Tag Archives: los angeles times

Game Time! Here’s the Key Brief in the Most Important Stage of Ted Rall v. Los Angeles Times

Ted Rall v. Los Angeles Times et al. – California Court of Appeals – Reply Brief – September 10, 2018

(Duplicate first page – keep scrolling, please.)

It’s game time! We have reached the most important stage in “Ted Rall v. Los Angeles Times et al.”

Let me explain.

From the beginning of this case attorneys have told me that the toughest barrier to clearing my name and getting my day in court would be California’s anti-SLAPP law, a statute frequently used by publications to defend themselves against defamation lawsuits.

Upon being sued a defamation defendant can file an anti-SLAPP motion. Discovery cannot begin until it is resolved. If defendant prevails, plaintiff’s case is thrown out and plaintiff pays defendent’s legal fees. If plaintiff prevails, the case begins discovery, subpoenas, etc. A lower court, the California Superior Court in Los Angeles, heard the LA Times’ anti-SLAPP motion. They ruled for the Times, awarding them $356,000 in legal fees.

But that decision is automatically appealable de novo (without consideration for what the lower court decided). So I appealed to California’s Court of Appeals.

We filed an Opening Brief. The Times filed a Reply Brief. This is our Reply Brief to their Reply. No more briefs now. Now we wait for the court to assign a hearing date. At that date or shortly thereafter, probably in early 2019, the Court of Appeals will hear oral arguments.

Although lawsuits are always long and time-consuming and stressful, most attorneys believe that a jury will side with me in this matter, rather than the Times/LAPD.

Please read the brief!

I look forward to reading your thoughts and comments. This case is important to me, but it also has sweeping implications for employment law and the freedom of journalists to operate free of censorship by government agencies and officials.

SYNDICATED COLUMN: All the Anonymous B.S. That’s Fit to Print: Self-Serving Newspapers Like the New York Times Ditch Their Own Ethics Rules

Image result for new york times anonymous op-ed

The most disturbing aspect of the New York Times op-ed by an anonymous “senior official in the Trump Administration” isn’t its content.

The content isn’t significant enough to make an impression.

“Meetings with [President Trump] veer off topic and off the rails, he engages in repetitive rants, and his impulsiveness results in half-baked, ill-informed and occasionally reckless decisions that have to be walked back,” writes Mr. or Ms. Anonymous. The “revelation” that Trump rambles incoherently and can’t keep a thought straight is not news to anyone who has watched Trump speak more than a minute and a half.

What is scary is that the stewards of a grand 167-year-old publishing institution can cavalierly abandon the basic standards of journalism in search of a social media splash in their tepid jihad against a sitting president.

My first response upon hearing about the anonymous op-ed was to read it. What a letdown! This #ResistanceInsider narrative contains nothing we didn’t already know about Trump or his mess of a White House. A trilogy of tell-all books by Michael Wolff, Omarosa Manigault Newman and Bob Woodward, plus a day-to-day geyser of leaks, confirm that the president and his monster’s ball of astonishingly nefarious idiots act just as stupidly behind closed doors as they do when they babble in front of cameras.

Next I checked the Times’ rules for anonymous sourcing.

Reliance on anonymous sources within the government has gotten the Times burned on a number of occasions. “Times editors are cracking down on the use of anonymous sources,” public editor Margaret Sullivan wrote on March 15, 2016.

The most recent word on anonymous sources comes courtesy of Times standards editor Philip B. Corbett. “Under our guidelines, anonymous sources should be used only for information that we think is newsworthy and credible, and that we are not able to report any other way,” Corbett wrote on June 14, 2018.      What was newsworthy about the “I Am Part of the Self-Congratulatory Resistance” piece? Nada. What was in there that the Times was unable to report another way? Nothing. The Times has run other pieces covering the same exact ground: “Trump’s Chaos Theory for the Oval Office Is Taking Its Toll,” March 1, 2018. “Trump Tries to Regroup as the West Wing Battles Itself,” July 29, 2017. “Does Trump Want Even More Chaos in the White House?” May 9, 2018.

