Filak-isms

Tell me how to help people with money I might not actually get: A look at the Anthropic AI lawsuit and its $1.5 billion settlement

As if this semester hasn’t been weird enough, I got this email from a colleague on Monday:

In case you hadn’t seen this, Anthropic is being sued for copyright infringement.  Two of your books were swept up by them, and you are entitled to file a claim for damages: https://www.anthropiccopyrightsettlement.com/ 

 

Abiding by the “if your mother says she loves you, go check it out rule,”  I did a search on the site and found that he was right.

I’m honored that someone considers my work worthy of theft…

It’s Doctor of Paper 2, AI Pirates 0, apparently:

In one of the largest copyright settlements involving generative artificial intelligence, Anthropic AI, a leading company in the generative AI space, has agreed to pay $1.5 billion to settle a copyright infringement lawsuit brought by a group of authors.

<SNIP>

The settlement, which U.S. Senior District Judge William Alsup in San Francisco will consider approving next week, is in a case that involved the first substantive decision on how fair use applies to generative AI systems. It also suggests an inflection point in the ongoing legal fights between the creative industries and the AI companies accused of illegally using artistic works to train the large language models that underpin their widely-used AI systems.

 

BACKGROUND: Anthropic trained its AI using a ton of content, including a boatload of books and other copyrighted material. In the case of things that were open to the public or properly purchased, this was apparently fine, based on the “fair use” doctrine associated with copyright.

The argument the lawyers for Anthropic made was that the training of AI on these books was a transformative effort, meaning that the books themselves were changed into something else entirely through this process. Transformative acts have often been protected as fair use for years and it’s why Google could digitize books as part of a search-engine service and Andy Warhol could present Campbell’s soup cans to the world.

(It’s also why Roy Orbison is likely spinning in his grave over 2 Live Crew’s version of “Oh, Pretty Woman” or why we get thumbnail images before clicking on a link to visit “Perfect 10” magazine, so maybe it hasn’t always been the greatest of things… )

That worked for a lot of the content they fed the AI beast, but unfortunately some of the stuff they fed it came from sites that pirated copies of texts:

(The judge) also found that Anthropic had illegally acquired millions of books through online libraries like Library Genesis and Pirate Library Mirror that many tech companies have used to supplement the huge amounts of digital text needed to train A.I. technologies. When Anthropic downloaded these libraries, the judge ruled, its executives knew they contained pirated books.

Anthropic could have purchased the books from many sellers, the judge said, but instead preferred to “steal” them to avoid what the company’s chief executive, Dario Amodei, called “legal/practice/business slog” in court documents. Companies and individuals who willfully infringe on copyright can face significantly higher damages — up to $150,000 per work — than those who are not aware they are breaking the law.

 

If this dude thought getting the books the legal way was a “slog,” he should try writing a book once…

In any case, I reached out to Sage and they are on this, noting I should be getting a letter or email from them to explain what to do and how to fill out a claim form. News stories noted that authors could get up to $3,000 per text, but I’m pretty darned certain there’s no way I’m getting that.

Sage is really the aggrieved party in this, given that the folks there put in the “slog” to get this book built, shipped, marketed and in the stores in time for the Christmas rush. There’s a mention of royalty percentages, so I might get like 5-10% or whatever of whatever the actual amount is. Then again, I might get nothing.

That said, let’s do the thing we all do when we buy that Mega-Millions ticket: Plan to spend money we might never get…

FUN WITH MONEY: As I noted on the “About” page, comedian John Oliver is my spirit guide in everything I do here. One of the things I love most about “Last Week Tonight” is when Oliver does something incredibly weird to sponsor something he finds particularly important.

It’s why he bought Russell Crowe’s leather jockstrap from the movie “Cinderella Man” and stationed it in one of the last remaining Blockbuster Video stores in the country. It’s why he wrote a book about Vice President Mike Pence’s pet rabbit (Marlon Bundo) and turned it into a fundraiser for the Trevor Project and AIDS United. He even managed to buy the website “John Oliver’s Junk” and use it for an auction that raised more than $1.5 million to support public broadcasting.

I’m sure I lack that kind of star power and I might end up getting $50 and a ham sandwich out of this, at best. Still, not for nothing, but Oliver’s weird fundraising efforts got a Koala Chlamydia Ward named after him, so let’s reach for the stars on this one…

Here’s the deal: Whatever I get, I’ll see if Sage would be willing to match it. Then, whatever we scrape together, we’re gonna do something with it that you think is fun, weird, good or all three and more.

Either post below or use the contact form on the website to tell me what you want me to do with my pirate’s booty, whatever of that I actually get.

A few thoughts came to mind already:

Honestly, it could be anything, or nothing if we get shut out. The point is, let’s plan to do something to commemorate this one time where the words “Vince Filak” and “lawsuit” is a cause for celebration, as we make a point to help someone or something important in a random and oblique way.

Thanks for reading as always.

Vince (a.k.a. The Doctor of Paper)

It’s time for some unpleasant honesty for journalism folks based on the Olivia Nuzzi/Ryan Lizza/RFK Jr. debacle

Believe it or not, this post is still up on Olivia Nuzzi’s X account… 

THE LEAD: As much as I wished this weren’t the case, we aren’t finished learning all the lurid details of the Olivia Nuzzi/Ryan Lizza/RFK Jr. debacle: 

Robert F. Kennedy Jr. wrote disgraced political reporter Olivia Nuzzi an outrageously raunchy “poem,” which was dramatically revealed by her ex-fiancé and reporter Ryan Lizza in the second part of his series exposing the secrets of his ethics-challenged ex.

“Yr open mouth awaiting my harvest,” Kennedy Jr., the current Secretary of Health and Human Services, wrote to Nuzzi in undated texts recounted by Lizza in a piece published on his Substack early Saturday.

The poem was included in Lizza’s second part of his series about the affair between his former fiancee and the current Health and Human Services secretary. The post titled “Part 2: She did it again” is available on Lizza’s Substack.

I’m not linking to it here for three specific reasons:

  1. The piece is behind a paywall and I can’t in good conscience promote this as journalism or something worth spending $10 on. I would rather set fire to a ten dollar bill than pay for whatever the hell is back there.
  2. The teaser paragraphs alone introduced enough “explicit content” that would have my editors at Sage literally having aneurysms.
  3. My mother reads this blog and I don’t know what would be worse if she clicked that link: Having her asking me what certain sexual terms Lizza uses mean or having her tell tell me she completely understood everything and didn’t need a translator.

    Either way, it’d feel like this:

 

THE BACKGROUND: Oh, hell, where to begin?

Nuzzi was booted from her job with New York magazine after her “inappropriate relationship” with RFK Jr. came to light. Nuzzi had written a glowing profile of the Kennedy offspring, while also finding herself infatuated with him to the point of having a long-distance-messaging-with-sexy-photos-but-we-pinky-swear-we-didn’t-bang relationship.

Lizza, Nuzzi’s fiance at the time, who has his own history of icky sex allegations, broke off the engagement and made some very public statements about Nuzzi and this situation.

Both mercifully dropped off the map until this month, when Nuzzi’s “American Canto” book hit the shelves, leading to a “little girl lost” style profile on her by the NY Times. In response to some of the stuff in the book, Lizza took to his Substack to publish a response titled, “Part 1: How I found out.”  In that post, he pulled a “Sixth Sense” twist at the end to reveal his whole “I can’t believe she’s cheating on me” build up wasn’t about RFK, but instead about former South Carolina Gov. Mark Sanford.

Meanwhile, Nuzzi is now working for Vanity Fair, and media folks are a-flutter discussing this situation.

 

DOCTOR OF PAPER HOT TAKE: It’s too easy to crap all over Nuzzi, Lizza and everyone else involved in this situation. Right now, this feels like staring at a multiple-vehicle car wreck on the interstate. Instead of taking the easy path, consider the following difficult advice:

 

BASIC ADVICE TO FELLOW EDUCATORS AND MEDIA PROS: We need to be honest with ourselves, the public and our students, even though it really sucks.

Whenever a situation like Nuzzi-gate (as we’re apparently calling it now) pops up, a common refrain that emerges is, “Female journalists don’t sleep with sources.” I know a number of professors, former journalists and current journalists who hate it when this kind of thing happens, because it reinforces thread-bare stereotypes about women and it debases the work quality female journalists have done.

Here’s the problem: Lousy examples exist in almost every field and they create misery for the rest of the folks in that field. I don’t like it any more than you do, but it’s the reality of our surroundings.

Trust me, every time some jagwad professor decides to treat his undergraduates like a sexual charcuterie board, I want to die inside a little. I hate that I find myself second-guessing every interaction I have with students for at least two weeks, wondering if they think I might be “one of those.”

