Selling Us Our Own Air

Commentary by John McManus

Can you make sense of this?

The most serious problem in politics today¾chad excepted¾is the corrupting influence of campaign contributions, right?

And those who would represent us or advocate for a ballot initiative need to raise ever larger sums because air time, particularly on TV, is very expensive. (TV is the preferred means of transmitting a political message for all but the smallest and most local elections.)

But aren’t the stations collecting those vast sums¾from $600 million to $1 billion this year, according to the New York Times¾selling access to airwaves that really belong to us, not their shareholders?

And aren’t these stations given free and exclusive use of these airwaves on the sole condition that they use them for the public’s benefit?

How can stations licensed to serve the public justify jeopardizing the integrity of elections to sell us something we already own?

I tried to pose this question to the folks in charge of the Bay Area’s biggest stations...Continue ? (click the apple)


Investigation Clears Examiner Editorial Page

of ‘Horse Trading’

Commentary by John McManus

Retired federal Judge Charles B. Renfrew has completed his investigation of whether  former San Francisco Examiner Publisher Tim White offered or provided favorable treatment to Mayor Willie Brown in exchange for Brown’s support of Hearst’s purchase of the Chronicle 

Mr. Renfrew concluded that no real offer was made or acted upon.

News reports are available from the Chronicle and the Examiner. So far, the Hearst Corporation has only made an executive summary of the Renfrew report public.

I sincerely hope Mr. Renfrew’s findings are true. The stakes are high. Hearst now controls Northern California’s largest newspaper. The company’s ethics will affect us all.

Grade the News’ analysis of Examiner editorial pages for two months before and two months after the lunch at which Publisher White testified he made the offer of editorial favoritism found a “subtle, but troubling shift” toward Mr. Brown after the August 30 lunch. The analysis did not, however, find an unambiguous bias toward the mayor.

The Hearst Corporation made the proper response, launching an apparently independent investigation. Its conclusions would gain credibility if the Renfrew report were released in full. They may need it. Judge Renfrew’s conclusion contradicts both the sworn testimony of then Publisher White and the statement of the judge at that trial, Vaughn Walker, that Mr. White seemed more truthful than Hearst executives who denied there was an offer.

Publication of the full report, however, will not completely settle the question. Here’s why.

Even with a court’s full power to compel witnesses to testify and to threaten perjury should their self-interest corrupt that testimony, cases in which one must prove someone’s intention are inherently difficult. We simply don’t know what was in Mr. White’s mind when he spoke to Mayor Brown.

Similarly, proving that Mr. White acted on his statement to the mayor is difficult. Abuse of power is almost always cloaked. Had the publisher told  his editorial writers to go easy on Mr. Brown to keep him from interfering with Hearst business interests, he would have faced journalistic protest. Any effective intervention on his part would have been subtle.

But this was not a trial, but a private investigation. There were no subpoenas. (In fact, Mayor Brown refused to testify.) There was no threat of perjury.

It is overwhelmingly in the self-interest of  Mr. White and the two other parties at the lunch--the mayor and Executive Editor Phil Bronstein--to claim the intent was merely jest. It gets the journalists off a hook sharp enough to puncture their careers. Mr. Brown avoids evidence of strong-arming the press (and U.S. Justice Department) just before a mayoral election.

Somewhat similarly, any Examiner editorial writer who testified to suspicions of his/er superiors would have to be either very brave, very foolhardy, or about to leave San Francisco journalism (or perhaps any corporate journalism). From now on, Hearst will sign everyone’s paycheck.

The only way to erase the stigma of this episode is for Hearst to build a powerhouse newspaper in San Francisco that practices the highest ethical standards. It now has the staff to do just that. 

We wish them well.


National Study Finds:

Channel 2 Ranks Best in Nation, By Far

The runaway quality leader in Bay Area local newscasts may just be the best in the nation.

A national study conducted by the Project for Excellence in Journalism analyzed KTVU’s newscasts during two weeks earlier this year and compared them to 49 other stations in 15 cities. Channel Two had the highest grade ever recorded in three years of analyses comprising scores of stations and cities--more than 100 points ahead of its nearest competitor this year.

In fact, KTVU’s 10’ O’Clock news’ rating was twice as high as the national average in coverage of issues, putting experts on air, in balance of stories and relevance.

