Latest / Stuff You Should Know / How Freedom of the Press Works
Transcript
- 0:01Speaker 1: Welcome to Stuff you should know, a production of I
- 0:04Speaker 1: Heart Radio. Hey, and welcome to the podcast. I'm Josh,
- 0:13Speaker 1: and there's Chuck and Jerry's here too, and this is
- 0:15Speaker 1: stuff you should know constitutional uh Professor's edition. All right.
- 0:24Speaker 1: It was the best I could come up with on
- 0:25Speaker 1: such short notis I only had a couple of days
- 0:27Speaker 1: to think of it. Yeah, this one was sort of
- 0:29Speaker 1: depressing for me. Yeah. Yeah, because we're talking about freedom
- 0:38Speaker 1: of the press, and while we have that in the
- 0:41Speaker 1: United States, I mean, I guess we can go ahead
- 0:45Speaker 1: and spoil a little bit. If you look at rankings
- 0:48Speaker 1: of freedoms of the press is worldwide, we're not near
- 0:52Speaker 1: the top of that list, my friend. No, the UM
- 0:56Speaker 1: Reporters without Borders. It's a French organization. They um they
- 1:01Speaker 1: basically rate um the uh the press freedoms I guess
- 1:07Speaker 1: in a hundred and eighty different countries as either as
- 1:10Speaker 1: either hot or not and wore it best, right, So um,
- 1:16Speaker 1: that's basically the state of the press anyway. So UM,
- 1:19Speaker 1: the United States is number forty four. It's actually down
- 1:25Speaker 1: to two slots. It used to be forty two for
- 1:28Speaker 1: a few years before that. So um, if you want
- 1:31Speaker 1: to know more about that. Check out the World Press
- 1:34Speaker 1: Freedom Index because it goes into a lot more detail.
- 1:37Speaker 1: And who's number one? Of course Number one is Finland, right, yeah,
- 1:42Speaker 1: I mean the top five is riddled with countries in
- 1:46Speaker 1: that area as always, Sweden, Denmark, Costa Rica, get it
- 1:51Speaker 1: all right, Costa Rica. That was a wild card, but
- 1:53Speaker 1: good for them. Yeah, but it's it's nice to see. Yeah,
- 1:55Speaker 1: hats off Costa Rica. But yeah, it's like you said,
- 1:58Speaker 1: in the United States, we absolutely, without question have guaranteed
- 2:02Speaker 1: freedom of the press, but in practice it's a much
- 2:06Speaker 1: much different thing. Altogether. There's a lot of different ways
- 2:10Speaker 1: that the press can be limited in what it says, uh,
- 2:14Speaker 1: for for good or bad. I mean, there are definitely
- 2:16Speaker 1: times where it's like, yeah, that's that's not really anything
- 2:19Speaker 1: anyone needs to know about necessarily, especially like say reporting
- 2:23Speaker 1: on the failings of a private citizen or something like that.
- 2:26Speaker 1: But um, overall, the idea of a press reporting um
- 2:32Speaker 1: of like a journalism that that is like just able
- 2:36Speaker 1: to really get to the heart of a matter and
- 2:39Speaker 1: explain it without restriction on what it says or how
- 2:41Speaker 1: it explains it or what it talks about. It's really
- 2:44Speaker 1: really important and we definitely equate it with democracy. It's
- 2:48Speaker 1: like one of the pillars of a free society is
- 2:51Speaker 1: a free press. And we also kind of trace a
- 2:54Speaker 1: chuck back to the First Amendment, UM, and it definitely
- 2:57Speaker 1: was enshrined there. But even after the First Amendment was
- 3:00Speaker 1: created in the Bill of Rights in UM, America was like, okay,
- 3:05Speaker 1: we we put that in there. Let's just forget about
- 3:08Speaker 1: it for a century or so. Yeah, I mean, it's
- 3:10Speaker 1: it's been what Paul McCartney would call a long and
- 3:13Speaker 1: winding road. Okay, that's a song by the Beatles, by
- 3:16Speaker 1: the Way I Got You. I figured that from context
- 3:20Speaker 1: they've never heard it. I also figured from context that
- 3:23Speaker 1: I probably wouldn't like that song. That's a great song.
- 3:25Speaker 1: Uh So should we go back in time and sort
- 3:28Speaker 1: of poke around at the beginnings? Yeah, because it's not
- 3:31Speaker 1: like America came up with that, right, No, of course not.
- 3:35Speaker 1: Uh what I love like kind of one of my
- 3:37Speaker 1: favorite things every time we talk about UM the beginnings
- 3:41Speaker 1: of the printed word is the fact that and this
- 3:44Speaker 1: was starting in the fifteenth century when the printing press
- 3:47Speaker 1: became a big thing, like and one of the reasons
- 3:51Speaker 1: for creating their printing press like, some of the very
- 3:53Speaker 1: first things were people writing about and writers were usually
- 3:59Speaker 1: also printers, but people writing about criticisms of either the
- 4:03Speaker 1: church or the government. A lot of times those were
- 4:06Speaker 1: kind of one and the same, and it was it's
- 4:08Speaker 1: just kind of cool to look back and think all
- 4:11Speaker 1: the way back then. One of the big reasons the
- 4:13Speaker 1: printed word existed and became so widespread was so people
- 4:18Speaker 1: could talk to one another when they had a you know,
- 4:21Speaker 1: sometimes despotic government looming over them. Yeah. So if you
- 4:25Speaker 1: were the head of a despotic government, um, with a
- 4:28Speaker 1: suddenly printing press in your country, you wanted to try
- 4:32Speaker 1: to limit that as much as you can. So I
- 4:34Speaker 1: wanted to destroy that printing press from right right exactly. UM.
- 4:37Speaker 1: So you would have laws that basically said, no one
- 4:40Speaker 1: can release a book until the government has read it
- 4:43Speaker 1: and signed off on it. UM. Laws like that they
- 4:45Speaker 1: are also criminal laws. UM. I believe in England there
- 4:50Speaker 1: was um uh seditious libel and blasphemous libel, and libel
- 4:56Speaker 1: was basically not exactly liabel as we understand it today.
- 4:59Speaker 1: It was if you say anything mean or bad or
- 5:03Speaker 1: critical of either the government or the church, even if
- 5:06Speaker 1: it's true you can go to jail for that even
- 5:10Speaker 1: if it's true. Yeah, factual printing, factual things, Yeah, which
- 5:13Speaker 1: is so contrary to the concept of you know, any
- 5:17Speaker 1: kind of freedom, especially freedom of speech or freedom of
- 5:19Speaker 1: the press as we understand it today. But that was
- 5:22Speaker 1: that was just kind of how things were for a
- 5:24Speaker 1: good century or so after the printing press was created. Yeah,
- 5:28Speaker 1: and one of the big turning points. And these guys
- 5:31Speaker 1: really it's amazing how how like hard they nailed it
- 5:36Speaker 1: so long ago. But there were these essays named John
- 5:39Speaker 1: Trenchard and Thomas Gordon who wrote for in the American
- 5:45Speaker 1: Colonies Britain's American Colonies between the seventeen early seventeen twenties.
- 5:49Speaker 1: I guess it was all in the early seventeen twenties,
- 5:51Speaker 1: and they wrote under a pseudonym what was called the
- 5:54Speaker 1: cape Cato's Letters and named after obviously the Roman statesman.
