Indiana University Releases Its “IU Media School Task Force Report” Five Months After The Media School Ran Roughshod Over Student Media’s Rights

(A brief-and-yet-way-too-accurate explanation of how IU got into this mess in the first place.)

THE LEAD: Indiana University released its “IU Media School Task Force Report” late last week after a five-month process of determining how best to preserve student journalists’ rights while providing the various media outlets with governance and financial support.

The task force and subsequent report came after IU fired Indiana Daily Student adviser Jim Rodenbush in October when he refused to violate the students’ First Amendment rights. Shortly thereafter, the Media School tried to kill the still-profitable print version of the IDS, for reasons that still remain pathologically stupid.

CATCHING UP WITH THIS DISASTERBACLE: After Rodenbush was fired, he filed a wrongful termination suit against the university. As that was unfolding, the students at the IDS were prohibited from printing a paper for homecoming, as the university didn’t want any news in it because, God forbid, the alumni returning for homecoming might think something unpleasant might actually occur in Bloomington.

Not only did the kids run a full online edition of the paper, but the student media folks at Purdue University kicked in with a major assist. The folks at The Exponent printed the IDS on their presses for free and then drove the copies down to Bloomington to be publicly distributed. For a perfect cherry on top, the front page contained nothing but news of the shady stuff IU was doing to the IDS in terms of censorship.

More recently, things have turned around for Rodenbush, as he got a professorial gig at Western Kentucky University:

I have no idea what this is in the photo, but I pray its a mascot of some kind for WKU or a melting wax statue of IU Dean David Tolchinsky performing his “Stayin’ Alive” dance.

Meanwhile, the IDS staffers continue to do quality journalism on everything from drug overdoses in the area to the media report itself.

DOCTOR OF PAPER HOT TAKE: I was recently told I’d been getting overly long in my posts, so let’s keep this one short:

The report talks a good game, but let’s see what the media school does in its “refine and implement” stage. We’ve got a long, documented history of the administration here being somewhere between “completely inept” and “ignorantly nefarious” when it comes to student media. I tend to believe that the proof in the pudding is in the eating and IU’s media school brain trust has been serving up a lot of syrup of ipecac pudding lately.

Even if this whole thing comes out as fine as wine going forward, it doesn’t undo the damage done to the people involved here. Jim Rodenbush lost a job, an income and probably a lot of sleep as a result of this. His life was upended because of this, and just because we media folks know he’s a hero, it doesn’t mean this is OK. The staff at the IDS had to fight a fight they weren’t supposed to be in, all while doing the paper and school, which is more than plenty to cause burnout. Advertisers got shook, distribution people had to consider the impact of this and more. Fixing the future doesn’t un-mess the past.

The administration of the IU Media School needs to be held to account for every ham-handed thing they’ve done to this point involving student media. We were talking about the concept of “actual malice” today in class, in which people are held to account for libel when they know they’re doing something wrong and yet they do it anyway. I can’t think of a more apropos term to describe what’s been going on here in regard to the administrative action as it relates to the IDS.
If you are in driver’s seat, you get the ticket for driving recklessly. Same basic concept applies here. Everyone on EARTH seemed to be telling these people, “Stop. What you’re doing here is wrong” and they didn’t seem to really care. If we don’t want to have another mess like this one, IU needs to mete out some punitive measures to make them care about the results of their actions.

ASU’s use of AI to build classes from faculty Canvas course materials has instructors saying “WTF?” (A Throwback Post)

THE LEAD: You can call it “experimental AI” or “educational innovation,” but where I’m from, we call this “theft…”

Arizona State University soft launched a web app earlier this month that allows anyone, for $5 per month, to create an apparently unlimited number of customized “learning modules” using artificial intelligence. The AI chatbot, called Atom, uses online instructional materials from ASU professors to create a course that’s tailored to the goals, interests and skill level of the user. After asking a handful of questions and processing for about five minutes, Atom debuts a personalized course that includes readings, quizzes and videos from a half dozen experts at ASU.

But several professors whose content Atom pulls from were surprised to learn that their materials—including video lectures, slide decks and online assignments—were being perused, clipped and repackaged for these short online course modules. The faculty wasn’t told anything about the app, ASU Atomic, they said.

(SIDE NOTE: I so DESPERATELY want to use a video clip here from “Ted 2” that smack talks Arizona State right now, given how stupid this situation is, but I think the editors at Sage might pop a brain bleed. The tamest thing said in that exchange was, “Do you say Arizona State University or just HPV-U?” Anyway… I digress…)

BACKGROUND: The university is doing everything to both say that tapping the braintrust of the faculty through this AI thing is the greatest thing on earth while also telling faculty this is just experimental and there’s no real concern here.

As with most things administrators SWEAR aren’t problems, the faculty members refuse to buy this bull-pucky:

As is the case for many AI chatbots still in their infancy, Atom gets things wrong. In the module it designed for Hanlon, it included clips from an old lecture he gave focused on the work and career of 20th-century literary theorist Cleanth Brooks. Throughout the course it called the critic “Client” Brooks.

<SNIP>

Ostling is worried that Atomic “will start being used widely, and I have content on my Canvas shelves that would be very inappropriate to show up without context in a course,” he said. “Not only do I think the students will be poorly served because they might learn things that aren’t true, but it could potentially get me in trouble.”

I’m feeling this as well, given that I often have students interview other students for classroom-only exercises that get posted to Canvas. So, for example, a student talking about their experience at the local Pub Crawl might not be all that thrilled if that info becomes part of a database of content for everyone to see.

Even more, I have to occasionally create “alternative timeline scenarios” for the students. For example, to have my students write an “announcement press release,” I make up the scenario that our current chancellor resigned a while back, the university did a search and today is announcing the hiring of the next chancellor. It’s a logical scenario that would be something students might be expected to do as PR practitioners (hiring news release) and it forces them to focus on what to include in a short space.

However, I obviously have made up the name of the person we hired as well as that person’s background and accomplishments. If AI slurps it up and treats it as gospel, that’s not going to be good for anyone involved.

This all led me to today’s throwback post about our system trying to steal faculty content for what I would assume could be a situation like this. Even if the Universities of Wisconsin folks double-pinky promise not to turn my work into AI slop, I still don’t want them co-opting my life’s work for all the reasons listed below.

I did a check on how this is going and the board of regents hasn’t passed this yet, but I’m always leery of summer months, as that’s a great time for universities to pass these “take out the trash” bills, because nobody’s looking.

The Universities of Wisconsin System is trying to steal faculty’s copyright rights to educational material. Please help fight this stupid power grab.

(The system says, “We would never look to diminish your rights or take your hard-earned work away from you.” What the system actually does is more accurately depicted in the scene above.)

THE SHORT, SHORT VERSION: The Universities of Wisconsin System is trying to rewrite its copyright policy and assign itself the rights to the educational work and scholarly materials faculty create. If this goes through, faculty who have spent years building and improving their courses could get the shaft and I have no idea if I’ll be able to share stuff that I’ve always shared with you.

