Kent Pitman

Kent Pitman
Location
New England, USA
Title
Philosopher, Technologist, Writer
Bio
I've been using the net in various roles—technical, social, and political—for the last 30 years. I'm disappointed that most forums don't pay for good writing and I'm ever in search of forums that do. (I've not seen any Tippem money, that's for sure.) And I worry some that our posting here for free could one day put paid writers in Closed Salon out of work. See my personal home page for more about me.

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NOVEMBER 7, 2010 10:46AM

MSNBC Ethical Theatre 2010

Rate: 14 Flag

In the making of good theatre, it's common to rely heavily on “willful suspension of disbelief,” the practice of the audience to know that what is on stage is false and yet to will themselves to suspend their own disbelief for the sake of the story.

MSNBC seemed on Friday to be exercising a bizarro variant of this concept, which I'll call “willful suspension of belief.” It did this for the sake of a story it wanted to tell. But I don't think it was a good story, nor do I think it was a good idea to tell it. In this article, I'll explain why.

Setting the Stage

Before I go into what's troubling me here, let's set the stage with what I understand to be the basic facts:

Politico reported Friday that Olbermann had donated $2,400 each to Reps. Raul Grijalva and Gabrielle Giffords of Arizona, and to Kentucky Senate contender Jack Conway. While NBC News policy does not prohibit employees from donating to political candidates, it requires them to obtain prior approval from NBC News executives before doing so.

In a statement earlier Friday, Olbermann defended his donation, saying, "I did not privately or publicly encourage anyone else to donate to these campaigns nor to any others in this election or any previous ones, nor have I previously donated to any political campaign at any level."

The Huffington Post (November 5, 2010)

There are a number of points to make here , so I'll just dive right in:

Frantically Asked Questions

Was there a violation of ethics? No. Olbermann's contributions appear to have been entirely legal and proper. The “offense” was making them without his employer's permission. That's not a breach of ethics. That's the exercise of employer paternalism. I don't know about you, but I don't see that as a firing offense. Sure, it's a violation of rules, but if there were a rule that said no running in the hallway and Keith had run, that would have been a violation, too. The rule violated was little more than that. He forgot to say “Mother, May I?” So he was sent back to where he came from.

Was there the possibility that this would color people's judgment of MSNBC's objectivity? It seems unlikely. Big players like Olbermann and Maddow on MSNBC quite obviously and transparently have a point of view. They prefer a progressive agenda. I doubt there's anyone who can have failed to notice this, and so there cannot be anyone whose mind is changed by this. Hence any suggestion they might make about “keeping up appearances” is just nonsense. The appearance both before this revelation and afterward is the same.

What about transparency? Shouldn't all donations be transparent? I guess it depends on who you ask. Questions of should are subjective judgments we each make, so all I can do is answer for myself and tell you that I don't think so. In a post yesterday titled On the Privacy of Political Contributions, I explained in detail why I think personal donations by human beings should be private and why I think corporate donations should be public.

But $2,400 is a lot of money, isn't it? Keith Olbermann might be a powerful guy, but he's still bound by the same personal contribution rules that you or I is. He could afford more, and if it were legal, he might have given more. But he gave the amount the law allows. It may seem like a lot, but it's dwarfed by the one million dollars given by News Corporation (the Rupert Murdoch company that owns Fox News) to the Republican Governors Association, an organization whose mission is to assist in the election and re-election of Republican governors nationwide. Olbermann is nowhere close to controlling any elections outcomes by the mere fact of his donation, which is why I argued in my article yesterday that disclosure ought not be needed.

Okay, you say, but he is a journalist. Doesn't that somehow matter? Maybe they should be held to higher standards? I don't think so. He's already held to the high standard of making only individual contributions. Disclosing the fact doesn't prove he's ethical. If I tell you I donated $50 to some politician, does that prove I didn't also donate some other amount I'm not telling you about? If you suspect him of wrongdoing, you still have to investigate. And if you don't suspect him, why are you making him jump through hoops? As long as his contributions are not out of line, his privacy still matters as much as anyone else's. We can't make the price of journalism be the loss of human rights.

