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Fighting ‘the Gawker effect’ in the wake of Weinstein

Makonero

Member
My recent efforts to find a publisher for an article I wrote about allegations involving Roy Price, the head of Amazon Studios, represents one of the most difficult chapters in my decades-long career in journalism. Not only does it show the lengths to which a deep-pocketed subject will go to shut down a negative story, but it reveals the fear that now permeates news outlets at a challenging time for journalism.

The fact that my story, like the recent investigative pieces about now-disgraced mogul Harvey Weinstein, centered around allegations of inappropriate sexual comments in an industry dominated by men also shows how hard it still is to convince big organizations to take on stories about misconduct of powerful executives and the abuse of women.

By the time I was done, I had talks with more than six publications and went through legal review at three. The anxiety is always high when there’s a threat of a lawsuit around a story, but this time, it seemed off the charts. At one point, an attorney reviewing the piece only sputtered when I asked her to explain what, exactly, was legally problematic with portions of the story that she wanted to delete. She literally could not construct a sentence to explain her reasoning.

I fear my difficult experience with this story is not unique. As The Washington Post’s Margaret Sullivan wrote in a piece about “the Gawker effect,” veteran rock critic Jim DeRogatis had great difficulty finding an outlet that would publish his explosive R. Kelly story. In August, Fox News host—now former Fox News host—Eric Bolling sued writer Yashar Ali personally for $50 million for reporting that Bolling allegedly sent lewd texts to colleagues. Harder has threatened to sue the Times on Weinstein’s behalf.

If there’s a silver lining to any of this, it’s that the environment may have changed just a bit, at least for the moment. Emboldened by the women who have stepped forward to tell their stories about Weinstein, Isa Hackett in recent days agreed to go public with her full story about Roy Price, on the record with me.

The Hollywood Reporter, which had declined to run my earlier piece, didn’t hesitate in running that piece on Thursday—all 889 words. Hours after the piece was posted, Amazon suspended Price, effective immediately.

Kim Masters went to many publishers. None would publish her story about Price due to fears of legal backlash. The Gawker effect is real.

Read the whole thing here: https://www.cjr.org/first_person/amazon-roy-price.php
 

Ratrat

Member
Publishing an illegaly acquired sex tape or outing gay men seems a bit different than reporting sex crimes.
 

jorma

is now taking requests
I think it might be more of a "holy shit if this story ends up not being true, we are in so much trouble"-effect.

A Gawker effect would be more of a "oh it seems we no longer can publish anything we want even if we think it would generate a ton of clicks", and if that's gone that's mostly a good thing.
 

Griss

Member
Publishing an illegaly acquired sex tape or outing gay men seems a bit different than reporting sex crimes.

Or outright disregarding a direct order from a judge to remove said article / video.

Honestly, how fucking hard is all of this for people to understand?

I will never understand the Gawker defence force, ever.
 

Dude Abides

Banned
Or outright disregarding a direct order from a judge to remove said article / video.

Honestly, how fucking hard is all of this for people to understand?

I will never understand the Gawker defence force, ever.

How fucking hard is it for people to understand that a media company being bankrupted by a third-party-financed lawsuit for publishing true information about a public figure has a chilling effect on other media organizations considering whether to publish damaging information about other public figures?

Very fucking hard, apparently.
 
Or outright disregarding a direct order from a judge to remove said article / video.

Honestly, how fucking hard is all of this for people to understand?

I will never understand the Gawker defence force, ever.

Not surprising that Peter Thiel stans post here and don't see or don't care about how thoroughly manipulated the courts were by that rich piece of shit sociopath. "B-b-but this is different" is a really pathetic excuse to justify what happened to Gawker. When it happens to other media organizations you'll find a similarly short sighted and weak justification for that, too, I'm guessing.

You can think what Gakwer did was sleazy, but a free press is a free press. Either you stand for a free press or you don't. The encroachment and chilling effect is very, very real even if you refuse to see it.
 