If you think this is as stupid as I do, please email system President Jay Rothman at president@wisconsin.edu and tell him not to let this policy pass.

(UPDATE: Rothman is no longer the president, but that email address will still get you where you need to go.)

THE LONGER, MORE NUANCED VERSION: Here’s a deep dive on the way the system is trying to recreate its copyright policy in a way that disenfranchises its faculty:

THE LEAD: The Universities of Wisconsin has decided to rewrite its rules involving intellectual property, giving the system total ownership over pretty much everything faculty create:

The UW System is proposing a new copyright policy that professors say would eliminate faculty ownership of instructional materials. The revisions are stoking alarm among professors statewide who say such a move would cheapen higher education into a mass-produced commodity.

“This policy change is nothing less than a drastic redefinition of the employment contract, one that represents a massive seizing of our intellectual property on a grand scale,” professors from nine of the 13 UW campuses wrote in a recent letter to UW System President Jay Rothman. “It would allow any UW campuses to fire any employee and nonetheless continue teaching their courses in perpetuity with no obligation to continue paying the employee for their work.”

Aside from owning faculty syllabi, lecture notes and exam materials, UW would also have ownership rights over the scholarship faculty create:

A draft of the new policy, obtained by the Milwaukee Journal Sentinel, would eliminate existing copyright language and replace it with the assertion that UW System holds ownership of both “institutional work” and “scholarly work.”

<SNIP>

“Scholarly work” includes most of what professors produce, such as lecture notes, course materials, journal articles and books. The UW System transfers copyright ownership to the author, as is customary in higher education, but notes that it “reserves” the right to use the works for purposes “consistent with its educational mission and academic norms.”

DOCTOR OF PAPER HOT TAKE: Given that I’ve got about a dozen textbooks in the field, I edit a journal that needs scholarly work to keep it running, I spent seven years crafting hundreds of blog posts and that I’ve built a ton of courses over my nearly 30 years of teaching, this was basically my calm, metered reaction:

beaker from the muppet show is screaming with the words time to freakout above him

I’ve already sent a copy of the proposal to Sage for its team of lawyers to go over, so I’m hopeful that I receive an answer along the lines of, “Calm down… Have a Diet Coke… This isn’t going to destroy what you’ve spent decades creating…”

In the meantime, let’s lay out how stupid and problematic this is:

The quality of your courses depend on the people you’re pissing off: We essentially went through this in my media-writing class today and a collection of sophomores and juniors understood it, so I’m hoping it might make sense to the Board of Regents.

I proposed the following scenario to one kid in the class: Let’s say you turned in a really good story as an assignment for this class. In fact, I thought it was so good, I took your name off of it, put my name on it and submitted it to the local paper. The paper then paid me $50 for the story.

I then asked the kid, “So, given that every time you turn in something good, I’m going to take it, put my name on it and make money from it, how likely are you to put forth your best effort in this class?”

The kid said, “There’s no way I’m going to do anything good for you anymore.”

Right. So, let’s play that out here: If every time I work REALLY hard on making good stuff for my class, the U is just going to claim it as its own, why would I bother to do anything more than the bare minimum to make my class work?

I guess you could make the argument that pride in our work and a desire to make things better for our students could inspire us to do great things, even in the face of a naked power grab by the system, but if you’re going to treat us like mercenaries, we’re going to behave that way.

This will stifle innovation, limit interest in developing new courses and create a general sense of animosity among faculty. It will also likely inspire professors to find new ways to hide stuff from the administration folks, as one person on social media suggested to me:

This stuff isn’t a product, but rather a process: Inherent to the system’s argument is the basic premise of work product: You built this stuff while you were employed by us and required to do so. Therefore, since we paid you for this, the stuff is ours.

That works in the private sector, where we’re tasked with specific outcomes and granted special provisions to create this kind of work product. For example, I know that when I worked at the Wisconsin State Journal, I wrote a lot of articles that the paper published. Implicit in my employment agreement was the premise that I was acting on behalf of the paper, writing things that the paper tasked me to write and publishing those things in a copyrighted publication. They own that stuff and I’m cool with that. I don’t think I’m ever going to want to republish a weather story I wrote in 1996, and if I did something cool I wanted to show my students, that’s acceptable use.

However, when it comes to my media-writing class, I didn’t get hired to write lecture notes and syllabi for that class. In fact, what I wrote was a tweaked version of something I’d been working on for decades. I’d drafted some of this conceptual stuff when I was working at UW-Madison, improved upon it when I was at Mizzou, reconfigured it at Ball State and then adapted it here. This isn’t like you hired me to bake a cake for your birthday. This is a tree I’ve been growing and tending for years and years.

The material might not be UW’s to steal: Even if you don’t buy the argument above, the instructors might not own the material they’re using in the first place.

Textbook publishers aren’t just sending out desk copies of a dead-tree books and telling fledgling professors, “Vaya con Dios.” They actually build a ton of back-end stuff into the educational packages they provide these days, which includes a lot of the stuff the system is trying to get its grubby little paws on.

I know for my books at Sage, we have sample syllabi, PowerPoint slides for lectures, notes for instructors, exercises and test banks crammed with questions. I might even be forgetting some of the stuff we provide.

(Shameless Plug: Sage really is amazing when it comes to this kind of stuff. If you ever need a book, check these folks out first, especially if you need some help with the shaping and molding of the entire class experience.)

These things are available to instructors because Sage built them to go along with the authors’ textbooks. The professors can use them as they are, add stuff, cut stuff or otherwise tweak what they receive. That said, it’s not theirs to sell or give away. Sage holds the copyright for this stuff and I imagine Sage and the other book publishers who pour a ton of time and resources into building these things would be more than a bit peeved if the UW System tried to claim it as its own.

The Coy and Vance Duke Theory of Education: When I was a kid, I loved “The Dukes of Hazzard” television show, which ran every Friday for about seven or eight years. The show involved two cousins, Bo and Luke Duke, getting into scrapes with the corrupt law enforcement of Hazzard County and doing amazing car chases in their 1969 Dodge Charger. Along with patriarch Uncle Jesse Duke and the lovely cousin Daisy Duke, the boys were “makin’ their way, the only way they know how,” to quote the theme song.

It was a simple show that drew a good audience and it seemed to work well. However, around the fifth season, John Schneider and Tom Wopat (who played Bo and Luke, respectively) got into a contract dispute with the studio over salaries. Rather than pay them and move on with life, the studio had the idea in its head that the car (the General Lee) was actually the star of the show, so it didn’t matter who was driving it and that they didn’t need these two pretty boys at all.

Enter new cousins: Coy and Vance Duke.