Americans are weird. Smokers wake up in the morning wheezing and hocking up loogies, but they need the Surgeon General to convince them tobacco is bad for them. People who live in the same place feel the weather get warmer every year but they still aren’t sure about climate change. Jesus, people, why can’t you trust yourselves?

Now it’s the media’s Trump-bashing. These Captain Obviouses keep flailing from the ridiculous (two years in, there’s still no evidence of Russia-Trump election collusion) to the inane (Trump is cray-cray, it’s really true, some anonymous person, trust us they’re important and know what they’re talking about, says so).

The obvious truth is, Trump was impeachable the second he took office. Temperamentally and intellectually, he wasn’t ever and never will be up to the job. Chief Justice John Roberts ought to have refused to swear in this loon; Congress should have blocked him taking office; the Capitol Police shouldn’t have let him and Melania move into the White House.

The guy shouldn’t be president. Why is the Times breaking its rules to tell us what everyone already knows? Clicks?

During these times of disruption and collapse, it is tempting for struggling legacy media outlets like newspapers to discard their standards to compete with the young Turks (or Millennial techs) who often eat their lunch. But old-school institutions can only survive by maintaining their credibility. They must adhere to their own ethical guidelines, or die.

The Los Angeles Times violated numerous parts of its published Ethical Guidelines when it fired me as its staff cartoonist as a favor to the LAPD. Like the New York Times, one breach was violating their own rules about anonymous sources.

The LA Times repeatedly lied to their readers in their two articles about me. One lie was their claim that the LAPD had officially released documents that proved I had made up a story about being mistreated by a cop who ticketed me for jaywalking. Not only did the documents show I had told the truth, the LAPD wasn’t the source. It was the then-police chief, Charlie Beck, a sleazy official whose tenure was marked by one scandal after another. He was acting on his own, outside official channels, using documents of unknown provenance. Seducing a gullible publisher with a handoff of sketchy documents in a backroom meeting was par for his course.

If the LA Times had told its readers that Beck was the source, people from Santa Monica to East LA would have rolled their eyes and turned the page. Everyone knew I had been making fun of the LAPD, and Beck personally, for years. Everyone knew Beck was a turd.

So the LA Times granted Beck anonymity.

On paper, the LA Times and NY Times had similar standards. “When we use anonymous sources, it should be to convey important information to our readers,” read the LA Times’ Ethical Guidelines, published in 2014. “We should not use such sources to publish material that is trivial, obvious or self-serving. Sources should never be permitted to use the shield of anonymity to voice speculation or to make ad hominem attacks. An unnamed source should have a compelling reason for insisting on anonymity, such as fear of retaliation, and we should state those reasons when they are relevant to what we publish.”

In real life, corrupt publishers and craven editors ignore their own rules. Nothing could have been more “self-serving” than the chief of police of a department whose pension fund owned the parent company of the paper firing a cartoonist who made fun of him. Since there was no actual proof I had lied — there couldn’t be since I’d told the truth — the LA Times “speculated” that I probably lied. Nothing could be more “ad hominem” than falsely accusing a journalist of lying. As police chief, Beck had no “fear or retaliation.”

I’m suing them for defamation and wrongful termination. This could have been avoided had the LA Times adhered to their own stated principles.

Even if you hate Donald Trump, it shouldn’t be hard to see that the New York Times is on a dangerous path.

(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 hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

SYNDICATED COLUMN: Don’t Fall for the First Amendment = Free Speech Trick

Image result for soviet censorship

Like climate change, this is one of those problems I keep expecting people to wise up about but — because they never do — it keeps getting worse.

Thus this tutorial.

The problem is that too many Americans conflate the First Amendment with free speech.

You see it when people discuss the current social-media crackdown against controversial right-wing radio talk show host Alex Jones and his website InfoWars. Jones was banned by Facebook, YouTube (which is owned by Google), Apple and Spotify, and more recently suspended by Twitter for one week. Writing in The New Yorker Steve Coll mocked Jones for calling himself the victim of “a war on free speech.”

