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Wednesday, August 16, 2023

You're over the hump! The NYT holds a wary eye toward OpenAI, CNN raises money for Maui relief, Alex Wagner marks one-year in prime, Elon Musk reverses X's throttling of news outlets, two advertisers abandon X over pro-Hitler content, Barbie defeats Batman at the domestic box office, and more. Plus, will Donald Trump forsake Fox News and skip next week's GOP debate? The latest from Trumpworld below. But first, the A1.

THE A1

'Vindicated'

CNN Photo Illustration/John Hanna/AP

The Marion County Record has been "vindicated."

That is what the weekly newspaper's publisher, Eric Meyer, told KSHB-TV's Jessica McMaster on Wednesday, immediately after learning that the top prosecutor in Marion County had withdrawn a search warrant executed on the publication's office last week — a move that quickly sparked outrage and condemnation — and returned all seized items.

"[I'm] feeling like democracy won," Meyer said, adding that his 98-year-old mother, a longtime editor at the newspaper who died the day after police raided her home, "didn't die in vein."

It's difficult to see the story through a different lens. The prosecutor overseeing the case, Joel Ensey, said in a statement that after reviewing the police force's application for a warrant, he had also "come to the conclusion that insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and the items seized."

In other words, there should never have been a search warrant executed on the small — but feisty — Kansas publication, as First Amendment advocates had insisted all along. Raids on news organizations, big or small, are exceedingly rare in the U.S. and the Friday seizure of computers, cell phones, and other material from the Marion County Record generated enormous backlash.

In a statement, Clayton Weimers, the executive director of Reporters Without Borders, which has been following the case closely, applauded the move to withdraw the warrant, but called for a greater explanation as to how the search and seizure was allowed to be conducted at all.

"This raid appears to have been a massive abuse of power by local authorities to shutter a local newspaper they didn't like," Weimers said. "RSF welcomes the withdrawal of the search warrant and the return of the Marion County Record's property, but we still need answers as to how this happened. Law enforcement cannot simply raid media organizations at will."

In a conversation with CNN's Jake Tapper, Meyer signaled that the fight between the publication and county isn't over quite yet. Meyer said that the returned computer equipment had been sent to a forensic expert to ensure "nothing was done to them." And Meyer signaled that the newspaper might take legal action against the county.

It's "still up in the air," Meyer told Tapper, in response to a question about whether the outlet will file a lawsuit. "I think it's quite possible because there needs to be a clear line that this is not allowed."

Meyer suggested that the fight between his newspaper and county could help other outlets, particularly those that are smaller across the country by setting an example showcasing an abuse of power by authorities.

"A smaller newspaper might be easily intimidated by this," Meyer told Tapper. "And the bigger statement we can make off of this, the more they're likely to stick up for their rights."

As Meyer said, abuses of power by law enforcement can happen to any journalist or news outlet, no matter how big or small. Press freedom in the U.S. has slipped in recent years, according to RSF, which releases an annual report ranking countries on such grounds. In 2023, the U.S. ranked 45 out of 180 countries, falling three places from 2022.

In this particular case, Meyer acknowledged that the story could have ended with a far worse conclusion for the newspaper had press freedom groups and others not rushed to its aid. He credited the enormous support that the newspaper received for helping it emerge victorious.

"If it weren't for the outpouring of support we got on this," Meyer told McMaster, "we'd probably be out of business by now."

——— BELOW THE FOLD ———

CNN Photo Illustration/Julia Nikhinson/AP

NYT's Wary Eye on A.I.: The Gray Lady is mulling a legal fight with OpenAI. That's according to NPR's Bobby Allyn, who reported via sources Wednesday that lawyers for The NYT are "exploring whether to sue OpenAI to protect the intellectual property rights associated with its reporting." A spokesperson for the newspaper didn't respond to a request for comment I sent over Wednesday. But Vanity Fair's Charlotte Klein published a story earlier in the day about worries inside The NYT about the technology. Klein reported that management at The NYT has "started clamping down" on its journalists potentially using tools like ChatGPT, "warning some desk heads directly about putting any articles or reporting into AI models."

► Meanwhile, The Associated Press on Wednesday released a set of guidelines for its journalists, pertaining to the use of the quickly advancing technology. The wire service stressed that it doesn't see A.I. "as a replacement of journalists in any way," adding that reporters should "not use it to create publishable content." But the AP did say its journalists "may experiment with ChatGPT with caution," among other things.

THE INDUSTRY

CNN Photo Illustration/Paula Lobo/ABC

Broadcasting the Bachelorette Bash: Viewers who tuned into "Good Morning America" were in for a fun surprise Wednesday. The flagship ABC News morning program broadcast a live on-air bachelorette party for co-anchor Robin Roberts and her fiancée Amber Laign. The celebration included Diane Sawyer, Deborah Roberts, Kim Godwin, and Gayle King, along with family and friends. Roberts said through a spokesperson the celebration is one they will "never forget." Executive producer Simone Swink added that the entire show was "thrilled to have been part of the celebration."

