From: editor antiochherald.com
To: =yCouncil Members; Bryant, Joel; Meyer, Susannah; Mendoza, Jovita; Pierson, Pa"tanisha; Oerlemans, Tony Cc: webCityClerk; Gale, Darin; David Loy; Ginny LaRoe
Subject: Proposed media policy
Date: Monday, July 22, 2024 8:18:53 PM
CAUTION – EXTERNAL SENDER
Mayor Bryant & Councilmembers,
I'm writing regarding the proposed policy on Tuesday night's council meeting, regarding which members of the media the City will issue press releases to and advertise with and asking you to reject it and not allow it to move forward any further.
While the attempt may be to target one specific news organization, if you come for one of us you come for all of us and I'm not going to sit idly by, remain silent and allow it to happen without a challenge.
While I have tried to always follow what is included in the Society of Professional Journalists' Code of Ethics, and the commandment given to me by an even higher authority - the Highest, actually - of the Golden Rule, in conducting the operation of my news organizations, as the publisher of local newspapers and websites over 18 1/2 of the past 25 1/2 years, my first question is, should you choose to pursue this any further, who would be the arbiter(s) of whether a local media organization is following the Code of Ethics? The mayor, the council, a council subcommittee, city staff members, or an appointed citizens committee or commission? Wouldn't that result in a rather subjective process? Of course it would.
Second, do you not understand this is the United States where we have First Amendment protections of freedom of the press, listed third behind the freedoms of religion and speech? Do you not remember swearing or affirming your oath to uphold the Constitution and defend it against all enemies foreign and domestic? Do you realize by supporting such a policy you would be violating your oath and becoming a domestic enemy of the Constitution? Both our nation and our state are republics, where the law rules, not a majority of elected officials of any government agency or the majority of the voters.
Because, as you will read in the comment by David Loy, Legal Director for the First Amendment Coalition (who, along with Ginny LaRoe, the organization's Programs & Outreach Director, I'm copying on this email), in response to the proposed ordinance, it is unconstitutional and has already been decided by the U.S. Supreme Court, twice.
Mr. Loy wrote, "As the Supreme Court held 50 years ago, the First Amendment prohibits the government from interfering with the editorial discretion of the press. Miami Herald Pub. Co. v. Tornillo, 418 U.S. 241 (1974). The Supreme Court reaffirmed that principle this year in Moody v. NetChoice LLC, 144 S. Ct. 2383 (2024). Accordingly, the First Amendment prohibits the government from requiring the press to adopt, follow, or announce any particular "code of ethics." It also prohibits the government from attempting to reach the same result indirectly by discriminating in placement of advertising or issuance of press releases. Any attempt to do so would violate the core First Amendment rule against discriminating based on the content or viewpoint of speech."
My hope is that the mayor and other two council members will immediately reject this proposal, and the two members who proposed it will recognize their role as public servants, in which country we live and the form of government we have, and stop this fascist and communist attempt which is a first step toward tyrannical government - limiting freedoms, as well as the role of the media to hold them and all government officials accountable in the carrying out of their duties and expenditure of public funds.
As a former elected official, myself, I didn't always like what the media wrote about me while I was in office, especially when I thought it was unfair or twisted. But I did my best to both educate the reporters and the public of the facts to offset any misinformation that might be out there. But I never tried to limit the media or even thought to.
Finally, as I've told elected officials in the past who have complained about what has been published about them in media I have owned, if you don't like what's being written about what you say, don't say, do or don't do, that's true, then stop saying and doing those things or don't serve in public office. It's really that simple.
If it's not true, then you have other remedies such as a letter to the editor/op-ed, posting something on social media as Vice Mayor Meyer did this past week in an attempt to dispel any false rumors about something that occurred in her personal life, or in the most extreme, rare case, you can take legal action.
Thank you for your consideration of this matter.
To: City Clerk Margaret Wimberly, please include my comments in the meeting minutes, and if the mayor reads them during the meeting, I'm asking that he reads my comments into the record, as I will probably not be in attendance as I have the Antioch City Council meeting to cover during that time.
On a side note, nowhere on the City's website can I find the name of your city attorney. So, I was unable to copy him/her on this email. You should include their photo, name and email address, rather than require the use of an online form in order to contact them. Have you hired one for the position, yet?
Frankly, whomever that is, either full-time or a part-time contractor, should have informed the two council members at the outset of the unconstitutionality of their proposal to avoid wasting all of our and, more importantly, the public's time having to deal with it.
