Political pondering, 3 weeks before Election Day

The “game” of politics is no fun anymore. Discussing anything having to do with it used to be educating and entertaining, and sometimes enlightening, among friends and on social media. Not anymore. These days, it’s all for the kill.

Saturday, NBC Nightly News showed skirmishes in New York and Portland, Oregon. As correspondent Matt Bradley put it,

“America’s political conversation is forgetting to use its inside voices.”

It included soundbites from former Attorney General Eric Holder (D, more here)…

and Pennsylvania gubernatorial candidate Scott Wagner (R, more here).

And this is Wagner responding to his comments without apologizing (“I shouldn’t have said what I said”) for what he said above.

Not even President Donald Trump is immune. PolitiFact gave White House spokesperson Sarah Huckabee Sanders a “false” for her June 29, 2017, claim,

“The president in no way, form or fashion has ever promoted or encouraged violence.”

(Video and subject matter will start at 35:15 in. Then, there are follow-up questions and Sanders actually says her quote at 38:21 in.)

Twice recently, Facebook friends who don’t even know each other have gotten into personal put-downs over issues in articles I posted.

Those experiences were new to me. I felt hurt and regret they happened among friends. Both happened earlier this month.

One of the combatants when I expressed disappointment over Nikki Haley’s resignation as United Nations ambassador had fighting words, but never really made a point. Later, after a lot of back-and-forth with another friend, he removed his comments.

nikki haley fb post
The article is at https://www.axios.com/donald-trump-nikki-haley-resignation-d25b64a9-264e-483a-a79b-ae8a48e367db.html, as if anyone commenting read it!

I think Nikki Haley was our best ambassador at the United Nations since perhaps Jeane Kirkpatrick and Daniel Patrick Moynihan. Sadly, that’s going back.

Not everyone agrees with me, but at least one was able to make his point with facts, rather than name-calling.

For example, this is what Philadelphia Gay News publisher Mark Segal – no fan of Haley’s – wrote in his column, last week. (I underlined my favorite part and emailed to thank him for it as soon as I read it, especially considering his audience.)

2018-10-11 mark segal mark my words
http://www.epgn.com/opinion/mark-my-words/13870-don-t-cry-for-us-nikki-haley

So disagreeing peacefully – whether with words or in person – can be done, and a prominent activist proved it.

The upcoming midterms are, of course, “the most important election in our lifetime.” Ever heard that before? Kind of like “the storm of the century.” Not to be believed until it actually happens.

All 435 seats in the House of Representatives will be up for grabs, and so will more than a third of the Senate.

Wouldn’t it be nice if everyone voted, the better or best candidate (depending on the number running) wins, and all will be satisfied they had their say?

But unfortunately, it’s more than that.

Of course, it’s which of the parties gets (or keeps) the majority in the House and the Senate that really matters, and those damn parties – and their “machines” – just won’t shut the hell up among their members or in TV commercials.

Neither will others who campaign for politicians outside of where they live. Some are current politicians hoping to score points for advancement; former politicians hoping to stay relevant, or make money by selling books or giving speeches; and groups like political action committees, corporations, labor unions, and other associations allowed by the U.S. Supreme Court to give unlimited money to campaigns in 2010’s Citizens United v. Federal Election Commission case, lest their free speech right guaranteed by the First Amendment be compromised (as if they’re people).

A few days earlier on Facebook, I’d shown my disappointment that two senators worthy of respect felt the need to rally with a woman (Linda Sarsour) who comes as close to being the devil as any American.

Linda Sarsour fb post
This article is at https://freebeacon.com/politics/warren-gillibrand-speak-at-rally-hosted-by-anti-israel-activists/.

SIDEBAR: Here is another disturbing example.

Look Sarsour up. Research using sources you trust and believe. I’ll have a lot more to say in another post when I have more time, but leave you with these characteristics for now:

Her divisiveness.

Far from the mainstream.

Supporting and spreading lies.

Out of touch and seeking publicity when so many more people are being tortured, and infants killed, in so many other places. Think Syria. Think Iraq. Muslim vs. Muslim.

middle east
Israel is surrounded by dozens of Arab and Muslim countries. The circle includes Judea and Samaria (“The West Bank”), and the Gaza Strip.

And making sure the world knows you’re Brooklyn-born but aligned with a group of people who can’t make peace among each other, can’t make peace with other Arabs, can’t make peace with other Muslims, and turned down every attempt by Israel to make peace. Ask most American presidents who’s responsible for the problem between the parties in the region (especially President Bill Clinton) and they’ll tell you it has been and still to this day is Palestinians who support killings and pay terrorists, and who refuse to admit Israel is the world’s one Jewish country.

 

Every one of those tweets you saw above used Sarsour’s own words. None were complete retweets. And did you know she’s on the board of the Women’s March? Most of us are in favor of equality for all. It’s a goal, but we should not be supporting this organization with money, feet, or anything else. You have to know what they’re really about.

I was working the day of the 2017 Women’s March in Washington, after President Trump’s inauguration, and it disgusted me watching how Sarsour got up in front of the crowd and talked about the Middle East! I know that’s not what so many people came from so far to hear, so I urge you to be careful with who you support. Click here to see who’s in charge of that fringe group that’s trying to fit in. Don’t let it. Instead, speak up, vote and organize without having to answer for them.

FINALLY, BACK TO THE STORY: All but one person who put up an emoji or commented on my Facebook post about those senators making the mistake of being in the wrong place with the wrong people agreed with me. I was pleasantly surprised by very liberal friends who were among them! But one, a retired public defender, did not. I took down four of the more personal posts between her and someone who disagreed with her, and am not showing any comments from either Facebook post here. I hope both sides eventually thought about what the other said, like old times.

Speaking of old times, it used to be, being in the middle – an independent thinker not automatically taking sides – was a good thing. In news, we figured if we left both sides angry, we did our job fairly and kept both from abusing power.

Not anymore. It seems more and more Americans are blindly endorsing the extremes of one side or the other (which may or may not be true), and their targets are moderates who don’t agree with them 100 percent, and of course journalists.

That’s making more and more independent thinkers frustrated and shoots down some old sayings like,

“If you are not a liberal at 25, you have no heart. If you are not a conservative at 35 you have no brain.”

And sociographer Milton Himmelfarb’s,

“Jews earn like Episcopalians, and vote like Puerto Ricans.”

Not being a stereotype like in previous generations can be a good thing. In this day and age, it should keep those on the extremes from saying things that are too controversial. We just have to let them know.

Please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. Don’t rely on social media with its hacking issues and censoring like this, this and this. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

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The case against us all paying for private schools

Several times a year, before elections, a man in Florida emails me about who to support in elections down there. The goal is to receive money (Isn’t that everyone’s?) for private schools. In this case, it’s Jewish religious schools. And that’s despite public schools being free for everyone – Jews too – and paid for with everybody’s tax dollars.

So don’t tell me there’s no alternative when public schools are required to bend over backwards to meet all students’ needs.

school student AThe first time I got the email, I wrote back, asking the nephrologist (a doctor specializing in the diagnosis and treatment of kidney diseases) how he got my name and my email address. He was very polite and offered to take me off. I said it wasn’t necessary. I really wanted to read what he had to say. Information is power and I was a teacher for eight years, spending several lousy months at a Conservative Jewish day school.

The private school was the worst of my experiences and probably the least educational of the three schools where I taught, including public schools in two Florida counties.

Most of the parents whose children I taught at the religious school wanted special programs, and they wanted their children in those programs with people of the same culture. There’s absolutely no question in my mind.

I briefly compared the different teaching experiences when I wrote about why I left the field in general, on the eve of my Florida certification expiring in late June.

hochberg

 

religionsSo the problem I had, personally, was “class” and not religion. I actually liked listening to the religious lessons, from attending the second grade morning prayer service daily, to sitting in on the religious classes in my classroom, while planning and grading papers. I didn’t have to, but I know the religious teachers appreciated it, since my presence helped the children’s behavior.

Yes, many students had behavior issues, just like at any other school. The only differences I noticed were race and their families’ wealth.

From what I saw, the parents paid tuition in the five-figures and knew they could get away with anything. There’s a true saying that children learn in three ways: by “example, example, example.” In other words, they watched their parents (children notice more than many adults believe) and were raised to feel entitled.

Keep in mind, I’m writing about one school. It was a Conservative Jewish one, and Conservative (with a capital C) meant that stream of Judaism was started to “conserve” religious practices, about 100 years ago, that the older Reform movement had given up. So Conservative doesn’t mean the opposite of liberal. It allowed egalitarian seating and the use of microphones (electricity).

In fact, these days, Conservative is pretty much considered liberal since Reform has been bringing back some tradition. It has become the most popular in America, taking Conservative congregants who want shorter services, musical instruments during services and intermarriage (usually as long as the couple promises to raise Jewish children). There’s also paternal lineage (Reform considers children with a Jewish father Jewish, as long as they’re raised Jewish), usually more English during services, and absolutely no questions about egalitarianism or same-sex couples getting married.

Of course, whatever a Jewish person’s thoughts are, they have to be comfortable with the specific synagogue they attend and that includes the clergy, other congregants and financial obligations. A school setting is similar.

Orthodox schools vary greatly, but most separate the boys and girls into different classes at some point. I don’t know whether religious schools or any private schools require teachers to be certified by different states, or whether they have to teach the state’s curriculum or administer standardized tests, but I’m pretty sure it varies.

Grown-ups whose parents had them attend some Hasidic schools are now angry and feeling hopeless, since they know Jewish law and are good at Yiddish, but illiterate in English! There is hardly any secular instruction. See recent articles here, here, here and here, one of which says a New York state senator refused to sign off on the state budget unless Hasidic schools in and around NYC

“were given more autonomy over curricula.”

That’s despite the article saying most of the students

“are doomed to a life of struggle and poverty.”

Of course, religious schools are free to teach anti-gay hate, or that men and women have different roles, or that evolution is science fiction. That’s the case and if you don’t believe me, look at Congress or too many state legislatures!

So this morning, I got this email with the subject line,

“The Future of the Florida Jewish Community Will Be Decided November 6,”

since we Jews are always scared of the worst possibility.

email

Keep in mind, there are plenty of issues with Andrew Gillum but they involve separate subjects. Ron DeSantis is far right-wing. I’ve told plenty of people I’m happy to not have to choose in the Florida governor’s race.

Ron DeSantis (R) and Andrew Gillum (D)

For U.S. Senate, he endorsed the current two-term governor who has his work cut out for him with Hurricane Michael, and will for awhile. How he performs may change some voters’ minds, but the Florida Democratic Party claimed Rick Scott “oversaw the largest Medicare fraud in the nation’s history” and PolitiFact Florida rated the claim Mostly True. Still, he was elected twice since then. Senate incumbent Bill Nelson is running for his fourth term. As for the Iran deal, which I was also totally against, I don’t think the reference was appropriate for endorsements on a single-issue. The author basically said so when he mentioned his group’s mission at the end.

Gov. Rick Scott (R) and Sen. Bill Nelson (D)

Right: A liquor store in Panama City Beach around landfall.

I don’t know enough about the state attorney general candidate but am glad the current one is finally stepping down, and I’m impressed the endorsed CFO candidate is a Democrat, simply because they rarely get this guy’s recommendations. Every good cause should have bipartisan support, as party majorities rotate from one to the other, and back. The only variables are how often, and how wide the margin is.

I had some questions and wrote back, specifically about tax money from the public going to rabbis.

i wrote

And as he did some years ago, he politely answered. I honestly can’t challenge him since seems to know the subject and how to explain it, having studied it for years.

his answer

I can’t say I agree with laundering public tax money so it goes towards religion. That’s different that paying a religious organization for doing secular work.

Jeb Bush's Facebook page
from Jeb Bush’s Facebook page

This is the land with the legacy of Jeb Bush, who accelerated the number and importance of standardized tests more than anyone could imagine. He and his friendly legislature also found ways to get millions of dollars for money for school choice. (Sounds great, doesn’t it?) Count the ways you can take advantage, here.

And then there are charter schools that are public – paid for with money taken from school districts and required to administer state tests – but run by outsiders, often companies, out to make money. And studies have gone back and forth whether they get better results than traditional public schools, despite being able to turn away students, pretty much at their will. (That’s as if test scores are the only surefire way to judge education.)

The man who emailed represents a group called Jewish Leadership Coalition and its Facebook page says it’s “a non-for-profit 501(c)(4) Social Welfare Organization comprised of various Jewish leaders and organizations that have joined together to advocate for greater public funding for secular education in Jewish day schools.”fb jewish coalition

It gives a website that doesn’t seem to work, and doesn’t come up in searches, but this 2013 article announced that it started and who would benefit from the money.

ou jlc
https://www.ou.org/news/jewish_leadership_coalition/

The families whose children go to these schools tend to have more kids than the average American family, and they eat only kosher food. The costs add up. So do the number of students!

Other states with large Jewish populations have groups similar to the one above. This website helps parents in six states get government money to pay tuition that public schools don’t charge.

teach advocacy
https://teachadvocacy.org/

I understand parents with strong religious beliefs want their children brought up in their faith and to have extensive knowledge of it. That’s very difficult in a 24-hour day, where students receive a well-rounded education so they can become professionals who can contribute to society.

clock school

Outside of school these days, “free time” seems to be the “in” thing. Competing with that are all the extracurricular activities parents sign their children up to do, even at the school where I taught. It was a way to make money. Perhaps some of that has to go. Nobody can have it all.

money dollars

The rich make teacher unions look like the boogeyman, as you saw in the response to me, as if all they do is take money. Unions don’t want to protect bad teachers. (I’ve been a shop steward, but it wasn’t my idea.) They want good teachers and to see that those good teachers get the protections like a fair contract and the due process they deserve – to avoid being taken advantage of by bad administrators, not to mention parents who think they know more about education than the supposed experts.

In May, a religious friend conducted this Facebook poll:

Facebook poll

I think the principal was out of line and probably ruined his relationship with this “special needs” student, which may have been hard to build and would probably be harder to rebuild.

I responded.

Facebook response

The man who simply said “They listen to their parents” has a wife who is Director of Special Programs at – you guessed it – a (different) Jewish day school!

It’s natural in every financial transaction that the buyer wants to pay less, while the business (or school) wants more. There has to be a fair solution.

And for years, I’ve had what I consider the perfect solution.

I think public school teachers hired by the district should go to the private schools and teach English, math, science and social studies. Perhaps also electives like physical education, music and art. That would be half the day, and it would be paid for the same way public schools pay for educators and materials. Any tuition crisis would be instantly alleviated!

In my solution, the religious side could teach its material during the other half of the day. So half the school would study religion, and the other half would do secular studies, and then they’d switch!

half

What about religious holidays, like half the month of September and the entire eight days of Passover? The schedule could be adjusted. The public school teachers would volunteer to teach at these schools, especially those who take off for all the holidays anyway. It would be a blessing for the religious school parents to have their children in school while they prepare for the holidays, rather than watching over them because school is canceled, so their teachers could take off to prepare for their own families!

Also, the public school teachers would teach the public school curriculum with no interference, and students would take the same tests as the rest of the general population (without overkill for anybody). Plus, the students would be exposed to people who don’t all look, sound or believe like them.school crossing sign

I want to know what you think about this.

It would also eliminate the worst thing that happens: Parents not sending their children to public schools, but taking the scarce money devoted to education away from them. Which state’s legislature pays enough for quality schools? What school system has enough money to really do its job right? Who pays their teachers what they deserve as professionals? What district gives every one of its poorest students equal access to a quality education at their neighborhood school?

In February, USA Today published a list, ranking the states by the quality of their schools. (Eight of the top nine, and ten of the top 12, are states between the mid-Atlantic and New England! Take that for what it’s worth.) Florida ranks number 29 and the lead to the article on the Sunshine State is pretty grim:

“Florida’s public schools receive some of the lowest funding of any state school system in the country.”

Read the article for the state rankings (luckily all on one webpage) and the results of being too cheap when it comes to educating children, but there’s one I have to share: Florida is 48th out of 50 in the percentage of adults, ages 25-64, with incomes at or above the national median. In other words, you get what you pay for and this is pitiful! Imagine who in the U.S. is behind Florida, despite all the visitors who go there and spend money!

I’ll tell you that your child’s teacher is most important person in the school, besides the students, and every school in every state has good ones and bad ones. Hopefully those bad ones don’t last long but the good ones can be convinced to stay, and we all know money talks.

So do you think my compromise idea would work? Is it at least worth a try? How would you tweak it?