If ever there was a knock-off of a brand name, this was it. Like the original Duke Boys, one was blonde, one was brunette. They essentially wore the same wardrobe, had the same catch phrases and did the same insane driving stuff. That said, the ratings took a dump and after one season, Bo and Luke “returned from driving the NASCAR circuit” and Coy and Vance ended up fading from memory.

What the universities are doing here is essentially the same kind of thing. They figure, “Well, hell, if we have the notes, the syllabus and the PowerPoint slides, we don’t really need the professor who created them at the front of the room.” These folks assume that once we decide to leave, retire or whatever, they can just plug in an adjunct at a fraction of the cost and things will run like a Swiss watch. And that’s not just me being paranoid, as other folks see it as well:

I pretty much know my notes aren’t going to be helpful to other people as I wrote them based on a lot of my experiences in the field. Notes like (BUS FIRE STORY GOES HERE) or (EXPLAIN DRUG DEALER SHOT THING) probably won’t work for a random Coy or Vance they bring in to teach my class after they decide they don’t need me anymore.

HERE’S WHY YOU SHOULD CARE: One of the biggest reasons I’m worried about this is because it impacts what I can do with my materials. That’s also the main reason why I think you should care about it, too.

I never took this job to get rich and I certainly don’t like the idea of coming across like Daffy Duck when he found the treasure room:

However, when I know stuff is mine to do with as I please, that tends to benefit a lot of other people as well. Whenever someone shoots me an email and says, “Hey, how do you organize your class?” I’m always happy to give them a copy of my syllabus. When someone needs an assignment I’ve built, I’m glad to share it with them or on the blog.

When we went into COVID lock down, I basically dumped everything I ever did that I thought would help people into the Corona Hotline section of the blog for free. All those goodies remain there to this day, so feel free to help yourself.

If this policy passes, I might not be as free to offer that kind of generosity any more, and that would really tick me off.

Kash Money: FBI Director Patel sues the Atlantic over claims he’s a drunk (and what journalism students should learn from this situation)

Although this isn’t a great look for a guy accused of drinking to excess, the author of the Atlantic article on Kash Patel stated that this is among the least worrisome moments of his time as FBI director.

THE LEAD: Kash Patel is looking for cash money to the tune of about $250 million, after the Atlantic ran an article accusing him of being too drunk too frequently to run the FBI :

The F.B.I. director, Kash Patel, sued The Atlantic on Monday, accusing it of defamation over an article that claimed his excessive drinking and unexplained absences were putting his job in jeopardy.

The article, under the headline “The FBI Director Is MIA,” was published on Friday and detailed Mr. Patel’s behavior in his role leading the Federal Bureau of Investigation, citing more than two dozen anonymous sources. The author, Sarah Fitzpatrick, wrote that Mr. Patel’s conduct had “often alarmed officials at the F.B.I. and the Department of Justice.” The article said he “has also earned a reputation for acting impulsively during high-stakes investigations.”

Mr. Patel denied the claims in a statement to The Atlantic, which the article included.

THE BACKGROUND: Sarah Fitzpatrick’s article focuses on a string of incidents in which a long list of unnamed sources note that Patel was exhibiting all the textbook signs of an entitled frat boy. These allegations included:

He was drunk and missing a lot of work because of it.
He was drunk at his favorite local bar while hanging out with co-workers.
He frequently jetted off to Las Vegas, where he got plastered at another favorite hangout.
People had to rework his schedule to avoid early morning meetings because Patel was sleeping off the action from the night before.
He was too messed up to do his job when people tried to reach him, or they just couldn’t reach him at all.
He bragged about things that weren’t true, including misinforming the public about the capture of the Brown University shooter.

The White House issued a statement with a blanket denial of these allegations and Patel himself was quoted as saying, “Print it, all false, I’ll see you in court—bring your checkbook.”

IT’S ALREADY FIRST AMENDMENT 1, PATEL 0 IN DEFAMATION SUITS: A judge has already tossed out one of Patel’s attempts at cowing the media based on allegations of defamation:

A federal judge in Texas has tossed a defamation suit brought by FBI Director Kash Patel against former FBI assistant director-turned-MSNBC contributor Frank Figliuzzi.

Patel had sued Figliuzzi over comments he made on “Morning Joe” about the FBI director’s evening activities.

“Yeah, well, reportedly, he’s been visible at nightclubs far more than he has been on the seventh floor of the Hoover building,” Figliuzzi said on the show last year.

<SNIP>

U.S. District Judge George Hanks Jr. (wrote) “Figliuzzi’s statement, when taken in context, cannot have been perceived by a person of ordinary intelligence as stating actual facts about Patel.”

“A person of reasonable intelligence and learning would not have taken his statement literally: that Dir. Patel has actually spent more hours physically in a nightclub than he has spent physically in his office building,” the judge added.

I’m glad about the verdict, but given what we’re seeing these days in terms of “reasonable intelligence and learning” out there, I’m worried where that bar will be set in the future.

WHY YOU SHOULD CARE AS A JOURNALISM STUDENT: This article and Patel’s suit provide a pretty interesting look at how defamation (or libel) tends to work or not work, as well as an opportunity to look into building stories like this. Here are some key issues:

UNNAMED SOURCES: This whole story is built on the backs of sources that Fitzpatrick did not name in the article. That is ALWAYS a huge risk in journalism for a variety of reasons. Source credibility comes into question, issues of people having axes to grind show up, sources who eventually get IDed might backtrack and leave you holding the bag… The list is pretty long and the dangers are pretty strong.

The things that make this a little more stable than many of the other stories that show up with an unnamed source along with a wing and a prayer are:

A) The volume of sources. Fitzpatrick is stacking people like cord wood in this thing, noting as many as a dozen people have corroborated the things she’s putting into her piece. If that is accurate, and I have no substantive reason to doubt it, that means this story has some stronger legs to stand on than most.

B) I go back to a conversation I had with my friend Allison, who covered the Chicagoland Catholic church molestation scandals of the early 2000s. I used to ask her how she knew for sure that the priests in her stories were serial pedophiles. The information she gathered came from the accusers, usually years or decades later, and was almost impossible to back up with documents or other “official source” content that I had gotten used to using in my own work.

Her answer was simple: She did a ton of digging, verified in every way she could and then she published the content and waited. In almost every case, if she published one or two accusations, she immediately heard from at least three or four other people who told her the same things had happened to them.

Cue the update from Fitzpatrick after her story ran:

“My response is that I stand by every single word of this report,” she said. “We were very diligent. We were very careful. It went through multiple levels of editing, review, care.

“And I think one of the things that has been most gratifying, after – immediately after the story published was, I have been inundated by additional sourcing going up to the highest levels of the government, thanking us for doing the work, providing additional corroborating information.”

