JOURNALISM AND THE HIGHER LAW

Volume 1, Number 1, of the first American newspaper was published in

Boston on September 25, 1690. It was called _Publick Occurrences_.

The second issue did not appear because the Governor and Council

suppressed it. They found that Benjamin Harris, the editor, had printed

“reflections of a very high nature.”[1] Even to-day some of his

reflections seem very high indeed. In his prospectus he had written:

“That something may be done toward the Curing, or at least the

Charming of that Spirit of Lying, which prevails amongst us,

wherefore nothing shall be entered, but what we have reason

to believe is true, repairing to the best fountains for our

Information. And when there appears any material mistake in

anything that is collected, it shall be corrected in the next.

Moreover, the Publisher of these Occurrences is willing to engage,

that whereas, there are many False Reports, maliciously made, and

spread among us, if any well-minded person will be at the pains

to trace any such false Report, so far as to find out and Convict

the First Raiser of it, he will in this Paper (unless just Advice

be given to the contrary) expose the Name of such Person, as A

malicious Raiser of a false Report. It is suppos’d that none will

dislike this Proposal, but such as intend to be guilty of so

villainous a Crime.”

Everywhere to-day men are conscious that somehow they must deal with

questions more intricate than any that church or school had prepared

them to understand. Increasingly they know that they cannot understand

them if the facts are not quickly and steadily available. Increasingly

they are baffled because the facts are not available; and they are

wondering whether government by consent can survive in a time when the

manufacture of consent is an unregulated private enterprise. For in

an exact sense the present crisis of western democracy is a crisis in

journalism.

I do not agree with those who think that the sole cause is corruption.

There is plenty of corruption, to be sure, moneyed control, caste

pressure, financial and social bribery, ribbons, dinner parties, clubs,

petty politics. The speculators in Russian rubles who lied on the Paris

Bourse about the capture of Petrograd are not the only example of their

species. And yet corruption does not explain the condition of modern

journalism.

Mr. Franklin P. Adams wrote recently: “Now there is much

pettiness--and almost incredible stupidity and ignorance--in the

so-called free press; but it is the pettiness, etc., common to the

so-called human race--a pettiness found in musicians, steamfitters,

landlords, poets, and waiters. And when Miss Lowell [who had made the

usual aristocratic complaint] speaks of the incurable desire in all

American newspapers to make fun of everything in season and out, we

quarrel again. There is an incurable desire in American newspapers to

take things much more seriously than they deserve. Does Miss Lowell

read the ponderous news from Washington? Does she read the society

news? Does she, we wonder, read the newspapers?”

Mr. Adams does read them, and when he writes that the newspapers

take things much more seriously than they deserve, he has, as the

mayor’s wife remarked to the queen, said a mouthful. Since the war,

especially, editors have come to believe that their highest duty is not

to report but to instruct, not to print news but to save civilization,

not to publish what Benjamin Harris calls “the Circumstances of

Publique Affairs, both abroad and at home,” but to keep the nation on

the straight and narrow path. Like the Kings of England, they have

elected themselves Defenders of the Faith. “For five years,” says Mr.

Cobb of the _New York World_, “there has been no free play of public

opinion in the world. Confronted by the inexorable necessities of war,

governments conscripted public opinion.... They goose-stepped it. They

taught it to stand at attention and salute.... It sometimes seems that

after the armistice was signed, millions of Americans must have taken a

vow that they would never again do any thinking for themselves. They

were willing to die for their country, but not willing to think for

it.” That minority, which is proudly prepared to think for it, and not

only prepared, but cocksure that it alone knows how to think for it,

has adopted the theory that the public should know what is good for it.

The work of reporters has thus become confused with the work of

preachers, revivalists, prophets and agitators. The current theory of

American newspaperdom is that an abstraction like the truth and a grace

like fairness must be sacrificed whenever anyone thinks the necessities

of civilization require the sacrifice. To Archbishop Whately’s dictum

that it matters greatly whether you put truth in the first place or

the second, the candid expounder of modern journalism would reply that

he put truth second to what he conceived to be the national interest.

Judged simply by their product, men like Mr. Ochs or Viscount

Northcliffe believe that their respective nations will perish and

civilization decay unless their idea of what is patriotic is permitted

to temper the curiosity of their readers.

They believe that edification is more important than veracity. They

believe it profoundly, violently, relentlessly. They preen themselves

upon it. To patriotism, as they define it from day to day, all other

considerations must yield. That is their pride. And yet what is this

but one more among myriad examples of the doctrine that the end

justifies the means. A more insidiously misleading rule of conduct was,

I believe, never devised among men. It was a plausible rule as long as

men believed that an omniscient and benevolent Providence taught them

what end to seek. But now that men are critically aware of how their

purposes are special to their age, their locality, their interests, and

their limited knowledge, it is blazing arrogance to sacrifice hard-won

standards of credibility to some special purpose. It is nothing but

the doctrine that I want what I want when I want it. Its monuments are

the Inquisition and the invasion of Belgium. It is the reason given

for almost every act of unreason, the law invoked whenever lawlessness

justifies itself. At bottom it is nothing but the anarchical nature of

man imperiously hacking its way through.

