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

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Ted Rall

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

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Ted Rall

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.

SYNDICATED COLUMN: Democrats Could Lose Again in 2018

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Ted Rall

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You’re reading this, so you probably follow political punditry. And if you follow political punditry, you’ve been hearing the usual corporate suspects predict that one of two things will happen in this fall’s midterm elections: either the Democrats will win big (win back the Senate), or they’ll win really big (the House too). Outta the way, Congressional Republicans: here comes the Big Blue Wave!

Of course, these are the same clowns who called it big for President Hillary. Yet on and on they yammer, and we have to listen to them since big-money political media won’t hire anyone who has a clue.

Interestingly, there are early warning signs — just as there were throughout the 2016 presidential race — that Democrats may be counting their electoral chickens before they’re aborted.

“The Democratic advantage on the generic congressional ballot, which asks people whether they’ll vote for Democrats or Republicans for Congress, has dwindled since the heart of the tax debate in December,” Nate Cohn reports in The New York Times. “Then, nearly all surveys put Republicans behind by double digits. Now, poll averages put the Democratic lead at only around six or seven percentage points…the last two weeks of polls have gone further than a reversion to the mean. They’re arguably the best two weeks of polls for Republicans since the failure of the Senate health care bill in July. A highly sensitive poll average — like the FiveThirtyEight tracker — might put the Democratic lead down to roughly six points, basically the lowest level since the spring.”

As Cohn notes, there are nine long months to go before November. Things can and will change. Historically, the party in power usually gets “shellacked” during midterm elections. Democrats hope that voters will punish GOP senators and representatives as proxies for their party’s incredibly unpopular standardbearer.

People hate Trump. Yet Democrats have good cause for concern. Americans vote their pocketbooks, and their wallets are feeling better than they have in a long time. Unemployment hasn’t been this low since 9/11 — to the point that employers are complaining about labor shortages. Consumer confidence hasn’t been this high since Bill Clinton was president. Most people don’t own stocks, but the Dow is soaring — and that’s usually better for jobs than the other way around. Fuel prices have been lower. Like it or not (I don’t), the GOP’s tax bill is becoming more popular.

Given what a turd Trump is, you’d think the booming economy might not be enough to keep voters from turning out against incumbent Republicans this fall. But you’d be forgetting the Democratic Party’s inimitable talent for snatching defeat from the jaws of victory.

The Democrats are still hobbled by the same internal divisions that led to Clinton’s defeat. The Bernie progressives have the energy and the momentum but the DNC is still under the Clintonista jackboot. In most Republican districts, the Democratic challenger is a corporate right-winger Bernie’s peeps won’t care enough to drag themselves to the polls on a rainy Tuesday in November. A lot of them (women, people of color) play to identity politics over class-based populism — that was a loser in 2016, and it could easily bomb again this year.
The biggest issue for the Democrats is their lack of issues or, more precisely, their lack of a coherent platform of policies with which to unify scores of local campaigns into a national referendum, as Newt Gingrich did for the GOP with his Contract for America in 1994.

What would the Dems do if they got their sweep? No one knows.

Would they impeach Trump? They’re not saying.

Would they repeal the Trump tax law? Probably not (but they should say they would).

Would Democrats push for a higher minimum wage? A national abortion-rights bill? Cutting back NSA surveillance? Bringing back troops from Afghanistan and Iraq? Closing Gitmo? Probably none of the above — so why would left-of-center voters get excited about more of the same?

Democrats aren’t promising anything. Voters may take them at their word — and let the Republicans keep on keeping on.

(Ted Rall (Twitter: @tedrall) is co-author, with Harmon Leon, of “Meet the Deplorables: Infiltrating Trump America,” an inside look at the American far right, out now. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

This Week, We File My Appeal to Overturn the Court’s Order to Pay the LA Times $350,000

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Ted Rall

Last summer, a Los Angeles court ordered me to pay the LA Times $350,000. Because they only paid me $300 a week, that seems like a lot. It also seems like a lot considering that I didn’t do anything wrong to them, but they did do several very bad things wrong to me. It also seems like a lot considering that I’m the plaintiff and they’re the defendant, not to mention they did me wrong, so shouldn’t they be paying me?

