From Pot to Jaywalking, Pay Compensation to Those Hurt by Repealed Laws

            Whether it’s a soaring literary classic like Les Misérables or generic Hollywood product like The Butterfly Effect, I’m drawn to stories in which a minor event triggers a series of unforeseen dramatic events. As Springsteen wrote and Dave Edmunds sang, from small things big things one day come.

            A real-life example transpired three weeks after the 9/11 attacks, when I was falsely accused of jaywalking — a misdemeanor at the time — by an LAPD officer who roughed me up and handcuffed me to boot. For 14 years, nothing happened as the result of that arrest on October 3, 2001. In the summer of 2015, without warning, getting busted for jaywalking blew up my life.

            Tiny problems can wreak havoc. Like the O-ring. Hell, I got expelled from college over a wart.

The jaywalking thing cost me my job as the staff cartoonist at the Los Angeles Times, damaged my reputation to the point where I was nearly blacklisted from journalism and cost me friends and colleagues. It made me doubt the ability or willingness of journalism, the love of my life, to do the right thing. It convinced me beyond a reasonable doubt that the justice system is hopelessly corrupt. I drank too much. Who knows—the weight I gained may eventually kill me.

I am grateful for every day that passes when I don’t think about jaywalking or the LA Frigging Times. Unfortunately there was no way to distract myself this week. California governor Gavin Newsom signed a new law decriminalizing jaywalking. As of the first of the coming year the Freedom to Walk Act means you’ll be allowed to cross a street in the Golden State—safely! look both ways before crossing, like mom taught you—without fear of being fined, handcuffed, beaten, arrested or even killed by a lunatic cop unless “a reasonably careful person would realize there is an immediate danger of collision with a moving vehicle or other device moving exclusively by human power.” (The legislation is silent on devices powered by other animals or plants.)

            Jaywalking tickets are big business in California. In Los Angeles alone, the LAPD raised $6.2 million in revenues by fining 31,712 accused jaywalkers between 2010 and 2020. Blacks were targeted more than three times their presence in the population.

            Several well-meaning readers contacted me to inform me of California’s new law, which I support wholeheartedly except for an all-too-common omission: it’s not retroactive. Those who have suffered fines, imprisonment and other punishments under a law that is subsequently repealed ought to be made whole. If slaves were emancipated by the conclusion of the Civil War in 1865, escaped slaves and those who helped them who were punished for their “crimes” should receive apologies and restitution by 1866. Merely erasing a conviction from your criminal record, as some states that have legalized marijuana have done, isn’t enough.

Anyone who is charged and convicted for a crime that is no longer a crime ought to be refunded their fines and attorneys’ fees, plus compound interest charged at the highest credit card rate. Anyone who spent time in jail or prison for an offense that is no longer viewed as an offense under the law should be generously compensated by the state or city responsible for their conviction.

Even if California were to come to its senses and pay millions of dollars in penance to everyone who suffered under bigoted jaywalking laws that were originally conceived by automobile companies as a way to discourage walking and sell more cars, there still wouldn’t be any way to undo all the weird side effects of what we now recognize as an obsolete form of oppression.

For poor Californians, the $196 jaywalking fine was devastating. Under our vicious capitalist system, there can be no doubt that some people failed to make rent and even lost their homes after being targeted by police enforcing this idiotic statute.

As a solvent, able-bodied, white, cis male, Ivy League graduate, paying the citation was no big deal. But even for me, it was a train wreck.

Upset about being falsely accused — I wasn’t jaywalking, the cop made it up — and mistreated, I filed an internal affairs complaint against the officer back in 2001. Citizens are ignored in such cases 96% of the time, and I was no exception. By 2015 I had been working for the LA Times for six years. But I didn’t know two things. First, a thin-skinned police chief was furious every time I drew a cartoon criticizing the police. Second, in 2014, the LAPD union bought an interest in the parent company of the LA Times and formed an obscene corrupt alliance with the paper’s publisher, multibillionaire Austin Beutner.

In 2015 Beutner and Chief Charlie Beck held a secret meeting where, clearly needing more important things to do to fill their time—they should try golf, the evil rich love it—they conspired to ruin me. Beck dredged up my old IA complaint file, which contained an audio recording the cop had made of my jaywalking arrest: basically six minutes of wind and street noise. At Beutner’s direction the Times wrote a piece that argued the cop was kind and polite, and that my description of the encounter in a Times blog piece was false, so I must be fired for crimes against journalism.

Fox News, Breitbart and the rest of the right-wing mediasphere had a field day dragging the corpse of my reputation across the Internet.