- 5:59Speaker 1: But they really nailed the fact right out of the
- 6:03Speaker 1: gate that like free speech is an essential thing and
- 6:07Speaker 1: citizens being able to like communicate with one another. And
- 6:12Speaker 1: you know, of course back then it was like you know,
- 6:14Speaker 1: a letter that you would print up and and nail
- 6:17Speaker 1: upon a wall, or you would have chained letters that
- 6:19Speaker 1: people would forwage one another. It was sort of like
- 6:22Speaker 1: they're forwarding an email back then. But the people, the
- 6:25Speaker 1: citizenry of the world needed to be able to speak
- 6:29Speaker 1: to one another about their grievances and not have their
- 6:32Speaker 1: voices squashed. I think they even uh they talked about libel.
- 6:36Speaker 1: They said, it's wrong to criticize private and personal failings,
- 6:40Speaker 1: even of public figures. And citizens must be free to
- 6:43Speaker 1: discuss officials actions when they affect people. And this wasn't
- 6:47Speaker 1: a notion like I think you sent me that extra
- 6:50Speaker 1: thing that said, like prior to this, the notion of
- 6:53Speaker 1: free speech wasn't even like a political rallying cry. No,
- 6:57Speaker 1: it just wasn't a thing like you can basically say
- 6:59Speaker 1: that trend. Tridan Gordon essentially made it up or or
- 7:04Speaker 1: put better. They discovered it, you know, the importance of it,
- 7:08Speaker 1: and they the importance that they placed on it was
- 7:10Speaker 1: twofold one. They said, people need information because the more
- 7:14Speaker 1: information you give the general public, the better the decisions
- 7:17Speaker 1: that they're going to make are. And in a democracy,
- 7:19Speaker 1: if you're letting the general public vote on stuff, they
- 7:22Speaker 1: need they need to be informed. You just can't keep
- 7:24Speaker 1: a lid on on facts. And then the other thing
- 7:28Speaker 1: that they said too that was really really important is
- 7:30Speaker 1: they said free speech is so important that even the
- 7:34Speaker 1: person whose opinions you disagree with has should have freedom
- 7:38Speaker 1: of speech. And that was a mind blowing new concept
- 7:42Speaker 1: because in the Colonies prior to that, it was a
- 7:45Speaker 1: lot like it is today. I should have free speech,
- 7:47Speaker 1: but if I don't agree with you, you shouldn't. Yeah,
- 7:50Speaker 1: And I feel like this stuff really hits home for
- 7:53Speaker 1: me and for us as a show, because even though
- 7:55Speaker 1: we're not journalists and we never claim to be, we're
- 7:58Speaker 1: not a new show. I feel like we always championed
- 8:01Speaker 1: the idea of like knowledge is power. Kind of going
- 8:04Speaker 1: back to the kids. What was that was that kids
- 8:07Speaker 1: in the hall? Now, I feel like it was a
- 8:12Speaker 1: kid's educational knowledgeist power? Is it? Say by the belt?
- 8:17Speaker 1: That's what it was. Screech said that at the end
- 8:19Speaker 1: of every episode. Um, no, you're talking about the more
- 8:22Speaker 1: you know? Now, I'm talking about the literally knowledgeist power
- 8:25Speaker 1: is it? It might have been uh schoolhouse Rock, it
- 8:30Speaker 1: might have been one of their things. But anyway, this
- 8:32Speaker 1: just hit home for me because I feel like we've
- 8:33Speaker 1: always tried to be a show that we get stuff
- 8:36Speaker 1: wrong here and there, but we try to spread facts
- 8:39Speaker 1: about things, and it's not news, he related always sometimes
- 8:42Speaker 1: it is, but just about the world. Like the more
- 8:45Speaker 1: you know, the better off you are as a human. Yeah,
- 8:48Speaker 1: Like I said, the more you know with a star over.
- 8:51Speaker 1: A big early victory legally speaking, came in seventeen thirty five.
- 8:57Speaker 1: There was again a journalist who was also a prey.
- 9:00Speaker 1: Her name John Peter Zinger. He's he's he's really good
- 9:04Speaker 1: with a joke at a cocktail party. That's where that
- 9:07Speaker 1: comes from. Hey, that was his catch friend. Uh, so
- 9:12Speaker 1: he was printing attacks on I believe it or not.
- 9:16Speaker 1: William Cosby was the guy's name. Cosby's are always up
- 9:19Speaker 1: to something. Yeah, I don't think he went by Bill,
- 9:21Speaker 1: but uh this was the colony's governor, New York's governor
- 9:25Speaker 1: at the time, and he was arrested, jailed for liabel
- 9:29Speaker 1: for about ten months, and managed to beat the rap
- 9:33Speaker 1: at the trial. Even though that he was acquitted. It's
- 9:36Speaker 1: kind of confusing because he was a critic acquitted on
- 9:38Speaker 1: the grounds that he was printing factual things. But as
- 9:41Speaker 1: we said before, like even if you were printing factual things,
- 9:44Speaker 1: that didn't matter this particular jury just chose to ignore that. Yeah,
- 9:48Speaker 1: jury nullification. They said, we think this law is wrong.
- 9:51Speaker 1: They were convinced of it by a guy named Andrew
- 9:53Speaker 1: Hamilton's who became Zenger's lawyer after his first two lawyers
- 9:59Speaker 1: were disbarred from by the judge in the case for
- 10:02Speaker 1: questioning the judges conflict of interest. And it was like
- 10:06Speaker 1: quite a conflict of interest, Chuck. The whole thing was
- 10:08Speaker 1: over the removal of a judge that Governor Cosby found troublesome,
- 10:15Speaker 1: and his replacement was the judge that was hearing this
- 10:18Speaker 1: case trying the guy who printed stuff about how corrupt
- 10:23Speaker 1: that movement, that removal of the judge was. That's how
- 10:26Speaker 1: screwed up this case was. And the the Andrew Hamilton's
- 10:29Speaker 1: still managed to get the jury to ignore the law
- 10:32Speaker 1: and to quit Zenger, which was a huge deal. It
- 10:35Speaker 1: didn't immediately like open the floodgates and now all of
- 10:37Speaker 1: a sudden there was just press freedom everywhere, but it
- 10:40Speaker 1: definitely laid a foundation or helped build on the foundation
- 10:44Speaker 1: that Trenchard and Gordon had first elucidated. Um, you know,
- 10:48Speaker 1: just a few decades before and this is a few
- 10:51Speaker 1: years after that chuck um. Sweden, I guess heard about
- 10:54Speaker 1: all of the hubbub going on in the American colonies
- 10:57Speaker 1: and said, um, we want to be first first. Sweden
- 11:01Speaker 1: likes to to do that and comments on the internet
- 11:03Speaker 1: they just right first everywhere. Yeah, they said, yeah, sure,
- 11:09Speaker 1: that'sn't it wrong to say? Surely the Swedes have a
- 11:11Speaker 1: good sense of humor about that, Right, we'll find out.
- 11:14Speaker 1: Maybe do we have listeners there? Sure? All right, I
- 11:17Speaker 1: don't know that we've ever don't remember any emails from
- 11:20Speaker 1: Sweden when we call them the Dozen, but yeah, the Dozen,
- 11:23Speaker 1: the dirty dozen. Although they're very clean people, that's right,
- 11:25Speaker 1: the fastidious doesn't. So yeah, this was in December seventeen
- 11:30Speaker 1: sixty six. They were the first country to pass the
- 11:33Speaker 1: Free of Freedom of Press Act. But it wasn't all
- 11:36Speaker 1: that was cracked up to be. Uh, they still censor things.
