"Free Speech" may not mean what you think

There's been a lot of talk recently about free speech, but a lot of people have a very superficial understanding of what "free speech" actually means.

I taught several semesters of Communication Law, and here is what the Constitution and the courts say "free speech" means.

Four ways to tell: Is it news or advocacy?

I wrote this originally in 2016, but in the Trump era, it became even more important to know how to judge what is actually journalistic "news" and what is political advocacy.

When people, politicians, journalists, and others talk about "the media", everybody seems to mean something different.

For decades, "the media" referred to established mainstream news sources that pursued ethical and meticulous journalism. Today, social media has flattened the playing field and given everyone a voice, at little or no cost.  But this new "everyone" dynamic is largely made up of people who are not trained in journalism, not committed to telling all sides of a story, or are actively promoting a one-sided agenda.

How do you tell if what you come across is news or advocacy? Here are four ways:

1.  Value judgments are not attributed.

Real journalists do not tell you what they think as part of their stories.

Any time a headline or story body makes a statement about something being good or bad, admirable or not, or any other opinion, it needs to st somebody other than the journalist saying.  that means we have to attribute it as a quote or paraphrase.

If the story contains a value judgment without indicating the source, it is advocacy, not journalism.

2.  Loaded words have hidden meaning.

Journalists are trained to use descriptive language, but to avoid words that have social connotations, stereotypes, or other hidden meaning attached to them.

3. Doesn't really tell both sides of a controversy.

Advocacy thrives on giving you loaded information that is weighted to a particular agenda.  If a supposed news story brushes off an opposing point of view or only gives it lip service, it is likely not journalism.

4.   Contains ad hominem criticism, not attributed.

If the writer criticizes a person or group of people, as opposed to the person's/group's position on issues, it is a logical fallacy and it is advocacy, not journalism. Such "ad hominem" might appear in a quote and still be journalism, but when it is not attributed and this is a contention of the writer, it is not journalism.

Conclusion?

These four rules of thumb are just the beginning.  You have to scrutinize and evaluate the source of information.  Check Snopes or Politifact.  Ask yourself "is the writer promoting an agenda"?  The more you do this, the more it will become clear what is news and what is advocacy pretending to be news.

Fake News and the "Marketplace of Ideas"

The term "fake news" has been thrown 

around constantly in recent years.

But legally and constitutionally, people have the right to publish what they want, and accuracy is not a legal requirement.

What does this mean to our present-day journalistic and political environment?

Is the news media liberal? Yes, but not the way you think.

We've heard accusations for years about the alleged bias of the "liberal news media." Professional journalists are trained to keep their own opinions out of their work, but in the broader (non-political) context of "liberal," having a liberal news media is good for everybody. 

Read to find out why.

Facts vs. Truth

Screen capture from Meet the Press, NBC

Rudy Giulaini claiming that "truth isn't truth" is so strange, but WHY it's strange has been missed by the people reacting to his comments. 

It is a tenet of conservationism that there IS an absolute truth, outside of human experience and perception, that it is fixed, and relatively easy to understand. That is where literal reading of the Bible comes from. 

Conservatives, in the meantime, are skeptical about "new" knowledge, particularly when it contradicts the established narrative. This is where climate change denial comes from. I can easily understand a conservative saying that "facts are not the same thing as truth because facts are always suspect." 

The trouble for Giulaini is that this idea goes both ways. An administration that thrives on ignoring evidence, "alternative facts", and innuendo cannot be assumed to be telling the truth. But the way that Giulaini said "truth is not truth" smacks of propaganda and "if I say it enough times, they'll believe it IS the truth." And if the truth is not the truth, it leads to a mindset that lies are not lies. 

It seems to me that we see this "truth is what we persuade people it is" mindset all the time in the bogus and easily debunked claims that float thought the advocacy media. 

That is why we NEED professional, trained journalists, whose job it is to question claims, and fearlessly seek the actual truth, among the jumble of facts and opinions. The advocacy media can't do that for us, which is why we need the professional journalistic media.

Trump: Masterful Control of the Narrative

More than ever before, political operatives struggle to influence what people talk about, and thus influence what they believe.  More than ever, it's done by making assertions that are, at face value, false.