In Grade the News analyses, Channel 2 has also dominated its local competitors, earning a “B,” a full grade higher than its nearest competitor, Channel 4. New grades based on an analysis of nearly 2,000 Bay Area news articles will be posted here within a week.

Channel Two’s performance strikes a sharp contrast with the state of local TV news nationwide.

In the face of precipitous declines in ratings, many local television news broadcasts are cutting back on the very type of programming that attracts viewers, the study concluded.

"Stations are turning to flash and hype to sell stories, when the data show that thoughtful, quality news-featuring enterprise reporting, localism, topic breadth, innovation and sourcing-builds its own audience," said Project for Excellence in Journalism (PEJ),  Director Tom Rosenstiel, a former media critic for the Los Angeles Times and Washington correspondent for Newsweek.

"Stations ignore these findings at their own peril," he added.  "They truly are at risk of slowly killing themselves off."

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The Mercury News Takes on its Immigrant Paper Carriers:

Objectivity, Fairness Are Casualties

“Never engage in a war of words with someone who buys ink by the barrel.”

San Jose Mercury News Publisher Jay T. Harris set aside journalistic objectivity and fair play a week ago to demonstrate the proverb to a group of new Americans. It was the $300 million-plus-a-year Mercury News vs. the people who get up hours before dawn to deliver the paper--mostly Vietnamese immigrants paid $1,080 a month for their labor.

It’s always difficult to report on yourself, but the Mercury abandoned its own principles, rules of reporting at which it normally excels. A Grade the News analysis of the strike week’s coverage shows violations the Mercury would never countenance in reporting on outside parties.

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Unfinished Business

Is it Ethical For Journalists to Ask Tough Questions

But Refuse to Answer Them?

 

To its credit, the Contra Costa Times has responded to our criticism and finally begun to label its Saturday real estate section for what it is--advertising.

However, the letter above is troubling. It seems more than a simple refusal to discuss the performance of the Times. It also appears to be an attempt to undermine a critic the paper has heeded, but found embarrassing. The letter was sent to Grade the News’ advisory board, sponsoring agency (KTEH) and the foundation (Gerbode) funding this project. The letter also makes charges which are demonstrably false. "The desire to suppress opinion different from one's own is inveterate and probably iniradicable" --A Free and Responsible Press, the Hutchins Commission

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Is it News or Is it Advertising?

Research shows most readers are fooled

The weekly “Saturday Homes” section of the Contra Costa Times is laid out to look like news.

The Times runs its logo on top above a banner that reads: “Your Best Guide In the East Bay.” It’s not an insert, but a regular lettered section of the newspaper. Like news pages, it’s presented with headlines and columns of text separated from advertisements. There are datelines on each story telling where it was reported as well as bylines indicating the author.


"Distinguish news from advertising and shun hybrids that blur the lines between the two."

--The Society of Professional Journalists Code of Ethics


 

But although nowhere in the section do editors specifically identify it as an advertising section prepared by developers rather than journalists, “Saturday Homes” is 100 percent advertising.

The primary tip that this is not news comes in the smallest typeface on the page. It's an unfamiliar story byline such as “Wheeler”, “Gold Mountain”, “Standard Pacific”, or “Pulte Home Corporation.”

As you read down the page you may also notice that the typeface differs slightly. But unless you line it up next to a real news section, you will probably miss the distinction.  


“It’s either intentionally or unintentionally deceptive to leave open the question as to whether this is refereed, critically examined news copy or fluffy, biased advertising copy."

- News ethicist Keith Woods of the Poynter Institute.


 

Continue (click the apple) New: Contra Costa Times responds


The Dean of Black Journalists Observes:

Mainstream San Francisco News Media

Aren’t in Touch with Racial, Ethnic Communities

by Al Goldstein

Despite its reputation as America’s most liberal big city, despite the presence of minority members in newsrooms, Tom Fleming contends that San Francisco newspapers and television stations largely ignore the issues and interests important to black, Asian and Latino communities.

“Today, though we live in a world that is increasingly multicultural, much of conventional journalism remains fixated on the lives of the white and wealthy.” Media Studies Journal, Summer, 1994

Fleming has been a journalist in the Bay Area for more than half a century. He remembers being the first black working journalist in the San Francisco Press Club, back in the 1950s.