But money corrupts, right? Don't we have to be careful? Sure. But we already were. That's why the ceiling on donations is set so low. Small amounts of money mostly don't corrupt. And there will be many of them, so they'll just be lost in a sea of contributions, making sure no individual's voice outshouts another's. $2,400 may be a lot of money to you or me, but to a politician who has to collect millions in order to run for office, any one contribution doesn't give the person making it a stranglehold on the politician. And, anyway, the directionality is wrong. I'd worry more if Olbermann were receiving a benefit. It's harder to be corrupted by money you give than by money you receive.

Well, he could still get drunk with power at being able to give out money, right? Again I'll go back to the amount. It's too small. The notion that Olbermann will find himself drunk with power by the effect of giving a candidate a couple thousand dollars seems far-fetched. I'm imagining a phone call where he asks, “Hey, Senator. I know you were going to vote to strike down ‘Obamacare,’ but perhaps you remember I donated $2,400 to your campaign last year. Maybe you'd reconsider—just for me?” I'm then imagine gales of laughter. No, I don't see the risk.

But what about the public's need to know? The public doesn't have a need to know in this case. The amount of money that human people are allowed to contribute is too small for it to matter. The right phrase here is not “need to know” but rather “insatiable thirst for mindless gossip.”

Still, he didn't tell his employer. That's a lie of omission, right? Can we really trust someone like that? You might construe that he lied. But it wasn't a lie. And even if it were, I'd regard it as a “white lie,” that is, an “ethical lie.” As I argued in my post yesterday, it's information that it ought to be illegal for any employer to ask for. It reminds me of “Don't ask, don't tell,” where people are put in the position of lying to avoid answering a question that they should never be asked. And so it's no small irony that Keith, who has been one of the outspoken champions of one's right to have a private life that was no one's business because it hurt no one, should trip over his employer's desire to do the same thing to him. His act was a private act. No one should be asking and he should not be told he should must answer. Don't ask, don't tell.

Still, he entered into his contract voluntarily. And he was well-compensated for it. I absolutely don't think the money he's paid is relevant. If an employer is allowed the right to control donations, an employer can game the election system. That must not happen. And, importantly, it sets a very bad precedent. What's to say you or I would not be next? Suppose you worked for a multi-national company but wanted to contribute to a candidate who favored more protectionist policies and found you had signed a contract saying you'd get your employer's approval before donating? What if you wanted to support a candidate who favored unions, but your employer didn't approve it? It's issues like these which show why this must not allowed to happen.

But he didn't keep it private. Politico found out. Of course. To make a campaign donation at all, one must disclose certain personal information. But that information is not intended to “out” oneself to one's employer. Rather, it's to allow the candidate to be audited to make sure money is coming from legitimate sources. It's true that Politico was able to find it. However, there is lots of information a nosey reporter can find that I think has no business being made public. What if they found video from a security camera that could see how he voted in an election? Would they feel it appropriate to print that? I think that's not appropriate either. Even a public figure is entitled to private acts. Voting is a private act.

But what about disclaimers? What if he had those people he'd donated to appear on his show? Surely then he should tell us. I also don't even want a disclosure in that case. It's not the same as a media company disclosing that a guest on their show received a large donation from them, perhaps bigger than humans are allowed. In the case of a big donation, bigger than humans are allowed, disclosure is important. But if the amount was within the modest bounds dictated by law, there's simply no reason to mention it at all. No guest is coming onto Keith's show simply because they got a $2,400 donation. It's too little. They are probably appearing because they get free national TV coverage. That's worth a lot, and being on the show is perhaps a donation of a sort, but that's true whether or not Keith gave them money. And anyway, it's really Keith's employer, MSNBC, that is paying for that gift of air time. It seems unfair that they don't have to ask permission for their much bigger public gift, but he does for his small private one.

But what about Juan Williams? Didn't he have a similar situation and weren't people all over him? Actually, some people defended him for reasons very similar to what I've cited here. After all, broadly construed, his remarks were political, and some have said his firing amounts to a censoring of his political position. I wasn't swayed by that claim, but I do acknowledge the concern as legitimate and the question as complex. Certainly we must never summarily dismiss concerns about the chilling of free speech.