Why do they do this and how does it work?

Many years ago, I watched an election campaign in which a member of Congress was seeking reelection.  His opponent had been active in local causes but was not well-known statewide.  The incumbent's campaign staff thoroughly researched the opponent for past public statements, such as letters to the editor.  For the last 45 days of the campaign, the incumbent blasted the challenger about every three days for some past public comment. The result was that the opponent was always defending himself, and never got to go on the offensive.  He lost the election in no small part because what people believed about him was defined by his opponent, not himself.

In all manner of public relations, practitioners want to maximize the positive and minimize the negative.  That's why negative news is often released after 3 pm on Fridays - because fewer people will see it Friday evening and Saturday, so any reaction will be smaller, and less intense.

Years ago, when Donald Trump became a celebrity, he learned that when he said outrageous things, they would be reported by journalists. He learned about the news cycle, in which his statements would be reported for a day or so, and then any reaction would be reported over another day or so. He learned to influence what the media talked about.

When he became a political candidate, reporters were guaranteed to report what he said in campaign rallies/interviews, particularly when it was something other than a standard stump speech.  It was the same pattern - inflammatory statements reported for a day or so, and reaction for another day or so, always repeating the original claim and thus validating it.

And on top of that, the more inflammatory the Trump statement, the more it, and reaction to it, would dominate the news for a couple of days, often marginalizing other stories having less controversial content.

Lesley Stahl's report that Trump has admitted attacking the news media so that negative stories about him won't be believed is just another way of using the news cycle to control the narrative.  It's not really a new tactic.  Vice President Spiro Agnew was famous for attacking the press (before pleading guilty to tax evasion, resigning from office, and serving felony probation).

Singling out of people and media employees for personal attacks uses the ad hominem logical fallacy, and while all of our teachers tell us that we should avoid logical fallacies, they can be highly effective in persuasion, because most people do not detect that the logic is flawed.

So here is the pattern:

1. A claim is made, with either no evidence or faulty evidence, but is reported by many media outlets because of who said it.
2. Other people react, repeating the original assertion, denying it or supporting the assertion, so the original claim is reinforced from many directions, creating doubt about the truth in the minds of the public.
3. When there has been enough talk, allies then say "we need a formal investigation into whether this is true."
4. The investigation repeats the claim endlessly, making it seem more and more plausible, or disappears into the background static of the news, and gets little attention when conclusions are finally released (if ever), because they are not as inflammatory as the original claim, thus leaving the original claim as the strongest thing most people remember. 

You can criticize this strategy of controlling the media.  You can make an excellent case that the use of falsehoods and exaggeration makes it unethical (along with a lot of other things in politics).

BUT...

It is a sly, crafty, and highly strategic way of manipulating the media and controlling the narrative, making sophisticated use of the fundamental ways in which journalists work, public psychology, and ways in which people consume news content.

Facebook

There has been a lot of angst recently about how Facebook uses data from user profiles. But pretty much every organization that uses advertising does essentially what Facebook does, i.e. collecting information about customers and using it to target advertising messages to them.  So how do we make sense out of current events in social media?

Yes, Everybody does it

It is a standard postulate of advertising and marketing that we respond most favorably when the messages we receive are relevant to our interests. So ALL advertising companies do research to find out where their preferred customers (and prospects) hang out in the media, and they advertise in those locations.

They also do various kinds of research to understand us better.  For example, the bar code scanning in our favorite supermarket.  Everything goes into a database, and if we pay by credit card for check, they know a lot about us, personally.  Have you ever noticed that the coupons that print out while we're checking out are usually for something we already buy (or a competitor)?

Data collection about customers is not new, by any means.

• For centuries, newspapers and later radio and TV created interesting content in order to get people to also see advertisements.
• Starting in the 1970s there was an explosion of specialty magazines, allowing advertisers to reach audiences they knew was already interested in the specialty products the advertiser sells. 
• The hundreds of cable channels now provide this same pre-selection of specialty interests for advertisers.
• When businesses started using the WEB, the same thing happened -- specialty websites sprang up allowing advertisers to find the audience interested in their particular specialty products.

