Tag Archives: los angeles times

Ted Rall v. Los Angeles Times: What You Need To Know

My lawsuit against the Los Angeles Times is a long, complicated story. The following is an attempt to bring you up to speed in digestible form.

I became the staff cartoonist of the Los Angeles Times in 2009. Unbeknownst to me, in 2014 the LAPD Pension Fund became the biggest shareholder of Tribune Publishing, parent company of the Times. No one at the Times told me to lay off cartoons about the cops, probably because my editors too were unaware of the secret deal. In 2015 the Times fired me at the request of the LAPD.

The LA Times’ Nutty Audio
I was walking from a Bill Maher show taping to dinner in West Hollywood in October 2001 when an LAPD motorcycle officer confronted me, handcuffed me and roughed me up, drawing a crowd of passersby. He wrote me a ticket for jaywalking. I had not been jaywalking. I filed an Internal Affairs complaint about the false arrest but nothing came of it.
Image result for charlie beckIn July 2015 a LA Times reporter informed me that the officer had secretly audiotaped my arrest, that the LAPD (actually, it was Police Chief Charlie Beck, see below) had given the Times (actually, to publisher Austin Beutner, see below) the tape and that the tape showed I had lied about being handcuffed and mistreated by the cop in a 2015 blog that was posted with a cartoon that I did for the Times about an LAPD jaywalking crackdown.
The sound quality is atrocious. It’s 6-1/2 minutes of static, wind and traffic noise. There is evidence that it was spliced or otherwise tampered with. The LAPD audio neither confirms nor denies my account, which was truthful. Nevertheless, the Times decided to terminate me AND to publish a libelous “Editor’s Note” to readers intended to destroy my reputation as a journalist so that I would never work again.
I had the audio “enhanced”—cleaned up so that voices and other sounds could be heard. The enhancement confirmed my version of the encounter, including a woman shouting “Take off his handcuffs!” at the officer. I sent the vindicating evidence to my editors at the Times. They ignored me.

The Times Doubles Down
Three weeks passed. During this time, pressure built on the Times to reverse their decision. Journalistic organizations, Times subscribers commenting on their website, letter writers and social media from left to right urged the Times to reinstate me. They refused questions from reporters at other press outlets, censored the letters and shut down online comments at latimes.com. Thanks to the enhanced audio, the Times knew it had libeled me in the Editor’s Note. Rather than issue a retraction and offer me back my job, the Times issued a second article, this one by the Times’ ombudsman, that doubled down on the allegations from the first article, which they knew to be false.

My Lawsuit
I waited seven months for the Times to do the right thing. Finally, in 2016, I sued the Times, its parent company Tribune, and four individuals for defamation and wrongful termination. I am determined to defend my reputation against these scurrilous smears.

Here are the individual defendants:

Austin Beutner
Image result for Austin BeutnerTimes publisher at the time, hedge-fund multi-billionaire Austin Beutner was subsequently fired by Tribune for trying to orchestrate an inside-the-boardroom coup. Beutner secretly met with LAPD Chief Charlie Beck, who subsequently resigned in disgrace. At this meeting Beck handed Beutner the audio recording from 2001. Beck demanded that I be fired for criticizing the police in my cartoons; Beutner, Beck’s political ally and a man who’d like to run for mayor or governor, complied. (The Times still hasn’t told readers where the audio came from.) Beutner is currently the superintendent of the Los Angeles public school district, the largest in the country. His refusal to give teachers a raise prompted an acrimonious walkout by educators.

Nicholas Goldberg
Image result for nick goldberg la timesTimes editorial page editor Nicholas Goldberg, a middle manager, appears not to have been trusted with inside knowledge of the high-level conspiracy between Beutner and Beck. It’s hard to know anything for sure before the courts grant discovery, but Goldberg’s role was likely limited to that of hatchet man: his by-line is on the Editor’s Note.

Paul Pringle
Image result for paul pringle la timesBypassing Goldberg, Beutner probably assigned Times investigative reporter Paul Pringle to look into my story. Pringle informed me that the LAPD was accusing me of lying and questioned me at length about what happened the evening of the jaywalking arrest. Pringle, who worked the “cop shop” beat for years and thus spent a lot of time with police, made clear that he believed the cops, not me. Among other silliness, he asked why the low-quality audio didn’t contain the sound of my driver’s license (made of paper) hitting the ground after the officer tossed it or the click of the handcuffs going on. He also wondered why there was no sound of me arguing with the officer; I repeatedly explained that I was compliant, that I don’t argue with cops. In order to determine the authenticity of the LAPD audio, he told me, he asked the LAPD if it was legitimate. Pringle won the 2019 Pulitzer Prize for Investigative Journalism.

