WEBVTT

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Welcome back to the deep dive. I want you to

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picture a scenario that I guarantee happens to

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you. I mean, probably at least once a week. OK,

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I'm listening. You are standing in line at the

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grocery store. You've got your cart, maybe some

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almond milk, bag of apples. You know, you're

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trying to be healthy. The usual Sunday afternoon.

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Exactly. But you're stuck. You're behind someone

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with a massive order and you have nowhere to

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look. And they're right at eye level, practically

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screaming at you in this like. neon yellow font

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is a headline oh i know exactly where this is

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going it's about a celebrity marriage exploding

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or an alien baby or uh some politician caught

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in a love nest the dreaded checkout gauntlet

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it's it's effectively a trap and it's designed

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to capture your attention in those three minutes

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of sheer boredom it is a trap and we all do the

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same thing we look we scoff maybe we chuckle

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and we tell ourselves oh i am way too smart for

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this trash you know we just dismiss it It's the

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jump food of the news world. Right. It's easy

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to feel superior to it. But today, we are going

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to challenge that dismissal. Because when you

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actually dig into the stack of research we have,

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and we have a mountain of it today, you realize

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that those trashy papers, they have a history

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that is wilder, darker, and frankly more influential

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than most serious newspapers. It's a history

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that's... surprisingly central to how our society

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functions. We're not just talking about gossip

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here. Yeah. We're talking about a lineage that

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goes from blackmailing the aristocracy in 1700s

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London. Which is just an amazing concept on its

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own. To a fundamentalist crusader in a, you know,

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a grit filled mining town in Minnesota who essentially

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saved the First Amendment. All the way to modern

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political catch and kill schemes that are literally

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shaping presidential elections. Yeah, that's

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the part that's so stunning. That's the part

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that blew. my mind. You just don't associate

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the National Enquirer with the Supreme Court

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or with the fundamental pillars of democracy.

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But the connection is there. It absolutely is.

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The margins of journalism, what we call the scandal

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sheets, that's often where the boundaries of

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free speech are actually tested. If you want

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to understand the limits of what you can say

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in public, you don't look at the New York Times.

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You look at the tabloids. They're the ones pushing

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the envelope. So that's our mission today. We're

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going to trace this entire evolution from the

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coffee houses of London to the supermarket checkout

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line. And finally, to the phone that's probably

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in your pocket right now. It's a heck of a journey.

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It is. But before we get into the blackmail and

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the lawsuits, we have to do a little housekeeping.

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We need to define our terms because the word

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tabloid is actually a bit of a trap. It is. It's

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a very misunderstood term. When you say tabloid

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to most people, they immediately think of the

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content. Yeah, the sleaze, the sensationalism.

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Right, paparazzi photos, alien babies, all of

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it. But strictly speaking, in the printing industry,

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tabloid refers to nothing more than a paper size.

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It's just a measurement. That's it. That's it.

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A traditional newspaper, think of the old school

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Wall Street Journal or the New York Times, is

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a broadsheet. It's huge. You have to fold it

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in half and then half again just to read it on

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the train without hitting your neighbor. I remember

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those days. It's like wrestling an octopus. Exactly.

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A tabloid is roughly half that size. It usually

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opens like a book. It's more compact. So wait,

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if the New York Times decided tomorrow that they

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wanted to save money on paper and just print

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it on smaller sheets. Technically, the New York

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Times would become a tabloid. Technically, yes.

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And in fact, this has already happened. Really?

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Yeah. Since around the year 2000, many very respectable

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highbrow newspapers, especially in the UK and

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Europe, switched to the tabloid size. They usually

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call it the compact format to avoid the stigma.

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Of course they do. Compact. But they did it for

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practicality. It's just easier for commuters

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to handle. So the point is, you can't judge a

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paper's quality solely by its dimensions anymore.

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Fair enough. But for the sake of our deep dive

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today, when we use the word tabloid, we aren't

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talking about paper stock. We are talking about

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the style. Yes. We're talking about tabloid journalism

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as a genre. The red tops, the rags, the scandal

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sheets. This is a specific editorial philosophy

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that prioritizes sensation over nuance, emotion

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over dry facts, and usually the private lives

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of the famous suliner over public policy. It's

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the stuff that makes you gasp. It is the stuff

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that taps into our basest instincts. And while

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we associate this with modern supermarkets, the

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DNA of this industry is actually ancient. To

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really understand it, we have to go back to a

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time before supermarkets, before the United States

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even existed as a country. Where are we going?

