Ethics Institute Keynote Addresses
Hodding Carter, III, March 4, 2005: New Bottles, But is is Wine?
Gerald Boyd, November 11, 2004: Why the Public Hates
Us and What We can Do About it
Lowell Bergman, March 26, 2004: The End of
Journalism
Steven Brill, October 3, 2003: Holding the Media
Accountable in the Age of Osama, Kobe, and Arnold
Tim McGuire, March 28, 2003: Ethical Stewardship:
Expanding our Notion of Ethical Choices
Walker Lundy, Nov. 8, 2002: The Changing World of
Ethics in Journalism
William Raspberry, March 15, 2002: What are
Journalists For?
Gene Foreman, Nov. 9, 2001: Competitive Instinct
vs. Journalistic Principle
Jay Black, March 9, 2001: Hardening of the
Articles: An Ethicist Looks at Propaganda in Today's News
Robert Giles, Nov. 10, 2000: Bringing News
Standards to the Web
Jack Nelson, March 10, 2000: Purposeful Journalism
Ethics: Seeking Solutions as Well as Problems
James M. Naughton, March 12, 1999: The Third
Sector and The Fourth Estate
Louis A. Day, Nov.12, 1999:
Globalization’s Challenge To The Press’ Moral Imperative
Louis W. Hodges, Nov. 13, 1998: Should We Disallow
Punitive Damages Against News Media Defendants?
Maxwell E. P. King, March 13, 1998: Journalism in an
Egalitarian Society
Davis Merritt, Jr., Nov. 7, 1997: Disconnecting
From Detachment: Six Arguments for an Ethic of Journalistic
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The End of Journalsim
by Lowell Bergman
Like most
journalists, I did not study journalism in school or train for it as
a profession. But I did learn a lot from my own academic specialty —
history, and especially the history of philosophy — that has been
useful to me over the years.
One of my primary goals in journalism and the news business has been
negative. I know reporters are famous for griping. I am not talking
about that. I am talking about the avoidance of an assignment that,
for ethical or personal reasons, I found objectionable.
As a result I have succeeded in doing what I wanted to do almost all
the time. And I have succeeded in avoiding having my name attached
to any story that I disagreed with or found objectionable. To
maintain that condition I have plotted to kill assignments and to
undermine and destroy stories so they never made air. And I have
learned to listen to Nancy Reagan and “Just Say No!”
Before we engage in a discussion of what that entailed and what it
means, let me say that I believe it is the prerogative of the
reporter in a media institution to safeguard his or her reputation
and standards when the institution is bent on going down what one
knows is the wrong track.
One key to what I believe is this very important — and rare —
accomplishment in the established media: Make sure I never appeared
in the directory of my employer with either an extension or an
office location. It was not that I was unwilling to work. Far from
it. It was my intent not to work on anything that I thought was not
real reporting.
In five years at ABC News and 16 more at CBS, if someone called the
main number in New York and asked to be connected to me, the
operator would not have had me listed. Sure, if callers knew what
show I was working for they could be connected there, but then the
receptionist would have to consult a non-public list, and often
would simply take a message. The boss could find me. But it was not
as easy as running into a regular employee in the hallway or
ordering him or her into the office.
So today, after having my byline in The New York Times, and
appearing on PBS and elsewhere as a “correspondent,” you cannot find
my office location or extension. I do have an office and extension
at the University of California at Berkeley, but I’m rarely at the
office. And I never checked messages on that line.
This, then is my first lesson for the journalism students who are
here. It is a lesson I learned by studying 19th century German
philosophy and, especially, its great sociologists. One purpose of
bureaucracy is to get you — the employee, the functionary, the
citizen — to do things you don’t want to do. It is to make you a cog
in its machine. And if they can’t find you, that may be more hassle
than it’s worth.
(The other corollary was that with one brief, nine-month exception,
I managed to work for over two decades in network television, and
now The New York Times, without ever living in New York.)
And I should add, as a disclaimer, that, yes, I am the person
portrayed by Al Pacino in the movie, “The Insider.” The film makes
it clear I do not live in New York, though it never really says
where I do live. Since that was not a condition of my participation
in the film, I have to say: “Thank you, Michael Mann.”
But those of you who saw the movie should be pretty clear that I am
not Al Pacino. Now that you’ve confirmed that, you can leave before
we go any further.