The only way Fitzpatrick was going to get this story was by providing anonymity to her sources, so she took a risk. That said, it wasn’t a foolish risk, which is something to keep in mind when someone says, “Hey, I have a story for you, but you can’t use my name…”

A HIGH BAR TO CLEAR: As a public figure, Patel has to demonstrate that the Atlantic engaged in actual malice, as opposed to mere negligence, and that’s a pretty tough thing to do. As the folks at Poynter point out:

Can Patel actually be successful in his suit? Sure, anything is possible, but it’s unlikely.

During an appearance on CNN, Brian Stelter, CNN’s media reporter, said, “Actual malice is the very high legal standard that public figures have to prove in order to win a defamation suit. They have to prove that The Atlantic knew these claims were false or had a reckless disregard for the truth.”

This kind of goes back to the first point in a way: When you only have one anonymous/unnamed source, there’s a huge risk you are buying the Brooklyn Bridge and you should know better. When you have a dozen or more people telling you the exact same thing, it’s going to be hard to prove a vast conspiracy among those folks and the reporter, with them all knowingly trying to frame you for something.

It also merits pointing out that what makes for a public figure or not isn’t always easy, so it’s important to think about the stories you’re writing that might cast aspersions. Patel is obviously public, but if you’re writing a similar “too drunk to work” story about the school librarian or a local business owner, if things go south, this might be a concern.

GETTING SLAPP-ED AROUND: We have discussed the concept of Strategic Lawsuits Against Public Participation, or SLAPP, suits here before. The John Oliver/Bob Murray Suit was one of my favorite versions of SLAPP suits, primarily because not only was it so blatantly obviously meant to silence criticism, but also because it allowed me to use the name “Mr. Nutterbutter” in my textbooks.

As fun as this was, not every SLAPP suit involves two giant bankrolls fighting it out in court. In one case in Georgia, a prominent family sued a grocery worker with what was clearly a case of SLAPP. In another case, an Iowa newspaper almost went bankrupt defending itself against a libel suit that smacked of SLAPP. In that situation, a police officer sued the paper for accurately reporting his inappropriate relationships with teenage girls.

This brings to bear an unfortunate point: Just because you’re right, it doesn’t mean some yahoo won’t sue you to make your life miserable. What’s important to know before you go after a story is to what degree your media outlet will support you, to what degree you can accurately defend your work and to what degree you think the juice is worth the squeeze. Then, you can decide how to move forward.

In Patel’s case, it was obvious he would be coming after the Atlantic, and it was obvious the Atlantic had a big enough war chest to fight back. That said, these kinds of suits can create a chilling effect on quality journalists who want to do important work. It’s not supposed to happen in a society in which the First Amendment provides us with some of the best support in the world, but we do have to deal with the reality of our surroundings.

When Life Hands You Lemons, Make Lemon Pound Cake: Afroman beats Adams County deputies in defamation case

THE LEAD: The First Amendment is alive and well in Ohio, as the courts ruled rapper Afroman can make fun of anyone who kicks in his door in a quest for lemon pound cake:

The rapper Afroman did not defame seven sheriff’s deputies or invade their privacy when he put out a series of catchy, flamboyantly insulting music videos about them after they raided his home in 2022, an Adams County, Ohio jury ruled on Wednesday.

In a three-day trial that pitted two very different notions of personal outrage against each other, Afroman, whose legal name is Joseph Foreman, successfully argued that he had a First Amendment right to mock the deputies, as public figures, and that the over-the-top lyrics of his viral songs could not reasonably be taken as literal statements of fact.

BACKGROUND: The 2022 raid was based on a warrant seeking evidence that Afroman was engaged in drug trafficking and kidnapping. The rapper’s house had multiple cameras recording the raid, one of which captured a deputy doing a double take of a glass cake dish containing a loaf of lemon pound cake.

Meet Officer Pound Cake, who did not put down his gun and grab a slice and thus cannot testify if Mama’s recipe was, in fact, so nice.

The raid produced no evidence of either allegation in the warrant, but it did lead to a lot of video footage of deputies looking through Afroman’s property, breaking down his door and other miscellaneous actions.

Afroman used the footage in several music videos to mock the law enforcement officials. After the videos went viral, merch began to arrive in the form of “Officer Pound Cake” T-shirts and the like. At that point, several deputies sued for defamation and image appropriation, claiming the rapper used their images without their consent and that his album of songs and subsequent videos caused them significant harm.

DOCTOR OF PAPER HOT TAKE: What people who sue in cases like this fail to realize is:

A) You’re essentially trying to put out a fire with gasoline. The minute this thing began, people started paying more attention to Afroman, his videos and even Officer Pound Cake. I haven’t thought of Afroman in more than 20 years, but now the guy is all over my feed thanks to this lawsuit.

B) Unless you can prove (and I mean REALLY prove) that you were directly defamed in a clear, obvious and serious way, You have absolutely no shot of winning a suit like this, which means all your doing is what we outlined in Point A.

Case after case involving rappers, parody artists and other similar entertainment-based performances has demonstrated that this kind of stuff is protected speech. It also does nothing more than draw people to the very thing you didn’t want them to see.

When the PMRC put out its list of the Filthy 15, the artists and albums listed there spiked in popularity. When Jerry Falwell sued over a spoof ad in Hustler magazine, he targeted a publication that would be here one month, gone the next and likely only seen by a few hundred thousand people. However, now his name is associated with a Supreme Court case that every student in media law has seen, along with seeing the ad.

I get that it’s not fun to be the butt of the joke (believe me, after 12 years of Catholic school as the awkward kid in class, I get it.). That said, mockery is protected speech and pretty much everyone in public life gets their turn in the crap-barrel. The sooner you learn to let it go or embrace it, the less likely this will come up every day of your life.

FCC Chair Brendan Carr and Secretary of Defense Pete Hegseth threaten media for not being polite, kind lapdogs

This is a photo of me at a high school journalism workshop, apparently trying to explain something that I hope isn’t what it looks like I’m trying to explain. If I can handle this photo of me existing, Pete Hegseth can handle whatever the hell photos they’re taking of him these days.

THE LEAD: The folks in the government are getting grumpy about the way the media is treating them to the point of threatening and banning outlets and coverage they don’t like.

Federal Communication Commission head Brendan Carr said he wants the coverage of the Iraq war to be more “patriotic,” lest the stations within his dominion see their licenses yanked:

The chair of the US Federal Communications Commission (FCC) has threatened to revoke broadcasters’ licences after US President Donald Trump criticised their coverage of the US-Israel war with Iran.

Brendan Carr told the BBC’s US partner CBS News that broadcasters’ licences were not a “property right” and warned they can be revoked if stations did not serve the public interest.

Carr’s threat came after he accused broadcasters of “running hoaxes and news distortions”, saying they can still “correct course” before their licence renewals.

Some Democratic lawmakers called Carr’s comments unconstitutional. The FCC issues licences to individual broadcast stations, but does not license TV networks.