Aha! Now we're finally getting somewhere. So you're saying Juan Williams shouldn't have lost his job? After considerable thought, I think the Williams firing was reasonable. It was based on a public act made in a professional setting, and its impact was forseeably something that might matter to NPR. It's more akin to Ronald McDonald appearing on camera and saying how much he was enjoying his meal at Burger King or endorsing a particular politician. That's not the same as the guy who plays Ronald McDonald perhaps being called out for having giving a donation privately to a political candidate who opposes funding for children's hospitals. Appearing on camera is a public act, making a campaign donation is not. Keith's error (if it even was one) was to privately exercise what should be the right of any citizen, and he did so in a manner utterly consistent with his public message. Williams' error (and I allege it was one) was to do something that was an aspect of his paid, public persona but was in contradiction of policy of one of the two competing employers that he had. Just even having a job at both places seemed to me to be an error for which he should have expected eventual repercussions. I would not have advised him to do that.

Didn't Rachel Maddow say on Friday after Keith's suspension that this was all good and proper, that it showed that MSNBC had rules and standards when Fox News doesn't? I think MSNBC does have better rules and standards than Fox, but I'm not sure this is the best example. Sure, there is adherence to rules, but stupid ones. This shows mostly that MSNBC is as capable of pointless bureaucracy as anyone else. And this wasn't about their adherence to ethics rules, this was about adherence to some stupid rule about a parent's permission to exercise one's ordinary rights to participate in a democracy. By leaning on how reasonable their own practices are, they open the gateway for other organizations to do the same with their employees—people who perhaps can't survive on suspension without pay. People who can be intimidated into funding or not funding the campaigns their employer wants them to.

Hey, was there more to say about “willful suspension of belief?” Ah, yes. Thanks for reminding me. By the way, you've been a great interviewer, but I'll take it from here.

Sure go for it. And as for the great interview, what can I say? To quote Christine O'Donnell somewhat out of context, “I'm you.

Summary

It seems to me this at this point just a piece of theatre calculated by MSNBC management to give the appearance of high ethical standards, when really it's not about that at all. I said above that I thought MSNBC was engaging in “willful suspension of belief” for the sake of a story. The “belief” that was suspended was in their anchor, Keith Olbermann, a man who appears to have done nothing wrong and who they should be backing 100%. The “story” I was referring to, the one for which they did all this, was this narrative that this incident is about journalistic ethics—about how theirs are better than the people at Fox News.

In fact, I think MSNBC does have better ethics than Fox News does. I just think this incident is not showing that. Fortunately for Keith, the script for this story probably calls for him to come back in a couple of days “by popular demand.” And then the curtain will be drawn, leaving everyone to live happily ever after—except that if the situation ever occurs again, a bad precedent will have been set.

We need to fix that bad precedent now before it grows out of control and strikes one of us because if such overstepping by an employer ever happens to someone like you or me in the future, we probably won't have 200,000 people eagerly lining up to sign petitions to get us back.


If you got value from this post, please "rate" it.

You may wish to see also this related post:
On the Privacy of Political Campaign Contributions


Disclaimer

I gave money to various candidates during this last election. I assert that this is none of anyone's business. I did have to do some identity disclosure when I did the donations, so I guess it could be figured out. The information would be stunningly boring. Still, my point is that I don't think it's proper even to try to dig up such information.

Afterthought

By the way, please allow me to express my profound irritation with news sites that simply replace important stories with updates rather than linking to those updates and allowing critical historical data to remain intact. I tried to find the story that Politico ran, but search engines kept taking me to an updated story with no hyperlink to the original. This makes it very hard for someone concerned with getting best references to really do so. I'm all for doing quiet updates to fix typos and wording errors that are not of material consequence. I do that sometimes myself. But when there is something new to say, I prefer to see a new article or at minimum visible markup to let the reader know what has changed.

