony, was on the front page of the Post the next day.
Back in San Francisco the Chronicle published a misleading short story in which publisher Charles de Young Thieriot avoided admitting or denying the detective charge and added he had no further comment. Less than a week later, Thieriot wrote the Senate subcommittee and admitted to the charge, saying the use of the detectives was “entirely reasonable and proper.” This statement, which contradicted his statement in his own paper, was not reported in the Chronicle. The “competing” Examiner also reported nothing — neither the original private detective story nor the Washington testimony nor the Thieriot admission.
Nor did either paper report anything about the intensive JOA lobbying campaign headed by Hearst president Richard Berlin, who twice wrote letters to President Richard Nixon threatening the withdrawal of JOA endorsements in the l972 presidential election if he refused to sign the final bill. This episode illustrated in 96-point Tempo Bold the pattern of Ex and Chron suppression and obfuscation they used to advance their corporate agenda at the expense of the public interest and good journalism, all through the years and up to Hearst’s current monopoly maneuvers with Dean Singleton and the Clint Reilly antitrust suit to stop them.
Perhaps the most telling incident came when Nicholas von Hoffman, in his Washington Post column that was regularly run in the Chronicle, called the publishers “as scurvy as the special interests they love to denounce.” He singled out the Examiner and Chronicle publishers, writing that they were “so bad that the best and most reliable periodical in the city is the Bay Guardian, a monthly put out by one man and a bunch of volunteer helpers.” Neither paper would run the column, and neither paper would publish it as an ad, even when we offered cash up front. “The publisher has the right to refuse to run anything he wants, and he doesn’t have to give a reason,” the JOA ad rep told us. The Guardian of course gleefully ran the censored column and the censored ad in our own full-page ad.
On July 25, l970, the day after Nixon signed the Newspaper Preservation Act, the Guardian filed a major antitrust action in San Francisco attacking the constitutionality of the legislation and charging that the Ex-Chron JOA had taken the lion’s share of local print advertising, leaving only crumbs for other print publications in town. We battled on for five years but finally settled because the suit became too expensive. The Examiner and Chronicle continued to black out or marginalize the story, but they and the other JOA papers gave Nixon resounding endorsements in the l972 election even though he was heading toward Watergate and unprecedented disgrace.
Well, in October 2006 the mainstream press is a different creature. Hearst and publisher Dean Singleton are working to destroy daily competition and impose a regional monopoly. The Knight-Ridder chain is no more, and the McClatchy chain has turned the KR remains into what I call Galloping Conglomerati. Even some alternatives, alas, are now getting chained. Craigslist has become a toxic chain. Google, Yahoo!, and Microsoft (known as GYM in the online world) are poised to swoop in on San Francisco and other cities throughout the land to scoop up the local advertising dollars and ship them as fast as possible back to corporate headquarters on a conveyor belt.
I am happy to report on our 40th anniversary that the Guardian is aware of the challenge and is gearing up in the paper and online to compete and endure till the end of time, printing the news and raising hell and forcing the daily papers to scotch the rumors coming from our power structure exposés and our watchdog reporting. The future is still with us and with our special community and critical mission, in print and online. See you next year and for 40 more. SFBG
STOP THE PRESSES: As G.W. Schulz discloses in “A Tough Pill to Swallow,” (a) Hearst Corp. was fined $4 million in 200l by the Justice Department for failing to turn over key documents during its monopoly move to purchase a medical publishing subsidiary, the highest premerger antitrust fine in US history, according to a Justice Department press release; (b) Hearst was also forced by the the Federal Trade Commission to unload the subsidiary to break up its monopoly and disgorge $l9 million in profits generated during its ownership; (c) Hearst-owned First DataBank in San Bruno was alleged in the summer of 2005 to have inflated drug costs by upward of $7 billion by wrongly presenting drug prices, according to a lawsuit reported in a damning lead story in the Oct. 6 Wall Street Journal. Hearst blacked out the stories. And the Dean Singleton chain circling the Bay Area hasn’t pounced on the stories as real daily competitors used to do with fervor.
STOP THE PRESSES 2: SOS alert to the city and business desks of the “competing” Hearst and Singleton papers: here are the links to the key documents cited in our stories, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

Or you can read the Guardian each week in print or online.

Politics, beauty, and hope in the Guardian’s arts pages


Forty years of fighting urbicide — and promoting a very different vision of a city

Ex-pats Beware!

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by Amanda Witherell

The New York Times reported on Wednesday that software is being developed to scan overseas newspapers for content critical of the United States. You can read more here. How long do you think we have until the CIA integrates the new technology into its domestic survellience arsenal?

