Can a Journalist Have a Different Opinion than Her Publisher?

Can a journalist have an opinion different from her publisher and keep her job? Not in Miami these days, if the case of Trisha Posner, Ocean Drive's monthly "Health Watch" columnist is any barometer. Trisha, a journalist -- and my wife -- committed the fireable offense by appearing for 45 seconds in an 8 minute video shown before the Miami Beach Planning Board, supporting the notion that her South of Fifth neighborhood was a residential one, and that a loophole allowing large hotels and entertainment complexes should be closed (the video is on YouTube).

The video, directed by Emmy-award winning documentarian, Robyn Symon, was the opening of a contentious meeting in which dozens of local residents squared off against a phalanx of real estate developers, high powered attorneys, some of the town's best lobbyists and publicists, and representatives of the hotel and entertainment industry. Trisha did not speak at the event, but in the video, introduced herself. "Hi, I'm Trisha Posner. I'm a journalist and columnist for Ocean Drive magazine. I am married to Gerald Posner, the author."

A publicist for a large hotel complex, waiting for Planning Board approval, called her counterpart at Ocean Drive. That hotel advertises in the magazine. What was somebody working there doing advocating restrictions on how fast and large the entertainment industry could expand? Ocean Drive, an oversized, glossy lifestyle magazine is the weight of a good doorstop. Its hundreds of pages are crammed with ads for hotels, nightclubs, dance parties, restaurants, and luxury real estate developments. The idea that a columnist, even a freelance one, might say something that could affect an advertiser, sent the magazine's publicist into frenzy. She ran up and down the aisles of the magazine's Washington Avenue headquarters looking for Powers, who was already at home.

When she reached him, he rushed to City Hall (the only time veterans there ever recall him making a public appearance on any political or development issue). The hearing on the zoning reform was long over. But he enlisted the help of a former mayor, Neisen Kasdin, to get him before the microphone, where Powers told the Planning Board that Ocean Drive was "in favor" of entertainment and hotels in South Beach. And as he stormed out of the room, he looked at the president of a local homeowner's association, and said, "And Trisha Posner is fired!"

No one from Ocean Drive told Trisha. But when several people at the hearing called to tell her of what had happened, she called her longtime editor, Eric Newill. He informed her that while her September column would run, as it was already printed, her already submitted and accepted October column was cancelled. Moreover, her services were no longer needed. Editor-in-Chief, Glenn Albin, later confirmed to her that she was dismissed.

When a Miami Sunpost reporter called Ocean Drive for a comment, Powers, Albin and Newill all refused. The next day, when Richard Johnson of the NY Post's Page 6, also sought a comment for a piece he was writing, no one from the magazine returned his calls.

Powers finally made his first public statements to Miami Herald's Joan Fleischman, writer of "Talk of the Town." He protested that he had not fired Trisha because of her opinion, but rather that she had used the Ocean Drive logo in the video. He's wrong, it was never used. "I didn't even know what the issue was," he claimed to Fleischman, "it was something about the development of restaurants and hotels."

"I never knew it was verboten to say who you work for," says Trisha. "Powers took a pinhead and made it into a volcano. I guess you can't work at Ocean Drive if you have a social conscience."

In an era of ever increasing corporate consolidation of the media, dismissals like that of Trisha Posner are stark reminders of how low on the totem pole freelance writers are often considered by their publishers. If advertisers are bothered by what a writer says, and the publisher backs the advertiser over the reporter, it sends a chilling message as to the fragility of the first amendment when it comes into direct conflict with bottom line profits.

Could a journalist for CBS say something that bothered advertisers of Viacom, its parent company? Or a Wall Street Journal reporter keep her job if she wrote a column that irked an advertiser for Rupert Murdoch's New York Post?

In Miami, a place where land developers and the tourism industry rule the town, Powers' decision might not make a big stir. But in the rest of the country, particularly New York, it is viewed as another sign of the gutting of journalism at the expense of business.

Posner, meanwhile, just landed a new writing gig, a monthly one at just launched Miami magazine. The president there is Leslie Wolfson, who for ten years had been Powers' co-publisher, until the two had a not very pleasant parting in 2005.

"I am a social activist," says Posner. "And I'm politically involved as well. But in this instance, I was only saying my neighborhood was residential. I'm not sure what is so controversial about that. But in any case, I'm going to continue to speak out about those matters I consider important. Ocean Drive can fire me, but they can't muzzle me."

Comments

[Beauhanks]

Yes, there is a big difference between a columnist (who is presumably expressing an independent opinion) and a reporter or editor (who is supposed to remain neutral). When I was working at The New York Times, they actually told us they preferred it if we did not register as either Democrats or Republicans. (Independent was the way to go, forget about primaries.) They also said we should not put bumper stickers on our cars, march for any cause, make a recorded campaign contribution (cash in a bowl was ok) or put a sign on our front lawns. But that was The New York Times. This is Ocean Drive. I don't think anyone cares what Ocean Drive says on any subject, except perhaps the cut of a new swimsuit. Therefore, Ms. Posner could not possibly be unhappy about being fired from Ocean Drive, and finding her ideas addressed in a forum where her opinions are welcome and widely read. Like the Huffington Post.