Modern mobile technology has certainly taken this way of doing business to new heights, like knowing your exact location so they can text you discount coupons when you are near a certain store. But it is more of the same and NOT something unprecedented.


How does Facebook Advertising work?

When you make a post on a Facebook business page, some people see the post "organically" because they already follow the page, or they see a friend comment or like the post.

But as page administrator, you also have the opportunity to pay money to extend the post so more people see it.  You can select friends of your current followers, or use a variety of other criteria, such as geographic area, age, and gender.  Facebook also watches what members post, like, and share, so you can select people based on a variety of interests which Facebook has identified, resulting from your history of posting.

In doing this, Facebook does NOT actually share your data.  The advertiser provides the criteria, and Facebook does the match internally in its system, and "serves" the post (advertisement) to the people who match the criteria.


So how did Cambridge Analytica get the data?

According to this article, the researcher, Dr. Kogan, made an agreement with Facebook which allowed collection of data for research purposes, but forbade transferring the data to third parties.

At face value, this is reasonable.  Academic researchers collect personal data all the time, but ethical research does not allow the identities of the participants to be known by anyone outside the study. Institutions have mechanisms in place to ensure this, called "Human Subjects Institutional Review Boards."  I have served on HSIRB at my school and have written proposals seeking approval for my research plans.

In keeping with this, Facebook prohibits collected data from being sold or transferred “to any ad network, data broker or other advertising or monetization-related service.” Dr. Kogan apparently collected the data, then violated the agreement with Facebook and transferred the data anyway.


What was the real failure here?

One can certainly argue that Facebook needs a stronger way of enforcing it's terms of service policy than simply trusting people to comply.

One can argue that websites and apps on which we post personal data should not be allowed to use that data, but this has been happening for 20 years or more on almost every commercial online platform you visit.  It is the REASON they exist, i.e. to make money (not to "serve the public.")

One can argue that users need more warnings about "the information you are about to post may be used for advertising, and delivered back to you in individually-targeted messages."  Most people will still ignore the messages, as they do the terms of service and other warnings.

One can argue that the people in Congress who are charged with regulating this stuff have no clue about what they are trying to regulate (a fact made clear by the questions from members of Congress to Mark Zuckerberg).

I wish I could boil this all down to a single failure with corresponding solution, but the social media environment is too complex.

The vast majority of these web and app systems are for-profit undertakings, meaning that they either need to charge fees, or depend on advertising.  The tried and true business model is to attract an audience with interesting content, and then expose them to advertising, ideally focused to the interests of the audience because what is advertised aligns with the content.

But most consumers conceptualize these content sources as "services" and do not understand that they, themselves, are an audience being sold to advertisers.  This makes them gullible and prone to impulse when they encounter memes, quizzes, and other means of data collection.

There is no simply way to change this paradigm, but public education is part of it.  Caveat Emptor (let the buyer beware) is critical.  Stop and think what information you are entering into the app or website.

If you don't want the entire world to know something, don't put it on the Internet (including ANY communication transmitted via technology).

What is a reporter's job, really?

Many people today misunderstand what a reporter does, and how the reporter is supposed to do the job. The reason is that there are so many people out there writing things that seem like they are journalism, but are not.

The pictured tweet is a reminder to reporters to be persistent, but for those of you who have never BEEN a reporter, let's try to understand more about the job really is.

News Judgment

The definition of what is, or is not, news is complex, because it can vary from day to day.  When a hurricane hits Texas or Florida, most other things are not news.  The same stories might get a lot of attention on another day, when the weather is fine.

But my working definition of news is things that are out of the ordinary.  Another way of saying that is things that are "new, different, or changing."  Same-old-same-old is not news.  "Generalissimo Francisco Franco is still dead" is not news.

Reporter's Opinion

The reporter is not supposed to be part of the story.  In particular, the reporter's opinion is not supposed to be stated, or even allowed creep in.

Any opinion or value judgment in a professionally-writtten news story must be attributed to someone.  If no source for a value judgment is stated, then the "story" is not news.

The only things that do not need to be attributed in journalistic writing are facts that are "widely known or easily verifiable." We don't need to quote a source as saying that a hurricane hit Texas, but we DO need to quote sources concerning details of damage, etc.