“Such censorship is not unconstitutional,” Coll reminds readers. “The First Amendment protects us against governmental intrusions; it does not (yet) protect speech on privately owned platforms.”

The U.S. government is rarely in a position to censor Americans’ freedom of expression. Because the vast majority of censorship is carried about by non-government entities (like the social media companies blocking Jones) the First Amendment only bans a tiny portion of censorship.

Some government agencies do censor the press. A federal judge ordered The New York Times to halt publication of the Pentagon Papers in 1971. The LAPD, whose pension fund owned part of the parent company of The Los Angeles Times and was angry about my work criticizing its brutality and incompetence, ordered the Times to fire me as its cartoonist. They complied. Annoyed by an editorial in the local paper criticizing them for conducting random searches of high school students at basketball games using dogs, the police in Baker City, Oregon created a fake dossier of crimes committed by the editorial writer, which they used to get him fired from his job.

These cases are covered by the First Amendment. But they are outliers.

We can’t protect existing rights if we don’t understand the current parameters of the law. New rights arise from unfulfilled political needs and desires; we can’t fight for expanded protections without defining what is lacking yet desired. Schoolchildren and student journalists, both public and private, are constantly running up against censorship by teachers and administrators. Employers constrain political speech, obscenity and other forms of expression on the job. These are free speech but not First Amendment issues.

In recent decades opponents of free speech, mostly but not exclusively on the right, have relentlessly conflated First Amendment debates with those over free speech. The effect has been to reduce society’s expectations of how much freedom we ought to have to express ourselves.

Take the Jones case.

Writing for the website Polygon, Julia Alexander provides us with a boilerplate (liberal) response to Jones and his allies’ complaints that the big social media companies are suppressing his free speech. First she described some of the episodes that prompted banning Jones, such as pushing PizzaGate and Sandy Hook shooting denialism. Then she pounces: “It’s not a freedom of speech issue, nor one of censorship,” Alexander writes. “The First Amendment…gives American citizens the freedom of speech…The United States government isn’t bringing the hammer down on Jones. This isn’t a political issue, as badly as Jones might want to pretend otherwise.”

See what Alexander did? In just a few sentences she squeezes and smooshes the extremely broad practice of “censorship” into the relatively tiny box of “the U.S. government…bringing the hammer down.” I don’t mean to pick on her — I’ve seen this same exact ball of sophistry used over and over by countless other pundits.

Of course Twitter, Facebook et al. are censoring Jones. Of course the First Amendment doesn’t cover him here. Obviously it’s a freedom of speech issue. The question — the question pro-censorship folks like Alexander doesn’t want us to ask — is, is it right?

For what is right is not always what is legal (see: slavery). Alex Jones and his allies may or not be legit. Their political arguments often are not. But the question they’re asking here is legit and important: should companies like YouTube have the power to suppress speech — any kind of speech?

Alexander ends with a message you ought to find chilling: “Don’t publish vile content, and your video will probably be a-ok.”

“Probably”?

Who gets to define “vile”? Alexander? Mark Zuckerberg, apparently.

Obviously it is a political issue. But that’s not the main point here.

Free speech used to belong to the man with the means to buy ink by the barrel. Now you can buy a newspaper for pennies on the dollar, but who will read it? Much if not most of the political debate in our civic life takes place on platforms owned, controlled and censored by the companies blocking Jones’ content. They write and enforce their own rules. As private companies they are unaccountable to we, the people. We don’t know how they make censorship decisions or who makes them.

Perhaps this is a splendid state of affairs. Maybe Americans don’t mind surrendering control of political debate to faceless tech giants.

Whatever we decide, however, we deserve a transparent discussion. We ought not to let ourselves be fooled into falsely equating free speech to the First Amendment. Free speech means exactly that: everyone and anyone can say anything at all, anywhere they please, to anyone.

Every First Amendment case is a free speech issue. But only a tiny fraction of free speech issues is a First Amendment case.

(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 hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Distributed by Creators Syndicate

(C) 2018 Ted Rall, All Rights Reserved.