Ultimately, I was vindicated. The doctoring of the tape, the Beck-Beutner conspiracy, the fact that I’d told the truth about what happened in 2001 while the LAPD Times had lied all came out in the media and through the course of a lengthy court battle. There’s no telling how much work I’m not getting as a result of the Times’ defamation campaign, though I am working.

The experience changed me, mostly for the worse.

Nothing could make me, or the other people hurt by California’s repealed jaywalking law, whole again. But the state should try.

Every state should try, every time it repeals a bad law.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

DMZ America Podcast #59 | July 29, 2022: Ted Calls in from Moscow; Paul Pringle and Other Self-Serving Figures at the LA Times

In this week’s DMZ America Podcast, cartoonist Ted Rall calls in on a shaky line from Russia. Listen to this first-hand account of how US sanctions are (not) affecting Moscow and how things look and feel in the Russian capital. LA Times investigative reporter Paul Pringle, in the news over his controversial book (“Bad City”) calling out corruption at the Times and in LA in general, and attacking his own newspaper over a USC scandal, played a key role—perhaps largely forgotten—in the LA Times’ infamous decision to fire and smear Ted as a favor to the LAPD. Scott and Ted recall how things went down in 2015 and analyze how few people at the LA Times have much to be proud of.

 

 

An Open Letter to Los Angeles Times Executive Editor Norman Pearlstine

Dear Mr. Pearlstine,

On June 5th you issued a statement acknowledging the role your newspaper has played in the racist oppression of people of color. “The Los Angeles Times has a long, well-documented history of fueling the racism and cruelty that accompanied our city’s becoming a metropolis,” you wrote. You promised reforms, including “addressing the concerns of people of color in the newsroom.”

You admitted that this is merely a start and asked for suggestions for how the Times can redeem itself and earn the trust of readers, especially people of color.

I will take you at your word.

To begin with, the Times should come clean about its longstanding, cozy relationship with the LAPD. And it should end this deep conflict of interest, which makes it impossible for your paper to report objectively about the police. When the media fails to hold the police accountable they are free to abuse the citizens they are supposed to protect.

My case shines a light on how the media censors critics and breeds self-censorship by journalists. I was the Times’ editorial cartoonist from 2009 to 2015. My cartoons often criticized police brutality and racist policing. Instead of stopping their abuse of minorities, however, the police repeatedly demanded that the papers that ran my cartoons fire me. Those requests fell on deaf ears until 2014, when the Times brought in a new publisher, Austin Beutner. Beutner, a hedge fund billionaire who is now superintendent of LA schools, midwifed a deal by which the $16.4 billion LAPD pension fund purchased #1 shareholder status in Tribune Publishing, which owned the Times and 14 other newspapers. (Yes, it’s legal for the cops to buy media companies.) Sealing the deal and in violation of the Times’ ethical guidelines, the LAPD police union gave an award to Beutner.

The LAPD police union has a history of buying newspaper stock. They don’t hide their motives. They seek to remove negative coverage of the police from “their” papers. “Since the very public employees they continually criticize are now their owners, we strongly believe that those who currently run the editorial pages should be replaced,” the union’s president explained in 2009, after it acquired interest in the San Diego Union-Tribune.

Months after the LAPD-LA Times deal, then-LAPD police chief Charlie Beck arranged a secret meeting at Beutner’s office. Fire your cartoonist, Beck demanded. Beutner agreed.

But firing me was not enough for Beck. The LAPD also wanted to send a chilling message to journalists throughout the Southland: if you criticize the police, we will destroy you. So the Times published a smear job about me.

The Times’ article didn’t mention the meeting between Beck and Beutner. It didn’t talk about the LAPD pension fund’s ownership of the Times. To this day, those facts have never been revealed to Times readers. The piece relied upon faked evidence provided by Beck to characterize me as a liar (in a blog about jaywalking, of all things). I proved the evidence was bogus and that I had been truthful, yet editorial page editor Nick Goldberg—under orders from Beutner—ignored it.

Goldberg later admitted that the truth didn’t matter. The Times was determined to ruin me and didn’t care that I had done nothing wrong. Inexplicably, Goldberg still works at the Times.

My case is not just about me. It opens a window into why and how the Times’ relationship with the police corrupts its commentary and coverage.

It shows why and how victims of police brutality have been ignored or diminished.

It explains why and how police narratives are taken at face value, no matter how ridiculous. While I was being given the bum’s rush, reporter Paul Pringle, assigned to be the Times’ hatchet man, told me that he had verified that the bogus LAPD materials were authentic. How? I asked. “The LAPD told me,” he said. I laughed. He was serious, though. Pringle still works at the Times too. He recently won a Pulitzer Prize.

