The Truth Is!: May 2015

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

Saturday, May 30, 2015

Gilbert Cranberg: MONEY AND SPEECH

Some things are true but false. A major example is the often cited statement by the Supreme Court equating money with speech. Of course, you can buy an issue ad with money and that is unquestionably an exercise in free speech. But money also buys access to the political system and that is much less clearly an exercise in free speech.

No one has ever been corrupted by reading an ad in a newspaper, but political candidates excessively influenced by big money have corrupted the political process. The political landscape is littered with examples of politicians using their influence for corrupt purposes.

So, is the use of money purely an exercise of speech or is it something more? The American Civil Liberties Union is seriously split over the question. Long-time members disagree with the organization’s objections to restrictions on campaign advocacy and spending. Absolutists in the organization see any government restraint on spending as a violation of the first amendment. The ACLU is the nation’s pre-eminent advocate on free speech issues. So when members disagree as vehemently as they do now the rift is a serious one.

It’s much too simplistic to declare that speech is synonymous with spending. Too much corruption has been evident in the way access to candidates has been abused. It is obvious that the high court must revisit the question of money and speech. When it does it has to recognize that equating money with speech is unrealistic. The corrupting influence of excessive access to the powerful in society is too obvious to ignore. It is that access that makes a mockery of the court’s insistence that spending is simply an exercise of free speech.

Wednesday, May 27, 2015

Herb Strentz: THE IOWA CAUCUSES VERSUS THE U.S. CONSTITUTION

For all the red-white-and-blue hurrahs and chest thumping so dear to the hearts of those who promote the Iowa caucuses, it is sobering — even depressing — to consider how the GOP caucuses don’t much care about the wisdom of the U.S Constitution in general or the spirit of Article VI of the Constitution in particular.

Sadly, the last 20 words of Article VI not only are ignored by the Iowa caucuses but are kind of a sick joke when it comes to the race for the GOP presidential nomination. Those words from the hallowed Constitution: “…no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

No religious test? What a hoot! Those sympathetic to James Madison and his founding friends need not apply for a booth at the Iowa Straw Poll.

No religious test? Tell that to “Cary Gordon, a Christian conservative pastor at a Sioux City church,” as he is identified and invoked from time to time when the Des Moines Register wants to report whether a potential GOP candidate passes muster in a Christian “born again” litmus test.

No religious test? Tell that to Gov. Terry Branstad and the press who make it clear to prospective candidates that, when it comes to the caucuses, the folks who really must be impressed are the likes of Charles Hurley of the Iowa Family Policy Center and Robert Vander Plaats of the equally evangelical The Family Leader.

Yes, the Constitution does set restrictions on government and not on citizens. So, a private company can punish an employee for expression that the First Amendment will protect when it comes to limiting government. Likewise, while legislators — at least so far — cannot declare the U.S. to be a Christian nation, millions of voters can take that notion to the polls, as many clergymen urge them to do every election. And now we have candidates for the GOP nomination campaigning along the same religious lines regardless of the spirit or advice of the Constitution. (And while the Constitution focuses on what government can and cannot do, the document does not prohibit citizens from following its spirit!)

James Madison and his 18th century colleagues feared the likes of an Iowa caucus and its de facto endorsement of a religious test for candidates. As legal scholar Burt Neuborne writes in his new book, Madison’s Music: “The Founders knew from personal experience that true believers often use the state to impose their beliefs on others and to persecute, harass, and even annihilate non believers…That’s why, even before there was a Bill of Rights, Article VI…forbade the political majority from imposing religious tests for public office, one of the few protections of civil liberties in the text of the 1787 Constitution.”

Article VI is fightin’ words to the Iowa GOP and caucus promoters. Perhaps that is to be expected, given the penchant of true believers to shove their ideologies down everyone else’s throat.

So for the past 20 or 30 years, the Iowa GOP has raced to the religious right in its party platforms and what it sees as Gospel-driven demands on public policy — from a war against science to anti-gay fervor and pro-gun policies that stop just short of mandating that everyone must be armed to better end violence in our society.

It’s bizarre, and so is the fact that the news media are just about oblivious to such trends — for a longtime ignoring the Iowa GOP platforms as irrelevant, while compromise and common sense are the real irrelevancies in today’s Iowa GOP.

Perhaps in time, the Iowa caucuses as currently configured will become irrelevant, too. One can only hope because, after all, “…no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

I read that somewhere.

Saturday, May 23, 2015

Gilbert Cranberg: UNSPEAKABLE SENTENCES

Federal District Court Judge Jed S. Rakoff (Southern District of New York) recently singled out Iowa Federal Judge Mark Bennett for praise calling him “a brave federal district court judge”. Bennett is one of the few federal judges to speak out against the unspeakable use of mandatory minimum penalties even for first time offenders of minor crimes.

Lives are thoughtlessly ruined by long prison terms. Judge Rakoff is critical of the federal judiciary for not speaking forcefully about this outrage. When he singled out Mark Bennett he listed him among several courageous federal district court judges: Paul Friedman of the District of Columbia and Michael Ponsor of Massachusettes. Judges can be convinced beyond doubt that justice would be better served by probation or a short term of incarceration but their hands are tied by laws that mandate imprisonment. Judges know firsthand the manifest injustice of this policy but all too often carry it out in silence. Mark Bennett and the other members of the judiciary who speak up about it are to be commended beyond measure.

Among other things, mandatory minimums are thought to exacerbate racial disparities in the criminal justice system. Judge Rakoff's praise for judges who speak up is welcome but that in itself is a half-measure. No candidate for the bench should be considered qualified without evidence of a demonstrated commitment to equal justice.

That means at the bare minimum that no judge can tolerate the use of mandatory minimum sentences.

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.