That said, I can’t tell students, “Professors don’t sleep with students,” because despite the ever-present blank stares they give me in class, I know they aren’t completely unaware of reality. I’ve even overheard students I know talking among themselves about skeezy professors hitting on them or their friends.

I also can’t just say, “Well, I don’t do that…” because that’s just really creepy to make them think that I’m thinking that I have to tell them that and too damned specific to make anyone feel better about it. It’s usually why I just shake my head and say, “What the hell is wrong with people?”

In regard to journalism, I’ve met multiple former and current journalists who “engaged in inappropriate sexual relationships” with people they cover. In one case, a local reporter who also worked at a local university was accused of sleeping with someone she had profiled. A friend told me that his wife worked with her years earlier, so I asked what she recalled about the reporter. The response: “Tell Vince she was a whore who occasionally wrote stuff.”

Another friend who worked with this journalist in another newsroom told me the majority of the staff knew about multiple similar indiscretions, so they referred to her by a nickname that merged part of her last name with the word “rabbit.”

In another case, one guy confessed to me that as a student journalist he “accidentally” slept with a student athlete while he was a sports reporter and editor at the student newspaper. The following is my recollection of the conversation:

Him: “Um…” Blank stare. “This is not good, right?”

Me: “Well, I wouldn’t add it to my resume… I don’t get how you “accidentally” slept with her. Did you trip and fall on something?”

Him: “No, I mean I didn’t know she was on the team until just before we… you know…”

Me: “I’ve got so many questions, not the least of which would be, ‘How did her athletic affiliation come up at that exact moment?’ ‘How little did you know about her before you decided to sleep with her that this nugget of information didn’t come up?’ and ‘Did you maybe think about not doing this when you became aware of this situation?'”

It went downhill from there…

I don’t think I’m that special that I knew at least a handful of people who had violated this basic tenet of journalism, so I imagine more than a few other folks reading this have a “Hooo boy…. not good…” story of this nature.

We need to stop pretending that this kind of thing doesn’t happen and be more on point about what we want to say here:

  1. Most journalists do not sleep with sources period, let alone to gain special access for stories. A small number of journalists are bad actors, but to paint all journalists with a wide brush because of them is unfair to those who aren’t.
  2. None of us who don’t violate the rules are thrilled by the people who do, particularly when their actions reinforce negative stereotypes against people who have already had to work harder than they should to make it in the field.
  3. Those of us who take this job seriously are not going to pretend that those people don’t exist, but we are going to make damned sure you know we aren’t like them.

I’m sure there’s a better way to say this, but at least we’re being honest and letting people we aren’t thrilled by this, either.

 

BASIC ADVICE FOR STUDENT JOURNALISTS:  I can’t stress this enough, but for every situation like this, where it seems like the world turns out great by flouting the rules, there are dozens more that are just god-awful disasterbacles that never get a book deal.

Colby Hall of Media-ite made the case that Nuzzi, his DM buddy, really just learned how to play the game based on the way the system has shifted, so we can’t really hold it against her:

The glamorous photo shoots, the Lana Del Rey cosplay with the white Mustang convertible on PCH, the literary ambiguity about Kennedy’s identity in her book, the defiant framing that positions her as a victim bearing witness to power.

But here’s what I’ve come to understand: This isn’t tone-deaf. It’s the only move that makes economic sense in 2025.

Nuzzi has correctly read our current media ecosystem. There is no path back to institutional credibility for her—those institutions are dying anyway, and they were never going to reward rule-following in the first place. But there IS a path forward through celebrity, through controversy, through the monetization of scandal itself.

The Vanity Fair job. The book deal. The rehabilitation tour that’s a Klieg light away from what it really wants to be. She’s not trying to rebuild her reputation as a journalist—she’s building a different kind of brand entirely, one where being interesting matters more than being ethical, where attention is the only currency that still spends.

Please don’t buy into that line of thinking. She’s the “it” thing at the moment, but that fades pretty quickly and even if it doesn’t for her, it doesn’t follow it will work for you. If you don’t believe me, ask anyone who tried to become a millionaire starting an “Only Fans” account.

As much as it might seem like a great idea to be that rule-breaking, cool-as-hell rebel in the moment, these things don’t end well. As someone who has watched almost every VH1’s “Behind the Music” episode, I can pretty much guarantee short-term career thinking leads to some long-term misery. And unlike video games, you can’t just hit the reset button once things start going bad.

Follow the rules, behave better than the attention-seeking toddler at the grocery store and do the job to the best of your ability. You might not become famous, but that’s likely to be a good thing.

 

BASIC ADVICE TO PROFESSIONAL MEDIA OUTLETS: Watching Vanity Fair hire Nuzzi is like watching pro sports teams picking up troubled players who have talent, arguing that, in their system, the player will thrive. What they fail to realize is that even if the talent is in there somewhere, the human foibles are going to massively undercut it and you’re essentially just buying trouble.

With that in mind, I’m begging you. Stop buying trouble.

First, the juice is rarely ever worth the squeeze. Everyone is out there thinking they are buying the next Hunter S. Thompson. Instead, they’re buying the next Ruth S. Barrett. Hiring people like this has the same internal logic of cashing in your 401K and using it to buy lottery tickets to secure your retirement.

Second, you’ll make my job a lot easier as a professor because I won’t have explain to students that to get their dream job, they should work hard, play by the rules, and then pray they don’t lose out to someone who banged a source and now has 2.3 million followers on Instagram.

I’m having a hard enough time getting them avoid bias in their writing, abide by grammar rules and attribute the hell out of things, what with all the god-awful crap that’s passing journalism these days. I don’t want to have this conversation:

ME: You can’t write a profile story about your best friend. It’s not ethically sound.

STUDENT: So, why can (REPORTER X) sleep with a profile subject and land a job with a six-figure salary?

ME: Go read your AP style book.

Third, you need to understand the “Cockroach Theory of Terrible Behavior.” When you see one cockroach in a house, rest assured it’s not the only one around, like he’s on vacation or something. For every one you see, there are several more just waiting to show up.

I remember being at my college newspaper during an editor election, where one candidate was trying to justify some bad behavior, explaining, “Oh, that was an isolated incident.” Once we retired to debate his candidacy, the one guy piped up with, “I counted 10 or 11 ‘isolated incidents.’ How many does it take to make a trend?”

Vanity Fair is already playing defense on the hiring, as they were “take by surprise” at Lizza’s accusations about Nuzzi’s nuzzling with Sanford. The magazine is “looking at all the facts” in this situation as it decides how the hell it’s going to get out of this situation before another cockroach comes crawling out of the corner.

If you want to see the best of journalism, hire good quality people. Promote and showcase them as what’s worth doing in the field. Let us in the classroom highlight the good work done in the right circumstances.

None of this will stop another Nuzzi situation, but at least you can help us point to this as a cautionary tale and not a smooth career move.

As a scummy weasel whose mother didn’t raise me right, I’d like to offer my support to the loud, rude piggies and terrible reporters out there (A Throwback Post)

President Donald Trump spent part of the last several days living up to his reputation of being “combative” with the media. During an event featuring a Saudi Prince, he told a journalist from ABC how terrible she was, before musing about how the FCC should consider yanking the network’s license to broadcast.

A few days prior, he barked “Quiet! Quiet, Piggy!” at a BBC reporter while she was trying to ask him a question on Air Force One.

The journo-folks in my orbit have poked at this in a lot of ways. Some are arguing the media outlets didn’t do enough to defend these journalists. Some have pointed out that with both journalists being women, this was another case of sexism rearing its ugly head. Some have said it’s another case of “Trump being Trump” so why are we surprised.

Truth be told, if you’ve worked in this field for more than about 20 minutes, you’ve likely found yourself on the end of the ugly stick, with someone swinging it wildly at you.

Even before Trump, politicians were railing against reporters and their work. If you covered education, parents, teachers and school administrators were likely to be upset with something you covered and weren’t afraid of telling you about it. If you spent time in business, entertainment or sports, you probably had a few run-ins with people who didn’t like what you wrote.

In covering crime, I got more than a few irate calls over the years, including one person screaming at me about how we made her son look bad by reporting his role in a shooting. A sentence I’ve never said before came out of my mouth: “Ma’am, it’s not my fault your son was shooting at people in a Taco Bell drive thru.”

I guess part of the umbrage we’re feeling in regard to these current outbursts is because we’d like to expect more out dignity and decorum out of the president of the United States than we got out of an angry mother of some guy who just landed in jail for the umpteenth time, despite her insistence he’s “such a good boy.”