In the invitation that I got, by the way, I noticed you’re showing
the movie, “Shattered Glass,” this weekend. I saw it on the airplane
coming in here, and it is very interesting because of one single
fact: It is possible not only to get away with fabrication in this
business, but as the case of Mr. Glass showed, to get caught in the
end only because the fabrication is so transparently obvious. And
other people started to wonder where his stories had come from.
Similar things have happened to other people we know: Jayson Blair
[of The New York Times], and Jack Kelley [of USA Today] most
recently.
[LB Note: And even more recently, with the documents that CBS “60
Minutes” aired in connection with its September 2004 segment on
George W. Bush’s record with the National Guard.]
But that’s not the kind of ethical issue that I’m going to talk
about today or that I think is really the primary problem in the
industry. People who fabricate outwardly and openly are going to get
caught. And the industry is set up where there is that
self-policing, where fabrication eventually comes to light. I think
that there are bigger problems, bigger ethical questions that are
much more difficult to deal with. They are what we talked about in
“The Insider.”
That movie involves an ethical question that I myself had to
confront several years ago with the story of Jeffrey Wigand. The
story that initially had been suppressed came out and was broadcast
on CBS. It had been reported in the press that there might be a
movie either on HBO, or that director Michael Mann would make, and I
would be part of it. I was asked if I would help out.
I was confronted with a very interesting question: My contract at
CBS News, like the boilerplate contract of everybody else in network
television news, said that I had a confidentiality agreement. I
could not talk about anything that I had ever done for CBS because
everything that I had ever done for CBS was the network’s property.
There is in fact a fiduciary responsibility clause that required me
to not do or say anything that might harm the “value” of the
corporation.
We can go into a discussion, possibly later, about how I may have
violated that agreement in the way in which the story or the
suppression of the story came out. But even once the story had run,
the question was, could I talk about it? I got into a very lengthy
negotiation with CBS, which involved my leaving “60 Minutes.” The
release from my contract would free me of Don Hewitt’s supervision,
and would also free me to cooperate in the movie. And after six
months of negotiations, one of the people in the general counsel’s
office came to me and said: “Here are the documents. We’re going to
release you to talk about the tobacco story to Hollywood. Our
conclusion is that you deserve to make some more money, given what
you went through. You’ll get some money from this. But the odds are
against them ever making a movie.”
They knew the statistics: About one of every 2,000 movies that’s
optioned is ever made as a Hollywood motion picture. So this woman
said to me: “You know, we’ve looked over the whole thing, and this
is a very complicated story with no sex or death, and only the
implication of violence” (although there was a lot of death if you
count the 400,000 people who die every year from tobacco-related
diseases.) “Probably it will never get made.
“And after all,” she said, “you are a producer. So, we’re going to
release you.”
Now what did she mean by the term, “producer?” So that you
understand when you see that on the corner of the page, at the
beginning of a “60 Minutes” story, it says: “produced by…” One of
the jobs that you have to do as a producer of a program like “60
Minutes,” or for that matter basically every network television news
magazine program, is that you have to protect your correspondent.
You have to protect the on-air person who is presented as the
reporter of the story. What does it mean to “protect them?” It means
you’ll notice when you watch them do interviews and narrate the
story and appear in the story, that they never make a mistake, they
never mispronounce a word. They never admit that they don’t know
something. You create the correspondent as a fictional character.
That’s the underpinning of the way in which we communicate in this
society. [LB note: See the CBS investigation on Dan Rather’s role in
the Bush National Guard story.] It’s the method in the medium that
gives most people information in this country.
They understood that that was my job and that I would never say
anything to anyone — even though they released me — to talk about
how the business actually works. That is an ethical compromise that
everyone who works in the industry makes in order to stay in the
industry. You sign a contract that obligates you to maintain that
that information is a product of the ownership of the corporation.
And that’s something people rarely talk about or read about. Pull
any book out of the library by Dan Rather or Tom Brokaw or any of
the other network celebrities, you will see them say very little, if
anything, critical of the company. Nor will they ever reveal exactly
how the operation works. Only Mike Wallace was generous enough in
his book to give a lot of the credit for some of the stories to his
producers — the people who develop the stories.
From the very beginning I knew there was going to be a very serious
ethical and practical question that I would have to confront should
I manage to do the story of Jeffrey Wigand and Brown & Williamson
Tobacco. One of the CBS lawyers reminded me a year or so after we
first talked about Jeffrey in February 1994, and then again after
the story aired, that I said, “This story is going to be big trouble
if it happens.” It was that “trouble” that drove me to pursue the
story for the next year and a half.