- 11:40Speaker 1: They basically put the onus on the publishers instead of
- 11:44Speaker 1: the government to censor things. So, you know, good for
- 11:47Speaker 1: you in a way, Sweden. But this is just part
- 11:49Speaker 1: of that long and winding road. But but one thing
- 11:51Speaker 1: that that act also did was, um, say, if you're
- 11:54Speaker 1: a citizen of Sweden, you have a right to access
- 11:57Speaker 1: government documents to see what your government's doing. So in
- 12:01Speaker 1: one way it was not at all helpful. In another way,
- 12:03Speaker 1: it was pretty sweeping, you know. And then Virginia um said,
- 12:09Speaker 1: all right, well, Sweden was first in the world, we
- 12:11Speaker 1: want to be first in the in the colonies. I
- 12:14Speaker 1: guess the States because they know I guess it would
- 12:17Speaker 1: have been the colony still because they came up with
- 12:20Speaker 1: um part of their charter, or they made amendment to
- 12:23Speaker 1: their charter that said, Um, we really like what Trenchard
- 12:27Speaker 1: and Gordon came up with, we like what Zinger stood for,
- 12:30Speaker 1: and um, we're gonna include the idea that quote, freedom
- 12:33Speaker 1: of the press is one of the greatest bullworks for
- 12:35Speaker 1: liberty and that can never be restrained but by despotic governments.
- 12:40Speaker 1: So they're saying, like, if you have freedom of the press,
- 12:43Speaker 1: freedom of spree, speech like that will actually defend liberty
- 12:47Speaker 1: by holding despotism at bay. Because if people know, and
- 12:51Speaker 1: this is the basis of all this, chuck, if people
- 12:54Speaker 1: know what's going on, they will hold people to account.
- 12:57Speaker 1: If people don't know what's going on, people who are
- 13:01Speaker 1: attracted to power tend to go um toward the dark side. Yeah,
- 13:07Speaker 1: I mean that's really it. It's it's again, knowledge is
- 13:10Speaker 1: power if you and well we'll get to all that,
- 13:12Speaker 1: because there are certain nations of the world that don't
- 13:14Speaker 1: do that, and we'd see it playing out all the time. Uh.
- 13:18Speaker 1: The U s A. You know, you think when we
- 13:21Speaker 1: got the First Amendment going on, that hey, it's all
- 13:25Speaker 1: it's all great now, But as you hinted at earlier,
- 13:28Speaker 1: it would be a hundred plus years until they were
- 13:31Speaker 1: truly sort of like protections for the press. Uh. Seven
- 13:36Speaker 1: years after the First Amendment was born, it was just
- 13:39Speaker 1: a little baby in first or second grade. Uh, Congress
- 13:43Speaker 1: pass the Sedition Act of s and uh, you know,
- 13:49Speaker 1: said we can deport you, we can find you, we
- 13:50Speaker 1: can imprison you if you publish false, scandalous or malicious writing.
- 13:55Speaker 1: And you know, scandalous and malicious are very broad terms
- 14:00Speaker 1: to use when you're saying, like you, if you print
- 14:02Speaker 1: that against the federal government, then that's you know, something
- 14:04Speaker 1: we can do bad things to you for. Uh. And
- 14:08Speaker 1: it just lasted a few years, that particular act, but
- 14:12Speaker 1: it would come up again later on in a different form, right.
- 14:16Speaker 1: And also just um a little tidbit on that that
- 14:19Speaker 1: act was passed by the Federalists who were in power,
- 14:22Speaker 1: they had the White House and Congress, um, and they
- 14:26Speaker 1: passed that act in part to um hold that power,
- 14:29Speaker 1: to maintain that power, to keep from being criticized in
- 14:32Speaker 1: the press. And apparently, um, the early Americans found out
- 14:35Speaker 1: about this what was going on, and they disliked that
- 14:39Speaker 1: law so much that they actually voted the Federalists side
- 14:41Speaker 1: of office. And that's how Jefferson became president. That's right,
- 14:45Speaker 1: that's a little yeah and backfired. That's what happens when
- 14:48Speaker 1: you try to put a strangle on the power. The
- 14:51Speaker 1: people say nay. People say nay, and I say, let's
- 14:54Speaker 1: take a break. Okay, let's get those dinner party invitations
- 14:58Speaker 1: going and get Zinger on the list, and we'll be
- 15:01Speaker 1: right back. All right, we need to talk a little
- 15:23Speaker 1: bit about the Supreme Court of the United States, because
- 15:26Speaker 1: here's where it all really begins. Yeah, they factor in
- 15:29Speaker 1: obviously pretty large here at um Well I mentioned this
- 15:34Speaker 1: Edition Act. There was another Sedition Act that came along
- 15:37Speaker 1: in nineteen eighteen, which again criminalized a lot of political speech.
- 15:42Speaker 1: And this is pretty broad as well. It was a
- 15:45Speaker 1: crime to willfully utter, print, right or publish disloyal very vague, profane,
- 15:52Speaker 1: not as vague, uh scirrel us super vague or abusive language,
- 15:56Speaker 1: a little bit vague about the form of government of
- 16:00Speaker 1: United States, or to speak out against war. And they
- 16:04Speaker 1: you know, they went after people. They prosecuted uh close
- 16:07Speaker 1: to two thousand people under the Sedition Act uh and
- 16:10Speaker 1: the Espionage Act, and the Supreme Court upheld some of these,
- 16:14Speaker 1: but it at least got them talking. Yeah. So that's
- 16:17Speaker 1: a really critical thing is the Supreme Court at the
- 16:19Speaker 1: time was like, we generally agree with that law. But
- 16:23Speaker 1: all of this, all these cases that were reaching the
- 16:26Speaker 1: Supreme Court at the time about you know, freedom of speech. Um. Yeah,
- 16:31Speaker 1: like you said, it got them talking. And in particular,
- 16:33Speaker 1: Justice Oliver Wendell Holmes and Justice Lewis Brandeis kind of
- 16:37Speaker 1: banded together and brought their their rather considerable um juristic
- 16:43Speaker 1: minds to bear on the idea of um, free speech
- 16:47Speaker 1: and freedom of the press and like what that meant
- 16:50Speaker 1: and what protections it should have, And they used their
- 16:53Speaker 1: tenure on the Supreme Court to basically establish precedent in
- 16:57Speaker 1: the United States that said, everything you understand about freedom
- 17:01Speaker 1: of speech and freedom of the press, uh, we're going
- 17:04Speaker 1: to basically enshrined together through some basically opinions, not even
- 17:08Speaker 1: necessarily like um to sending opinions. Sometimes they appended their
- 17:13Speaker 1: support for you know, um upholding somebody being um uh
- 17:18Speaker 1: convicted under the sedition actor espion object. But they would
- 17:22Speaker 1: say things like, you know, um, if you if you
- 17:26Speaker 1: put people out there and let them talk, you're going
- 17:30Speaker 1: to have like an exchange of ideas, and the best
- 17:33Speaker 1: ideas are going to bubble to the top. And so
- 17:36Speaker 1: this whole idea of freedom of speech that led up
- 17:39Speaker 1: to Oliver Wendell Holmes that it was a personal liberty
- 17:43Speaker 1: that you were guaranteed into democracy. They said, yeah, true.
- 17:47Speaker 1: In addition to that, it's actually a common good if
- 17:50Speaker 1: you have free speech, because us the best idea can
- 17:54Speaker 1: be compared and compete against rival ideas, and the one
- 17:58Speaker 1: that suits society best can win the day because it's
- 18:02Speaker 1: been debated and hashed out in the marketplace of ideas.
