Comments on: Shame on CNN https://archives.lessig.org/?p=3691 2002-2015 Thu, 11 Dec 2008 02:50:47 +0000 hourly 1 https://wordpress.org/?v=5.7.2 By: burnt offerings https://archives.lessig.org/?p=3691#comment-26624 Thu, 11 Dec 2008 02:50:47 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26624 “I’m not saying regardless of what was said. But we get as much privacy was we give. And in this context, imho, the decent thing to have done was to say nothing — because, as @adam puts it, it isn’t newsworthy, and it was obtained by recording beyond what anyone was entitled to be recording.”

ok, so let me see if i understand your point… some things are ok to publish if overheard at public events?

i do not think there should be any reason that politicians should be entitled to extra privacy rights: this man was standing on a stage in front of a mike with an audience. why on earth should there be any expectation of privacy when he’s inviting people to hear him speak and he’s already taken the stage?

i do think it was “decent” for the press to pretend fdr wasn’t in a wheel chair. i do not however think that their choices in the 40s should imply any sort of expectation for john mccain’s medical records. there is a limit on the expectation of privacy when you’ve put yourself in the public eye and “decency” is a concept which is as legally slippery as “pornography”. there are two problems with the comparisons you make:

“One response is the Soviet response — learn to shut up in all contexts in which you might be surveilled. See my favorite testimony ever: http://www.lessig.org/content/articles/works/statement.pdf

do soviet reporters have first amendment rights?

“Another response is to start to regulate — whether through norms or law but at least norms — what people do with the information they capture. Such regulation would say, in this context: yes, your (likely) remotely controlled microphone was on, and it plainly captured something that Rendell didn’t intend to be broadcast, so do the decent thing and don’t broadcast it.”

does this conflict with first amendment rights? i think it’s troubling that you do not discuss that at all while you’re leaping to the defense of a politician under the microscope of our evil, evil press.

how would such regulation begin to work, and why don’t you see the obvious (to me) philosophical conflict you’re setting up in comparison to the way you talk about copyrighted work? if a politician can insist that his words not be published because of his privacy rights, isn’t that just as restrictive for our discourse?

i am also troubled by the way you compare my privacy rights to his. i would love the chance to get up in front of the media on stage with prepared remarks. this is in no way similar to me to tapping my phone line or eavesdropping on my conversations at home. why are you equating the two? reality should matter, shouldn’t it?

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By: Jodi Suguitan https://archives.lessig.org/?p=3691#comment-26623 Mon, 08 Dec 2008 00:40:34 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26623 Agreed. The networks should examine some of their invasive practices. Rendell shoulders some blame for not being more careful while being in the spotlight. In the end the whole story is a non-event anyway. It’s just the networks trying to make news. Ever get tired of watching the CNN news rerun ever 30 minutes or so?

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By: Cleaning business guru https://archives.lessig.org/?p=3691#comment-26622 Sat, 06 Dec 2008 00:48:21 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26622 Expecting privacy at a press conference? Rendell was careless. I agree that comments made in private should be respected since they are protected by the constitution. CNN is sensationalist and non reflective about its narcissism, exampled by ALL of the commentators, that like to comment on themselves and each other more so that the news. Ditto for msnbc.

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By: Jardinero1 https://archives.lessig.org/?p=3691#comment-26621 Fri, 05 Dec 2008 03:51:09 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26621 Free the open mikes! The public deserves full disclosure of what our elected officials are really thinking!

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By: SteveW https://archives.lessig.org/?p=3691#comment-26620 Fri, 05 Dec 2008 03:41:42 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26620 Gov. Rendell is a public figure, at a public event, where there is at least one television camera, and an open mic at most a few feet from him, and he somehow has an expectation of privacy?

That makes no sense. Rendell is an extremely sophisticated player in the world of the media, so he would have an even lower expectation than probably anyone else there.

It wasn’t surveillance. He was a few feet from a microphone — set up for the event —  and close enough to have it pick up his voice. It’s not as if CNN was outside his home with a parabolic dish snaring the governor’s chats with his wife.

The argument that Rendell would not have wanted his comment broadcast, so it was unethical for CNN to do so, would render reporters nothing more than stenographers.

It reminds me of the comment by the late mayor of Chicago, Richard J. Daley, who once admonished reporters to print what he meant, rather than what he said.