I knew that other than John Delorean — you who may remember him back
in the early ‘60s turning on General Motors — no fiduciary officer
of a Fortune 500 company had ever talked in public without the
company’s permissionabout what really went on inside. It was so rare
that I thought the possibility of this guy talking, in this
particular instance, was worth dealing with him despite some obvious
obstacles. It was obvious, if you have seen the movie, that he had
some problems -- family problems and financial problems. There were
a lot of reasons why he shouldn’t have done anything. The choice to
talk had to be his choice. Once he decided to tell his story, I had
to conclude I had no choice other than to stay with him, as long as
he told us the truth.
What happened at CBS and has now happened, or is happening, at some
of the other networks is that the corporation didn’t see it that
way. Or, as the president of the news division finally said to me
about four weeks after the meeting with the general counsel – that’s
when we were told that “the truer the story, the greater the
damages” -- that the corporation would “not risk its assets on this
story.”
That is the ethical dilemma that I think continues to confront
people on the inside, particularly inside the broadcasting industry,
because they’re only cogs in the wheel. You can’t stand up,
sacrifice your job and go out on the front steps and simply denounce
everybody. No one’s going to listen for more than a day, and you’re
not going to have very much credibility after that. Defending
yourself will result in burnout -- or worse. You become a
‘whistleblower’, a disgruntled employee. And if you have
confidential sources, as I had at that moment in the Wigand case,
you can’t help them. How can you help a confidential source whose
name you cannot use, but who is in turn now clearly exposed to the
wrath of the institution the source was about to eviscerate?
It’s a big risk. I was lucky in a number of ways. I have a wonderful
wife, Sharon Tiller, who came with me this weekend and who was
making a good living. Our kids were through college. We had a small
mortgage. We live in Berkeley, California, and, as you now know, I
had refused to move to New York. And if you live in New York you
know that the media industry is so small your alternatives are very
limited. If you are making a network salary as a producer, there are
very few places to go to match that salary and maintain your
standard of living. I don’t believe that there are more that 100
producers who are making more than low six-figure salaries doing
real news for television. Most of them are based in New York and
work for the networks. There are very few other places to go, and
once you are ‘damaged goods’ very few places that will take you. Add
to that the odds that if you can annoy one network — by going public
— you injure all of the. The networks and their media mega
corporation owners are simply an oligopoly. Just compare the
standard contracts. Any lawyer who reviews them will tell you the
contracts hold up only because the networks, the media giants, will
defend them in court and exhaust the resources of anyone who
challenges them. In fact most, like those used by the agents who
represent most of the ‘talent’ and the producers, are simply
involuntary servitude agreements.
So it’s a very restrictive atmosphere. Even before the Wigand
tobacco story, I always expected that I would be fired one day. In
fact Don Hewitt used to fire me regularly — he’s the “60 Minutes”
executive producer who is now retiring — for just showing up! It was
his warm and endearing way of letting you know who was in charge.
So that refusal to move combined with a resolve to “Just Say No,”
and with full knowledge that it could mean being fired, I had some
ability to feel that I could make risky decisions. It did not mean
that I said “no” on a whim. It’s important, as they say in the
business, to be “low maintenance.” Try to make sure that when you
say it, it’s understood that way.
That’s why in the end I had no excuse other than to do what I did. I
tried to “exhaust all legal means.” I had to. In the life I was in,
when I came out here for instance to Lexington, Virginia, to see
someone about a story, I had to believe it when I said, “You can
trust me. I’m a producer with ‘60 Minutes’ and we keep our word, and
this is CBS News and we’re going to stand up and we’re not going to
back down.” People then start to trust us.
Now, unfortunately, no all producers or correspondents live by this
rule. They know who they are. They will burn source. They will
promise and not deliver. They will artfully steal a story from a
powerless freelancer. But those people are the ones who put all of
us at risk. It has been necessary on occasion to in fact make sure
that some of those people do not work in the business….But in back
to my story…
So, I had some advantages. And let me be totally open here. This had
happened to me before, where I hadn’t done anything about it. The
company , the boss, killed a story and abandoned a source. That
experience and others had made me impose a kind of self-censorship.
I knew which stories my network would deal with and which it would
do everything in its power to stop. I’ll get to that in a couple of
minutes.