Deirdre Goebel Edgar
Image result for deirdre edgarUntil 2018 Deirdre Goebel Edgar was the “Reader’s Representative” of the Times. The reader’s representative is the ombudsman of a newspaper; though paid by the paper her duty is akin to Internal Affairs at a police agency: to make sure the paper is upholding journalism’s highest ethical standards in service to readers. Indeed, in 2014 she authored the Times’ Ethical Guidelines. Among other things, the guidelines require that the subject of a critical story be interviewed at length, in person, to give their side. Edgar wrote the second “doubling down” article in 2015 smearing me as a liar. She did not contact me.

The Times Hits Me With an Anti-SLAPP Motion
Image result for kelli sagerCalifornia’s anti-SLAPP (strategic lawsuit against public participation) law was designed to stop individuals and whistleblowers from being slammed by big corporations like real estate developers out to crush community activists by tying them up in court with frivolous defamation claims. After I sued the Times, Kelli Sager—a high-powered $715/hour attorney employed by such reputable enterprises as the National Enquirer to fend off legitimate libel lawsuits—hit me, a fired $300/week cartoonist, with an anti-SLAPP motion alleging that I was using my power and influence to deprive the Times of its First Amendment free speech rights. The Times is currently owned by Dr. Pat Soon-Shiong, who is reportedly worth $7 billion. Soon-Shiong gets a lot of good press that he doesn’t deserve; he has continued to employ Sager.
Before the case begins, the anti-SLAPP motion must be resolved. First up: the trial court.

Superior Court
At trial court in Los Angeles, the Times filed a motion for summary judgement against me, arguing my claim to be frivolous. The judge at the time, who retired a few months later, denied the Times’ motion.
Switching tacks, Sager filed a motion demanding that I post $300,000 cash bond to guarantee the Times’ legal fees in the event that it won anti-SLAPP and won a judgement that required me to pay the Times’ attorneys’ fees, because I live in New York and not California. The judge knocked it down to $75,000. Hundreds of people contributed to my GoFundMe. I posted bond. Every year I pay the bond company $1250 to hold the money.
After a blizzard of stalling tactics by Sager, Judge Joseph Kalin heard the anti-SLAPP motion in 2017. Just days before the second and third of three anti-SLAPP arguments, attorney Carney Shegarian abruptly fired me as his client. I do not know why. I quickly found a new attorney but Judge Kalin ruled that I had to represent myself against Sager in oral arguments.
Anti-SLAPP requires judges not to assess the evidence, but to assume that all the claims are true to see if the complaint has any merit. Kalin assessed the evidence, agreed that the audio enhancement showed I was innocent, and nonetheless ruled against me. He ordered me to pay the Times $330,000 for Sager’s fees.
I appealed.

Court of Appeal
Earlier in 2019 the Court of Appeal, also in Los Angeles, heard my appeal. Like Kalin, the Court of Appeal ignored the anti-SLAPP rule about assessing evidence. During oral argument Justice Elizabeth Grimes, seemed shocked when my attorney Jeff Lewis brought it up. Grimes ruled for the Times.
I appealed. The California Supreme Court accepts fewer than 5% of petitions for review so I was pleasantly surprised when they agreed to hear my appeal. Seven major First Amendment organizations issued amicus letters supporting my appeal to the state Supreme Court.
My petition was a “grant and hold,” which means it’s tied to the outcome of a related case, in this situation Stanley Wilson v. CNN. Wilson claims he was wrongly terminated and defamed by CNN as a ruse, with the real reason being race discrimination.

California Supreme Court
The high court ruled in favor of Wilson in a ruling that urges lower courts to grant discovery in anti-SLAPP cases, something that was denied us. That bodes well. We’re waiting to hear if the court remands us back to the Court of Appeal with instructions to rehear us in light of Wilson, or schedules oral arguments before them directly.
A favorable ruling by the Supreme Court would mean that the $330,000 judgement would be erased, we can begin discovery and, four-plus years after the fact, the actual case would commence.

Political Cartooning Was Murdered. Here’s the Autopsy.

Image result for charlie hebdo massacre

A century ago newspapers employed more than 2000 full-time editorial cartoonists. Today there are fewer than 25. In the United States, political cartooning as we know it is dead. If you draw editorial cartoons for a living and you have any brains you’re working in a different field or looking for an exit.