Money for Maui: CNN has raised more than $1.9 million dollars for relief efforts in Maui over the last week, a spokesperson for the network told me Wednesday. The network has been directing viewers to its Impact Your World page which allows people to donate to various organizations of their choosing, or simply split their donation among multiple nonprofits. Thus far, more than 21,000 people have donated to help victims of the wildfire.

Wagner's Win: Wednesday marked the one-year anniversary of "Alex Wagner Tonight" debuting at 9pm on MSNBC. And Wagner has shown some serious growth in the ratings. Since the launch of her show, Nielsen data indicates Wagner has grown 5% in total viewers and, more impressively, 23% in the key advertiser-coveted 25-54 demographic. A spokesperson for MSNBC added that August is "on track" to be the show's highest rated month yet.

THE MARKET

Paramount "has dropped its plans to sell a majority stake in its BET Media Group, which includes the VH1 and BET cable networks and BET+ streaming service," Jessica Toonkel reported, citing sources. (WSJ)
Diamond Sports Group alleges in a lawsuit against parent company Sinclair that the company siphoned $1.5 billion from the local sports division. (Bloomberg)
"A group of booksellers, authors and antitrust activists are urging the government to investigate [Amazon's] domination of the book market," Alexandra Alter reports. (NYT)
Looking to sell more subscriptions, YouTube is introducing a monthly payment plan for NFL Sunday Ticket. (Variety)
Sirius XM has been sued for $150 million by SoundExchange which is accusing the satellite radio provider of "gaming the system" to avoid paying higher royalty fees. (Reuters)

HOLLYWOOD HELL

Gene Maddaus reports on how the TV writers room minimum is a sticking point in the WGA's negotiations with the studios. But, Maddaus reports, some showrunners believe it's the "wrong fight" to pick. (Variety)
"This is an existential threat': Todd Spangler speaks to Hollywood insiders about the threat of A.I. for this in-depth cover story. (Variety)
"Blue Beetle" director Ángel Manuel Soto praised the film's cast as "heroes" for skipping the premiere amid the strikes: "They're fighting the good fight." (Variety)
"De Niro Con," hosted by the Tribeca Festival to celebrate co-founder Robert de Niro's 80th birthday, has been postponed. (THR)

THE FOURTH ESTATE

The book market "is beginning to show cracks under new pressures from generative A.I. as the technology cuts a swath across creative industries," Scott Rosenberg reports. (Axios)
Dylan Byers writes about CNN's announced prime time lineup and the exit of Neeraj Khemlani at CBS News. (Puck)
The NYT "is joining tech companies in an attempt to block a new children's online safety law in California that the paper worries would damage its business and amount to censorship," Max Tani reports. (Semafor)
RIP: "Robert H. Giles, who oversaw Pulitzer Prize-winning coverage at two newspapers ... and later served as curator of the Nieman Foundation for Journalism at Harvard University for more than a decade, died on Aug. 7 in Traverse City, in northern Michigan. He was 90." (NYT)

MEDIA MOVES

NPR tapped Eva Rodriguez as vice president and executive editor. (NPR)
NBC News promoted Tom Namako to senior executive editor of NBC News Digital and Shalini Sharma to senior executive editor of NBC News Digital Video Productions. (TV Newser)
Telemundo named Nicole Suárez and Octavio Pulido co-anchors of "Noticias Telemundo Mediodía." (TheWrap)
The NYT announced Thomas Fuller and Michael Levenson as page one correspondents. (NYT)

THE INFO WARS

CNN Photo Illustration/Seth Wenig/AP

Forsaking Fox: It doesn't seem like Donald Trump will attend next week's GOP debate on Fox News. That's what CNN's Alayna Treene reported Wednesday, citing sources within his camp who signaled the disgraced former president is not planning on participating in the event and has done zero debate prep. Instead, Treene reported, Trump is brainstorming on ways to counter program Fox News, including potentially sitting down with the network's former prime time star Tucker Carlson, or calling into another cable news show. Given his feud with Rupert Murdoch, it goes without saying that Trump would certainly take glee in denying Fox News the opportunity to broadcast a melee with him and other Republican contenders, which would surely draw a lot of eyeballs. However, it is also possible Trump will not ultimately be able to resist the big stage of the debate. We'll see.

► Fox's debate moderators are publicly expressing hope Trump will show up. Martha MacCallum tells Vanity Fair's Charlotte Klein that Fox News would "certainly like for him to be there." Meanwhile, Bret Baier tells WWD's Marisa Guthrie, "It's hard for me to believe that the former president is going to walk away from that stage." Baier added to POLITICO's Kelly Garrity, "If he's not there, he'll still be there."