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We're going back to London in the 1770s. This

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was my favorite part of the research. I always

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pictured the 1700s as very polite, you know,

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people in powdered wigs bowing to each other.

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But the media landscape was vicious. It was the

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Wild West. Yeah. Absolutely. Literacy was rising,

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coffee houses were booming, and there was this

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insatiable hunger for news. But people didn't

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just want to know about the king or the wars.

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They wanted the dirt. They wanted the dirt. They

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wanted to know who was sleeping with whom, who

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was gambling away their fortune, who had a secret

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child. They wanted society gossip. And stepping

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into this void is a character who I feel needs

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his own Netflix series, Reverend Henry Bate Dudley.

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The fighting parson. What a name. He's an ordained

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priest, but he's also a brawler, a man about

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town, and the editor of the Morning Post, which

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was one of the earliest what we'd call scandal

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sheets. He was a fascinating contradiction. And

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he understood the economics of reputation better

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than anyone. He realized that a newspaper could

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make money in two ways. OK. The first way is

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obvious. You print a scandalous story about a

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duchess. People buy the paper to read about it.

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You make a penny. Simple supply and demand. Pretty

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straightforward. But the second revenue stream

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was far more lucrative and far more sinister.

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It was the suppression fee. This is such a polite

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term for what is essentially extortion. It is

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absolutely extortion. Dudley and his contemporaries

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would draft a story, let's say a rumor, that

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a prominent lord was having an affair with an

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actress. They would set the type. It's ready

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to go. But before they printed the paper, they

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would send a message to the lord. A little note

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arrives. We have this story. It would be a real

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shame if everyone in London read it tomorrow

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over their morning tea. But for a fee, a suppression

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fee, we can make sure this little story just...

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And you have to understand the context of the

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1770s. There was no PR crisis management. There

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was no Instagram to post an apology video. If

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your reputation was ruined in the morning post,

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you were done, socially finished. You could be

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ostracized from society completely. So people

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paid. They had to. They paid fortunes. It became

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a standard line item in the budget of the aristocracy.

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You paid your servants, you paid for your horses,

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and you paid your suppression fees to the scandal

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sheets. Dudley essentially turned silence into

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a commodity. It's the monetization of secrets.

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And what strikes me is how formalized it was.

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I mean, this wasn't just some back alley deal.

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It was part of the actual business model. It

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was an open secret. Sometimes they would even

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print what was called a blind item. Oh, I've

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heard of those. They still do that today. They

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do. They print all the juicy details of the scandal,

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but leave the name blank or use a very, very

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obvious pseudonym. This was a signal to the target.

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A warning shot. Exactly. It says, we know. Everyone

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who matters knows who this is about. Pay up or

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next week we print the real name. That is psychologically

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diabolical. It is. And this model, this idea

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that you can profit from the threat of publishing

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just as much as from the publishing itself is

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the foundational DNA of tabloid journalism. It's

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the core concept. And it travels across the Atlantic

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and lands in the United States, where it finds

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a very fertile ground in the Gilded Age. Right.

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So this brings us to the mid to late 1800s in

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America. And in our research, we have the National

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Police Gazette, which the notes mentioned was

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huge in barbershops. The Gazette was interesting

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because it mixed crime and sex. It had stories

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about, you know, famous murders, but also drawings

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of burlesque dancers. It was kind of the men's

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magazine of its day. A little something for everyone.

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But for the direct lineage of that blackmail

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model we were just talking about, we have to

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look at a publication called Town Topics. Run

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by a man named William Dalton Mann. And if Dudley

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was a brawling priest, Mann was the ultimate

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hypocrite. Colonel Mann. He insisted on the title.

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He was a Civil War veteran, a wealthy entrepreneur,

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and a man who claimed to be on a moral crusade.

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A crusade against who? He looked at the 400,

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the absolute elite of New York society, the Astors,

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the Vanderbilts, and he publicly declared that

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they were rotting from the inside. He said they

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were decadent and corrupt. He said he wanted

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to reform them, right? That was his stated mission.

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That was his public mission. He wrote that his

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goal was to make them too deeply disgusted with

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themselves to continue their silly, empty way

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of life. He positioned town topics as a mirror

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to show the rich how ugly their behavior was.