You can still find them online so political cartoons aren’t yet extinct. But they are doomed. Most of my colleagues are older than me (I’m 55). As long as there are people, words and images will be combined to comment on current affairs. But the graphic commentators of tomorrow will be ad hoc amateurs rather than professionals. They won’t have the income and thus the time to flesh out their creative visions into work that fulfills the medium’s potential, much less evolves into a new genre.

With zero youngsters coming up in the ranks and many of the most interesting artists purged, our small numbers and lack of stylistic diversity has left us as critically endangered as the wild cheetah. The death spiral is well underway.

June 2018: The Pittsburgh Post-Gazette fired Rob Rogers, a 25-year veteran, for drawing cartoons making fun of President Trump. (Rogers had always been a Democrat.)

January 2019: Steve Benson, the widely-syndicated winner of the Pulitzer Prize, was fired by the Arizona Republic after three decades of service.

            May 2019: Gatehouse Media fired three cartoonists on the same day: Nate Beeler of the Columbus Dispatch, Rick McKee at the Augusta Chronicle and Mark Streeter at the Savannah Morning News.

June 2019: In one of the strangest offings, the New York Times fired both of its cartoonists, Heng and Patrick Chappatte, in order to quell criticism over a syndicated cartoon—one drawn by an entirely different cartoonist. The Syrian government thugs who smashed Ali Ferzat’s hands with a hammer in 2011 were more reasonable than editorial page editor James Bennet; the goons only went after the actual cartoonist whose cartoons offended President Bashar Assad. Nor, by the way, did the Syrian dictator ban all cartoons. Political cartooning is now and forever banned from the 100%-censored Times.

And of course in 2015 the Los Angeles Times, whose parent company had recently been purchased by the Los Angeles Police Department pension fund, fired me as a favor to a prickly police chief because he was angry at my cartoons. In 2018 the same paper fired cartoonist David Horsey for the crime of accurately describing White House press flak Sarah Huckabee Sanders’ looks as those of a “slightly chunky soccer mom.” As at a Stalin-era show trial, they forced Horsey to apologize before giving him the boot.

Individual cartoonists are under fire around the world. Only in the United States, “land of the free,” has the art form as a whole been targeted for systematic destruction by ruling elites and cultural gatekeepers. After decades of relentless, sweeping and never-reversed cutbacks there are now far more political cartoonists in Iran than in the United States. After terrorists murdered 12 people at Charlie Hebdo, a single publication in France, hundreds of U.S. newspapers ran editorials celebrating the power of cartoons; 99% of these hypocritical blowhards didn’t employ a single cartoonist.

American editorial cartooning didn’t just die. It was murdered.

Here’s how it happened/it’s happening:

Cartoonists were overrepresented in mass layoffs. Publishers fired numerous journalists. But they always came first for the cartoonists.

Scab syndication services undercut the market. A few discount syndication companies, one in particular, sold bulk packages of heavily discounted hackwork, undercutting professionally-drawn cartoons.

Publishers killed the farm system. The early 1990s marked the start of a vibrant new wave of “altie” political art by Generation Xers. Urban free weeklies carried our work but deep-pocketed dailies and magazines refused to hire us. Gifted young cartoonists realized they’d never be hired and abandoned the profession.

Social media mobs spook editors. Twitter and Facebook make it easy for six angry dorks to look like thousands of angry readers ready to burn down a newspaper over a cartoon. Cowardly editors comply and sack their artist at the request of people who don’t subscribe to the paper.

Prize committees reward(ed) bland cartoonists. Throughout the 1990s and 2000s, Alties like Tom Tomorrow, Andy Singer, Clay Butler, Ruben Bolling, John Backderf and Lloyd Dangle were reinventing American political cartooning. Their revolution would not be recognized. The Pulitzer Prize committee snubbed alties. (Though some have been finalists—me in 1997—no altie has won a Pulitzer.) Among the older traditional cartoonists as well, prizes usually went to safe over daring. Awards signal what’s acceptable and what’s not. Editors pay attention. It’s a self-reinforcing cycle.

Legacy employers blackballed edgy cartoonists. Click data proves that controversy is popular. Faced with shrinking circulation, however, print newspapers and magazines played it safe and avoided controversy. Kowtowing to advertisers rather than the readers who drive circulation, publishers fired the controversial cartoonists—the ones whose work readers were talking about—first. Another self-fulfilling prophecy: the dull cartoons Americans saw in major outlets like USA Today elicited little response from readers. They weren’t missed after they vanished.