First, however, let’s make sure we understand why that other
incident, for example, is not in the movie. The screenwriter, a
brilliant guy, Eric Roth, who has done “The Onion Fields” and
“Forrest Gump” and other films — he and I were talking and I said,
“You know, you don’t have certain things in the movie.” And he said,
“No one would believe the truth about what really goes on inside the
sausage-making.” The stark reality of Don Hewitt’s personality, or a
slew of facts that are important when you are doing a comprehensive
documentary, are not in the movie.
One thing that Michael Mann chose not to put in the movie for
instance, which is critically important to a true understanding of
the context of the Wigand saga, is that, Larry Tisch, who was the
chairman of CBS and also the chairman of the Loew’s Corporation,
which owned CBS. Now Loew’s also owned Lorillard Tobacco. Mr.
Tisch’s son, James Tisch, was the president of Lorillard. There is a
scene in the movie depicting tobacco executives giving sworn
testimony before a congressional committee. The executives say that
they believed that nicotine was not addictive, an assertion repeated
often at the time. James Tisch was one of those executives.
So at the same time we were proposing that we put Wigand on the air
accusing those executives of lying, there was a federal criminal
investigation of them for perjury. We were presenting the public
with evidence — a key witness — that the son of the owner and CEO
was potentially guilty of a felony. We were obviously in dangerous
territory. We were talking about doing something where someone in
the tobacco industry was going to say, “Of course, they all knew
they were lying.” The story from my perspective was about potential
criminal conduct, which the Justice Department was investigating, on
the part of the son of the owner of the company I worked for…. It’s
not rocket science to conclude that this was a good way to end your
career, and so it almost ended mine.
So, there was an ethical and substantive reason why this movie got
made. On the ethical side the movie presents the dilemma of the
‘whistleblower’ in our society -- both inside a Fortune 500 company
whose operations affect the public health, and in a media
corporation – another Fortune 500 company - that helps shape public
consciousness and understanding. The movie gives the viewer an
insight into some critical issues in corporate America, especially
the media industry: Simply, that the rules that often apply to
reporters, to the workers, do not necessarily apply to the bosses or
the owners.
But most important to me, the movie presents a message about how the
television broadcast business works and about self-censorship, which
could never be presented on broadcast television in this country
either by a news division or, for that matter, by an entertainment
division. That’s why I believe, you have never seen “The Insider,”
with its seven Academy Award nominations, with Pacino and Russell
Crowe, on broadcast TV. It has been on cable, but that is it. It
seems that’s how it will always be.
Since the events around Jeffrey Wigand and the tobacco story came
out, and since ABC News caved and retracted a story on tobacco that
its reporters still say was true, things have only gotten worse. The
major media organizations have virtually abandoned the field and the
public interest responsibility that comes with broadcasting
licenses. In print, with the exception of a few major newspapers and
a sprinkling of others around the country, the principle that it is
our calling to “comfort the afflicted and afflict the comfortable”
has been deemed by most executives, managers and owners as
unprofitable, biased or simply unnecessary.
The exceptions prove the rule.
The “End of Journalism” as we have come to know it since the heady
days of the post-Watergate era is upon us. Now, many would say,
things aren’t all that bad. And I would insist again, that the
exceptions prove the rule.
I am very serious when I say that many of us in this business
continue to believe, even though sometimes the economics of the
situation or the nature of our employers make it very difficult,
that we’re really in this business to afflict the comfortable and
comfort the afflicted. It is an idealistic profession in that sense,
and it has tried since Watergate, and the end of the Vietnam War and
what transpired before that in civil rights, to build itself into a
real profession.
Unfortunately, other forces have been at work over the last 20
years, and making ethical decisions — being able to say “no’ or
having resources to do what we know we should to — is increasingly
difficult from the inside, particularly from inside broadcast
institutions. My friends within newspapers say it’s not so bad in
print, I would have to agree. But I would also point out that
without the participation of electronic media print stories have
limited impact.
What has already been a hard time for journalism, is going to get a
lot worse before it gets better. I say that because of the
contradictions that are part of our daily collective consciousness.
Before the 9/11 Commission, recently, we finally had a public
official come forward and say, “I’m accountable. We screwed up. And
I’m sorry.” It took all of these years for someone to finally say we
failed and be honest about it.
Despite that obvious gesture, the media and the administration were
mum on the subject.
Maybe we should take the fact that it happened at all as a positive
signal that things will change in the future.