With that in mind, here’s a throwback to a post about the beatings we all seem to take in the media and why it is good reporters stick with it:

 

Scummy weasels and death peddlers: What some people think about journalism (and why we tolerate their ignorance.)

“Your mother didn’t raise you right.”

I forget the context of that comment, but I know a woman yelled it at me over the phone once when I had the temerity to ask her a question about something someone she knew had done that landed that guy in jail. The implication was that I had nothing better to do than make people miserable and that if my mother had raised me properly, I’d know how sleazy I was being at this very moment.

The reason I bring this up is the story that is making the rounds, thanks to Dana Loesch’s speech at the recent CPAC event. Loesch, a National Rifle Association spokesperson, told the room that the mainstream media just loved it when someone went on a massive shooting spree:

“Many in legacy media love mass shootings. You guys love it,” Dana Loesch said Thursday. “Now I’m not saying that you love the tragedy. But I am saying that you love the ratings. Crying white mothers are ratings gold to you and many in the legacy media in the back (of the room).”

As someone who spent a good amount of time in a newsroom and even more time teaching budding journalists, it’s a little hard to swallow that statement. (I’m not alone in that regard, as multiple journalists have called out Loesch for her statements at CPAC.) The point here, however, isn’t to poke at Loesch but rather to let you know that although the statement is a bit more hyperbolic than most of those made about the media, it’s not rare that people think about journalists this way.

Former college basketball coach Bobby Knight turned hating the media into an art form and a cottage industry. Here are 10 of Knight’s most “memorable” soundbites, about half of which involve him fighting with the press. (Number 8 is my favorite, in which he compares journalism to prostitution.)

Knight isn’t the only person to hate the media for being the media. The clip of CNN’s Jim Acosta battling Donald Trump:

And he wasn’t the first president to rip on the media in front of a large group of people:

However, perhaps the greatest diatribe regarding how journalists react to disasters came not from a politician, but rather from musician Don Henley. His 1982 release of “Dirty Laundry” was No. 1 on the charts that year and really picked apart the way in which TV journalists appeared to enjoy “disaster porn.”

Personally, I’ve been called words I’ve been asked to avoid using on the blog. I think “scum” was the most user-friendly word I could include here. I’ve been accused of having vendettas against people for reporting that the caller’s son got involved in a shooting some place. I’ve been told to get a real job. I’m sure if you asked any of your professors who worked in the field, any one of them could tell you similar stories in which people took out their gripes on a journalist or two.

Still, as Allison Sansone noted earlier, you are serving readers who need you to get them information, even if that information is unpleasant. Of all the things I’ve seen that were nauseating, destructive or worse, I’ve never felt particularly happy about them. Sure, the adrenaline is pumping and the anxiety goes through the roof, so I can see how people would think I was “up” a bit while on the scene of something. However, I was never happy to see a dead guy, a fire-scarred woman or a flaming house full of dead dogs (all things I had to witness.).

This field can be a rough one to enter, especially if you enjoy people liking you or your work being positively appreciated on a universal scale. (I remember somebody once remarking about this idea, “If you want to be loved, go plan kids’ birthday parties for a living.” Personally, I find that more terrifying than covering a lot of the stuff I covered.) However, if you read through the responses the reporters gave to Loesch’s statement, you’ll find that they felt the job was worth it and the experiences associated with some of these traumatic events led to a greater sense of self.

I can’t think of many careers that will get you all of that. Even if it means you have to apologize to your mother for what people think of her child-rearing skills.

An Open Letter to The IU Media School: Please spare us your bullshit and leave the Indiana Daily Student alone

The top of the IDS’s letter explaining how the university killed print.

(EDITOR’S NOTE: Sage has always asked me to avoid any “unnecessary cursing” on the blog, as it tends to offend the sensibilities of some delicate readers. I promised I’d only use “necessary cursing,” and today it’s called for. Sorry, guys.)

Dear Dean David Tolchinsky and the rest of the administration at the IU Media School,

You have made it clear over the past several years, and even more so over the past few days, that you have absolutely no idea how journalism, student media or the First Amendment work, or that you don’t care about these things.

Either way, nobody is buying your bullshit anymore.

The decision to demand students not print news in the Homecoming edition, then fire adviser Jim Rodenbush when he would not force this upon students and then kill all printing 24 hours later in response to the editors’ concerns has drawn negative attention from all corners of the country. The Student Press Law Center and Foundation for Individual Rights and Expression both condemned your actions. News outlets across the state and beyond are digging into this situation. Even the alumni aren’t happy.

Free press and editorial freedom can’t be a “when we feel like it” thing, or else you are supporting neither a free press nor any editorial freedom. I’m not even sure your chancellor gets this, based on his most recent statement:

“Indiana University Bloomington is firmly committed to the free expression and editorial independence of student media,” IU Bloomington Chancellor David Reingold said in a statement. “The university has not and will not interfere with their editorial judgment.”

“In support of the Media School and implementation of their Action Plan, the campus is completing the shift from print to digital effective this week,” he continued. “To be clear, the campus’ decision concerns the medium of distribution, not editorial content. All editorial decisions have and will continue to rest solely with the leadership of IDS and all IU student media. We uphold the right of student journalists to pursue stories freely and without interference.”

OK, but see, you all actually DID interfere with editorial judgment when the powers-that-be demanded that no news content be placed into the homecoming edition. Furthermore, you made it clear that you WERE trying to censor by having two editions: One on campus for the alumni that was filled with only unicorns and rainbows and Homecoming parades, and another one for the city that would be allowed to wrap a news section around it.

The IDS quotes Assistant Dean Ron McFall essentially saying that the school knew this was censorship and interference:

“How do we frame that, you know, in a way that’s not seen as censorship?” Ron McFall, assistant dean of strategy and administration at the Media School, asked in that meeting.

And Dave, you can’t throw this guy under the bus with a “poor choice of words” or “one bad apple” thing, given what people know about you and your approach to student media. People at IU know that you are “clueless” about the First Amendment and you “don’t know the first thing about journalism,” to quote a non-student source close to the IU situation.

A source also relayed a story about one of your first encounters with the IDS upon your appointment as dean. The paper had written an editorial that had ruffled some feathers and you were confused about your power over the situation.

“He wanted to know why he couldn’t just make them apologize,” the source said.

You have tried your damnedest to frame this issue as one of finance, and finance alone, because this is the best defense you have against your indefensible actions. Even if the IDS students and the rest of us who understand how media works were to grant you this premise, which we don’t, dozens of examples of censorship through financial means exist in student media. Trust me, I’ve researched this a bit.

If money were the motivating factor, there would be no reason for killing off ALL print editions, including those special ones you were so excited to force the kids to produce. In their letter from the editors, Mia Hilkowitz and Andrew Miller explained that you now refuse to let them publish the homecoming edition, which fit the bill of what say you wanted, namely a special issue that turns a sizeable profit.

In addition, the editors have pointed out that the three issues that the IDS produced to this point have turned a five-figure profit, that the IDS has advertising contracts for future publications and has contracts for advertising to be placed on public-facing news stands where the print edition is distributed.

Those things all sound like money to me, and any reasonable human being who understands how money works. And if you’re worried about money, maybe you shouldn’t piss off IU alumnus billionaire and donor Mark Cuban, who also is not happy about this situation.

The problem with all of this is that you can’t un-ring the bell. Bringing Rodenbush back or opening the door to printing won’t solve the underlying problem: A complete lack of trust between the IDS and this administration. The students aren’t stupid, so they know that anything you do right now will only be to shut people like me up for the moment. Once you feel we’ve moved on and the outrage has died down, you’ll pull another stunt like this and the cycle will start all over again.

The only solution is the simplest one: Quit. Leave. Go away.

And take your band of merry administrators with you, who apparently have no interest in actual journalism and actually have “neutered the reporting curriculum,” to quote a source. I’m sure you’ll all land on your feet at some nice, private college where they’ll overpay you to keep the kids in line as they write hard-hitting stories about a local dog named “Pooch” that barks at the campus squirrels.

In the mean time, maybe the chancellor can put his money where his mouth is and hire someone capable of restoring the IDS to its previous state as a venerable, formidable journalistic enterprise.

Sincerely,

Vince (a.k.a. The Doctor of Paper)

P.S. – No, I am not angling for your job, Dave. If this letter makes anything clear, I lack the bullshit-osity to be an administrator anywhere.

 

 

“Record everything, always, and apologize later, if need be.” (A throwback post)

Having a literal videographic memory would really, really come in handy sometimes… 

 

This post came to mind after an email exchange I had with an administrator last week. Not to get too into the weeds, but a crisis hit and I was being asked to do something in exchange for a benefit of my choosing.