Billionaire newspaper “saviors” refuse to hire cartoonists. When billionaires buy papers they invest in reporters and editors. Not cartoonists. One exception is Sheldon Adelson, who hired Mike Ramirez at the Las Vegas Review-Journal. But 90% of Warren Buffett’s Berkshire Hathaway-owned newspapers employ zero cartoonists. Patrick Soon-Shiong bought the LA Times after they fired Horsey and me; his paper hired a bunch of underpaid Millennial writers but never replaced or brought back the two cartoonists. To his credit Jeff Bezos kept Tom Toles and Ann Telnaes on at the Washington Post, but he hired “dozens of reporters”—and no one new to draw cartoons. (Historically many newspapers have employed multiple cartoonists.)

Twee identity-politics cartoons are boring. Boosters sometimes point to sites for Millennial cartoonists as a bright spot. For the most part, these cartoons are flat, preachy and predictable. Right or left, political correctness is death to political cartooning.

Online media sites refuse to hire cartoonists. News sites like Huffington Post, Salon, Slate and Vox are heirs to print newspapers. None employ cartoonists. Don’t they realize theirs is a visual medium?

Cartoonists fulfill the market for crappy cartoons. Editors, publishers and award committees have made clear what kind of cartoons they are most likely to buy and reward. Jokes should be conventional, preferably derivative. Sacred cows must not be criticized. Patriotism is mandatory. Artistic styles remain frozen safely in the 1960s, when most editors were kids. Cartoonists have a choice: give the marketplace what it wants or go hungry. Many cartoonists produce work they know is beneath their talents, readers don’t react when they appear in print and no one takes note when the cartoonist gets laid off.

I love editorial cartooning. All I ever wanted to do was draw for a living. When I was growing up, political cartooning was clever and dangerous. Punk rock.

Now it’s Muzak.

Muzak is dead.

(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.)

Read Ted Rall’s Brief to the California Supreme Court in His Defense Against the LA Times

A passel of First Amendment organizations calls bullshit on the LA Times. I’ve posted our final brief to the California Supreme Court asking for my right to a jury trial. Check out this succinct overview of the case:

Ted Rall Reply to LA Times’ Answer to Petition for Review by California Supreme Court

Full Text of Index on Censorship Amicus Letter

Index on Censorship, the prestigious UK-based free-speech organization, has joined six US-based pro-press freedom organizations to oppose the LA Times’ four-year campaign of harassment and libel against me, trying to ruin me because I offended their then-business partner and part-owner, the Los Angeles Police Department, with my cartoons. Here is the complete text of the IoC letter.

 

Full Text of National Writers Union Amicus Letter

The NWU has joined six other free-speech organizations in supporting my lawsuit against the LA Times with an Amicus Letter to the California Supreme Court. It is so great to see people stepping forward and standing up against billionaire Dr. Pat Soon-Shiong, whose LA Times is bullying me on behalf of the Los Angeles Police Department.

Here is the text of their letter:

Text of CRNI Amicus Letter

The Cartoonists Rights Network International compares what the LA Times did to me to repression in Turkey, Malaysia and Equatorial Guinea.
 
Here is the complete letter CRNI was kind enough to send to the California Supreme Court in opposition to the LA Times’ motion that I pay billionaire Dr. Pat Soon-Shiong (owner of the Times) hundreds of thousands of dollars in legal fees.

Project Censored Calls LA Times’ Abuse of anti-SLAPP Law “Obscene”

Weighing in with an Amicus Letter in Ted Rall v. Los Angeles Times, Project Censored calls the LA Times’ legal tactics “backwards and obscene.”

Project Censored is the sixth major First Amendment organization to support me with an Amicus Letter to the California Supreme Court.

National Coalition Against Censorship Joins Groups Opposing LA Times in Ted Rall Lawsuit

Thanks also to the National Coalition Against Censorship for filing an Amicus Letter on my side with the California Supreme Court as I defend myself against the LA Times and its billionaire owner, which are trying to bankrupt me because I criticized their close political ally and former business partner, the LAPD.

CBDLF Files Amicus Letter Supporting Ted Rall vs. LA Times

Thank you to the Comic Book Legal Defense Fund for filing an Amicus Letter in my case against the LA Times and in favor of free speech with the California State Supreme Court! Anti-SLAPP laws should not be abused by giant corporations to stifle free expression.