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I realize fully he did something wrong.. BUT.. is there a ploy for ratings here also?
Rated with hugs
Yeah, I wondered that as well. I actually imagine their ratings are fine, though, so that seems unlikely to me. Fox News viewers aren't going to switch. Non-viewers won't miss him or have any outrage. And regular viewers may give up and go away. So it seems like a bad strategy if that's what it is. But it did probably get lots of press. Maybe Rachel secretly engineered it to get Keith's viewers to take refuge in her show. :)
Had to have two cups of coffee to read all of this! Excellent. thanks


STOP THE ADVANCE OF THE 451S
Elijah, sorry it ran long. That's why I broke some of it out to a separate post yesterday. I'm glad you felt it worthwhile after all that coffee.
there's good reason to believe that MSNBC President Phil Griffin has been looking for a convenient excuse to dump Olbermann for a while (in a 2008 New Yorker interview Olbermann said "Phil thinks he's my boss"), and this minor rule violation gave him the edge he needed to fire the network's highest-rated personality

not unlike the Juan Williams incident where NPR, which takes its journalism seriously, had long been uncomfortable with his moonlighting on a phony news network, but needed a plausible justification to let him go

btw, great job in your extended interview/analysis, thorough, well-reasoned, clearly expressed, up to your usual high standard
Roy, thanks for the kind words about the “interview.” I hope you're wrong about Keith's boss, or that he learns something from the petition.

An issue I didn't drag in just because it was running long was the Freedom to Hear. I find the thought exercise of contemplating this formulation to be useful. It may be easy for Griffin to perceive his own action in the light of him having is right to speak taken away, but it's more subtle to say that 200,000 people had their right to hear him taken away. Not that we're really talking Rights in the formal sense here. But even so...
I view the whole thing pretty cynically. MSNBC was shocked, shocked! That someone like Keith Olbermann would support liberal progs, and he as a supposed lefty spokesman. And of course, MSNBC didn't have a problem when Joe Scarborough made a personal donation to a big R group in 2006. And NBC had on a whole slew of Pentagon whores disguised as military consultants on run-ups to various wars benefiting GE defense contracts.

And so, we shall see MSNBC management "cave in" to popular pressure and reinstate Keith after the masses make their displeasure known. Proof that democracy works! Right?

Why is it so quiet here?
Lefty, I'm not so sure it's democracy that would be working in that case, but I'll likely be content with whatever excuse they use to save face. It'd be better if they owned up to the error of this nonsense but first order of business is to get him back on the air, whether at MSNBC or elsewhere.
Well, it gets better and better - that is, more and more cynical. Supposedly he wasn't suspended for making the contribution, but because he won't apologize for making the contribution on air. This actually sounds more like personality conflict, not ethical conflict. Phil Griffin's power play.
I enjoyed the thoughtful discussion between you and you, Kent. And I agree -- this is theater more than anything. NBC is paying lip-service to a rule that makes no sense except as a way to show on paper its different from Fox, but they don't have to. They show their difference nightly and daily, on the air, which is the place where we should be most concerned about how their hosts conduct themselves.
A well-reasoned examination of a tempest in a teapot -- except it isn't a tempest in a teapot -- this case strikes at one of our fundamental freedoms -- free speech. I have that on no less an authority than the Roberts Court which ruled in Citizens United that even inanimate legal documents have these rights, that is to say corporate charters. In essence, the Court ruled that money was speech and could not be abridged.

While I profoundly disagree with that decision, it is the law of the land, and neither the Court nor MSNBC should be able to have it both ways. It seems clear to me Olbermann has a case that could end up before the Court. But don't count on *stare decisis* to force the Court to hold in Olbermann's favor, because this court operates on The Other Golden Rule -- them that's got the gold rules.
And as I said before, the campaign contributions flap is merely a red herring for what's going on behind the scenes. I suspect this sordid affair has much more to do with the Comcast/GE merger -- and one day, when it's much too late to do anything about it, some reporter will get at that truth. Say Matt Taibbi, isn't this right up your alley?
I think the KO suspension started w/stewart rally, then K took off Worst in response to Stewart's blast, then gone
Ardee, the discussion does seem to be leaning that way as this other smokescreen is stripped out of the way.

Saturn, the thing that's bugging me is that it's more than just paying lip-service to a rule. The rule is not itself an ethics rule. It is a rule that toys with behavior that is itself in the ethical realm, but its relation to ethics is like saying that some government regulation on paper quality or size is a rule about legislation because laws are printed on paper. The idea that he can or cannot make a donation is clearly not a matter of ethics. Why do I say this? It's discretionary by the manager with no responsibility to make a decision that is transparent or even-handed and with no justification as to why management even has the power and with no auditing as to what the implications of a management decision is.