In a “hold my beer” moment, Secretary of Defense Pete Hegseth went one step further, barring photo journalists from his Pentagon briefings for not making him look pretty enough:

The Defense Department has barred press photographers from briefings on the ongoing U.S.-Israeli military conflict with Iran after they published photos of Defense Secretary Pete Hegseth that his staff deemed “unflattering,” according to two people familiar with the decision who spoke on the condition of anonymity out of fear of retaliation.

I FEEL PETTY, OH SO PETTY: The media and the government have long had an adversarial relationship, with many political figures badmouthing and blaming on the fourth estate for whatever ails them. We’ve had politicians literally beating up reporters as well, with one “bodyslamming” a journalist in Montana, and yet still winning the election anyway.

This isn’t the standard fare of one saber-rattling chucklehead with limited power and an unlimited ego. This is the head of the FCC basically issuing a mob threat, which Democrats immediately rebuked him for making. Even Republicans who generally view the media as somewhere between a swamp rat and the crud that grows on your teeth when you forget to brush for two days are not having it:

Sen. Ron Johnson (R-Wis.) on Sunday rebuked Federal Communications Commission (FCC) Chair Brendan Carr’s threats to revoke broadcasters’ licenses over TV networks’ news coverage.

“I am a big supporter of the First Amendment,” Johnson said on Fox News’s “The Sunday Briefing.” “I do not like the heavy-handed government, no matter who is wielding it. … I would rather the federal government stay out of the private sector as much as possible.”

“The federal government’s role is to protect our freedoms — protect our constitutional rights,” the Wisconsin Republican added.

Johnson is my senator and I can’t remember the last time I fully agreed with him on anything, so to have us both on the same page might be as rare as seeing Jesus riding a unicorn. (You’re welcome…) Johnson’s essential position of, “I might not like what you are saying, but I’ll fight to the death for your right to say it,” is good to see, given that too few people tend to think about how life might look if the shoe were on the other foot.

The backlash against Hegseth isn’t as loud or strong, but the underlying concern of controlling the media shouldn’t be any less alarming. As much as his staff is now backtracking and claiming there’s a “space and fairness” issue driving this, I tend to believe the first report a little more for obvious reasons.

DOCTOR OF PAPER HOT TAKE: Let’s start with Hegseth because it’s easier. I’m a guy who has had his picture taken at a number of podium-based events and I swear to God, I never look good. I either look like I’m gesturing in hope of winning a game of Charades or my mouth is in some sort of position that looks like I’m eating rotten food or about to spit on someone. I’m also old and bald with bad neck hair, so that’s not helping anything either.

So, from that perspective, I can honestly say: Grow up, dude.

You were once on TV and you considered yourself a journalist, so it’s not like you don’t get the idea of how freedom of expression works. I can pretty much imagine the general outrage you’d put forth if a Democratic administration had tried to crack down on whatever you were doing on Fox News. For you to punk slap the media over a couple photographs you didn’t like when this photo of you exists seems a bit stupid:

As for Brendan Carr, his lack of understanding and his use of threats makes more sense. Carr got a bachelor’s in government before getting a law degree. He was a private practice attorney before being brought into the governmental machine in 2012. He never worked in the media, nor is his expertise in that field.

Carr reminds me of a number of school district attorneys and college counsel-folk I’ve dealt with over the years when school media got censored. They had this vibe like, “I’m a lawyer, thus I know everything and I’m way smarter than anyone else in the room.”

I remember one case in which I had to keep correcting a school lawyer about cases he claimed supported his position. Finally, I outlined several reasons he was wrong before turning to the superintendent and saying, “Ma’am, with all due respect, you’re getting terrible legal advice and likely overpaying for it.”

When governmental people come from the business or legal world, they fail to understand that they don’t have as much free reign as they used to. Being “in charge” back there meant they had unfettered power over anyone or anything within their fiefdom. In the government, we have rules and laws that constrain people from acting on their stupidest instincts.

The Popularity and Perils of the Police Blotter

The Oshkosh PD police blotter is not only a bit more pedestrian than many other departments, but it almost needs a Rosetta Stone to translate it…

THE LEAD: The Wyoming Tribune Eagle ended its publishing of the police blotter as news this month, noting that despite people’s interest in the material, the ethical and legal concerns were just too risky:

People love the police blotter, because it includes tiny nuggets of drama, intrigue and joy. For instance, in Gillette, Wyoming, cars get “cheesed,” meaning people will cover them with slices of American cheese. Who doesn’t love reading about a good cheesing?

But along with the weird and wacky things that show up in a police blotter are numerous inaccuracies that follow people for life.

“There’s a lot of problems with blotters in general,” Secrest told me. “An initial charge can change really easily. They can up the charge, they can lower it, they can dismiss it entirely. Things can get challenged pretty quickly. Also, people can be acquitted.”

COP TALK 101: For those uninitiated in crime news, the blotter is a list of all the incidents law enforcement officials within a department deal with in a day. It usually lists a mix of things, including the time of the incident, the name of the person involved, the place where the incident occurred, the date of birth of the person involved and any criminal charges associated with the situation.

The blotter only represents what the law enforcement officials are doing at the front end of a situation, not the resolution of the case or any changes made later that day (or week or month).

So, for example, let’s say I’m driving to the aluminum recycling place to turn in some beer cans when I hit an icy patch on the road and skid into the ditch. The cop sees beer cans all over my car, notices that I totaled my vehicle and wants to check me for drunk driving. However, I’m too woozy and messed up from the crash to do field sobriety and the ambulance takes me to the hospital, where instead of a breath test, they do a blood draw.

The officer might list Operating While Intoxicated as an expected charge, pending the results of the blood test. So, it goes into the the blotter as an OWI. However, it turns out I’m as sober as a judge, so the charges eventually get dismissed.

If all the paper is doing is publishing the blotter info and not really following up, that can lead to several problems, like one noted in Poynter’s story on the Wyoming situation:

Although the staff received some pushback when they announced the change, “now that it’s gone it doesn’t seem to be missed,” Secrest said. “Also, this week we had a man call us and tell us that his booking sheet incorrectly designated his charge as a felony and our publishing of that, prior to this policy, caused him to lose his job. We will be able to correct that once he provides the court document confirming the charge. But that was published about 10 days before this policy took place. It felt like a good reminder of why we did this.”

A CHECK OF THE INTEREST ELEMENTS: One of the things we always talk about is balancing people’s right to know something versus people’s right to be left alone. A key way we do this is looking at the FOCII elements (Fame, Oddity, Conflict, Immediacy and Impact) to figure out if we should be doing something or not.

The blanket publication of the blotter tends not to showcase any of these elements other than Immediacy, but as we note in the book, Immediacy always has to be tempered against accuracy. In short, fast and wrong is worse than slow and right.

That said, the Oddity element often shows up in the blotter, which means checking it for information still merits value. The Fame element can also come into play, as people who are well known often end up on the wrong side of the law.