How can anyone read about what happened to me and still believe anything the Times has to say about cops?

Mr. Pearlstine, if this is not empty talk, if you are serious about turning over a new leaf, you should address my case. Hiring more people of color in the newsroom is overdue, important and necessary. But black reporters aren’t more likely than white journalists to go after the police if they’re equally afraid of getting fired. Everyone at the Times knows what the paper did to me; they know it can happen to them too if they go “too far” against the cops.

The LAPD got rid of their most irritating critic and a pundit who made going after police brutality a priority. The Times never replaced me.

The LAPD terrorized other journalists. They won.

Rehiring me would make a powerful symbolic statement that the Beutner era of corruption and complicity with the police is finished. It would demonstrate you do not edit a police propaganda rag. You could take down the two libel-filled articles about me that are still on your website. You could issue a retraction and an apology.

The LAPD has since divested itself of its Tribune stock. The Times’ current owner, Dr. Pat Soon-Shiong, should pledge not to enter into financial partnerships with law enforcement agencies.

Like many other papers, the Times relies on the police to tip off reporters about breaking local news. This relationship should be severed. Reporters ought not socialize with cops, much less rely upon them for stories. Refusing to be a police lapdog requires hiring more journalists—but Soon-Shiong is a biotech billionaire. He can easily afford them.

Thank you for taking the time to read this. I look forward to hearing from you.

Very truly yours,

Ted Rall

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of the biography “Bernie,” updated and expanded for 2020. 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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Billionaires and Corporations Love anti-SLAPP Laws. Why Does John Oliver?

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Why does this multibillionaire need a cartoonist’s money?

            John Oliver recently dedicated his HBO show to why we need a federal anti-SLAPP law. Like most of his stuff, the episode was witty and engaging. It was also sloppy, thoughtless and poorly researched. From now on, I’ll wonder whether I can trust anything he says.

            An anti-SLAPP motion is a powerful legal maneuver available to defendants against libel and defamation lawsuits. In the 27 states that have them, the filing of an anti-SLAPP motion brings everything to a halt until a judge — not a jury — decides various issues about a case. Does it involve a matter of public interest? Is there a chance the case would succeed at trial? If the judge rules for the defense, the case is thrown out and the plaintiff pays the defendant’s legal fees.

            Liberals and conservatives alike like anti-SLAPP. Supporters say they protect activists, whistleblowers and average individuals from being bankrupted if they get sued by deep-pocketed corporations and wealthy individuals who use the courts to harass their victims. In his show Oliver described his experience being sued by a coal baron who wanted to chill criticism. HBO, Oliver said, spent $200,000 to defend him because the suit was filed in a state without anti-SLAPP.

            It’s easy to see why someone like Oliver, targeted by a frivolous defamation claim designed to tie him up in court and waste his employer’s lucre, would yearn for a federal anti-SLAPP law. His must have been a frustrating experience.

            There is, however, an inherent design flaw in anti-SLAPP: the United States Constitution. Under the equal protection clause, you can’t give rights to one class of defendant and not another. You can’t limit anti-SLAPP protections to impecunious individuals and small businesses; rich people and giant corporations have to get the same legal prerogatives.

            Which is what has been happening. Billionaires and corporate conglomerates use anti-SLAPP to crush legitimate libel and defamation lawsuits filed by ordinary individuals and whistleblowers. Happens a lot. Why don’t you hear about these cases? Because media companies love, love, love anti-SLAPP.

            In 2016 The National Enquirer published a cover story about fitness headlined: “Richard Simmons: He’s Now a Woman.” He wasn’t. “Secret Boob & Castration Surgery,” the tabloid screamed, “Yes, This Photo Shoot Is Real!” It wasn’t. The cover photo of “transwoman” Simmons was Photoshopped.

            Thanks to anti-SLAPP, what should have been an open-and-shut defamation case turned a travesty of justice into a farce. While acknowledging that the paper lied about Simmons, Los Angeles judge said that letting Simmons’ case go forward was tantamount to saying that it is bad to be trans. Simmons was an innocent victim and the Enquirer knowingly lied. Yet the court ordered him to pay American Media, owner of the paper, $130,000 in legal fees. So much for anti-SLAPP as being a tool for the little guy! AMI brought in $310 million in revenues last year.

            In 2018 MSNBC host Joy Reid [disclosure: I have appeared on Reid’s show] retweeted a photo of a Trump supporter yelling at a high school student at a Simi Valley, California city council meeting. Reid added the following text: “He showed up to rally to defend immigrants…She showed up too, in her MAGA hat, and screamed, ‘You are going to be the first deported’…’dirty Mexican!’ He is 14 years old. She is an adult. Make the picture black and white and it could be the 1950s and the desegregation of a school. Hate is real, y’all. It hasn’t even really gone away.”