IN THE BATTLEFIELD

Coming up: Fox Business host Larry Kudlow, who served in the Trump administration, is set to interview Donald Trump on Thursday. It will air at 4pm.
Special Counsel Jack Smith has Donald Trump's Twitter direct messages and draft tweets. (Deadline)
A dose of the extreme rhetoric on the right: Charlie Kirk argues Republican attorneys generals, one of whom he said he spoke to this week, should put Democrats in "handcuffs and leg irons" in retribution for indicting Trump. (MMFA)
Meanwhile, Sean Hannity is already setting the stage for a Trump conviction: "Then the trick is gonna be to overturn it." (MMFA)
Glenn Beck said his entire library of shows were removed from Apple Podcasts with no explanation. Hours later, however, when I checked, they were once again available. A rep for Apple did not respond to requests for comment on the matter. (Variety)
Jordan Peterson "was called out by critics who accused his publishers of misrepresenting their negative reviews of his book and reframing them in a deceptively positive light," reports Ken Meyer. (Mediaite)

THE VALLEY

CNN Photo Illustration/Gonzalo Fuentes/Reuters

X'ing Out the Throttle: It appears Elon Musk has reversed his decision to throttle The NYT, Reuters, and some of his social media competitors on X. After a wave of negative headlines Tuesday, the throttling appeared completely gone on Wednesday. A spokesperson for The NYT confirmed to me that after the issue generated significant coverage, the newspaper noticed that the embattled social media company had walked back the move. Reuters also reported that X had confirmed the throttle had been abandoned. The timing of the resolution, which came quickly after the onslaught of negative coverage, is curious, given that it had been an ongoing issue since August 4. A representative for X did not respond to a request for comment.

TOO MANY TABS

Yikes! X was placing ads on an openly pro-Hitler account, despite Linda Yaccarino's claims in a CNBC interview that it is a totally safe platform for blue chip companies to market their products on. After the progressive Media Matters pointed this out, the account was suspended. (MMFA)
In the wake of the Media Matters report, two brands said they were suspending advertising on X after their ads appeared next to pro-Nazi content, CNN's Clare Duffy and Brian Fung report. (CNN)
What a strange decision: X no longer sorts posts on user profiles in chronological order. Instead, it is now sorting posts by likes, meaning years-old tweets are now atop user profiles. (TechCrunch)
"It's a bit too early to call the Meta launch of Threads a disaster, but it's definitely hemorrhaging users and failing to capture any real social media momentum," writes John Brandon, adding Mark Zuckerberg "would be wise to deploy some radically new features" soon. (Forbes)
Tatum Hunter and Heather Kelly write about how TikTok's store is a "dream for creators," but is also "putting shoppers at risk." (WaPo)
OpenAI has made its first acquisition, purchasing A.I. design studio Global Illumination. (TechCrunch)
Snapchat users were alarmed that the social media app's A.I. bot had become cognizant, but the company said it had just suffered a glitch that has been "resolved." (CNN)
Donald Trump will retain control over Truth Social even if he sells most of it, Dan Primack reports. (Axios)
Sama, a Kenya-based company, said it regrets being contracted to moderate Facebook posts after employees were left traumatized. (BBC)

CURTAIN CALL

CNN Photo Illustration/Warner Bros. Pictures

'Barbie' Beats 'Batman': She's broken yet another record. "Barbie" on Tuesday beat back Batman, surpassing "The Dark Knight" to become the highest grossing domestic film ever for Warner Bros. Pictures. The Greta Gerwig film, as of Tuesday, had netted $537.4 at the U.S. box office. Christopher Nolan's Batman epic had earned $536 million when released in 2008. Globally, "Barbie" has passed $1.2 billion globally as it inches closer and closer to passing "The Super Mario Bros. Movie" for the top grossing film of the year. CNN's Jordan Valinsky has more here.

► Speaking of the Nintendo smash hit: "The Super Mario Bros. Movie" has now crossed the $100 million mark at the Japan box office alone, making it Universal's biggest success in that market.

OFF STAGE

A new report alleged Alex Baldwin pulled the trigger on the firearm that fatally shot Halyna Hutchins on the "Rust" set, meaning the actor may still face charges. (CNN)
Saeed Roustayi and Javad Noruzbegi, the duo behind the film "Leila's Brothers," were found guilty in Iran of "contributing to propaganda of the opposition against the Islamic system" and will face jail time. (Deadline)
The members of Coldplay were sued by Dave Holmes, their manager of 22 years, after they parted ways. (Variety)
The Killers apologized after its frontman, Brandon Flowers, ushered a Russian fan on stage during a gig in Georgia and urged concertgoers to treat the fan like a "brother." (BBC)
Leonard Bernstein's family pushed back against criticism Bradley Cooper's prosthetic nose in "Maestro" makes use of offensive Jewish stereotypes. (CNN)
After a fierce campaign from fans, "Warrior Nun" will return as a trilogy of feature films — just not on Netflix. (Deadline)
Ethan Shanfeld wrote about the "Oppenheimer" IMAX 70MM "craze" and how fans are "crossing state lines" and much more to see the film precisely how Christopher Nolan intended it to be viewed. (Variety)

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.