Asians, Latinos and blacks now constitute the majority in California, but “we still feel that we are not covered adequately,” Fleming says. “Whites just don’t want it.”

He faults white owners of newspapers, who are “indifferent to the issues [in black neighborhoods]...don’t come out of their offices and their communities...don’t see these issues.” Fleming acknowledges that today’s coverage of black issues “is better than it was, but it started from zero.”

Over the past half century, Fleming’s columns and editorials have hit similar themes.  Following World War II, the Oakland transit system refused to hire blacks and Fleming told them: “If blacks can drive army rigs, they can drive buses in Oakland.”

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A long-time San Francisco journalist responds

By William German

Tom Fleming's views on how mainstream San Francisco (media included) has treated blacks and other minorities are worthy of close attention. Fleming speaks, as you put it, "from a unique position." I agree with his criticism of things past and his feeling that while some things have improved, there is still room for progress.

 

The Second Report Card on Bay Area News Media

The latest report card rating the quality of Bay Area news media is in. The good news is that we enjoy enormous choice.

And the bad? The nation’s fifth largest media market produces some really bad news. 

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EMPATHIZE, PERSONALIZE, HUMANIZE

Analysis by Al Goldstein

A South Bay child dies just hours after being released from the hospital.  The mother is devastated and blames the hospital. Channel 7’s Rigo Chacon covers the story and signs off.  The anchors respond.

Anchor: “Such a tragedy; thank you very much Rigo.

Co-anchor:  “What a shame!”

Anchor: “Hmmm.”

An 8-year-old Vallejo girl is kidnapped, escapes and comes home safely.  The Channel 5 reporter, live in the field, tosses back to the anchor.

Anchor: “You know Nola, it is so good to hear at least a positive outcome in this situation. We suspect there will be quite a bit of celebrating out there tonight.” (Big smile)

Reporter: “Oh you bet...”

These empathy exchanges are recommended by news consultants to boost TV news ratings. The show doctors also push stations to personalize and humanize the news. Channels 5 and 7 seem to use these techniques the most, Channel 4 appreciably less, and Channel 2 uses them least..

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vs.

"America’s Last, Best Newspaper War"?

Opinion by John McManus

That’s what Susan Goldberg, the San Jose Mercury News’ managing editor, calls the competition between her paper’s new San Francisco edition and the Chronicle.

And competition with the Mercury News was also a major factor in Judge Vaughn Walker’s decision to approve the Hearst Corporation’s purchase of the Chronicle. With the Merc in town, the Chron wouldn’t become a monopoly.

“Let the newspaper wars begin,” taunted the lead of a Chron article last week that called the Merc “the encroacher from the Peninsula.”

But before the public breaks out the champagne over great journalism that might result from “an era of brawling, bare-knuckled news competition,” as the Chronicle put it, consider this:

  • the Mercury’s invading army is a bureau with only 12 to 16 positions according to its own reports. They’ll be up against a home team with over 500 staffers. Some war!

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Why Advertisers Are More Important Customers Than You

Opinion by John McManus

When buying a car or stereo, you bear the entire cost.  News is different.

You don’t get billed for watching news on TV. Advertisers do. Even if you subscribe to a newspaper, you contribute only about 15% of the paper’s revenue. Advertisers cover the rest.

This has the great benefit of making news accessible for all.

But whenever someone else picks up the tab, watch out. Advertisers pay for what they value. Quite properly, they want the eyeballs of potential customers--people with the money and inclination to buy their products. And they want it at the lowest price. Advertisers don’t care whether we use news to be informed, or merely to rubber-neck other people’s tragedies. News is just bait.

Here’s the problem. If the corporations that deliver our news try to maximize profit, they must add to the audience for real journalism those primarily interested in entertainment. Sure, you could make a reasonable profit just doing authentic journalism. But what company wants to settle for normal profits when it can have extraordinary returns?

So pressures from Wall Street and advertisers favor the inexpensive story that appeals to consumers across the region--the human interest tale, the violent one, the one that has buzz, the sports story that appeals to an important demographic. Newspaper sections that pique interest in travel, computers, real estate, wine, or cars make great ad platforms.

Alas, the most newsworthy stories often have the worst cost-benefit ratios. Investigative and trend reporting take reporters days instead of hours to produce. And important but dull stories turn-off the entertainment audience. A recent survey found that almost 8 of 10 American journalists say their newsrooms sometimes or often avoid important but dull stories.