But that’s not the legal system, at least not for me in this case. So my attorneys are about to file an appellate brief with the California Court of Appeals asking them to set aside the LA Superior Court’s anti-SLAPP decision in my case, wipe away the $350,000 the Times inexplicably wants me to pay them, and allow my case against them to finally begin because the Times is using every trick in the book to prevent my case from being heard by a jury.

SYNDICATED COLUMN: Democrats Have Hijacked the Anti-Trump Resistance

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Ted Rall
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Conservative “tough on crime” Democrat Kamala Harris trolls for 2020 votes.

Leftists want to change the world. They want peace, equal income, equal wealth, equal rights for everybody.

Democrats are not part of the Left. If Democrats have their way, the fundamental inequality of American capitalism, a system in which 1% of the people “earn” 82% of the income, will never change. Democrats apply identity politics as a distraction, in lieu of systematic solutions to class-based discrimination. Democrats demand more women directors in Hollywood, more African-Americans admitted to Ivy League schools, transgendered soldiers in the military so they can join the slaughter of brown people in other countries.

Donald Trump represented a rare opportunity for the Left. After eight years of fascism with a smile, the American system got a figurehead as visually and tonally repugnant as its foreign policy (drones, aggressive wars, coups, undermining popular elected leaders) and its domestic reality (widespread poverty, crumbling infrastructure, no social safety net, for-profit healthcare and education). “Hey,” the Left could finally say, “the U.S. is a disgusting monster headed by a disgusting monster. Let’s get rid of that monster!”

It has become painfully apparent that Democrats have hijacked the anti-Trump Resistance.

“I feel like the revolution is now,” a demonstrator at last weekend’s second Women’s March told a New York Times reporter. “I want equal pay,” added her 11-year-old daughter, Xenaya, chimed in. “And equal rights.”

Definition of “revolution”: “a forcible overthrow of a government or social order in favor of a new system.”

At those very same marches, however, (establishment Democratic) speakers like Nancy Pelosi and Kirsten Gillibrand urged women to run for office (presumably as Democrats) and to support Democratic candidates (whether they’re women or men). Even if you think that is a beautiful and important idea, it is not revolution.

Running for office and validating the status quo by voting for major-party candidates is the exact opposite of revolution.

USA Today’s take was typical: “Women’s March returns, but the real focus now is the midterm elections.” The paper quotes Linda Meigs, who is challenging a GOP incumbent in Alabama: “I just feel that there’s a blue wave coming, and it’s a wave of women – women who were energized by the Women’s March and by what’s going on in Washington in the White House.”

Meigs is probably right. Even Republicans think so. But so what?

Even if Democrats take back the House and the Senate, women Resisters who fall for the Dems’ co-option game hoping for “equal pay” and “equal rights” will be sorely disappointed. Not because Trump will get in the way — because Democrats won’t fight for anything substantial.

Consider the Democrat most Women’s Marchers probably voted for. Like the rest of her fellow Democrats, Hillary Clinton (a multimillionaire) supported raising the minimum wage to a pitiful $12 per hour. (If it had merely kept up with inflation, it would be $23 per hour now. Given increases in worker productivity, it ought to be at least $25 per hour.)

Nearly two-thirds of minimum-wage earners are women.

Clinton gets better-a-century-late-than-never cred for endorsing the long-stalled Equal Rights Amendment. But Democrats controlled the White House, House and Senate as recently as 2010 — and never mentioned it.

Even on the signature identity-politics issue of abortion rights, Democrats have long deployed a form of psychological terrorism against women. Unless you vote for us, they’ve been telling women, some Republican president might appoint a Supreme Court justice who might cast the deciding vote to overturn Roe v. Wade.