- 18:06Speaker 1: Right and Holmes champion the marketplace of ideas idea, But
- 18:11Speaker 1: that was originally uttered by another justice right, yeah, William O.
- 18:16Speaker 1: Douglas back in the fifties, so about forty years after that.
- 18:19Speaker 1: But a lot of people credit Oliver Wendell Holmes for
- 18:22Speaker 1: for coming up with that. Yeah, he just liked to
- 18:24Speaker 1: wear it on his on his robe, on the back
- 18:26Speaker 1: of his robe in Rhyinstone. Oh man, that'd be nice. Uh.
- 18:32Speaker 1: So ur comes another big milestone. Supreme Court heard New
- 18:37Speaker 1: York Times v. Sullivan and this was this was pretty
- 18:42Speaker 1: interesting and this was boy, this was a big one
- 18:44Speaker 1: because this is where we finally got the idea that
- 18:48Speaker 1: libel isn't just a word that means you said something mean.
- 18:53Speaker 1: Libel means that you you had actual malice behind it.
- 18:56Speaker 1: And that is still the standard by which we judge libel. Uh.
- 19:00Speaker 1: This was an ad in nineteen sixty uh in the
- 19:03Speaker 1: New York Times. It was run by the UH it
- 19:05Speaker 1: was or I guess paid for by civil rights advocates,
- 19:09Speaker 1: and it was criticizing officials in the South for violating
- 19:12Speaker 1: civil rights. But it had a few um factual inaccuracies
- 19:16Speaker 1: inaccuracies in there, one of which was how many times
- 19:20Speaker 1: uh Dr Martin Luther King Jr. Had been arrested. So
- 19:23Speaker 1: they didn't take kindly to that down there. Uh. There
- 19:26Speaker 1: was a police commissioner in Alabama that filed the defamation lawsuit.
- 19:30Speaker 1: Alabama Supreme Court agreed with him, But then the U. S.
- 19:33Speaker 1: Supreme Court went on to overturn that ruling with just
- 19:37Speaker 1: a milestone majority opinion, which was, you know, actual malice
- 19:42Speaker 1: has to be approven, and it's on you to prove
- 19:45Speaker 1: that they meant to have malice. And that is was
- 19:48Speaker 1: a huge, huge and continues to be a huge deal. Yeah,
- 19:51Speaker 1: because prior to that, it was, you know, up to
- 19:54Speaker 1: this this decision, if you said anything wrong and there
- 19:57Speaker 1: was any kind of factual er in that you were
- 19:59Speaker 1: at at fault, and that would have an enormous chilling
- 20:02Speaker 1: effect on the press. And and that's a huge deal.
- 20:07Speaker 1: That's like part and parcel with protecting press freedom is
- 20:11Speaker 1: to also guard against a chilling effect that can happen
- 20:14Speaker 1: where that that kind of comes about when things are unclear,
- 20:18Speaker 1: when you're not quite certain of where the line is
- 20:20Speaker 1: or anything like that, people start to kind of c
- 20:23Speaker 1: o a, you know, And so they prevented that by
- 20:27Speaker 1: saying no. Now it's on the person who has supposedly
- 20:30Speaker 1: been defamed to prove that that person willfully reported facts
- 20:35Speaker 1: that they knew were wrong. Then you've got slandered, then
- 20:39Speaker 1: you've got liabel. But up to that point, if you
- 20:42Speaker 1: can't prove that, then you're you're in the clear press. Yeah,
- 20:45Speaker 1: and here's the thing, like this was a big deal
- 20:48Speaker 1: because humans make mistakes. I think there's been none. I
- 20:52Speaker 1: think it's pretty clear. Over the past, oh, I don't know, uh,
- 20:56Speaker 1: five years or so, there's been this notion that the
- 21:00Speaker 1: press purposefully gets things wrong to to back up whatever
- 21:04Speaker 1: opinion they have on something. And by and large, journalists
- 21:09Speaker 1: in the United States do have integrity and and they
- 21:13Speaker 1: want true journalists, not you know, entertainment journalism, but true
- 21:16Speaker 1: journalists want to get things right because their reputation is
- 21:19Speaker 1: at stake, and the publications they work for their reputation
- 21:23Speaker 1: as at stake. And you were a journalist for a while.
- 21:26Speaker 1: I was a journalist for a while. You want to
- 21:28Speaker 1: get the stuff right. And if you don't, you can't
- 21:31Speaker 1: have a law hanging above you. What you do is
- 21:34Speaker 1: you make it right, and you print retractions and say,
- 21:36Speaker 1: I goofed up. But uh, it's just it's Yeah, I
- 21:41Speaker 1: can't stay on the soapbox because of like onion juice
- 21:45Speaker 1: will start squirting out of my pores. Yeah, I'm sure that. Wow,
- 21:50Speaker 1: that was really growsy. I was trying to think of
- 21:53Speaker 1: something disgusting that. Yeah, I think, well you nailed it
- 21:56Speaker 1: on the head, Charlis. That was really good work. Um yeah.
- 22:01Speaker 1: The problem with that though, the last part that you
- 22:03Speaker 1: hit upon is the retraction and saying you goofed up.
- 22:05Speaker 1: Those are a few and far between and when they
- 22:07Speaker 1: are done there. Yeah, so there's like not enough effort
- 22:12Speaker 1: to restore someone's good name if it's been besmirched, to
- 22:18Speaker 1: to get all nineteenth century on on you, um, you know,
- 22:22Speaker 1: through retractions, through things like that, and like making an
- 22:24Speaker 1: effort to say, hey, we actually really got this wrong. Um.
- 22:29Speaker 1: You know. I think it's gotten better at the on
- 22:31Speaker 1: the with the Internet because it's printed below the article
- 22:35Speaker 1: that got it wrong. Initially they'll say that this was incorrect,
- 22:38Speaker 1: so it's gotten way better. But back in the days
- 22:41Speaker 1: of print only um or even network TV, like, those
- 22:44Speaker 1: retractions were just so far separated from the actual error
- 22:48Speaker 1: that they might as well just not connected them at all.
- 22:52Speaker 1: Uh So, what let's talk a little bit about the
- 22:55Speaker 1: Pentagon papers because that was another I feel like I
- 22:58Speaker 1: had an extra P in there. Didn't say Pentapon today No, okay,
- 23:03Speaker 1: it's I can't get pessling in juice? Why did that
- 23:06Speaker 1: come out of my mouth. That was so weird. It
- 23:09Speaker 1: came out of your mouth, your poor, your ears, my god,
- 23:12Speaker 1: your h oh boy. Uh yeah, let's talk about the
- 23:15Speaker 1: Pentagon papers in seventy one. What was that all about? Well? So, uh,
- 23:20Speaker 1: what was his name? The Ford exact? Who was will
- 23:23Speaker 1: you McNamara. He was the fog of War guy. Right.
- 23:28Speaker 1: He ordered um like basically a forty seven volume exhaustive
- 23:33Speaker 1: investigation in history of the United States involvement in Vietnam
- 23:36Speaker 1: from World War Two onward. I think this was the
- 23:39Speaker 1: sixties up to the late sixties, early seventies. And there
- 23:43Speaker 1: was this researcher who worked on it for the Pentagon.