Please leave your comments in the section below, and don’t miss out. If you like what you read here, subscribe to CohenConnect.com with either your email address or WordPress account, and get a notice whenever I publish. I’m also available for writing/web contract work. LinkedIn: https://www.linkedin.com/in/lennycohen

Clarence Thomas, Brett Kavanaugh, justice and becoming a Justice

President Trump’s Supreme Court nominee Brett Kavanaugh will be giving the Senate Judiciary Committee calendars from 1982 to back up his continued denial of sexually assaulting Christine Blasey Ford. That’s according to The New York Times, late Sunday afternoon.

The year 1982 was 36 years ago. Do you have your calendar from back then? Heck, were you even alive back then? (I was and I remember, but my calendar situation was mainly my parents’ responsibility at that time.) At least Judge Kavanaugh can’t say his was accidentally deleted from wherever we keep our calendars, these days. On the other hand, looks like we’ll be keeping our calendars forever!

two men holding pen and calendar sitting beside table
Photo by rawpixel.com on Pexels.com

I explained in a lawsuit about 17-18 years ago (half the time since 1982?!) – when I mentioned plans and the other side immediately asked for my calendar – they’re good for some things and not for others. Calendars will tell what your plans were when you wrote (or saved) them. They were your intentions. Calendars won’t tell whether you actually followed through with the plans or changed them. Maybe you got sick.

(“So as I told you, despite what my old calendar said, no, I didn’t go to a movie with my friend Harry, that night!”)

Judge Brett Kavanaugh
Judge Brett Kavanaugh

Anyway, the calendar is supposed to help with Judge Kavanaugh’s denial, at least to some degree.

Let’s see. He was born in 1965. (Damn! All these “old” people’s birth years are getting closer and closer to mine!)

Dr. Blasey Ford is expected to testify in an open hearing in front of the Senate Judiciary Committee on Thursday. Click here for details on the conditions requested and what to expect, at least at this point. Just don’t swear by it under oath, since things are changing.

Kavanaugh graduated from Yale Law School in 1990 and clerked for some other federal judges. He actually interviewed for a clerkship with then-Supreme Court Chief Justice William Rehnquist, but was denied. Instead, he clerked for Justice Anthony Kennedy, whose retirement led to Kavanaugh’s nomination to replace him.

Justice Neil Gorsuch
Justice Neil Gorsuch

During that clerkship, he worked alongside Neil Gorsuch (born 1967!). He and now-Justice Gorsuch attended the same prep school! Small world.

SIDEBAR: Remember, Justice Gorsuch’s nomination came after President Barack Obama nominated Merrick Garland, who remains Chief Judge of the Federal Appeals Court, DC Circuit, where Kavanaugh has been a Circuit Judge since 2006! Again, small world.

But the Republican-controlled Senate never took up Judge Garland’s nomination.

BACK TO THE STORY: You’ll remember, President Donald Trump nominated Gorsuch to succeed the late Antonin Scalia. He was 49 and the youngest (successful) nominee to the Supreme Court since none other than Clarence Thomas! Justice Thomas was 43, back in 1991. You may remember, his nomination proceedings to replace the retiring Thurgood Marshall (quota?) were contentious from the start over the issue of abortion and Thomas’ conservative political views.

Then and now: Clarence Thomas at the EEOC (1989–1990), and as a Supreme Court Justice

Whose name is missing from that last paragraph? Law Professor Anita Hill, of course!

She’d worked under Thomas at the U.S. Education Department and then at the Equal Employment Opportunity Commission. It wasn’t until the end of Thomas’ confirmation hearings that her behavior allegations against Thomas were leaked to National Public Radio’s Supreme Court correspondent Nina Totenberg (still on the job!) from a confidential FBI report. I think we have déjà vu.

SIDEBAR: Just wondering if any of the TV networks have correspondents who focus on the Supreme Court. I remember in 1991 when NBC News took Carl Stern off the air after decades on the SCOTUS beat. It was pointed out that left nobody exclusively covering one of the three branches of our government, gathering sources for NBC. You can read more about the decision-making and see some familiar names (to us old people) in this Washington Post article. Stern, a lawyer, is now George Washington University’s Emeritus Professor of Media and Public Affairs.

1991 Anita Hill
Prof. Anita Hill (1991)

BACK TO THE STORY: Many of us actually learned the phrase “sexual harassment” during the Clarence Thomas/Anita Hill frenzy. Hill – a Yale Law School graduate and University of Oklahoma law professor – testified a mutual friend introduced her to Thomas. Then, he asked if she’d leave a private firm and work as his assistant at the Department of Education. After being happy for three months, he asked her to go out with him socially and everything changed when she told him it wouldn’t be right, since she was her supervisor. (I’m summarizing her statement from that same link above, sure to bring back memories for us older folk.)

“I thought that by saying ‘no’ and explaining my reasons, my employer would abandon his social suggestions. However, to my regret, in the following few weeks he continued to ask me out on several occasions. He pressed me to justify my reasons for saying “no” to him. These incidents took place in his office or mine. They were in the form of private conversations which would not have been overheard by anyone else.

“My working relationship became even more strained when Judge Thomas began to use work situations to discuss sex. On these occasions, he would call me into his office for reports on education issues and projects or he might suggest that because of the time pressures of his schedule, we go to lunch to a government cafeteria. After a brief discussion of work, he would turn the conversation to a discussion of sexual matters. His conversations were very vivid.

“He spoke about acts that he had seen in pornographic films involving such matters as women having sex with animals, and films showing group sex or rape scenes. He talked about pornographic materials depicting individuals with large penises, or large breasts involved in various sex acts.

“On several occasions Thomas told me graphically of his own sexual prowess. Because I was extremely uncomfortable talking about sex with him at all, and particularly in such a graphic way, I told him that I did not want to talk about these subjects. I would also try to change the subject to education matters or to nonsexual personal matters, such as his background or his beliefs. My efforts to change the subject were rarely successful.”

Then, Prof. Hill testified,

“During the latter part of my time at the Department of Education, the social pressures and any conversation of his offensive behavior ended. I began both to believe and hope that our working relationship could be a proper, cordial, and professional one. When Judge Thomas was made chair of the EEOC, I needed to face the question of whether to go with him. I was asked to do so and I did. The work, itself, was interesting, and at that time, it appeared that the sexual overtures, which had so troubled me, had ended. I also faced the realistic fact that I had no alternative job. While I might have gone back to private practice, perhaps in my old firm, or at another, I was dedicated to civil rights work and my first choice was to be in that field. Moreover, at that time the Department of Education, itself, was a dubious venture. President Reagan was seeking to abolish the entire department.”

There were no problems for her first few months.

“However, during the fall and winter of 1982, these began again. The comments were random, and ranged from pressing me about why I didn’t go out with him, to remarks about my personal appearance. I remember him saying that ‘some day I would have to tell him the real reason that I wouldn’t go out with him.’

“He began to show displeasure in his tone and voice and his demeanor in his continued pressure for an explanation. He commented on what I was wearing in terms of whether it made me more or less sexually attractive. The incidents occurred in his inner office at the EEOC.

“One of the oddest episodes I remember was an occasion in which Thomas was drinking a Coke in his office, he got up from the table, at which we were working, went over to his desk to get the Coke, looked at the can and asked, ‘Who has put pubic hair on my Coke?’

“On other occasions he referred to the size of his own penis as being larger than normal and he also spoke on some occasions of the pleasures he had given to women with oral sex. At this point, late 1982,1 began to feel severe stress on the job. I began to be concerned that Clarence Thomas might take out his anger with me by degrading me or not giving me important assignments. I also thought that he might find an excuse for dismissing me.

“In January 1983, I began looking for another job. I was handicapped because I feared that if he found out he might make it difficult for me to find other employment, and I might be dismissed from the job I had.

“Another factor that made my search more difficult was that this was during a period of a hiring freeze in the Government. In February 1983, I was hospitalized for 5 days on an emergency basis for acute stomach pain which I attributed to stress on the job. Once out of the hospital. I became more committed to find other employment and sought further to minimize my contact with Thomas.”

Hill ended up taking a job at Oral Roberts University.

“The dean of the university saw me teaching and inquired as to whether I would be interested in pursuing a career in teaching, beginning at Oral Roberts University. I agreed to take the job, in large part, because of my desire to escape the pressures I felt at the EEOC due to Judge Thomas.

“When I informed him that I was leaving in July, I recall that his response was that now, I would no longer have an excuse for not going out with him. I told him that I still preferred not to do so. At some time after that meeting, he asked if he could take me to dinner at the end of the term. When I declined, he assured me that the dinner was a professional courtesy only and not a social invitation. I reluctantly agreed to accept that invitation but only if it was at the very end of a working day.

“On, as I recall, the last day of my employment at the EEOC in the summer of 1983, I did have dinner with Clarence Thomas. We went directly from work to a restaurant near the office. We talked about the work that I had done both at Education and at the EEOC. He told me that he was pleased with all of it except for an article and speech that I had done for him while we were at the Office for Civil Rights. Finally he made a comment that I will vividly remember. He said, that if I ever told anyone of his behavior that it would ruin his career. This was not an apology, nor was it an explanation. That was his last remark about the possibility of our going out, or reference to his behavior.”

In case you were wondering (and who of a certain age wasn’t?), further discussions of pornographic videos Thomas had allegedly rented, including the now-famous Long Dong Silver, must’ve happened during questioning or cross-examination.1991 arlen specter

Anyway, members of the Judiciary Committee didn’t treat Prof. Hill very nicely. For reasons we don’t know and can only imagine, two women who made statements supporting Prof. Hill to Senate staffers never testified.

Then-Delaware Sen. Joe Biden (D) was committee chair. The late Pennsylvania Sen. Arlen Specter, then a Republican, gave Prof. Hill an especially hard time.

“Professor Hill, now that you have read the FBI report, you can see that it contains no reference to any mention of Judge Thomas’ private parts or sexual prowess or size, et cetera, and my question to you would be, on something that is as important as it is in your written testimony and in your responses to Senator Biden, why didn’t you tell the FBI about that?”

Déjà vu, once again.

“Professor Hill, you said that you took it to mean that Judge Thomas wanted to have sex with you, but in fact he never did ask you to have sex, correct?”

And then the former Philadelphia D.A. asked,

“What went through your mind, if anything, on whether you ought to come forward at that stage, because if you had, you would have stopped this man from being head of the EEOC perhaps for another decade? What went on through your mind? I know you decided not to make a complaint, but did you give that any consideration, and, if so, how could you allow this kind of reprehensible conduct to go on right in the headquarters, without doing something about it?”

You can see and hear some other lowlights in these clips:

2018-02-05 Anita Hill Gage Skidmore
Feb. 8, 2018: Prof. Anita Hill (by Gage Skidmore via Wikipedia)

Thomas denied everything and called the hearing a type of “high tech lynching.”

As we know, the nomination was moved to the full, Democratic-controlled, Senate, and Thomas was narrowly confirmed, 52-48.

Despite the Déjà vu, those were accusations of sexual harassment. The allegation against Kavanaugh is attempted rape.

Kavanaugh denies it happened, but he has had confirmation trouble before. In 2003, when President George W. Bush (#43) nominated him for his current job – Circuit Judge for the Federal Appeals Court, DC Circuit – it took him three years to get approved! He was considered too partisan and wasn’t sworn in until 2006.

Let’s not forget Judge Kavanaugh already has a job for life. Every federal judge does. It says so in the Constitution.

gavel judge

In fact, I got called for federal jury duty back in 1995, while producing afternoon and early evening coverage of the O.J. Simpson murder trial for WSVN in Miami. This was just before the L.A. jury was going to deliberate the verdict and we potential Miami jurors were warned, our case could last weeks.

I was angry after waiting a whole day in the courtroom doing nothing. Finally, we were questioned and I told off a federal judge using the line, “You have a job for life but I have to earn mine every day!” (You’re welcome again, Patrick and Alice!)

At the end, they divided everyone up into groups. Those in my group were very happy to be there, even though the judge hadn’t announced which group would get to go home, have to come back, etc. (Yes, we got sent home for good.) What I won’t do for a job!

So Judge Kavanaugh will not get any more job security if he is confirmed. He will just get more publicity as a justice on the nation’s highest court. (Would you still want that?) And the opportunity to influence the entire country. Also, don’t forget the ability to sell more books further into the future. Plus, maybe a movie, The Notorious B.M.K. (His middle name is Michael.)

Nina Totenberg
Nina Totenberg (NPR)

In 1987, President Reagan’s nomination of Judge Douglas Ginsburg (no relation to Justice Ruth Bader Ginsburg, of the movie mentioned in the last paragraph) to the High Court ended with his withdrawal nine days after it was announced. Judge Ginsburg, 41, was President Reagan’s second choice after the Senate refused to confirm Judge Robert Bork.

The reason was NPR’s good ‘ol Nina Totenberg  found out Ginsburg had used marijuana “on a few occasions” as a student in the 1960s and as a Harvard Law assistant professor in the 1970s.

That was a big deal at the time. President Reagan ended up nominating David Souter and not long after, President George H.W. Bush (#41) nominated Anthony Kennedy, who – again – is retiring now. But the way the FBI conducted background checks changed forever, causing a lot of other people to have to answer questions about whether they’d experimented with smoking pot.

Judge Ginsburg continues to serve as a Senior Circuit Judge in that same Federal Appeals Court, DC Circuit, I’ve already mentioned twice. No more ‘small world’ reference. It’s getting late and two pieces of more important news just happened.

Of course, a background check is different than investigating a person who is under suspicion of a crime, but the FBI does that for the president, in order to avoid an embarrassment like the Judge Ginsburg incident. Investigations are not left to people appointed by the Senate Judiciary Committee, as was recently suggested, because that’s obviously political.

Rachel Maddow wikipedia
Rachel Maddow

Maybe this will again change the questions that candidates for high positions, who will need to be confirmed by the Senate, will have to answer. The questions will have to be more specific than whether somebody sniffed glue in high school, which was one of the additions after the Judge Ginsburg incident, as MSNBC’s Rachel Maddow showed!

Let’s stop for a moment and recognize the stories uncovered by these two female journalists.

Perhaps new questions to be asked as soon as the Kavanaugh case ends will include dates of every “base” achieved ending in loss of virginity, as the analogy has gone, which could be a threat to the privacy of willing and non-willing second parties.

Perhaps it will be the height of the #MeToo movement because it could uncover old crimes committed by men who are supposedly upstanding citizens these days. That would be an important lesson to young men with high career hopes, but probably not amount to anything because no president would nominate anybody so much more prone to rejection rather than confirmation.

And we’d never know who they are.

Besides, how many men, in addition to more women these days, would be considered 100 percent innocent of any coming-of-age antics that has probably been around since just after the introduction of the world’s oldest profession?

That brings me to a point somebody – I forgot who – brought up on Facebook last week, probably in a meme.

What about the thousands of victims of priest sexual abuse, just the ones right here in this country? They didn’t speak up right away, for obvious reasons. Should their stories not be heard, even if there’s a statute of limitations to prevent criminal charges?

Then why are people calling for a vote on Judge Kavanaugh before hearing from Dr. Blasey Ford? Should Prof. Hill have not been heard, all those years ago?

According to the York (Pa.) Daily Record, last Monday – less than a week ago – a Pittsburgh-area man and Catholic school kindergartner filed a class action suit as lead plaintiffs,

“seeking the full disclosure of all Catholic dioceses’ records concerning sexual abuse by priests. …

“The complaint notes that the recent grand jury report that identified 301 predatory priests in Pennsylvania (click here to see all 1356 pages) ‘emphasized it did not believe the report identified all predator priests and that many victims never came forward.’

“‘Lack of a complete accounting and disclosure … constitutes a clear and present danger,’ the suit concludes.”

So while Dr. Christine Blasey Ford gets ready to testify against Judge Kavanaugh this Thursday, I’ll close with two pieces of news just in and can’t be ignored as I was about to publish:

First, The New Yorker‘s Ronan Farrow and Jane Mayer are reporting “Senate Democrats are investigating another allegation of sexual misconduct against” Judge Kavanaugh, this one dating from his time as an undergraduate at Yale.”

According to Axios,

“The second accuser, Deborah Ramirez, claims that Kavanaugh waved his penis in front of her face while she was inebriated at a dormitory party during the 1983-1984 academic school year. She told Farrow and Mayer that she believes an FBI investigation of Kavanaugh’s actions is warranted.”

Judge Kavanaugh’s response:

“This alleged event from 35 years ago did not happen. The people who knew me then know that this did not happen, and have said so. This is a smear, plain and simple. I look forward to testifying on Thursday about the truth, and defending my good name — and the reputation for character and integrity I have spent a lifetime building — against these last-minute allegations.”

And from White House spokesperson Kerri Kupec:

“This 35-year-old, uncorroborated claim is the latest in a coordinated smear campaign by the Democrats designed to tear down a good man. This claim is denied by all who were said to be present and is wholly inconsistent with what many women and men who knew Judge Kavanaugh at the time in college say. The White House stands firmly behind Judge Kavanaugh.”

