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You Should’ve Said Something

Not long after the death of his father, Derek Askey, a new father himself, is selected as an alternate juror for a murder trial. The experience upends the typical vulnerability and openness of his life: Askey, under court order, cannot speak with his wife about the random violence heaped upon him, yet nevertheless worries about what his infant son “received from me” during his wordless days in the courtroom. He must withstand the gruesome details of the criminal trial, yet will not be allowed to participate in the jury’s deliberations. His personal essay is a challenging exploration of enforced silence, and the ways in which we seek to unburden ourselves through voice.

Before the trial, the other would-be jurors and I were asked our names, our occupations, whether we had spouses or children, and whether we could be impartial regarding the case, in which a man was being accused of murdering his girlfriend. At first I was curious to hear other people’s answers—Oh, wow, that guy fixes airplanes?—but curiosity quickly gave way to numb shock at how many people’s lives had been touched by domestic violence or murder. Or both. People you see every day. People who fix airplanes. One man said that, when he was little, his dad had beaten his mother; if he was being honest, he didn’t think he could be unbiased. The man was dismissed, and a woman was called up from the uncomfortable wooden pews to face the same interrogation. She had been attacked herself, she said. Some women had sisters, sisters-in-law, or best friends who’d been hit by a spouse or boyfriend.

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The Anatomy of a Journalism Scandal

In mid-August, The New York Times lost a defamation lawsuit in Alabama. It’s the first such case the paper has lost in more than half a century. Back in 2023, the Times reported that a University of Alabama basketball player named Kai Spears was at the scene of a fatal shooting—information that turned out to be false, and based on a single anonymous source. A jury found the paper liable for damages to the tune of $9.25 million. Ryan Phillips, the only reporter to attend the duration of the defamation trial, describes the experience:

Chief among the post-publication issues was the Times‘ reluctance to issue a correction or retraction when it became immediately clear that Witz’s anonymous source had been wrong in their assertion that Spears was in Miller’s car during the shooting.

The jury heard lengthy testimony about how the newspaper published “updates” in the form of “Editor’s Notes” to the online story to reflect each new denial coming from the University of Alabama, UA Director of Athletics Greg Byrne, Spears’ father, and then the Alabama walk-on himself in an Instagram post.

Apart from the updates, which the Times argued were tantamount to a correction when applying Alabama law to the evidence, the story remained unchanged until an official correction was eventually published by The New York Times on June 3, 2023.

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