Furthermore, if there are multiple legitimate sides to the story, they must all be told, and in a way that each side perceives the story as fairly representing their position. But note the word "legitimate."  We do not need to place the Flat Earth Society on an equal footing with astronomers in our eclipse stories.

Be persistent

As the Overheard in the Newsroom quote suggests, a reporter must be persistent. A reporter cannot be helpless, just because some official does not call back.  A reporter must try again and again.  Email, phone, go to the person's office, camp out on their home front steps (if it is an important enough story).

If it is a story worth covering, it MUST be covered, whether that one person calls back or not.  There are other people who you can find to interview and quote, even if they are not the ideal person, who has failed to call back.

Follow the story

Once a reporter has reported on a story, developments in the story must also be reported.

If we report that someone is arrested for something, we need to report on what happens when the person gets to court.

When President Gerald Ford tripped a couple of times on camera, it then became an expectation that future klutz moments must also be reported.

When President Trump was found to be tweeting inaccurate information, future inaccurate tweets also had to be reported.

Sometimes journalism is a "one and done" story, but more often, it is following a developing story, even if the developments come weeks apart.

Get details right

I tell my news writing students to quadruple check facts.  Reporters cannot make assumptions, misquote, or allow other inaccuracies into their stories.  Accuracy is one of the things that separates journalism from advocacy using journalistic formats.

Avoid anonymous sources

Yes, that's right, "avoid."

Journalistic standards say we can ONLY cite anonymous sources when the source could be threatened with punishment or could otherwise come to harm from having the source's name known publicly.

There is some wiggle room here.  Often we hear about a "White House staff member familiar with the issue" and we know that it is actually a coordinated intentional release, but they just don't want a particular name associated with the information.

So what?

There's a lot more to a reporter's job, of course, like complying with AP style, strong leads, use of effective quotes...

But in today's environment of persuasion cloaked in trappings of journalism, it can be hard for the general public to understand why journalists do what they do, even when there are strong ethical and professional reasons.  It is even more complicated when politicians criticize journalists for doing exactly what they are supposed to be doing.

We need to remember "Caveat Emptor," or "let the buyer beware" and bring our critical thinking to bear.  Much of what you initially think is "news" is really propaganda and persuasion.  Just because you may agree with the conclusions of some article you read does not mean it properly tells all sides of a story, or is even true.

Who Posts Trump's Tweets?

When I first read the president's tweets about Charlottesville, my immediate reaction was that some of them didn't read the way he says things.  It turns out that some of them MAY have come from a staffer, not Trump himself.

During the campaign in 2016, we know pretty certainly that some @realDonaldTrump posts were made by the candidate himself, and some were made by staffers.  The language was different, but also some were posted from an Android device and some from Twitter for iPhone.  Trump was using the Android device during the campaign and staffers had the iPhone.

This is not unexpected. There are a LOT of politicians and celebrities who have staffers or publicists manage or contribute to their social media.  It is pretty much standard procedure, except that most politicians probably do the hands-on tweeting less than Trump has.

This article from March scrutinizes the Twitter dynamic of the Trump campaign/presidency. It turns out that some tweets are STILL probably written by somebody other than the president, personally. Again, not at all unreasonable for a politician.

The @TrumpOrNotBot bot analyzes the president's tweets and uses machine learning and natural language processing to estimate the likelihood Trump wrote a tweet himself.  It uses an algorithm that compares new tweets to the president’s massive Twitter record, and calculates the odds that Trump, personally, wrote the new tweet. Supposedly the algorithm is continually updated.

So what do I conclude from looking at the analysis?

I think it's really hard to accurately analyze the language, but the platforms the tweets come from are interesting.  This week, most tweets have still been sent from an iPhone, but some are from the "Media Studio" Android app.

The Media Suite Android posts are more likely to be announcements about events, videos of the president, government reports, etc.  Advocacy posts (and insults) are more likely to come from the iPhone app.

So what did @realDonaldTrump tweet?

iPhone:  We ALL must be united & condemn all that hate stands for. There is no place for this kind of violence in America. Lets come together as one! 

iPhone: What is vital now is a swift restoration of law and order and the protection of innocent lives. #Charlottesville 

Android Media Studio: We must remember this truth: No matter our color, creed, religion or political party, we are ALL AMERICANS FIRST. 