            Hate is real. The story was not. The kid said that Roslyn La Liberte, the woman in the photo, was trying to keep things “civil.” She never said that stuff.

            La Liberte’s son emailed to inform Reid of the truth. Reid nevertheless reposted the image, this time alongside a black-and-white image of pro-segregation protesters in Little Rock in 1957 with this caption: “It was inevitable that this image would be made. It’s also easy to look at old black and white photos and think: I can’t believe that person screaming at a child, with their face twisted in rage, is real. B[ut] everyone one of them were. History sometimes repeats. And it is full of rage.”

            La Liberte was wronged. Rather than settle or plead guilty, MSNBC’s lawyers hit the working grandmother with an anti-SLAPP motion. Ignoring the fact that Reid’s posts easily qualify under as “reckless disregard for the truth” under the landmark libel case Sullivan v. New York Times (1964), the judge wallowed in pro-corporate sophistry: “the juxtaposition of the photographs does not ‘make clear that [La Liberte] is alleged to have engaged in specific racist conduct akin to that demonstrated during desegregation.’” La Liberte’s case was thrown out, denying her justice. Adding injury to insult, she has to pay MSNBC’s legal fees. MSNBC is owned by NBC Universal, a $203 billion company.

            President Trump used anti-SLAPP against Stormy Daniels, the porn actor who sued him for calling her a liar. Trump is worth $3 billion. Daniels owes him $293,000 for his legal fees.

            My readers are familiar with my case against the Los Angeles Times. No one disputes the fact that they lied about me, fired me as a favor to the LAPD (which owned them at the time) and tried to destroy my journalistic reputation in order to send a chilling message to journalists who criticize the police. My anti-SLAPP case is still working its way through the court system—and things currently look good—but there is already a $330,000 judgment against me. They want me to pay that money to two billionaires, Dr. Patrick Soon-Shiong and LA schools superintendent and former Times publisher Austin Beutner, with a combined net worth of $16 billion.

            Bill Cosby has been using the anti-SLAPP statute against his rape victims.

            Faced with these cases, anti-SLAPP apologists sometimes say that the law isn’t bad, that it is simply being abused. If a law is written in such a way that it can be routinely abused, it is bad by definition.

(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.)

Rall v. LA Times Lawsuit News: We Have Appealed to the California Supreme Court

Whether journalists in California will keep basic employment protections and whether libel will remain actionable are now important issues in the hands of the California state Supreme Court. We filed our Petition to Review with the court yesterday. Please read it here. It’s a good primer about an important case. And please wish me luck. I need it!

Thank you for your continued support.

Journalists Had Better Hope I Win My Case Against the Billionaire-Owned L.A. Times

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I have written extensively about my lawsuit against the LA Times. As I prepare for the next, do-or-die, stage of my case, it’s time to explain why Rall v. Los Angeles Times et al. has broad implications beyond me personally.

Freedom of the press is at stake.

The subtle yet fundamental question here is: who needs freedom of the press? The obvious answer is journalists: reporters and pundits. But journalists’ freedom to report and editorialize is in grave danger from a surprising enemy: their employers.

Once was, reporters like Woodward and Bernstein were on the same side as their employers. In this age of corporate aggregation of newspapers and other media outlets by publicly-traded media corporations and individual billionaires, however, newspapers and other media outlets are often compromised by their quest for profits, as the LA Times’ parent company was when it allowed its stock to be sold to the LAPD pension fund. In this struggle the media companies have framed themselves as guardians of press freedom at the expense of journalists, ironically securing the power to screw journalists in the guise of First Amendment protections.

If the California Supreme Court refuses to hear my case — which is probably what will happen — or hears it and rules for the Times’ anti-SLAPP motion against me, the court will send a chilling message to journalists and pundits across the country. Most Americans, and most reporters, live in states with anti-SLAPP statutes modeled on California’s.

The threat to journalists is unmistakable: rock the boat and you risk being destroyed.

Write an article critical of a powerful institution like the LAPD, the nation’s highly militarized, largest and most brutal police forces, controlling a $16 billion pension fund, and they can pull strings to get you fired. It can also happen in a tiny town like Baker City, Oregon.

Even worse, you can’t find another job because they use falsified “evidence” to smear your reputation for honesty. Even if you can prove that it’s BS — as I did — media companies use their editorial endorsements of jurists and politicians to rig the courts with their allies so you, the victim, get dunned hundreds of thousands of dollars for the villainous media company’s legal fees!