On the Judiciary Committee: Sen. Chuck Grassley (R-IA), Sen. Dianne Feinstein (D-CA)

Christine Blasey Ford
Dr. Christine Blasey Ford

Then, “just minutes” after that accusation, according to Axios,

“The office of Senate Judiciary Chairman Chuck Grassley released the unredacted initial letter” Dr. Blasey Ford “sent to Sen. Dianne Feinstein in July detailing her account of the (alleged) incident” that both Dr. Blasey Ford and Sen. Feinstein expected to remain confidential.

It’s out and you can read it here.

To me, it looks like another alleged victim has just been betrayed.

Folks, will this ever end?

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Sinclair sinks, Trump’s temper, Cox’s cash value

There’s something to be said for waiting before starting to write. That’s not my nature. I want to get things out first. I type very well but nobody can do it as quickly as my brain, so I often dictate into a phone and email myself. Then, I make any corrections and additions, and create the graphics and email preferences.

But this saga of Sinclair Broadcast Group trying to buy Tribune Media that has been going on for more than a year and suddenly failing last week – supposedly failing – is full of interesting details.

NO sinclair tribune

I wrote about a lot of them, Tuesday night. That was mostly background. You know how little I admire Sinclair and the people who run it. Tonight, you’ll see exactly what went wrong for the deal and what I think should be done. Let’s just say what went wrong could’ve been a lot of what I wrote Tuesday night!

I’m going to suggest starting by reading that last post, if you haven’t. It gives a lot of background about why Sinclair is so despised – that I’ve written about for months but conveniently put in one place – so there’s no sense repeating it here.

cox media group

But first, the latest, and that’s Cox Media Group – one of the best corporations owning TV stations out there, and a private one – is exploring putting itself up for sale.

Yesterday, FTVLlive’s Scott Jones got a secret copy of the talking points Cox managers are supposed to use while talking to employees. Let’s face it, “talking points” is another phrase meaning public relations. In other words, they’re trying to convince the workers to keep working extra hard because everything is going to be great! (I hope you used your best Tony the Tiger when you read that.)

Of course, that’s not how employees are feeling. When your company suddenly sets itself up to be bought, there is lots of uncertainty. You know spending will go down and jobs will not be filled, so the company’s financials look more attractive. And being bought by another major established company could lead to layoffs. But you know that’s not in the talking points which you can see below in this six-page slideshow.

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Cox’s 14 TV stations are pretty good and most are highly-rated ones. From left to right, by row, they’re the ABC affiliate in Atlanta; ABC and independent in Orlando; Fox in Boston; CBS in Seattle; NBC in Pittsburgh; ABC and independent in Charlotte; Fox and CBS in Jacksonville; Fox in Memphis; CBS in Dayton, Ohio; Fox in Tulsa, Okla.; and also a “supply-side platform that brings automation and data-driven targeting to the buying and selling of television advertising” called Videa.

cox stations

There are also 61 radio stations, 4 daily newspapers, 11 non-daily papers, 16 digital brands, and one local cable channel.

FTVLive’s Scott Jones also got a market analyst report from Wells Fargo about how much Cox Media may be worth. The answer it gives is $2.65 billion, but consider many factors including the number of willing buyers, whether the stations get split up, and whether Tribune goes back on the market.

wells fargo cox

See Tuesday’s post for a lot more links to, and details on, the rest of Atlanta-based Cox.

So FCC Chairman Ajit Pai was arguably putting himself on the line while supporting the Sinclair-Tribune merger when surprisingly, last week, he said in a statement:

“Based on a thorough review of the record, I have serious concerns about the Sinclair-Tribune transaction. … The evidence we’ve received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law. … When the FCC confronts disputed issues like these, the Communications Act does not allow it to approve a transaction. Instead, the law requires the FCC to designate the transaction for a hearing in order to get to the bottom of those disputed issues.”

How surprising?

Pai embraced the merger so much, he’s under investigation by the FCC’s inspector general for allegedly greasing the wheels by bringing back the UHF discount rule weeks before the deal was announced. That way, the new, larger company could still meet the FCC ownership limit of 39 percent of U.S. households, rather than vastly exceeding them.

— UPDATE: The FCC inspector general cleared Chairman Ajit Pai of being unfairly biased in favor of the Sinclair Broadcast Group–Tribune Media merger. —

sinclair before tribune
Sinclair’s reach now, without Tribune

Then yesterday – at an awkward moment for Pai, Sinclair and Tribune – a Washington-based U.S. Appeals Court rejected a challenge to the FCC reinstating the UHF discount that could’ve and could still pave the way for the merger. The three-judge panel was comprised of two President Barack Obama nominees and one President Trump nominee. They dismissed the case on technical grounds without considering its merits, ruling the activist groups that filed suit hadn’t shown they’d be injured by the consolidation at the heart of their case. What this really means is Tribune could be worth more if it pulls out of the deal, because other potential suitors will have more flexibility to make offers. Tribune can leave Sinclair at the alter/chuppah on Aug. 8.

The UHF discount, started in 1985, let companies with UHF (channels 14+) stations only count half the coverage area towards the ownership limit. But that was when there was a big difference between watching channels 2 to 13, and channels 14+. With today’s technology – and cable, satellite and computers added to the mix, and broadcast signals digital rather than analog – the quality looks the same. The rule was ended in 2016, just before the end of President Obama’s administration.

So why bring back the rule last year? For big corporations, up against the ownership limit, urging Pai to reinstate it so they could buy more stations – exactly what Sinclair needed to merge with Tribune.

According to Variety, Commissioner Mignon Clyburn, the sole Democrat on the FCC at the time, warned it would diminish diversity, competition, and localism, and she predicted a wave of mergers and acquisitions.

Variety wrote at the time,

“She showed a chart from Bloomberg showing how major station groups benefit from the discount. The largest, ION Media, reaches 33.7% of the country with the discount, but 65.2% without. Univision reaches 23.6% with the discount, but 44.8% without. When the discount was repealed last summer, station groups were allowed to retain their existing holdings, but they would be forced to divest assets in the event of a merger or corporate takeover.”

tv owner population share

But Pai argued the FCC would start examining the media ownership cap and reinstating the UHF discount would give the FCC a “blank slate.” The examination started in December.

generic tvA year later, in April 2018, Variety reported a panel of appellate judges asked why the FCC reinstated the rule and raised some concerns. Two of the three judges on the D.C. Circuit Court of Appeals also expressed concerns the FCC had restored a rule that was considered obsolete.

According to Variety, Judge Gregory Katsas noted to the FCC’s attorney, James Carr, that while the FCC

“might want to raise the cap,” there was “no reason for thinking at that the end of the day, part of the solution will be keeping the discount.”

“I think that is probably fair, your honor,” Carr replied. He argued that the UHF discount shouldn’t be eliminated without considering its implications to the 39% cap.

Meanwhile, CEO Chris Ruddy of conservative TV news network Newsmax said, “The judges on the D.C. Circuit reviewing the FCC’s UHF discount were left scratching their heads wondering why the rule was re-instated when everyone — Republicans and Democrats alike — agree that the discount is an analog relic and makes no sense in a digital world.

“The FCC should avoid the appearance of impropriety and proceed with a transparent national ownership cap proceeding to set a level playing field before approving any merger that benefits just one company, namely Sinclair.”

He also said he told President Trump strict limits on national TV ownership are needed not only to keep a lid on Sinclair, but also on the ‘liberal’ broadcast networks.

I told him [Trump] about my opposition because Sinclair would reach 70 percent of U.S. homes and — while I don’t disagree necessarily with Sinclair’s editorial point of view — I did not want to see NBC and ABC and the big liberal networks…[reaching] 70 percent.

“I think that would have been very dangerous if NBC was dictating the local news coverage in Des Moines, Iowa,” Ruddy said.

Keep in mind, Ruddy’s Newsmax and also Sinclair want to challenge Fox News Channel for conservative news viewers.

Politico summed it up by saying,

“Sinclair has been a frequent target for Democrats and liberal groups disturbed by reports that it favors President Donald Trump in its coverage via ‘must-run’ segments pumped to its network of stations.”

During the 2016 presidential election, The Washington Post reported Sinclair

“gave a disproportionate amount of neutral or favorable coverage to Trump during the campaign” while airing negative stories on Hillary Clinton, and Politico reported “on a boast by Trump’s son-in-law Jared Kushner that the president’s campaign had struck a deal with the broadcast group for better media coverage. Sinclair disputed the characterization, saying it was an arrangement for extended sit-down interviews that was offered to both candidates.”

Also, it was Trump who nominated Pai for the agency’s top post, so most experts felt the merger would eventually get the go-ahead due to President Trump’s public comments praising the media company, which boasts a conservative-leaning, anti-mainstream media news operation.

My last post mentioned many different cases of using shell companies under Sinclair’s control to still broadcast on more stations than allowed. Those so-called sidecar arrangements let Sinclair keep a stake in the revenue and programming of the spun-off stations.

I even asked, “Why was the FCC the last to find out? Or did it know and ignore the facts for political reasons?”

Today, I found a new example of a virtual triopoly (three stations in a market), when the FCC only allows duopolies (two stations in a market) and only under certain conditions.

So what changed? Politico reports problems in three cities.

WGN-TV

First, in Chicago, the plan was to sell

“WGN to Steven Fader, a Maryland business associate of Sinclair Executive Chairman David Smith who oversees car dealerships.”

According to Reuters,

“The draft order circulated by Pai’s office … said Sinclair’s actions around the divestiture of TV station WGN in Chicago ‘includes a potential element of misrepresentation or lack of candor.’”

Ouch! Not good for a company licensed to use the public airwaves. I used another example below and then offered a suggestion about what should happen to Sinclair.

Adweek added,

“The FCC feels Smith selling the asset to his friend and business associate presents a problem,”

and I’ll say the price of $60 million is ludicrous, considering the station is worth hundreds of millions of dollars.

According to The Chicago Tribune,

“The WGN services agreement would have kept Sinclair in charge of everything from programming to ad sales while giving it an option to buy back the station for the same price, subject to adjustments, within eight years.”

WPIX

Sinclair was also supposed to sell WPIX-New York, the nation’s largest TV market by far, for a measly $15 million to that same Cunningham Broadcasting, a company with close ties to the Smith family. That caused Pai to say he was concerned Sinclair’s proposed sales in Chicago and New York may have attempted to deceive the government.

Adweek said also troubling

“were the deals to sell stations in Dallas and Houston to Cunningham Broadcasting.”

The Tribune reported,

“The proposal also included an option to buy the stations back.”

According to Reuters,

“Separate filings with the FCC last month by the American Civil Liberties Union and conservative news outlet Newsmax Media” … raised “questions about whether Sinclair would continue to control some of the stations it proposes to divest.”

So Politico said,

“Pai announced an administrative law judge would review the station spinoff issues. The FCC takes that step when companies fail to persuade it that a transaction, even with conditions, would be in the public interest.”

Ars Technica reported the decision by FCC commissioners to adopt a Hearing Designation Order and have a judge review aspects of the deal was unanimous. Other options were

“denying the merger outright, approving the merger, or approving it with conditions.”

Click here for the full order. One of the key parts reads:

“Among these applications were three that, rather than transfer broadcast television licenses in Chicago, Dallas, and Houston directly to Sinclair, proposed to transfer these licenses to other entities. The record raises significant questions as to whether those proposed divestitures were in fact “sham” transactions. By way of example, one application proposed to transfer WGN-TV in Chicago to an individual (Steven Fader) with no prior experience in broadcasting who currently serves as CEO of a company in which Sinclair’s executive chairman has a controlling interest. Moreover, Sinclair would have owned most of WGN-TV’s assets, and pursuant to a number of agreements, would have been responsible for many aspects of the station’s operation. Finally, Fader would have purchased WGN-TV at a price that appeared to be significantly below market value, and Sinclair would have had an option to buy back the station in the future. Such facts raise questions about whether Sinclair was the real party in interest under Commission rules and precedents and attempted to skirt the Commission’s broadcast ownership rules. Although these three applications were withdrawn today, material questions remain because the real party-in-interest issue in this case includes a potential element of misrepresentation or lack of candor that may suggest granting other, related applications by the same party would not be in the public interest.”

This keeps getting better!at&t time warner

Politico said an administrative law judge was called in 2015 with the proposed Comcast-Time Warner Cable deal. The companies later abandoned it, rather than go through the hearing process. AT&T ended up with Time Warner, at least for now, after a federal judge allowed it without conditions, but the Justice Department is appealing.

By last Wednesday, Reuters reported Sinclair announced it would not divest the three TV stations currently owned by Tribune

“to ‘expedite’ the transaction after the FCC suggested the company would still control the stations,” and “two FCC officials who did not wish to be identified said Wednesday they believe the merger will not be able to proceed.”

Instead, Sinclair itself will acquire WGN-Chicago, and put KDAF-Dallas and KIAH-Houston into a divestiture trust and sold by an independent trustee (if the acquisition is finalized).

The Justice Department is also still reviewing the deal and the FCC may have even more concerns.

Sinclair denied any effort to mislead the FCC and issued this long statement:

“While neither Sinclair or Tribune have seen the draft HDO, Chairman Pai’s comments and press reports indicate the FCC is questioning the proposed divestitures in Dallas, Houston and Chicago.  Accordingly, in order to address such concerns and to expedite the Tribune transaction, Sinclair has withdrawn the pending divestitures of stations in Dallas (KDAF) and Houston (KIAH) to Cunningham Broadcasting Corporation and Tribune has withdrawn the pending divestiture of WGN in Chicago to WGN-TV LLC.  Sinclair intends to request permission from the FCC to put the Dallas and Houston stations into a divestiture trust to be operated and sold by an independent trustee following the closing of the Tribune acquisition.  Sinclair expects to have identified and entered into a purchase agreement with a third party buyer or buyers for the Dallas and Houston stations prior to closing.  As a result of the withdrawal of the application relating to WGN, Sinclair will simply acquire that station as part of the Tribune acquisition, which is, and has always been, fully permissible under the national ownership cap.

“Throughout the FCC review process of the Tribune merger and divestitures, Sinclair has had numerous meetings and discussions with the FCC’s Media Bureau to make sure that they were fully aware of the transaction’s structure and basis for complying with FCC rules and meeting public interest obligations. During these discussions and in our filings with the FCC, we have been completely transparent about every aspect of the proposed transaction. We have fully identified who the buyers are and the terms under which stations would be sold to such buyer, including any ongoing relationship we would have with any such stations after the sales. All relevant agreements documenting such terms as required by FCC rules have been filed. While we understand that certain parties, which oppose the transaction object to certain of the buyers based on such buyers’ relationships with Sinclair, at no time have we withheld information or misled the FCC in any manner whatsoever with respect to the relationships or the structure of those relationships proposed as part of the Tribune acquisition. Any suggestion to the contrary is unfounded and without factual basis.

“While the structures put forth to the FCC throughout the process have all been in compliance with law and consistent with structures that Sinclair and many other broadcasters have utilized for many years with the full approval of the FCC, we have consistently modified the structure in order to address any concerns raised by the FCC. As a result and in light of the ongoing and constructive dialogue we had with the FCC during the past year, we were shocked that concerns are now being raised. Nonetheless, we have decided to move forward with these additional changes to satisfy the FCC’s concerns.

“There can be no question regarding misrepresentation or character given that Sinclair has fully disclosed all terms of all aspects of the transactions it has proposed. The FCC’s reported concerns with sales to certain parties have been eliminated in light of the withdrawals of the applications relating to Dallas, Houston and Chicago. Accordingly, we call upon the FCC to approve the modified Tribune acquisition in order to bring closure to this extraordinarily drawn-out process and to provide certainty to the thousands of Tribune employees who are looking for closure.”

So what’s next for Tribune? Will it stick by the deal as it said it intends? We don’t know for sure yet, but it has until Aug. 8 and I already mentioned reasons to separate from Sinclair.

This video was made before Cox threw its assets into the ring.

One big winner, so far, could be 21st Century Fox Inc. chairman Rupert Murdoch, who has become close with President Trump.

Bloomberg notes, over the decades, Fox and Sinclair have been in business together, but the conservative organizations have also been rivals.

Sinclair owns dozens of local Fox affiliates. So does Tribune. Last year, Fox tried unsuccessfully to outbid Sinclair for Tribune.

In the meantime, the companies divide the retransmission fees paid by cable and satellite operators (meaning what you and I pay). Networks say local stations have more value because of them.

Former Fox exec Preston Paddon remembers in his blog,

“By 1992, Congress found that cable systems were paying carriage fees to the non-broadcast channels but not to the broadcasters, and that this was unfair to the broadcasters.”

