The Truth Is!: Gilbert Cranberg: HIGH COURT’S INVITATION TO CORRUPTION

WELCOME to the debut of “The Truth Is!”, a blog of reporting and commentary that aims to be informative, thoughtful and provocative. At least initially, the blog will have a strong heartland flavor by virtue of the connection of a number of us to Cowles family journalism. I am former editor of the Des Moines Register’s opinion pages. Another contributor, Michael Gartner, is former editor of the paper; he later served as president of NBC News. Another former Register editor who has agreed to contribute, Geneva Overholser, is director of the University of Southern California’s Annenberg school of journalism. Followers of the blog will have access also to the work of Herbert Strentz of Des Moines, a close Register and other newspaper watcher who once headed Drake University’s journalism school. Bill Leonard, a longtime Register editorial writer, will add insights.

“The Truth Is!” will be supervised by my daughter, Marcia Wolff, a communications lawyer for 20 years with Arnold and Porter (Washington, D.C.). Invaluable technical assistance in assembling and maintaining the blog is provided by my grandsons Julian Cranberg, a college first-year, and Daniel Wolff, a high school senior.

If you detect a whiff of nepotism in this operation, so be it. All of it is strictly a labor of love. —Gil Cranberg

Wednesday, March 26, 2014

Gilbert Cranberg: HIGH COURT’S INVITATION TO CORRUPTION

The New York Times on March 18 described it as a “nightmare scenario” and an “extraordinary case” that opens up “new frontiers of political corruption.” Indeed it does. For in Utah, political operatives essentially hung a for sale sign on the attorney general’s office and urged the payday lending industry to buy the office by surreptitiously contributing to the campaign of a candidate who let it be known he would be partial to the interests of the contributors.

The U.S. Supreme Court in its 2010 decision in Citizens United virtually invited this kind of corruption by poo-poohing the risks of corruption posed by campaign contributions. In dismissing the notion, the court wrote, “…we now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” Tell that to the folks in Utah victimized by the payday lenders’ scheme to take control of the attorney general’s office.

The Supreme Court in Citizens United made almost a fetish of the notion that money is speech. In so doing, it blinded itself to the corrupting potential of money. The overreaching in Utah ought to be a wake-up call to the high court’s justices to re-examine their flawed ruling in Citizens United.

A recent book by a brilliant First Amendment scholar, the late Professor Randall Bezanson of the University of Iowa College of Law, made a convincing case of the need for re-examination. Bezanson wrote of the Citizens United ruling, “…there is good reason to find it logically wanting, historically and textually arid, given to grand and broad statements of law and ultimately dissatisfying. The Court’s opinion never really gets to the substance of the corporate speech issue, instead escaping the need to grapple with text and history and theory by what proved to be a weak and unconvincing expedient of claiming that the decision had already been made in many Supreme Court decisions….With all respect, nothing could be further from the truth.”

So by all means let’s have a fresh look at Citizens United.

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Gilbert Cranberg is George H. Gallup Professor of Journalism Emeritus, the University of Iowa School of Journalism and Mass Communication. He was associated for 33 years with The Des Moines Register and Tribune where he was editor of the editorial pages of both papers.

Cranberg taught for 18 years at the University of Iowa's journalism school. He co- authored "Libel Law and the Press: Myth and Reality," (The Free Press) whose authors won the 1987 Distinguished Service Award of the Society of Professional Journalists for research in journalism. Another book, "Taking Stock: Journalism and the Publicly Traded Newspaper Company," (Iowa State Press), was published June 2001. He is the co-author of several law review articles on the subject of libel.

He served in the infantry in the Pacific during World War II. He graduated magna cum laude and Phi Beta Kappa from Syracuse University (1949) and received a master's degree in social science from Drake University (1956). He was for six years an at-large member of the National Board of Directors of the American Civil Liberties Union. He was a Fellow of the World Policy Institute and of the Open Society Institute.

Cranberg served as chairman of the Professional Standards Committee of the National Conference of Editorial Writers and as a director of that organization. He was a member of the American Society of Newspaper Editors and of its Ethics and Values Committee. He is a life member of the National Conference of Editorial Writers for having "achieved exceptional distinction in the profession." He has written for numerous publications, including the New York Times, Washington Post, Los Angeles Times, USA TODAY, Journalism Quarterly, Columbia Journalism Review, American Journalism Review, Nieman Reports, American Bar Association Journal and Iowa Law Review.

Michael Gartner was born in Des Moines, Iowa. He received his B.A. from Carleton College and J.D. from the New York University School of Law. He joined the staff of The Wall Street Journal in 1960 as a copy editor, later becoming Page One Editor. He served in various positions with the Des Moines Register over 11 years including Executive Editor, Editor, President, Chief Operating Officer and Editorial Chairman. He went on to serve as General News Executive for Gannett Co. and USA TODAY and editor of the Louisville Courier-Journal.

In 1988, Mr. Gartner became President of NBC News and served in this capacity until 1993 when he became Chairman and Editor of The Daily Tribune in Ames, Iowa. Mr. Gartner was for six years a member of the Iowa Board of Regents, and he is chairman and principal owner of the Iowa Cubs baseball team.

In 1997, Mr. Gartner was awarded the Pulitzer Prize for Editorial Writing for his editorials about community issues in The Daily Tribune.

Geneva Overholser is director of the Annenberg School of Journalism at the University of Southern California. Before her current position, she held the Curtis B. Hurley Chair in Public Affairs Reporting for the Missouri School of Journalism, in its Washington, D.C., bureau.

Overholser previously was editor of The Des Moines Register, a syndicated columnist for the Washington Post Writers Group, an editorial board member of The New York Times, ombudsman of The Washington Post and a reporter for the Colorado Springs Sun. Under her leadership, the Register won the 1990 Pulitzer Prize Gold Medal for Public Service. She is a fellow of the American Academy of Arts and Sciences and the Society of Professional Journalists and was a Nieman fellow at Harvard. She served on the board of the Pulitzer Prize for nine years, the last year as chair.

Overholser was named “Editor of the Year” by the National Press Foundation and “Best in the Business” by the American Journalism Review. She co-edited the book, The Press as an Institution of Democracy and authored “On Behalf of Journalism: A Manifesto for Change.” Overholser wrote a blog for the Poynter Institute Website and a regular column for the Columbia Journalism Review. She spent five years overseas, working and writing in Kinshasa and Paris.

Herb Strentz is professor emeritus of journalism at Drake University in Des Moines, Iowa. He was a founder of the Iowa Freedom of Information Council and served as its executive secretary from 1975 to 2000. In 2004 he was named to the "Heroes of the 50 States, The Open Government Hall of Fame" of the National Freedom of Information Coalition and the Society of Professional Journalists.

His PhD is from Northwestern University and he taught at Bakersfield College, the University Kentucky, and the University of North Dakota before going to Drake where he served as dean of the School of Journalism and Mass Communication from 1975 to 1988.

Strentz also worked as a reporter for The Fresno Bee and the Associated Press in Albany, NY, and worked part time and during the summers for The Minneapolis Tribune and the Des Moines Register and Tribune Company. He is the author of "News Reporters and News Sources," which was published by the United States information Agency in Spanish, Chinese and Arabic.