4 hours ago

The real bias monitor at CBS is Donald Trump | Seth Stern

News outlets, including CBS, are free to run their editorial operations as they see fit. If they independently decide to hire a bias ombudsman, that’s their prerogative. If they think the best person to monitor bias at this moment is a career partisan like Kenneth Weinstein, that’s cause to question their judgment, but not necessarily a first amendment concern.

That all changes, however, when the monitoring is at the behest of the federal government. And that’s what’s going on at CBS. The creation of the ombudsman role was one of many capitulations CBS’s owners made to the Trump administration to persuade the Federal Communications Commission to approve the Paramount-Skydance merger.

Other concessions included a commitment to end DEI and, of course, the $16m dollar bribe to Trump, laundered as a settlement payment to resolve his frivolous lawsuit over 60 Minutes’ editing of an interview with then vice-president Kamala Harris. Two days after the check hit, the FCC approved the merger. And though Paramount denies it, Trump claims there was also a side agreement to sweeten the deal with $20m in pro-Trump PSAs.

Given the original sin of that rotten transaction, there is no room for benefit of the doubt when it comes to Weinstein’s hiring.

The day the hire was announced, the FCC chair, Brendan Carr – known for his lapel pin with a golden bust of Trump – told the Wall Street Journal that his supposedly independent agency was “fully aligned with the agenda that President Trump is running”. When it comes to the press, that agenda is clear: censorship and retribution.

Weinstein’s past Trump bootlicking raises questions about whether he’s too biased to monitor bias. Soon after the administration extracted its latest surrender from CBS – a commitment to no longer exercise its constitutional right to edit interviews, in response to criticism from the homeland security secretary, Kristi Noem – it was reported that Weinstein had deleted his X account.

So the man tasked with policing transparency at CBS is already obscuring his own words? Not a great start as a journalistic ethicist.

David Ellison, CEO of the new Paramount Skydance Corporation and son of Larry Ellison, who recently became the world’s richest person, insists Weinstein won’t report to the government. The ombudsman role is about transparency, not oversight, he claims. It will ensure that CBS showcases “varied ideological perspectives”, presumably including that of his dad’s buddy in the White House, who also wants to broker a deal for the Ellison family to control TikTok.

One might argue that a serious bias monitor would focus on whether journalists’ biases (and yes, journalists have biases like everyone else) interfere with their pursuit of truth rather than implementing a nonsensical “all perspectives are created equal” policy. But again, absent government interference, Ellison’s entitled to write the job description as he sees fit.

The government, however, apparently does intend to oversee – and, if it sees fit, interfere with – CBS’s bias policing. Carr reportedly said his agency was in a “trust but verify posture”, when it comes to the anti-bias commitments it unconstitutionally extracted. He noted: “When you make a filing at the FCC, we have rules and regulations that deal with false representations to the agency,” adding that his agency was “going to stay in touch with [Paramount] and track this issue”.

In other words, the FCC is positioned to use Paramount’s seemingly coerced commitments during the merger process – including the bias ombudsman – to punish CBS if it steps out of line, or better yet, make it think twice about doing so in the first place. An independent bias cop would be all over the Columbia Journalism Review’s reporting on Thursday on alarming corporate meddling, by old and new ownership alike, in an effort to slant the network’s coverage in Israel’s favor. What an opportunity to hit the ground running! But don’t hold your breath.

Legally, the government cannot use regulatory penalties as an end run around the constitution to control the news. As a prior version of Carr said in 2021: “A newsroom’s decision about what stories to cover and how to frame them should be beyond the reach of any government official.”

But that assumes a government that respects the limits of its authority. The United States doesn’t have one of those. If this administration needs a pretext to punish CBS, it’ll find one – whether it’s alleged misrepresentations to regulators or some other bizarre theory government lawyers have yet to dream up.

And don’t expect the FCC to push back. My employer, Freedom of the Press Foundation, filed an attorney disciplinary complaint against Carr in July, which included a laundry list of his overreaches and extra jurisdictional actions, from threatening corporate owners of cable news networks that don’t air Trump’s press conferences to efforts to meddle in online content.

The FCC regulates neither cable news nor online speech, and Carr knows that. He also knows he can’t force even those he does regulate to broadcast whatever he wants. But those on the receiving end of Carr’s correspondence understand that he’s not speaking to them as an independent regulator but as one of Trump’s henchmen. It isn’t about whether they violated whatever regulation he cites (if he even bothers), it’s about whether they’re kissing the ring emphatically enough for his boss’s liking.

The Trump administration has abused its powers to shake down Paramount and secure a foothold inside CBS’s newsroom. That doesn’t mean CBS will never criticize Trump again – that would be too obvious. But its owners know they might get slapped if it goes too far. That’s enough to tame a watchdog – especially a corporate one that prioritizes endeavors more lucrative than defending the first amendment.

The new CBS might not quite be state media, but it’s certainly going to be state-supervised media. Congratulations to Weinstein on the title, but the real bias ombudsman is Donald Trump.