It’s why we pay for free local TV if we’re not watching with an antenna.

Anyway, Sinclair buying Tribune and its own Fox affiliates would’ve given it a stronger negotiating hand in talks with Fox about how to divvy up those fees.

So after losing out on Tribune,

“Fox threatened to pull its affiliates from Sinclair and switch the stations to an independent broadcaster. Eventually, in order to satisfy regulators, Sinclair agreed to sell some Tribune stations to Fox, which, in turn, said it would renew Sinclair’s affiliation with more than two dozen stations.”

Now, Fox may be able to buy even more stations.

And “Sinclair may soon compete with Fox News for right-leaning TV viewers” may not come to pass. It has reportedly been talking about hiring former Fox News stars to create a block of conservative programming using WGN America, which it would acquire, or The Tennis Channel, which it already owns. Former Trump advisor Boris Epshteyn and former CBS correspondent Sharyl Attkisson already work for Sinclair. Politico reported Sinclair has even approached current and former Fox talent such as Jeanine Pirro, and Greta Van Susteren and Eric Bolling. I already wrote Talks with former Fox host Bill O’Reilly fell apart. Sinclair won’t admit to any of that.

Also, the Justice Department appealed the ruling that let AT&T buy Time Warner. That’s good for Fox at the moment because it involves Fox News Channel rival CNN, and may have kept Comcast/NBC from buying most of Fox, as it downsizes to become “New Fox.” Murdoch prefers Disney/ABC buying the assets, which the government already approved, and “the Murdoch family would see more tax benefits in that deal.”

So what’s President Trump’s beef? You already read about his relationship with Sinclair.

Tuesday night, he tweeted it was “sad and unfair that the FCC wouldn’t approve the Sinclair Broadcast merger with Tribune,” but Republicans control the FCC, he appointed Ajit Pai as chairman, and Pai has been accused of being too cozy with Sinclair. But except for appointments, the FCC is independent from the White House.

Deadline reported Sinclair commentator Boris Epshteyn, who used to work for Trump, is for the deal. So is Steve Bannon, who got friendly with Sinclair stations in swing states before the election. And Trump has to like Sinclair’s publicity.

The only Democratic FCC commissioner at the moment tweeted her response to the president with just one word: disagree.

But Trump’s friend Rupert Murdoch – who also owns TV stations and the pro-Trump Fox News Channel – is said to be against the merger. That would be especially so if Sinclair starts putting conservative news on cable through WGN America and The Tennis Channel. Trump is so chummy with Murdoch, he called in December to congratulate him on the Disney-21st Century Fox deal.

I wrote another friend, NewsMax chief Chris Ruddy, is definitely against Sinclair-Tribune, as well.

Furthermore, the president compared Sinclair-Tribune to letting “Liberal Fake News NBC and Comcast (get) approved” which happened under the Obama administration and FCC. Trump criticized it as being too big.

He didn’t mention it’s on the level of AT&T-Time Warner, which a federal judge recently allowed but the Justice Department is appealing.

The difference between Sinclair-Tribune and Disney-Fox – and NBC-Comcast and AT&T-Time Warner – is that the first pair involve companies that make content but don’t distribute it. In the second pair, NBC and Time-Warner make content, but Comcast and AT&T actually distribute it — Comcast through cable and AT&T by DirecTV satellite, both of which are paid subscription services.

In April, Axios reported President Trump defended Sinclair after the company started

“forcing conservative, pro-Trump editorials on its” news anchors and “Deadspin created a video of Sinclair broadcasters spurning ‘fake news.’

Viewers of Sinclair’s 200-plus local stations had already seen “centrally drafted opinion items reflecting its conservative, often pro-Trump positions,” but not by their own local anchors and certainly not side-by-side along with so many others.

That was at 6:34am. Keep in mind, a great number of Sinclair’s stations are affiliated with the networks.

Then, at 6:58, Trump took on CNN…

and got pushback from its PR department.

CNN reports some Sinclair journalists said they were unhappy with President Trump’s portrayal of the company as “conservative” because they want to be recognized for their straight-forward, nonpartisan work. Despite their stations being forced to air pro-Trump commentaries and stories, most journalists at local stations don’t want to be labeled by the president or anyone else.

As for Sinclair’s claim of more localism if the deal goes through, FTVLive’s Scott Jones found Sinclair station WSYX-Columbus, Ohio, doing a series of reports called “Gator Week” (as opposed to Shark Week, that has been on the Discovery Channel since 1988). Still, Jones thought it was “odd” considering “you don’t see many alligators in Ohio.” Then, he found out about other Sinclair stations doing the same thing, “including WGXA (Macon, Ga.), WPMI (Mobile, Ala.), WPEC (West Palm Beach) and others.” He joked he wasn’t sure it was a must-run.

I, myself, found Shark Week on a retweet from the Cunningham Broadcasting station in mid-Michigan. Maybe WBSF was allowed to go a different route.

WBSF’s “About” section says it’s “owned and operated by Cunningham Broadcasting Corporation and receives certain services from an affiliation of Sinclair Broadcast Group.” So there are three terms/phrases: owned, operated, and “receives certain services from an affiliation of Sinclair Broadcast Group.” Maybe that’s because just above, it says to send all press releases to news@nbc25news.com. So maybe “certain services from an affiliation of Sinclair Broadcast Group” includes press releases.

But wait!

Below, there are nbc25news email addresses for comments, webmaster (the Sinclair owned, operated, and apparently “affiliated” websites all look similar), contests and weather.

And below that are Sinclair (sbgi.net) email addresses for corporate, two for national advertising, and the secondary person for closed-captioning concerns.

So maybe those are all the “certain services from an affiliation of Sinclair Broadcast Group.”

That’s all very interesting since I knew Sinclair controlled two other stations in the same location!

NBC affiliate WEYI has on its “about” section (with the same look) that it’s “owned and operated by Howard Stirk Holdings, LLC and receives certain services from an affiliation of Sinclair Broadcast Group.” That entire phrase is merely a substitution for Armstrong Williams’ company and we established in my last post that WEYI is one of a few Howard Stirk stations run by Sinclair. They also use the nbc25news email, but it’s more appropriate here.

Then there’s Fox affiliate WSMH that has on its “about” section (with the same look, of course) that it’s – wait for this! – actually “owned and operated by Sinclair Broadcast Group.” The email addresses are all wsmh.com. The “receives certain services” phrase is not there.

I did notice after the paragraph with the name of the owner, etc., and ties to Sinclair, is another called “Community Involvement.”

What’s funny is that all three stations start with “The owner and Sinclair Broadcast Group, LLC. continue to broaden its recruiting outreach…”

That means “the owner” can be whichever company actually holds the station license and it’s not named here, just referred to as “the owner,” out of laziness.

But what’s especially funny here is saying “The owner and Sinclair Broadcast Group” when Sinclair is really the owner!

But seriously, how does Sinclair operate the three stations with the same address, etc.? We learned in my last post that’s not allowed in Baltimore, with Sinclair, Cunningham and Deerfield Media. In fact, in Nov., 2012, TVNewsCheck reported the situation as “a virtual triopoly.”

The FCC’s webpage called Broadcast Ownership Rules clearly states in its section, Local TV Multiple Ownership:

“An entity is permitted to own up to two TV stations in the same Designated Market Area if either:

  • “The service areas – known as the digital noise limited service contour – of the stations do not overlap

  • “At least one of the stations is not ranked among the top four stations in the DMA (based on audience share), and at least eight independently owned TV stations would remain in the market after the proposed combination”

That’s the summary in its entirety! The stations cover the same area. An old website reports “eight full-power television stations in the Flint-Saginaw-Bay City market,” the others being CBS and ABC affiliates, two PBS affiliates and a religious broadcaster.

And the NBC, Fox and CW stations are controlled by the same company, for all intents and purposes. I’d bet the CW station is not in the top four rated, but the rules are for an entity “to own up to two TV stations” – just two!

(The MyNetworkTV affiliate is on a sub-channel of the CBS affiliate.)

I just found the mid-Michigan situation by accident and wonder how many other cities this has been going on in.

TVNewsCheck’s Harry A. Jessell put it this way, and then made lists of winners and losers at this point:

“Its mishandling of its merger application has badly stained its permanent FCC record in a way that could greatly complicate its future regulatory dealings. … And a liar is what the FCC has accused Sinclair of being by obfuscating the fact it would continue to control three major market stations that it told the FCC it would spin off to other broadcasters to comply with ownership limits.

“You see, the FCC acts on the honor system. It presumes that you are obeying all the rules and expects you to confess any infractions. It’s the principal way the FCC polices those it regulates. That’s why lying – the ever-polite FCC calls it “misrepresentation” or “lack of candor” – is taken seriously and is the FCC equivalent of a capital crime. … As the lawyers pointed out to me this week, once indicted for misrepresentation as Sinclair has now been, it sticks because it goes to the broadcaster’s basic character qualifications to be a licensee. It cannot buy or sell a station or even renew a license until it resolves the character question. Sinclair’s best move now is to walk away from the merger and promise, no, swear on a stack of Bibles, that it will never, ever mislead the FCC again.

“Sinclair has no one but itself to blame for this fiasco. It pushed too hard to keep as many of the Tribune stations as it could and somewhere along the line lost sight of the larger goal – get the transfer through the FCC and get to closing. … (David Smith) kept going back to the FCC (and the Justice Department) demanding more and more. Ironically, he will likely end up with nothing, except maybe a new set of regulatory hassles.”

Bloomberg quotes B. Riley FBR Inc. analyst Barton Crockett, who said in a note he has

“never seen such ‘harsh’ language from the FCC about an applicant for a merger. The ‘vitriolic’ tone of the FCC statement makes it dubious that Sinclair and Tribune will be able to come back with divestitures that will satisfy the FCC.”

Bottom line: Anyone who knows me knows I can be tough, especially on myself. The people who run and invest in the nation’s largest media company have been breaking rules all over the place for many years. It’s time the FCC gets extremely serious so it’s taken seriously when protecting the public interest from those using the public airwaves.

Does anyone remember the RKO situation? Have a seat and look for similarities. (I wrote this with information from several Wikipedia listings.)

RKO General 1962
1962 logo

RKO General was the main holding company through 1991 for the non-core businesses of the General Tire and Rubber Company.

It had been in broadcasting since 1943, and General Tire bought the RKO Radio Pictures movie studio in 1955, but dissolved it in 1959. From then until 1991, it operated six TV stations and more than a dozen radio stations. It also holds the record for the longest licensing dispute in television history.

KHJThe trouble began in 1965. RKO General applied for license renewal of KHJ-TV in Los Angeles (now KCAL-Channel 9). A local group, Fidelity Television, challenged it, charging RKO with second-rate programming, and later and more seriously, that General Tire conditioned its dealings with certain vendors on the basis they’d buy advertising time on RKO General stations. These “reciprocal trade practices” are considered anti-competitive. RKO and General Tire executives testified before the FCC and rejected the accusations. Four years later, in 1969, the commission issued an initial finding that Fidelity’s claims were correct.WNAC RKO

That same year, RKO faced a license challenge for WNAC-TV in Boston (now WHDH-Channel 7, not to be confused with the old WHDH-Channel 5), again charged with reciprocal trade practices.

WOR RKOFour years later, in 1973, the FCC ruled in favor of RKO in the Los Angeles case, pending findings in the still-ongoing Boston investigation. The next year, in 1974, when RKO applied for license renewal of WOR-TV in New York (now WWOR-Channel 9, technically Secaucus, NJ), the FCC conditioned the renewal on the Boston case as well.

SIDEBAR: Another Boston FCC case lasted 15 years – not the record, but from sign-on to sign-off – and involved the former WHDH-Channel 5. The DuMont Television Network applied for a construction permit for the channel, but shut down its network before getting it. The Boston Herald Traveler Corporation got the license, signed on in 1957, and shortly after, the FCC started investigating allegations of impropriety in the granting of the television license. (Allegedly, the controversy was over luncheon meetings the newspaper’s chief executive had with an FCC commissioner during the original licensing process.) So the old channel 5 (WHDH) never had a license longer than six months at a time while the standard was three years.

Eventually, the FCC ordered comparative hearings and in 1969, a local group called Boston Broadcasters was granted a construction permit for a new station on channel 5 called WCVB after it promised to air more local programming than any other station in America at the time. That’s even though the old channel 5 (WHDH) often broadcast more local programming than any other commercial TV station in Boston. Herald-Traveler Corporation lost its court case in 1972 and WCVB went on the air in its place. Luckily, everyone on the old channel 5 moved to the new channel 5 which still broadcasts from the suburb of Needham, since the old WHDH-TV refused to sell its studios, transmitter and tower to the new WCVB, which is now owned by Hearst.

NOW BACK TO THE STORY: In June, 1974, an administrative law judge renewed the WNAC-Channel 7 Boston license even after finding General Tire and RKO General had engaged in reciprocal trade practices. In December, 1975, a company competing for the license called Community Broadcasting asked the FCC to revisit the case. It alleged General Tire bribed foreign officials, maintained a slush fund for U.S. political campaign contributions, and misappropriated revenue from overseas operations. RKO denied all the allegations during a year-and-a-half series of proceedings. Then, in July, 1977, General Tire admitted to an eye-popping litany of corporate misconduct, including the bribery and slush fund charges, in order to settle an action brought by the Securities and Exchange Commission. But the TV situation wasn’t over yet. Still, the RKO proceedings dragged on!

Finally, in 1980, after a half-decade of hearings and investigations, the FCC stripped RKO of WNAC’s license. It found RKO “lacked the requisite character” to be the station’s licensee and gave as examples, the reciprocal trade practices of the 1960s, false financial filings by RKO, and General Tire’s gross misconduct in non-broadcast fields.

But the worst was RKO’s dishonesty before the FCC. During hearings, RKO withheld evidence of General Tire’s misconduct, including the fact the SEC had been investigating the company in 1976. RKO also denied it had improperly reported exchanges of broadcast time for various services, despite indications to the contrary in General Tire’s 1976 annual report. So the FCC found RKO had displayed a “persistent lack of candor” over its own and General Tire’s misdeeds, which threatened “the integrity of the Commission’s processes.” That FCC ruling meant RKO lost the KHJ-TV Los Angeles and WOR-TV New York licenses as well.

RKO appealed to the District of Columbia U.S. Court of Appeals, which upheld the revocation solely on the basis of RKO’s lack of candor. It wrote in its opinion, “[t]he record presented to this court shows irrefutably that the licensee was playing the dodger to serious charges involving it and its parent company.” But the court interpreted the candor issue so narrowly that it applied only to WNAC-TV, and ordered rehearings for WOR and KHJ. RKO General appealed again, this time to the U.S. Supreme Court. In 1982, SCOTUS refused to review the license revocation, and it was over. RKO General sold WNAC’s assets to New England Television (NETV), a new company from the merger of Community Broadcasting and another competitor for the license, the Dudley Station Corporation. The FCC granted a full license to NETV on channel 7, which it renamed WNEV-TV. Since then, the station changed its call letters to WHDH-TV, had low ratings, and was sold to Ed Ansin’s Sunbeam Television Corporation. (This WHDH has no relation to the old WHDH-Channel 5.)

It could’ve been worse. In 1983, the FCC began taking competing applications for all of RKO’s broadcasting licenses, but Congress passed a law sponsored by Sen. Bill Bradley requiring the commission to automatically renew the license of any commercial VHF-TV station relocating to a state without one, meaning New Jersey and Delaware. Two months later, RKO General officially changed WOR’s city of license from New York to Secaucus, NJ, where it remains on paper. The FCC made the station move its main studio there and step up coverage of events in the Garden State. Still, WOR maintained its identity as a New York station. (It’s now owned by Fox, which also owns WNYW-Channel 5, and got rid of channel 9’s newscasts.)

In 1984, RKO sold its Radio Networks operation to United Stations. In 1986, under pressure, RKO put WOR up for sale. MCA/Universal won the bidding war and the FCC approved the purchase. In 1987, MCA changed the call letters to WWOR. (Remember the slogan Universal 9, about 15 years before NBCUniversal was formed?)

RKO was lucky it sold WOR. In 1987, an FCC administrative law judge found it unfit to be a broadcast licensee due to a long history of deceptive practices he called the worst case of dishonesty in FCC history, and ordered RKO to surrender the licenses for its two remaining two TV stations and 12 remaining radio stations. RKO declared all of the employees responsible for the misconduct had been fired and appealed, claiming the ruling was deeply flawed. But the FCC made it clear it would probably reject any appeals and strip the licenses, and urged RKO to sell everything before that became necessary.