[NABNYC]

Actually the question is not limited to journalists. It applies to all working people in this country. Do we have any rights at all? Not according to the politicians, and not according to the judges.

I remember the good old days when employers competed for workers, and workers had gained income, benefits, and rights, over a period of decades. What changed all that and reversed the trend, so that management now has all the rights and workers have none? I represent a man who was officially reprimanded because he used a phone at work to call home (local call) to talk to his wife. For a few minutes. The official policy is that employees are prohibited from making personal calls. Period. On a break, before work, after work. Who comes up with these insane policies?

We need national legislation that eliminates the judicially-created concept of "at will" employment and provides that all employees have a right to continued employment absent economic slow-downs or affirmative and serious misconduct. We need seniority rights. Employees over 50 should be guaranteed continued employment. And of course a pension paid monthly into a fund that is not under the employer's control.

In this age of globalization where capital roams the earth in search of slave labor, we can no longer look to local unions to stand up for our rights. We need a national workers' rights organization and laws. A good place to start would be the Mexican trucker issue which is designed to eliminate both the longshoremen's and teamster's union by shipping cargo into Mexico and shutting down U.S. ports, and turning all trucking over to slave labor from Mexico.

Journalists should have rights just like all other working people. The politicians won't give them to us. We need to draft the laws we want, tell each politician they either swear to vote for it or we will throw them out of office. Issues, principles, not personalities, should be our political concern.

[normathumb]

I suppose the apologists for the rag don't rail against "big media'. It is corporate power that controls the message and they apparently think that is a good idea. She isn't calling for slavery or forced abortions. She is calling for maintaining the status quo on a zoning regulation. Columnists are expected to express opinions and not always agree with their publisher. Reporters are supposed to keep their opinions to themselves. That many of the media owners are also heavily invested in the military industrial complex with a vested interest in war and globalization should be a concern to everybody. That a columnist can be fired for something as trivial as a zoning change should give chills. Shouldn't people be informed and concerned that G.E. is a major media conglomerate and a major defense contractor? The old saw that 'freedom of the press belongs to those who own the press' isn't just a cliche. It is a warning. We can see in this moment and this instance who is calling the shots. I hope people cancel their subscriptions.

[Matango]

Not to be a jerk but most employees have to watch how they act in the public sphere because it can come back to bite them at work. Blogs, publicly posted pictures, and even appearances on television can all be turned against you. Is it fair? No. But that's the world we live in.

[kittycago]

I left a very high paying job to make a point that I would not be a part of their unscrupulous activities .I did that so I could make my point to my employer verbally and follow thru with a written complaint to the governing agency.She in essence did the same by taking the luxury of having an opposing view to the man who signed her check.I hope in the future she will understand that we all have the luxury of our own opinons. It is a luxury we must use with great prior thought as to what the consequences of our actions may be and not be surprised when we are asked to pay for that luxury.I wish her all the best writing for an employer that has a philosophy more similar to hers.Many have gone this road before her .I wish her well.

[ADunafraid]

Mr. Posner you are wrong on numerous fronts here.

1-This has nothing to do with journalism as the magazine she wrote for is basically a tourism advertisement pushing a glamour image of South Beach.
2-Because of that status of the magazine it's business is directly correlated to the luxury growth of South Beach. The have a vested interested in the continued luxury growth.
3- She has a right to her own opinion but if that opinion is contrary to the company that pays her whose business is directly related to what she is railing against it would have prudent to either not mention the publication or clearly state that she doesn't speak for her employer.

[Graywolf48]

Mr. Posner, you are an investigative journalist and historical writer of some renown. How long have you lived in South Florida? What have you learned about the politics of development and the grip developers and builders have on state and local politicians? You and your wife should know better than to oppose the developer/builder cartels, especially if you identify yourself with your employer.

I spent 30 plus years in Miami and watched as it declined every year under the onslaught of over development. The politicians in Florida have never met a developer/builder they didn't like. Consequently, agriculture is rapidly disappearing in Florida and giving way to huge numbers of strip malls, overpriced townhouses, condos and various other housing/commercial developments. Many of these stand empty or are just not affordable by the average working man. Over development has turned South Florida and the Miami Beaches into an urban sewer. Crime, overcrowding, traffic clogged streets and highways have taken much of the joy out of Florida living. I left last year and my only regret is I didn't do it years ago.

If you are a journalist or broadcaster in Miami and oppose the developers/builders and their political allies, you do so at great risk. QED.