Now, all of that said, I’ve got to thank you for inviting me because
it reminds me that my one-time colleagues at CBS were so upset
particularly about the movie, that some of them, Mr. Hewitt in
particular, went out of his way for a number of years to try to make
sure that I never worked in the business again. I think it surprised
all of them, since I knew something about his character and how he
had operated, that I had already arranged alternative employment
with The New York Times and with “Frontline” on PBS as well as with
the university. How could I work for three different organizations?
I’ll explain that in a little more detail later. One of the reasons
is that I had this insecurity about working for just one company.
That fear led me to prepare myself personally and professionally for
what I knew would come from my former boss at “60 Minutes.”
In June 2000, before the annual convention in New York of the
Investigative Reporters and Editors, an organization I helped found,
Mr. Hewitt delivered an address at a luncheon. It was primarily
about me. It included the line that I should not be allowed “within
100 miles of a newsroom or 1,000 miles of a journalism school.”
If I needed further proof that journalism as we know it was closer
to an end than a rebirth, for me at least, it was that event.
How could IRE do that to me? Why wasn’t I even notified when they
knew it was coming? Hewitt distributed a written text the day before
to the AP and others. That’s how I found out about it. Then the IRE
denied me the right to a public reply? How could Don Hewitt, a
senior executive at a major media organization, get up in public and
try to blacklist someone who for 14 years had produced and reported
for him? Someone who had brought him more than one of the awards he
displays around his office?
And how could an organization that professes to promote
investigative journalism permit this to happen?
The answer I got back eventually through friends and sources was
that the leadership thought it would provide “controversy” and get
them attention!
That’s understandable, because that same leadership included
on-camera personalities who had never done any real investigative
reporting, and who were put on a panel with that name. Imagine, if
you will, Diane Sawyer and Stone Phillips as investigative
reporters.
All of that reminds me of an old joke that Soviet journalists used
to tell about a journalist going to an emergency room. He demands to
see an eye/ear doctor. And the admitting nurse says: “We have an eye
doctor.” And he says: “Nope, that won’t do.” Nurse: “We have an ear
doctor.” He says: “No, that won’t do.” She says, “We have nose and
throat doctors. He insists, “I don’t want a nose and throat doctor.
I want an eye/ear doctor.” And so she finally says: “Look why do you
want an eye/ear doctor? They just don’t exist.” “Because,” he says,
“what I hear is not what I see.”
We live in a world where it is clear that what we hear is not what
we see. “News” as a concept has been transformed. It is now so close
to entertainment that the wall between them has all but dissolved,
especially in broadcasting. It has made itself obvious in the
coverage of everything from the last President’s sex habits to the
current President’s wars.
I use that joke when I teach because I think everybody should look
at what they see on television, particularly, television news, and
to a certain extent, read in the media with that kind of skepticism.
We don’t really have a really good way these days for people to
learn how to discern the differences and make sense from them.
Again, there are some exceptions. There is National Public Radio. It
is starting to do in-depth, investigative reports. There is
“Frontline.” But their existence does not translate into an ability
to really affect policy or public opinion.
If anything, the fact that we have only one hourlong documentary
series on public affairs on U.S. broadcast television proves the
rule. The existence of a program that has to fight on PBS for more
air time, and which even though it’s essential cannot expand,
underscores and reaffirms an analysis one of my professors spent a
lot of time writing about: Token tolerance allows an advanced
industrial society to claim it is free, when in fact the populace
rarely gets to see or learn that there are other ways to look at and
change the world.
What about cable? Remember, quantity — as I also learned studying
philosophy — is not quality. The volume of programming on cable
television has nothing to do with its quality. Rarely does cable get
involved in serious issues; rarely is serious money put into those
programs. So we are, I think, in a crisis, in terms of real
information that will help the citizenry figure out what to do and
what decisions to make.
That is becoming the central ethical question. I’m not trying to be
totally negative about this, although some people say that I seem to
be always cynical about what’s going on. I think we have to start to
understand why this is, and how the situation is getting out of
control.
Earlier, in one of the Ethics Institute seminars, Drummond Ayers, a
veteran of The New York Times, mentioned that some of his colleagues
in Washington had gotten out of control because they’re allowed on
television talk shows where they get bigger checks and so on. And
they think that they’re all going to become celebrities like Diane
Sawyer and anchor a show. In fact this is a huge problem. There is a
class problem inside the journalism business. We may all be
professionals, but the average journalist, I would bet, is the
lowest-paid professional in America — whether he or she works for
small newspapers or for cable television.
U.S. government data show that the average journalist with five
years experience makes the same income as a postal worker.
