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Wednesday, August 2, 2023

Hope hits Hollywood, PBS names Jeffrey Goldberg moderator of "Washington Week," CNN grieves, Donald Trump dines with Fox News executives, the CBC blasts Meta, "Barbie" looks to surpass the $1 billion mark in days, and so much more. But first, the A1.

THE A1

The Struggle Over a Source

CNN Photo Illustration/John Paul Filo/CBS/Getty Images

A federal judge handed down a rare and alarming court decision this week that could have significant implications for the free press in America.

Judge Christopher Cooper, of the U.S. District Court for the District of Columbia, issued a ruling to compel CBS News senior correspondent Catherine Herridge to participate in a deposition regarding the identity of a confidential source or sources she used for a series of 2017 stories published while she worked at Fox News.

The order came as a result of a lawsuit filed by Chinese American scientist Yanping Chen against the Federal Bureau of Investigation. Citing documents reviewed by Fox News, Herridge reported that Chen was the subject of a federal counterintelligence probe. Chen has alleged that federal authorities improperly leaked information about her, violating the Privacy Act.

In an effort to prove her case, Chen subpoenaed Herridge and Fox News, with the hope of unmasking the source(s) for the stories. Fox News and Herridge have aggressively fought the move, arguing that Cooper should quash the subpoenas because of First Amendment protections afforded to the press.

But Cooper disagreed with Fox News and Herridge in his Tuesday decision.

"The Court recognizes both the vital importance of a free press and the critical role that confidential sources play in the work of investigative journalists like Herridge," Cooper wrote in the ruling. "But applying the binding case law of this Circuit, the Court concludes that Chen's need for the requested evidence overcomes Herridge's qualified First Amendment privilege in this case."

Cooper was appointed to the bench by Barack Obama, while Herridge and Fox News are being represented by Patrick Philbin, who served as deputy White House counsel under Donald Trump. Both former administrations were known for their aggressive hunting of leakers.

The judge limited Chen's subpoena to a deposition, for now. However, it's unclear whether Herridge and/or Fox News will comply with the order.

Representatives for Herridge, Fox News, and CBS News did not comment when I sent them inquiries.

But Cooper's decision has alarmed press advocates, who worry that it might set a chilling precedent impacting the entire news media.

"Investigative journalism cannot function without credible assurances of confidentiality to sources," Gabe Rottman, a director at the Reporters Committee for Freedom of the Press, told me. "While the Privacy Act provides essential protections for the public, using it to breach reporter-source confidentiality poses significant risks to a free press."

Ted Boutrous, a prominent First Amendment attorney who has represented CNN in previous cases, said he believed Cooper got the decision wrong.

"This is a careful and thoughtful ruling," Boutrous said, "but in my view it strikes an incorrect balance between the plaintiff's need for the information and the First Amendment interests at stake and creates disturbing problems for other journalists in the future who are reporting on federal government investigations and important issues of public concern relating to them."

The case has renewed calls for Congress to pass legislation offering federal protections to journalists. In June, a bipartisan group of lawmakers reintroduced the Protect Reporters from Exploitive State Spying Act, or as it is more commonly known, the PRESS Act. The legislation would offer important safeguards to journalists, including preventing the government from compelling reporters to disclose their sources.

"Requiring journalists to reveal their confidential sources deters whistleblowers and others from coming forward, meaning the public has less access to information," Caitlin Vogus, deputy director of advocacy at Freedom of the Press Foundation, told me Wednesday. "The court's decision in the Herridge case shows the limits of current protections for journalists and sources."

"We need a federal shield law to make clear that reporters can't be forced to burn their sources," Vogus added. "The bipartisan PRESS Act, which is currently pending in Congress, would ban compelled disclosure of journalists' sources and protect reporters from other surveillance. Putting a reporter's shield into federal law is essential to protect journalists, sources, and the public's right to know."

——— BELOW THE FOLD ———

CNN Photo Illustration/Mario Anzuoni/Reuters

Hope in Hollywood: The major studios and the WGA will take a baby step toward negotiating a deal when they get together for a meeting on Friday — the first meeting the parties have had since the writers went on strike nearly 100 days ago. Leaders of the WGA cautioned members on Wednesday not to get their hopes up, Variety's Gene Maddaus reported. But there is some hope that this could ultimately lead to a breakthrough. "I think people are hopeful. Everyone wants to see a resolution to the strikes," a studio executive told me. "And if the parties can sit down and forge a path to a deal, that benefits everyone. No one wants this strike to on." We'll see how it goes.