I have advice for journalists thinking about covering police abuse: don’t. The price for doing your job — termination, defamation and bankruptcy — isn’t worth it.

If I could go back to 2015 when the LAPD-owned LA Times trashed my reputation in service to a thin-skinned police chief, I would not draw or write anything about the cops. It’s too dangerous.

I have learned how big media companies have stacked the bench with sympathetic judges, lobbied for laws that protect them from accountability for breaking the law and used their influence to crush individual journalists for such crimes as reporting the news or having worked long enough to earn a high salary. The system doesn’t even pretend to be fair. Many judges are former prosecutors; how can they justify not recusing themselves from cases involving the cops?

Now there is a $330,000 judgment against me for having the gall to defend my reputation in court. Unless the California Supreme Court overrules it, that judgment will be final and will grow bigger. Journalists and pundits aren’t covering my case — they’re afraid, as they ought to be — but they are watching. If the judgment stands, who will be stupid enough to take on the LAPD or similar institution?

As if the chilling effect on journalists wasn’t enough reason to watch my case, the Times is arguing (so far, successfully) that media companies should no longer extend protections against discrimination by gender, age and sexual orientation to their workers. Unless the court overturns the lower court rulings against me, the door will be pushed open for the Times and other California media corporations to fire, say, its African-American or transgender employees without redress in the courts.

Then there’s the damage to defamation law. For hundreds of years it has been possible for a person wrongfully slimed by a news publication to go to court to try to clear their name. Abusive anti-SLAPP motions have made a mockery of libel law to the point that the National Enquirer, represented by the same lawyer as the Times, falsely claimed Richard Simmons had become a transsexual woman and Simmons was ordered to pay $130,000 to the Enquirer!

It should be challenging to sue for libel, not impossible.

“The quote/unquote truth doesn’t matter,” Los Angeles Times/National Enquirer lawyer Kelli Sager said in court. So far, she’s been right. Judges have bent over backwards to believe the Times’ many lies and ignore the plain truth right in front of them. Hopefully a court outside LA will let me get my day in court.

(Ted Rall, the 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.)

You No Longer Have the Right to a Jury Trial

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I was wronged. All I wanted was a trial by jury, a right enshrined in Anglo-Saxon legal tradition in the Magna Carta 803 years ago.

Is this still America? No. America is dead.

Not only have I been denied that fundamental right, I have been punished for having had the temerity to seek redress in the courts.

Justice is when wrongdoers are punished and victims are compensated. Instead, the California court system has provided Anti-Justice. The wrongdoers are getting off scot-free. I, the victim, am not merely being ignored or brushed off. I am being actively punished.

The ruling in Ted Rall v. Los Angeles Times et al. came down last week. The California Court of Appeal ruled in favor of the Times’ “anti-SLAPP” motion against me. Anti-SLAPP law supporters, including the Times, say they’re supposed to be used by poor individuals to defend their First Amendment rights against big companies. But that’s BS. The Times—owned by the $500 million Tronc corporation when I filed suit, now owned by $7 billion biotechnology entrepreneur Dr. Patrick Soon-Shiong—abused anti-SLAPP to destroy me.

My case was simple. I drew cartoons mocking the LAPD and then-Chief Charlie Beck for the Times, criticizing them for abusing people of color and the poor. A new publisher, Beck’s pal, took over. Beck asked publisher Austin Beutner to fire me and to smear me so I couldn’t work anymore. So the Times ran two pieces announcing that I’d been fired, not for offending Beck—violating their own Ethical Guidelines, they kept his identity secret—but for supposedly lying in a blog post discussing a jaywalking arrest in 2001. I hadn’t lied. I told the truth. And I proved it.
“One hell of a defamation case,” a lawyer told me. Another, a top expert on libel, said: “If you don’t win your case, defamation law in California is dead.”

But as the Times’ lawyer kept saying in court, “the quote/unquote truth doesn’t matter.” She was right. What mattered were power, money and influence.

The ruling means my case will probably never go to trial. The court has already ordered me to pay $330,000 to the Times for their legal fees because hey, a guy with $7 billion obviously needs and deserves to get cash from a cartoonist the Times used to pay $300 a week. That sum will definitely be higher—perhaps double—by the time the Times files the rest of its padded legal fees.

I will never get discovery, which means neither I nor the readers of the Times will ever learn the details about how then-publisher Austin Beutner (now superintendent of LA schools, where teachers are on strike because Beutner doesn’t want to give them a proper raise) arranged for the LAPD pension fund to become #1 shareholder of the Times’ parent company. Neither I nor the readers of the Times will ever know just how deep the corruption between the LA Times and the LAPD went, or to what extent the Times agreed to provide police-friendly coverage.