There wouldn’t be an argument at all if Rendell had made a racist statement off mic. Instead, he made a statement that some people find greatly objectionable, some mildly offensive and others wouldn’t think twice about it.

The point isn’t what you think of the statement or what Campbell Brown thinks of it.

It’s whether you believe people are entitled to the information concerning Rendell’s statement, so they can make their own judgment about it and what it says about Rendell and his attitude toward women, if it says anything.

There’s a difference between whether you report the statement at all and whether, as Campbell Brown did, you devote a lengthy commentary to it. (At least lengthy for cable news.)

That’s a matter of news judgment — or lack of news judgment — and I think that’s what more people are actually reacting to.

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By: MightyLawd https://archives.lessig.org/?p=3691#comment-26619 Thu, 04 Dec 2008 20:43:48 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26619 Oh come on, Shame on the CNN?
Remember Bush talking to Cheney calling an Reporter a “major league asshole”?
Right, it was EXACTLY the same.
I did not hear anyone crying foul at this time. But of cause because we deal here in this case with a DEMOCRATIC Governor who’s comment is not that Chang’o’manic it is sooo mean and evil and bad what CNN is doing there, right?

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By: christopher https://archives.lessig.org/?p=3691#comment-26618 Thu, 04 Dec 2008 06:31:16 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26618 “if there was a single man appointed to the job, Rendell’s backhanded “No Life” praise would apply just as well.”

perhaps. but the editorial point was that he probably wouldn’t have made the point if it was a single man. he didn’t make the opposite point when it was married with children men doing the job. if their family obligations and “life” didn’t prevent them from doing a good job, why make a point of the supposed freedom a single person would have to give 19-20 hours a day to the job?

i think also that number (19-20) contextualizes the statement. it’s exaggeration makes his comments appear as lazy sexism rather than serious analysis.

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By: James Cape https://archives.lessig.org/?p=3691#comment-26617 Thu, 04 Dec 2008 06:02:57 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26617 In this particular case, I don’t personally think that Rendell was making a point about women, I think he was making a point about work in general: if there was a single man appointed to the job, Rendell’s backhanded “No Life” praise would apply just as well.

As to the point of this post, you’re reposting the story in it’s entirety, so there’s a bit of a double-standard to your complaints. I hadn’t seen or heard of it anywhere but here, and this dumb story would have disappeared eventually of it’s own ethereal nature.

While I agree that the proper response to more and more surveillance is more and more regulation of surveillance, I do not have any problem with news organizations broadcasting any comments made by public servants. I think the people of Pennsylvania have every right to know as much as possible about the men and women they are electing to rule on their behalf: the dangers of overblown gotcha! journalism are far less than the dangers of a executive operating under a government-mandated veil of secrecy.

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By: Rick https://archives.lessig.org/?p=3691#comment-26616 Thu, 04 Dec 2008 04:44:51 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26616 This is all just plain stupid; top to bottom. It was an open mic so he should have been more careful. Or perhaps he wasn’t more careful because he was speaking literally; speaking to the nature of the job and not the sex of the appointee.
Campbell Brown creates a “story” to suit her own agenda. Must have been a way slow news day; just another absurd over-editorialized non-issue by an idiot reporter.

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By: Judd Antin https://archives.lessig.org/?p=3691#comment-26615 Thu, 04 Dec 2008 04:23:21 +0000 http://lessig.org/blog/2008/12/shame_on_cnn.html#comment-26615 You all may know Gov. Rendell and his intentions better than I, but I’m surprised at how many people are so quick to gender this issue and cry foul. I’ve heard similar comments about both men and women many times and in many contexts. Is it not, sometimes, easier to devote time to thing when fewer other important things are competing for that same time? Not always, I’d argue, but sometimes.

I can’t speak to what Rendell was really implying. It may very well have been a sexist jab, and as Larry points out it was certainly unwise. However, I agree that this is typical of CNN’s path from reputable news organization to sensationalist rag. As exhibit B I submit the following from earlier today:

The top new story on CNN’s Political Ticker was listed on the CNN homepage as ‘Ticker: Obama ‘disappointed’ in Gov. Richardson.’ Snared and clicking through to the blog, I find the real headline ‘Obama ‘deeply disappointed’ Richardson shaved beard.’

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