EXEC SUMMARY: Hey there, this is Oliver Darcy... Some news: It's Brian Stelter's birthday 🎂! And I have a gift for him. For his birthday, I will be handing Stelter back custody of this newsletter! It's been a pleasure being your host over the last few weeks, but from here on out, Stelter will be back taking the lead...
Now, with that housekeeping note out of the way, scroll down for WaPo's full-page editorial, CNN's climate town hall schedule, and a sneak peek at CPJ's new report on online harassment. But first...
White House loses press battle... again
| | Two times in the past ten months, the White House has tried to strip press passes from White House reporters. Both times, the administration has lost in court.
First was Jim Acosta, who prevailed in court last November after the W.H. stripped him of his hard pass without warning. And on Tuesday it was Playboy columnist Brian Karem, who emerged victorious after Stephanie Grisham suspended his credentials for 30 days over his Rose Garden spat with Sebastian Gorka.
The cases weren't exactly the same. Acosta and Karem report on the White House differently, to name one. Karem is much more opinionated. But at the core of each case were similar elements: Questions of due process and First Amendment protections. The courts keep siding with the press over the president...
What the judge ruled
One of the key elements of both the Acosta case and the Karem case was the issue of due process. With Acosta, the White House revoked his press pass without any prior warning, allowing CNN to argue in court that his right to due process had been violated.
But the Karem case was slightly different. Grisham first issued a "preliminary decision," allowing Karem to appeal it. After he had done so, she only then made her decision final. The process, put in place after the White House was defeated in the Acosta case, offered a smidgen -- or at least the illusion -- of due process.
But it still was not enough. Judge Rudolph Contreras said in his ruling that Karem had "shown that he was likely to succeed" on his claim that his due process rights had been violated. Contreras explained that Grisham "failed to provide fair notice of the fact that a hard pass could be suspended" under the circumstances that they were. Contreras added in his decision that Karem had shown "that even the temporary suspension of his pass inflicts irreparable harm on his First Amendment rights." Here's my full story with Katelyn Polantz breaking Tuesday's ruling down... Grisham: "We disagree with the decision"
To no one's surprise, Grisham said in a statement that the White House "disagree[d] with the decision." Grisham argued that the decision "essentially gives free reign to members of the press to engage in unprofessional, disruptive conduct at the White House." She added that Karem "clearly breached well-understood norms of professional conduct."
>> BUT, she did not say that the government would appeal...
>> Point from Maggie Haberman: "Don't remember a statement from this White House before citing norms as something to uphold."
Karem says he'll be at White House Wednesday
I spoke to Karem by phone after the decision was handed down... He told me he planned to be at the White House first thing Wednesday morning. Speaking of the judge's decision, Karem said, "It's good for me, but it's great for the free press. Today was about all of us."
That was a point Karem reiterated a few times in our conversation. "It'd never been about me," he said. "The President of the United States declares us enemy of the people. He's declared war on the press. He's fighting this war on many fronts. And we have to push back when it is appropriate to do so."
WHCA says it's "gratified," but adds "everyone should conduct themselves professionally"
Karem's case has put the WHCA in a tricky situation. On one hand, the organization obviously wants to forcefully defend access to the White House. On the other hand, it probably doesn't want to endorse the behavior Karem displayed in the Rose Garden. That tension played out in the statement the group released Tuesday.
"The WHCA is gratified the U.S. District Court of the District of Columbia acted to uphold the due process rights of one of our members," WHCA President Jon Karl said. "The WHCA will continue to advocate for the rights of our members and against actions by the government that would have a chilling effect on journalism protected by the First Amendment." But Karl added, "As we have said repeatedly, we believe everyone should conduct themselves professionally at the White House."
Where does this go from here?
As Katelyn Polantz noted in our story, the DOJ could appeal the ruling. Or it could continue to press the lawsuit in Contreras' court, despite the steep uphill battle it would face...
FOR THE RECORD, PART ONE
-- Margaret Sullivan's newest column: Trump's attacks on the news media "erode the bedrock democratic idea that there is a common set of facts underlying our politics..." (WaPo)
-- The left-leaning group Democracy Forward has asked the Treasury Department to "probe department coziness" with Fox... (Daily Beast)
-- The NYT has dropped its sponsorship of a major oil conference after "pressure from climate activists." A spokesperson said, "We want there to be no question of our independence or even the potential appearance of a conflict of interest..." (The Guardian)
-- Erik Wemple wrote about how Fox "secures audience by bashing and discrediting so-called liberal media outlets, except on the quite frequent occasions when they publish accountability stories about Democrats..." (WaPo)
-- Oops! Jeanine Pirro admitted on a hot mic that she really was suspended by Fox last March, something Stelter reported at the time but Fox never confirmed... (Media Matters)
-- BlazeTV has inked a deal with Dave Rubin. As part of it, the conservative media outlet will get access to Rubin's entire catalogue of videos, and Rubin will do two specials a year... (TheBlaze)
-- Right-wing personalties spent the day lashing out at Walmart after the store announced a new firearms policy... (Media Matters)
Julie K. Brown is writing a Jeffrey Epstein book
"HarperCollins announced Tuesday that it has acquired the world rights to Julie K. Brown's upcoming book on the Jeffrey Epstein story," the Miami Herald reports. Liate Stehlik, president and publisher of William Morrow Group, says her reporting "has, rightfully, mesmerized America and the world. With this book, readers will finally have access to the whole truth behind this tragic scandal..."