Read the Documents Here! LA Times Responds to Cartoonist Ted Rall’s anti-SLAPP Appeal

I sued the LA Times for wrongful termination and defamation in 2016. The Times responded with an anti-SLAPP motion asking the court to order me to pay them hundreds of thousands of dollars in their legal fees. They prevailed at the trial court level.

In 2017 I filed my anti-SLAPP appeal to the California Court of Appeals. Now the Times has responded to my appeal with their own brief.

Here are the relevant documents:

My Opening Brief for my anti-SLAPP appeal:

Ted Rall vs. Los Angeles Times: anti-SLAPP Appellate Brief by Ted Rall on Scribd

The Times’ Respondents Brief:

LA Times’ Respondents Brief for anti-SLAPP Motion in Ted Rall v. Ted Rall et al. by Ted Rall on Scribd

Now we are working on our response to their response. We will post our response brief here after it is finished and filed. After we file that, the court will advise of a date when they will hear my anti-SLAPP appeal.

Obviously my attorneys and I have thoughts about the Times’ arguments as stated in their brief, but Times attorney Kelli Sager reads my blog (hi!) so it would be unwise for me to say anything here about what we think.

However, thousands of heads are better than three! We might be missing something important in this struggle for free speech and against police control of the press. So if you have any thoughts about any of this, please comment here or feel free to contact me directly at rall.com/contact. Thank you for your support!

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.)

Rob Rogers Matters

It seems right to thank Rob Rogers in kind: when the corrupt LA Times fired me, he watched my back with his own thoughtful observations about my plight.

Rob was fired today by the Pittsburgh Post-Gazette, where he had worked for the last 25 years. Overall, he has worked as a professional full-time political cartoonist for 33 years. This was not your garden-variety “let’s lay off the cartoonist so we can pay upper middle management even bigger bonuses” dismissal. After a couple of years of serious handwringing on the part of America’s Democratic Party-dominated editorial cartoonist community, Rogers has emerged as one of the first true victims of a Donald Trump-inspired purge.

Determined to move the P-G into a more pro-Trump editorial orientation, the publisher brought in a new editorial director, Keith Burris, whom he charged, among other things, with either bringing Rogers in line — convincing him to either draw pro-Trump cartoons or simply lay off the president entirely — or figure out a way to get rid of him. Anyone who knows Rob Rogers, or for that matter any decent political cartoonist, could guess that the odds of him agreeing to change his political orientation 180° was likely to fail. What the Post-Gazette wanted was a throwback to the political cartooning of over 100 years ago, when publishers dictated the cartoon that appeared in the next day’s paper. Financial pressures have been extraordinary against cartoonists but few have acquiesced to such rollbacks and Rob Rogers was certainly not going to be one of them.

So instead they decided to kill one of his cartoons. And another one. And another one. By the time they showed him the door, well over a dozen cartoons in a row had been drawn but failed to appear in print.

I’m not sure I really understand this tactic. I didn’t go to business school. I would imagine that humiliating and harassing someone into leaving works best when they can easily find another job in their chosen profession. That’s not really true in journalism.

If there’s a class about how to fire people at any decent business school, they should probably use the Rob Rogers firing as an example of exactly what not to do. Look, it’s their paper. They can publish or not publish whoever they want. Maybe it’s crazy for a city like Pittsburgh to have a pro-Trump newspaper but that’s their prerogative if they want to go under. They had the right to fire him.

But why do it that way? Why not simply call him into the office, explain the fact that the editorial orientation of the newspaper had changed, and offer him a generous severance package (I would think two or three years salary would be sufficient) along with full retirement? And send him out with a little bit of glory and dignity, allowing him to say his goodbyes in cartoon form and perhaps showcasing a few pages of his best cartoons over the years? 25 years of loyal service earned him that. More than that, Rob is a fixture in the community. He is always front and present, organizing and hosting cartooning-related panels and shows at art galleries. Disappearing him like a Soviet apparatchik airbrushed out of photos from the top of Lenin’s tomb is a little insane.