Android Media Studio: We will continue to follow developments in Charlottesville, and will provide whatever assistance is needed. We are ready, willing and able. 

iPhone:  Deepest condolences to the families & fellow officers of the VA State Police who died today. You're all among the best this nation produces. 

iPhone: Condolences to the family of the young woman killed today, and best regards to all of those injured, in Charlottesville, Virginia. So sad! 

iPhone: Our thoughts & prayers are with the families, friends & colleagues of #Virginia's @VSPPIO Lt Cullen & Tpr Bates #Charlottesville

I don't think it is likely that sometimes the president uses one phone and sometimes another, sometimes iOS and sometimes Android. It would not surprise me if more than one trusted person using an has access to post to the account. So I interpret the Android Media Studio posts as being the White House Communications office or other trusted party, and most, if not all, of the iPhone posts being directly from the hand of the president

In some ways, none of this matters, other than as a curiosity to observers. If something is released over the signature of the president, it IS functionally the president saying it, no matter who wrote it.  But given the unique Twitter dynamic the president has established, I find it to be intriguing to try to understand which tweets fall into which categories.

And particularly in light of the recent criticism of whether Trump should have called out white supremacists the way he calls out everybody else, I do wonder who really is posting what content to the president's accounts.

Strategic Distraction in Social Media

Given the power that social media has to influence society and social agendas, it's become a regular tactic to use social media ti divert attention away from the bad stuff.

Trump does it.  Lots of other organizations do it. But we are hardly aware of what is going on.

Two stories have prompted this post. The first is about a study that concludes that the Chineses government employs a tactic of diverting attention from bad news or dissent. They do this NOT by addressing the issue to counter arguments, but by inundating social media with other, positive content that leads the conversation away from the dissent. The study concludes that they do this with an "army" of 2 million people who flood the internet with positive news posts.

The article quoted one of the authors of the study as saying:

We had always thought that the purpose of propaganda was to argue against or undermine critics of the regime, or to simply persuade people that the critics were wrong. But what we found is that the Chinese government doesn’t bother with any of that.  Instead, the content of their propaganda is what we call “cheerleading” content. Basically, they flood the web with overwhelmingly positive content about China’s politics and culture and history. What it amounts to is a sprawling distraction campaign rather than an attempt to sell a set of policies or defend the policies of the regime.

The second story I read recently concludes that bots are a major factor in spreading "fake news" on Twitter. Automated accounts are particularly active in the early spreading of viral claims, and tend to target influential users, according to the authors.

I have addressed bots before and not all are bad, but in the political realm, they are doing more than just auto-liking posts.

So what can we learn from these two stories?

• There are organizations and governments that are actively manipulating the flow of information via social media and the Internet, for their own benefit.
• Often, their goal is distraction.

The Chinese government uses "good news" to overwhelm the "candle in the wind" of dissent.

Donald Trump uses insults to distract from the criminal investigations centered on his election campaign.

But whether he knows it or now, Trump also distracts from OTHER important things going on in the American government.  Because the insult of the day has to be reported and analyzed in the media (it doesn't but they haven't figured that out yet).....

Other important things never bubble up to the surface for broad discussion, like this story about a Commerce Department plan that could reduce the size of 11 marine sanctuaries and monuments.

If the opposition wants to retake Congress in 2020, and retake the White House in due course, they have to get MUCH more sophisticated about how they disseninate simple, straightforward Twitter-like talking points that will REALLY get the attention of undecided voters. Armies of people doing coordinated posting and bots are clearly fair game, but false information is not, in my opinion.

Five things "Digital Natives" need in Educational Technology

Today's younger generation is considered to be "digital natives" because they have
grown up with Internet/mobile technology and are highly comfortable with it.

But what are the implications of that? Should educators really treat them differently?

According to this story, a recent academic study suggests that today's students are no better at information skills simply because they grew up in the digital era. It also finds evidence that “digital natives” are no better at multitasking than other age cohorts.

So, as a teacher, I wonder what this says about instructional technology (and here I am talking about systems that go beyond PPT slides and playing YouTube videos in class).

