SYNDICATED COLUMN: The “Thin Grey Line” — The Media’s Conspiracy of Silence on Defamation and Libel

Even the shirt is “fake news.” Look at the text. It’s not actually printed on the fabric. (from LATimes.com)

I am suing for the Los Angeles Times and the $638 million newspaper conglomerate Tronc for the defamation and wrongful termination they carried out as a favor for the chief of Los Angeles Police Department.

I don’t know how things will turn out. But I have learned a lot about the justice system.

            I’ve learned there’s a “Thin Grey Line” — a conspiracy of silence that media outlets use to shield one another from public scrutiny and accountability. It’s not President Trump’s supposed “fake news.”

It’s No News At All.

A black hole.

If media misconduct falls in the woods, whatever sound it makes receives no coverage in “rival” media outlets.

The Thin Blue Line is a 1988 movie describing how police protect one another from allegations of wrongdoing by clamming up about what they know, leading to the railroading of an innocent man. Similarly, media organizations conspire to keep allegations of libel and other wrongdoing out of the public eye. You don’t cover my bad behavior and I won’t cover yours.

Of course, some libel lawsuits are too big to ignore. In those cases the Thin Grey Line slants their coverage to make the victims look like petulant crybabies or greedy pro-censorship fascists.

I learned about the Thin Grey Line when I reached out to media organizations about my situation with the LA Times. Although certain outlets did a good job covering my case — the UK Guardian and the New York Observer stood out — big papers like the New York Times and Washington Post wouldn’t touch it.

“Cartoonist Critical of Police Fired as Favor to LAPD after LAPD Pension Fund Buys Major Interest in LA Times’ Parent Company” has all the components of a major story: big guy crushes little guy, privacy violations, secret police spying on citizens going back decades, ugly conflicts of interest, a police department pension fund that bought newspaper stock so it could leverage it into editorial control of major newspapers, a criminal conspiracy at the highest levels of local government.

If the villain wasn’t a media company, a media outlet would be all over it.

Most U.S. media outlets ignored my story. Most that put out reports were either online-only or based overseas.

Some, like NPR, explained that my story required investigative reporting for which they didn’t have a budget.

Rall v. Los Angeles Times is a natural fit for The Intercept, the news site dedicated to the Snowden revelations and perfidy by government and the press. Indeed, an Intercept reporter worked the story, spending hours talking to me. Then he took it to his editors — who killed it. Was someone higher on the food chain connected to the Times or LAPD? Were they reluctant to take on a fellow media outlet? All I know is, the guy never called me back. That’s unusual to say the least.

Historically, problems at the local daily newspaper have been red meat to an alternative newsweekly, the scrappy underdog in many metro media markets. New York’s late Village Voice used to love taking on the Times, Post and Daily News. But things are different now. Journalists who follow Los Angeles are shocked that LA Weekly won’t cover my two-year-old lawsuit.

Major libel verdicts against media outlets get buried by the Thin Grey Line. A jury dunned the Raleigh News & Observer $9 million for libel in 2016. Two Cal Coast Weekly writers owe their defamation victim $1.1 million as of 2017. You probably didn’t hear about those.

But you probably did hear about Hulk Hogan’s $140 million libel verdict against Gawker, which put the site out of business. Most coverage bemoaned the supposed effect on press freedom, not Gawker’s crazy decision to publish a video of Hogan having sex or to keep it online after Hogan’s lawyer offered to let the whole thing go for zero cash if Gawker took it down.

            Legacy media still hasn’t figured out the Internet. But they’re good at propaganda. Exploiting Trump’s bombastic “fake news” broadsides against the press, they’re casting themselves as party organs of the anti-Trump “Resistance.”

“Democracy dies in darkness,” The Washington Post tells its readers.

“The truth is more important now than ever,” quoth The New York Times.

Hilariously, The Los Angeles Times: “Speaking truth to power.” (But not to the chief of police!)

            As a journalist and satirist who relies on the First Amendment, I am sympathetic to worries that news outlets might self-censor due to the threat of libel suits. But corporate media looks ridiculous when they portray every defamation and libel plaintiff as sinister threats to press freedom. And it’s downright silly to pretend that every libel and defamation case is inherently frivolous.

“The $140 million payout mandated by a Florida court in Hogan’s privacy case against Gawker, which was bankrolled by Silicon Valley billionaire Peter Thiel, was a chilling development for media companies that are already battling to keep costs down,” Keith Gessen wrote in Columbia Journalism Review.

Nowhere in Gessen’s piece did he mention that Gawker could have saved every penny of that $140 million by exercising a modicum of editorial judgment. Or that Thiel’s role merely leveled the playing field between an individual and a (then-) deep-pocketed media outlet.

The Hogan verdict is only “chilling” to publications so arrogant and stupid as to fight for the right to gratuitously publish material that can ruin a person’s life — material with zero news value — without a legal leg to stand on.

Based on the coverage of the Gawker-Hogan coverage I’ve read since the 2016 verdict, most media outlets are still pushing the Thin Grey Line narrative that Hogan had no grounds to complain. I say that Hogan has the right not to have his sex acts posted to the Internet without his permission.

Thin Grey Line aside, I bet most people agree with me.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s independent political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Millennial Splaining

Millennial-splaining is the practice by some young adults of explaining in a pompous way how things used to be when their older listeners were around and they were not.