For me personally the ruling necessarily means bankruptcy and/or being forced to leave the United States so I can continue to earn a living. This used to be the kind of thing that happened to journalists in other countries, not the U.S. Unfortunately, I couldn’t even get the ACLU behind me—because they don’t want to be seen as opposing the anti-SLAPP law.

I’m much luckier than Jamal Khashoggi—though the scorched-earth litigation tactics and lies deployed by National Enquirer/LA Times attorney Kelli Sager makes me pretty sure they would do the same thing to me if they could get away with it.

But the court’s real message isn’t directed toward me. What the court did in brazen deference to the LAPD and the LA Times and in direct opposition of the law was to send a message to journalists in California: do not mess with the cops and do not mess with a newspaper owned by the cops.

If you do your jobs, we will crush you.

At a time when reporters who still get to work are grateful to merely see their salaries slashed rather than join the ranks of the unemployed, you’d have to be a total goddamned idiot to criticize law enforcement.

There is one last slim reed of hope: the California Supreme Court. I am petitioning the high court to reverse the Court of Appeal’s anti-SLAPP ruling. But the odds are long. They hear fewer than five percent of appeals.

During his confirmation hearing Supreme Court justice Brett Kavanaugh said that as a judge he wanted even the losing side to come out of the process feeling that his side had been heard and carefully considered.

I feel the opposite.

Since the start of my case it has been painfully obvious that the fix was in. As the plaintiff and as the victim of deliberate and repeated libel on behalf of one of the most corrupt police agencies in the country, I was the aggrieved party. Yet the courts treated me just like the Times did when they canned me: I was guilty until proven innocent and guilty even after having been proven innocent.

Pretzel logic has been a constant since 2015, when Beutner’s Times ran a piece about me which read that “a man and a woman can be heard speaking in the background at one point, but only a few of their words are intelligible…[they] appear to be having a conversation unrelated to the jaywalking stop.” Hey morons: if you can’t hear what they’re saying, how can you hear what they’re not saying?

The court’s ruling was no more intelligent.

The anti-SLAPP law requires judges to consider a theoretical construct at the anti-SLAPP stage of a case. Without judging the evidence, assume that the plaintiff’s case is 100% as presented, 100% accurate, all his evidence 100% true. Then assume that nothing the defense says is true. Would there be a smidge of a case there? If yes, the case moves forward.

As in many other anti-SLAPP cases, the judges didn’t even pretend to do that.

When my attorney Jeffrey Lewis mentioned that basic aspect of anti-SLAPP during oral arguments (listen here), the judges reacted as though they’d never heard such a thing before! Times lawyer Sager knew Lewis was correct which is why she didn’t touch the issue in her rebuttal. Yet the ruling in favor of the defendants didn’t mention, much less rebut the evidence rule. To the contrary: the justices ignored my arguments and evidence, assuming everything I said to be false. And they took everything the Times said, not at face value—because anyone reading the pieces could tell they were false—but beyond, crediting their goodwill beyond even what the Times alleged in its defense (for example, saying that the Times sent my enhanced audio for professional analysis, something the Times never claimed).

A couple decades ago I wrote that the court system was the last functional branch of government, the final resting place of the proposition that injustice could be addressed even when the villain was powerful. Perhaps I was right then. It certainly isn’t true now.

Any American who trusts the court system is a fool.

(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.)

This Is What Happens When a Court Decides Whether You Get Justice or Get Destroyed

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More care goes into the making of a sandwich.

That’s what I was thinking last Thursday as I watched oral arguments in the California Court of Appeals in Los Angeles.

Case after case came before a three-judge panel. They concerned a variety of matters. Hundreds of thousands of dollars, perhaps millions, were at stake. More importantly, so were hard-built professional careers and reputations. With so much that mattered hanging in the balance, you’d hope to see these cases handled with sensitivity, decorum and thoughtfulness—and you’d be sorely disappointed.

There was a real estate deal gone wrong that I would have needed to read up on in order to understand. A physician was resisting a subpoena for his patients’ records filed by the state medical board, which suspected him of overprescribing opioids. And there was me, former editorial cartoonist for The Los Angeles Times, defending myself from an “anti-SLAPP” motion that, if successful, would end my lawsuit before it began and bankrupt me with a court order for me—the victim—to pay the Times hundreds of thousands of dollars for their legal fees.

