Times Reporter Sets Limits In Congressional Testimony
I spent part of today watching a video feed of the congressional testimony of Justin Berry and Kurt Eichenwald. Berry, you may remember, was the subject of Eichenwald's extraordinary New York Times story headlined "Through His Webcam, a Boy Joins a Sordid Online World." (I wrote about it in December.) When Berry was 13, he got drawn into the world of online pornography, and today he and Eichenwald appeared before the House Energy and Commerce Committee as part of a hearing on sexual exploitation of children over the Internet.
When Eichenwald first wrote the story, he was criticized by some media observers, including Slate's Jack Shafer, who wrote that he admired the piece but was "astonished at how [Eichenwald] loses control of his 6,500-word investigation when he appears two-thirds through it to serve not as a reporter but as the legal advocate and protector of the now 19-year-old Berry." Eichenwald further tested the appropriate role for a journalist with today's testimony, something he acknowledged in his opening comments. Here's how he opened, according to the transcript emailed to me by the committee:
When Eichenwald first wrote the story, he was criticized by some media observers, including Slate's Jack Shafer, who wrote that he admired the piece but was "astonished at how [Eichenwald] loses control of his 6,500-word investigation when he appears two-thirds through it to serve not as a reporter but as the legal advocate and protector of the now 19-year-old Berry." Eichenwald further tested the appropriate role for a journalist with today's testimony, something he acknowledged in his opening comments. Here's how he opened, according to the transcript emailed to me by the committee:
My name is Kurt Eichenwald and I am a senior writer with the New York Times. My appearance today is somewhat unusual. As a matter of policy, the Times instructs its reporters to decline requests to testify in judicial and legislative settings, because it can serve to undermine our work if we are seen by the public as an extension of the government. In this instance, the Times accepted a subpoena from the committee on my behalf after the committee agreed that I would be asked to provide only published or publicly disclosed information. To the extent that the committee seeks information about reporting processes, I will have to respectfully decline to answer. Nor do I believe it is my place to offer policy suggestions. But, within that framework, I offer the following testimony, which may assist the committee in its exploration of this important issue.When Eichenwald finished, U.S. Rep. Joe Barton, who chairs the House Energy and Commerce Committee, told Eichenwald that he appreciated him coming. He then cautioned Eichenwald against acting like he was doing the committee "a favor" by appearing. When the committee tells you to testify, Barton said, you testify, whether you like it or not.
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