Here are two examples I remember from working with the crime beat:

At UW Oshkosh, the Advance-Titan used to run blotter items under the heading of “Busted!” In looking at the revelations put forth by the Wyoming paper regarding accuracy, that probably wasn’t the best of titles.

In one case, Busted! featured a brief bit of news in which two students were caught having sex in the middle of the day behind the giant UW-OSHKOSH sign on the main drag of campus. When the officer began to write the students up for this tryst, the guy begged the cop not to do this, because he said he knew it would end up in Busted! and thus his girlfriend would find out about his “extra-curricular activities.”

At another place and time, we had a blotter item that really tickled our irony meter. A local radio personality who went by the moniker “The Altar Boy” got busted for OWI. He apparently also gave the cops a bit of a rough time in arguing with them over the bust, noting he was someone of great import.

The folks in Wyoming noted that in cases like these, obviously, the information would be covered, but done so in a more complete way. Meanwhile, minor incidents involving regular folks would not make the paper.

DISCUSSION TIME: Does your media outlet have a blotter section of some kind and how popular is it? What kinds of things do you think are fair game and what feels like a bridge too far? Also, how would you feel if the minor indiscretion you committed in college suddenly became something anyone could find on the first page of a Google search? A lot of student newsrooms have struggled with balancing this, so it’d make for an interesting classroom discussion.

UNC policy allows the U to record classes without telling professors or students, while students aren’t allowed to record at all

If you feel like this, you might be working at UNC…

THE LEAD: The University of North Carolina has implemented a policy that dictates who can and can’t record classroom content, which includes a terrifying Big Brother option for the university itself:

The University may record a class or access existing classroom recordings without the permission or knowledge of the instructor being recorded for the following purposes:

To gather evidence in connection with an investigation into alleged violations of University policy, when authorized in writing by the Provost and the Chief Human Resources Officer; and

For any other lawful purpose, when authorized in writing by the Provost and the Office of University Counsel, who will consult with the Chair of the Faculty.

BACKGROUND: The university had run into several issues related to recordings of professors over the years, only to figure out it really had no policy in place to deal with such things.

The tipping point appeared to be when UNC decided not to renew business professor Larry Chavis’s contract after reviewing recordings of his classes. Chavis noted he had no idea the university was recording him.

When called to account for this surreptitious move, the U fell back on the “well, we’re a one-party consent state” thing, which is true but a bit wobbly at best.

A FEW BASIC OBSERVATIONS: I found myself thinking about a couple aspects of the policy that either people haven’t considered very well or they just hope they won’t have to deal with in the future. Consider the following:

Rules for student recordings: I’m not sure exactly how this came into play, but the document makes it against UNC law for students to record in the classroom, except under specific circumstances:

Students may not record classes, including online classes, without express advance permission from the instructor teaching the class they wish to record. Students approved for recording as a University Compliance Office (UCO) accommodation to address a disability, pregnancy, or religious accommodation must notify instructors of their approved accommodation by sending an accommodation notification plan in advance of any recording. The approved accommodation plan must indicate the means by which the recording will be accomplished and any other details pertaining to the recording or its use.

Well, for starters, how are you going to monitor that, given students carry about 97 digital devices on them at any point in time? I guess if I’m in my computer lab at UWO with 20-some kids, maybe I might notice a kid’s phone set to record, but most likely not. In a UNC pit class, though? Not a chance in hell.

Add that to the lack of a specific “or else what” in this policy and I’m thinking this thing is going to be relatively toothless when it comes to enforcement. I’m not an expert on university policy or UNC’s policies in particular, but I don’t see a “If you do X, you will suffer Y” in this document. The document also doesn’t say, “See POLICY X for punishments” so I’m left to wonder if the kids will record anyway depending on how strict the policy and problematic the punishment.

Martyrs to the cause: Most of the kerfuffle I’ve seen in relation to classroom recordings getting out into the world is related to students trying to “expose” professorial bias. We’ve covered a few of these here, and there are dozens more cases elsewhere in which a student records a professor doing or saying something that upsets a large group of the perpetually offended. Once that match of outrage hits the kerosene of social media, the professor’s goose is cooked.

With that in mind (and the previous point in mind as well), I somehow doubt this kind of thing will stop. Even more, I imagine that a kid who “exposes” a professor via an illicit recording at UNC will now be hailed as a martyr to the cause if any punishment befalls that kid.

(“Let’s all remember the brave sacrifice of Jimmy, who recorded Professor Jones misgendering a piece of wicker in Underwater Basketweaving 385. That ‘stern talking to’ he got from the dean will haunt him always…”)

We have a world in which social media rules, “gotcha fame” is aspirational and people are way too full of themselves around the academic world. Recordings are going to happen.

To Chill or Not To Chill: I’ve studied the concept of the Willingness to Self-Censor for a number of years and found that many people have an innate sense of how willing they are to speak out or shut up when faced with controversy. Certain topics tend to spark this more in all people, but many topics spark it in specific people. In short, there are a lot of reasons why people will hold their tongues and it’s not always because they don’t have something to say.

Conversely, I’ve dealt with academics all my adult life and I found that many of them apparently have some sort of condition that makes them think everyone should hear what they have to say about everything, regardless of the circumstances.

Michael Palm, president of UNC’s chapter of the American Association of University Professors and associate professor in the UNC Department of Communication, said faculty members are aware they may be monitored by the University or even outside groups.

“My sense is that most faculty, at this point, just assume they’re being watched,” Palm said.

<SNIP>

“I think it is unquestionable that there has been a chilling effect on campus and that many more faculty now than at any other time that I’ve been a faculty member — and I’ve been at UNC for 18 years — are self-censoring out of fear for what might happen if the wrong people disapprove of the content in their classes,” Palm said.

If I’m being honest, there are days I have a “come at me, bro” vibe going on when it comes to my classroom. If you think I’ve said something stupid, childish, offensive or whatever… well… take a number, I guess. Then there are other days where, if I think about all the potential ways something like this could screw me, you couldn’t pull a needle out of my keester with a tow truck.

What I foresee here is that the students are going to lose a lot, thanks to this policy. The professors who really SHOULD be curbed a bit in regard to their histrionics and side-rambles will be the ones thinking, “Well, that’s for other people…” The folks who are more like academic prairie dogs, popping their little heads out of their holes juuuuuusssst enough to see if the coast is clear, will stay under ground for fear of getting whacked.

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:

A Cameo video from an actual pirate, that warns other AI companies about pirating my content.
A full-page ad in the Indiana Daily Student mocking Dean David Tolchinsky and the rest of the media school for what they’ve been doing to the student media in Bloomington.
A donation to the Student Press Law Center, for all they do for student journalists, in the name of the administrator who has done the worst job of supporting student media rights.
Buying anything from this website, which was the first actual seller that came up when I Googled, “What is the dumbest thing you can buy?” for any reader who asks for it.
A donation to university’s media scholarship fund that will give me the naming rights I always aspired to have.
Funding whatever insane open-records request you think would be awesome.