EXCLUSIVE
Sorry, Mr. Trump: Telemundo's new documentary
On Wednesday NBCUniversal Telemundo Enterprises is announcing Telemundo's upcoming broadcast of a new documentary, "MÃster Trump, disculpe las molestias," translated to "Mr. Trump, sorry for the inconvenience."
In the doc, Spanish journalist Jordi Évole "travels across the United States to gauge the impact Trump's presidency has had on Latinos," according to the network. "Through the voices of ordinary citizens, celebrities and other prominent figures (including Bernie Sanders, Jose Diaz Balart and Jorge Ramos), Évole reveals the hopes, convictions and contradictions of today's Latino community." It's airing on Sunday, September 29...
Bloomberg publishes misleading story on Trump Labor Department official
Bloomberg Law published a highly misleading story Tuesday about Trump Labor Department official Leif Olson. The story, written by reporter Ben Penn, characterized a pair of 2016 Facebook posts from Olson as "anti-Semitic." The problem? The posts were dripping in sarcasm and clearly intended to mock actual anti-Semites.
But the sarcasm was apparently lost on Bloomberg Law. The publication approached the Department of Labor and White House about the Facebook posts. Soon after, it received word that Olson had resigned. The story ignited uproar across the political spectrum, given how insanely awful the Bloomberg Law story was.
...and bizarrely stands by it
I reached out to a Bloomberg Law spokesperson to see if the outlet was standing by Penn's story. A spokesperson said indeed, it was. "We stand behind our reporting," the spokesperson said. Uhh, what? Really?
The spokesperson said, "We contacted the White House and the Department of Labor asking for comment on Mr. Olson's Facebook posts. Within four hours, the Department of Labor responded that Mr. Olson had resigned."
That might be true, but how did Bloomberg Law characterize the Facebook posts when it requested comment from the Labor Department and White House? When WaPo's Erik Wemple provided context to the Anti-Defamation League, which initially was quoted in the the story calling the comments anti-Semitic, the group effectively walked back its comments. The ADL said it "accept[ed]" the explanation that the posts were sarcastic in nature...
"Maybe the toughest interview I have ever done"
Images showing the devastation Hurricane Dorian inflicted on the Bahamas played a central part in news coverage on Tuesday, airing in loops on news networks. Aerial video showed debris from houses obliterated by the storm which wreaked havoc after making landfall as a monster Cat 5 hurricane.
The storm's death toll stands at seven, but is expected to rise. CNN's Patrick Oppmann interviewed a man who told him that he had lost everything, including his wife who drowned in their house. Oppmann said afterward it was "maybe the toughest interview I have ever done..."
WaPo editorial board's message to McConnell
The Washington Post has a message for Mitch McConnell in Wednesday's print edition. It comes in the form of a very rare full-page editorial titled, "Do something, Mr. McConnell." The editors say that "when the Senate returns from its Labor Day recess, it must act on guns." | | The editorial describes "America's gun insanity" and lists the names of mass shooting victims. And it asks: "Would any volume of bloodshed convince the Kentucky Republican that Congress faces a moral imperative to act?"
>> Yashar Ali's reaction: "This stuff just doesn't matter anymore. There's an argument to be made that McConnell thrives on this sort of opposition..."
FIRST LOOK
CPJ's new report regarding online harassment
Brian Stelter emails: On Wednesday the Committee to Protect Journalists will be releasing an important report examining online harassment as an emerging threat to press freedom. The group will also be sharing a safety kit for journalists. It will be live after 9am ET Wednesday at this link.
In interviews for the report, "journalists described a tension between needing to be on social media for work purposes, and having to prepare and protect themselves from harmful, almost inevitable, online harassment." Kudos for CPJ for steering a conversation about this topic...
States prepare antitrust probe of Google
"More than half of the country's state attorneys general are readying an antitrust investigation into Google's advertising practices, with an announcement of the probe set for next week in Washington," Brian Fung reported for CNN. "The announcement is expected to be made on September 9 near the US Supreme Court." The news was first reported by WaPo's Tony Romm.