Women and their partners shouldn’t have to rely on a wobbly 45-year-old court decision. Why don’t Democrats ever propose a bill legalizing abortion nationwide? Considering that 58% of voters, including many Republicans, support abortion rights, and that Democrats could characterize Congressional opponents as misogynists in attack ads, it’s entirely possible that an abortion-rights law could pass Congress. They certainly could have tried under Obama. But they didn’t. Because Democrats don’t care about people. Democrats care about electing and collecting campaign donations for Democrats.

There is no reason — zero, none, nada — to believe that the Democratic Party’s half-century-old refusal to lift a finger to help the disenfranchised will change if and when they win back Congress. Which makes the squandering of the anti-Trump historical moment so tragic.

It’s time for the actually-existing American Left to do some serious soul-searching, analysis and — most of all — organizing. Why didn’t militant leftists insist on greater prominence at the Women’s Marches than those Democratic hacks? Where is the grassroots organizing? Where are the left-wing thinktanks to create an intellectual and theoretical basis for our arguments? Why aren’t there protests daily, as opposed to annually? Trump and the Republicans and the Democrats shouldn’t be able to show their faces in public without facing a crowd of loud and angry protesters.

It’s not like the Democrats are a fiendishly clever adversary! Allowing the idiots who chose Hillary over Bernie to steal anti-Trumpism points to complete impotence and political incompetence on the part of what’s left of the Left.

(Ted Rall’s (Twitter: @tedrall) brand-new book is “Meet the Deplorables: Infiltrating Trump America,” co-written with Harmon Leon. His next book will be “Francis: The People’s Pope,” the latest in his series of graphic novel-format biographies. Publication date is March 13, 2018. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

SYNDICATED COLUMN: The Grey Wall of Silence: Trump Is Right About Newspaper Libel Laws

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Ted Rall

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“We are going to take a strong look at our country’s libel laws so that when somebody says something that is false and defamatory about someone, that person will have meaningful recourse in our courts,” Donald Trump said recently. “And if somebody says something that’s totally false and knowingly false, that the person that has been abused, defamed, libeled, will have meaningful recourse.”

Yes, Trump is a jerk.

True, he himself is the Slanderer-in-Chief.

Granted, he’s a bit of a fascist.

Pertinently, libel laws are state laws. Neither the president nor Congress can change them.

But even an authoritarian hypocrite is right sometimes. And Trump is dead right that the nation’s libel laws are “a sham and a disgrace.”

My defamation lawsuit against The Los Angeles Times is a case study. (I’ve written about the merits of my case elsewhere. Here, I ask you to simply consider the process of lodging a complaint and taking it to a jury to consider. My question is this: should suing be this difficult?)

Bear in mind: the timeline in my case is typical.

The Times published an article announcing my firing in July 2015. After their excuse for my firing fell apart, they published a second piece “reaffirming” their decision in August 2015. Two and a half years later, we haven’t even begin discovery — and I’ll be lucky to get in front of a jury before 2020.

Justice delayed is justice denied. So what’s taking so long? Part of the problem is California’s understaffed, overworked court system. But mostly it’s the fact that newspapers have rigged the legal system against plaintiffs.

In California, for example, media companies lobbied the legislature to pass Civil Code 48(a). Under 48(a), you have to serve written notice to a newspaper that they’ve libeled you within 20 days of the initial publication. What if you’re off fishing for three weeks? Too bad — you can’t sue. What if you hear about the libelous article more than 20 days later? Again, you have no recourse.

What if you’ve never heard of the law? You’re like most people — and you’ve got no case, no matter what they wrote about you.

California is one of 28 states to have an “anti-SLAPP” law. According to proponents, there are wealthy individuals and companies who file nuisance lawsuits against defendants, not to win but to tie the poor defendants up in court and force them to hire expensive lawyers to defend themselves.

Assuming abusive lawsuits are actually a problem (there’s no evidence of this), the “solution” created by anti-SLAPP laws is ridiculous on its face. A defendant files an anti-SLAPP motion that, if successful, gets said frivolous lawsuit thrown out of court and forces the rich abusive plaintiff to pay the poor defendant’s legal fees. But…the operative word here is “rich.” If you’re rich and out to screw over a poor defendant, why would the risk of incurring some extra fees deter you?