HOLLYWOOD HELL

"Is this the begging of the end of the writers strike?" wonders Natalie Jarvey. (Vanity Fair)
"Out of work crew members say they're worried about their healthcare, working at places like Target to get by, and may leave the business entirely," Krystie Lee Yandoli reports. (Rolling Stone)
Meryl Streep and George Clooney are leading the donation campaign for the SAG-AFTRA Foundation, which provides relief to striking actors, helping raise over $15 million in just three weeks. (NYT)
The list of Hollywood actors who have donated $1 million or more to the foundation continues to grow. It includes Luciana and Matt Damon, Leonardo DiCaprio, Hugh Jackman and Deborra-lee Furness, Dwayne Johnson, Nicole Kidman, Jennifer Lopez and Ben Affleck, Ryan Reynolds and Blake Lively, Julia Roberts, Arnold Schwarzenegger, and Oprah Winfrey. (The Wrap)

THE INDUSTRY

Getting Goldberg: The Atlantic Editor-In-Chief Jeffrey Goldberg is the next moderator of PBS' iconic program "Washington Week," which will be renamed to "Washington Week With The Atlantic." Goldberg succeeds Yamiche Alcindor, who exited the role of moderator of the 56-year-old program earlier this year. In a letter to readers, Goldberg explained why a partnership between The Atlantic and PBS "makes good sense." Goldberg wrote, "Our two organizations share a journalistic sensibility; both are dedicated to nuanced and incisive reporting and analysis, which, I don't have to tell you, has become harder to find these days." Read his note in full here.

CNN Photo Illustration/CNN

CNN Grieves: Staffers at CNN were in mourning on Wednesday after the sudden death of Melissa Elkas, an electronics graphics operator for the network. The 26-year veteran of the company "experienced a medical emergency" at the New York bureau and "later passed away at the hospital," executives Amy Entelis, David Leavy, Eric Sherling, and Virginia Moseley wrote in a memo to employees. The leadership team remembered Elkas as someone who "touched so many of our lives" and was a mentor to many in the company. "Melissa was a friend to everyone and dear friend to many," the leadership team said. "She was warm, caring and loved CNN and what we do more than anything else. She dedicated her life's work to CNN, to our journalism and to supporting everything we do every day." On "AC360," Anderson Cooper remembered Elkas, recalling her decades at the network and sending condolences to her family. "To say that she was a vital part of CNN," Cooper said, "would be an understatement."

THE FOURTH ESTATE

RIP: "Lois Libien, who broke ground in the 1960s as a female journalist but who attracted her widest readership by providing household hints in books and a nationally syndicated newspaper column, died on July 25 in River Vale, N.J.," Sam Roberts reports. "She was 87." (NYT)
Jake Tapper spoke to Michael Sebastian about his hectic schedule, which somehow still allows him time to write novels: "I get bored very easily," Tapper explained. "When I'm in a hotel room, I don't turn on the TV, I'll do some writing." (Esquire)
The Pew Research Center published a fact sheet on Black and Hispanic news media outlets. (Pew)
The Athletic partnered with State Farm to increase its on-the-ground coverage of the FIFA Women's World Cup. (NYT)

THE MARKET

Reuters beat analyst expectations on its Q2 earnings, with shares slightly rising on the news. (Reuters)
Sinclair reported an 8% year-over-year drop in revenue, touting to investors that a new reorganization of the company will allow it to unlock "hidden value." (Deadline)
Altice USA said it had lost 68,000 video subscribers. (THR)
WWE executive chairman Vince McMahon is "going on leave, right as the company looks to close its blockbuster merger with the UFC," Alex Weprin reports. (THR)
HBO was hit with another round of layoffs, this time in its public relations division, Loree Seitz reports. (TheWrap)
E! was hit with "significant layoffs on the digital side of the company," Natalie Korach reports. (TheWrap)

MEDIA MOVES

Legendary Television hired Jason Clodfelter as president. (Deadline)
ProPublica brought aboard Rob Davis, Audrey Dutton, and McKenzie Funk as reporters for its new Northwest hub. (ProPublica)
Blaze Media hired Matthew Peterson as editor in chief as part of the company's acquisition of two New Founding brands. (Blaze)

THE INFO WARS

CNN Photo Illustration/Drew Angerer/Getty Images

Trump and Friends: Hours after his third indictment, Donald Trump dined with Fox News' most senior executives, The NYT's Jonathan Swan and Maggie Haberman first reported Wednesday. The disgraced former president welcomed network chief executive Suzanne Scott and president Jay Wallace to his Bedminster golf club where they implored him to participate in their GOP debate later this month. (Sean Hannity, Swan and Haberman reported, was supposed to attend, but couldn't make it because he was broadcasting his show.) Whether the pitch to Trump works remains to be seen. Trump has been publicly noncommittal, floating the idea of skipping the debate. He has also spent the last year bashing Rupert Murdoch and feuding with the right-wing channel for not being sufficiently supportive of him. Kristen Holmes, David Goldman, and I have more here.