Cat Party

Member
How fucking hard is it for people to understand that a media company being bankrupted by a third-party-financed lawsuit for publishing true information about a public figure has a chilling effect on other media organizations considering whether to publish damaging information about other public figures?

Very fucking hard, apparently.
And remember, the lawsuit was designed to ensure Gawker's insurance wouldn't cover the damages.

Because the purpose of the lawsuit was to bankrupt Gawker.
 
How fucking hard is it for people to understand that a media company being bankrupted by a third-party-financed lawsuit for publishing true information about a public figure has a chilling effect on other media organizations considering whether to publish damaging information about other public figures?

Very fucking hard, apparently.

Yea the gawker hate around here is pretty crazy, they fucked up on outing that gay guy but the hulk hogan thing was a bit more gray imo. The ability for the ultra rich to silence journalists though... That's scary as fuck cause they are the true enemy
 
Gawker is garbage and no one should defend them or hold them up as an example of good or just journalism. They got exactly what they deserved. The Weinstein and Price situations were not equivalent.
 
Just for the record people do know that Gawker had a very strong chance of winning the appeal... but the lawsuit was set up in such a way so that they'd be bankrupted before that to insure they couldn't actually afford to appeal right?
 
Just for the record people do know that Gawker had a very strong chance of winning the appeal... but the lawsuit was set up in such a way so that they'd be bankrupted before that to insure they couldn't actually afford to appeal right?

Of course they don't know that. They just want to pop in, say Gawker deserved it and anyone who defends them is stupid, and then leave. They don't apply critical thinking to the case or do any research. They probably don't even know who Peter Thiel is or what he stands for.
 
Gawker is garbage and no one should defend them or hold them up as an example of good or just journalism. They got exactly what they deserved. The Weinstein and Price situations were not equivalent.

They aren't equivalent but reprisal from these rich subjects is causing publishers to have second thoughts about publishing pieces on then precisely because they are rich and can financially ruin an outlet for dubious and/or no reason at all.
 
Or outright disregarding a direct order from a judge to remove said article / video.

Honestly, how fucking hard is all of this for people to understand?

I will never understand the Gawker defence force, ever.

This was their major fuck up, so one fuck up means everything they did was garbage?
 

Tripon

Member
It's a weird premise for a story because Harvey winestein threatened to sue the New Yorker and NY times and they posted the story anyway.
 

HariKari

Member
Of course they don't know that. They just want to pop in, say Gawker deserved it and anyone who defends them is stupid, and then leave. They don't apply critical thinking to the case or do any research. They probably don't even know who Peter Thiel is or what he stands for.

I'm very familiar with Thiel and what he stands for.

Gawker still got what they deserved.

They aren't equivalent but reprisal from these rich subjects is causing publishers to have second thoughts about publishing pieces on then precisely because they are rich and can financially ruin an outlet for dubious and/or no reason at all.

This predates Gawker's existence. The industry can afford to lose one idiotic, cavalier outlet.
 
It's a weird premise for a story because Harvey winestein threatened to sue the New Yorker and NY times and they posted the story anyway.

Also, because she fully admits to not understanding what her lawyers were explaining to her about the potential legal ramifications of publishing the piece as-is, only trying journalistic operations with certain baseline publishing and clearance standards, having portions of her piece that did meet those standards published, and mentioning the R. Kelly piece that was published as well as the joke Eric Bolling lawsuit that will be thrown out of court. The sky is certainly falling, though.

Ok.
 
Also, because she fully admits to not understanding what her lawyers were explaining to her about the potential legal ramifications of publishing the piece as-is, only trying journalistic operations with certain baseline publishing and clearance standards, having portions of her piece that did meet those standards published, and mentioning the R. Kelly piece that was published as well as the joke Eric Bolling lawsuit that will be thrown out of court. The sky is certainly falling, though.

Ok.

Or, she's saying that the lawyer could not adequately explain why she shouldn't go ahead with her story?
 
This predates Gawker's existence. The industry can afford to lose one idiotic, cavalier outlet.