Here’s where things get really crazy. I consulted with numerous attorneys who told me I’d probably beat the Times if I ever got in front of a jury. Getting past anti-SLAPP, they said, would be the tough hurdle. But the anti-SLAPP law is only supposed to kill frivolous lawsuits. Then how can it be that, in the opinion of numerous experienced lawyers, my case — which they think would probably win — could be defeated by an anti-SLAPP motion? Because anti-SLAPP law is so complicated that many judges don’t understand it and rule in favor of anti-SLAPP motions when they ought to reject them.

Some states have ruled anti-SLAPP laws unconstitutional because they deny plaintiffs their right to a jury trial. But not California. Not yet.

Lawyers I talked to in L.A. liked my case but were so cowed by anti-SLAPP that it took me months to find one willing to represent me. Finally, I filed suit in March 2016.

As predicted, the Times filed a set of anti-SLAPP motions against me. Then they invoked an obviously unconstitutional section of the California Code, 1030(a), that is so obscure that few attorneys or bond companies had heard of it, one that required me to post a cash (i.e., 100% of value) bond just to continue my case. The reason? I reside outside of California. The Times demanded $300,000. The judge knocked it down to $75,000. Thanks to appalled readers, I raised the money via crowdfunding. What would someone without a media mouthpiece do if they had to come up with 75 grand just to stay in court? They’d probably have to drop their case.

Hearings on the anti-SLAPPs took place in July 2017. It had been two years since the Times published their lies about me: two years without discovery, two years during which key witnesses might die or move away, two years during which the Times could destroy evidence.

Even though lower-court judge agreed that “the enhanced tape establishes his [Rall’s] recounting of the incident was accurate” — i.e., I told the truth, the Times lied when they said I didn’t, thus the Times defamed me — he ruled against me, awarding the Times about $350,000 in legal fees at my expense.

Go figure.

Anti-SLAPP is automatically appealable, so the next step is the Court of Appeals. We submit our appeal brief. The Times replies. We reply to their reply. The court sets a hearing date. If all goes well, that’ll happen some time this year. If the appellate judges rule in my favor, we finally begin discovery — in 2019-ish.

Four years after the crime. Four years for the trail to go from cold to stone-cold.

If and when I get to my actual trial, then — just maybe — print-media journalists will break their Grey Wall of Silence and report on my case. If and when that happens, though, I’m sure they’ll manage to characterize me as an abusive plaintiff trying to curtail the First Amendment rights of the pure-as-virgin-snow Los Angeles Times.

Trump can’t and won’t do anything to address our ridiculous libel laws. Which is really really #sad.

(Ted Rall (Twitter: @tedrall) is co-author, with Harmon Leon, of “Meet the Deplorables: Infiltrating Trump America,” an inside look at the American far right, out now. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Meet Ted Rall and Harmon Leon Live in Philadelphia: 3 Dates This Weekend!

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Ted Rall

Genius stand-up comic Harmon Leon and I will be presenting our new book “Meet the Deplorables: Infiltrating Trump America” at three dates — Friday, Saturday, and Sunday nights — this coming weekend in Philadelphia. Come and hang out, and buy the new book! Paperback is $22, Hardback is $28.

Friday, January 19, 2018, Time 7-9 pm: Ted Rall Live in Philadelphia
Wooden Shoe Books
704 South St
Philadelphia, PA 19147
Ted and comedian Harmon Leon discuss their new book “Meet the Deplorables: Inside Trump America.”

Saturday, January 20, 2018, 7:30 pm: Ted Live in Philadelphia
PhilaMOCA (Philadelphia Mausoleum of Contemporary Art)
531 N 12th St
Philadelphia, PA 19123
Ted and comedian Harmon Leon discuss their new book “Meet the Deplorables: Inside Trump America.”