Just as the most poisonous form of disorder is the mob incited from

high places, the most immoral act the immorality of a government, so

the most destructive form of untruth is sophistry and propaganda by

those whose profession it is to report the news. The news columns are

common carriers. When those who control them arrogate to themselves

the right to determine by their own consciences what shall be reported

and for what purpose, democracy is unworkable. Public opinion is

blockaded. For when a people can no longer confidently repair ‘to

the best fountains for their information,’ then anyone’s guess and

anyone’s rumor, each man’s hope and each man’s whim becomes the basis

of government. All that the sharpest critics of democracy have alleged

is true, if there is no steady supply of trustworthy and relevant news.

Incompetence and aimlessness, corruption and disloyalty, panic and

ultimate disaster, must come to any people which is denied an assured

access to the facts. No one can manage anything on pap. Neither can a

people.

Statesmen may devise policies; they will end in futility, as so

many have recently ended, if the propagandists and censors can put

a painted screen where there should be a window to the world. Few

episodes in recent history are more poignant than that of the British

Prime Minister, sitting at the breakfast table with that morning’s

paper before him protesting that he cannot do the sensible thing in

regard to Russia because a powerful newspaper proprietor has drugged

the public. That incident is a photograph of the supreme danger which

confronts popular government. All other dangers are contingent upon it,

for the news is the chief source of the opinion by which government

now proceeds. So long as there is interposed between the ordinary

citizen and the facts a news organization determining by entirely

private and unexamined standards, no matter how lofty, what he shall

know, and hence what he shall believe, no one will be able to say that

the substance of democratic government is secure. The theory of our

constitution, says Mr. Justice Holmes, is that truth is the only ground

upon which men’s wishes safely can be carried out.[2] In so far as

those who purvey the news make of their own beliefs a higher law than

truth, they are attacking the foundations of our constitutional system.

There can be no higher law in journalism than to tell the truth and

shame the devil.

That I have few illusions as to the difficulty of truthful reporting

anyone can see who reads these pages. If truthfulness were simply a

matter of sincerity the future would be rather simple. But the modern

news problem is not solely a question of the newspaperman’s morals. It

is, as I have tried to show in what follows, the intricate result of

a civilization too extensive for any man’s personal observation. As

the problem is manifold, so must be the remedy. There is no panacea.

But however puzzling the matter may be, there are some things that

anyone may assert about it, and assert without fear of contradiction.

They are that there _is_ a problem of the news which is of absolutely

basic importance to the survival of popular government, and that the

importance of that problem is not vividly realized nor sufficiently

considered.

In a few generations it will seem ludicrous to historians that a people

professing government by the will of the people should have made no

serious effort to guarantee the news without which a governing opinion

cannot exist. “Is it possible,” they will ask, “that at the beginning

of the Twentieth Century nations calling themselves democracies were

content to act on what happened to drift across their doorsteps; that

apart from a few sporadic exposures and outcries they made no plans to

bring these common carriers under social control; that they provided

no genuine training schools for the men upon whose sagacity they were

dependent; above all that their political scientists went on year after

year writing and lecturing about government without producing one, one

single, significant study of the process of public opinion?” And then

they will recall the centuries in which the Church enjoyed immunity

from criticism, and perhaps they will insist that the news structure of

secular society was not seriously examined for analogous reasons.

When they search into the personal records they will find that among

journalists, as among the clergy, institutionalism had induced the

usual prudence. I have made no criticism in this book which is not the

shoptalk of reporters and editors. But only rarely do newspapermen take

the general public into their confidence. They will have to sooner or

later. It is not enough for them to struggle against great odds, as

many of them are doing, wearing out their souls to do a particular

assignment well. The philosophy of the work itself needs to be

discussed; the news about the news needs to be told. For the news about

the government of the news structure touches the center of all modern

government.

They need not be much concerned if leathery-minded individuals ask What

is Truth of all who plead for the effort of truth in modern journalism.

Jesting Pilate asked the same question, and he also would not stay

for an answer. No doubt an organon of news reporting must wait upon

the development of psychology and political science. But resistance

to the inertias of the profession, heresy to the institution, and the

willingness to be fired rather than write what you do not believe,

these wait on nothing but personal courage. And without the assistance

which they will bring from within the profession itself, democracy

through it will deal with the problem somehow, will deal with it badly.

The essays which follow are an attempt to describe the character of the

problem, and to indicate headings under which it may be found useful to

look for remedies.

Footnotes:

[1] “History of American Journalism,” James Melvin Lee, Houghton

Mifflin Co., 1917, p. 10.

[2] Supreme Court of the United States, No. 316, October term, 1919,

Jacob Abrams et al., Plaintiffs in Error vs. the United States.

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