During a meeting, I got the verbal “OK, that’s fine,” with a promise I’d get something in writing shortly after. After a month or so, I hadn’t gotten the documentation or the benefit, so I made some inquiries.

Although things aren’t entirely settled, what bugged me the most was a line that an administrator wrote to me in an email: “I found no record that we promised (SAID BENEFIT).” 

At that point, I was reminded of the phrase I often tell students: “Record everything, always, and apologize later, if need be. In God we trust. Everyone else gets recorded.”

I’m not sure yet if I’ll be wiring my office like Nixon’s White House, but while I ponder that, here’s today’s throwback post, which looks at the issue of recording people, with or without their knowledge.

 

‘Can you?’ vs. ‘Should you?’ A secret recording of a Wisconsin government phone call that inspired five random thoughts for journalism students

In trying to explain ethics to my intro writing students, I often fall back on the line that, “Ethics basically deal with things that aren’t illegal, but can get you in a lot of trouble, anyway.” Another way we separate law and ethics is the line between, “Can I do X?” vs. “Should I do X?”

This concept came into focus in a strange way last week, as Wisconsin continued to put the “fun” in “dysfunction” at the state government level:

MADISON – Republican legislative leaders lashed out Wednesday at Democratic Gov. Tony Evers after his staff secretly recorded a May 14 phone conversation over how to respond to the coronavirus pandemic the day after the state Supreme Court struck down the state’s stay-at-home order.

The recording and the reaction to it all but ensures a permanently broken relationship between Evers and Republicans who control the Legislature. The two sides have rarely gotten along since Evers was elected in 2018 and Wednesday’s episode was characterized by GOP leaders as unprecedented.

Republicans referred to the recording effort as “Nixonesque,” referring to former Republican President Richard Nixon’s desire to record everything involving him at the White House. I’m uncertain if this is irony, self-loathing behavior or something just randomly laughable, but I’m at a loss for words while watching a Republican use the name of a former two-term (almost) president as an insult. I guess I’m also pretty sure that the relationship between Evers and the Republicans was permanently shattered like Waterford Crystal thrown off the top of the Empire State Building waaaaaaay before this incident.

In any case, here are a few random thoughts for journalism students that don’t delve into the political grandstanding in this case that makes soccer “injuries” look honest by comparison:

 

THIS SHOULD HAVE BEEN PUBLIC ANYWAY: Bill Lueders, president of the Wisconsin Freedom of Information Council, made the best point about this situation. Why the hell was this a “private phone call” among three key governmental officials?

(Lueders) said recording a conversation without alerting the other parties isn’t illegal in this state, but is in bad form — and that the nature of the meeting should have pushed the three to talk publicly instead of privately.

“I wouldn’t do that as a journalist, to record someone without them knowing,” Lueders said. “On the other hand, I don’t know what would have been said in that meeting that needed to be kept private.”

Maybe if this is a public meeting, none of this becomes an issue in the first place. Sunlight is said to be the best disinfectant, and it would appear to be so in this case.

 

RECORD EVERYTHING, BUT BE HONEST: According to the numerous accounts I’ve read, Richard Nixon was paranoid as hell and believed people were always out to screw him over. If you have spent any time as a reporter in this day and age, I bet Tricky Dick starts making a little more sense in that regard.

I can’t tell you how many times I have written something I got from a source, quoted a source or provide information I got about a source, only to have the person who gave me that information tell me I was wrong. And I did most of my work before the era of people in power calling everything they don’t like “fake news.”

Thus, my advice to students? “Record everything.”

That said, recording is one of those key areas where law and ethics diverge. The majority of the states in the U.S. operate under one-party consent. This means that if you are on a phone call with another person, you may record it legally without letting that other person know. The others have some version of two-party consent, which means BOTH parties on the call must know and agree to the recording before it happens. (You can read more on your state’s rules and what happens if your recording across state lines etc. here.)

The law says, “Record them all. Let God sort them out.” Ethics, however, would dictate that secretly recording people kind of undermines trust, as Lueders pointed out. This is why I always tell the students to be up front about their recording. Tell the source, “I would like to record this interview. Is that a problem?” In most cases, sources will be fine with it.

Some folks will be reticent, so I tell the students to explain WHY they want to record the interview: “I want to make sure I don’t make a mistake,” or “I want to be sure the quotes are accurate,” or “I want to protect both of us.” However, the students want to explain it is fine, but at the end of the day, it’s about having a permanent record of what occurred so if the stuff hits the fan, and suddenly everyone is pulling a “Shaggy” on this situation, you have a complete record of what happened.

 

STILL, WATCH OUT FOR YOU FIRST: I totally get why the person recorded the conversation: The Evers administration and the Republicans out here who will rule the assembly in perpetuity, thanks to gerrymandering the likes of which we’ve never seen before, are constantly in a bombastic struggle to define “truth” for the public. I’ll read one story one day and think, “OK, they’re doing X” only to read the next day some recasting of the situation that makes me think it was a dream.

In the end, if you know someone’s going to try to screw you, get a permanent record of reality.

Honestly, I’ve recorded people without their knowledge. I don’t say this with a great deal of pride, but this is what happens when you run a crime beat in an area where people felt no compunction about calling you up to scream at you about coverage. After I almost got smoked once, I considered it an insurance policy.

The first time this happened, a person called the main desk at the newspaper, asking to talk to the person in charge of crime stuff. The staffer sent the person to me, and the caller spent at least five minutes screaming at me about a story we ran. It turns out her kid/brother/friend/whatever was “illegally arrested” (a phrase I still love to this day) and what we wrote needed to be retracted RIGHT NOW.

After mentioning places that I could put my head, which defied the laws of physics, and questioning the lineage of my parents, this woman was not happy with my decision not to acquiesce to her demands. She wanted to speak to my boss.

I gave her his number and he got a much different treatment: A lot of “sir” mentions and some polite questions and so forth. She mentioned how horrible I was and how I said horrible and unspeakable things to her. Of course, my boss brought me in to ask me about this. He bought my version of events, but I swore it would be the last “he said/she said” thing I dealt with at that paper.

I hooked up a tape recorder to the phone and kept it at the ready. When I got the next call transferred, questioning my approach to crime news, I recorded it. After my boss got the complaint about me, I offered to let him listen to the recording. Eventually, that became our routine:

Him: “I got a complaint that you were horrible to (SOMEONE) who was complaining about (WHATEVER I DID).”
Me: “Uh… No… Would you like to hear the recording of the call?”
Him: “Fair enough…”

Still, the most important moment of recording I can recall came when I was an adviser at Ball State University. The school was in the middle of a provost search when one of the three candidates pulled out. The remaining two candidates were relatively polarizing: The president clearly favored one and the faculty and staff favored the other.

Just to back up her notes, the reporter borrowed my recorder for the phone call with the president. She asked the obvious question if the president had planned to restart the search. I can still remember to this day hearing the reporter as, “Is that even an option in your mind?”

The answer was no. We have two qualified candidates and we’re moving forward.

That was the story we ran, and then all hell broke loose.

Faculty were outraged, figuring they were going to get screwed, so they started talking. The president, clearly not wanting this to be a mess, decided the best thing to do was throw the newspaper under the bus.

She issued a statement via email to faculty and staff that basically said, “Look, the kids at the newspaper try really hard, but they’re kids and they screw up stuff. I never said we wouldn’t restart this. In fact, that’s what I’m doing right now. So, relax and don’t worry about the mistakes of children.”

Her problem was, we had it recorded. She didn’t know.

To be fair, the student SHOULD have told her we were recording her, and that was a lesson we made clear in the post-game analysis with the reporter. Thus, we gave the president a chance to do the right thing. The editor-in-chief called her and told her that she made us look stupid and that we were asking for a retraction. We’d let it go if she fessed up. She immediately went back to her talking points about the reporter screwing up and how this happens with cub reporters and how she wasn’t mad, but she had to set the record straight.

At that point, he let the cat out of the bag. She paused, said some unprintable things and then asked, “Are you recording me now?”

I remember thinking, “No, but I wish we were…”

In the end, she held firm. We ran her email alongside a transcript of the phone call along with an editorial on the whole thing. She was displeased, but that was on her. If the primary complaint someone has about you recording them is that you’ll report exactly what they said and they don’t like what they said, I have very little sympathy for them.

This leads to the next point…

 

IT’S NOT OUR FAULT YOU’RE A DIPSTICK: The reason we know about this recording in the first place is because the Milwaukee Journal-Sentinel put in an open records request for everything associated with a coronavirus meeting between the two sides. Once they asked for everything, including recordings of the meeting, the recording came to light.