It is not the glamorous industry that you might think from seeing
Diane Sawyer or Tom Brokaw. Their relationship to people who work in
the business is similar to that of a CEO to the average worker on
the assembly line in a Fortune 500 company. If the Sawyers and
Brokaws ever did have any experience (and some of them do) with the
actual production of news and reporting, they have forgotten what
it’s all about. They have lots of people propping them up. There is
a pyramid there. Until that pyramid changes and gets democratized,
until people start to be able to share, your information is going to
be skewed. (I remember once at “60 Minutes,” I suggested we all pool
our salaries with Mike Wallace and Don Hewitt there, they walked out
of the room -- I think they thought I was nuts.) With those income
disparities, the ethical problems are obvious. The perception is
almost instinctual. That’s why in Mr. Hewitt’s case, it seemed that
he was tone-deaf recently during the Michael Jackson controversy at
CBS. It wasn’t so much that CBS was paying $5 million to Michael
Jackson from the entertainment side while they were doing a
promotional story about him on “60 Minutes.” He didn’t understand. I
found that totally crazy, because if had had looked at the CBS news
standards he would have seen it: There was an entertainment division
executive in the room when they were interviewing Michael Jackson.
So, just the appearance of impropriety was there. And yet, they
couldn’t see it. They still don’t get it. That’s because they live
in a different world with different standards. There are two
standards in the news business, particularly in television: One for
real reporters -- the people who do the work -- and one for the
stars and the executives.
[LB note: Just look at who got fired or asked to resign at CBS News
recently.]
The best example, which I mentioned in the seminar earlier today,
happened to me in 1984 and stuck in my craw, but was another lesson
learned. In 1984 I did a story with Mike Wallace about the recently
retired head of the FBI in Las Vegas, Nevada. What he wanted to talk
about was that the senior senator from Nevada, one Paul Laxalt, was
in his estimation, after 35 years in the FBI, the quintessential
example of a mob politician — bought and sold by organized crime. He
said that on camera, and he gave examples. Now it is September 1984,
during the re-election campaign of Ronald Reagan, and Paul Laxalt is
the co-chairman of the re-election committee, and publicly the best
friend of the president. He was also a very good source for a lot of
Washington reporters because he was a designated “leaker” for the
White House. So you can imagine that this was a pretty controversial
story, and I won’t go into all of the in’s and out’s. It was
“lawyered.” It was approved. It was advertised on air to open the
broadcast season. And it never ran. Now the events that took place
combine ethics, politics and economics. Ethics — because Mike
Wallace was on a book tour at the time, selling his memoirs. He
started talking, and people asked about the first story of the
season and he talked about this one. Well, that, of course, alerted
our competition. ABC News sent out a producer who is no longer
working in the business , Peter Lance, who went to our source (it
wasn’t difficult to figure out who it was) and promised that if he
gave ABC an interview too the network would wait until “60 Minutes”
had aired. ABC would present its story the next day. To do this, to
gain entry, the producer hired a young man who was a close friend,
sort of a protégé, of this former FBI official. They brought out the
anchor from the local ABC affiliate to tell him that they were
“stand-up people” and that they would stick by their word. The FBI
official, Joe Yablonsky, did the interview. He didn’t tell us. He
was too embarrassed. But he had been promised that they weren’t
going to upstage us. The Wednesday before “air”— the show is on
Sunday — we’re sitting in a room and we call up Senator Laxalt
offering him a chance to reply.
We had already met with him off-the-record at his camp up near Lake
Tahoe, where he told us he wasn’t involved in the mob and wasn’t
going to talk about it, although he didn’t dispute any of the facts
of the story.
Now, I knew he was a friend of Mike Wallace’s. Wallace was close to
the Reagans. Laxalt went to the Forest Hills tennis tournament with
Wallace that summer. Wallace thought it might help convince him to
go on camera. It didn’t.
Mike also talked freely about our story with Nancy Reagan, with whom
he was in regular contact. They were very old friends. On one
occasion she called his office while I was there to ask about what
we were doing about “Paul.” So, it wasn’t a surprise to Laxalt what
we were doing. In any case, we called him up on Wednesday, with the
idea that if he wouldn’t give us an interview for this Sunday, maybe
he would want to reply the following Sunday. We offered him air
time. He says, I don’t need to do that.
Why not? Answer: ABC has the same interview. And, he reports, they
have offered me live air time on Friday before we were on the air.