- 23:46Speaker 1: His name is Daniel Ellsberg. He was super into the
- 23:49Speaker 1: idea that the United States was fighting the good fight
- 23:52Speaker 1: in Vietnam. But the more he helped compile this and
- 23:54Speaker 1: the more like of the horrors and the atrocities that
- 23:58Speaker 1: he saw, uh, he became really um he became a
- 24:03Speaker 1: conscientious objector in a way. He turned into a whistleblower
- 24:06Speaker 1: and handed over this super secret classified volume document to
- 24:12Speaker 1: the New York Times. We started publishing articles on it,
- 24:15Speaker 1: that's right, And the US Department of Justice originally got
- 24:19Speaker 1: a temporary restraining order saying you can't do this. Uh,
- 24:24Speaker 1: you know it boils down to national security basically. And
- 24:27Speaker 1: then we get the case the New York Times Company, Uh,
- 24:31Speaker 1: the United States quite a foe. And the Supreme Court said,
- 24:37Speaker 1: in a six three ruling, you know, you, United States,
- 24:41Speaker 1: you didn't prove that these articles harmed national security. And
- 24:46Speaker 1: these are in fact protected under the First Amendment. And
- 24:49Speaker 1: not only that, just Justice Potter Stewart wrote these very
- 24:53Speaker 1: wise words, the only effective restraint upon executive policy and
- 24:57Speaker 1: power in the areas of national defense and international affairs
- 25:01Speaker 1: may lie in again, and an enlightened citizenry and an informed,
- 25:06Speaker 1: in critical public opinion, which alone can here protect the
- 25:10Speaker 1: values of democratic government. Right. And so you can see
- 25:14Speaker 1: from Justice Potter Stewart's um like little note basically is
- 25:20Speaker 1: opinion when the government, when the government brings cases like these,
- 25:25Speaker 1: it really opens itself up for the Supreme Court to
- 25:28Speaker 1: tee off on free speech and um and freedom of
- 25:31Speaker 1: the press. And there's a good example, um of the
- 25:35Speaker 1: government not doing that, to not set of self up
- 25:38Speaker 1: so that it can it can keep that lyne blurry,
- 25:41Speaker 1: so that it can create a chilling effect with journalists.
- 25:44Speaker 1: And that's with the fact that they've never prosecuted a
- 25:47Speaker 1: journalist for publishing leaked information. By not doing that, they've
- 25:53Speaker 1: never set themselves up for the Supreme Court to say, irrefutably, yes,
- 25:57Speaker 1: journalists can do this. Journalists don't worry about that anymore.
- 26:00Speaker 1: You can't be prosecuted for that. The fact that no
- 26:03Speaker 1: one ever has means that there's still a possibility that
- 26:06Speaker 1: with the right case, the government could get you. You
- 26:08Speaker 1: could go to prison, even though you know, generally the
- 26:12Speaker 1: way that things go is you're not even prosecuted. It's
- 26:14Speaker 1: not viewed as illegal, but there's no precedent. So by
- 26:17Speaker 1: not setting a precedent either way, the government has that
- 26:21Speaker 1: threat of of prosecuting you hanging over journalists heads, and
- 26:25Speaker 1: it makes some journalists think twice before accepting, you know,
- 26:28Speaker 1: leaked in classified materials. Um, I guess you know, we
- 26:33Speaker 1: kind of teased earlier that some nations are uh I
- 26:37Speaker 1: guess you could say a bit more threatening than others
- 26:39Speaker 1: or controlling. UM. China obviously is a country that um,
- 26:44Speaker 1: you know, in their constitution they technically include the right
- 26:48Speaker 1: to freedom of the press, but it is a country
- 26:50Speaker 1: that is so highly regulated under the thumb of their
- 26:54Speaker 1: Communist Party that they just squash reports, they stop things
- 26:58Speaker 1: from running. Uh, they everything to them. It seems like
- 27:01Speaker 1: falls under the banner that it would harm the country.
- 27:05Speaker 1: And you know the Great Firewall. While we've talked about before.
- 27:08Speaker 1: I don't even think our podcast is available there if
- 27:10Speaker 1: I'm not mistaken, right, I don't know when it wasn't,
- 27:14Speaker 1: I don't I don't know, Uh probably won't be after today.
- 27:18Speaker 1: And this, you know, some have argued that there is
- 27:22Speaker 1: now a nation of young people, not all of them,
- 27:27Speaker 1: but a lot of them that have bought into this,
- 27:29Speaker 1: and that this has had the exact effect that China
- 27:32Speaker 1: wants to have, and that they believe the Communist Party's
- 27:35Speaker 1: propaganda machine, and they'll report their professors, they will report
- 27:40Speaker 1: on their their friends or family if they deviate from
- 27:42Speaker 1: that party line. And uh, it's it's scary, man. Yeah,
- 27:47Speaker 1: And there's um um. Olivia helps us with this, and
- 27:50Speaker 1: she cited a researcher from China, ya Qui Wang, who
- 27:56Speaker 1: um just you know, a good decade before today, was
- 28:02Speaker 1: you know, studying in China and was free on the
- 28:05Speaker 1: internet and social media to criticize the government, to to
- 28:08Speaker 1: trade ideas, that kind of thing, and because of activities
- 28:12Speaker 1: like hers, the Communist Party said no, we cannot allow that,
- 28:16Speaker 1: And in just a decade they've managed to completely transform
- 28:20Speaker 1: the minds of the younger generation in China from what
- 28:23Speaker 1: what from what our media tells us. Yeah, and then
- 28:26Speaker 1: you know, obviously the same thing has gone on and
- 28:29Speaker 1: is currently going on in Russia. Uh, notably with the
- 28:32Speaker 1: invasion of Ukraine. If you ask, you know, the Russian
- 28:36Speaker 1: state run medias is basically saying this is just a
- 28:40Speaker 1: limited military operation. We're trying to get the Nazis out
- 28:43Speaker 1: of Ukraine. And a lot of people buy that there.
- 28:46Speaker 1: You know, we're a handful of independent news sources. But
- 28:50Speaker 1: you know, because of uh murder and which which happens.
- 28:54Speaker 1: I think the UN says between two thousand and six
- 28:57Speaker 1: and more than twelve d journalists all over the world
- 29:01Speaker 1: have been killed and murdered for their reporting. Uh. Those
- 29:05Speaker 1: crimes went unpunished. So with that threat hanging over Russia,
- 29:09Speaker 1: the same effect has happened over there. There are a
- 29:11Speaker 1: lot of young people in Russia that that believe that
- 29:15Speaker 1: what's going on Ukraine is no big deal and fully justified. Well,
- 29:19Speaker 1: it's that's what happens when you have a government that
- 29:22Speaker 1: has a strangle hold on media and can just control
- 29:26Speaker 1: what you see or hear. There's just no other ideas
- 29:30Speaker 1: that can make their way in. It's it's really staggering.
- 29:34Speaker 1: It also makes you wonder like, gosh, you know what
- 29:36Speaker 1: all don't we know? Yeah? For sure? Uh? And you
- 29:41Speaker 1: know this is not me just going off on a
- 29:43Speaker 1: on an opinion I have. But in twenty nine we
- 29:46Speaker 1: had a president of these United States that publicly announced
- 29:50Speaker 1: and floated the idea of a state run media here
- 29:53Speaker 1: m hm hm. So the thing is, chuck, Um. If
- 29:59Speaker 1: you go if you look at the Chinese Constitution, you
- 30:01Speaker 1: will see that there is a right to um a
- 30:04Speaker 1: free press that it's in there. But they use the
- 30:08Speaker 1: Great Firewall of China called the Golden Shield there. Um.