In 1988, under an FCC-supervised deal, the license of KHJ-Los Angeles was granted to Fidelity, the company that had originally challenged RKO General. Fidelity then transferred it to Disney, before it bought ABC, for $324 million. RKO got about two-thirds and Fidelity got the rest. By 1991, everything was sold. (Fort Lauderdale-Miami’s WAXY-FM 105.9 – which labeled itself “an RKO radio station” before giving its call letters, near the end – was sold in 1990. That was 28 years ago! Unbelievable!)

TVNewsCheck’s Harry Jessell put it this way:

“When people are making comparisons between your station group and RKO General, you know you have screwed up.”

I think there are too many changes going on in the industry right now as technology improves so quickly. Jessell mentioned certain former FCC commissioners would’ve gone the RKO route with Sinclair. I agree because now more than ever, broadcasters use the public airwaves and must pay us back with public service under tougher rules than its competitors. And the FCC needs complete and total honesty, with so much on its hands.

Sinclair needs to be brought down similarly for all it has done, with the same family as owners and no concern for anything but profit over the decades. The stations should be separated. Local broadcasters or broadcasting groups with no other industry interests should be given first shot at the stations. Then, they can hire experienced people with original ideas, and decisions would be made right there in the studio building.

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The necessity of public unions, now no chance for compromise

NOTE: Shortly before publishing, Supreme Court Justice Anthony Kennedy announced he’ll retire effective July 31.

scotus trump usa flag

According to Axios, that’ll give President Donald Trump

“a chance to pull the court significantly to the right for decades to come. This is seismic — for politics as a whole, for the court and, ultimately, for the millions of Americans whose lives are shaped by its rulings. Replacing Kennedy with a more conservative justice would likely lead to new limits on abortion and LGBT rights, and could easily be the most consequential act of Trump’s presidency. … The confirmation battle will be intense. Republicans have just a one-seat majority in the Senate, and Democrats will be under enormous pressure from their base to try as hard as they can to block Trump’s nominee. Both sides are already prepared for a brutal fight.”

Kennedy was appointed by President Ronald Reagan in 1988, but has long been the court’s swing vote. Winning him over was often the only way to build a majority.

Anthony Kennedy
Front row, left to right: Associate Justice Ruth Bader Ginsburg, Associate Justice Anthony M. Kennedy, Chief Justice John G. Roberts, Jr., Associate Justice Clarence Thomas, Associate Justice Stephen G. Breyer. Back row: Associate Justice Elena Kagan, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Neil M. Gorsuch. Credit: Franz Jantzen, Collection of the Supreme Court of the United States

I was always a union member while teaching in Miami. Florida is a “right to work” state (that phrase makes no sense) and I didn’t have to join UTD, the United Teachers of Dade – but I did anyway for the benefits, protection, and because it was the right thing to do since they negotiated my pay in accordance with crushing state laws.

For example, in March, the Florida legislature passed new collective bargaining rules into law. It doesn’t target all public unions; just the teachers who spend more time with the Sunshine State’s children for most of the year than their parents. And the schools that feed many of those kids breakfast and lunch at free or reduced prices, while their parents let them starve or eat garbage all summer. According to the Tampa Bay Times, it requires

“local unions to prove they represent a majority of the teachers in their districts. The measuring stick: Having at least half of all employees eligible to be in the union paying dues.

“If they fall short, they could lose their authority to negotiate working conditions and pay with the school boards. And many might find themselves in that spot: Some larger districts including Miami-Dade and Pasco hover just below the level, as do some smaller ones including Calhoun.

“The big question is, what would happen next? Are unions that miss the mark dissolved, and their contracts along with them? … The answer remains unclear.”

So much for attention to detail and consequences, two things members of the Florida legislature could be taught! And most teachers are women, who these lawmakers are more likely to take advantage of. But I have to say, it also did the right thing on guns, the same month, and the NRA is suing. Details on that below.

But not being a union member would’ve made me a freeloader, and I write that with love and respect for many or my co-workers who chose that route. Some teachers complained about the money, and they may have had bigger families to support and student loans to pay back, but they would’ve made less if it wasn’t for the union. Now, that’s in dire jeopardy.

Earlier, as a member of AFTRA, the American Federation of Television and Radio Artists (before its merger with SAG, the Screen Actors Guild) in Philadelphia TV, I knew what I was getting into, just as the public union employees did.

I believe AFTRA did the right thing and had the perfect solution by letting some members pay less, so their dues did not go into any political fund and did not influence elections in any way.

I was hoping a compromise like that could withstand today’s Supreme Court ruling that public unions cannot collect fees from non-members, but no.

Axios reports,

“The court struck down so-called ‘agency fees’ that unions collect from non-members. Those fees can only be used for collective bargaining, not overtly political activity.”

But the Court, by a 5-4 vote, sided with critics who

“say that because these unions are bargaining with the government, their bargaining is inherently political.”

Now, Axios predicts

“without agency fees, unions won’t be able to afford the lawyers and other staff who drive their negotiations, making membership ultimately seem like a worse deal.”

I’ll add, this seems lopsided, and a fair deal for workers – not too much but also not too little – ultimately helps everyone. Fewer union members mean less money for Americans and more people on welfare. Is that what we want?

Besides, to the justices of the Supreme Court, aren’t most things inherently political?

We all pay taxes for schools, even if we don’t have children attending. We pay for police and fire departments, even though we hope we never need them. (I wonder what percentage of the population actually uses their services annually.)

It’s not a good day to be one of your town’s finest or bravest. Its leaders are naturally going to try to take your pay and benefits!

There’s also paying for parks we don’t go to, and roads we never drive on.

But nobody can opt out of those taxes because they are needed for society and the future.

The critics claim membership in a union violates their First Amendment rights but money is not speech, unless you agree with the Citizens United case. (Wikipedia says back in 2010, the Supreme Court ruled “the free speech clause of the First Amendment to the Constitution prohibits the government from restricting independent expenditures for communications by nonprofit corporations, for-profit corporations, labor unions, and other associations.” That gave nonprofit corporations, for-profit corporations, labor unions, and other associations Constitutional protections that had gone only to actual, real people for more than 200 years, since the time of this country’s founders. Is it right they gave the rich more say and to do it secretly?)

us constitution
Article I of the Constitution, not to be confused with the First Amendment

Plus, the critics claim public unions aren’t fair because the workers vote, urge others to vote and then negotiate with the people elected. But don’t ordinary citizens have those same rights, the ability to assemble organizations and make requests of leaders on all levels?

A year ago, Forbes reported, “Across most developed nations, labor union membership is getting rarer.” It didn’t mean just the U.S.

Wikipedia reports the four countries that gained union worker percentages from 1970 to 2003 were Finland, Sweden, Denmark, and Belgium. Those aren’t countries you see on any “bad places” lists.

Finland Sweden Denmark Belgium

Here, our nation’s government was built on a system of checks and balances. No government nor private employer wants to pay their workers more, and the people don’t want to pay any more taxes.

Already, too many states and municipalities are in the red over pension obligations that added up over the years. It’s not fair politicians from the past gave away too much in order to keep their own jobs on Election Day. Blame them, not the workers. (Compare it to how we’ll leave climate and the environment to our children and grandchildren).

Wikipedia goes on to say, in the U.S.,

“Public approval of unions … declined to below 50 percent for the first time in 2009 during the Great Recession. It is not clear if this is a long term trend or a function of a high unemployment rate, which historically correlates with lower public approval of labor unions.

“One explanation for loss of public support is simply the lack of union power or critical mass. No longer do a sizable percentage of American workers belong to unions, or have family members who do. Unions no longer carry the ‘threat effect’: the power of unions to raise wages of non-union shops by virtue of the threat of unions to organize those shops.”

But we know good teachers need raises (along with support from administrators, etc.) or they’ll leave the profession, while athletes arguably make too much money. (And yes, educators know what they’re getting into.)

what teachers do Facebook
Facebook

So what do the citizens of this country plan to do to make things fair and right, in light of the Supreme Court’s ruling?

The Tampa Bay Times quoted the president of the Association of Calhoun Educators in northern Florida, which was formed just two years ago. Until then, there was no collective bargaining unit to support teachers.

“We had no contract. … They would say, yes, there is money for a raise or, no, there isn’t. Whatever they decided, went.”

That doesn’t sound like a place where people who value themselves or their profession would want to work, unless they have no other choice. Perhaps that’s what the good folks of Calhoun County wanted. That’s too bad because I can’t imagine a bright future there, with jobs and rising property values.

Union Yes Wikimedia Commons

Lily Eskelsen García, president of the National Education Association, wrote:

“With its decision in Janus v. AFSCME, the U.S. Supreme Court today turned its back on American workers—the educators, nurses, firefighters, police officers, and public servants who make our communities strong and safe.

“The Court’s ruling is a massive gift to the special interests and billionaires who already benefit from a system that is rigged in their favor and against the rights and freedoms of working people. They brought this case to silence our voice and make it more difficult to join together to advocate for our students and communities.

“But make no mistake: we will not be silent. We are organized and determined to stand together and fight for the resources our students need to succeed.

Take the #RedForEd pledge and stand with NEA as we continue to build a strong union that advocates for the opportunity students need to succeed.

“As we saw earlier this year in state after state that went #RedForEd, educators—joined by parents and community members—are a force to be reckoned with. We will do what it takes to roll back years of funding cuts and to make sure our students have up-to-date textbooks, desks and chairs that aren’t broken, the latest technology, and adequate school buildings.

“Now, we must continue to build this movement by coming together to advocate for students like never before.

So whether you are an educator, parent, or community member, please show your support for strong public schools by taking the #RedForEd pledge today.

“Thank you for your continued involvement with the National Education Association. Your support of great public schools for every child matters more and more every day.”

American Federation of Teachers president Randi Weingarten wrote:

“The Supreme Court may have ruled against us today, but don’t count us out.

“The right-wing extremists on the Supreme Court showed their true colors today. Their thirst for rigging the economy toward the powerful trumped the aspirations and needs of communities and the people who serve them. But, despite this decision, workers are sticking with the union because unions are still the best vehicle working people have to get ahead.

“Our union comprises some of the hardest-working and most compassionate people in the country. Every day, we care for patients, educate and support America’s children, ensure high-quality public services, and provide a world-class system of higher education. Together, through our union, we fight not just for ourselves but for the people we serve. When the Supreme Court overturns 40 years of precedent in an effort to weaken our ability to bargain for what we need, then we have to recommit ourselves to standing together in solidarity.

“Donald Trump, Betsy DeVos, the Koch brothers and Illinois Gov. Bruce Rauner are celebrating right now. The best way to take the wind out of their sails is to show the world that, despite their attacks, we’re sticking together. Let them know you’re sticking with the union.

“Let’s be clear, the Janus case was about defunding unions. It was about who will have power in our country—working people or big corporate interests. That’s why the case was being funded by wealthy donors and corporate interests. First, they pledged $80 million to ‘defund and defang’ unions. Then, the Kochs, after receiving the Trump tax cut, upped the ante with $400 million to undermine public education and ‘break’ the teachers unions. Why? Because unions fight for a better life for people, and corporate interests see that as a threat to their power.

“Strong unions create strong communities. We will continue fighting, caring, showing up and voting to make possible what is impossible for individuals acting alone. And we will continue to make the case—in the halls of statehouses and the court of public opinion, at our workplaces and communities, and at the ballot box in November—through organizing, activism, and members recommitting to their union.

“When we fight for resources for schools, we’re fighting for students. When we fight for safe staffing standards for nurses, we’re fighting for patients. When we have the resources to do our jobs, all of society benefits. We may be a threat to the power of wealthy corporate interests, but by sticking together, we are stronger than their attacks.

“Throughout the day, union members have been sharing selfies and videos on social media. Let’s show the world that we’re proud to be union members. You can start right now: Tell them you’re sticking with the union. Show the people attacking unions that you value your freedom to have a better life and your freedom to have a union.”

SAG-AFTRA president Gabrielle Carteris, who you knew as Andrea Zuckerman on Beverly Hills 90210 but now serves as a vice president on the AFL-CIO’s executive council, said:

“The Court made the wrong decision; a decision in favor of increasing the power of employers at the expense of their workers. Without engaged workers, union protections become more vulnerable. This ruling is a direct attempt to weaken unions, the very organizations who allow workers to speak together as one, to have a voice in their wages, their safety at work, and their healthcare and retirement. The Supreme Court’s decision directly overturns a decision made by the Court in 1977. Have workers lives improved so much that unions can now be so blatantly attacked? Are workers all better off now? Are employers sharing in their success with all those who make them successful? No.

“This shameful decision only serves to strengthen our resolve to find ways to protect working families in this country. Now more than ever as professionals, we must come together and renew our commitment to speak as one. To be strong in the face of all attempts to minimize us. We know that fighting for a better life for you and your family is what unions do. It’s time for unions, and the workers who make them vibrant and strong, to show this court and those who would attack and diminish working people that this is unacceptable. When workers come together, workers win, and that did not change today.”

beverly hills 90210 wikipedia
Beverly Hills 90210 characters: Center: Dylan McKay; Clockwise from far left: Kelly Taylor, Steve Sanders, Andrea Zuckerman, Brandon Walsh, Brenda Walsh, Donna Martin, David Silver (Wikipedia)

WATCH: Florida Evans arguing with her husband over working as a black maid on Maude.

MORE MAUDE: Carol is passed over for a promotion due to gender discrimination.

AND THE MOTHER of all Maude labor episodes: Walter angry after workers at Findlay’s Friendly Appliances decided to unionize. This one starts with the classic opening theme!

It should be noted, also in March, the Florida legislature enacted “significant gun control measures in the state for the first time since the GOP took control … more than two decades ago,” according to the Los Angeles Times.

The historic moment happened weeks after the massacre at Marjory Stoneman Douglas High School in Parkland that killed 17 people – 14 students and three staff members.

Furthermore, Gov. Rick Scott – described by the paper as a “staunch Republican and longtime National Rifle Association member” – did not use his line-item veto authority to remove money from the sweeping $400-million school safety bill “for what many consider the most contentious part of the legislation – a program that allows school employees to bring firearms on campus.”

“The Marjory Stoneman Douglas High School Public Safety Act raises the minimum age to purchase a firearm from 18 to 21, imposes a three-day waiting period for most gun purchases and bans the sale or possession of ‘bump stocks,’ which allow semiautomatic rifles to mimic machine guns.

“The NRA almost immediately filed a federal lawsuit challenging the constitutionality of banning people under the age of 21 from buying firearms.

“Under Florida law, Scott could have used his line-item veto authority to reject the funding for a $67 million ‘guardian’ program that would allow some teachers to volunteer to carry guns after undergoing 132 hours of firearms and 12 hours of diversity training.”

rick scott bill nelson
Gov. Rick Scott (R-FL) vs. U.S. Sen. Bill Nelson (D-FL)

It should also be noted Gov. Scott is expected to be running against longtime U.S. Sen. Bill Nelson.

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Who Trump hates more, Facebook or Amazon? Oh, and Stormy Daniels’ motion to make him speak!

OK. Let’s get this right. Lawmakers and many Americans are angry about Facebook and how it handled 50 million users’ people’s data, but President Trump really hates Amazon.

facebook amazon

First, it’s owned by Jeff Bezos, who also owns The Washington Post, which Trump also hates.

Second, sources told Axios Trump has talked about changing Amazon’s tax treatment – using antitrust or competition law – because he’s worried about mom-and-pop businesses being run out of business.

Today, White House Press Secretary Sarah Sanders told reporters  Trump is “always looking to create a level playing field for all businesses and this is no different.”

The site adds,

“Trump’s wealthy friends tell him Amazon is destroying their businesses. His real estate buddies tell him — and he agrees — that Amazon is killing shopping malls and brick-and-mortar retailers.”

An Axios reporter writes,

“Trump told Axios last year he doesn’t mind Facebook because it helps him reach his audience. He’s an old-school businessman who sees the world in terms of tangible assets: real estate, physical mail delivery, Main Street, grocery stores. It reminds me of the story (Axios co-founder and CEO) Jim (VandeHei) wrote a while back about Trump’s fixation with 1950s life. Amazon takes direct aim at some of the core components of mid-century business.”

usps amazon

One problem with the president’s thinking is Amazon abusing the U.S. Postal Service. On the contrary, one source says, “The post office actually makes a ton of money from Amazon” and it actually added delivery on Sunday in some cities because Amazon made it worthwhile.

Sounds good for some jobs – just not good for some stocks.

social-media

Axios also notes, “The ‘so-called FANG stocks have had a terrible week, losing a combined $168.6 billion in market value over the past five trading days.
— Facebook  down 8.34 percent. $42.12 billion in lost market cap.
— Amazon  down 8.74 percent. $66.3 billion in lost market cap.
— Netflix  down 8.5 percent. $11.49 billion in lost market cap.
— Google  down 6.52 percent. $48.67 billion in lost market cap.”