Alternatively, why not simply make clear that he could stay on board as a liberal cartoonist even though the editorials would be conservative? My former employer the Los Angeles Times did that with cartoonist Mike Ramirez in the 1990s, but in reverse. The paper had a liberal editorial orientation but Mike was very conservative. Many newspapers with a specific editorial orientation run columns by columnists whose politics disagree with them.

Rob deserved better than to be given the bum’s rush. I suspect that much of the national media will focus on the Trump aspect of the story but I think the real issue is the cruel treatment given to a loyal employee who never did anything wrong and wasn’t even accused of doing anything wrong. I don’t know how that publisher or that editor can live with themselves.

They’re both disgusting.

SYNDICATED COLUMN: Austin Beutner: L.A.’s Creepy New School Superintendent Keeps Failing Up, Leaving Destruction in His Wake

Image result for austin beutner superintendent

The Los Angeles Unified School District faces big problems. Magnet schools and second language programs have failed to slow declining enrollment; each of the 12,000 kids who pulls out this year means less state funding. The sprawling bureaucracy seems unable or unwilling to respond to chronic bullying centered in the elementary schools. L.A. United is in the peculiar position of raising its budget — most recently to $7.5 billion — while still having to cut back support personnel.

L.A. Unified requires strong, decisive leadership by an education expert in it for the long haul. The last thing the district and its 640,000 students need is a narcissist dilettante with one agenda: prettying up his resume. But that’s what it’s getting in the form of Austin Buetner.

The shadowy 58-year-old hedge fund billionaire and philanthropist, a self-declared political nonpartisan (but Bill Clinton ally) who began accruing his fortune making shady investments amid the ashes of the collapsed Soviet Union under Boris Yeltsin and co-founded the shady boutique investment and consulting company Evercore Partners, recently got the nod from the school board to take charge of L.A. United’s nearly one thousand schools as superintendent. Scratch the thin surface of Beutner’s resume, however, and what you find is a Hillary Clinton-like predilection for failing upward.

“Cynics might look at Beutner’s conquest of Los Angeles — the fastest takeover of a major global city since the Visigoths sacked Rome — and suggest that Southern California’s institutions must be awfully weak to keep seeking the services of the same finance guy,” Joe Mathews sardonically observed in The San Francisco Chronicle. “They might question why he keeps getting jobs while only staying in previous ones for a short time (a year or so) and without producing a record of sustained success.”

Beutner’s first major foray into public service was as deputy mayor, but he only lasted a year at City Hall. He quit to run for mayor, but gave that up when it became clear that his candidacy had fewer takers than New Coke.

In 2014 Beutner, who had no journalistic experience and as far as we know has never even delivered a newspaper, was named publisher of The Los Angeles Times, following more than a decade of brutal budget cuts, declining circulation and diminishing relevancy. No one but the man himself knows why he wanted the job; Southland political observers theorized that he wanted to leverage the editorial page to run for mayor again or perhaps for California governor. To be fair, no one man could have fixed what ailed the Times after its long gutting — but if such a miraculous creature existed, it wasn’t Austin Beutner.

The problem as always for Beutner is that while he knows how to slap backs and twist arms in the toniest corridors of power, he has no natural political constituency amid the electorate. He “lacks…name recognition,” the Times drily reported during Beutner’s aborted 2011 mayoral run.

Disclosure: Violating journalism’s traditional wall between the editorial and business sides of the operation, Beutner fired me as the newspaper’s editorial cartoonist as a favor to his biggest political ally, LAPD Chief Charlie Beck, because I had made fun of the cops. Overeager to please the fuzz, he even published a pair of articles about me that pretty much defined the word libel. I’m suing him and the Times for defamation and wrongful termination.

Beutner’s dealings with the LAPD, whose pension fund purchased substantial shares of the Times’ parent company during the short Beutner era, may be one of many moving parts of what school board member Scott Schmerelson, who voted against Beutner for the superintendent post, was referencing when he complained that the board majority failed “to exercise due diligence regarding Mr. Beutner’s lengthy and tangled business affairs.” Quoting Schmerelson, the Times lazily allowed: “Schmerelson did not cite an example, but Beutner, who is wealthy, has wide-ranging investments and a complex business background.”