This is such a clueless defense. Might as well just admit you don't believe in a free press. You believe in a limited press under your own guidelines, guidelines that are outlined by the U.S. justice system, the same justice system that rich white men have been wielding and twisting to their advantage since America was formed. You really have no scope or understanding of how much deeper this goes than simply one journalistic outlet being closed down, and its infuriating.
 

kirblar

Member
Gawker is garbage and no one should defend them or hold them up as an example of good or just journalism. They got exactly what they deserved. The Weinstein and Price situations were not equivalent.
Cosigned.
This is such a clueless defense. Might as well just admit you don't believe in a free press. You believe in a limited press under your own guidelines, guidelines that are outlined by the U.S. justice system, the same justice system that rich white men have been wielding and twisting to their advantage since America was formed. You really have no scope or understanding of how much deeper this goes than simply one journalistic outlet being closed down, and its infuriating.
The problem isn't that they were taken down, the problem is that it took someone like Thiel to do it when they had such a long history of terrible behavior.

There are plenty of gossip rags, plenty of investigative journalists out there with better standards than they had.
 

Dude Abides

Banned
Also, because she fully admits to not understanding what her lawyers were explaining to her about the potential legal ramifications of publishing the piece as-is, only trying journalistic operations with certain baseline publishing and clearance standards, having portions of her piece that did meet those standards published, and mentioning the R. Kelly piece that was published as well as the joke Eric Bolling lawsuit that will be thrown out of court. The sky is certainly falling, though.

Ok.

She never says she didn't understand what the lawyers (not "her" lawyers) were saying. And you're complaining she only brought the piece to actual journalistic outlets instead of the National Enquirer?

Ok.
 

Cerium

Member
Not surprising that Peter Thiel stans post here and don't see or don't care about how thoroughly manipulated the courts were by that rich piece of shit sociopath. "B-b-but this is different" is a really pathetic excuse to justify what happened to Gawker. When it happens to other media organizations you'll find a similarly short sighted and weak justification for that, too, I'm guessing.

You can think what Gakwer did was sleazy, but a free press is a free press. Either you stand for a free press or you don't. The encroachment and chilling effect is very, very real even if you refuse to see it.

"I don't like Peter Thiel" is not a legal argument.

I don't like him either but what Gawker did was essentially revenge porn.
 
Here's the deal about Thiel.... he's a goddamn bigot who openly works to ensure that LGBT folks who aren't billionaires get fucked by the government.... It's actually sort of relevant that he's Gay.


"I don't like Peter Thiel" is not a legal argument.

I don't like him either but what Gawker did was essentially revenge porn.

Ummm...

Thiel is not Hogan.
 

Brakke

Banned
Or outright disregarding a direct order from a judge to remove said article / video.

Of all the details to that case, this was the one thing they unambiguously got right. Higher court vindicated their decision to not take down the post.

You didn’t pay much attention I guess.
 

Xe4

Banned
You said it was revenge porn?

What was Gawker getting revenge on Hogan for?

You can talk about it being wrong without comparing it to things it isn't.
You're right. It was just posting a sex tape of someone online without their knowledge or consent. No revenge involved. So...
 
GAF always seems to know more about the effect of that lawsuit on journalism than journalists themselves.

Yep, even if you fucking depise Gawker, its kinda important to understand what the lawsuit meant for all western journalism (especially considering the shady aspects of the trial)
 

Xe4

Banned
That's not what revenge porn is classified as.

You're right. It was just posting a sex tape of someone online without their knowledge or consent. No revenge involved. So...

Edit: To not come across as shit posting, WTF does the definition matter. Hence the "So..."
 
You're right. It was just posting a sex tape of someone online without their knowledge or consent. No revenge involved. So...

Edit: To not come across as shit posting, WTF does the definition matter. Hence the "So..."

Didn't he also throw out some n bombs during said tape?
 