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)

“How do we frame that, you know, in a way that’s not seen as censorship?” The IU Media School Fired Student Media Director Jim Rodenbush For Not Censoring Student Media

Dean David Tolchinsky, pictured here shortly after betraying the crew of the Nebuchadnezzar.

THE SHORT, SHORT VERSION: David Tolchinsky, dean of the IU Media School, fired student media director Jim Rodenbush for refusing to violate the First Amendment rights of the Indiana Daily Student staffers.

The powers that be in the administrators in the school have been trying to force the IDS into a series of short-sighted moves that would both damn the paper to irrelevancy and undercut the students’ rights to self-governance.

If you would like to speak up on Rodenbush’s behalf, please email Tolchinsky at: mschdean@iu.edu or call him at: 812-856-4513 to let him know you stand with Rodenbush and the students at the IDS, who could also use your support (ids@indiana.edu).

THE LONGER, MORE NUANCED VERSION: Jim Rodenbush, who had been the director of student media at IU since 2018, was summarily fired on Tuesday after he refused to tell the staff of the Indiana Daily Student what they should publish in the homecoming edition.

A formal termination letter, signed by Dean David Tolchinsky, was making the rounds on various media outlets late Tuesday night:

DOCTOR OF PAPER FLASHBACK: The media school spent more than a year trying to force all of its student media outlets to work together, as part of a “converged” model that everyone else in the media world has figured out can’t work. We covered the rigamarole that the IDS was facing around this time last year in our “Hostile Takeover” series.

Multiple generations of student editors at the IDS were adamantly against this approach, as well as opposing the idea that the free and independent media outlets they ran were going to be kind of “folded into” the media school.

At the time, I’d been in contact with Rodenbush, who was more than polite in his refusal to crap all over this idea, telling me he had faith in the kids and was working within the system to keep the ship afloat.

THE STUDENTS SPEAK: If you ever wonder where all the guts in journalism has gone in today’s world of media giants folding like a cheap tent in the rain, look to student journalists.

In a blistering letter on the IDS website, co-EICs Mia Hilkowitz and Andrew Miller explained exactly what happened to Rodenbush, bringing the receipts with them. In pulling quotes from emails and multiple meetings, they outlined the brazen attempts of the administration to force the students to bend to the school’s whims:

Telling us what we can and cannot print is unlawful censorship, established by legal precedent surrounding speech law on public college campuses.

Administrators ignored Rodenbush, who said he would not tell us what to print or not print in our paper. In a meeting Sept. 25 with administrators, he said doing so would be censorship.

“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.

Not to put too fine of a point on this, but if you have to ask how to “frame” something so that it doesn’t look like censorship, you’re committing censorship and you damned well know it.

And the students know it too:

IU will attempt to frame this censorship as a step toward a balanced budget. The IDS, along with the Student Press Law Center and Reporters Committee for Freedom of the Press, see it very differently.

“The Media School’s order limiting the Indiana Daily Student’s print edition to homecoming coverage isn’t a ‘business decision’ — it’s censorship,” the Student Press Law Center said in a statement to the IDS. “This disregards strong First Amendment protections and a long-standing tradition of student editorial independence at Indiana University.”

If administrators disregard our rights as student journalists now, what will stop them from prohibiting the IDS from publishing certain stories on our website and social media, should they deem it appropriate?

AN ALUMNUS SPEAKS: In looking for Tolchinsky’s contact information on the IU Media School website, I came across a familiar face in the “Proud Alumni” section of the site.

Andy Hall is a 1982 graduate of the IU journalism program and former editor of the IDS, and we worked together for a bit at the Wisconsin State Journal. The media school gave him a well-deserved write up, where he discussed the foundation of Wisconsin Watch, an investigative journalism outlet here in the Badger State.

I’m not sure if IU full grasps the irony that the Media School is literally championing a free and independent media outlet, founded by a relentless investigative journalist, at the same time it’s trying to undermine the place that helped launch his career.

(SIDE NOTE: Here is my best Andy Hall story. Every year, staffers at the WSJ were assigned a high school graduation to cover as part of their duty to civic journalism. Andy’s assignment coincided with a planned trip back to IU for a reunion of some sort, so he hit me up to ask if I could cover for him that weekend.

Andy explained that not only would I get paid for the work time and mileage, but that he’d kick in a six-pack of some Indiana beer and a bucket of Tell City Pretzels as a pot sweetener. After I agreed to do that, word got around the newsroom pretty quickly that the college kid could be bribed into taking your graduation story gig if you ponied up some free beer. I think I wrote like 10 or 12 grad stories that year and had the best beer fridge of anyone my age.)

I got a hold of Andy late Tuesday night and filled him in on the situation, asking what a guy who cut his teeth at the IDS thought of the school’s actions. He didn’t mince words:

“As a former editor-in-chief of the Indiana Daily Student, I am deeply disturbed by this apparent attempt to censor the decisions of its student editors. The IDS charter specifies that ‘final editorial responsibility for all content rests with the chief student editors or leaders.

“I hope that the Media School leadership finds ways to work productively with the IDS editors to ensure that the student news organization retains the full independence granted by its charter. Ultimately, that journalistic independence is in the best interests of the school, the students and, most importantly, the public.”

I wonder whose profile the school will be taking down first, Jim’s or Andy’s?

DOCTOR OF PAPER HOT TAKE: This is what happens when you train great student journalists and then try to play them for fools. The level of ham-handed stupidity involved in not just what was done, but how openly it was discussed in various meetings where journalism folk were present makes some of the Watergate stuff look nuanced by comparison.

I mean, even the mob knows better than to talk about how they plan to whack a guy in terms this blatant.

As far as Rodenbush is concerned, he’ll be getting the red carpet treatment on a national stage, according to Mediafest 25 Convention Director Michael Koretzky:

Jim Rodenbush is coming to MediaFest. SPJ is paying his way.

Jim will be recognized during Friday’s keynote, and we hope to get video of the room applauding him – then make sure it gets back to campus. (Two IU TV students are attending MediaFest. Hopefully, they’ll record the moment along with the rest of us.)

If you’re coming to MediaFest, please say hello to Jim at Friday’s CMA/ACP reception and around the Grand Hyatt halls.

We have other things planned for Jim upon his arrival. SPJ president Emily Bloch is excited to host him, and SPLC’s Jonathan Falk will invite Jim to speak at one of his sessions. CMA leaders haven’t gotten back to me yet, but I’m sure they’re just as excited.

Let’s stand with and for Jim.

As for what’s next for the IDS, I’ve got an email in to Tolchinsky and his admin crew asking that question. I’ve also got emails in to the co-EICs to see if they want to fill me in on anything. In the name of full transparency, I did get one reply:

I don’t know about you, but I can practically hear Langosa’s sigh of relief in that message from here. If anything else comes through, I’ll update it here.

