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Legal News

: Lawbeat

Liptak's balancing act

By Mark Obbie

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Adam Liptak has now served his time in the Times' "Talk to the Newsroom" feature. Looks like it was a lot of work, considering that the reader questions he chose were mainly substantive, and from all over the legal and U.S. map. There were, however, a few legal-reporting moments worth sharing. Liptak ends the Q&A in a natural, forward-looking place, pondering his move from the national desk's legal affairs beat to the Washington bureau's Supreme Court beat, and on why, as he puts it, "covering the Supreme Court for The New York Times has got to be the best job in legal journalism." But an earlier exchange interested me more, as an articulate comment on journalistic practice in legal stories. It was titled "The Question of Balance":
Q. With regard to reporting important legal issues, as well as with any subject matter, I am curious why getting both sides of an argument is always necessary, aside from being a matter of form and style? If side X says the sky is green, and side Y says the sky is yellow, we are no closer to knowing that the sky is blue. You feel me?— Casey M. Conley, Conway, N.H.A. Excellent question, Casey, and a fundamental one. Let me separate it into two parts.First, facts. Reporters should nail down facts for themselves, from first-hand observation, orginal documents, eye-witnesses, the accounts of participants and so on. If there is a dispute about the facts, reporters should report all of the available evidence and help the reader assess it. There is no reason in the world to quote people who are simply wrong on the facts or to suggest there are two versions of the facts when there is support for only one.Second, analysis. Having laid out the facts as best we can, reporters should help the reader make sense of them. That does not mean dumping a collection of quotations from supposed experts into the paper and leaving the reader to sort them out. At a minimum, beat reporters in a specialized area like the law should be able to provide context and set out the competing arguments authoritatively in their own voice. If an argument is internally inconsistent or has been rejected by the courts, they should say that. If a development tests the conventional understanding of, say, the separation of powers, they should say that, too.
That strikes me as a useful working definition of enterprise journalism -- and a perfect illustration of why critics who yearn for objectivity will never get it from the most intelligent reported journalism. The real question is whether the reporter has the intellectual integrity to be curious and open-minded, and to avoid the ideologue's preference for reaching a predetermined outcome. 

Full post as published by Lawbeat on May 19, 2008 (boomark / email).

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