(Good side note: In open-records requests, ask for stuff that MIGHT exist, even if you don’t think it does. You might get lucky. In this request, the reporter apparently asked for any recordings of the meeting when requesting documents from Vos as well and got nothing because he didn’t record anything. The request sent to Evers yielded the tape. Short version: It never hurts to ask for stuff.)

Evers did the right thing in turning over the file, even though I’m sure he really didn’t want to. It had to be like that scene in “Silence of the Lambs” when the moth flies out of the basement and basically the killer knew he was screwed. The game was over at that point, and he basically had to brace for impact.

The recording was what I would have expected of divorced parents who were forced into a dinner with their kid at graduation: A lot of people talking past one another, some pointed jabs and the essential “How much longer must we endure this fool?” vibe. One thing that did pop up as a story was Assembly Speaker Robin Vos blaming immigrants for the coronavirus:

MADISON – Assembly Speaker Robin Vos blamed the culture of immigrant populations for a coronavirus outbreak in Racine County, according to a secret recording of his meeting last month with Gov. Tony Evers.

“I know the reason at least in my region is because of a large immigrant population where it’s just a difference in culture where people are living much closer and working much closer,” the Rochester Republican said of an outbreak in Racine County.

Of course, Vos didn’t like the story that pointed this out and tried to move the discussion back to how shameful Evers was for recording the call. He also tried to spin this to make it about how he had a deep concern for people of color who were disproportionately suffering the effects of the virus.

(Hang on… I’m dealing with the vertigo caused by that spin… OK… Phew…)

At the end of the day, neither group looks good and Vos has to deal with what would appear to every Latino group the MJS contacted as a dog-whistle, anti-immigrant blame-fest.

What’s important to remember, however, if you record something as a journalist and someone says something stupid, it’s not your fault.

This is one of the few cases where people aren’t blaming journalists, because the journalist didn’t make the recording. Vos comes the closest, in accusing the paper of not keeping its eye on the ball with the whole “Nixon-esque” recording. However, usually, in a story in which someone records something (telling the source or not) and it turns out the source says something horrible, the outrage is more over the recording or the choice to run the story than it is the horrible thing the person said.

It shouldn’t be, and you shouldn’t feel bad about it.

Your job is to report the facts, getting as close as you can to the purity of truth, in an attempt to inform your readers of something important. Rarely are those revelations something pretty and happy, so someone will be upset.

If a state rep or a city council member or a school board president says something offensive about race, gender, sexual-orientation, socio-economic status or some dude named Chad’s little brother, and you think your readers need to know about it, that’s called editorial discretion. Use it to guide you in your choices.

ALWAYS ASK, “IS THE JUICE WORTH THE SQUEEZE?”: In looking at ethical behavior, I sometimes find myself being a pragmatist more than I would like. Still, that’s because I know I have to live in the real world and not in an ivory tower, subsisting on creeds and mottoes. What I “can” do versus what I “should” do often comes down to a weighing of my options and examination of the ramifications.

(This situation is weird, in that the journalists didn’t make recording, so whatever they picked out of the open record was less on them than it was on the person making the comments and the staffer who recorded it.)

If I record a source, and the source knows the information is on the record, and the source knows I’m recording it, I pretty much have carte blanche to do as I see fit. That’s where editorial discretion comes in. What am I trying to do here?

If I run a story based on one part of an hour-long interview that makes a long-time and trusted source look bad, will I be cutting off my nose to spite my face? Probably. Some folks would say that ethics demand the unveiling of any ill that could showcase the true nature of public figures. Others would say that, short of watching that source kill a guy, you’re not ratting him out because sources like that are hard to find.

This is where I spend more time bean-counting than I might otherwise like. Is one flashy story worth not getting another story again from this source? Is my ability to tell people important things, thanks largely to this source, going to be undermined by me taking a shot across the bow at this guy? Am I protecting a person I shouldn’t be protecting, primarily because he makes me job easier?

This is why journalists who have ethics tend to drink like fish and chew Xanax like Tic-Tacs.

As a journalist, what you do is up to you (and to that extent, your publication/boss/editor/whomever runs the show), so you need to decide for yourself if the juice is worth the squeeze.

The Four-Word Interview Rides Again (A Throwback Post)

Today’s post was sparked by a Facebook memory that reminded me both how damned old I am and how lucky I am.

My dad took the above picture 16 years ago today, just after I purchased my first mid-life crisis vehicle: A 1968 Ford Mustang. Dad knew it was the right thing to do as we were taking a test drive. (I can’t repeat exactly what he said here, as the editors at Sage might have their heads implode, but trust me, it was accurate recognition of pure joy.)

The old part should be obvious, but I want to quantify the lucky part.

I’m lucky that I’ve got a wife who told me, “Go get it. We’ll figure out the rest later.” I’m lucky my dad, who always “had a guy,” could take it to a mechanic to get an honest review and then help me go get it. I’m lucky I have a mom who helped me understand that everyone needs some joy in their lives, or else life isn’t really worth a whole lot. I’m lucky I have a job where a car like this wasn’t going to negatively impact the family or what we need to do to survive.

Beyond that, I wanted to say I’m lucky to have the opportunity to converse with you all on a weekly basis. Yesterday’s post had a number of people I’ve never met reaching out to tell me, “Thank you! I’ve been complaining about (FILL IN THE TOPIC) for a while and maybe the kids will now listen!” I’m lucky that I’ve got the folks at Sage, especially Staci Wittek, who is constantly finding ways to tell people that what I write is good for their students.

Not everything is roses and sunbeams in life, but I will say that when I would get behind the wheel of that car, a lot of the anxiety or distress that comes from all the world’s problems just kind of melt away a little bit.

For that and everything else good around me, I am grateful.

 

 

The Four-Word Interview

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(The subject of a four-word interview.)

I stopped off to get gas this morning when a man in his 70s approached me.

“What year?” he asked, pointing to the Mustang.

“’68.” I told him.

He nodded. “Nice.” He then got in his truck and drove away.

In the simplest of terms, this was a perfect interview and the whole thing took four words.

In all the reporting and writing classes I have taught, the biggest problem students tell me they have is interviewing. They don’t know what to ask or how to ask it. They feel awkward talking to other people or they get the sense that they’re being pests. They would rather just email people and hope for answers instead of approaching people in public and talking to them. This is why interviewing features prominently in both the Dynamics of Media Writing and the Dynamics of News Reporting & Writing.

Interviewing is a skill and like any skill, you need to practice it to become better at it. That said, it is important to understand that every day, you conduct dozens of interviews, so you are probably better at it than you think you are. You ask your roommates how their day went, you ask the waitress what the special of the day is and you ask your professor, “Will this be on the test?” If you don’t think of these interactions as interviews, it’s because you are overthinking the concept of interviewing.

The purpose of an interview is to ask someone who knows something that you need to know for the information you seek. When you get that information, you do something with it. The guy at the gas station wanted to know one thing: What year Mustang was I driving? He figured the best source was me, the owner of the car. He asked a question that would elicit the answer he sought. He got his information and he moved on.

Interviewing as a journalist can seem much more complicated than that, mainly because you have to do a lot of preparation, you need to troll for quotes and you need to figure out how the answers fit in the broader context of your story. That’s all true, but if you start with the basic premise of “What do I need to know?” your interviews can feel more natural and less forced.

Terrible tragedies occur when shots fired by armed gunmen ring out (A throwback post)

A newspaper of note sent me an alert recently that told me that police were engaged in an  “active investigation” near on the campus of my alma mater.

When I noted on social media that I’d give anything to know if police were ever in the middle of a “passive investigation,” a mentor messaged me a few more stupid terms that needed to die in the fire of journalistic hell.

(My favorite remains “armed gunman.” If you ever see a guy with no arms holding up a bank with an uzi in his mouth, I’ll back off on this one. Until then, knock it off.)

When police were investigating the Charlie Kirk killing, he sent along one more term that was getting a lot of use:

If you have a “to do” list, please add the “shot rang out” cliche. God I hate that.

The wall-to-wall coverage of Kirk’s death seemed to find as many ways as possible to weave that phrase into the mix, along with one of the problematic phrases listed below (terrible tragedy). Thus, in hopes of getting the message across this time, I dug up the list of bad terms and phrases that really need to go away immediately if not sooner.

 

An Unprecedented List of Radical, Breaking News Items that Need to have their Ticket Punched to the Ash Heap of History

Every so often, we hit up the Hivemind here for words that are getting used way too frequently for no really good reason. Without further ado, here is the list that emerged from our most recent visit to cliche town:

Unprecedented: Between the pandemic, the Trump lawsuits and the trend of cooking chicken with Nyquil, we are the point where the bar for something receiving the “unprecedented” label is pretty high. At this point, it better be Jesus riding a unicorn while throwing tacos to his followers.