There is a lot of research that shows that, in general, students like using technology for schoolwork.  In part, this is because they are already used to technology, and in part because it tends to lead classes away from boring lecture-memorization methodologies.

But I teach specialized technology, used for broadcasting.  Many of my students are great users of the technology, but......

If there is a problem, many of them are stymied. Some of them cannot even explain what the problem is sufficiently for me to understand it, without going to look for myself (and then I can often solve the problem in two minutes).

Then there's the recurring problem of the students who save a file, and then cannot come back and find it again, because of lack of understanding of file folder structure. That should not be college-level curriculum!

So my take is that today's generation of students is sophisticated in USE of technology, but not necessarily in UNDERSTANDING how the technology works.

Again -- what are the implications?

1. The technology used needs to be highly intuitive do it doesn't NEED figuring out.
2. Students need ample instruction in how to use it (called "induction training"). As long as it is confucing or hard to use, it will reduce their motivation.
3. Teachers need to use scaffolding -- giving high levels of technology support early, but gradually lessening the support to encourage students to become more independent and able to solve problems.
4. As much as possible, the technology needs to be cross-platform, i.e. suitable tfor desktop computers, laptops, and smartphones. Of course, this is not always possible.  My broadcasting assignments need to be done with professional hardware and software to be effective, not Garage Band. But for example, our school's Learning Management System (the only system allowed for online instruction) is just finally being updated this year to be friendly to mobile devices.
5. Teachers need to guard against mobile devices as distractions in class.  They can add to the classroom experience, such as for quick research during class discussion. But whenever a student blanks a screen or minimizes a window when the teacher walks up, you can bet that the device has been a distraction, not an learning aid.  This can be challenging because students resent being told they cannot text message during class, etc.  

I think that my particular Electronic Media program does a pretty good job of teaching the technology in a way that is not too intimidating and builds complexity step-by-step in reasonable increments.  And we'll need to, because we have new hardware and software we'll need to start using the first week.

What's this blog really about?

August is when school starts again for me, and the end of July seems like a reasonable time to reflect on the status and goals of my blog.

As it turns out, I have been making a lot of posts about politics recently, but that is not my MAIN intent with this blog.  My intent is to post as an observer -- of life and culture and things that interest me.

Why does "the media" keep "attacking" Trump?

In fact, there is no such thing as "the media" and they are not "attacking" the Trump administration.

"The media" is not some monolithic bloc with a mind if its own. There are organizations that use media and advocacy.  Some of them attack and some of them defend any given political viewpoint, using posts that resemble news stories, except for the advocacy.

But the point of THIS post is to examine the operation of the professional journalistic media organizations, and why THEY keep reporting on possible wrongdoing by Trump and friends.

You Can't Play Music in Podcasts

Podcasts are programs intended to be downloaded and listened to off-line.  They are growing in popularity, but the general public, and some podcast producers, don't understand why it is illegal play music in a podcast.  

No Action Against Colbert

Photograph: Michael Loccisano/Getty Images

The Federal Communications Commission has announced that there was "nothing actionable" about Stephen Colbert's off-color joke about Donald Trump and Vladimir Putin, which is no surprise.

Read on for an explanation of why.

Running Government Like a Business: Not

I have long thought that the idea of "running government like a business" is a fallacy, because they are not the same things. Their reasons for existing are different and as a result their ways of doing business need to be different.

The Role of the ACLU

I am sure that there is a segment of Americans that is vexed with the ACLU right now, but the ACLU serves a vital role which every democracy needs.

Scammed Again

The news media got hoodwinked again this weekend.

The REAL story Saturday was millions of people turning out to advocate against promised policy initiatives of the Trump Administration.

The Trump Administration successfully turned the news cycle around to be about accuracy in media reporting.

Legitimacy vs. Credibility

I'm worried more about credibility than legitimacy, when it comes the presidency of Donald Trump. What do I mean by that?

Trump Cups - Bletch

This USA Today story illustrates the self-contradictory campaign of Donald Trump supporters to spend money with Starbucks, but get the baristas to shout the name "Trump" when the order is ready.

In my opinion, fast food restaurants should be shouting out the order number, not somebodies name or food items ordered.

Please, protect the privacy of all of your customers!