In reaction Mr. Hewitt yells into the phone, “He lied to us!” —
meaning “the source.” To which Senator Laxalt replies: “He lied to
you, he’s unreliable, and I’m going to sue you.” So, I call up the
source, and I say: “What is this, Joe? Did you really talk to ABC?”
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At first he denies it, and then he calls back crying and says, “Yes,
but they promised to hold it.” Now, the next day, we received a
letter from the Senator’s lawyer saying they were going to sue us if
we ran the story because obviously the guy lied to us about ABC —
therefore, he’s lying to us about everything. This put the whole
situation in jeopardy.
I was told that within 48 hours Hewitt either met with or talked on
the phone with the late Roone Arledge, then president of ABC News,
and as he reported back to me “killed [the story] on both networks.”
Hewitt later asked about this confirmed the details the Village
Voice!
No there was no discipline of this executive producer for meeting
with the competititon and killing a story on both networks! There
was silence.
The final nail in the coffin for my story came on that Friday. The
senator filed a libel suit against a newspaper in Sacramento,
California, which had published similar information about a year
earlier. Remember, unless it’s on television it does not have
impact.
That story, that impact, was squelched. The story was yanked. It was
put on the shelf. We went back over the story. We fact-checked the
story. Was there anything the guy was saying that we couldn’t
independently corroborate? No.
Two weeks later the final decision was made not to run the story.
Mr. Hewitt, the executive producer, based on his meeting with his
friend and peer reassured me that ABC News would not “beat” us.
I was devastated. I thought about going out on the “courthouse
steps,” if you will, and holding a press conference. I talked to all
sorts of people and eventually decided against it — for all kinds of
reasons, practical reasons, not ethical reasons. Still, that event
stuck with me. It was a lesson. The lesson is: Don’t pick on anybody
who’s as big or bigger than your employer, and don’t allow any
hand-holds around — especially in television. It doesn’t matter if
those “hand-holds” are untrue; it’s the appearance of weakness that
will be used to kill a story that threatens the interests of your
publisher or broadcaster.
I can’t say the same thing about The New York Times or other news
organizations that I’ve worked for, but it’s definitely the rule for
commercial television.
By the way, we had had some early warnings about that train wreck.
We got a call from Pete Peterson, now president of the Council on
Foreign Relations, then CEO of Avis -- a great friend of journalists
-- telling us, according to Hewitt, what a wonderful man Paul Laxalt
was and how we shouldn’t damage his reputation. Hewitt and Peterson
are close friends today. We got phone calls from the attorney
general of the United States, Ed Meese, telling CBS’ corporate
leadership that while in his past campaigns Mr. Laxalt did take
money from people who were on the Attorney General’s list of
organized crime figures, and while they had been part of his early
political life, he now was “clean.” Even the FBI got pressured to
provide the Senator with a letter from Director William Webster,
that the agency did not have him in its sights. Off the record I got
a blow by blow of the pressure exerted by a Senator who sits on the
appropriations committee with oversight over the agency’s budget. In
the end those phone calls combined with other factors got the story
killed, and the American public – or at least the viewership of “60
Minutes” and of ABC News -- never saw it.
The postscript: A year later Laxalt dropped the libel suit against
the Sacramento newspaper. There was some coverage in both The
Village Voice and The Wall Street Journal about the story not
running. In The Village Voice story Mr. Hewitt confirmed talking to
Mr. Arledge and getting the story killed on both networks. In words
I can still remember, Hewitt told Mike Wallace, “You don’t want to
do this story. Ronald Reagan’s gonna win the election. We won’t be
able to go to the White House.”
I am telling you this story because it may help you to understand
why, when I came up with the Jeffrey Wigand story about a Fortune
500 company, it was difficult for me to go down the same path -- to
accept what my bosses decided and leave it at that.
This happened before the destruction of CBS News, which followed
soon after, under Mr. Tisch and his hatchet man, Eric Ober. This
happened after the networks in particular struggled for decades to
create operations that were supposed to be free from influence.
For those of you old enough to remember, the news divisions that
were created in the 1950s, ‘60s and ‘70s were supposed to stand
alone as basically public service organizations that could hold
their own with any newspaper. In the old days, the broadcast
journalists thought it was a big deal that they were allowed to sit
in the gallery of the House of Representatives because they had been
second-class news people for many years. Their stature was rising
and their ethical standards were developing. For example, they were
no longer doing advertising. If you were around in the 1950s you saw
anchor John Cameron Swayze in the news. He read the news on the air,
and he used to advertise Timex watches. He used to put them
underwater and demonstrate how they withstood water and vibration.
