Five Years After Sandy Hook, Major U.S. Papers Still Have a Serious Gun Problem

http://progressive.org/dispatches/five-years-after-sandy-hook-newspapers-still-have-gun-problem-171221/

On December 21, 2012, the National Rifle Association called a rare press conference to respond to the Sandy Hook Elementary School shooting in Newtown, Connecticut, which happened seven days earlier. The killing left twenty young children and six of their educators dead.

“The only thing that stops a bad guy with a gun is with a good guy with a gun,” said NRA Executive Vice President Wayne LaPierre, who took no questions afterward. Critics at the time derided his remarks as “tone-deaf,” but five years on, the NRA has still managed to defeat every subsequent attempt at gun reform in Congress.

What is the secret of the NRA’s success? It may involve the NRA’s ability to speak to and write for media outlets without being questioned, like it did after the Sandy Hook tragedy. Key to this strategy is the use of alleged “independent” experts who spread its pro-gun views throughout the press.

Take, for example, the pro-gun scholar, David Kopel. Today the news and opinion sections at both The New York Times and The Washington Post are out of sync over whether to disclose his receipt of NRA funding, while The Wall Street Journal misleads readers by never disclosing it.

“Writers and editors make their own decisions, which I don’t second-guess,” said Kopel in an email to The Progressive.

“I think most credible news organizations are pretty good about disclosing relevant information about those who write guest columns or op-ed pieces, and it is always best to provide similar disclosures about experts quoted in news stories,” Jane Kirtley, who teaches media ethics at the University of Minnesota, said in an email.

“The news people should not obey different rules from the opinion people,” said Ed Wasserman, a journalism ethics expert and Dean of the University of California Berkeley Graduate School of Journalism, in a telephone interview.

Washington Post editors disagree.

“The news department was not involved in how the opinion section chose to identify Mr. Kopel,” the Post’s Communications Manager Molly Gannon Conway said in an email. She was referring to how the paper’s opinion section discloses Kopel’s NRA funding while the news section does not.

Gannon Conway defended the news editors’ decisions, writing, “At times, Kopel’s positions have not been in sync with the NRA, even though one organization he is affiliated with gets some NRA funding. We don’t see a reason at this time to single out the NRA in referring to Mr. Kopel, given his affiliation with multiple entities, with varied sources of funding.”

Key to the NRA’s strategy is the use of alleged “independent” experts who spread its pro-gun views throughout the press.

David Kopel’s pro-gun positions rarely, if ever, seem out of sync with the NRA. It’s true, he does wear several hats. Mr. Kopel is an associate policy analyst at the libertarian CATO Institute in Washington, D.C., and an adjunct professor teaching one elective course a year at the Denver University law school.

Kopel’s main job is research director and Second Amendment project director at the Denver-based Independence Institute. A self-described “action tank,” the institute has received more than $2 million from the NRA’s Civil Rights Defense Fund since 2004, according to its publicly available tax filings. David Kopel is mentioned by name. He earns $194,258 per year from the Independence Institute, and has also long been its highest paid employee.

“If he is financially dependent on the NRA, you do have to point out that there is a relationship,” said Dean Wasserman of Berkeley.


Last month the Times ran a news story about “Ghost Guns,” homemade firearms that are hard to track. The story quoted David Kopel, describing him as “the research director of the Independence Institute, a libertarian think tank, who is also an adjunct professor of law at the University of Denver.”

In the story, Kopel compared the nation’s current level of gun regulation to “prohibition or quasi-prohibition,” adding that the nation’s allegedly restrictive gun laws are “the lever that pushes up homemade production.” That seems odd considering that gun laws have only grown more lax across the nation over the past twenty years. But, knowing that his Independence Institute has received NRA funding, his comments make a lot more sense.

The New York Times’s assistant managing editor for standards, Philip B. Corbett, declined to comment.