It ought to be illegal for a police department to own a newspaper. But it’s not. In 2015 the LAPD pension fund was a major shareholder of Tribune Publishing, owner of the Times. Annoyed at my cartoons about him, then-LAPD Chief Charlie Beck asked the Times then-publisher Austin Beutner, now LA schools superintendent, to fire me as a political favor. He did. Beck also wanted my reputation destroyed so I could never work again, in order to send a message to journalists: don’t mess with the LAPD. Beutner, Beck’s political ally and a man with ambitions to become mayor or governor, complied by ordering that the paper publish two libelous articles about me portraying me as a liar.

The second one was published after I proved I had told the truth.

I sued for defamation and wrongful termination in 2016.

Since then Times attorney Kelli Sager, who also represents the National Enquirer in its smear of gay icon Richard Simmons, has waged a scorched-earth litigation campaign designed to intimidate, harass and delay my quest to clear my name. Sager filed the anti-SLAPP, a law designed to be used by individuals to defend themselves against powerful corporate entities, against me. She convinced the court to force me to pay $75,000 just to be able to continue my case for something called a “Section 1030”—a law whose intent is to discriminate against out-of-state plaintiffs (I live in New York.) Last week, during oral arguments in open court, she compared me to a “pedophile.”

Last summer the lower court in L.A. ruled against me on the anti-SLAPP, saying that even though I showed that I was truthful and the Times was not, I must pay $330,000 (as of then) in legal fees to the Times. I appealed, which is why I was in court last Thursday.

We knew it was going to be tough. Shortly beforehand the court issued a “tentative opinion” that indicated the Court of Appeals planned to buy Sager’s arguments lock, stock and barrel. Those arguments were lengthy and complicated but they could be summarized as: the First Amendment allows newspapers to publish anything they want, the truth doesn’t much matter and if you slap a veneer of officialdom on libel—in this case, the Times claimed, it was merely reporting on what the LAPD said about me—it becomes “privileged,” i.e. inactionable.

My attorney Jeff Lewis emphasized several points.

First, he pointed out, the tentative opinion disregarded California anti-SLAPP case law that requires that I be given the benefit of the doubt, not the Times, when considering their anti-SLAPP motion. In Overstock.com, Inc. v. Gradient Analytics, Inc. (2007), for example, the court ruled that “the plaintiff’s burden of establishing a probability of prevailing is not high: We do not weigh credibility, nor do we evaluate the weight of the evidence. Instead, we accept as true all evidence favorable to the plaintiff and assess the defendant’s evidence only to determine if it defeats the plaintiff’s submission as a matter of law.” The tentative opinion was rife with references to my supposed (in)credibility and purported to evaluate the evidence presented.

The justices seemed surprised by Jeff’s argument. They asked him to cite case law examples. He did. They wrote them down.

I hope they take notice and change tack, still, anti-SLAPP motions are commonplace in California courts. How could any judge be unaware of important cases like Overstock or the standard that plaintiffs get the benefit of the doubt in anti-SLAPP?

Jeff countered the Times’ argument that they were merely passing on what the LAPD records given to them said. It matters because “fair and true” journalistic reports about government records are “privileged.” Much of the Times’ hit pieces against me concerned the Times’ own cursory sham investigation of me. One judge asked Sager whether the Times was arguing that both the LAPD and the Times’ references were privileged. Sager repeated that the LAPD ones were, repeatedly ignoring the Times question until, after being pressed, she played dumb, insulting the court’s intelligence by pretending not to understand the issue.

No one pressed her on that or on her “pedophile” remark. Whereas the judges expressed great concern for the reputation of the doctor in the previous case about overprescribing, none spoke against comparing a cartoonist to a pedophile, further slandering me.

Jeff asked why the court’s tentative ruling ignored our most important anti-SLAPP case law precedent, Wilson v. CNN. There was no clear answer. Whether it was intentional or they forgot, people have been fired from far less prestigious jobs for considerably less shoddy work.

Lewis asked the court to consider the chilling message they would send to journalists at news outlets like the Times if they ruled for the Times against me: if you criticize the LAPD, you can be destroyed even though you did nothing wrong. And you can’t sue. There is no redress. There is no justice.

We await the court’s ruling.

UPDATE: Listen to the oral arguments here:

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

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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.)

July 14, 2017 is Bastille Day and Also I Finally Get To Tell a Court What the Los Angeles Times Did to Me

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LAPD Chief Charlie Beck. The LA Times protected Beck as an anonymous source in violation of its Ethical Guidelines, which prohibit such anonymity.

If you live in or near Los Angeles and you have Friday mornings off, here’s a Save the Date: LA Superior Court, 111 North Hill Street, downtown LA. Take the elevator up to the 7th floor, to Department 74. Friday, July 14, 2017 at 9 am: be there or be square.

I’ll be defending myself against The Los Angeles Times, which colluded with LAPD Chief Charlie Beck to fire me two years ago. Personally. Pro se.