Writing wrongs

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› a&eletters@sfbg.com
If there’s one person you would expect to condemn the present state of America’s political affairs, it would be Billy Bragg, right? Surely Britain’s punk poet laureate should be grabbing every microphone within reaching distance to decry the evils of our current administration. But surprisingly, his reaction is quite the opposite. “I’m encouraged by the results of the last two elections, because I believe that America has not yet decided what kind of country it’s going to be in the 21st century,” he says on the phone from Winnepeg.
Bragg is currently on a bit of a multitasking tour to showcase his two latest works: Volume II (YepRoc), a box set, and The Progressive Patriot, a book. While Volume II is an expected retrospective that covers the second half of Bragg’s career from 1988 onward, The Progressive Patriot is uncharted territory for the singer-songwriter, a treatise that addresses Britain’s national identity, the emergence of organized racism, and the political road that weaves between the two.
Much as in Britain, Bragg sees battles of ideology as a key proving ground in the future of our country and agrees with the concept of “two Americas” as it pertains to the states’ political climate. “On one hand you’ve got the neoconservative Christian right, who are getting everybody to vote and still can’t get a majority,” he says, “and on the other side you’ve got the more compassionate idea of America as a multicultural society, which just can’t get everybody to vote.” Yet as bleak and insurmountable a problem as this may seem, Bragg takes the long view. “I’m in a fortunate position. I have the opportunity to travel around and meet people trying to manifest that ‘other’ America. Reading local newspapers in America, you see all sorts of things that are going completely against the neoconservative agenda in some states.” Volume II picks up at a crucial period of Bragg’s career, kicking off with his 1988 release, Workers Playtime (Go! Discs/Elektra). The album marked Bragg’s transition from punk iconoclast to, as he would later affectionately come to be known, the “Bard from Barking.” Instead of using just his guitar and a portable amp as on his earlier recordings, Bragg included bits of orchestration on Workers, plus a band to accompany his songs of law, love, and everything in between. “The album of lost love. It’s my great lost soul album!” he says with a wistful chuckle.
At the heart of that bittersweet collection is the amazing “Valentine’s Day Is Over,” a woman’s lament over her lover, rough economic times, and the beatings that result. “That economy and brutality are related / Now I understand,” the protagonist explains wearily. Bragg feels a particular satisfaction with that song and the topics it tackles. “I often cite that as the ideal Billy Bragg song because politics and ‘the love song’ overlap in that song. It’s a really hard thing to do, rather than being a ‘love song writer’ or a ‘political song writer.’ I hate it when people divide those two. Life isn’t divided like that.”
The ever-encircled worlds of life and politics also led Bragg to write the new book, with the ideas spurred by everything from recent elections in his hometown to raising his young son. “A far-right political party called the BNP earned a seat on the council in my hometown of Barking, East London,” the songwriter says. “That was a real shock to me because these were the people that I came into politics fighting. I realized that it needed something more than just writing a song.” Being a father further drives his desire for intelligent debate around the future of his country. His concerns about nationalism are expressed in the interest of cohesion, not the racist ideal of exclusion. He explains, “I’m interested to hear your background, but what is important to me is how my children and your children are going to get on with each other. Everything else is secondary to that.”
As you might expect, Bragg’s MySpace page also bears the mark of his beliefs and ideas. It also contains his songs: items that were conspicuously absent during his recent showdown with the networking Web site. Having successfully lobbied MySpace to retool their artist agreement so that the site doesn’t “own” any artist’s uploaded content, Bragg is now taking on MTV Flux, another networking site that features an upload ability similar to YouTube. A video featuring his challenge to Flux dots the page, along with archival footage of him at various events, such as a concert in Washington, DC, in 2002. That day he addressed the crowd and warned them of a greater looming evil — not of conservatives or imperialism but of cynicism.
He still stands behind that message. “I know from personal experience that cynicism eats away your soul,” Bragg says. “God knows Tony Blair’s been spreading cynicism around for the last few years. I’ve had to fight my own.” SFBG
BILLY BRAGG
Thurs/5, 8 and 10:30 p.m.
Great American Music Hall
859 O’Farrell, SF
$30–$35
(415) 885-0750
HARDLY STRICTLY
BLUEGRASS FESTIVAL
Sat/7, 4:40 p.m.
Speedway Meadow
Golden Gate Park, SF
Free
www.hardlystrictlybluegrass.com

Josh’s going-back-to-jail party at Crash

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On the eve of Josh Wolf going to jail, and on the eve of Chronicle reporters Lance Williams and Mark Fainaru-Wada facing yet another federal decision moving them ever closer to jail, I was honored to be the lead speaker at the fundraiser and going-back-to-jail party for Josh last night at Crash, a club on Mason Street in San Francisco.