- 30:11Speaker 1: The they use propaganda, UM, they use lawsuits things like
- 30:16Speaker 1: that I think you said, um to basically reverse that,
- 30:21Speaker 1: not on paper, just in practice. Right in the United States,
- 30:26Speaker 1: we have a very robust guarantee that's been supported time
- 30:30Speaker 1: and time and time and time again by the Supreme
- 30:32Speaker 1: Court by laws that protect people um in their right
- 30:36Speaker 1: to speak um. And we're still hashing it out. But generally,
- 30:41Speaker 1: we have a very free press in the United States.
- 30:44Speaker 1: The thing is, that's not to say that we have
- 30:47Speaker 1: a truly opaque and impartial press in the United States.
- 30:52Speaker 1: The press can still be limited in a number of
- 30:54Speaker 1: different ways, even without direct government intervention in their activities
- 31:00Speaker 1: and what they report on. All right, I think it's
- 31:02Speaker 1: a great cliffhanger. People are probably wondering what in the
- 31:05Speaker 1: heck is going on here, and we'll let you know
- 31:08Speaker 1: right after this. Okay, So um, that was a pretty
- 31:30Speaker 1: big cliffhanger. The horse went over the cliff with us
- 31:34Speaker 1: on it. How will we land, Chuck, how will we
- 31:38Speaker 1: land hopefully safely? All right? Well, how about this? Parachutes
- 31:41Speaker 1: for both? So really? Well what about the horse? Yeah,
- 31:46Speaker 1: for both the horse and nuts. Oh, we're sharing a parachute. No,
- 31:50Speaker 1: you and I are run a horse, right, we have
- 31:54Speaker 1: two parachutes the horse. The horse has one. Okay, so
- 31:58Speaker 1: parachutes for all all three of us are landing safely. Originally,
- 32:02Speaker 1: in my mind's eye, we were each on our own horse.
- 32:05Speaker 1: But then I thought it'd be fun to share horse. Yeah. Yeah,
- 32:07Speaker 1: it's like an oversized horse and I get to ride
- 32:10Speaker 1: them back. That means I want to hug you around
- 32:13Speaker 1: the waist like, that's totally fine. Um. The parachute, though,
- 32:18Speaker 1: for the horse, has to be much larger than easily
- 32:20Speaker 1: either of our parachutes. Is it larger size? It's larger
- 32:23Speaker 1: in it, and it obviously is attached between us because
- 32:26Speaker 1: we don't want to tip off, even though we have
- 32:28Speaker 1: our own parachute. We want to go down as a
- 32:31Speaker 1: nice little threesome. So the horses parachutes what connected around
- 32:35Speaker 1: like maybe like a girdle or something like that. And
- 32:37Speaker 1: then are our parachutes are connected to the horse's parachute? No, no, no,
- 32:42Speaker 1: I think how it works is I've seen this before.
- 32:45Speaker 1: The horse's parachute is integrated into the saddle. Okay, uh,
- 32:50Speaker 1: sort of between you and I. It's a two person saddle.
- 32:53Speaker 1: And then you and I have just regular parachutes, but
- 32:56Speaker 1: we are then also strapped to the horse and saddle,
- 33:00Speaker 1: so we're being supported by the horses parachute in addition
- 33:02Speaker 1: to our own parachutes. Yeah, we're kind of like the
- 33:04Speaker 1: backup okay, gotcha. Okay, So now that we've landed safely
- 33:09Speaker 1: and the horses trotting us along again. Um, A really
- 33:12Speaker 1: good example of indirect government intervention um and self censorship
- 33:19Speaker 1: of the press comes at times when there's like a
- 33:23Speaker 1: war or something, and a good example of that came
- 33:25Speaker 1: after nine eleven, where basically the entire United States media said,
- 33:32Speaker 1: what just tell us what to do? What do you
- 33:34Speaker 1: want from us government? We're going to completely just listen
- 33:37Speaker 1: because we're feeling particularly patriotic right now. Yeah, it's sort
- 33:42Speaker 1: of easy to forget that. But there was a from
- 33:46Speaker 1: University of Pittsburgh. There was a scholar there named Gordon
- 33:49Speaker 1: Or Mitchell who described that reporting as the a spiral
- 33:52Speaker 1: of self censorship. And I guess, you know, I just
- 33:56Speaker 1: didn't remember it that way. But when you look back
- 33:58Speaker 1: at things like Dan rather being on David Letterman, Dan
- 34:02Speaker 1: Rather uh and saying, George Bush is the president. Wherever
- 34:06Speaker 1: he wants me to line up, just tell me where
- 34:08Speaker 1: and he'll make the call. Will do whatever is our
- 34:11Speaker 1: patriotic duty, It's it's easy to kind of forget that
- 34:15Speaker 1: was a sentiment at the time, and everybody was was
- 34:18Speaker 1: lining up to say, hey, you got it? What what
- 34:22Speaker 1: do he want us to say? Yeah? I remember, um,
- 34:24Speaker 1: there was like a benefit concert with in a few
- 34:26Speaker 1: days of nine eleven for like the first responders, and
- 34:29Speaker 1: Richard Gear came out on stage and he he asked
- 34:32Speaker 1: everyone to please he knows that we're hurting, and he
- 34:36Speaker 1: knows that we're angry, but he's asking us to channel
- 34:39Speaker 1: all of this into into love, into a peace rather
- 34:44Speaker 1: than hatred. And he got booed off the stage by
- 34:48Speaker 1: everybody in New York at the time. And that was
- 34:51Speaker 1: totally sentiment, like people like Richard Gear didn't say things
- 34:54Speaker 1: like that, or nobody else after Richard Gear did, except
- 34:57Speaker 1: for apparently Bill Maher um who said something about He
- 35:01Speaker 1: said that, uh, um, you call it, say, well, say
- 35:04Speaker 1: what you will about it, but if you're on the
- 35:07Speaker 1: plane still when it hits the building, that's not cowardly.
- 35:09Speaker 1: And he had compared, you know, shooting cruise missiles into
- 35:12Speaker 1: another country as cowardly. And that was basically it for
- 35:16Speaker 1: Bill Maher's politically incorrect show after that. And it wasn't
- 35:19Speaker 1: like the government was saying Bill Maher, you're off the air, um,
- 35:23Speaker 1: Richer Gear, go make some terrible, a terrible string of
- 35:26Speaker 1: movies for a while as your punishment, Like that's not
- 35:29Speaker 1: what happened. Instead, it was like people saw that and
- 35:34Speaker 1: they were kind of repelled by it. It was so
- 35:36Speaker 1: far against like the group think at the time, so
- 35:39Speaker 1: outside of the general mood of like vengeance and hurt
- 35:44Speaker 1: that America was going through in the immediate wake of
- 35:46Speaker 1: nine eleven. That um that people just kind of were
- 35:51Speaker 1: compelled to fall in line by themselves. Like that's just
- 35:54Speaker 1: how how you were at the time. Yeah, I mean,
- 35:57Speaker 1: and you know, of course, when companies pull ad dollar
- 36:00Speaker 1: something like politically incorrect and go away very fast or
- 36:04Speaker 1: or at least give a TV network another reason to say, oh,
- 36:09Speaker 1: we canceled them because you know, we couldn't get any
- 36:11Speaker 1: ads on it right, right, So that was that's one example.