I’ll be acting as my own lawyer.

My crime? For six years my cartoons in the Times criticized the police in general, the LAPD in particular and Chief Beck personally because of his department’s deplorable history of brutalizing civilians and murdering people of color, widespread corruption and incompetence.

I don’t blame Beck, the LAPD and the LAPD police union, the Los Angeles Police and Protective League (LAPPL) for hating my guts. I’m a political cartoonist. I pissed them off. Cartoons still matter.

If LA cops were nicer and smarter, of course, they wouldn’t have gotten mad at me. They would have remembered their slogan — “to protect and to serve” — and started doing that and stopped beating up young black men. Instead, the LAPD was out to get me.

Being hated by the cops wasn’t new. In addition to the Times, I drew cartoons for Pasadena Weekly. Publisher Kevin Ulrich remembers that I was “infuriating cops, ticking off prosecutors and politicians, and regularly challenging the powers that be at City Hall.” In other words, doing my job.

“In his latest controversy, Rall suspects police officials told the Times to fire him, which would not be surprising,” Ulrich wrote in 2015. “That same request was made of me many times by Pasadena police and other city officials. If the cops in LA despised Rall half as much as did Pasadena’s Blue Crew, it is certainly believable that they would set him up for some sort of fall, just as it would probably be just a matter of time before some ‘lucky’ LAPD officer would run into him on the street.”

Indeed, that’s exactly what I learned after the Times fired and slimed me, portraying me to their readers as a liar and a fabulist in not one but two pieces. The chief of police told the Times to fire me.

So they did.

Chief Beck read a cartoon I wrote about the LAPD’s latest nasty crackdown on the phony crime of jaywalking, which disproportionately targeted working-class and people of color with $200 fines they couldn’t afford. In an online blog I wrote to accompany my toon, I mentioned that I’d been arrested for jaywalking by a mean cop in 2001. The officer, I wrote, had falsely accused me of jaywalking. He threw me against a wall and handcuffed me. An angry crowd gathered.

Beck strolled the single block between the Times and LAPD HQ and walked into the office of then-publisher Austin Beutner. Beutner, a billionaire, didn’t have newspaper experience. But he wanted to be mayor. And Beck was his only major political ally.

The LAPD had long enjoyed a cozy relationship with the Times. The paper relied on the cops for tips, especially after years of slashing the budget for reporters. Cops even ate in the Times cafeteria (me, I had to sign in). But things had gotten even more lovey-dovey under Beutner.

A couple of months after Beutner became publisher, the LAPPL awarded its pet billionaire its “Badge & Eagle Award” for “their dedication to law enforcement” and supporting the LAPD “in all that they do.” Never mind the paper’s “ethical guidelines,” which state: “Awards: Staff members should enter their work only in contests whose central purpose is to recognize journalistic excellence.”

Newspaper stocks have been reliable losers for a long time. But the LAPPL viewed Tribune Publishing, the Times’ parent company, as a solid investment — in influence. As Tribune’s stock plunged, the LAPPL spent tens of millions in pension funds to effectively become the Times’ #1 shareholder. Nothing new there — back in 2009, the LAPPL bought a chunk of the San Diego Union-Tribune, then told a newspaper that that investment bought influence, influence it planned to use to force the firing of editorial writers it didn’t deem sufficiently pro-cop. That paper was the Times.

            Whole lotta cozy going on.

Beck gave Beutner an audio recording secretly made by my cop back in 2001. This proves Ted Rall lied, Beck told him. It shows no angry crowd. No handcuffing. No mistreatment.

The audio was almost all static and traffic noise.

After they canned me and published their first attempt to destroy my journalistic career and send a chilling message to police critics, I had Beck’s secret audio sent to a company that cleaned up some of the noise.

“Take off his handcuffs!” one woman yelled at the cop.

People were on there, all right. And they had lots to say — angry things about police brutality — to the cop.

Did the Times admit they messed up? Nope. They doubled down, publishing a second piece — this one full of even more lies.

So I sued. Did they admit they messed up? Nope. They doubled down, filing a “anti-SLAPP” motion that — get this — argues that I censored the Times with my lawsuit. For having the temerity to try to clean up my libeled reputation, the Times is asking a judge to force me to pay their legal fees — which they say will be at least $300,000.

I lost the first of three anti-SLAPP motions. The main event, against the Times itself, is Friday, July 14th. My attorneys fired me after the first loss, so I’ll be on my own. That’s right: I’ll be representing myself in court.

If you care about a free press, please be there. I’m free for lunch after.

(Ted Rall (Twitter: @tedrall) is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. 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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