[robiform]

When I saw the headline of the blog, I thought, "Oh boy, another example of censorship by people who like democracy as long as you agree with them!" Although the subject of this issue (i.e. zoning disputes) is different from the usual (i.e. parent wants to take child back to Cuba, and "el exilio" is having palpitations over this!), as others have said, it's Florida, so what else can you expect?

[Matango]

I could use the same generalization with just about every single state in the union.

[awareness1]

The administration and city commission of Miami Beach has failed to come to terms with the deviseness which is evident throught the city. By Trisha coming forth and the shoot from the hip attitude of Jerry Powers, has brought to national attention the conflict between residents quality of life and the developer's quest for making money.

The place for Ocean Drive Magazine to discuss this matter would have been within the pages of their magazine, however, very seldom (if ever) is there a politcal/social discussion in this beautiful magazine.

So. as it tuns out this might be a win-win for both parties. Ocean Drive gets exposure and the South of Fifth Street Neighborhood Association brings to the forefront the serious problem of unbridled development in Miami Beach.

By the way, Gerald and Trisha Posner are 2 of my favorite authors/columnists.

[JeannieZ]

Honestly, it was her fault for referring to herself as a columnist for the magazine when she was speaking as a citizen, not a representative of the magazine. I am a freelance writer, and if I made a public statement that was at odds with one of my clients, while at the same time representing myself as part of their organization, I would expect them to stop using my services.

Oh, and a freelance writer can't be fired. Any client of a freelance writer has the right to stop using their services for any reason. A freelance writer is a business-person, not an employee. Why would a business continue to buy services from someone who undermined their business?

[speakeasy]

This is a perfect examle of America right now, nobody cares or gives a crap until they are personally affected. Wake up sheep, your days are numbered.
#1- Posner should have quit the mag as soon as she realized that the mag probably ran roughshod over other areas before hers. Kind of hypocritical...
#2- The magazine itself sounds like a total contribution of everything that wrong with America right now. Instead of promoting smart growth and longevity, it prostitutes itself to every new development, even at the cost of other developments (advertisers) who will lose out when this new one opens.
#3- There is something wrond when all publications nowadays are opinion pieces, as opposed to searching for the truth. It's much easier to shape it (i.e. it's really lieing) into your opinion. Faux News being the perfect example.

[pahpah25]

being a resident of florida....trying to locate their business in or close to residential zones is a favoured tactic of these developers.....the key word is taxes...becuase of the ensuing problems, traffic, litter, crime these commercial developments bring with them...they hope to share the costs of enforcement with the homeowners, who usually have a considerable investment involved in their homes.contrary to what many may think..most of miami does not look like the scenes you see on tv , aka. CSI MIAMI.

[ADunafraid]

You couldn't be more wrong. I am engineer and I spend countless hours at planning and zoning boards in Florida. The homeowners are the recipients of tax benefits from commercial development not the other way around. This is a classic case of NIMBY. Have these homeowners been complaining over the last 25 years as the values of there homes and their rental prospects have gone up exponentially?

[Purple Girl]

How do we have a free media when corporate concerns over ride all information gathering and opinions?
In the bigger picture it reminds us that the general publics private lives are controlled by Corporate America. We can't even chose to smoke a cigarette after work on our own couch.
This is just another symptom to our decaying personal freedoms, in favor of corporate profiteering.
We are not a Democracy We are under a Capitolist Regime- We need to recapture our freedoms & rights- us, We, US!
Because no entity can give us our freedom- we must invest in it each at a personal level and demand it from those hired to protect & defend the Constitution.

[oujiQualm]

Even Bugliosi admits that Posner's Case Closed has been completly refuted. Nobody vaguely litterate on the Kennedy assassination will touch Case Closed with an eleven-footer.

Posner was given access to CIA "documentation" that other authors were denied. When it comes to Corporate Fascism I shed no tears for our Pravda Correspondent.

[DaveMacaray]

Two things: First, the only reason Bugliosi says that Posner's book has been "refuted" is because he and his publisher had to say something in answer to the repeated question: Why are you bothering to prove something that Gerald Posner has already proven? I mean, what's Bugliosi going to say? "Yes, my book is a complete rehash of his"?

Second, if you'd read Posner's book you wouldn't be talking out of your ass like this. Refuted how??! It was one of the most compelling, painstaking reconstructions I've ever read on any topic. In fact, if there was one complaint from readers it's that he was TOO thorough, too fastidious, that he was guilty of overkill. Refuted?? Sheesh. Read the damn book before you sound off.

[Blutodog]

Sorry Charlie in BV$H Amerika if you work for a Corp. you'd better be prepared for the consequences if you dare to speak truth to power.

[royjeffries]

This has nothing to do with Bush. Companies before Bush and companies after Bush constantly worry about their reputation and their "brand". She had every right to get involved in the politics and the company had every right to "fire" her for what she did (you don't really fire a freelancer). Having said that, this sounds like a serious overreaction by the publisher. A scolding and a dropped column or two would have been more appropriate.