On the other hand, “Vice President Mike Pence is concerned about Facebook and Google,” according to a source. He argues those companies are dangerously powerful, and is worried about their influence on media coverage, as well as their control of the advertising industry and users’ personal info.

“When private discussions have turned to the idea of busting Facebook and Google, Pence has listened with keen interest and is open to the suggestion that these two companies need shaking up.”

Also being shaken up: The U.S. Department of Veterans Affairs. Tonight, President Trump announced he fired embattled Veterans Affairs Secretary, David Shulkin, and plans to replace him with Dr. Ronny L. Jackson, who is also a Navy admiral.

CBS News reports Shulkin had been under fire for blunders “including reported insurgencies inside his own department to complications surrounding his improper use of travel expenses.”

I’m not aware if Trump fired Secretary Shulkin on Twitter like he did former Secretary of State Rex Tillerson.

CBS noted Shulkin raised eyebrows last summer for traveling to Europe with his wife, at the VA’s expense. Also, “He was one of five Trump cabinet officials whose travel practices were scrutinized by internal watchdogs.”

Plus, “In a 97-page report released last month, the VA’s inspector general found that Shulkin made ‘misleading statements,’ ‘improperly accepted Wimbledon tickets’ and turned an aide into a ‘personal travel concierge’ to plan ‘high tea’ and ‘Roman baths’ at the request of Shulkin’s wife.”

Shulkin worked for the Obama administration. Trump elevated him to lead the department when he took office.

Ronny JacksonAccording to his nominated replacement Dr. Jackson’s Navy biography,

“In 2006, while still in Iraq, Jackson was selected as a White House physician. Since arriving at the White House, he has directed the Executive Health Care for the President’s Cabinet and Senior Staff, served as physician supervisor for the Camp David Presidential Retreat, held the position of physician to the White House and led the White House Medical Unit as its director. He has served as White House physician during the past three administrations and was the appointed physician to the president for President Barack Obama. He currently serves as the appointed physician to the president for President Donald J. Trump.”

Trump – the oldest president in American history – had been treated for decades by Dr. Harold Bornstein, who has an office on New York’s Upper East Side. During the campaign, he wrote a short letter declaring that Trump would be the healthiest individual ever elected to the presidency. Despite that, “He told STAT in December that he had not been asked to move to Washington.”

Today, CNBC reported how “Facebook unveiled a raft of measures aimed at making it easier for users to see and access the data the social network holds on them and make changes where needed.”facebook f logo

First, Facebook “said it redesigned the settings menu on mobile devices to make things easier to find. All the different sections under the settings tab will now be a in a single place.”

Second, it added a privacy shortcuts menu where users can add extra security when logging in, review and delete what was shared – from search history to friend requests – and manage profile information and who sees posts.

Third, according to CNBC, “Facebook is also introducing a tool called ‘Access Your Information’ to let you see the comments you’ve left or posts you’ve shared and delete them. The company also said it will make it easier for users to download their data, such as photos and contacts you’ve added to your account, and even move it to another service.”

person on computer typing facebookFinally, the Terms of Service. New ones are proposed. Facebook says it’ll be updating its data policy to “better spell out what data we collect and how we use it.” The technology firm said that most of the updates “have been in the works for some time,” but the recent events “underscore their importance.”

But that may not be enough. CNBC says, “The changes should help current Facebook users learn more about what data Facebook has, and make it easier to delete that data.” However,

“Facebook also owns two other highly popular applications: Instagram, with more than 800 million monthly users as of September and WhatsApp, with more than 1.5 billion monthly users as of January.

“The company didn’t mention any changes to those apps today, and did not immediately respond to a question about whether the company was planning to update their privacy settings.

“And these apps can collect plenty of information, too.”

Click here for details on Terms of Service for Instagram and WhatsApp.

Also, Mark Zuckerberg has decided he will testify before Congress. Facebook sources told CNN, “The 33-year-old CEO has come to terms with the fact that he will have to testify before Congress within a matter of weeks, and Facebook is currently planning the strategy for his testimony.” This is how he apologized and what he said about that, last week.

 

There has been a lot of pressure from lawmakers, the media and the public after the British data analytics firm Cambridge Analytica improperly accessed the data of 50 million Facebook users at a time political campaigns were increasingly looking to sway voters on popular digital platforms. In 2016, it was the Trump campaign. Politico reported “nobody is certain how much” help it was.

Zuckerberg blamed apps that may be leaking user data to third parties and pledged to crack down on them, plus identify them to us.

As I wrote in my last post, Zuckerberg’s testimony will be before the Senate Judiciary Committee. CNN reported its Facebook sources “believe Zuckerberg’s willingness to testify will also put pressure on Google CEO Sundar Pichai and Twitter CEO Jack Dorsey to do the same. Senate Judiciary Chairman Chuck Grassley (R-Iowa) has officially invited all three CEOs to a hearing on data privacy on April 10.”

Sen. Amy Klobuchar (D-Minn.), who’s on that committee, had said in a statement she wanted to know “what Facebook knew about misusing data from 50 million Americans in order to target political advertising and manipulate voters.”

But The Huffington Post reports she’s not satisfied and wants Cambridge Analytica on the stand next. Plus, it says the House Energy and Commerce Committee also wanted Zuckerberg and sent him a letter, Friday, saying

“The hearing will examine the harvesting and sale of personal information from more than 50 million Facebook users, potentially without their notice or consent and in violation of Facebook policy,” it continued. “The hearing will also explore broader questions about Facebook’s policies at the time Facebook Platform was launched, today, and in the future regarding both Facebook’s use of user information and the access to user information Facebook provides to others.”

Don’t forget, Facebook and other technology companies rely on the tremendous amount of data they gather from billions of their users. That information makes money for their products, services and – most importantly – advertising sales based on user information.

money dollars cents

Also today, Zuckerberg turned down a request from British lawmakers to answer questions on the social network’s privacy practices. He’ll send two deputies instead.

And Monday, the Federal Trade Commission confirmed the existence of a non-public investigation into the company’s user privacy practices.

“The FTC is firmly and fully committed to using all of its tools to protect the privacy of consumers. Foremost among these tools is enforcement action against companies that fail to honor their privacy promises… [T]he FTC takes very seriously recent press reports raising substantial concerns about the privacy practices of Facebook. Today, the FTC is confirming that it has an open non-public investigation into these practices.”

Last week, Facebook shut down a Palestinian news agency’s page for violating the anti-incitement policy by calling murderous terrorists “martyrs.” It reportedly happened after a meeting between Israel’s Justice Minister Ayelet Shaked and a Facebook representative. Safa’s staff claims it’s a legitimate news organization with 1.3 million followers, and the site’s social media manager said it “has not incited to violence and has followed all of Facebook’s guidelines for making posts.”

But World Israel News reports it recently praised the killer of Rabbi Raziel Shevach in a drive-by shooting in January as a “hero.” According to Palestinian activists quoted in the Israeli newspaper Haaretz, some 500 Facebook pages of Palestinians have been taken down since the start of the year.

This comes a week after President Trump signed the Taylor Force Act as part of the $1.3 trillion spending bill. That part of the law – named for a 28-year-old former U.S. serviceman who was stabbed and killed while visiting Israel in March 2016 – cuts financial aid to the Palestinian Authority unless it ends its payments to terrorists and their families.

Meanwhile, Apple CEO Tim Cook is one of Mark Zuckerberg’s biggest critics. Today on MSNBC, he took his most direct shots, questioning Zuckerberg’s leadership.

Meanwhile, for Apple, Cook wants what Axios calls, “a major new location to house technical support staff, among other workers.”

So is Amazon, you may be thinking, but Cook said it won’t be a second headquarters.

He did say:

Of course, Axios points out,

“It’s not like Apple is averse to getting tax incentives when it opens new facilities. Apple is currently the world’s most valuable company and is on its way to a trillion dollar valuation, but Amazon is following close on its tail.

And fitting for the bottom of this column: The porn star and the president.

Stormy Daniels wants to make President Trump answer questions under oath. He may consider it sadomasochism but this morning, her lawyer

“Michael Avenatti asked a federal judge for permission to depose the president and his private attorney Michael Cohen for a period ‘of no greater than two hours’ about a non-disclosure agreement she signed just 11 days before the 2016 election,” as CBS News described it. CBS explained, “The aim of the deposition is to determine if the president had a role in the $130,000 payment from Cohen to Daniels.”

Avenatti appeared on CBS This Morning shortly after filing this 31-page motion you can scroll through, saying it relies on U.S. Supreme Court precedent.

He noted, in the case of Bill Clinton v. Paula Jones, the majority concluded the

“Constitution does not offer a sitting President significant protections from potentially distracting civil litigation.”

“It is well founded, it was well thought out, it’s incredibly documented,” Avenatti told CBS. “It’s well supported by the law and we’re confident” once they “get to the bottom of this,” they will prove America has been told a bucket of lies.”

“We want to know the truth about what the president knew, when he knew it and what he did about it as it relates to this agreement. We’re gonna test the veracity or the truthfulness of Mr. Cohen’s, his attorney’s, statements,” he said.

The motion also references a meeting one week ago between lawyers, during which Avenatti said Trump’s lawyer was unable to answer whether Trump was a party to the nondisclosure agreement. Mark your calendar for a hearing April 30. That’s a Monday.

According to The Washington Post, “About 22.1 million of us settled in during Sunday night’s family hour to watch 60 Minutes and hear what Stephanie Clifford, a.k.a. Stormy Daniels, had to say about her alleged affair with Donald Trump.”

Here is some of Anderson Cooper’s interview, in case you missed it (and don’t say I didn’t warn the target audience that the newsmagazine was starting late!).

This story contains clips, including the parts about Daniels claiming she was threatened with her infant daughter, her lawyer saying Trump’s lawyer threatening to sue her was to intimidate her, and her explaining she lied in the nondisclosure agreement by denying an affair with Trump because of fear.

Click here to watch the whole 60 Minutes interview.

And watch what Anderson Cooper said he thinks will happen next:

The Washington Post published a Kathleen Parker column that says in part,

“While children may have been diverted elsewhere, it is a given that most school-aged youngsters by now have likely heard of the adult-film actress, just as children a generation ago learned about oral sex from a previous president. … This reminds us that indecency is not new to the White House.”

I’ve written how Fox shelved the Diana Falzone story, “in October, 2016, a month before the presidential election in which Trump won. It could’ve been a major scoop and possibly changed the election results.” Two weeks ago, Falzone settled a lawsuit with Fox News and left the company.

Instead, it was this month that NBC News reported:

— President “Trump’s personal attorney used his Trump Organization email while arranging to transfer money into an account at a Manhattan bank before he wired $130,000 to adult film star Stormy Daniels to buy her silence,”

— “The lawyer, Michael Cohen, also regularly used the same email account during 2016 negotiations with the actress … before she signed a nondisclosure agreement,” and

— “Clifford’s attorney at the time addressed correspondence to Cohen in his capacity at the Trump Organization and as ‘Special Counsel to Donald J. Trump.’”

The adult film star claimed she had a one-time sexual encounter with Trump in 2006 – a year after Donald and Melania Trump were married – and was paid to keep quiet about it.

Clifford/Daniels alleges the nondisclosure agreement “she signed when receiving the funds is null due to the lack of president’s signature” and offered to return the $130,000 in exchange to speak freely about her interactions with Trump.

Trump lawyer Cohen (absolutely no relation) has said Trump “vehemently denies” any affair.

Also from The Washington Post:
Click here for the billionaire behind the ads you’ve probably seen about impeaching the president.
Click here for how the administration’s decision to add a question about citizenship in the 2020 Census is being met with fierce pushback from critics, mostly in Democratic states.
Click here to see how a GOP congressman from Philadelphia’s outer suburbs just demonstrated how much of a headache retirements will be for Republicans in 2018’s midterm elections.

P.S. It may not feel like spring everywhere but America’s Pastime returns tomorrow, and get this: Every Major League Baseball team will play. CBS Sports called it “the return of a true Opening Day” and “that hasn’t happened since way back yonder in 1968,” when the schedule was announced, last September.

The Phillies will open against the Braves in Atlanta at 4:10pm, and then play a second away series against the New York Mets. Their home opener won’t be until April 5 at 3:05pm against the Miami Marlins.

trump stormy

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Be nicer to Mike Jerrick, and other thoughts on what’s making news

People who know me can never, ever say I’m not loyal to people I like and respect. You’ll see that in a moment, along with an example of the opposite. (Is your mouth watering yet?)

newspaper jerrick
http://www.philly.com/philly/news/mike-jerrick-good-day-philadelphia-morning-show-format-20180319.html

Yesterday, one of Philadelphia’s daily newspapers published an article called “Is the morning news format that fuels Mike Jerrick’s ‘weird uncle’ shtick on its way out?”

I’m going to give the writer the benefit of the doubt because reporters don’t usually write headlines, and the headline goes after the format rather than the person.

The article started by criticizing Mike Jerrick’s on-air behavior on International Women’s Day, March 8. It quoted Peter Jaroff – assistant professor of media studies and production at Temple University and a former WPVI-6ABC producer – who described the situation perfectly.

Jaroff told the paper,

“You’re supposed to chat and fill up time and be engaging to your audience, and that can get you in a lot of trouble.”

Let me repeat: “Fill up time and be engaging.

He didn’t say for how long or how often. Let’s look at the situation.

WTXF-Fox 29 puts on a six-hour morning show.

(I mentioned people who know me. They also know I hate the phrase “show” rather than “newscast” because a newscast is special with the responsibility of informing people about important current events and controversies – even though they typically air too much crime and too many fires, often without putting any of it in perspective. A “show” can be anything.)

Jerrick is on the air for four hours straight, from 6 to 10am. His broadcast, Good Day Philadelphia, actually starts at 4. (Yes, it’s the same name as all the other local Fox stations call their morning shows because they copy.)

Speaking of copying: Today, were we supposed to look at this and know where St. Mary’s County is? No clues. The company itself owns three Fox 5s. That doesn’t include affiliates. But this didn’t cost a cent!

It begins with hard news. Certainly, a lot of the content is from the day before because very little happens between 11:30pm and 4am, except for the crime and fires.

Jerrick is as good as anybody when he goes on the air at 6.

But let’s start before 6.

mike bio
Mike’s bio, but is it FOX or Fox? (Absolutely NOT Mike’s fault!)

I worked with him for 15 months. I’ve seen him at 5:30am daily, before the public at 6, telling producers and an executive producer his intelligent, educated, experienced opinion – usually right – on what stories he should be talking about and which shouldn’t air. Four hours, or actually six, can be a long, long time – and a lot can happen to change things.

There will never be a TV station that has the staffing it really needs.

Jerrick would start out doing the news, correcting mistakes in scripts based on what aired earlier, what has changed since then and what he knows is the truth. (In other words, somebody else’s mistake.) He won’t let a live reporter go without making sure viewers have all the facts they need.

That may throw off the time, and producers have to go almost by the second – which probably makes them crazy – but realize Good Day Philadelphia producers do two straight hours in the control room. That’s a lot, even for the most disciplined, attentive, anal person trying to get as much new material on as possible.

The producers can’t read every script before they air. Scripts are still being written moments before, especially in breaking news situations. Jerrick and his counterpart, Alex Holley, may be told a few quick points in their earpieces and given a line or two. Very few TV news anchors can do that as flawlessly as they do multiple times every morning, while keeping tabs on what the live picture is showing, or if the signal goes bad.

At 7:30am, there’s often a live interview with a newsmaker, victim, etc. Jerrick and Holley consistently show the right tone, depending on the situation.

I haven’t forgotten their great job with the return of a station intern, wounded in the Orlando Pulse nightclub shooting, who lost a loved one. Or the controversial Philadelphia sugar tax that mostly affects soda. Or the superintendent of the School District of Philadelphia about needing 1,000 new teachers when the other teachers hadn’t gotten a raise in five years and put up a billboard on busy I-95, making sure everyone sees the claim Philadelphia doesn’t value its students. I remember Jerrick and Holley making sure to present both sides, playing devil’s advocate when necessary, and give everyone a fair shot – for journalism and conscience.

mike jerrick alex holley
Mike Jerrick: http://www.fox29.com/about-us/mike-jerrick-good-day-philadelphia-co-host;       Alex Holley: http://www.fox29.com/about-us/alex-holley-good-day-philadelphia-co-host

I know because in each of those situations, I took notes and when each was over, I quickly got in and out points to put the video on the web, and wrote stories that started with the new information Jerrick and Holley were able to gather. Often, they made the interviews memorable experiences and that’s exactly what TV goes for: memorable experiences involving people associated with your station. The bosses get credit, the station makes money, but it’s Jerrick, Holley and company who actually do the work.