Sunday, January 21, 2018, 7 pm: Ted Live in Philadelphia
Tattooed Mom
530 South St.
Philadelphia, PA 19147
Ted and comedian Harmon Leon discuss their new book “Meet the Deplorables: Inside Trump America.”

If you want Harmon and I to come to your city and know a good venue that would have us, let us know!

SYNDICATED COLUMN: So What if President Trump is an Asshole? All the Presidents Have Been Assholes.

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Ted Rall

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President Trump is under fire and we’re all shocked shocked SHOCKED that his shithole mouth called the (predominantly black) nations of Africa “shitholes,” helpfully comparing them to (predominantly blonde) Norway to make sure nobody missed the point. To drive home just how pissed off people are about this (and rightly so), Trump’s shithole comment overshadowed news that the government accidentally told the citizens of Hawaii they were about to get nuked. As George W. Bush would say, that’s some weird shit.

This is a big deal unless you’re reading this more than a few days after this writing, at which point Trump will have raised more hell with some new idiotic utterance that makes us forget about this one.

Speaking of hell-raising: I managed to raise a few social-media hackles recently when I posted the following: “I honestly don’t understand why people are so depressed about Trump. Policy-wise, he isn’t much different than Obama. Trump is truth in advertising: he is an asshole, our country acts like an asshole. No need for phony smiles, PC rhetoric.”

This led to a discussion comparing Trump not just to Obama, but other American presidents. There were lots of great comments. Still, I was struck by something that few people seem to be aware of — America’s rich history of presidential assholery. Given how wicked smart my readers are, I was surprised to hear some of them refer favorably to Trump’s predecessors.

Trump is a thieving, lying turd. In that respect, he is as presidential as it gets. Going back to Day One, the United States has been led by white males behaving badly.

Trump gets attacked for using the presidency to line his pockets, and rightfully so. Yet The Donald has nothing on the Father of Our Country.

George Washington was worth more than half a billion in today’s dollars — riches he accumulated in large part by exploiting his political influence to loot federal coffers. He joined the Masons, married well, scored a few lucky inheritances and invested the loot in real estate along what was then the Colonies’ western frontier in Indian territory that he came across as a young land surveyor.

GW’s acreage was on the wrong side of the Appalachian mountains — but not for long. Talk about conflict of interest: as commander of the revolutionary army and president, he promoted settlement of the west by whites that pumped up the value of his early investments. The fact that those whites were engaged in genocide bothered Washington not one whit.

Even on the Left, some Americans point to Lincoln as a pillar of moral rectitude. But Honest Abe suspended the ancient writ of habeas corpus; in 2006, a militaristic asshole named George W. Bush relied on Lincoln’s 1863 precedent to abolish it altogether.

Since nothing in the Constitution bans secession, Southern states enjoyed the legal right to leave the Union. Defying the Constitution, Lincoln went to war — illegally — to bring them back. Not only was the Civil War a bloodbath, it left us with a nation that remains politically and culturally fractured to this day. Blacks were 13% of the population of the Confederacy. Had Lincoln chosen peace, a slave uprising might have brought down the Old South — and killed a lot of racists.

Lincoln cheated in the 1864 election by playing both sides of the secession. To justify the war, he claimed the breakaway states were still part of the Union, yet didn’t count Southern electoral votes because they would have cost him reelection.

You name the president, I’ll name at least one unforgiveable sin.

FDR? The New Deal was a grand achievement. But if trying to stack the Supreme Court isn’t impeachable, what is? When World War II broke out, Roosevelt played footsie with Vichy France while snubbing the Resistance. He turned away Jewish refugees and refused to bomb the Nazi infrastructure used to murder Jews. He dragged his feet taking on Hitler so that the Soviet Union would take the brunt of Nazi savagery.

Folks are already saying: “Barack Obama will be inducted into the league of Great Presidents.” Obama, most Democrats have already forgotten, broke his promise to try for a “public option” in the Affordable Care Act. He went on languid vacations while the global economy was collapsing, handed trillions to bankers no strings attached and did nothing to help the unemployed and people whose homes were stolen by the banks. And he slaughtered thousands of innocent civilians with drones — people who represented zero threat to anyone — just for fun.

