A blog about television by TIME’s TV critic James Poniewozik.

Why Journalists Are Like SCOTUS Nominees

Because of a disconnected cable box (unhooked for TIME's office move) and a desktop Mac that has a hard time with streaming video, I'm not watching the Sotomayor hearings today. But having watched some of the first three days, and having read much of the commentary, it strikes me that you could replace "judges" with "journalists," and the lessons would be the same: 

* Much of our public discourse rests on the official assumption—ridiculous to anyone with common sense—that [judges/journalists] can and should be unaffected by their background, beliefs and life experiences. 

* It's not true, of course. Not only are [judges/journalists] informed by their life experience, they'd be worse at their work if they weren't, because...

* ...it's a myth to believe that either profession always involves finding absolute, objective truths, agreed upon by any rational person, like the laws of math. Both, instead, also involve interpretation and judgment.

* For that reason, it's a good thing for everyone that the profession as a whole include people from as many different backgrounds as possible. This is not for some idealistic reason of pluralism and fairness; it's because it is practically better for society for each profession to bring to bear a breadth of human perspectives on its work.

* But each profession also ultimately bases its work in fact. There's a difference between being informed by your experience and being driven by your preferences. There's a difference between applying your perspective and selectively ignoring facts that don't square with your beliefs. Recognizing that difference involves intellectual integrity.

* If we were all mature enough to recognize that intellectual integrity is the ideal—not some mythical, absolute neutrality—then we could accept that [judges/journalists] could hold beliefs, like any intelligent person does, and yet not be enslaved to them. We would judge them by their work and its integrity, not their adherence to some inhuman standard.

* But we're not always mature enough; or sometimes it's too easy to demagogue someone's beliefs as proof that they are dishonest.

* So we instead engage in the transparently silly public pretense that [judges/journalists] either ideally hold no strong beliefs, or that they should be able to robotically set them aside, in some walled-off part of their brain, like a partitioned-off sector of a computer hard drive.

* Nobody believes this, of course, but it's too risky to be the first to admit it. And so cynicism about each profession only grows. 

* Our public discussion is the weaker, and the more boring, for it.

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  • 1

    I'm not exactly sure what to say except, "Too true."

    Even at the university journalism level, I've seen this kind of thing happen, and it's basically why I've chosen to spend most of my time as a staff writer having things published in the commentary section.

  • 2

    I agree that rationality suggests that such standards are impossible - but does that necessarily mean that we shouldn't have those standards in the first place?

    Judging, like journalism, is a profession that demands a best-effort at neutrality. You suggest that people are going to be affected by experiences - this is absolutely true. But you also say they should be cognizant of a need for 'intellectual integrity."

    But what is intellectual integrity other than putting aside personal preferences to arrive at a dispassionate viewpoint? Of course there are judges (and journalists) incapable of reasoned judgement - but that doesn't mean we should excuse them for it, or remove the expectation from the profession as a whole.

    Of course you're right - reality demands someone who is shaped by their passion but seeks reason. But if you remove an expectation of neutralitly, you'll get exactly what topherwilson likes - a world of mere commentary. Commetary CAN be great - but it can also be divisive, ill-informed, and ultimately reinforcing to existing stereotypes.

    We have expectations for judges and journalists for the same reason we have clinical trials in medicine - to hope for, if never realize, a level of quality.

  • 3

    Humble much? Just kidding. I think the problem with the hearings is that everyone knows that judges are affected by their personal story, but that the nominees can't tip anyone off as to how their personal story will affect their decisions as judges. This was never more evident than in the recent school strip search case of a junior high school girl where the only empathetic justice was a woman.

    I don't live in a state where state supreme court judges run for office, I wonder what that's like? In a sense it doesn't matter that US Supreme Court justices don't run because the people who nominate and affirm them have. Maybe it should be a requirement that once they are affirmed, they have to give out their platform. Just so we know.

    On an unrelated note, are you planning on watching the Torchwood special next week?

  • 4

    [...] Time journalist, James Poniewozik, offered his intuitive perspective on journalism in a blog post entitled, “Why Journalists Are like SCOTUS Nominees.” In his post, he methodically [...]

  • 5

    Excellent post!

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