I’ll tell you now, I have not watched for a moment since I left last Aug. 10. Too painful. And that personal story is far from over. The people I’m writing about may not know that but their bosses sure do!

So how can Jerrick and Holley go from being hard news people – bringing viewers every new fact possible while guaranteeing their accuracy, while sitting inside a studio – and suddenly become time fillers at 9? They’d have to be extremely talented and well-rounded, or bipolar!

Sure, they report breaking news the executive producer decides is important enough until 10:00, but the *show* transitions from hard news to arguably nonsense and no matter how slowly that process takes, and the audience changes, it still involves the same on-air people.

steve keeley
http://www.fox29.com/about-us/steve-keeley-fox-29-reporter

It’s very rare, but I remember the morning hero, reporter Steve Keeley, breaking three new stories live at three different locations one morning! It’s a combination of his sources and reading everyone’s social media (and I included every police and fire department’s tweets in three states when I wrote everyone’s).

The station is too cheap to hire other people.

STOP FOR A SIDEBAR: All I ever got from the station, other than hard times, was a green t-shirt and hat for the St. Patrick’s Day parade in 2017. Most other places give gift bags when you start.

But I got a Good Day Philadelphia Weekend shirt that one of the anchors, Bill Anderson, actually spent time and money to make all by himself! Don’t believe me? He did that to connect with viewers and increase ratings – and then the bosses took him off the show and gave him a reporting franchise, For Goodness’ SakeSome thanks and appreciation!

Bill is still doing what he does, great reporting, substitute anchoring, and wardrobes.

Yes, folks. This is the fourth largest TV market in America and this is what a local native – great person, great at his job – obviously feels forced to do. Somebody should be ashamed, and it’s sure not Bill!

BACK TO THE STORY: At 9, one of the 4-6am anchors usually joins Jerrick and Holley. They’re given a list of topics to ad lib about. That means no real scripts for them or their director, who has to make sure the right video is playing. Reporters who were on the air earlier usually change stories – not because of news happening, but planned events. Everyone’s time is planned out so there’s no waste, or rest on a bad day.

There’s a lot for the anchors to keep track of while making small talk with weathercaster Sue Serio, the most open, genuine human you’ll ever meet – and traffic reporter Bob Kelly, who has to keep track of all roads and transit in the region, get all the facts as they change without getting confused, and then find the live shots or make the graphics you see without any help. Oh, and then it’s Kelly’s Classroom or Camp Kelly, depending on the season, and Breakfast with Bob weekly.

sue serio bob kelly
Sue Serio: http://www.fox29.com/about-us/sue-serio-fox-29-weather-anchor;       Bob Kelly: http://www.fox29.com/about-us/bob-kelly-fox-29-traffic-reporter

So there’s a hell of a lot that goes on that viewers don’t see, except for the same faces, over and over again. How they seem to know everything – and at that hour – is incredible! They deserve credit, not scorn.

Of course, the viewers want the local angle, rather than the network or cable morning shows. There’s a place for it but honestly, it’s not for me.

I’ve often thought of Mike Jerrick as Johnny Carson. Who except Dom DeLuise and Joan Rivers ever had a public spat with Johnny?

I mean, Jerrick is from the Great Plains (Kansas), smart, funny, and – yes – older. That’s valuable and lacking in too many places today. I wasn’t around when Carson (from Iowa) started on The Tonight Show in 1962 and wasn’t allowed to stay up late enough to see him until I was old enough, and still, a lot was over my head.

No, not everything goes as planned. That’s the nature of live TV. How the people on-air react is what separates amateurs from professionals. The anchors you see on that station I really don’t like are professionals.

So Mike and Alex’s job is basically to fill time, and it works because they’re often #1 in the later time periods. That means they do very, very well – especially because one of their competitors is the nation’s powerhouse station.

Something ironic: The article with the title about a format possibly being on its way out barely touches on history. It used to be a white guy doing the news. Or two white guys. Same with weather and sports. Then came Adam and Eve – a man and a woman. The article quotes University of Maryland journalism professor Linda Steiner as saying network executives see that “as the kind of ideal nuclear family.”

But this isn’t Leave it to Beaver. This is Fox. So you have to expect a little pushing of the boundaries, especially from a station with the brand We Go There.

As seriousness turns to silliness, children have headed out to school. If they’re home sick, how would you compare Jerrick’s behavior to afternoon soap operas in the past? Or to the lowlifes too often seen on daytime talk and reality shows, these days? Do you want your kid watching Maury (a KYW-TV3 alum) or Springer? The difference is, Mike is the serious newscaster, earlier in the morning. (I’ve never asked him which role he prefers, if either.)

And HBO’s John Oliver used Jerrick as an example of someone who spent “the entire day (International Women’s Day) acting inappropriately.”

Yes, times change. Jerrick – with daughters and grandchildren – would be one of the first to support #MeToo.

He also keeps colleagues on their toes and the audience interested. I give management and the parent company no credit for that. Absolutely none. It’s the people you see, and I don’t have a bad thing to say about any of them. And when the show is over, they clean up (if necessary), meet to discuss the good and the bad of the morning, plan the next show, and then go out to shoot all the special segments viewers see. It’s usually not far from 12-hour days.

Do you think all the pre-NFL Draft features happened on their own or by magic? It was big planning, changing clothes and going with the flow – just like at the newsdesk but with a little more wiggle room.

Kellyanne Conway wikipedia
Kellyanne Conway, Wikipedia

So he said “bullshit” when President Trump’s assistant Kellyanne Conway – a local woman – used the phrase “alternative facts” about the Trump inauguration’s crowd size. WHO WASN’T THINKING THAT? And he took his punishment knowing he shouldn’t have used the word, and knowing the station had to pretend to care about Federal Communications Commission rules.

Tom Snyder – who anchored here at KYW-TV3 in the late 1960s – shot a bird on WABC in New York, in the early 1980s. This is how he remembered it, years later, on CNBC.

I can imagine the same situation here.

And who was totally honest about needing to take a few months off?

Nobody is perfect but Mike Jerrick – with the job he has – is pretty damn close. (I can say the same about Alex Holley who, among so much else, has made her own family out in Texas, our own family.) It has earned him promotions and made him a national figure. And I sure hope he’s not working for the money. (I’ve always said money is freedom.)

Ryan Lochte wikipedia
Ryan Lochte, Wikipedia

And don’t tell me Ryan Lochte (pre-2016, Rio) didn’t deserve to be laughed at after his interview,

Robert Kardashian OJ Simpson trial 1995
Robert Kardashian (right) & O.J. Simpson, 1995

along with anything to do with the Kardashian family. (See the newspaper article link.) When I hear that name, I still think about lawyer Robert from my O.J. Simpson days, rather than his unbelievable ex and offspring. (So I’m also a fuddy duddy. Act surprised.)

Dave Garroway 1955 Wikimedia Commons
Dave Garroway, 1955, Wikimedia Commons

I’d never put any of them on my show and I doubt Mike would either, unless they did something SO ridiculous that everyone was talking about it.

The article pretty much says Jerrick found his niche and compares him to the Today show’s first host, Dave Garroway, buried here at West Laurel Hill Cemetery.

So bottom line: Mike Jerrick is the right person for the job, the station is lucky to have him and I will blame any future fall in ratings with changes in front of and behind the camera, or the end of an era – not Mike.

(For the record, I was NOT in contact with ANYBODY associated with the station for weeks before, or while writing. The thoughts are completely my own.)

Speaking of people I like, I can’t say enough about the Marjory Stoneman Douglas High School massacre survivors outside Fort Lauderdale. They’ve spoken forcefully and eloquently about the need for stricter gun laws.

vote voting electionJust wait, but some of them and other high school students will be old enough to vote by this year’s midterm elections. Mark your calendar for Tuesday, Nov. 6. Every member of Congress will be up for (re)election, along with about a third of the Senate.

Plus, 39 states including Pennsylvania and New York (I’ll get to that one in a few moments) will be (re)electing governors, and there will be many state legislature elections. (If I remember correctly, in ancient times in Florida, you could register to vote at 17 but not actually vote until your 18th birthday.)

Then, in two (hopefully) short years, more than half of today’s high school students will be able to vote in the 2020 presidential election.

gun outlineAnyone who dismisses the Stoneman Douglas student group over their ages is stupid because they’ll be voting before you know it, and are already convincing other voters! Same for that Fox News host, Todd Starnes, who was troubled by how Cameron Kasky took down Sen. Marco Rubio, the one-time presidential candidate, over whether he would agree to refuse further political contributions from the National Rifle Association during a CNN Town Hall. (Click here to watch and read it all.)

feature
Cameron Kasky, CNN’s Jake Tapper (a Philadelphia native), Sen. Marco Rubio (R-Fla.)

The young people are absolutely right about the need to make gun laws stricter. As for what changes, there are many so I won’t be specific. However, as powerful as this group and their supporters become, I worry about all the federal judges President Trump is appointing, and at least one justice so far on the Supreme Court. The young people and 100 million other Americans may convince some legislatures to vote their way, but those bills-turned-laws will have to be upheld if challenged.

I’ve mentioned Kasky’s mother has been a friend for many years. Besides beating a sitting senator in a debate, he’s the one who had to leave the 60 Minutes interview that aired last Sunday for a family dinner. (Ask them, not me.)

TVNewser called that episode “on pace to finish with 10 million viewers, which would make it one of the most-watched episodes of 2018.”

It’s not my place to name Kasky’s mother because she has not spoken out publicly (nor does she have to, with her son doing the job much more than adequately), but for those who are getting over school shootings or need a reminder of how devastating the situation has been for not only the community but 17 families, his mother shared this post on Facebook on Sunday.

Carmen Schentrup father

No, there are no words that could comfort that father – certainly not from this NRA woman

nor people who come up with crap like this…

nra instagram example

nor this self-proclaimed “physical education instructon and football coach” in an outer Atlanta suburb with whom I have two friends in common. He apparently feels it necessary to use some dumb “gun permit” that never expires, that somebody made up, as his profile picture. I’ve read his take on gun issues too many times. I think his priorities are off and he has too much time on his hands. I hope we never meet.

roy groshek

Before leaving the topic, a possible solution to the guns-in-schools problem.

This morning, Axios reported “How urban schools avoid mass shootings” (that’s the headline) via the Associated Press that

“As schools around the U.S. look for ways to impose tougher security measures, … they don’t have to look further than urban districts such as Detroit, Chicago, Los Angeles and New York that installed metal detectors and other security in the 1980s and 1990s to combat gang and drug violence”

Also,

“Security experts believe these measures have made urban districts less prone to mass shootings, which have mostly occurred in suburban and rural districts.”

And,

“Officials in some suburban and rural school districts are now considering detectors as they rethink their security plans after the shooting at Marjory Stoneman Douglas High School.”

Let’s hope tougher security measures including installing metal detectors is a solution to save lives.

Now, a slightly less vicious political story (and I mean slightly):

Yesterday, I mentioned Sex and the City’s Cynthia Nixon running for governor of New York against fellow Democrat Andrew Cuomo. (I’m shocked this politician doesn’t have his picture at the top of his official webpage!)

People magazine reported she tweeted alongside a two-minute video,

“New York is my home. I’ve never lived anywhere else. … I was given chances I just don’t see for most of New York’s kids today. …Our leaders are letting us down.”

In the video, Nixon noted she grew up with her single mom in a one-bedroom fifth-floor walkup.

She has been a vocal critic of Gov. Cuomo’s educational policies. According to People, she accused the two-termer of being the main cause of the divide between the state’s “richest” and “poorest schools.”

Today, JTA reported, “Her two eldest children from her first marriage are Jewish and have both been bar- and bat-mitzvahed.” (I hate that phrase! You can’t simply add an –ed to a word that’s not English!)

It also said she’s

“an active member of Congregation Beit Simchat Torah, Manhattan’s most prominent LGBTQ synagogue, and has spoken there multiple times”

including her June 2011 Friday night sermon, the same day same-sex marriage became legal in New York state.

Back then, she lavishly praised Gov. Cuomo for his leadership in making that happen. I wonder if she changed her mind.

Nixon is getting support from former co-star Kristin Davis…

and fellow lesbian actress/activist Rosie O’Donnell…

but now, the New York Post is reporting Nixon is being “denounced” by arguably the Big Apple’s most prominent lesbian politician, former City Council Speaker Christine Quinn.

Besides being the first openly lesbian governor in the U.S., I think Nixon would be the first governor in the U.S. to go topless. Just a thought, for those interested. Or would you have preferred to see Richard Nixon topless?

And rather than me leave you on that last note, there’s an update after I showed you:

* how Rupert Murdoch wanted money from Facebook for having his content on its site (no, people who work for him put it up, in hopes the public will click and see his websites’ articles and advertisements, and help his businesses), and

* how CNN’s Jeff Zucker accused Facebook and Google of having a duopoly or monopoly on money from digital content, and wanted regulators to look into the two companies (even though CNN was a monopoly on 24-hour cable news from June 1, 1980 to 1996 when MSNBC started on July 15, and Fox News Channel went on the air on Oct. 7, except for the 16 months ABC/Westinghouse’s Satellite News Channel competed).

Today, there are two articles that ask, “Can Amazon Chip Away at Google and Facebook’s Digital Ad Dominance?

Adweek reports that yesterday,

“Data aggregator eMarketer … released a report indicating Google and Facebook’s (aka “the duopoly”) dominance of the digital ad market is about to be less dominant, as “smaller players” like Amazon and Snapchat are on the rise.”

And according to Recode,

“Google’s share is expected to decline from 38.6 percent last year to 37.2 percent in 2018, while Facebook could shrink slightly from 19.9 percent to 19.6 percent.”

I guess that should make Zucker, who I compared to a sore loser, pretty happy. He’ll have less of a problem!

Meanwhile, Recode also reported Facebook and Google banned cryptocurrency advertisements, and Twitter is planning to do the same.

sky news logo

Ironically, it says Sky News – which Murdoch owns a minority interest in and is competing with Comcast/NBC to buy the rest, so he can sell it to Disney/ABCfirst reported Twitter’s plan late Sunday night!

comcast fox disney

So let these crypto companies call good ‘ol Rupert and advertise on 21st Century Fox and News Corp. websites. That’s even though Recode says,

“the crypto industry is still new, unregulated and fraught with fraud.”

Shouldn’t stop the mogul from accepting a dollar, or pound, you think?

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Flakes and facts, lots on my mind

Gotta love a snow day if you don’t have anywhere to be. Yes, I have a busy week ahead and things to prepare, but they don’t require going out.

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http://philadelphia.cbslocal.com/cbs3-radar/

The TV people were right this time. It’s almost 1pm and I’m supposedly getting 3 inches of snow an hour, which should end up as 6-10 inches when it’s done, and the snow didn’t even stick at first.

The storm comes less than a week after this last one, last Friday.

2018-03-02 snowy icy friday
March 2, 2018

Luckily, I have lots on my mind to share with you today.

From ugly weather (to those of you in Florida) to an ugly video: Monday, Britain’s Independent reported, “The National Rifle Association has released a video containing a threatening message to journalists, warning them ‘your time is running out.’”

NRA National Rifle Association official logoYou see an angry looking and sounding “conservative political activist and TV host Dana Loesch telling “every lying member of the media” that “we are done with your agenda” and they have “had enough.”

She names lots of media hosts and shows. Then, at the end, she ominously says, “Your time is running out. The clock starts now,” and she turns over an hourglass.

Talk about bitter! Thousands of Americans have stood behind the young survivors of the Marjory Stoneman Douglas High School massacre in Florida that killed 17 of their classmates, as they called on lawmakers to reform the gun rules.

Click here for more details and reaction to the video.

video games

Also Monday, Variety reported President Trump will be talking about gun violence — with leaders of the video game industry!

According to the Entertainment Software Association, which represents major video game makers:

“Video games are enjoyed around the world and numerous authorities and reputable scientific studies have found no connection between games and real-life violence.” … “Like all Americans, we are deeply concerned about the level of gun violence in the United States. Video games are plainly not the issue: entertainment is distributed and consumed globally, but the U.S. has an exponentially higher level of gun violence than any other nation.”

But a group spokesman says they’ll be there anyway.

The entertainment magazine reports after the Parkland massacre, the President said,

“I’m hearing more and more people say the level of violence on video games is really shaping young people’s thoughts.”

The ESA — which operates a voluntary ratings system — said the White House meeting

“will provide the opportunity to have a fact-based conversation about video game ratings, our industry’s commitment to parents, and the tools we provide to make informed entertainment choices,”

but their titles don’t contribute to real-life mayhem.