If that’s a great president, give me a shitty one.

(Ted Rall (Twitter: @tedrall) is co-author, with Harmon Leon, of “Meet the Deplorables: Infiltrating Trump America,” an inside look at the American far right, out now. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

Ted Rall Laptop Fundraiser!

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Ted Rall

Update 3/20/18 – More than $3500 raised out of $3700! Almost there!

Back in 2011, you were generous enough to come through when I needed a new laptop computer. It was an amazing machine, but six and a half years is a long time for any portable computer to last — especially when you travel as much as I do. I’ve scanned and colored thousands of cartoons, written hundreds of columns, worked on my blog and done endless research.

I did everything I could to keep this beast going. A year ago, for example, I replaced the battery after a guy at the Columbus OH Apple Genius Bar told me it would get me through another year. Now my Mac Book Pro is showing signs of age: mysteriously missing screws are one thing, but more and more I am getting the “sad Mac” on booting up, plus too many crashes. It could die any moment.

I’d like to buy the 15-inch MacBook Pro with 3.1 GHz processor and 1 TB SSD storage. It’s $3,399 plus $301 NYS sales tax = $3,700.

Why Mac? I’m a graphic artist so I’m trapped in their universe. I have a desktop iMac from 2012 that seems to be working fine. I keep trying PCs but they don’t handle Photoshop as well.

Why a laptop? There are still many applications for a laptop in a world of tablets. I need the storage and don’t always have access to the cloud where I travel. Lots of websites really don’t work well on tablets, especially when filling out forms. And I need a real keyboard to write.

Why not buy it myself? Mainly because of the LA Times. Besides depriving me of income when they unjustly fired me in 2015, not to mention causing countless potential clients not to consider me, they’ve been deploying sleazy legal maneuvers to make me spend money traveling back and forth to LA. They even convinced a judge to issue a $350,000 “anti-SLAPP” judgement against me for their legal fees. (We’re appealing, of course.) The Times, which became partly owned by the LAPD pension fund shortly before canning me, is trying to destroy me to send a message to other critics of the police and because they’re afraid that a jury will see the truth when all the facts finally get presented in public.

So if you value independent cartooning and commentary and understand the value of hard-hitting work to the Left, please consider pitching in so I can keep working. Thanks!!!

Please click the button below to donate:




SYNDICATED COLUMN: No Way Would Today’s Newspapers Publish the Pentagon Papers

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Ted Rall

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Steven Spielberg’s new movie “The Post” depicts a newspaper’s decision to defy the government, risk its financial health and imprisonment of its editors in order to report a hard truth and defend the press’ First Amendment rights by publishing the Pentagon Papers.

After the Washington Post’s decision to inform the American people that top government officials had known that the Vietnam War was unwinnable yet had repeatedly lied about it for years, editor Ben Bradlee (played by Tom Hanks) dumps a pile of out-of-town newspapers on a desk for publisher Katharine Graham (Meryl Streep) to see. We’ve started a “rebellion,” Bradlee informs Graham. We’re no longer alone speaking truth to power.

No way would that happen today.

I was pleased to see that “The Post” highlights the pressures and biases that weighed against publication: a publisher undermined by sexism and low expectations, a paper trying to raise capital under the eye of nervous bankers, the Nixon Administration’s take-no-prisoners prosecutorial abuse by a vicious attorney general, and — not least — the Post’s cozy establishmentarianism, centered around Graham’s famous hard-drinking salons where reporters hobnobbed with the officials they were supposed to cover objectively.

After a lot of wavering and gnashing of lawyerly teeth, Graham finally makes the call: go to press.