Allen D. Payton
Publisher & Editor
Antioch Herald
Contra Costa Herald
[email protected]
Cell
antiochherald.com
contracostaherald.com
Facebook/antiochheraldca
Facebook/cocoherald
Twitter @antiochheraldca
Twitter @cocoherald
101 H Street, Suite 3
Waldie Plaza
Antioch, CA 94509
(925) 281-3300 Office
From: [email protected]
To: =yCouncil Members; Ogden, Tim; Bryant, Joel; Mendoza, Jovita; Meyer, Susannah; Pierson, Pa"tanisha; Oerlemans, Tony
Subject: Proposal involving SPJ Code of Ethics
Date: Tuesday, July 23, 2024 9:20:24 AM
CAUTION – EXTERNAL SENDER
To Mayor Bryant and members of the City Council:
I write to you as a current member of the Society of Professional Journalists' Ethics Committee and a former chairman of the committee.
On Monday, I read a Contra Costa News story that said: "On Tuesday, the Brentwood City Council will discuss requiring media outlets used by the City or receiving press releases be held to the Society of Professional Journalists Code of Ethics. The item will be discussed under Future Agenda Item requests where they discuss requiring media outlets with which the city spends money on advertising, or that distribute City press releases, be held to the Society of Professional Journalists Code of Ethics and that those organizations state publicly that they follow those guidelines."
I followed up today by looking at the agenda and saw that, indeed, there is such a proposal listed for tonight's meeting.
This proposal jumped out at me, and requires an immediate response, because it is a fundamental misuse and misinterpretation of the SPJ Code of Ethics.
I urge you to read the code to learn more about it and understand it.
It is on SPJ's website:
https://www.spj.org/ethicscode.asp
The code is a set of aspirational principles for journalists to consider as they practice their craft. SPJ firmly objects to any attempt — especially by a government body — to portray the code as a rulebook or anything similar.
The code encourages journalists to ask questions and consider principles, then decide the best actions. There are no right or wrong answers, since the best decisions and courses of action can vary by circumstance and individual interpretation.
The preamble to the code helps explain:
The SPJ Code of Ethics is a statement of abiding principles supported by additional explanations and position papers that address changing journalistic practices. It is not a set of rules, rather a guide that encourages all who engage in journalism to take responsibility for the information they provide, regardless of medium. The code should be read as a whole; individual principles should not be taken out of context. It is not, nor can it be under the First Amendment, legally enforceable.
The proposal described in the news story and on the agenda represents a distortion of the code. I encourage you to reject it.
If you have any additional questions about the SPJ Code of Ethics, members of SPJ's Ethics Committee would be happy to answer those questions and explain further the code's purpose.
Thank you for allowing me to weigh in on this matter.
-Andy Schotz
Member / former chairman
SPJ Ethics Committee
July 23, 2024
VIA ELECTRONIC MAIL
Councilmember Jovita Mendoza
Vice Mayor Susannah Meyer
City of Brentwood
City Hall, 150 City Park Way
Brentwood, CA 94513
Re: July 23 City Council Meeting: Agenda Item J.1
Dear Councilmember Mendoza and Vice Mayor Meyer:
We are writing to let you know that your idea for discriminating against news outlets is unconstitutional, no matter how well intentioned it might be.
In the United States, the government cannot control editorial decisions of news organizations or require them to follow any particular ethical code, yet that is what you have proposed to discuss.
Agenda Item No. J. 1 for today’s meeting of the city council says you have requested the council “discuss requiring media outlets with which the City spends money on advertising, or that distribute City press releases, be held to the Society of Professional Journalists Code of Ethics and that those organizations state publically that they follow those guidelines.” While journalists are free to adopt ethical guidelines, such as the Society of Professional Journalists’ Code of Ethics, the government may not dictate that the press do so. As the Supreme Court held 50 years ago, the First Amendment prohibits the government from interfering with the editorial discretion of the press. Miami Herald Pub. Co. v. Tornillo, 418 U.S. 241 (1974). The Supreme Court reaffirmed that principle this year in Moody v. NetChoice LLC, 144 S. Ct. 2383 (2024). Accordingly, the First Amendment prohibits the government from requiring the press to adopt, follow, or announce any particular "code of ethics." It also prohibits the government from attempting to reach the same result indirectly by discriminating in placement of advertising or issuance of press releases. Any attempt to do so would violate the core First Amendment rule against compelling speech or discriminating based on the content or viewpoint of speech. (It’s worth noting that SPJ offers its code of ethics as principles journalists may aspire to, but it opposes using it in the manner you propose.) Given these First Amendment protections, we expect the city to take no action on this proposal.
If any member of the city council or city staff wishes to deepen their understanding of these bedrock press freedom protections, we are happy to discuss further.
Please do not hesitate to contact Ginny LaRoe, advocacy director, First Amendment Coalition ([email protected]), or Joe Fitzgerald Rodriguez, president, Society of Professional Journalists Northern California Chapter ([email protected]). 534 Fourth street, suite b • san rafael, ca 94901 • 415.460.5060 •firstamendmentcoalition.org
Thank you for your attention to this matter.