In 2011, the Supreme Court struck down a California law to restrict minors’ access to video games, ruling it’s protected by the First Amendment.news flash

I’m excited about something else. It’ll help you watch out for hidden agendas in news, or media that knowingly publish falsehoods or propaganda.

The Nieman Journalism Lab announced a start-up initiative called NewsGuard that’ll fight fake news by rating more than 7,500 news sources. NewsGuard says it plans to hire dozens of people with journalism backgrounds and have them

“research online news brands to help readers and viewers know which ones are trying to do legitimate journalism — and which aren’t.”

The ratings will be like a traffic light. A real newspaper publishing good content will get green. A fake news site will get a red. Then, according to Nieman,

“A site that’s not putting out deliberately fake news, but is overwhelmingly influenced in its coverage by a funder that it’s not eager to disclose? Maybe a yellow.”

And the ratings — called “nutrition labels” – will come with “a 200- to 300-word write-up on each source’s funding, its coverage, its potential special interests, and how it fits in with the rest of the news” world since the founders acknowledge not all of the sites in a given color category are equal.

websites

I can’t wait for this to start. The folks behind NewsGuard are Steven Brill (founder of The American Lawyer and Court TV) and L. Gordon Crovitz (former publisher of The Wall Street Journal).

Brill told CNN “algorithms aren’t cutting it, so real-life reviewers are needed to judge reliability.”news websites

They say their “goal is to give everyone the information they need to be better informed about which news sources they can rely on — or can’t rely on.”

Analysts will work in pairs. They may not settle on a rating if they feel they don’t have enough information to be confident, or have editors weigh in if the analysts disagree.news interview

Plus, “The company will also have ‘a 27-7 ‘SWAT team’ that responds to breaking news and news items that are suddenly trending.”
It plans to stay in business by licensing “NewsGuard’s encyclopedia of news sources to social media platforms and search engines” – in other words, GoogleMicrosoft, Facebook and Twitter, which could leave out the reds or use them with a warning – and offering advertising for businesses that “want to be spared any embarrassment that comes from advertising on deliberately fake sites.”generic website

Brill said the tech companies will pay because, “We’re asking them to pay a fraction of what they pay their P.R. people and their lobbyists to talk about the problem.”

Good luck, guys!

Rupert Murdoch wikimedia commonsNow, to Rupert Murdoch’s chutzpah and greediness. In January, he called for Facebook to pay for the content his companies – 21st Century Fox and News Corp. – publish on the site, while it’s Mark Zuckerberg’s company that really does him a favor by distributing the stuff! (You can decide how much the stuff is worth until NewsGuard kicks off.)

Now, the U.K.’s The Register is reporting Facebook “abandoned its ‘fix’ for news after publishers complained about a drop in traffic” and that’ll mean more clickbait for the rest of us.

Facebook had added an Explore tab in October, to show us more from friends and family on our News Feeds, and remove professional publishers.

The Register described a few examples:

“Clickbait-focused publishers such as Buzzfeed had benefited enormously from being promoted on Facebook – and owed much of their success to lightweight ‘shareable content.’ But after the changes, traffic dropped sharply. Facebook rushed to assure publishers it was just a test. It has now formally abandoned the experiment, counting “feel-good news and service content” publisher LittleThings among the casualties.”

facebook f logoOn Feb. 28, the U.K.’s Business Insider reported once flourishing women-focused digital publisher LittleThings closed down, blaming Facebook’s huge algorithm tweak.

The Register explained Facebook has “come under fire” since the 2016 Presidential election. First, the News Feed was “hand-curated by low-paid graduates” but “accused of political bias.” Then it replaced the people “with an algorithm that valued ‘engagement’” but a “low bar for inclusion” exposed more “inflammatory and bogus material.”

It also quoted former senior Facebook exec Antonio Garcia Martinez, who explained how viral content was given a premium value.

“Rather than simply reward that ad position to the highest bidder, though, Facebook uses a complex model that considers both the dollar value of each bid as well as how good a piece of clickbait (or view-bait, or comment-bait) the corresponding ad is,” Martinez said. “If Facebook’s model thinks your ad is 10 times more likely to engage a user than another company’s ad, then your effective bid at auction is considered 10 times higher than a company willing to pay the same dollar amount.”

Donald TrumpAnd Donald Trump’s campaign – which spent very little money – was playing by Facebook’s rules since “rural targets were cheaper to reach than urbanites, and Trump wanted to reach them, so Facebook ad spending proved to be very good value.”

Bottom line, according to The Register:

“The results of Facebook abandoning this particular experiment is that clickbait-hungry publishers will continue to rely on the platform for exposure, rather than building their own brands, and Facebook will rely on clickbait-y free content to keep people on the site. It’s a marriage of the desperate.”

mark zuckerberg facebookThat’s not what I wanted to read.

I suggest Zuckerberg suspend all Fox and News Corp. accounts from Facebook for a week. Every newspaper, TV station, news anchor, etc. That should show ‘em!

Meanwhile, Miami’s CNN’s Jeff Zucker accused Facebook and Google of having a duopoly or monopoly on money from digital content, and wants regulators to look into the two companies.

jeff zucker cnnKeep in mind, CNN was a monopoly on 24-hour cable news from June 1, 1980 to 1996 when MSNBC started on July 15, and Fox News Channel went on the air on Oct. 7. (That’s except for when ABC/Westinghouse’s Satellite News Channel competed from June 21, 1982 until Oct. 27, 1983, and CNN founder Ted Turner bought it.)

Sounds like a sore loser. His ratings stink.

Late last month, he tried to come across as a spokesperson trying to protect good journalism when The Hollywood Reporter quoted him as saying,

“Everyone is looking at whether these combinations of AT&T and Time Warner (his own company, which AT&T wants to buy for $85 billion, and may put his own job in jeopardy -Lenny) or Fox and Disney pass government approval and muster, the fact is nobody for some reason is looking at the monopolies that are Google and Facebook. … That’s where the government should be looking, and helping to make sure everyone else survives. I think that’s probably the biggest issue facing the growth of journalism in the years ahead.”

Government “helping to make sure everyone else survives” sounds a whole lot like President Obama bailing out the U.S. banking and auto industries during the Great Recession. It was probably the best thing he did as President. Philosophically, maybe he shouldn’t have, but nobody can deny it worked and saved jobs.

But the banking and auto industries are not journalism. They’re not protected by the First Amendment. And intelligent people will turn to quality news, even if it’s hard to find, and that has already become harder and harder for years.

Advice for Zucker: Do a better job on TV. In contrast to President Obama, explain why you hired so many digital staffers a year ago, only to lay off roughly 50 of them last month – and why you shouldn’t be one to go.cnn

Vanity Fair reports, “Several high profile digital initiatives are being scaled back.” Media analyst Jeffrey McCall told Fox News the layoffs “seem to suggest that CNN may have outkicked its coverage” and Zucker wanted his digital group to “grow too quickly” before having a “comprehensive plan” in place. Also, “It does seem odd that these cuts are apparently targeted for the digital side at this time, when most strategists seem to think that’s an area for potential growth,” McCall said.

And the kicker (rather than “kick ass”), according to the Fox article,

“Last month, YouTube star Casey Neistat — hired by Zucker on the recommendation of his teenage son — abruptly walked away from CNN less than two years after CNN reportedly paid more than $20 million for his video-sharing startup Beme.”

at&t time warnerTime Warner is a big company. It owned AOL – one of the early pioneers of the Internet – until about the time you were hired. Why didn’t TW compete? Or did it, and free enterprise sent the experiment to wherever those 50 laid off digital staffers are?

According to TV Newser, the Justice Department sued to block the AT&T-Time Warner deal back in November, and the antitrust trial is set to begin March 19.

Zucker, get more people to your website and have your digital salespeople do a better job, you sore loser, or you’ll be out of a job!

comcast new 595x227Back to 21st Century Fox’s Murdoch. He got a black eye about a week ago when Philadelphia-based Comcast (the cable company that also owns competitor NBC) topped his company’s offer to buy the 61 percent of Sky PLC it didn’t already own. That could halt Fox’s attempt to consolidate ownership of the British broadcaster. It has owned 39 percent of Sky for years.

comcast
Today on https://corporate.comcast.com/, obviously important to the company!

But even more importantly, Sky is supposed to be one of many assets Fox plans to turn around and sell to Disney (owner of ABC) — while keeping only its American broadcast network, TV stations (you know by now Fox doesn’t bother list them on its Stations Group website) and plans to buy more, the Fox News Channel and the Fox Business Network — in a separate $52 billion follow-up deal.

But Fox was cheap.

fox sky news disney

Reuters reports Comcast offered £12.50 per share ($31 billion), significantly higher (more than 16 percent) than Fox’s £10.75 per share. (Yes, I know how cheap Fox is. I worked for them. The one exception is the NFL.) Sky already agreed to be sold to Fox, but the British government delayed the takeover because it’s concerned about Rupert Murdoch’s influence. In 2011, he closed the News of the World after its journalists admitted hacking phones to get scoops, but he still owns The Sun and Times newspapers.

Fox promised to keep Sky News fully independent for ten years, but faces skepticism across the pond. And with a ten-year promise, I don’t understand how it could be sold to Disney.

Reuters reports Sky’s shares jumped more than 20 percent, while shares of Comcast, Fox and Disney all fell. So if the Sky-to-Fox first part doesn’t happen, investors may expect a bidding war.

You’ll remember in December, Comcast bid $60 billion for Fox’s assets – “substantially more” than Disney – maybe even $10 billion more, according to Philly.com. But Disney’s bid beat Comcast’s. The Wall Street Journal reported Murdoch “was concerned that a Comcast deal would be opposed by U.S. regulators and instead opted for the lower Disney offer.” The deal still needs approval from the Justice Department.

The Hollywood Reporter says Comcast said at the time:

“When a set of assets like 21st Century Fox’s becomes available, it’s our responsibility to evaluate if there’s a strategic fit that could benefit our company and our shareholders. … That’s what we tried to do, and we are no longer engaged in the review of those assets. We never got the level of engagement needed to make a definitive offer.”

More merger news: Broadcasting & Cable reports eight of the 50 states’ attorneys general came out against the SinclairTribune merger. They told the Federal Communications Commission “it does not have the authority to raise the 39 percent national audience reach cap for TV station groups, that it does have the authority to eliminate the UHF discount” – the old rule that discounts the number of viewers UHF stations reach by half, because they were weaker and harder to watch years ago before modern technology like cable, computers, etc. – and that it should eliminate the discount.

That UHF discount was gone until FCC chairman Ajit Pai – a President Trump appointee under investigation for improperly pushing for rule changes to benefit Sinclair Broadcasting in its attempt to acquire Tribune Media. Now it’s back. Critics say Sinclair has forced local stations to provide favorable coverage to Republican candidates for years.

Ajit Pai fcc wikipedia
Ajit Pai (Wikipedia)

B&C claims Pai is “saying the previous commission should have considered the cap and the discount together, which it is now doing.”

The attorneys general are from Illinois (home to Tribune), Pennsylvania, Iowa, Maine, Massachusetts, Rhode Island, California and Virginia.

They – according to B&C – argue “getting rid of the cap would threaten diversity, competition, and localism, and cites Sinclair Broadcasting, whose Tribune deal would benefit from lifting or eliminating the limit, pointing out that it distributes news stories that must run in its newscasts.”

generic tvIn November, The Baltimore Sun reported Maryland’s attorney general opposed the takeover because “the combination would decrease consumer choices and diversity in the media marketplace.” Sinclair is based in Maryland.

According to The Sun, Sinclair claims “the merger would allow the new company to better serve local viewers with expanded local coverage, better facilities and more programming, delivered in part by operational efficiencies.”

The company announced it would sell several stations to stay under a new cap, but the deals it reached would let it continue to control the New York and Chicago stations it sells, so those big cities won’t count. (Is there ANYBODY who thinks that’s OK?)

WPIXAccording to Variety, Sinclair will sell WPIX-New York for a measly $15 million to Cunningham Broadcasting. More than 90 percent of that company’s stock is controlled by trusts owned by the estate of Carolyn Smith, the late wife of Sinclair founder Julian Smith and mother of Sinclair chairman David Smith. So the Smith children own it. Talk about a shell corporation! Cunningham owns 20 stations but at least 14 of them are run by Sinclair!

WGN-TVAnd it would sell WGN-TV Chicago for just $60 million to Steven B. Fader, chairman of Baltimore-based Atlantic Capital Group and business partner of David Smith in Atlantic Automotive Corp.

Those stations are worth hundreds of millions of dollars, maybe a half-billion.

On top of that, Variety says,

“Sinclair would not only continue to operate the stations and receive the lion’s share of their revenue, but the sale agreement with both buyers gives Sinclair an option to buy the stations back within eight years. That’s seen as a marker for the company to bide its time in the hopes that the FCC relaxes its station ownership restrictions in the near future.”

The $3.9 billion deal – if it goes through – would make the nation’s largest television broadcast company even larger. Sinclair is already largest with 191 stations, while Tribune brings another 42 stations before divestitures. The post-merger reach would be 72 percent of U.S. homes. (Does that include the huge markets of New York and Chicago?)

This is something I didn’t consider in my last blog, about the possibility Fox buys Miami’s CW affiliate WSFL due to the merger, even though it doesn’t produce news, and gives up strong affiliate WSVN – simply to own a Miami station since Miami has an NFL team, the Dolphins. TVNewsCheck‘s editor Harry Jessell reported, “Fox has one other obvious option in Miami. It could buy ABC affiliate WPLG.” Warren Buffett’s Berkshire Hathaway bought it from Graham Media (the former Post-Newsweek) in 2014, and it’s Buffett’s only station.

I’m sure Buffett makes money but he has no vertical integration. Graham was supposed to help run the station after the sale, and it still has a Graham station look. So does its website. Also, Buffett is not the type to get attached (except maybe to Omaha) and would be willing to cash out of the price is right.

If he sells WPLG to Fox, then it makes sense ABC would probably call WSVN. Makes the most sense by far, but I wouldn’t swear on anything. In 1988, CBS seemingly surprised everyone by buying the former WCIX instead of affiliating with WSVN.

Jessell also reported he spoke to Ansin who said Fox hasn’t mentioned anything about “moving into the market and no expression of interest in WSVN.”

I also want to point out another example of a TV network not renewing a local TV station’s affiliation because it competed for viewers in part of a city where the network owned its own station. The last blog mentioned NBC getting rid of WMGM in Atlantic City because of its Philadelphia station, WCAU, and how ABC was much nicer years earlier when it paid the owner of KNTV in San Jose to leave the network because it owned KGO-TV in San Francisco. (WMGM shut down its news department.)

Since then, I remembered NBC dropped WHAG (now WDVM) in Hagerstown, Md., in the middle of 2016 because of Washington, DC’s WRC. Since then, the independent station really became competition, expanding its coverage area by 1.2 million households, also serving Chambersburg, Pa., Martinsburg, W.V. and Winchester, Va.

Also, I learned NBC dropped KENV-DT in Elko, Nev., which served a lot of the Nevada side of the Salt Lake City market. It aired its own news, but was run out of Sinclair NBC affiliate KRNV in Reno. That goliath Sinclair also owns three stations in Salt Lake City, but not the NBC affiliate. KENV is actually owned by Cunningham Broadcasting, and it shut down its news department.

wkptAnd then I remembered something similar in the Tri-Cities of TN/VA, where I used to work. ABC dropped affiliate WKPT, the only TV station owned by Holston Valley Broadcasting. Yes, the station was weak. But no, there weren’t any other local stations that carried news. And no, ABC couldn’t get one of the two that did to change over to ABC. Instead, it made a deal to put ABC on the CBS affiliate’s subchannel! That shows it pays to be big and powerful (in contrast to what happened at Ed Ansin’s two stations in Miami and Boston), and that networks have a lot more possibilities for affiliates when it comes to subchannels. It’s not a good idea to get on their bad side. WKPT dropped local news and I showed you the unbelievable farewell to the main anchor just before that happened!

Thursday Night Football logoAnd Jessell also wrote he’s hearing “Fox is once again pushing the idea that it should represent its affiliates in all retrans negotiation.” That means instead of each station demanding money from cable and satellite companies to carry them, Fox would do the work for them all and send each station its share. It would carry the power of nearly 200 stations, and those stations won’t have to bother negotiating. Of course, Fox would also carry power over the stations, and the network’s opinion is its programming (sports) makes the stations worth more and will take its share. Plus, somebody has to pay for Thursday Night Football!

For me, it was nice peeking out the window and watching the snowstorm as I wrote, but like this blog, and certain stations’ newscasts, it appears to be over.

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http://philadelphia.cbslocal.com/cbs3-radar/

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