Tom, yeah, my purpose wasn't really to say that most of the things I was raising were relevant, but rather just to sift through infinite little details that might be but actually are not the reason. With all that junk out of the way the only theory standing is this petty feud. If someone has a point of substance to raise, I've not seen it. And maybe it will get to the Courts though I hope if it does it's as a mundane issue of employment law or else an issue of fundamental electoral freedom but not something wishy-washy like how ethics is judged. As I argued to Saturn above and in the article itself, this just isn't an ethics issue (except for what MSNBC is doing, which I regard as the ethics issue).

IAH, I'm open to believing that situation is linked, but why would they stage his exit. Are you saying that he already thought he had bent a long ways just giving that up and now they were asking him (as others have suggested) to jump through more hoops? Who knows what's actually true, just trying to get the details of your theory clear here.
Exactly, wanted him to jump thru more hoops....maybe he balked and love Matthews but why double time for him
And speaking of Stewart rally.....that was wasted effort, they had over 20o thou and rally was like 60's love in...why didn't Stewart really call for a get out the vote to all those young people ....instead of Love Train ...bet half the people there didn't even know song
IAH, I was thinking the same thing after the fact. There was serious opportunity cost—money that could have been spent on phone calls to people to get out the vote. It was very selfish to do a rally for really no purpose. A great idea after the election, but the reasons the Republicans win time and time again is that they know that anger is what drives people to the polls. So it's like Stewart was saying “let's tone down people's will.” I've made similar comments in my appropriately named article Recycling Theater, where I said: “Perhaps we should make it illegal to have places at which people can individually drive to drop off their recycling. ... ” The article explains why (I think) I'm not just nuts for making such a suggestion, but there's an analogy to be made to this rally of Stewart's.

Personally, I think it's a good thing for Keith to mix it up and I'm happy to see Worst Person in the World go away just because I think it was kind of tired and he needs something new. I see now in retrospect why he was hinting it might come back, though.
Well, the real problem that exists is that moneyed interests rule. How can one person require that another ask permission to donate to anything? Employers are given far too much power, especially major corporations. This should simply be illegal on the part of MSNBC - a violation of Olbermann's rights as a citizen.

But politicians reap benefits from allowing this sort of thing to be legal and the system disallows any decision-making power to you and me. Change the system and issues like this can begin to be addressed meaningfully.
Rick, the sad part is that MSNBC is behaving like this keeps them ethical. Meanwhile, the biggest game in town is to push the edge of some rule, see if you can get away with it, and then when you can, roll in with industrial strength tools to use the newly debugged tool to amass sudden bursts of power. Here MSNBC is debugging a technique that, if unchallenged, will be used by the very people MSNBC is hoping to be a defense against. So their alleged (and somewhat bumbling) attempt at ethics is going to backfire. They are sort of unwitting pawns in this, I think, only because the people they are being pawns of will only appear later after the precedent is set. They're letting themselves be distracted by petty internal power politics. For a news organization charged informally by the public with knowing what to comment on every day, they're scarily out of touch on this one.
I'm not sure it is MSNBC that's out of touch on this. MSNBC is, afterall, a child of corporate America and they are simply playing the game by the current rules. I think those who are truly out of touch are those who thing they will change things by changing nothing in the system that regulates things.
Rick, I don't disagree with your basic premise but I don't see where you're going when you talk about lack of change. The Constitution is designed to resist change. It needs massive consensus to change things there. Even passing a law right now is hard. So what are you suggesting anyone can do?
I can see where a news department would have that rule, as we wouldn't want to think Katie Couric was "biased," even if people did watch her. Yes, I know...she's CBS...

KO isn't a news guy, but the rule was in the contact. I think making a legal case of his rights being violated would fail, as it can be seen as reasonable to preserve the image of impartiality. That wouldn't apply to most companies, though.
I don't think KO would want legal action, and that the suspension was preceded by a basic agreement between the parties of how long it would last...and what kind of ratings bump it would generate upon return.
Paul, that there's an urge to make such a rule does not confuse me. But that it stands up to a moment's thought does. Would we tell our news people they can't vote, just to keep them pure? Our society is designed around the idea not of people being paragons of neutrality but of people being themselves. We establish checks and balances, not prior restraint. But most of all, we don't ask people to be other than people.