There are other businesses in which quality isn’t as profitable as pap. But none are as important to democracy.

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It's old you-know who

Harry Potter and the Hawking of the Mercury

Opinion by John McManus

You’re going to think me a joyless Grinch for critiquing the Merc’s coverage of Harry Potter and the Goblet of Fire.” Or at least a wack muggle.

Don’t get me wrong. I think J.K. Rowling’s enormously popular books are wonderful. And even without the bladder burst of hype with which the media have flooded the release of “Goblet,” many kids¾of all ages¾would have been excited about the new book.

It’s definitely a front-page cultural story.

But is it a front-page story day after day?

Not for the New York Times. Not for the San Francisco Chronicle. Not for the Contra Costa Times. But for the San Jose Mercury News, Harry Potter merited the front page five times in eight days.

In total, the Merc ran 16 Harry Potter stories from July 2-9. We counted down till the midnight sale date. We learned about the author, about the illustrator, the movie, the websites, the sales projections, and a Potter bestiary¾now we can distinguish Hogwarts from Hagrid. There was an editorial, even a story complaining about all the Harry Potter hype!

Why is a Pulitzer-Prize winning newspaper with a newsroom full of great journalists playing the carnival barker for Harry?

Managing Editor Susan Goldberg did not respond by posting time.

Actually, I think it has nothing to do with Harry Potter and everything to do with marketing. The Merc is using Harry. Not that Harry’s creator and publisher mind. Quite the contrary. This is a synergy deal¾a mutual back scratch.

Call it a “buzz” story. In many ways it’s analogous to the “tie-in” stories in local television that print journalists regard with such contempt. Rather than trying to hustle viewers from a hit network drama or quiz show, buzz stories seek to lure consumers of the latest fad or whatever else focus groups tell editors has “buzz.”

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How Reliable are Political Polls?

When Bill Fazio read his morning Chronicle late last October, he had every reason to feel good.

The newspaper’s poll of likely voters showed him leading Terrence Hallinan in the San Francisco district attorney’s race by 10 percentage points just 10 days before the election. With a margin of error of plus or minus 4 points, the poll showed him ahead even if all the error favored his opponent.

But on election day, Hallinan edged Fazio, setting up a run-off election.

Not to worry. Ten days before the run-off, a second Chronicle poll showed Fazio had increased his lead to 18 percentage points. The margin of error was again +/- 4 points. If the poll was correct, on December 4 Fazio was comfortably ahead¾at least by 14 points and perhaps by as many as 22.

But on December 14, Hallinan won again.

Either the poll was much further off than its margin of error, or there was a substantial and late surge for Hallinan. The Chronicle’s pollster, Cheryl Katz, director of Baldassare Associates, argues that in both elections there was a late shift toward Hallinan that took place after her interviews were complete.

An Examiner/Channel Two poll completed three days closer to the run-off election showed Fazio ahead by 7 points. That could support Katz’ theory of a last-minute trend toward Hallinan. Or because the difference between the results of the two polls is more than their margins of error, it could be another indicator that polls aren’t as precise as they seem.

The D.A. race wasn’t the only example of surveys taken close to the election missing the final vote by far more than their margins of error. An Examiner/KTVU poll with a margin of error of +/- 4 points showed Prop. 25, the campaign finance reform measure, ahead by 5 points a week before the election. It lost by 29.

Polls are essential

The accuracy of polls is rarely assessed. Yet they play a leading role in public life. Survey results are used to determine which taxes, public projects, policy initiatives and candidates might be viable. Results of a single poll can open the wallets of contributors or close them, energize supporters or deflate them. Political strategies and governing policies are based on them.

As the November general elections approach, you can count on seeing lots of political polls. So Grade the News analyzed the predictive power of several recent polls and asked the experts how polling is changing.

Here’s what we found:

  • Despite some frustrations, pollsters employed by local newspapers and television stations enjoyed a pretty good record last year predicting winners and losers. We examined six polls conducted by three companies for Bay Area news media during the last year. The side that was ahead in the final survey before the election won in 73 percent of races local media deemed important enough to cover.

