The Truth Is!: Gilbert Cranberg: SHIELD LAW A TWO-EDGED SWORD

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

Sunday, May 26, 2013

Gilbert Cranberg: SHIELD LAW A TWO-EDGED SWORD

The issue of a federal shield law is back on the front burner in light of the government’s surveillance of the Associated Press. News organizations are hot under the collar about the effort to get to the bottom of news leaks by surreptitiously spying on AP reporters and editors. President Obama gave a boost to chances for federal shield legislation when he asserted May 23 the need to “pass a media shield law to guard against government overreach.”

Some 40 states and the District of Columbia have such laws, but they are no protection when the federal government is the overreacher. I know first-hand the value of media shield legislation. A few years ago I fought a pitched battle with local Iowa officials over a money-losing horse track they insisted on subsidizing with tax funds. When I disparaged them and their plans in articles I wrote they retaliated with a subpoena demanding to know my sources. I would have gone to jail rather than reveal them, but the Iowa Shield Law squelched the inquiry.

Naturally, I’m a fan of shield laws, but I have to admit they are problematic. The Iowa officials in my dispute with them fought to keep me from invoking the state’s shield law by arguing to the court that while I was once a journalist, my retirement from the Des Moines Register ended my status as a journalist. The presiding judge read many of the articles I had written post-retirement and declared me to be a journalist covered by the Iowa shield law.

I was thrilled to be one of a very few court-certified journalists, but also troubled by it. We do not have government licensing of the press in this country nor government certification of journalists. Both would be clearly incompatible with the First Amendment. But shield laws inevitably require identification of the protected persons. That means lawmakers deciding who is a journalist.

Congress will find itself enmeshed in this issue as the federal shield proposal works its way through the legislative process. It will be interesting to see how the nation’s media lawyers reconcile their support for the First Amendment with what looks uncomfortably like a form of government certification of the press.

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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.