B-Dubs

No Scrubs
Lawyers have killed stories long before Gawker ever came into existence. If you're accusing someone powerful of something, actually accusing them, and they aren't a politician, you had better have the solid proof or a litany of accusers. If you don't then they won't print. Just because Gawker printed rumor as fact doesn't mean that's how journalism works.
 
Lawyers have killed stories long before Gawker ever came into existence. If you're accusing someone powerful of something, actually accusing them, and they aren't a politician, you had better have the solid proof or a litany of accusers. If you don't then they won't print. Just because Gawker printed rumor as fact doesn't mean that's how journalism works.

Buzzfeed did the same thing with the Steele dossier was that wrong too?

He did (though it came out after the tape had already been released, I think). Hulk Hogan is scum. Do you think that makes what Gawker did in any way shape or form ok?

It changes whether or not that tape would be considered newsworthy. Maybe they should have only played the audio but a public figure being racist is newsworthy no matter the context.
 

B-Dubs

No Scrubs
Buzzfeed did the same thing with the Steele dossier was that wrong too?

The Steele Dossier had been presented to the President and President-Elect of the United States in a national security briefing. That's why they published it, they said that's why they published it. The fact Obama and Trump had been briefed on it made the dossier itself as well as what it said newsworthy.

It's not remotely the same thing. They didn't publish it before that because they had no way to verify it or how seriously it should be taken. Obama and Trump getting it in a briefing meant it should be taken seriously.
 
The Steele Dossier had been presented to the President and President-Elect of the United States in a national security briefing. That's why they published it, they said that's why they published it. The fact Obama and Trump had been briefed on it made the dossier itself as well as what it said newsworthy.

It's not remotely the same thing. They didn't publish it before that because they had no way to verify it or how seriously it should be taken. Obama and Trump getting it in a briefing meant it should be taken seriously.

I bring it up because other journalists sat on that for months, even with the president and President elect having been briefed they were not going to report it. They considered it just rumors and we didn't need to know, but if one of them had published that piece in October maybe we wouldn't be in the darkest timeline.
 

Milchjon

Member
Lawyers have killed stories long before Gawker ever came into existence. If you're accusing someone powerful of something, actually accusing them, and they aren't a politician, you had better have the solid proof or a litany of accusers. If you don't then they won't print. Just because Gawker printed rumor as fact doesn't mean that's how journalism works.

A) That's not at all what killed Gawker.

B) Did you even read the article?
 
ITT: Posting sex tapes of people without their consent is not just acceptable but commendable as long as I dress it up as journalism.

A whole new avenue of wealth has opened up for me. Thanks, GAF!
 

B-Dubs

No Scrubs
I bring it up because other journalists sat on that for months, even with the president and President elect having been briefed they were not going to report it. They considered it just rumors and we didn't need to know, but if one of them had published that piece in October maybe we wouldn't be in the darkest timeline.

If they had published it in October, with zero corroboration, it would have been laughed out of the room. Just like all the other mentions of Russian influence were. You think no one brought up the fact the Russians were screwing around until after the dossier? Hell, Mother Jones did write about the dossier and it got ignored because they had no proof it was legit.
 
You're right. It was just posting a sex tape of someone online without their knowledge or consent. No revenge involved. So...

Edit: To not come across as shit posting, WTF does the definition matter. Hence the "So..."

8aIpJBm.gif


First off, I just wanna say that I cannot believe I'm explaining what revenge porn is to someone on GAF, let alone in general lol

2v8RMWj.gif


Secondly revenge porn is when you have sex with someone (typically an ex or soon-to-be ex) and then make it public as a way of getting "revenge" for them scorning you. As far as I know, nobody at Gawker had sex with Hogan so what they did can't be classified as revenge porn.

I...ugh...rest my case.

r9Z9WMz.gif
 
If they had published it in October, with zero corroboration, it would have been laughed out of the room. Just like all the other mentions of Russian influence were. You think no one brought up the fact the Russians were screwing around until after the dossier? Hell, Mother Jones did write about the dossier and it got ignored because they had no proof it was legit.

It had zero corroboration and no proof it was legit in January. What was the difference?
 
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