(And thanks to the AI artists program, we actually can check this one off our bucket list of “unprecedented” things.)

You’re welcome. Now, go find something else to use in place of this word…

UPDATE NOTE: Since AI is advancing at a ridiculous rate, I gave this prompt another shot and got the image below:

(I’ve gotta say, we got a much better Jesus and unicorn, as well as some minor improvements on the followers but apparently AI is still having problems with tacos. At best, those are pitas or loaves of unleavened bread…)

 

Miracle (sports): I’m sure it was a great game or an incredible comeback, but unless the seas parted between third and home or loaves and fishes multiplied in the end zone, we can stop with this.

Radical (political ads): Did the candidate threaten to castrate guys with tin snips in the parking lot of an Aldi’s as part of their plan to limit the needs for abortions? THAT’S radical. The rest is just stuff you don’t like.

Squash (legal term): It is not. You quash a subpoena. You squash a bug. Or you plant a squash.

Agenda (political ads): I’ve yet to run into a politician who has a fully formed set of motives and efforts that they’ve outlined and subsequently enacted, which is the literal definition of an agenda. In most cases, it feels like this:

Punched their ticket to: Nobody punches tickets anymore. I can’t even get a paper ticket so I can keep the stub as a souvenir. I think if the bands you’re seeing are old enough to qualify for Social Security, the fans should be allowed to request paper tickets. And those will still remain unpunched.

Phone ring off the hook: Phones no longer have hooks. They rarely ring. I get that “Phone buzzing off the desk” doesn’t have the same feel, but maybe just take the next train out of Clicheville… I bet they’ll punch your ticket on the way out.

Weaponize (politics): If you accuse people of “weaponizing” race or gender, they’d better be able to launch a missile out of something. Same thing with anything else we “weaponize.”

Officer-involved shooting: Tell me the cop shot someone or that someone shot the cop. Active, not passive.

Breaking news: It’s not breaking just because you finally figured out about it. Also, it’s not breaking news just because you want to tell me something now. “Breaking news: I just started writing this blog post… More at 11…”

Parlay: By definition, it is, “a cumulative series of bets in which winnings accruing from each transaction are used as a stake for a further bet.” You did not “parlay initial success” of anything into anything else. Unless you could lose that success, stop it.

Brandish: It requires a waving with a flourish, usually in anger. The robber with the gun in his pocket didn’t brandish anything. Unless he broke out into show tunes with a dance number…

Parents’ worst nightmare: Really? We sure on that? I just finished watching the Netflix series on Jeffrey Dahmer, and I lived in Milwaukee during that whole time period, so I’ve got a pretty high “nightmare” threshold. I’m sure whatever happened sucked, but if you spent any time in my nightmares, you’d probably not be talking about a kid not answering a cell phone on time in that regard…

Iconic: A friend notes this article on Ben Affleck and a nap as the moment “iconic” jumped the shark. (Another phrase we should stop using, probably, unless this happens again…)

Unique: It means one of a kind. Unless it’s a snowflake or the Hope Diamond, find a different descriptor.

Ash Heap of History: Unless we really are burning the books, stop using this to describe things we stopped using.

Worth noting: Translation- “I don’t have this from a source, but I want to tell you something.”

Terrible tragedy: As opposed to what? Those fantastic tragedies that make us all happy to be here?

Incident (cop speak): “Police responded to an incident in which…” We know it’s an incident. Everything is an incident. Me typing right now is an incident…

“Can You Libel a Disaster?” (And several other questions that came to mind after The Atlantic gave Ruth Shalit Barrett $1 Million)

Ruth Shalit Barrett received more than $1 million after suing The Atlantic for defamation, based on its approach to retracting this story. For that kind of money, they must have said this is a photo of Barrett drowning a couple dozen kids in a pool laced with electrical lines. 

THE LEAD: When in doubt, sue somebody, because it apparently works:

The Atlantic quietly agreed to pay more than $1 million early this summer to settle a lawsuit by the writer Ruth Shalit Barrett, who had accused the magazine of defamation after it took the rare step of retracting an article she had written and replacing it with an editor’s note, according to a person with knowledge of the settlement.

Ms. Barrett, who wrote an article about youth sports in wealthy areas as a freelancer for The Atlantic in 2020, sued the publication and one of its editors in January 2022. She said the outlet had smeared her reputation and asked for $1 million in damages.

 

DOCTOR OF PAPER FLASHBACK: I was working on another post over the weekend when I noticed a post I wrote several years ago about Barrett’s article and subsequent lawsuit was getting heavy traffic for no apparent reason. A quick Google search of her name helped me figure it out.

At the time, I figured there was NO WAY this thing was going anywhere. The strength of my prediction powers is also why I suck at Fantasy Football.

 

THE DETAILS: Barrett wrote a story about niche sports that rich parents were pushing their kids to enter, in hopes of gaining an edge when the kids applied to Ivy League schools. The story had a number of problems, including an anonymous source that wasn’t that anonymous, the creation of a kid out of thin air, the exaggeration of an injury to a kid during a fencing match and more.

Eric Wemple of the Washington Post dug into this story and started finding more and more things that didn’t make sense, something the editors of The Atlantic also began to notice. At some point, they decided, “Screw it, we can’t save the patient” and retracted the story with a lengthy editor’s note about the story and Barrett’s history in media.

As a result, Barrett filed the suit, arguing that the note defamed her in several ways. She asked for it to be rewritten and that she be given the story’s publishing rights. The two sides went to arbitration, leading to some edits to the note and a lot of cash.

 

A FEW QUESTIONS: In reading this over and over again, I found myself asking several rhetorical questions, one of which was, “Can I sue Sage for no good reason with the hopes that they give me a squillion dollars to go away for a while?”  While the answer to that one marinates in your mind, here are a couple others:

CAN YOU LIBEL A DISASTER? I’m not calling Barrett a disaster for obvious reasons, not the least of which is I don’t have a million bucks I want to throw away. I’m more or less wondering how we started with a story so bad that it required a full retraction and ended with a pay day of this nature.

The publication stated it was aware of her history of not quite exhibiting the best level of judgment in regard to journalistic integrity. Wemple dug a bit deeper into her life and found more than a few clinkers along the way, including problems with the story on these weird sports. The fact checkers were lied to in at least two cases, with one source being encouraged to lie. (The original note said “at least one” while the new note says “one,” a distinction without merit from a language position. Also, who told you it was “only” one? The person you initially found was involved in all the lying and encouraging others to lie, so… um…)

Courts have ruled on a number of occasions that certain people and situations are “libel-proof,” in that nothing further can be done to harm their reputation. In addition, courts have stated that libel doesn’t apply if only “incremental harm” can be demonstrated. In the former, the courts basically say that someone or something is so bad, any statement that might be libelous toward any other person or group won’t qualify as libel. In the latter, it’s like a person in prison for 10 counts of murder sues you for reporting that they have a dozen unpaid parking tickets.

In looping back to this situation, I fail to see how the changes to the note or the statements regarding Barrett improved the situation to the point of avoiding libel. The distinctions in here feel to me like the quote in “Great Balls of Fire!” when someone yells at Jerry Lee Lewis that  he married his 12 year old cousin, Myra, to which she retorts, “Second cousin, twice removed!” Oh. Well.

The question of how bad was the defamation in relation to what was already out there has me pondering what level of reputation she recouped as a result of the suit. In short, do people who thought poorly of her now think better of her after this? Or did people who thought better of her before the retraction think worse of her AFTER that retraction?

Or did the big check just make things better?

 

WHEN DID GP GO MIA? I seem to remember a time, not so long ago, when people did things on “GP” or “general principle.” In other words, it was standing up for the right side of something or holding someone to account for something, even if it would be easier to just throw in the towel.

Case in point, my parents told me when I first got my license that if I got a speeding ticket, I’d lose my right to drive for a protracted period of time. No muss, no fuss, no BS. Just put the keys on the table. Sure enough, when I was 17, I was ticketed for speeding along a stretch of road that was a notorious speed trap. I walked into the house, put the ticket on the table, dropped the keys on top of it and that was that for a while.

What my parents DIDN’T foresee was that I was involved in about 912 activities that required me to be at various locations at night and on weekends. It would have been far easier for them to just give me back the keys and let me drive myself. However, Mom and Dad dug in and ended up driving me to and from all those things until the predetermined punishment time had ended. It was inconvenient for them, but they decided the principle of the thing mattered. I learned a lot from that and have since avoided speeding tickets, although now that I’ve said that, I’m sure I’m getting nailed on the way home.