IN THE BATTLEFIELD

Philip Bump argued that Trump's relationship with Fox News has grown "more complex." (WaPo)
Jake Tapper discussed how MAGA Media portrayed the third Trump indictment, noting how dishonest and ridiculous much of Fox News' coverage was: They continue to "share these lies." (MMFA)
Joe Scarborough ripped Trump's media mouthpieces for "undermining America's confidence in our judicial system." (Mediaite)
Jesse Watters continued to run defense for Trump, claiming the "lock her up" attacks on Hillary Clinton were merely sarcastic, and that the media was "sexually aroused" over the latest indictment. (X)
"The way TV news covers Trump's legal problems could make or break democracy," Lorraine Ali wrote. (LAT)

THE VALLEY

CNN Photo Illustration/Tayfun Coskun/Anadolu Agency/Getty Images

The Chill From Canada: The CBC has come out swinging against Meta for removing access to news content on its Facebook and Instagram platforms in Canada. "Meta's move to deny Canadians access to domestic sources of trusted news and verified information — especially at a time when Canadians are depending on it to stay safe from the harmful effects of unprecedented weather events across much of the country — is irresponsible and an abuse of their market power," the CBC said in a stinging statement. Meta started pulling news from its platforms in response to new legislation set to take effect this year that would require the tech giant to pay news outlets for their content. TV Tech's George Winslow has more here.

TOO MANY TABS

Checked Out: Elon Musk's X will now let verified accounts hide their checkmarks. (TechCrunch)
X is getting hit with one-star reviews in the App Store over Musk's decision to rebrand the platform away from the iconic blue bird. (TechCrunch)
"A timeline upgrade. A web version. And a dozen good reasons to leave Elon Musk's service, now called X": Chris Taylor writes about why "you will come back to Threads sooner than you think." (Mashable)
Reddit recovered after a "major" outage on Wednesday. (Reddit)
Twitch announced it is expanding its ban on gambling streams. (AP)
Meta opened its new A.I. tool, AudioCraft — which creates music from text prompts — to the public on Wednesday. (Reuters)
A group of black hats-turned-technology activists are developing a suite of messaging and social networking apps that don't retain its users' personal data. (WaPo)

CURTAIN CALL

CNN Photo Illustration/Warner Bros. Pictures

Come On, Barbie, Let's Go Party: Can "Barbie" surpass the $1 billion mark this weekend? Deadline's Anthony D'Alessandro hears that could be in play. D'Alessandro reported Wednesday that sources have told him the Greta Gerwig-directed Warner Bros. Pictures sensation might just have a shot at hitting the milestone on Sunday, if not Monday. The movie has, thus far, passed $800 million at the global box office. The film is slated to pass the $400 million domestic mark by tomorrow, meaning it will have reached the milestone faster than "The Super Mario Bros Movie" and "Top Gun: Maverick." D'Alessandro has more here.

► Related: The domestic box office ended July ablaze, with $1.37 billion in ticket sales, the second biggest July on record.

OFF STAGE

Kal Penn is "in the running" to be the next host of the "Daily Show," Loree Seitz reports. (The Wrap)
Sarah Snook sat down with Kate Aurthur to discuss the end of "Succession." (Variety)
Gal Gadot says a third "Wonder Woman" film is still in the works, saying the movie is "close and dear to my heart." (TheWrap)
Several elected California officials — including Lt. Gov. Eleni Kounalakis — are entreating Taylor Swift to put off her Los Angeles concerts to support striking hotel workers. (AP)
Dua Lipa was slapped with a $20 million-plus copyright claim over her song "Levitating." (BBC)
Leah Remini sued the Church of Scientology, alleging she's been "stalked, surveilled, harassed, threatened, intimidated, and, moreover, has been the victim of intentional malicious and fraudulent rumors." (THR)
Josh Rhodes' revival of the 2005 "Monty Python's Spamalot" musical is headed to the Kennedy Center, with preview performances slated for October 31 and opening night on November 16. (WaPo)

Thank you for reading! This newsletter was edited by Jon Passantino and produced with the assistance of Liam Reilly. Have feedback? Send us an email here. We will see you back in your inbox tomorrow.