>> Key point from Fung: "While the announcement will focus on Google, other companies could be drawn in by the states — either as targets of other investigations or to serve as effective witnesses..."
YouTube took down 5x more hate speech in Q2
Kaya Yurieff emails: YouTube said Tuesday that it had removed more than 100,000 videos and over 17,000 channels for violating its hate speech rules in April through June, which is five times more than it removed in the previous three months. It also took down over 500 million comments over hate speech.
YouTube said the increase is due to its updated its hate speech policy in June, which includes a ban on supremacist content and the removal of videos that deny well-documented atrocities such as the Holocaust.
BUT...
Yurieff adds: Even with the new policy, YouTube has not removed channels belonging to prominent purveyors of hate, such as white supremacist Richard Spencer and former KKK leader David Duke. In the last week, YouTube has also walked back its removal of several channels with white nationalist views, including Vdare and the Iconoclast. YouTube did not give a clear explanation as to why it flip flopped and reinstated these channels...
| | What Mattis is, and isn't, saying
James Mattis's "Call Sign Chaos" is holding onto the top spot on Amazon's best seller list. Interview by interview, he is sharing more and more of his differences with POTUS. With Margaret Hoover on "Firing Line," he said it's "never" okay to label political opponents as "enemies." Mediaite has the clip here.
CNN's Christiane Amanpour pressed Mattis about why he has chosen not to speak candidly about his time in the Trump admin. Here's a recap of the interview...
WSJ's new podcast is out of beta
Kerry Flynn writes: The Wall Street Journal, in production with Spotify's Gimlet Media, started testing a news podcast "The Journal." (yes, with a period) back in June. As of Monday, the podcast is now every weekday. While the NYT's "The Daily" drops in the morning, WSJ's "The Journal." goes up around 4pm. Tuesday's 19-minute episode featured Gerald Seib's interview with the aforementioned James Mattis...
FOR THE RECORD, PART TWO
-- Well, we'll see! Joe Biden "says verbal slip-ups don't undermine his judgment..." (NPR)
-- "The Gospel According to Marianne Williamson" is Taffy Brodesser-Akner's newest must-read... (NYT)
-- Hoda Kotb returned to "Today" on Tuesday... There was a marching band... (CNN)
-- Kat Downs Mulder, VP of product, is joining the WaPo masthead. Of note: Since Fred Ryan "became publisher in 2014, 10 new positions have been added to the Post's masthead, 9 of which are currently occupied by women..." (Axios)
-- Celebrity book clubs are "increasingly seen as a ticket to success" in the publishing biz, Lynn Neary reports... (NPR)
The significance of John Stankey's promotion
Brian Stelter writes: AT&T announced two promotions on Tuesday that place John Stankey, the CEO of WarnerMedia, firmly in line to succeed Randall Stephenson. On October 1 Stankey will become president and COO of the entire company. The communications and advertising units will now report to him. At the same time, Stankey will remain the head of WarnerMedia, the entertainment and news unit that includes CNN.
>> Background: Stankey, 56, who has worked at AT&T for more than three decades, was already seen as a likely contender to take over for Stephenson, 59. Another contender was John Donovan, head of the AT&T Communications unit, but Donovan announced his retirement last week. Jeff McElfresh will take over that unit, reporting to Stankey. Read on...
WEDNESDAY PLANNER
-- CNN's first-of-its-kind evening of climate crisis town halls begins at 5pm ET... Here's the entire schedule...
-- Bernie Sanders will be back on "The View," part of the talk show's fall premiere week...
-- Joe Biden is on "The Late Show" with Stephen Colbert...
The New Yorker moves subcontractors to staff
Kerry Flynn writes: Condé Nast's New Yorker has hired its former subcontractors, previously employed by Global Employment Solutions, as employees. Bloomberg first reported the news that affected fact-checkers and other editorial members. Tweets from the New Yorker union says this change affected around 20% of the union and that the union also won cost-of-living raises for union members.
A Condé Nast' spokesperson told Bloomberg employment status for subcontractors was being considered prior to the New Yorker unionizing in 2018. The NewsGuild said it's pushing for Condé Nast's Pitchfork and the Los Angeles Times to make the same change...
FOR THE RECORD, PART THREE
By Kerry Flynn:
-- ProPublica has opened applications for its Local Reporting Network, helping reporters at seven local newsrooms spend one year on an investigative project... (ProPublica)
-- The NFL launched a TikTok account, where it will share game highlights and behind-the-scenes footage. The league is currently running a marketing campaign on the app, encouraging TikTok users to post about their fandom with the hashtag #WeReady... (CNBC)
-- TIME prez Keith Grossman announced four appointments in sales and marketing, including former Bloomberg exec Viktoria Degtar joining as chief revenue officer... (TIME)
-- Piya Sinha-Roy is joining THR as senior film editor... (THR)
-- Noah Kulwin is joining The Outline as future editor... (Twitter)
-- Carleton English is joining The Information to cover Wall Street... (Twitter)
Editor and Publisher's new owner
One more news item from Kerry: Media consultant Mike Blinder is the new owner of trade magazine Editor & Publisher. The publication, which Blinder acquired from Duncan McIntosh Company, is now operating under a new company called Curated Experiences Group. Blinder told me he plans to acquire more publications and digital products to operate under his new company.