If you apply some pollsters’ rule of thumb that the best prediction of the outcome of a ballot proposition is the survey’s estimate of “Yes” voters, then polls forecast winners in 85% of these high-profile races. (In other words, even if a prop is leading, if the final survey doesn’t find at least 50% favor it, the “undecideds” will stick with the status quo and combine with the “No’s” to defeat it.) 

  • The bad news is that part, perhaps much, of the success in predicting winners may have been due to how lop-sided most of the races in the spring primary were, rather than to polling precision. In fewer than half of all races analyzed was the survey’s estimate of the actual margin between the winning and losing sides within the predicted range of error. Sometimes it was way off.
  •  The margin of sampling error is the only source of error mentioned in most news reports of polls, but it is almost never the only source of error, nor, often, the most important.
  • Polling is becoming more difficult across the nation, and particularly in high immigration states like California. The chances of a respondent not speaking the same language(s) as the pollster, of not being at home to take the call or tying up the phone by using the internet, and of refusing to cooperate all are rising, according to experts.

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How Accurate are Bay Area Newspapers?

Joseph Pulitzer once said the three rules of journalism are “Accuracy! Accuracy! Accuracy!

The namesake of journalism’s most prestigious prize would likely approve of major Bay Area newspapers. A Grade the News spot check of 66 sources quoted in three of our largest newspapers finds the sources are overwhelmingly pleased with the accuracy and context of their published quotes. Sources also almost unanimously said reporters got other facts in the story right too.

The results represent good news for an industry worried about its credibility. A recent survey by the American Society of Newspaper Editors estimates that 73% of Americans have become more skeptical recently about the accuracy of news. In that survey sources were even more critical of reporting practices than the public at large.

But the sources we spoke to seemed almost surprised at how carefully the three newspapers we analyzed reported their stories.      

Asked to rate the accuracy of direct quotes and paraphrases attributed to them in specific stories that were read back to them, sources gave the Bay Area newspapers almost perfect scores. On a 5-point scale of accuracy, with 5 being “very accurate,” the Contra Costa Times and San Jose Mercury News tied at 4.82; the San Francisco Chronicle averaged  4.74. All three papers scored at or above 95% of a perfect score, solid “A” work by any measure.

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How to Read Political Polls Like a Pro

As Campaign 2000 intensifies, political polls will dominate the news. Here’s a guide to interpreting them rationally.

1. Take polls conducted more than six weeks before an election with a sack, not a grain, of salt.  As Alexis de Tocqueville noted in 1840, Americans “find it a tiresome inconvenience to exercise political rights which distract them from industry. When required to elect representatives, to support authority by personal service, or to discuss public business together, they find they have no time.”

Then, as now, many citizens don’t really make up their minds about how they will vote on any but the most publicized races until shortly before the election. So early polls are prone to volatile top-of-the-head responses. Such polls are like nailing Jello to a wall.

2. Expand the margin of error at least by half, if not double. The results of scientific polls are often presented as “a snapshot” of public opinion at a particular time with an exact percentage of the population favoring something or someone and a precise margin of error.

But polling experts caution that the margin of error only measures one reason why the survey results may differ from true public opinion--sampling error. Further, this error margin rests on a small mountain of assumptions that are never met in the real world. A poll is never a “snapshot.” It’s merely an estimate. Not a photo, but a drawing. And it’s based on probability, not certainty.

When the gap between candidates--or sides of a ballot issue--is equal to or smaller than the margin of error, the poll can't really say who is ahead. In fact, unless the gap is twice as large as the margin of error, there is at least a small chance that the race is too close to call. (That's because each side's estimate has a margin of error around it.)

Because there are so many reasons a poll may be off, if possible, average results of similar polls rather than relying on a single survey, suggests Prof. Steven Chaffee, an experienced academic pollster at the University of California, Santa Barbara.

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Polls’ Precision is exaggerated

The news seemed too wonderful to be true!

In July the San Jose Mercury News reported that smoking among California youth had dropped by more than a third¾from 10.7 percent using tobacco to 6.9 percent¾in just one year.

The astonishing results were based on a poll conducted by the California Department of Health Services. But the Mercury didn’t say how many were polled, how many of those phoned by pollsters cooperated, or what the poll’s margin of error was. Nor did it say that  interviewers required kids to ask their parents for permission before proceeding, a process that may in itself have depressed admissions of smoking.