Looking ahead, I don’t know who is going to take the job next, as this is the second adviser in a row to get canned at IU under some really awkward circumstances. Hall of Fame media adviser Ron Johnson got removed, with the university arguing it was a financial situation while the students arguing that this was an attempt to censor the publication. When news of Rodenbush’s firing hit the College Media Association’s listserv, more than two dozen folks chimed in with messages of condolence for Rodenbush and some version of “This isn’t right.”

It’s out of pure, morbid curiosity that I want to see the job posting for whoever the hell IU thinks is going to saddle up for this gig.

In the mean time, please feel free to email Tolchinsky at: mschdean@iu.edu or call him at: 812-856-4513 to let him know if you disagree with this act of censorship. Also, please feel free to offer your support to the IDS staff (ids@indiana.edu), because they definitely deserve better than they getting, but they aren’t going down without a fight.

“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.

Rudy Giuliani settles lawsuit over his claims of election fraud. No… Not that one… No… That one got settled… No… It’s… Just read the post.

It’s never a good sign when you Google someone’s name and “lawsuit,” only to see smoke billowing out of the back of your computer…

THE LEAD: Dominion Voting Services has settled its lawsuit with former NYC Mayor Rudy Giuliani over his baseless claims that the 2020 presidential election was rigged. Dominion had sued for $1.3 billion, but the actual settlement was not immediately disclosed.

The company’s suit against Giuliani was based on statements the onetime presidential hopeful made on social media, on conservative news outlets and during legislative hearings in which he claimed the company conspired to flip votes to Biden.

Dominion’s lawsuit was among a series of legal and financial setbacks for Giuliani stemming from his role in spreading election conspiracy theories.

DOCTOR OF PAPER FLASHBACK: We covered Dominion’s situation when it sued Fox News for $1.6 billion back in 2021. The sides eventually settled the suit for $800 million.

If the “meet-in-the-middle settlement principle” holds true, Giuliani might be on the hook for about $650 million, although he’s already financially crunched due to the loss he sustained for maligning two Georgia poll workers. He’s been trying to declare bankruptcy, but a federal judge tossed that out in 2024, so I’m sure the creditors will continue to circle.

A SHORT, BASIC LEGAL PRIMER ON DEFAMATION: When we cover defamation in the writing and reporting classes, we tend to keep things pretty simple. Obviously, the law is rarely as clean cut as what we’re describing below, but it does at least give you a basic look at what these things tend to require.

We usually start with what we call the “minimum basic requirements” for a viable lawsuit. In other words, you have to prove these basic things just to get on the dance floor, so to speak:

Identification: Can I figure out the person/group/company that is being subjected to this potentially defamatory action? This can be naming someone (“Mayor Bill Smith of Springfield stole money from the Veterans Affairs account.”) or through identification that is obvious to a reasonable individual (“The principal of Smithville Elementary in Smithville, Ohio, who shall remain nameless, has installed illegal video cameras in the girls locker room.”).

Publication: Has the information been sent to someone other than the person who claims to be defamed? Defamation can extend across all media. People usually think about “publication” as being something disseminated via a newspaper or magazine, but that’s not the case. Sharing information through almost any channel or platform can fit this standard. I used to say that you could libel someone on a gum wrapper if you put your mind to it. That’s not that far afield from the truth, in that defamation suits have been put forth over broadcast reports, press releases, advertising and social media posts.

Defamation: Does the statement associate the person with illegal affairs or other nasty business? In most cases, we see issues of criminality here, but it doesn’t mean that this is the only way you can cover this base. Accusing people of being associated with a “loathsome disease” also fits here. So not only could you be in trouble for stating, “Johnny Smith shot a man in Reno, just to watch him die,” you could also be in trouble for saying “Johnny Smith is the reason for the chlamydia outbreak in the Delta Delta Delta house.”

Harm: Did the statements cause damage to the person/group/whatever claiming defamation? I remember once a situation in which a group of little… student government people was trying to get me fired as the adviser of the student newspaper. One of them took to the steps of the library wearing a sandwich board sign that essentially said I helped the paper steal about $74,000 from the university. The funniest thing about it was that he ended up misspelling my name on the sign, thus leading the newsroom kids of that era to refer to me as “Dr. Vinie Filk.”

I was basically blowing it off, but I asked one of my legal eagle buddies, if, just for fun, I decided to sue this kid, what were my chances of winning?

For starters, the guy told me, you’d probably need to prove that you are Dr. Vinie Filk. After we laughed at that, he hit me with the real issue: What’s the actual harm that’s come to you in this situation?

His point was that I couldn’t point to a specific negative thing that happened based on this kid doing this demonstration, other than that the kid was annoying the crap out of me. Had I lost my job, lost a promotion, gotten removed as adviser or a number of other things that were directly related to this kid’s actions, I could show harm.

As it stood, I basically was fine, so that’s how that cookie would crumble in court.

DOMINION GOES 4-FOR-4 AND THEN SOME: In the case of Rudy and Dominion, we can check all four boxes: The company was identified repeatedly in Giuliani’s statements, he was doing it on a boatload of platforms that went out to millions of people and he accused a voting company of rigging an election, something both illegal and “loathsome.”

Harm was easy to prove as well, given they could show actual losses related to statements made about how this company was a fraud. In the Fox suit, they stated easily a $600 million loss based on this nonsense, and that doesn’t count all the pain and suffering the Dominion workforce sustained when people who were all in a lather over this went after them.

ALL OFFENSE, NO DEFENSE: When a suit gets this far, we usually see one of two key defenses applied:

The statements, while clearly not nice, are actually true.
The statements were merely an opinion, so not subject to a suit of this kind.

Other defenses can apply here (The one former Trump lawyer Sidney Powell tried regarding hyperbole is an amazing example of chutzpah…) but for the most part, we’re looking at these two. The truth defense was shot to hell really early in all the Dominion suits, as no one could actually PROVE that the voting company was doing anything nefarious. The opinion defense we dealt with in the previous post on this topic, but it bears repeating here.

Opinions are statements that can neither be proven true or false. For example, “Dr. Filak is a lousy professor” fits the opinion because we can’t define what “lousy” means in any legal fashion. However, “Dr. Filak takes money for grades” is a statement we can prove to be true or false. In the Dominion case, it was clear these statements were meant to be taken as fact and stated as such, despite their falsity.

THE “ONE TO GROW ON” LESSON OF THE DAY: When these things happen, they should serve as a reminder to pretty much everyone who puts content into the public sphere that there are inherent risks in doing so. Over the past decade or so, we’ve gotten more and more comfortable with more and more people saying more and more outlandish stuff in the media and essentially getting away with it.

However, when someone actually decides that what is being said is a bridge too far and sues, what you might have thought of as “provocative” or “entertaining” might end up looking “coyote ugly” in the harsh light of the courts.

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