The larger point is: When did we stop fighting just because the fights were hard? We’ve recently had the “60 Minutes” lawsuit, the ABC lawsuit, and several other lawsuits that have the “Fourth Estate” folding like a cheap cardboard box in a rainstorm. It’s like, “It’s cheaper and easier to just pay people to go away.” Well, that’s like paying protection money to the mob, assuming it’s a one-time thing.

It’s not just the news business, but it seems like we fold up everywhere: A kid threatens us, we change a grade. A social media “influencer” pulls focus onto a post we made, we take it down and apologize. Don’t even get me started about what the kids are doing in the ice cream aisle at Walmart these days. What happened to standing on principle?

There are times where I go into a situation knowing full well I’m going to lose and there are other times, where the risks are pretty damned high that I will. Still, there’s something that says, “No. You aren’t folding. You’re gonna play this hand out, because you can’t live with yourself if you don’t.”

I feel this moment so deeply

I understand that money is a predominant factor in pretty much everything in the world today and I know that it’s easy to say what I would or wouldn’t do when it’s not my money to spend. That said, I think back to the people I admire the hell out of in this business, who would never have acquiesced as easily as it seems like so many people are so willing to do.

Eight Years a Blogger: Come for the knowledge, stay for the snark

It’s hard to believe this thing is still going after eight years, kind of in the same way its hard to believe that the almond-colored refrigerator with the faux-leather texture and Bakelite handle that your parents bought in 1983 refuses to die. I always figured Sage would have decided I was more trouble than I was worth by this point, or I would have run out of bits of wisdom, weirdly effective exercises and opportunities to mock god-awful mistakes in the media.

Oddly enough, that’s hasn’t happened. And speaking of exercises, if you still want to get in on Dr. Vinnie’s Bin of Exercises and AI Joy, feel free to hit the link here.

This semester is guaranteed to be a little off as far as the blog is concerned, in that I found out last week I will need to teach a fifth class this term. It’s the second of the five that I’ve never taught before in my nearly 30 years of college teaching and the third of the five that’s not in my area of expertise.

Why, you might ask… Well..

 

The relative insanity that this blog provides me might be my only salvation, so let’s get started with a few thoughts to brighten your day (and allow me to blow off developing a giant roster of PowerPoints and podcasts I will likely use only once in my lifetime):

 

STUIPD IS AS STUIPD DOES, TOO: In digging through a ton of examples I wanted to use for the upcoming classes I am prepping, I was stunned at the level of general incompetence when it came to making sure things were edited before they went out. I’m not talking about internet memes or mom-and-pop operations posting on an AOL-Dial-Up-Friendly website. I’m talking about actual organizations with money and staff support.

The number of missing words, misspellings and generally bad writing made it tough to find quality examples for the kids. I mean, I can’t exactly say, “Here’s a great press release, if you ignore the three misspelled words in the lead and the sentence structure that makes Tarzan look like Shakespeare.” Of all the blunders out there, I had to highlight this one:

If you are in the state, promoting the state and having a fair for the state, the least you can do is spell the name of the state properly in the headline…

Also, for the sake of irony, I found this job posting for an entry-level PR position with these two key bullet-points back to back. And I SWEAR I didn’t PhotoShop this:

I looked at it three times and thought, “Is this like one of those tests where they try to trick you? Like that one speed test where you are supposed to read the whole set of directions first, so that you figure out you only need to do the first thing on the list?”

Or do they just really need proofreaders that badly?

Speaking of someone who needs a proofreader:

If you really need something that big to house that item, I feel sorry for your significant other…

 

DID THAT REALLY JUST HAPPEN? I’ve frequently noted that paranoia is my best friend, so much so, that I often find myself doing double-takes on things I swear I saw that turn out to not be as bad as I thought. It usually comes up when I see a sign for “angus” burgers or “first-hand jobs” or something where my mind drifts to the terrible error, even if there isn’t one.

That said, this Milwaukee Journal-Sentinel headline on my phone really should have freaked out a couple people somewhere at the newspaper:

For starters, that’s not Cavalier Johnson unless I have officially gone blind from computer monitor radiation. Here’s his official city photo:

I have no idea who the dude at the podium is, but Arnold Schwarzenegger and Danny DeVito made a more convincing set of Twins than the two people in the photos above.

Second, and this is really what caught me, that has got to be the worst headline break any human or computer could have made with this story. When I saw that “Johnson speaks with black talk,” I think my brain broke, before remembering Robert Townsend’s spoof of how white people do stupid stuff in Hollywood.

I understand that everything can’t be perfect in every publication, but I also know there are certain topics that need a little more attention and care, due to their sensitivity and the long history of insensitivity associated with them. This is one of those where someone fell asleep at the wheel.

Conversely, sometimes we can really go a bit far in clarifying things for our readers:

Thanks for the clarification, CNN. Otherwise, I might have been confused…

And finally…

I, (FILL IN NAME HERE), AM HAPPY TO HELP (FILL IN NAME HERE): As is the case every semester, I got a series of “could you please squeeze me into your full Writing for the Media class?” emails over the past couple weeks. The excuses are usually the same (I missed my registration day, I accidentally dropped it, I died while donating my heart to my cousin, but thanks to revolutionary bionics, I’m back now…) as are the ramifications they use to nudge me in their favor (I need this to graduate, I can’t move on with out the class, I’m planning to join a biker gang but they won’t take me without a bachelor’s…)

This one came oh so close to moving me…

Look, AI can be helpful in some cases, but your really gotta meet it halfway…

And off we go on another semester-long adventure. Let’s stay safe out there…

Vince (a.k.a. The Doctor of Paper)

Goodnight, Cliff Behnke. There will never be another one like you.

I bogarted this photo of Cliff from the obit. I’d argue “fair use,” but I probably wouldn’t argue it with Cliff.

 

Cliff Behnke, the former managing editor of the Wisconsin State Journal and generational journalist, died Sunday in Madison at the age of 80.

The irony of this piece is that it’s impossible to explain Cliff without resorting to cliches, a writing failure the man himself disdained.

Cliff despised lazy writing and wasn’t above telling writers how much redundancies, passive voice and unneeded descriptors displeased him. However, if there is one thing anyone who worked under him knew he hated most, it was cliches, so much so that the concept led his obituary this week:

 

 

Spring never sprung under Cliff Behnke’s watch.

“White stuff” didn’t fall in winter, and no reporter ever dared refer to Thanksgiving as “Turkey Day.”

Behnke was a stickler for detail and standards during his four-decade career at the Wisconsin State Journal.

(I managed to pull off a minor miracle once in a weather story when I used the phrase “a white, wintery mix” and Cliff never said a word.)

The cliches really did tell the tale of Cliff, as everyone in Barry Adams’ fantastic obituary seemed to use one now that Cliff could no longer stop them.

He was an “old-school editor,” in that he prized big-picture accuracy, clarity and value while simultaneously picking at the details that would rob a piece of any of those things. He was “no nonsense” in that staffers knew him to be serious and direct, focused and fair as he kept the newsroom moving forward. He was a “newspaperman in the best sense,” spending far more time in his college newsroom than his classes and helping to shepherd the state’s official newspaper throughout the salad days of print journalism.

In reading Cliff’s obituary, one fact discombobulated me: His age. I was in my early 20s during the three years I spent working the night desk at the State Journal. That would have put Cliff in his early 50s back then, which is where I find myself now. I can’t square those numbers, given that I have neither the skills, the seriousness or the stature that Cliff had at this age, never mind how he terrified staffers in a way that is almost impossible to explain.

I feared Cliff, as did a number of the folks quoted in Adams’ piece, but not in the cliche way usually associated with “old school” editors. He never yelled at me, nor did he have a large physical presence that had me afraid of violence. He didn’t break out a string of colorful curse words when dressing me down.

(Cliff was always on the lookout for stray curses making it into the paper. I remember him calling out a sports story that contained a quote like, “We played a hell of a game.” Cliff’s restrictions on cussing in print would make a 1950s all-girls boarding school look like a biker bar. It took at least three phone calls for us to run a quote in one of my stories about a riot with the quote “F— the pigs!” in it. And, yes, that was WITH the dashes.)

Listening to Cliff’s assessment of my screw ups was like watching a ninja throwing razor blades at me. It was just slice, slice, slice until I fell into 1,000 pieces. It could be about something big or about something small, but I still remember (and refer to) a number of them.

In one case, it was a redundancy. I was writing a photo caption about a model train railroad show when I felt the presence of Cliff lurking behind me. He began simply enough:

“Can you imagine if there were 88 model railroad layouts that were EXACTLY the same?” he asked.

“Huh?” I replied, unsure as to if I was having an out-of-body experience because Cliff was talking to me.

“Do you think it would be possible for a group of people to build 88 IDENTICAL model railroad layouts?” he said in that calm, metered voice of his.

“Uh… No?”