To say the least.

Just over a year after taking the helm at Times Mirror Square, Beutner brazenly attempted a failed boardroom coup to seize both the Times and the San Diego Union-Tribune from the clutches of the Chicago-based Tribune Publishing (now known as Tronc). The Tribbies were so appalled that they ordered him unceremoniously removed with his banker’s box full of office supplies, turning off his Times email account so he had to send his farewell via Facebook.

Now this creepy dude is running the schools. Which prompts a few questions.

Beutner is loaded. He doesn’t need the job. Why does he want it? (Although he’s apparently not so much of a billionaire that he turned down the job’s $350,000-a-year paycheck.)

Will he last more than a year this time?

Will there be parent-political blowback from the, to be charitable, less than transparent way that he won the support of the school board over Vivian Ekchian, the incumbent interim superintendent and career educator?

Asked the first question, Beutner responded, as he often does, with a stream of pablum: “It’s about the kids. My own roots, my mom was a teacher, my dad worked very, very hard to make sure that I had a great public education. It’s that common place — it’s the community place, the commonplace, the community connects. And if we can provide students that same opportunity I had with a great public education, what a gift, what an honor to be able to work towards that.”

In other words, who knows what Austin wants? The most obvious answer is that Beutner is a wannabe political animal who recognizes his biggest political problem: no one knows who he is. Being perceived as having turned around the schools might be leveraged into a mayoral or even gubernatorial run. Perhaps he’ll want to connect his business allies to lucrative contracts supplying the district; if so, he would merely be following up such fiascoes as the district’s 2013 plan to issue iPads to every student, which devolved into scandal. Beutner is a proponent of charter schools, but he faces a dilemma there: every student who transfers to a charter school takes away more revenue from the traditional institutions.

The Beutner-aligned Southern California media universe isn’t spilling much ink on the aftermath of the Ekchian snub. But a lot of parents, not to mention women reveling in the #MeToo movement, felt rubbed the wrong way by the appointment of a rich white male educational neophyte over a woman with 32 years of experience working within L.A. Unified, where she began as a teacher assistant.

“The man you’re about to choose has no history of success anywhere,” warned ex-school board president Jeff Horton. “What that says to all of the educators that you depend on to deliver your product is, ‘We don’t really care whether a person knows about education. We have other criteria — which are connected with our donors and our backers.’” The majority in the 5-2 vote received a total of $15 million in donations from the charter lobby.

One thing is certain: even for a miracle worker, it will take a lot longer than Beutner’s usual year-long tenure to demonstrate significant improvement in the district. Times columnist Steve Lopez lists the issues: “Falling enrollment, rising pension and healthcare costs, academic struggles, billions in deferred building maintenance at hundreds of schools, political division on the board and an ongoing philosophical difference between charter school supporters and those who believe they are draining traditional schools staffed by union teachers.”

Here’s the rub: even if Beutner somehow manages to make a dent in L.A. Unified’s longstanding problems, there’s no metric in place to judge success that everyone agrees upon. Knowing Beutner — as you can imagine, I’ve studied him closely — I’d lay better-than-even odds that, as ever in search of a quick score to pump up his political prospects, he’ll throw up his hands and walk away again before long.

(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 hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

SYNDICATED COLUMN: Media Companies Are Abusing Anti-SLAPP Laws to Publish Fake News with Impunity

Image result for national enquirer richard simmons

The National Enquirer and Radar Online published a series of news stories that reported that Richard Simmons, the fitness instructor and TV personality, was transitioning to become a woman. “Richard Simmons: He’s Now a Woman,” read an Enquirer headline.

He’s not.

The Enquirer lied about Simmons. So he sued.

Seems like a straightforward case of libel. Yet, insanely, thanks to California’s constitutionally dubious, nonsensical “anti-SLAPP” statute, a judge has ordered him — a bona fide victim of “fake news” — to pay the Enquirer $122,000. The miscarriage of justice in Simmons’ case is worth thinking about as well-intentioned progressives try to defend the Fourth Estate from toxic smears by President Trump.