The Contra Costa Times, though a much smaller newspaper, included most of this information. It also quoted experts who cast doubt on whether there had been a drop at all, given that youngsters were reporting on themselves, with their parents’ knowledge and talking to representatives of  the health department. The Times also reported that the results¾which reflected very positively on the department sponsoring the survey¾contrasted with national surveys showing smoking rising among teens.

The Mercury reporter did not respond to questions about the smoking survey.

Bay Area newspapers are full of polls. They tell us everything from how many motorists fail to yield to pedestrians on California cross-walks, how many Americans own cats, what Bay Area physical therapists earn, how many kids are solicited for sex on-line, even the funniest film ever. 

So Grade the News examined how the media know all of this. Or some of this. We focused primarily on political polls because of their enormous importance to self-government.

In general, we found that the Bay Area’s two biggest newspapers present poll results with a precision and authority that’s beyond the survey’s ability to deliver. Poll results were reported not as imperfect estimates of public opinion, but as “snapshots” of the public mind. When margins of error were reported, they were presented as the only reason the survey might be off. In reality, there are many reasons.

We also found:

·  Claims made about opinion differences among groups within the sample¾say homeowners vs. renters¾often fail to recognize that sampling error for small groups makes the published comparison meaningless.

·  Ironically, polls the newspapers conducted or sponsored themselves contain the most cautions. Surveys that journalists knew the least about and could not be sure met professional standards, on the other hand, were usually reported with few if any warnings about their accuracy.

·  Polls seem to gain precision the more they are reported. When first published, a poll story might contain a number of yellow flags. Subsequent reports drop margins of error and other caveats about their validity.

Nevertheless, Grade the News commends Bay Area news media for undertaking the cost of discovering public opinion in a systematic way. Good polls are expensive. But they offer a far more accurate view of public opinion than the “person on the street” approach common in American journalism two decades ago.

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Harry Potter Was a Better Story

by Mike Antonucci, Mercury News Popular Culture Writer

Er, what were these stories, displaced by Harry Potter, that would have so elevated civic discourse and community life? What was this information we so badly needed to know?

What our editors think of our readers (who must include a few people who don't feel dirty to earn their living from marketing ) is that Harry Potter was a repeat front-page story because the public chose it to be. It was all those folks out there who built that story into a phenomenon of provocative financial, social and literary interest.

What I don't think about those readers is that they were a manipulated, advertising-driven herd that wiser editors needed to redirect. That broad, unifying and inspirational passion for Harry is the antithesis of demographically targeted, culturally Balkanizing marketing-think.

What the Merc did is called riding a good story. Each day you check to see if it has any legs left. There are always choices. That hour by hour process is exhilarating, erratic and incredibly spontaneous and benign compared to the calculation and cynicism implicit in that theorem about "buzz."

I'm all for serious news, as long as it's patently relevant, can encompass what's joyful and separates the pretentious from the important. A lot of readers I know see the front pages of newspapers only for as long as it takes to throw them aside and pull out a section that means something to their lives.

Harry Potter wasn't a bigger story than others. It was a better story than others.   

Grade the News invited Mr. Antonucci to respond to Mr. McManus' column and appreciates his willingness to spark debate. The views above are Mr. Antonucci's and not necessarily the Mercury's.


Bias in the Newsroom

A new national survey of journalists shows self-censhorship is a common and growing practice.

The pressures to skip or soften newsworthy stories arise largely from market forces--fear of boring viewers and readers, advertiser pressures, the interests of the news organization or its parent company, or fear of angering a boss.

For a summary, or the full story, click the apple.


Do you find it harder than ever to tell the difference between real news and stories that are really thinly veiled advertisements? (click the apple)


Other Analyses and commentaries on Bay Area News Media

(Click the apples)

Were the networks right to limit coverage of the 2000 national political conventions?

Our First Report Card Rating Bay Area News Media

Looking back: Rating local coverage of the 1998 California primary

Did area news media enable a rip-off of Microsoft?

Disney synergy at Channel 7

Bay Area journalists tell what's over-covered and what's undercovered

Are tie-in stories ethical?

Is sports more important than news?

Head-to-head: The Chronicle vs. the Examiner on pedestrian safety

Did the Examiner go easy on Mayor Brown after its publisher offered a deal?

What our newspapers aren't telling us about youth and violence


Revised rules for grading news content.

Take a look at the test we put Bay Area news media through.

Tell us if you think it's fair?