This was the same guy who was delivering the news. Those days were
supposedly in the past. We now had an ethical news operation that
wasn’t connected to commercials and profits. Well, no longer. Now
you will see, as someone mentioned earlier today, “Dateline NBC”
promoting a Donald Trump program called “The Apprentice.” CBS News
has done special productions promoting the people who make it
through “Survivor.” To paraphrase a current CBS senior executive,
what I don’t understand is that the news division is now just
another production company — another part of the general corporate
operation.
So, I raise all of the questions in terms of broadcasting because it
is the one medium where the means of distribution is owned by you.
Broadcasting is a means of communicating that can only be done if
people get a public license. It was surprising to me when I sent
graduate students out and I said, “Find out how much it costs for a
broadcasting license. You know, the kind of license the biggest
station in New York City has, the station that’s worth a billion
dollars if they sold, and makes hundreds of millions of dollars a
year in revenue — how much did they pay to the taxpayer for that
license?” Well, if they applied when it was new — that is, if they
were applying for a new bandwidth or a new frequency — the cost was
$250. The license used to be reviewed every two years to see if
stations were acting in the public interest. Now, thanks to
deregulation, renewals are every eight years. That’s without any
review. And the cost is $100. So until, I think, we as a political
entity change that — until we restore the idea of a public service
aspect of qualifying for a license -- we’re not going to see very
much change.
Recently the FCC wanted to expand the ownership limits that apply to
various media organizations, and there was a huge outpouring of
public dissent. That was without anyone in Congress raising any
issues, or anyone in the media really saying anything of
significance. So I think people are beginning to understand that we
need to take control of that if those of you in journalism school
expect to get good jobs. Until that changes, we’re not going to see
a very great improvement in what kinds of jobs are available and
what kind of work can be done. Almost all ethical questions, I
think, get suspended until that changes because the kinds of things
that are going on inside of news organizations, especially for
someone starting out, make it difficult for you to even have any
ethical choices.
Finally, I just want to say there may be some hope. I believe that I
have played a small role in developing that hope over the last few
years.
As I’ve said, I went on to go to work as I do now for The New York
Times, for “Frontline,” and for the University of California. One
reason for me to be attached to all three is that I think you can do
quality journalism for broadcast that is enhanced by a simultaneous
print effort and vice versa. In that effort you can help strengthen
the kind of ethical standards that give real meaning to the words
news, journalism and investigative reporting.
This comes from one of the things I noticed when in 1978 I went to
work for ABC News. I had to fly into New York a lot. I noticed that
all of the news executives at ABC News in the morning would open up
The New York Times, The Wall Street Journal, The L.A. Times, and The
Washington Post. This is in the pre-cable, pre-Internet era, so it
was a morning ritual. Some would get their Times hot off the press
the night before if they could, to get a jump.
For the evening news broadcasts the race was on. They’d run around
and make assignments and everybody would go out and put pictures in
the print stories that led the papers. There were exceptions, but
they proved the rule once again.
This led in turn to the print reporters I knew being irked because
these TV guys were ripping off their stories and they weren’t
getting any credit. It still happens today.
As the months in broadcasting turned into years and the years turned
into two decades, I began to think that maybe you could do both --
break the story in print and television at the same time. That’s
what we’re doing today -- or at least trying to do. While working at
The New York Times, what about doing The New York Times story for
television at the same time? What about involving young people like
my students at UC-Berkeley in the early stages so that there’s an
entry-level way of getting into the business of quality reporting.
Maybe we can do some things that would be examples that are so
successful that would help raise the level of what does appear on
television -- and increase the impact of what appears in print. So
that’s my current role. I assume it will take a number of years as I
get older and longer in the tooth, and because I think it’s probably
one of the only ways open for me to survive spiritually and
professionally.
Luckily, there are media organizations like The Times and
“Frontline” that are willing to put resources into that kind of
in-depth reporting and to experiment with the idea of using some of
the other methods of distribution — whether it’s television or the
Internet -- to get that to a wider audience.
Finally, I want to thank you again for proving Mr. Hewitt wrong, and
for letting me come talk with you here in the heartland of America.
While my message may seem negative, please understand that its
negativity is designed to try and help us, me, develop ways to
provide positive pieces, stories, broadcasts to a world starved for
real reporting.
Thank you.
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