Proposals like a federal “shield” law to protect journalists and their sources could help shore up the First Amendment. But the current push for a national anti-SLAPP law like the one that slammed Simmons is woefully misguided and would only bolster Trump’s argument that the media publishes lies with impunity.

Simmons, a gay icon who calls himself “an avid supporter of the LGBTQ community,” sued the media outlets for libel in Los Angeles. Simmons presented key evidence, an Enquirer document indicating that the newspaper could not rely on its source for the Simmons transgender story, his former assistant.

The landmark 1964 U.S. Supreme Court case Sullivan v. New York Times established a standard that, in order to prove libel, a public figure such as Simmons must show that the defendants either knew a story was false at the time of publication, or that they had reckless disregard for the truth. Simmons seems to have the makings of a successful case on both counts.

Simmons says he sued because the stories violated his privacy and falsely portrayed him as someone he’s not. Also, given that as many as one out of four Americans are uncomfortable with and/or actually despise transgender people, it would not be unreasonable for Simmons to worry that he might lose business as a result.

Twenty-eight states have anti-SLAPP (“strategic lawsuit against public participation”) laws. They’re presented as a way for a poor individual or whistleblower to defend themselves from deep-pocketed corporations. The reality is a classic case study in unforeseen consequences: poorly-written, confusing anti-SLAPP laws are routinely abused by giant media outlets so they can avoid being held accountable for reckless smears and to send a chilling message to victims who seek redress in the courts.

The assumption behind anti-SLAPP appears to have originated during the Reagan-era “tort reform” movement. Courts, conservatives claimed, were clogged by frivolous lawsuits filed by giant companies. In 1996, for example, Texas cattlemen sued talk host Oprah Winfrey under the state’s “veggie libel” law for saying that she’d stop eating burgers. But there is no statistical evidence that the problem, if it exists at all, is widespread or can’t typically be disposed of by the standard litigation tactic of filing a motion for summary judgment.

In states like California, a libel or defamation defendant like the National Enquirer can file an anti-SLAPP motion as soon as it receives a lawsuit. Discovery stops. Plaintiffs aren’t allowed to subpoena documents or depose witnesses. A judge reads the legal complaint, assumes everything the plaintiff says is true and everything the defendant says is false and, based on those assumptions, assesses whether the case has minimal merit. If so, the anti-SLAPP motion is denied and the case moves forward.

If not, the case is thrown out of court and the plaintiff is ordered to pay the defendant’s attorneys’ fees. (The supreme courts of Minnesota and Washington have declared anti-SLAPP laws unconstitutional because they violate plaintiff’s right to a jury trial.)

That’s what happened to Richard Simmons. He is appealing.

Anti-SLAPP laws rely on a flawed theory. In reality, deep-pocketed interest groups like the cattlemen who sued Oprah aren’t deterred by the potential expense of having to pay the defendant’s legal fees. Moreover, the statutes are extremely confusing, featuring more exceptions to exceptions than French grammar. Moreover, anti-SLAPP asks judges to act against their very nature; for example, judges are not supposed to assess the evidence, but simply take everything the plaintiff says at face value. In case after case, judges simply can’t help themselves.

Judges are gonna judge.

Which is how Simmons, the gay icon, wound up on the hook for $122,000, forced to pay a newspaper that lied about him, that oppressed him, that common sense says owes him an apology and a retraction, as a martyr to transgender rights. Los Angeles Superior Court Judge Gregory Keosian ruled that Simmons falsely being declared a woman did not expose him to “hatred, contempt, ridicule or obloquy,” so no more defamation occurred than if they had falsely described the color of his clothes.

“While, as a practical matter, the characteristic may be held in contempt by a portion of the population, the court will not validate those prejudices by legally recognizing them,” Keosian ruled.

If Simmons loses his appeal, California’s Court of Appeals will order him to pay the publications even more money.