Three years earlier, Times’s opinion editors ran an online column by Kopel where he complained about, “Bloomberg’s Gun Control That Goes Too Far for the Average Citizen.” Might readers have looked at it differently had they known that the author was the top-paid employee at an NRA-funded think tank? I brought the matter to Times’ online opinion editors, and as previously reported in The Progressive, they “updated” Kopel’s author identification and changed the wording to note that his Independence Institute “has received NRA funding.”

Back in 2013, the paper still had a public editor, Margaret Sullivan, who is now a media columnist at the Post. She commented back then about the lack of disclosure in Kopel’s Times opinion pieces.

“The more readers know about the background of an opinion writer, the better they are served. And that applies here,” Sullivan told me after I pointed out to her that the paper had failed to disclose Kopel’s NRA funding with his 2013 article, “The N.R.A. Is Still Vital, Because the 2nd Amendment Is.” That piece ran little more than two weeks after the Sandy Hook tragedy in Newtown.


The Washington Post’s news and opinion sections are similarly out of sync. Only four days after the Sandy Hook shooting, the Postquoted Kopel in a news story saying that the AR-15 rifle used by the shooter was “the best-selling rifle in the country,” and that it would meet a future Supreme Court standard for being in common use.

A central goal of the NRA has been to normalize the use of military-style, semi-automatic rifles, some of whose models were outlawed for 10 years due to a now-expired federal ban on “assault weapons.” Yet the Post identified Kopel only as an independent scholar without mentioning his NRA funding.

This year in October, in another news story that ran three days after America’s largest modern mass shooting at a country music festival in Las Vegas, the Post similarly identified Kopel as “an adjunct professor at Denver University’s Sturm College of Law and an analyst at the libertarian Cato Institute,” never mentioning either his main position as Research Director of the Independence Institute or its steady receipt over more than a decade of annual six-figure NRA foundation grants, according to the foundation’s tax filings.

The Post’s online opinion section has done better. The paper runs Kopel’s opinion columns as part of The Volokh Conspiracy, a consortium of conservative-leaning legal scholars hosted by the Postonline. But for years, the Post ran Kopel’s columns without identifying his NRA funding.

The Post finally began noting Kopel’s NRA financial ties after a critical post by the liberal group Media Matters. The paper’s opinion editors quietly changed his identification retroactively in all his columns. Editors call that a “rowback,” as if to row backwards over water and then forward again to smooth any ripple of an error. On this point Post spokeswoman Gannon Conway declined to comment.

Both the news and opinion sections of The Wall Street Journal, meanwhile, have shared Kopel’s views with readers without ever disclosing his NRA funding. Journal editors declined to comment.

This incongruity among America’s top newspapers misleads readers. An easy online search of his name locates a “Supported Research” page (now outdated) on the NRA’s Civil Rights Defense Fund website with Kopel’s name listed multiple times.

Frank Smyth has written on the gun movement for The Progressive, MSNBC, and The Washington Post. His Mother Jones story after Sandy Hook, “Unmasking the NRA’s Inner Circle,” won the Society of Professional Journalists Delta Sigma Chi award for National Magazine Investigative Reporting.

Swamp Things: Texas Governor Abbott’s Debt to the Gun Lobby

See the original article here: http://progressive.org/dispatches/swamp-things-texas-governor-abbott{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}99s-debt-to-the-gun-lobby/

Texas Governor Greg Abbott made no mention of guns at his press conference in Sutherland Springs about five hours after a man opened fire during a Sunday morning church service there, killing twenty-six people and wounding twenty. Instead, he spoke of the family members killed or injured, and asked for God’s comfort and guidance for the survivors and loved ones.

Later, after the shooter’s military conviction for domestic violence came to light, Abbott told CNN that David Kelley’s request for a permit to carry a concealed handgun had been rejected in Texas, and that, because of his prior record of domestic abuse, he should not have been allowed to buy rifles.

But ever since he ran for his first Texas legislative seat more than twenty years ago, Abbott has been a steady advocate for expanding Texans’ access to guns. He has earned a 100 percent approval rating from the National Rifle Association, and is proud of it.

“I supported #gun rights BEFORE the campaign began & have an A rating by @NRA,” Abbott tweeted during his last race. “I’ll keep Texas free.

