800 Pound Disabled Men In Fuzzy Slippers Ask the Wrong Questions

Last week I posed this question: sure, bloggers are biased and sloppy and agenda-driven and more than a little nuts, but compared to what? What is the logical basis for reposing automatic trust in “professional” “mainstream” journalists, and given them the presumption of thoroughness, good faith, or neutrality?

I’d like to thank Jan Caldwell, Public Affairs Director for the San Diego County Sheriff’s Office, for helping me make my point.

Recently Ms. Caldwell — who is responsible for the relationship between the Sheriff’s office and the press — was on a panel called “Grade the Media.” As LAist reported, she explained why she thinks bloggers shouldn’t get the same respect — or press credentials — that “professional” journalists do:

You can sit with your Apple laptop and your fuzzy slippers, you can be an 800-pound disabled man that can’t get out of bed and be a journalist, because you can blog something. Does that give you the right—because you blog in your fuzzy slippers out of your bedroom and you don’t go out and you haven’t gotten that degree—should you be called a journalist?

Or should you be like Pauline [unclear] who graduated from journalism school and has been doing this a long time or JW or Dennis? Are you on the same par? In my estimation—and I’d like to hear from Darren and Michael on that—no. Because Pauline and JW and Matt and the others that have been doing this a long time and they know the questions to ask, as will you. But if you’re just sitting at home with your laptop blogging and you just want to get under my skin or you’re CityBeat—left to Lenin, oh my God—then, yeah. So I drop that out on you all: what do you all think of that?

That is no normal act of public relations. That is the behavior of a public relations professional.

Perhaps even more revealing, though, was this:

To start, spokeswoman Jan Caldwell explained to the room full of journalists why it is so important to be nice to her: “If you are rude, if you are obnoxious, if you are demanding, if you call me a liar, I will probably not talk to you anymore. And there’s only one sheriff’s department in town, and you can go talk to the deputies all you want but there’s one PIO.”

Here we have the heart of the matter. “Professional” journalists may, indeed, be brilliant, talented, well-trained, professional, with an abiding appetite for hard-hitting but neutral reporting. Yet professional journalists also depend on relationships. Ms. Caldwell calls that fact out, sending law enforcement’s core message to the press: if you want access, play the game.

The game colors mainstream media coverage of criminal justice. Here’s my overt bias: I’m a criminal defense attorney, a former prosecutor, and a critic of the criminal justice system. In my view, the press is too often deferential to police and prosecutors. They report the state’s claims as fact and the defense’s as nitpicking or flimflam. They accept the state’s spin on police conduct uncritically. They present criminal justice issues from their favored “if it bleeds it leads” perspective rather than from a critical and questioning perspective, happily covering deliberate spectacle rather than calling it out as spectacle. They accept leaks and tips and favors from law enforcement, even when those tips and leaks and favors violate defendants’ rights, and even when the act of giving the tip or leak or favor is itself a story that somebody ought to be investigating. In fact, they cheerfully facilitate obstruction of justice through leaks. They dumb down criminal justice issues to serve their narrative, or because they don’t understand them.

This “professional” press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it. Of course they don’t want to answer questions from the 800-pound bedridden guy in fuzzy slippers in his mother’s basement. But it’s not because an 800-pound bedridden guy can’t ask pertinent questions. It’s because he’s frankly more likely to ask tough questions, more likely to depart from the mutually accepted narrative about the system, less likely to be “respectful” in order to protect his access. (Of course, he might also be completely nuts, in a way that “mainstream” journalism screens out to some extent.)

Recently Radley Balko has been doing a “raid of the day” series for the Huffington Post, in which every day he profiles a brutal or incompetent or outrageous police raid, thus calling into question our system’s tolerance for lawless police tactics. This is the sort of reporting Radley has been doing for years. You will find very, very few “mainstream” reporters engaging in such relentless criticism and questioning of the criminal justice system. That’s not because there aren’t many talented reporters. There are. Rather, I submit that it’s because too many reporters find the price too high. Too many reporters would rather get that hot tip from a cop about a piece of evidence against a defendant than risk alienating their state sources.

Too many people would rather have the approval of the Jan Caldwells of the system than call the system out.

I’ll keep my fuzzy slippers, thank you.

Source

The report accused the NYPD of deploying unnecessary force and routinely obstructing press freedoms. Photograph: Jessica Rinaldi/Reuters

The first systematic look at the New Yorkpolice department’s response to Occupy Wall Street protests paints a damning picture of an out-of-control and aggressive organization that routinely acted beyond its powers.

In a report that followed an eight-month study (pdf), researchers at the law schools of NYU and Fordham accuse the NYPD of deploying unnecessarily aggressive force, obstructing press freedoms and making arbitrary and baseless arrests.

The study, published on Wednesday, found evidence that police made violent late-night raids on peaceful encampments, obstructed independent legal monitors and was opaque about its policies.

The NYPD report is the first of a series to look at how police authorities in five US cities, including Oakland and Boston, have treated the Occupy movement since it began in September 2011. The research concludes that there now is a systematic effort by authorities to suppress protests, even when these are lawful and pose no threat to the public.

Sarah Knuckey, a professor of law at NYU, said: “All the case studies we collected show the police are violating basic rights consistently, and the level of impunity is shocking”.

To be launched over the coming months, the reports are being done under the Protest and Assembly Rights Project, a national consortium of law school clinics addressing America’s response to Occupy Wall Street.

The NYPD appears to be the worst offender, in large part because it has made little attempt – unlike Oakland, for example – to reassess its practices or open itself up to dialogue or review. The NYPD practices documented in the report include:

• Aggressive, unnecessary and excessive police force against peaceful protesters, bystanders, legal observers, and journalists. This included the use of batons, pepper spray, metal barricades, scooters, and horses.

• Obstruction of press freedoms and independent legal monitoring, including arrests of at least 10 journalists, and multiple cases of preventing journalists from reporting on protests or barring and evicting them from specific sites.

• Pervasive surveillance of peaceful political activity.

• Violent late-night raids on peaceful encampments.

• Unjustified closure of public spaces, dispersal of peaceful assemblies, and trapping of protesters.

• Arbitrary and selective rule enforcement and baseless arrests.

• Failures to ensure transparency about government policies.

• Failures to ensure accountability for those allegedly responsible for abuses.

The report argues that the lack of transparency and accountability is especially troubling because the public does not know whether police actions are guided by specific written policies, or whether they are random or ad hoc.

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I believe the NYPD’s lack of participation in these reassessments has something to do with the fact that the largest police union in the world is in the New York.

 
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