To most people, Simmons’ case is a mere judicial curio. Not for me. I’ve taken an interest in anti-SLAPP laws since 2016. That was when the Los Angeles Times, defended by the same lawyers as the National Enquirer, filed a California anti-SLAPP motion against me. I had sued the Times for defaming me in a pair of articles they ran as a favor to the Los Angeles Police Department, which I had criticized as the paper’s editorial cartoonist, by falsely accusing me of lying and fabulism.

Like the judge in Simmons’ case, Judge Joseph Kalin failed to follow the letter of the anti-SLAPP statute. He ignored the minimal-merit standard. In his decision, he stated that the facts in the case were in my favor, not the Times. Nevertheless, he ruled against me using logic counter to the anti-SLAPP law and awarded the Times and their lawyers — the party that victimized me — $350,000. I am appealing too.

In both these cases and countless others, wealthy media conglomerates are shaking off cases that deserve their day in court before a jury, and collecting hundreds of thousands of dollars at a time from plaintiffs victimized by brazen journalistic malfeasance. Media companies might be winning in courthouses — but they’re getting clobbered in the court of public opinion.

(Ted Rall, the editorial cartoonist and columnist, is the author of “Francis: The People’s Pope.”)

Ted Rall vs. LA Times: Here’s Rall’s Appellate Brief Challenging the Times’ Nasty, Abusive “anti-SLAPP” Motions

Yesterday my attorneys filed, and California’s Court of Appeals accepted, our Appellate Brief in my defamation and wrongful termination lawsuit against the Los Angeles Times et al.

I sued in 2015. The Times filed three anti-SLAPP motions against me, halting the case because they’re scared of facing a jury and want to intimidate me. In 2017 a lower-court judge ruled for the Times, ordering me to pay them $350,000 in the Times’ attorneys fees. This document is our appeal of the 2017 decision.

If successful, the $350,000 judgement will be vacated and I can build my case to take to a jury.

If not, the $350,000 stands, plus more fees for the Times defense of this appeal. And my case dies. And Californians who work for media companies will have no recourse in the courts if their employer discriminates against them, even if they do so for racist or sexist or homophobic reasons.

Please read our brief below; it’s an interesting read. I look forward to hearing your thoughts and reactions. Thank you for your incredible support!

 

Ted Rall vs. Los Angeles Times: anti-SLAPP Appellate Brief by Ted Rall

Today We Are Challenging the LA Times’ anti-SLAPP Motion in California’s Court of Appeals

California anti-SLAPP rulings are automatically appealable “de novo” ( which means the higher court looks at it with “fresh eyes”) to the Court of Appeals. Therefore, today my attorneys Jeff Lewis and Roger Lowenstein are filing our appellate brief in Ted Rall vs Los Angeles Times et al. We are asking the justices to overturn the lower court ruling issued last summer, which found that the Times has an absolute privilege under the First Amendment to publish anything it wants about anyone, even it’s false and libelous. The lower court acknowledged in its ruling that the enhanced audio showed that I wrote the truth in my May 2015 blog post about jaywalking.

Even though California’s anti-SLAPP law makes it extremely difficult to sue for defamation, we do not believe the law was intended to, nor does it say, what the Times is arguing. So we are fighting on.

This path is not without risk. The lower court awarded the Times about $350,000 in legal fees, and ordered me to pay them. If the Court of Appeals agrees with the Times, my case will be dismissed and I will have hundreds of thousands in additional fees.

Nevertheless, it is important that victims of injustice stand up for themselves, and not just for their own sake but for the betterment of society. If the LA Superior Court ruling stands, it would create a precedent that would effectively legalize libel. This could ruin countless lives and careers. In addition, the Times must be held accountable for its corrupt collusion with the LAPD. Media organizations should not create financial partnerships or close associations with law-enforcement agencies they are supposed to cover objectively. Given that the Times publisher was friends with the chief of police whom I mocked in my cartoons, is it any wonder that the LA Times does a lame job reporting on police malfeasance and violence against people of color?

After the court accepts it, I will post and disseminate a copy of our Appellate Brief online. If you wonder why the press is in trouble these days, it’s worth a read.

You can support my legal battle against the LA Times here.