I made two major points: first, that this was the only city in the country to my knowledge that had three reporters who were in jail or heading to jail, on orders from Washington, for failing to produce sources and material in federal cases. This was no mistake. This was a direct hit at San Francisco, the country’s leading city for dissent and anti-war movements for decades, and came down directly from the Bush Administration and its PATRIOT Act politics as a way to scare the city and put its dissenters on notice.

My second point was that I was speaking as a member of many journalism organizations (from the Society of Professional Journalists, which has already contributed $30,000 to Josh’s defense, to the California First Amendment Coalition to the California Newspaper Publishers Association to international groups from the InterAmerican Press Association to the World Association of Newspapers to the International Press Institute) and that these professional organizations either are or would be in solidarity on this common ground journalism/public service issue. They could be counted on. But the Josh Wolf case was different because he was a lone freelance video photographer, without a news organization and attorneys behind him, and he looked like easy prey for the local cops and the feds.

That, I noted, was what was so important about the Crash event and the emerging Josh brigade. The event was lively, well attended, lots of fun, and demonstrated that a freelancer who stands tall, as Josh is doing, can build a strong grassroots constituency capable of mobilizing sustained resistance.

The real outrage is that the local cops turned Josh’s case over to the feds and gave them another timely target for Bush in San Francisco. And the cops did so secretly and unilaterally, without going to the mayor, to the supervisors, to the district attorney, to the Police Commission. The cops who are fighting like hell to keep beat patrolmen out of the neighborhoods and were happy to invite the feds to come to town and rough up our press and our public on their behalf. At minimum, that move demands public hearings by the supervisors to determine how this happened and what can be done to see that it never happens again.

Today’s Chronicle blaring front page head said: “SILENCE MEANS PRISON, JUDGE TELLS REPORTERS” No, silence in this case for these three reporters means principle and honor and holding your ground under fire. There is no principle or honor for the people in Washington who are working overtime to put in jail three reporters who were doing their job at this critical moment in the City and County of San Francisco.

Judge seals file in MediaNews trial

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Some documents to be kept under wraps in suit claiming purchase of Times, Mercury News creates local monopoly

To the good: this is not a Bruce Blog head. This is the head and subhead on a surprisingly good story by George Avalos in today’s Contra Costa Times that gives some indication that the old Knight-Ridder fighting spirit on public access and accountability is still in play despite the new ownership of MediaNews Group/Dean Singleton.

More to the good: the story, unlike the Chronicle/Hearst coverage, lays out one of the key points of the Clint Reilly/Joe Alioto antitrust suit: that, as the lead says, “a wide range of documents could be kept secret in a lawsuit involving a realty executive and the owner of most of the Bay Area’s newspapers, including the Times.” Still more: the ruling by a federal judge “enables the parties in the suit, including defendants MediaNews, Hearst, Gannett Co., Stephens Group Inc, and a partnership of several of the newspaper companies, to keep numerous documents confidential and free from public scrutiny.” And Avalos got a key point into his story with a quote from Reilly attorney Daniel Shulman: “Newspapers believe the public should know about everything, unless it is information about newspapers.”

To the bad: Avalos allowed Media News/Dean Singleton to put its position in the story via an anonymous “representative for one of the newspaper companies that are defendants in the lawsuit.” This anonymous source put forth without gulping the monopoly boilerplate position: gosh, golly, gee, “the newspaper companies could be hurt competitively if some of the information is released to the public.”

Unsolicited advice to reporters and editors who have the uneviable task of covering the monopolizing moves of their monopolizing superiors: Do not let them get away with anonymous quotes from anonymous executives. Tell them to speak by name and title or the Bruce Blog will get them.

The critical point: there is a big difference between sealing records in a standard civil lawsuit between two competing companies and sealing records in a lawsuit that aims to, as Avalos rightly puts it, “derail and unravel the MediaNews Group purchases of the newspapers” and stop MediaNews from wielding “monopoly power over the Bay Area newspaper market.”

The Galloping Conglomerati, as I call them, already operate in effect unregulated public utilities, because of their monopoly positions in their (mostly) one newspaper towns. And, unlike PG@E and other utilities, they are exempt from public regulation because of the First Amendment. Now they are quietly seeking to lock up the area for good and impose in effect a regional unregulated public utility under one partnership on the entire Bay Area. This is heavy stuff and every major development in this saga ought to be on the front page of every paper and lead the broadcast news of every station in the Bay Area.

Go, Clint, go!!! B3, still blogging away on behalf of independent and competitive journalism

Contra Costa Times