FIRST AMENDMENT COALITION
Ginny LaRoe
Advocacy Director
SOCIETY OF PROFESSIONAL
JOURNALISTS, NORTHERN CALIFORNIA
Joe Fitzgerald Rodriguez
President
cc: Joel R. Bryant, Mayor
Pa'tanisha Pierson, Councilmember
Tony Oerlemans, Councilmember
Tim Ogden, City Manager
Margaret Wimberly, City Clerk
Katherine Wisinski, City Attorney
From: JD
To: =yCouncil Members; webCityClerk
Subject: Item J.1
Date: Monday, July 22, 2024 11:55:28 PM
CAUTION – EXTERNAL SENDER
J. REQUESTED FUTURE AGENDA ITEM(S)
J.1 A Request from Vice Mayor Meyer and Council Member Mendoza to discuss requiring that
media outlets used by the City be held to the Society of Professional Journalists Code of
Ethics
Title/Recommendation
That the City Council consider and discuss the request from Vice Mayor Meyer and Council
Member Mendoza to discuss requiring media outlets with which the City spends money on
advertising, or that distribute City press releases, be held to the Society of Professional
Journalists Code of Ethics and that those organizations state publically (sic) that they follow
those guidelines.
Mayor Bryant and Councilmembers,
Good evening. Brentwood is off our grid but the referenced future agenda item caught our eye.
Allow us to weigh in. We'll be brief.
We have worked at a metropolitan daily newspaper (S.F. Examiner) and, more recently, in the digital environment for the last 45 years - long enough to watch traditional media began its long, slow slide toward obsolescence. We looked for a better way to deliver the news and built it.
Today, we're alive and profitable, but the environment is increasingly challenging as civic agencies restrict access to public information, more roadblocks are imposed than avenues of access provided and we're identified as "enemies of the people."
That view has been countered by the number of people who rely on us to bring them the news, and daily support from our readership. We are, therefore, concerned whenever we hear of government agencies attempting to further restrict and control access to public records and documents.
We question the need for the requirements you are considering, would ask who is left to decide if the news outlet in question is in violation of the standards you have set, and - of course - what requirement or restriction comes next.
We do hope you would reconsider this course of action.
All best,
J.D. O'Connor
Senior Editor
--
NEWS24/680
From: [email protected]
To: Wimberly, Margaret
Subject: Public Comment: J1
Date: Tuesday, July 23, 2024 3:15:11 PM
CAUTION – EXTERNAL SENDER
Hello,
I am against Item J.1 as it might be one of the most unamerican policy I’ve seen come out of the mouth of anyone on the Brentwood City Council in over a decade---its almost “China Like”. I would urge the entire Brentwood city council to do away with item J.1 and focus on actual real issues in the city of Brentwood.
If you don’t like the coverage, then I suggest you be an adult, reach out, and we can discuss it. Before anyone suggests this policy, perhaps everyone on the council could sign its own others before suggesting others follow another set.
Mike Burkholder
From: valerie cauley
To: =yCouncil Members
Subject: Society of Professional Journalists Code of Ethics Date: Monday, July 22, 2024 11:02:55 PM
CAUTION – EXTERNAL SENDER
HelloOn July 22, 2024, Sinziana Todor posted on Facebook her opinion that the City Council should implement an ethic policy requiring media outlets with which the City spends money on advertising, or that distribute City press releases, be held to the Society of Professional Journalists Code of Ethics. Below please find my response to her post:
I just read through the Code of Ethics. Much of the language is subjective. My concern is who is the arbitrator of this? I’m sure there is good intention behind this; however, this leads to a very slippery slope. For example, who determines what oversimplify means? Show compassion? Use heightened sensitivity? Who determines the level of compassion and sensitivity?
We already have a system in place and it’s called the First Amendment. The courts are the place to settle issues. For example, a news outlet that publishes false information about someone can be sued for libel.
If one feels that a story is false or a serious national security concern, the courts then get involved.
Sinziana states that she agrees with implementing the ethics policy because she doesn’t want money spent on unethical organizations. Who determines what is ethical or not? You certainly can’t go by this Code of Ethics since it uses such ambiguous words.
I am very concerned with who would police this. Once you start limiting press releases to just organizations you agree with, we no longer live in a free society. Just because you disagree with someone does not give you the right to quash their ability to write what they want as long as it is not a defamatory statement or a national security concern.
I urge you not to implement an ethics policy requiring media outlets with which the City spends money on advertising, or that distribute City press releases, be held to the Society of Professional Journalists Code of Ethics.
Thank you for considering,
Valerie Cauley
Resident of Brentwood