What Abbott has not mentioned is that he owes part of his rise in Texas politics to the gun lobby.

Back in 2002, twelve years before the NRA publicly endorsed him for governor, the gun lobby used a law enforcement front group to quietly help elect Abbott as Texas attorney general. Back then, Democrats still held a majority in the Texas state house and in the Texas delegation to Congress. It was a time when the gun lobby was learning how to reach out to other right-leaning groups, forging alliances that predated both the Tea Party and the Trump campaign. It was the beginning of a redistricting or “gerrymandering” process that has since helped bring the Republican party in Texas and other states to unprecedented political power.

Abbott faced a tight race for attorney general against Austin’s popular mayor Kirk Watson. Shortly before the election, television ads appeared, attacking Watson for allegedly being soft on crime, and favoring Abbott, who was then a Texas Supreme Court justice, for supporting “the swift and aggressive prosecution of sexual predators and child pornographers.”

The ads were signed by the Law Enforcement Alliance of America. Mayor Watson said he had never before heard of this group. As I later reported in The Texas Observer in 2004, it was established in 1991 with a grant from the National Rifle Association, and opened offices just eleven miles away from NRA headquarters in Virginia. The Law Enforcement Alliance had a budget of $5 million in 2001. The Alliance’s attack ads often favored the same candidates as Texans for a Republican Majority, a group founded by then-Texas state house representative and later-U.S. House Leader Tom Delay.

Justice Abbott won the 2002 election by fifteen points—the same year that Texas Republicans gained control of the Texas House for the first time since Reconstruction. Attorney General Abbott later approved a Republican-led redistricting plan that soon helped give Texas Republicans a majority in the Senate as well. House Leader Delay was later tried and convicted of violating election laws, though this was overturned on appeal. But politicians like Attorney General Abbott continued to rise and he was elected Texas governor in 2014.


No one should doubt that the Law Enforcement Alliance was a front, one with a small office just off the Washington Beltway, rooted in the so-called “swamp.” Today its website still boasts color photos and topics like “2nd Amendment” and “Support Your Local Police.” But most of the text is just gibberish oddly in Latin, with the same lines and paragraphs repasted throughout the site.

The Alliance’s executive director for 23 years was James J. Fotis, now president of the National Center for Police Defense. Mr. Fotis recently wrote an op-ed for FoxNews.com in support of former Arizona sheriff Joe Arpaio, initially failing to disclose that his new charity had paid for Arpaio’s legal defense.

Until it become inert, the Alliance quietly influenced elections around the nation. The group succeeded in helping defeat twelve state-level candidates in fourteen years, according to an investigation by the Center for Public Integrity. It choose tight races, running attack ads often accusing candidates of being soft on crime. The candidates it targeted were in states including Kansas, Nevada, Mississippi, Illinois, Michigan and Arkansas.

These are classic gun lobby tactics. Last month, in response to the Las Vegas country music shooting, legal scholar David Kopel, the highest paid employee of the Independence Institute, penned an op-ed in The Wall Street Journal. He noted, correctly, that mass shootings are not as common as Senator Chris Murphy, Democrat of Connecticut, had just claimed, but did not disclose that his Institute has received more than $2 million since 2004 from NRA foundations.

After the Newtown Sandy Hook Elementary School Shooting, Mr. Kopel and another legal scholar who has received NRA grants, David T. Hardy, testified in Congress about gun violence without disclosing their NRA funding.

No wonder no one is talking about gun reform—even as mass shootings go on devastating communities. Instead, bolstered by the Trump Administration and Republican control of both the House and Senate, the NRA has publicly gone on the offensive for the first time in decades, seeking either a Supreme Court ruling or new federal legislation that would allow a permit to carry a concealed handgun issued in any one state like Texas valid across the country.

Governor Abbott recently signed one bill dropping the fee for a concealed carry permit in Texas to among the lowest in the country, joking about shooting reporters at the same time. After Hurricane Harvey, he promptly announced that concealed carry permits lost or damaged in the storm would be replaced at no charge. Governor Abbott is hardly the only elected official to benefit from the gun lobby, but his story reveals how they hide in the swamp.