- 36:16Speaker 1: But then also, um, there's a really good um chiller,
- 36:23Speaker 1: I guess something that has a chilling effect because remember
- 36:25Speaker 1: it's really important aspect in a country that has a
- 36:28Speaker 1: nominally free press, but the press is still controlled and
- 36:33Speaker 1: you hit upon it. Advertisers and ad dollars, they really
- 36:37Speaker 1: have a genuine impact on what reporters and journalists feel
- 36:42Speaker 1: free to say, either directly like they're muzzled by like
- 36:45Speaker 1: their editors or their publishers, or they just know if
- 36:48Speaker 1: I report this fact about you know, my parent company,
- 36:52Speaker 1: it's gonna look bad. For the parent company. I'm just
- 36:55Speaker 1: gonna leave this fact out in the article. That's self censoring,
- 36:59Speaker 1: and that's something that the American press does. Yeah, there
- 37:02Speaker 1: was a survey in two thousand and Olivia does point
- 37:05Speaker 1: out it's an old survey, but it's probably um no
- 37:09Speaker 1: different and maybe even worse twenty years on. But uh,
- 37:12Speaker 1: thirty one of journalists avoided stories that could hurt their
- 37:15Speaker 1: news organization or its parent company and said the same
- 37:19Speaker 1: if it could hurt the advertisers. So you know, it's
- 37:24Speaker 1: just this notion that you know, I get a paycheck
- 37:26Speaker 1: from someone, and I know that ultimately that paycheck comes
- 37:29Speaker 1: from either selling newspapers or selling ads in those newspapers. Uh.
- 37:34Speaker 1: And of course that was a long time ago when
- 37:36Speaker 1: the the newspaper was still like in print, right, like
- 37:41Speaker 1: a big deal. But uh, this this all comes down
- 37:44Speaker 1: to the fact that these are for profit businesses, and
- 37:49Speaker 1: it's pretty easy to lose your objectivity when you're keeping
- 37:52Speaker 1: that in mind. Yeah, and also it's all bears pointing
- 37:56Speaker 1: out that a very small group of people, um either
- 38:00Speaker 1: individual wealthy billionaires in the case of Jeff Bezos with
- 38:03Speaker 1: the Washington Post, or you know, giant conglomerate companies like
- 38:08Speaker 1: GE owning I think NBC maybe, UM, and all of
- 38:15Speaker 1: them have like a lot of interest in common, which
- 38:18Speaker 1: is protecting the bottom line. So it's really easy to
- 38:20Speaker 1: get everybody to kind of report generally the same thing
- 38:24Speaker 1: and not report on generally the same thing. UM. And
- 38:28Speaker 1: there's a we talked about it before, but that Robert
- 38:30Speaker 1: Smigel um Musty TV funhouse conspiracy theory rock does a
- 38:37Speaker 1: really great job of explaining how the whole thing works.
- 38:40Speaker 1: And it's a good fifteen years old by now, but
- 38:43Speaker 1: it's just as as correct as ever. A genius, he
- 38:48Speaker 1: really was a genius. And there's one other thing I
- 38:49Speaker 1: would advise people to do at this point when you're
- 38:52Speaker 1: thinking about, you know, just how free the American press
- 38:55Speaker 1: is and how constrained it is by dollars, Cora is
- 38:58Speaker 1: a really good place to go, like re um, you know,
- 39:01Speaker 1: intelligent people's opinions on things presented as opinions, not as
- 39:05Speaker 1: fact or anything. Yeah. Yes, And if you look up
- 39:09Speaker 1: does America have a free press? I found the answers
- 39:12Speaker 1: on that UM question really UM enlightening. I mean, nothing new,
- 39:18Speaker 1: I didn't hear anything new, but it was UM just
- 39:21Speaker 1: just to see over and over again, like, yes, there's
- 39:23Speaker 1: a free press, not really though, because it's all constrained
- 39:27Speaker 1: by dollars and it's all owned by corporations. Uh. It
- 39:30Speaker 1: really kind of makes you understand where you're where our
- 39:33Speaker 1: places in the world and why we're number forty four
- 39:36Speaker 1: in in the in the way of free press around
- 39:39Speaker 1: the world. Yeah, and you know, we have to talk
- 39:42Speaker 1: about social media too, because that is, in the scope
- 39:46Speaker 1: of the history of the press, a very new kind
- 39:48Speaker 1: of media and it is, uh, it is not figured
- 39:52Speaker 1: out yet. I guess it's the kindest way to say it,
- 39:55Speaker 1: because what you have with social media, I mean, it
- 39:58Speaker 1: really giveth in it take it the way. On one hand,
- 40:00Speaker 1: you have more access than ever for someone to be
- 40:04Speaker 1: able to truly get out um reporting or something like
- 40:09Speaker 1: that that's factual and would be maybe squashed by a
- 40:12Speaker 1: parent company or by a traditional media company. But you've
- 40:15Speaker 1: also got a situation where you know, you can kind
- 40:19Speaker 1: of say whatever you want under the guise of like
- 40:21Speaker 1: this is just my opinion. And people in today's America,
- 40:26Speaker 1: a lot of people take things that are completely made
- 40:29Speaker 1: up and completely false as true and factual. And it's scary. Yeah,
- 40:35Speaker 1: it's super scary. It's a really uncomfortable time to be
- 40:39Speaker 1: living because we're like, when, when are we going to
- 40:41Speaker 1: figure this out? How are we going to figure this out?
- 40:43Speaker 1: Are we ever going to figure this out? Or things
- 40:45Speaker 1: going to Is it going to be one of those
- 40:47Speaker 1: things where things are going to get a lot worse
- 40:49Speaker 1: before they get better. Who knows. We just don't know
- 40:52Speaker 1: because we're living in the midst of it right now. Yeah,
- 40:56Speaker 1: And you know, as Olivia points out, it's a situation
- 40:58Speaker 1: where they are like traditional media companies in some ways
- 41:01Speaker 1: because they can juice an algorithm to get something more
- 41:05Speaker 1: seen than something else. But then it's not like they
- 41:09Speaker 1: don't like a company like Facebook doesn't have or any
- 41:12Speaker 1: social media company doesn't have the same um or at
- 41:18Speaker 1: least legally right now, they don't have the same ethical
- 41:21Speaker 1: standards of a traditional media company right right. So it's
- 41:26Speaker 1: like this new animal that kind of looks a lot
- 41:28Speaker 1: like the old animal, but is like, no, no, no,
- 41:30Speaker 1: you can't treat me like the old animal. I'm something different.
- 41:33Speaker 1: Um And and that's kind of what we're figuring out
- 41:37Speaker 1: is it's, like you said, they have different ethical standards,
- 41:39Speaker 1: and that's really found in the case of Gawker UM,
- 41:42Speaker 1: which was a gossipy news site UM that saw fit
- 41:47Speaker 1: to publish Whole Cogan's sex tape that got leaked to
- 41:51Speaker 1: them UM where Whole Cogan. Yes, So everything about this
- 41:55Speaker 1: case is gross. Whole Cogan was cheating on his wife
- 42:00Speaker 1: with his best friend's wife, made a sex tape of it,
- 42:03Speaker 1: Gawker saw fit to publish it like that's just news
- 42:07Speaker 1: that people need to know about. And UM got sued
- 42:11Speaker 1: by Hulk Hogan, sued out of existence by Hulk Cogan.
- 42:14Speaker 1: And that's another aspect of this case that was gross.