The key point of this story, which isn’t made in the movie and few younger moviegoers are likely to be aware, is that it was her decision to make. The Graham family held controlling interest in the Washington Post Company. Great newspaper families like the Grahams, the Chandlers and the Sulzbergers were quirky and often had bad politics. But they also had something today’s corporate, publicly-traded media outlets do not: editorial freedom.

They didn’t always do the right thing. But they could. So sometimes they did.

Sadly, those days are gone.

Amazon CEO Jeff Bezos, reportedly a right-leaning libertarian, bought the Post in late 2013. What reception would a Daniel Ellsberg (who leaked the Pentagon Papers) or an Edward Snowden get if they contacted a Post reporter today, under Bezos?

Snowden’s case is indicative. The Post and three other papers published Snowden’s NSA leaks in 2013, months before Bezos took over. In 2016, the Bezos-owned Post called upon President Obama to refuse Snowden’s pardon application. In so doing, wrote Glenn Greenwald, the Post “achieved an ignominious feat in U.S. media history: the first-ever paper to explicitly editorialize for the criminal prosecution of its own source — one on whose back the paper won and eagerly accepted a Pulitzer Prize for Public Service.” (The other three papers were pro-pardon.)

Even more obnoxiously, the Post’s Snowden editorial didn’t mention its major conflict of interest related to intelligence agencies like the NSA. Amazon — the Post’s sister company under Bezos — had the CIA (where Snowden also worked) as a $600 million client. That’s more than twice what Bezos paid for the Post.

Coincidence? Je pense que non.

The Los Angeles Times sells “Speaking Truth to Power” hoodies. But when the power is the LAPD — and the LAPD owns the paper — the Times publishes lies.
My regular readers are familiar with the sordid details of my 2015 firing by The Los Angeles Times as a favor to LAPD Chief Charlie Beck. You’re not much of a political cartoonist in L.A. if you don’t go after the militarized, racist, violent LAPD — and the Times published many of my anti-LAPD/anti-Beck toons over the years. So did the Pasadena Weekly, which drove the boys in blue so nuts that they asked its publisher to fire me. PW refused.

Then the Times’ corporate parent, the Chicago-based Tribune Publishing, hired an LAPD-connected billionaire and wannabe politician, Austin Beutner, as publisher for the Times. Beutner appears to have midwifed a deal in which the LAPD patrolmen’s $16.4 billion union retirement fund moved to a firm that invested eight figures into a fund containing Tribune stock. (Given that newspaper stocks in general and Tribune specifically had been losing value, it’s a fair assumption that the buy was more about influence than taking care of retired LAPD officers.) Within weeks — and explicitly against Times rules — the same union issued an award to Beutner for his “support [of] the LAPD in all that they do.”

Beck asked his friend Beutner to use ginned-up “evidence” to fire and smear me; Beutner, the cop-award winner, complied, and even stayed the course after the truth came out and I was vindicated. My defamation case against Beutner and the Times is in court.

The Times never disclosed to its readers about Tribune’s business relationship with the LAPD union.

It’s a level of corruption that would make Al Capone blush. Yet it’s perfectly legal in the United States for a police union to buy a newspaper. Indeed, the same union bought part of the San Diego Union-Tribune in 2009 — and leveraged its ownership to ask that the U-T fire critics of the police.

Come to think of it, isn’t it weird that a company with more than half a billion dollars in business with the CIA is allowed to own a major news organization like the Post?

Given the Trump Administration’s attacks against “fake news” and the news media, it may seem paradoxical to suggest government action as a solution to the corruption of the news media as we’re seeing at outlets like the Washington Post and Los Angeles Times. But the evidence is clear. Outrageous deals such as those between the Post’s owner and the CIA and between the Times’ owner and the LAPD amount to government censorship of the news media — a violation of the First Amendment’s fundamental principle.

Congress should prohibit such arrangements.

(Ted Rall’s (Twitter: @tedrall) brand-new book is “Meet the Deplorables: Infiltrating Trump America,” co-written with Harmon Leon. His next book will be “Francis: The People’s Pope,” the latest in his series of graphic novel-format biographies. Publication date is March 13, 2018. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

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