Frank Smyth is a freelance journalist who has covered the NRA for more than twenty years, writing for The Village Voice, The Washington Post, The Texas Observer, MSNBC.com and The Progressive. He won a Society of Professional Journalists national investigative award for his Mother Jones story, “Unmasking NRA’s Inner Circle,” after the Sandy Hook massacre.

Gun Reform Needs Grassroots Activists Not Astroturf

http://progressive.org/dispatches/gun-reform-needs-grassroots-activists-not-astroturf/

Talk of gun reform after the Las Vegas country music massacre has faded within just weeks.

Representative Nancy Pelosi, Democrat of California, has made a plea to regulate “bump stocks,” a marginal step, and Senator Chris Murphy, Democrat of Connecticut, has introduced gun legislation he predicts will fail. Conservative pundits are declaring gun reform will never happen. “Why do progressives and the media keep plowing this ocean?” wrote Wall Street Journal columnist Daniel Henninger. “The chance that the American people will ever disarm remains zero.”

Most gun owners want more regulation of firearms. Yet the gun lobby, led by the National Rifle Association, is arguably near their longtime goal of achieving expanded firearms nationwide.

There are several keys to the NRA’s success. Long before the term “fake news” became a common refrain, NRA officials already knew how to control their debate: Speak only when likely to win. Obfuscate as needed to impede dialogue. Deploy paid experts whose NRA funding is not disclosed. And skillfully attack elected officials who defy them one by one. They fund attack ads targeting candidates who favor gun reform, accusing them of being soft on crime without even mentioning guns.

The elusive and dirty messaging alone does not count for the NRA’s success. That hinges on the gun lobby’s army of grassroots activists.

But the combination of elusive and dirty messaging alone does not count for the NRA’s success. That hinges on the gun lobby’s army of grassroots activists. These are people who vote religiously and in blocks, supporting pro-gun candidates at every level. Much like NRA-leaning commentators on cable news who seem to follow a script, many gun rights activists can repeat pro-gun mantras by rote. And, unlike gun reformists, pro-gun activists speak up regularly at community and town-hall meetings and online.


Gun reform groups are more like “Astroturf,” as one pro-gun blogger has noted. No matter how much you spend on it, it never grows. After the shocking 2011 Tucson shooting involving Representative Gabby Giffords, and the unspeakable carnage of the 2012 Sandy Hook Elementary School shooting in Newtown, Connecticut, a handful of new organizations have emerged.

These include Americans for Responsible Solutions now renamed with its founder’s namesake Giffords. Former New York City mayor Michael Bloomberg’s Mayors against Illegal Guns, has now been rebranded as Everytown for Gun Safety. Another group, Moms Demand Action, was founded by a stay-at-home Mom and former public relations executive Shannon Watts, who has become a leader for gun reform on TwitterNewtown Action Alliance and Sandy Hook Promise are each quieter groups led by parents who lost children inside Newtown’s Sandy Hook school. An energetic news website has also appeared, The Trace, to help document gun violence.

They join other groups like the Brady Campaign to Prevent Gun Violence, named after the late White House press secretary, Jim Brady, who was severely injured in the 1981 assassination attempt on President Reagan. The largest and most well-funded group is Everytown, which boasts 3 million members.

But how active are they when compared to NRA members?

What Bloomberg is likely defining as “supporters” are people who have gotten on his email list, noted the pro-gun blogger. That’s a vastly different animal than a dues-paying member. NRA actually has one of the strictest standards for membership of any interest group in Washington, D.C.

Where are the anti-gun blogs?, the same blogger went on. Where’s the anti-gun convention that turns out over 80,000 people, like NRA does annually? How does the NRA mobilize bigger protests ad-hoc than anti-gun activists can manage even with professional organizers and slick ad campaigns?