SYNDICATED COLUMN: Wimpy Cops and Scared Soldiers: Why Are Americans Such Cowards?

America has a problem that afflicts both her foreign policy and domestic affairs: cowardice.A nation of wusses. That’s us.

That’s not how we see ourselves, of course. Whatever our flaws – impetuousness, naïveté, our sense of exceptionalism – few Americans count pusillanimity among them. For conservatives bravery as a national trait is a given; if anything, progressives wish we’d walk it back a bit, toning down the testosterone in favor of a little humility.

From the outside, however, we look like a nation happy to inflict all manner of mayhem on people all over the world, yet unwilling to put our own precious skins in the game.

Drones are the ultimate manifestation of America’s newfound risk aversion. After more than 12 years of remote-controlled aerial killer robot warfare, the statistics are undeniable: unmanned aerial vehicles are a ridiculously sloppy assassination method that kills anywhere from 28 to 49 times more innocent civilians than targeted alleged terrorists. With the myth of accuracy thoroughly debunked, drones remain popular with the public for one reason: they don’t expose American soldiers to return fire.

What we see as an advantage, however, sparks contempt among foreigners that our adversaries in this war for hearts and minds exploit in their recruitment and fundraising efforts. You see it in the faces of the Afghans and Pakistanis I have interviewed: if the United States military had any honor, they say, it would come and face our warriors man to man, on the battlefield, rather than pushing a button thousands of miles away. Every “terrorist” we blow up makes us look worse.

Moreover, cowardice is unproductive on a psychological level.

During the early years of the American occupation of Iraq, British forces (who patrolled the region around Basra) suffered lower casualty rates in the zones under their control than their American counterparts. One reason, according to military psychologists, is that British troops presented themselves as more willing to expose themselves to the Iraqi public and less afraid of being hurt or killed. Whereas US forces wore wrap-around sunglasses and set up checkpoints behind sandbags and blast walls, sometimes identifying themselves only by shooting at approaching cars – which caused confused Iraqis to floor the gas, prompting US forces to kill them – the Brits acted more relaxed, like traffic agents standing right out on the road. Americans covered themselves with Kevlar and automatic rifles; the British wore formfitting uniforms, eschewed helmets and satisfied themselves with sidearms. Sunglasses were banned. The American approach seemed safer, but the opposite was true. It’s easier to shoot at something – the Americans looked like fascist robots – than someone.

For a country that used to pride itself on a certain stoicism, the United States has become a land of whiny little boys and girls.

Oh, how we cried after 9/11. 3000 dead! Those “Wounded Warrior” TV ads asking for donations to support Afghanistan and Iraq war veterans – excuse me, but why am I spending 54% of my federal tax dollars on defense if I also have to donate to a sketchy charity? – use the same melancholy tone and weepy delivery as Sally Struthers’ classic “save the children” messages. Obviously, it sucks to lose your arms and legs, but let’s grow a pair. Fewer than 7,000 Americans got killed invading two countries they had no business in in the first place.

Let’s put those numbers into proper perspective, shall we? The Soviet Union lost 20 million people fighting the Nazis (who invaded them, by the way). France lost 11% of its population during World War I — the equivalent for us would be 34 million Americans. But the Russians or French don’t bitch and moan as much as us.

Speaking of which, Americans have a lot of balls calling Frenchman “surrender monkeys” considering that nearly twice as many French soldiers were killed in in the 1940 Battle of France over six weeks as the United States lost in Vietnam over the course of a decade. Meanwhile, we’re still whining about the 58,000 we lost in – no, invading – Vietnam.

Here at home, we’re infested with wimp cops.

In recent weeks, we have been treated to grand jury testimony in the shootings of two black men, Michael Brown in Ferguson, Missouri, and Eric Garner in Staten Island, New York.

Both killer cops are bruisers — big, muscular guys. Most of all, they are cops. Cops have partners. They have the backing of the state. They carry tasers. They have nightsticks. They go to the police academy, where they train long hours in the art of subduing human beings. And as we well know, they have access to military style hardware and defensive gear.

As these two sniveling wimps tell the tales, however, they were in desperate fear of their lives.

From two guys, both now dead, who were morbidly obese.

Not to mention unarmed.

Ferguson police officer Darren Wilson (6’4″ 210) claimed that Brown (6’4″ 292) terrorized him. “I felt like a five-year-old holding onto Hulk Hogan,” he testified. Brown “had the most intense aggressive face,” he said. “The only way I can describe it, it looks like a demon, that’s how angry he looked.”

The NYPD’s Daniel Pantaleo told a grand jury that, after he got his arm around Garner, he was terrified that the two of them would crash through the thick glass window of a storefront they were leaning against.

Both grand juries declined to indict the cops.

Sure, these were the testimonies of two heavily lawyered defendants following a script that has gotten countless white policeman off the hook for killing unarmed black men in the past. But you still have to ask: aren’t those big “brave” policemen ashamed of themselves? I’m not sure which is worse, pretending to be afraid of an unarmed civilian – in the New York case, the guy wasn’t even resisting arrest – or the possibility that they actually were scared.

There’s nothing wrong with being scared in the face of danger. Bravery, after all, is the act of keeping cool in the face of danger.

In the United States in recent years, however, bravery has been in short supply – even in the face of very little danger at all.

(Ted Rall, syndicated writer and cartoonist, is the author of the new critically-acclaimed book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan.” Subscribe to Ted Rall at Beacon.)

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