This, incidentally, is what bugs me most about the notion that the Supreme Court should be inhabited by robots who exercise no judgment. See my post Toward a Fair and Balanced Supreme Court from last year for more details.
Kent,

The perspective underlying my comment is that real change is virtually a lost cause. In general terms, there is not enough public support for the changes that need to take place. A third party candidate that could muster a real threat to the two-party system would be a nice start, but the public is too locked into the mindset that the two-party system is working for us and that we can’t afford to support something new.

A serious public demand to remove money from the electoral system would also be a good start, but doing that would require having DIFFERENT representative in Congress who are willing to give up the power they currently hold, and that seems quite unlikely to happen in our lifetimes, something that has been solidly demonstrated in recent years as campaign finance legislation has been a total failure.

The idea that the Constitution is designed to resist change seems a strange argument in view of the many changes that have occurred in our history. The problem isn’t that; it is that there is not enough impetus to make the needed changes. But beyond that is the fact that legislation that could implement the needed changes need not change the Constitution, just the laws governing the electoral process. Again, though, there is no real impetus for doing that. The electorate is too fractured and distracted to even come together on such issues, and so alleviating the corruption is effectively out of reach. It is a perspective steeped in pessimism, I know, but I find no convincing arguments anywhere I look to refute my perspective.
I figured I should note that word from several sources Sunday evening is that Keith is to be reinstated. CNN says: "After several days of deliberation and discussion, I have determined that suspending Keith through and including Monday night's program is an appropriate punishment for his violation of our policy. We look forward to having him back on the air Tuesday night," Phil Griffin, president of MSNBC said in a statement.
Excellent analysis, my friend Kent!!! I've been burning the ends of the candles and when I can watch MSNBC, I've been distracted and left wondering, "WHA????" after they jibber jabber about this story and I look up.

NOW I see what's up, and I'm thankful for this piece - (HuffPo would run it if you submit it, I'm sure.) It seems mostly ridiculous - I hate it when company policy curtails your rights - he has a right as an individual citizen to make a $2,400 contribution. It's public enough to find if you look. He's not secretly funding terrorists. HOW DARE THEY!? (Now I feel my own blog coming on!!) It seems to me that because Faux Snooze buttresses the GOPLETS - MSNBC is trying to show that they are EXTRA saintly and pure in this regard, but as I recall something Keith recently had a lot to say about false comparisons - and here is one!

I like Keith's mind and even his sarcasm, though I'm not fond of sarcasm - it's crass - but I wish he'd scrub out some of the childish voice imitations and other immature elements of his show. He could waste my time a bit more wisely! :)

Thanks for the overview, Kent - nice faceting!
I have a different take on his responsibility to his employer. He signed the contract, for which he makes big bucks. They require no donations. He didn't challenge, he signed. Even if his point of view is well known, he has the opportunity to create a sense of favoritism for the candidates he favors, which in my mind tempers the conclusions he might draw and leaves him open to accusations of being in someone's pocket. That hurts the credibility of MSNBC. He's a free agent, probably represented by an agent and an attorney in his dealings with the network. So it's not like they can exploit him. I suppose, from my point of view, the potential problem, as they say within the beltway, would that of "optics."

Either way, good post. R.
Travellini, thanks for the encouraging words.

Steve, they cannot force him to say which candidates he favors. If they could force a person not to donate, all they succeed in doing is stopping the cash flow, not keeping him from favoring someone. But I've said it before and I'll keep saying it: It sets a bad precedent, and bad precedents are always best set by picking a case where you'll think it can't hurt. You're justifying it by how much he makes, but the same rules could apply to us. Or below which salary are the rules different? If I work for a company that wants to enter foreign markets and I want to donate money, maybe my company would say it gets to decide who I donate to, to avoid me working against their interests. No. They might even always say “yes” but secretly make a note to fire me later for unrelated reasons. There are so many ways it can be abused. They must not be allowed the power. This is not a small matter, and your saying “well, he can protect himself” neglects that most people can't. It's like arguing that copyright is bad because Microsoft or somebody did something bad with it once, when really what copyright protects is the little guy. It's too easy and fun to focus on the big cases, but they're quite rare. It's the case of McDonald's or Wal-Mart trying to influence elections by telling employees the right people to vote for.