“Right. So why are you telling me that there are 88 DIFFERENT model railroad layouts in this cutline? Of course they’re different. That’s redundant.”

He then disappeared almost as quickly as he showed up and I still haven’t forgotten that lesson.

I also never forgot the time I should have been fired for screwing up a brief, in which I reported that a guy was dead when he wasn’t.

It wasn’t bad enough that I screwed it up, but then the local radio stations did their “rip and read” journalism on the air, letting EVERYONE know the guy was dead when he wasn’t. Our competing paper also used to love to crib our stories and then claim they had an “unnamed source” that confirmed the info, so those folks also amplified the story. It turns out everyone was wrong because I was wrong.

The man’s wife was getting condolence calls from people who saw or heard the “news” and she freaked out that the news people knew about his death before she did. After a complete clustermess of a situation, I got called into Cliff’s office for what I assumed would be the end of my journalism career.

After slowly and calmly walking me through every stupid thing I had done and every way a reasonably competent biped could have avoided that stupidity, he told me that the woman wasn’t going to sue us, but she had several demands. Aside from a correction for the paper, I had to write a letter apologizing to the man’s children for screwing up and then I had to hand-deliver it to his wife and talk to her for as long as she wanted.

“You need to go to the hospital at 10 a.m.,” Cliff said. “You will not justify your mistake. You will not discuss your feelings. If anything comes out of your mouth other than, ‘Yes, ma’am,’ ‘No, ma’am’ or “I’m sorry, ma’am.’ You are gone. Do you have any questions?”

I was both young and stupid enough to have one: “Yeah. Why don’t you just fire me now instead?”

His response was perfectly Cliff: “I honestly don’t know, so get out of my office before I figure it out.”

What he taught me that day was responsibility for my actions, the importance of paranoia-level accuracy and that I needed to tough out this painful lesson if I was ever going to be much of anything in this world. As another editor explained to me when I said I should just quit, “How are you ever going to teach a student to do something tough if you won’t do it yourself?”

I didn’t work for Cliff as long as many other people did, nor did I spend much time in contact with him during my time at the paper. In reading some of the online tributes to him, he was both everything his obit said and so much more. He was generous with his time to Daily Cardinal kids, serving on the board and kindly mentoring staffers as they gained their legs in journalism. He was a giving person to friends and family who knew him less as a mythological editor and more as a human being.

What I can say is that there will never be another editor like Cliff, as the confluence of events that made him could not exist today. Nobody is going to spend four decades in journalism anymore, least of all in one state or at one publication. That means we won’t have someone like Cliff who can capture the culture and soul of the audience the media outlet serves. It also means no one will have a firm grasp on all the details that add clarity to local stories, such as if Devil’s Lake gets an apostrophe or where the East Side stops and Downtown starts. He was like Google in a shirt and tie.

Accuracy, the driving force behind Cliff’s work at the State Journal, now seems to be as antiquated as the term “newspaperman,” with people caring more about being first, getting views and making sure “their side” is winning. In the days of newspapers, mistakes were permanent and you couldn’t undo your failures. That fact helped Cliff drive the rest of us to obsess over being right. As much as I still obsess, I know that if someone finds a mistake in this thing, two quick clicks and it’s like the error never happened. As nice as it is to be able to erase public errors, it does make for some lazy journalism.

Above all else, I do wonder how this generation would take to Cliff’s brand of leadership, as to cause fear these days is hate crime and to criticize is a soul-crushing micro-aggression. I wonder how Cliff would work with people who have been known to bring a parent with them on a job interview. Not every 22-year-old who rolls off the college assembly line these days is the stereotype of an entitled snowflake, but I’ve seen a significant crop of emotional hemophiliacs who complain about everything from making deadlines to not getting enough praise for things they’re just supposed to do. The amazing thing about working for Cliff was that we knew he was reserved with his praise and generous with his critiques. That’s why his praise really meant something, unlike the vast sums of participation trophies that line the bookshelves of “kids these days.”

What I do know is that if anyone could have found a way to make all of this work well and get the best out of people in this current environment, it would have been Cliff. He just wouldn’t quit until he did.

 

I lost, but it doesn’t suck, and that’s thanks to you all

 

It can be ridiculously hard not to be a hypocrite some days.

I spent the previous weekend at the Missouri College Media Conference, where among other things, I presented the evening’s keynote address. Because the speech was just before the awards were presented, I decided to keep it short and focus on the topic at hand.

I told the students there something I’ve told every student in every newsroom I ever advised that I honestly believe to be true when it comes to awards:

“Awards are great things, and you should be proud to win one. However, they aren’t the end-all and be-all of life. When you win something, you should be honored, but don’t let it get to your head. When you don’t win something, you should NOT let it make you feel inferior, as you have more than plenty to offer now and in the future.”

The minute I said it, I realized I had essentially jinxed myself. My new textbook, “Exploring Mass Communication,” had been nominated for the Textbook & Academic Authors Association’s “Most Promising Textbook” back in late October and the winners were set to be announced any day now.

Sure enough, the results came out shortly after I got home and I didn’t make the cut.

After I checked the list a couple times to be sure, I emailed my friends at Sage and told them I was sorry I let them down. They spent time and money putting together an extensive application for this thing, not to mention about five years of their lives helping me build this opus, so I felt they deserved this award more than I did.

The answers came back pretty quickly and identically: We don’t know what the hell was wrong with the judges, but we think we have a winner here. The response to the book has been overwhelmingly positive and adoptions are beyond our most optimistic expectations. We’ll take that over a plaque.

That made me feel better, as did thinking about the award itself. I didn’t know the TAA existed six months ago, so being really upset about not winning something from them seems pretty stupid. It also helped that this was one of those “best newbie” awards that often feels like a kiss of death. In scrolling back through my mind, I thought of all the “Rookie of the Year” award winners (Joe Charboneau comes to mind) and “Best New Artist” Grammy winners (A Taste of Honey comes to mind) who became part of that one-hit wonder crowd.

Awards ARE great and winning IS great, but I was right that they don’t mean what people think they mean. Hell, the Starland Vocal Band won two Grammy awards more than a decade before the Rolling Stones even got nominated for one. If you asked me whose career I’d want, you better believe I’d want to be with Mick and the Boys as opposed to Taffy Nivert.

The thing that really made me OK with all of this was my boss, who put a different spin on things when he told me, “You need external validation more than any human being I’ve ever met.” In other words, it wasn’t the award that mattered. It was someone telling me I did something right.

Which is where you all come in and why I’m writing this post today.

Steve is one of the best friends I could ever ask for. He’s put up with me for far longer than the AMA’s recommended lifetime allowance…

The one goal I have in everything I do is to try to make life a little better for the person who is interacting with me. I want a student to learn something. I want an advisee to get through the program more smoothly. I want people who attend my sessions at conferences to feel like they didn’t waste their time. If you’re reading this blog, I never want you to say, “Well that’s 20 minutes of my life I’m never getting back.”

The same is true for my books. I don’t write them to supercharge my ego or to win an award. I write them for other people. I hope that they can help instructors reach kids and help kids learn something that matters in a way that doesn’t feel arduous. The best external validation I get is knowing that people trust me to help them help their students. That validation is much better than any award I could ever receive, and it shows up when I least expect it.

Case in point, a few student media advisers were on a listserv, discussing which media-writing text would be good for their classes. “Dynamics of Media Writing” came up three times. That was amazing to me. I also got a few messages after MCMC from people asking if they could get a desk copy of my “Dynamics of News Reporting and Writing” text, as they wanted to adopt it in the fall because they heard good things.

Even the kids, who I have been told a jillion times hate textbooks and never use them, have been amazingly kind to me over the years. For example, I brought a bunch of swag to the MCMC, including “Filak Furlough Tour” T-shirts and a “trophy bat” for the organization to give away.  At the end of the MCMC, the students on the board got copies of my reporting book as a thank you, when one of the kids came up to me and asked if I would sign the book.

“You don’t want me to sign that,” I explained. “If you keep it shrink-wrapped, the bookstore will pay you a chunk of change for it.”

She gave me a “why the hell would I do that?” look and then peeled off the wrapping. I ended up signing all three of the books that day.

Actual proof that someone wanted my autograph on something other than a check or a grade-change form.

When I got back and told the story to my reporting class, one young lady told me, “I read your book. I still think it’s the best textbook because I could understand things from it. It felt really… human.”

In the age of AI, I’ll take the hell out of that.

Perhaps this is the longest way I can think of to say thank you for everything you do for me in the “external validation” department. My goal with each edition of the book and each blog post is to make sure I earn it.

If there’s anything you need, please let me know.

Vince (a.k.a. The Doctor of Paper)