For E&P, he wants to expand the publication's coverage areas to include all news publishers, not just newspapers, and have it be a source on how to create content, build audiences and better monetize. Blinder said, "The [media] industry has been good to me. I'm 62, and I want to support the industry. I'm very upset right now when I hear things like the media is the enemy of the people and fake news."
TIME covers for Atwood, Jordan, Murphy
Per TIME PR: "For this week's cover package, TIME releases its Fall Arts Preview, which highlights the most anticipated titles in film, television and books and features profiles and separate TIME covers of author Margaret Atwood, actor Michael B. Jordan, and director Ryan Murphy:" | | Atwood talked about "The Testaments," out next Tuesday...
Jordan talked about WarnerMedia "working with him and his team to develop a diversity standard policy to be used across projects company-wide..." He said "hopefully, it's going to set precedents across the board—other studios, other production companies want to get in on the same wave."
And Murphy talked about his TV empire: "Everything I'm working on is about one idea — taking marginalized characters and putting them in the leading story."
Some of Murphy's plans
THR notes that Murphy used the TIME story to reveal some of his forthcoming projects for Netflix. "The prolific producer is prepping a 10-episode A Chorus Line miniseries and a limited drama about Halston, with Ewan McGregor set to play the designer," Lesley Goldberg writes. "On the documentary side, Murphy is readying a 10-part series about artist Andy Warhol and more..."
FOR THE RECORD, PART FOUR
-- Casey Newton's latest: "At this stage in its evolution, YouTube in some ways resembles a nation-state. But it lacks one of a state's most essential features: a legitimate justice system. There is almost no way in which, on a decision-by-decision basis, the hard-working folks at YouTube are truly accountable..." (The Interface)
-- "Apple has its first, well, bad apple," Lesley Goldberg writes. "'Bastards,' the eight-episode project starring Richard Gere and based on the dark Israeli drama, will not move forward at the iPhone maker's forthcoming streaming service..." (THR)
-- Ad sales world veteran Kim Kelleher is AMC Networks' new president of ad sales and partnerships, Brian Steinberg reports... (Variety)
-- Natalie Weiner's profile of The Highwomen: "A new supergroup — Brandi Carlile, Amanda Shires, Maren Morris and Natalie Hemby — is making music with a mission..." (NYT)
| | Lizzo hits No. 1 on the Billboard Hot 100
"Almost exactly two years after it was first released, Lizzo's 'Truth Hurts' has risen all the way to the top of the Hot 100, becoming the exceptionally rare success that hits its stride long after it was initially given to fans," Hugh McIntyre writes for Forbes.
This is "the latest example of Lizzo's rapidly rising star power," CNN's Whitney Friedlander writes...
| | 'It Chapter Two' doesn't know when to close the book
Brian Lowry emails: "It Chapter Two" figures to be a major hit, providing an early boost to the fall box-office. But by running close to three hours, the second half of this Stephen King adaptation somewhat undermines its stronger elements, in a way that didn't float my boat nearly as well as the opening chapter. Read Lowry's full review...
>> One more point from Lowry: As a footnote, "Chapter Two" is sort of the perfect movie to sum up the disparity between the review-aggregation sites Rotten Tomatoes and Metacritic, where the the mild thumbs up votes for the movie register considerably higher on the former than the more nuanced ratings system employed by the latter...
'Wu-Tang: An American Saga' joins wave of authorized musical bios
Lowry emails: "Wu-Tang: An American Saga" joins the latest wave of musical biographies — see "Bohemian Rhapsody" and "Rocketman" — that are authorized, produced or otherwise blessed by the artists involved. But at 10 parts, this Hulu limited series represents an inordinately expansive approach and time commitment. Read Lowry's full review...
Kristen Stewart says she was told not to hold hands with her girlfriend in public
Marianne Garvey emails: Kristen Stewart says she won't divulge her sexual orientation, but that she's been told that if she continues to show PDA with women for the paparazzi, she's going to lose out on some major roles. "I have fully been told, 'If you just like do yourself a favor, and don't go out holding your girlfriend's hand in public, you might get a Marvel movie,'" she said. "I don't want to work with people like that."
| | | Stelter will be resuming his newsletter duties on Wednesday... Until next time, you can find me on Twitter or shoot me an email! | | | |