- 42:17Speaker 1: Peter Thiel, a billionaire who was one of the founders
- 42:20Speaker 1: of PayPal, secretly financed the case because he hated Gawker
- 42:23Speaker 1: because Gawker had outed him as gay back in two
- 42:26Speaker 1: thousand seven. So he financed Whole Cogan's case and basically
- 42:29Speaker 1: drove Gawker into bankruptcy. And that's not supposed to be okay, Like,
- 42:34Speaker 1: even if you hate somebody's free speech, a billionaire shouldn't
- 42:37Speaker 1: be able to decide who says what or who doesn't
- 42:39Speaker 1: say what. So that's another gross part Whole Cogan one,
- 42:43Speaker 1: because he managed to position himself as like an everyday
- 42:47Speaker 1: guy who was up against this elite, snobby New York media. Um,
- 42:52Speaker 1: that's pretty gross too. And then ultimately the worst part
- 42:55Speaker 1: of it is that this this dumb move by Gawker
- 43:00Speaker 1: to publish Whole Cogan's sex tape opened up a really
- 43:03Speaker 1: terrible can of worms that just did not need to
- 43:06Speaker 1: be opened. Um, which which basically says, hey, you remember
- 43:11Speaker 1: that idea that truth can never be considered liabel. That
- 43:16Speaker 1: has been a foundation of American law of free speech
- 43:20Speaker 1: and free press. Let's turn that on its head. Let's
- 43:22Speaker 1: test that by publishing this whole Cogan sex tape. And
- 43:25Speaker 1: so they lost their lawsuit, like they even though it
- 43:28Speaker 1: was true this whole Cogan didn't dispute that that was
- 43:31Speaker 1: him and that was his sex tape. Uh, And Gawker
- 43:34Speaker 1: published it and that was it. He's still won a
- 43:37Speaker 1: hundred and forty million dollar lawsuit against him, and Gawker
- 43:40Speaker 1: went out of business. And whatever you think of Gawker,
- 43:43Speaker 1: they were still technically media. They were still technically the press.
- 43:48Speaker 1: And so now you've got billionaires who can who can
- 43:50Speaker 1: run press out of existence if they don't like what
- 43:53Speaker 1: they have to say. That's where we're still we are
- 43:56Speaker 1: right now, we're still figuring this out, and it's a
- 43:59Speaker 1: it's a scary time, yeah, because you know, most companies
- 44:03Speaker 1: of that size don't have the money, and that's what
- 44:05Speaker 1: happened to Gawker. They don't have the money to hang
- 44:08Speaker 1: in there unless another billionaires and financing theirs, and then
- 44:12Speaker 1: we're in real trouble when it's just billionaires secretly, you know,
- 44:17Speaker 1: suing one another behind, you know, the guys of another case, right,
- 44:22Speaker 1: that would not be fun. It would not be fun. So,
- 44:25Speaker 1: like we said, the United States press is number forty
- 44:29Speaker 1: four out of a hundred and eighty. It's a that's
- 44:31Speaker 1: a solid b, I would say, But you would expect,
- 44:35Speaker 1: really the first country to truly enshrine free speech into
- 44:39Speaker 1: its um constitutional amendments to have to be a lot
- 44:42Speaker 1: higher than forty four. But it's not. So. If you
- 44:45Speaker 1: want to know more about that, you can go check
- 44:47Speaker 1: out Reporters Without Borders World Press Freedom Index. But basically,
- 44:53Speaker 1: the upshot of it is that there is a tremendous
- 44:56Speaker 1: amount of mistrust in journalists in the United States and
- 45:01Speaker 1: in media in general, and a lot of false information
- 45:05Speaker 1: that's easily passed around, and that's kind of setting the
- 45:08Speaker 1: stage for a really um a disrupted press or purpose
- 45:14Speaker 1: of the press, which is again to tell people like
- 45:17Speaker 1: you and me what the people running the show are
- 45:20Speaker 1: doing so we can decide whether we want them to
- 45:22Speaker 1: continue running the show or not. That's right, and we
- 45:25Speaker 1: should mention that if you're wondering what the bottom of
- 45:28Speaker 1: that list looks like. The bottom five there are a
- 45:30Speaker 1: couple of African nations Djibouti and Eritrea, and then of
- 45:37Speaker 1: course China, Turkmenistan, and then obviously North Korea. Yes, obviously obvious. Sorry, sorry,
- 45:47Speaker 1: Kim Jong un. Well, now you're gonna get us off
- 45:50Speaker 1: the air there, Yeah, there's no way we're on the
- 45:54Speaker 1: air there. We're too free. Baby. Uh Well, since Chuck
- 45:59Speaker 1: said that's right, of course, everybody. That means it's time
- 46:02Speaker 1: for listener mail. I'm gonna call this rhinoplasty follow up
- 46:14Speaker 1: this from well, I'll save that part, hey, guys, keep
- 46:17Speaker 1: doing the great work. Really enjoy the lighthearted approach presenting
- 46:20Speaker 1: information from the interesting minutia about important topics to the
- 46:24Speaker 1: deeply important, even politically charged topics like today, as a
- 46:29Speaker 1: person who has had to have three separate rhino plastic surgeries, uh,
- 46:33Speaker 1: and he says parenthetically, I've got some ridiculously troublesome sinuses,
- 46:37Speaker 1: septum and other miscellaneous issues. I had one other point
- 46:41Speaker 1: to add, something I had never heard of was the urbinates. Uh.
- 46:46Speaker 1: Mine were apparently huge. Uh. These are little fingerlike folds
- 46:50Speaker 1: of skin that run along the interior of your nostrils.
- 46:53Speaker 1: They swell in the swell alternately and are the reason
- 46:56Speaker 1: when you have a bad cold one side is totally plugged,
- 46:59Speaker 1: but you can breathe to the other one. Anyway. Part
- 47:02Speaker 1: of my surgeries was trimming those down because they were
- 47:04Speaker 1: causing me breathing problems. The med student it was helping
- 47:07Speaker 1: me mentioned after the surgery and horror that he had
- 47:11Speaker 1: new idea so much stuff could come out of a
- 47:13Speaker 1: person's head. It's always fun when you hear something like
- 47:16Speaker 1: that in post, stuff like I've never seen a blank
- 47:19Speaker 1: that big, sir, You got a picture right? That is
- 47:24Speaker 1: from John B. Parks, husband, father, nerd fighter, Hufflepuff, Let's
- 47:29Speaker 1: Go Royals, Chiefs, s K C and COI's and then
- 47:33Speaker 1: that he has a Gandhi quote. This is all in
- 47:35Speaker 1: his email signature. So I'd always like to read that stuff. Uh,
- 47:38Speaker 1: Liz live as if you were to die tomorrow, learn
- 47:42Speaker 1: as if you were to live forever Mahatma Gandhi. Very nice.
- 47:46Speaker 1: And then below that it says that he might get
- 47:49Speaker 1: revenue from any links you click that take you to Amazon.
- 47:54Speaker 1: I never had an email signature that said things like
- 47:58Speaker 1: quotes and stuff. I kind of like that, Yeah, okay, well, Chuck,
- 48:01Speaker 1: today is your day to start, all right? That was John?
- 48:05Speaker 1: That was John. Thanks a lot, John. I appreciate that
- 48:09Speaker 1: I may actually be getting that done too. They mentioned
- 48:12Speaker 1: that for me, and I was like, I don't know,
- 48:14Speaker 1: this sounds like an up cell, so maybe not. John
- 48:17Speaker 1: might have convinced me. If you want to get in
- 48:20Speaker 1: touch with this like John did, we'd love to hear
- 48:22Speaker 1: from you. You can send us an email and send
- 48:25Speaker 1: it to specifically Stuff podcast at iHeart radio dot com.
- 48:31Speaker 1: Stuff you Should Know is a production of iHeart Radio.
- 48:34Speaker 1: For more podcasts my heart Radio, visit the i heart
- 48:37Speaker 1: Radio app, Apple Podcasts, or wherever you listen to your
- 48:40Speaker 1: favorite shows.