Two paid NRA experts, including a Golden, Colorado-based researcher and legal scholar, David Kopel, testified in Congress after the Sandy Hook tragedy without anyone mentioning their NRA funding. Kopel previously filed amicus briefs to the Supreme Court, including before the benchmark verdict in the District of Columbia vs. Heller case, without ever disclosing his NRA funding. He has also published newspaper op-eds against gun control—his funding from the NRA unmentioned.

Only after prodding by done by me in The Progressive, other publications, first The New York Times and then The Washington Post, began referencing his NRA funding next to his byline or name when quoting him in news stories. But Kopel managed to run another op-ed without disclosing his funding, this one in response to the Las Vegas shooting, in The Wall Street Journal, earlier this month.

Recently a Cub Scout, 11-year-old Ames Mayfield, was dismissed from his pack for asking a Colorado state senator, “Why on earth would you want somebody who beats their wife to have access to a gun?”

Enacting gun reform would require an infusion of informed activists at every level to finally challenge the NRA’s longstanding monopoly of the debate. Recently a Cub Scout, 11-year-old Ames Mayfield, was dismissed from his pack for asking a Colorado state senator, “Why on earth would you want somebody who beats their wife to have access to a gun?” I wonder if the pack leader, who has since declined to comment, took offense at the scout’s question because direct challenging of any almost pro-gun politician is so rare.


Progressives have many reasons to prioritize gun reform. After suicides mostly by white men, much of America’s gun violence is concentrated among young urban minorities, as documented by the Violence Policy Centerwhose research has long been unassailable. The proliferation of firearms throughout our society contributes to police shootings of minorities and others. Many police in this nation are likely to encounter more armed suspects in the early years on the job than a comparable officer in the United Kingdom or Germany might encounter in their career.

Gun reform activists need to challenge common fallacies such as, “gun control leads to genocide like the Holocaust,” a claim belied by a body of scholarship. Or, “if guns are outlawed only criminals will have guns,” a myth belied by evidence at home and from the United KingdomGermany and Australia. Or, “the only thing that stops a bad guy with a gun is a good guy with a gun,” a claim disproved by the Las Vegas shooting itself.

Gun reform activists need to challenge common fallacies such as, “if guns are outlawed only criminals will have guns.”

Many hardline gun advocates falsely claim any gun regulation is unconstitutional, even though the late Supreme Court Justice Antonin Scalia himself wrote, “the Second Amendment right is not unlimited.” Many also claim that the Second Amendment affords citizens the right to amass high-powered weapons in case they might need to use them some day either against or for the government.

This belief, not yet ruled upon by any court, is the reason Las Vegas shooter Stephen Paddock was able to legally acquire so many high-powered firearms. It helps explain the presence of armed militias at the fatal White Nationalist rally last year in Charlottesville, Virginia. And it is the ideology behind the so-called “Three Percenter” movement, based on another false claim, that just three percent of colonial American militiamen helped defeat the British in the American Revolution.

The moment seems urgent. The NRA has flip-flopped about whether it would support some regulation of “bump stocks,” the inexpensive, after-market mechanism that converts a semi-automatic rifle into a repeat-firing weapon.

The NRA said it might support regulating bump stocks under one condition—a monumental one that would, by any measure, alter the nation. The gun lobby is seeking either a new federal law or high court ruling that would make permits to carry concealed handguns in one state valid in every other, like a driver’s license.

Although now the push to limit bump-stocks already seems over, while the goal of carrying concealed handguns across states is only just beginning.

How weak is gun reform today? After our worst modern gun tragedy, no one is talking about regulating guns, only expanding their access across the country.

Frank Smyth is a freelance journalist who has covered the NRA for more than twenty years, writing for The Village VoiceThe Washington PostMSNBC.comand The Progressive. He won a Society of Professional Journalists national investigative award for his Mother Jones story, “Unmasking NRA’s Inner Circle,” after the Sandy Hook massacre.

“The Price of Freedom”: For the Gun Lobby, Mass Shootings Cannot Be Avoided

http://progressive.org/dispatches/price-of-freedom-for-the-gun-lobby-mass-shootings/

“The Price of Freedom”: For the Gun Lobby, Mass Shootings Cannot Be Avoided

by

October 6, 2017