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So the defense was, I'm only printing this gossip

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about your mistress to save your soul. Exactly.

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This hurts me more than it hurts you. But behind

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the scenes, Mann had perfected Dudley's system.

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He had a vast network of spies. Who were the

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spies? Butlers, maids, carriage drivers, the

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invisible staff who saw and heard everything.

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They fed him the dirt, and he fed the wealthy

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a choice. Pay for a subscription, maybe pay for

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some advertising in his paper, or simply make

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a loan to Colonel Mann. Or you read about your

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sins on Friday when the paper comes out. And

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these loans were never repaid, I assume. Almost

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never. It was a protection racket, plain and

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simple, just wrapped in this moral lecture. And

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it worked for decades because the wealthy had

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everything to lose. But as we move into the 20th

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century, the dynamic starts to shift a little

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bit. We leave the ballrooms of New York and head

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to the Midwest. And this is where the story stops

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being about money and starts being about the

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law. A huge shift. We are going to Duluth, Minnesota,

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the 1920s. A very different setting. Duluth in

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the 20s was a rough, booming port city. Iron

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ore, shipping, timber. It was gritty. It was

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tough. It was also, according to some observers,

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a den of vice. So prohibition was in effect,

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but that didn't matter. Not at all. Speakeasies

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were everywhere. Gambling, prostitution. It was

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a wide open town. And looking down on all this

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supposed sin is a man named John L. Morrison.

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The editor of a paper called The Ripsaw. I love

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that name, The Ripsaw. It sounds like a horror

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movie or maybe a wrestling move. It's aggressive.

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It implies violence. It implies cutting through

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the veneer of respectability to expose the rot

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underneath. And Morrison was different from Mann.

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Very different. Morrison was a fundamentalist.

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He wasn't looking for hush money like Colonel

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Mann. He was looking for purification. He truly

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believed he was doing God's work by exposing

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the corruption of Duluth. So he starts printing

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names, real names of powerful people. He goes

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nuclear. He accuses the police chief of turning

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a blind eye to gambling dens. He claims public

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officials are hanging out in brothels. He writes

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about drunkenness and debauchery among the city

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leaders. And he wasn't using polite euphemisms.

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He was direct. And this wasn't just society gossip.

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This was impacting careers and reputations in

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a very serious way. It was destroying them. Morrison

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was actually convicted of criminal libel at one

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point. But he kept publishing. He didn't care.

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He felt he was on a divine mission. But then

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he made a tactical error. He went after a state

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senator named Mike Boylan. And this is where

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the story takes a turn that affects every single

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person listening to this right now, whether they

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know it or not. It really does. It's incredible.

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So Morrison published a story claiming that Senator

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Boylan had threatened to kill him. It was a sensational

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headline. Boylan was furious. But he knew that

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suing for libel was slow, expensive, and often

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difficult to win. Right, because you had to prove

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the story was false, and a trial would just drag

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all the rumors out into the public eye even more.

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Exactly. It could backfire. So he decided to

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change the rules of the game entirely. He used

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his political power. He went to the Minnesota

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legislature, and he helped pass the Public Nuisance

00:12:11.210 --> 00:12:15.289
Bill of 1925. History remembers it as the Minnesota

00:12:15.289 --> 00:12:18.610
gag law. Okay, gag law sounds bad, but what did

00:12:18.610 --> 00:12:21.070
it actually allow the government to do? It was

00:12:21.070 --> 00:12:24.240
a weapon of mass silence. The law stated that

00:12:24.240 --> 00:12:26.620
any newspaper or magazine that was engaged in

00:12:26.620 --> 00:12:29.320
the business of publishing malicious, scandalous

00:12:29.320 --> 00:12:32.240
and defamatory material could be declared a public

00:12:32.240 --> 00:12:34.960
nuisance. Like a noisy factory or a chemical

00:12:34.960 --> 00:12:37.539
spill? Precisely. And what's the remedy for a

00:12:37.539 --> 00:12:39.580
public nuisance? You shut it down. You shut it

00:12:39.580 --> 00:12:43.320
down. The law allowed a single judge, no jury.

00:12:43.720 --> 00:12:46.379
just a judge, to issue a permanent injunction.

00:12:46.539 --> 00:12:48.559
They could padlock the doors of the printing

00:12:48.559 --> 00:12:50.519
press. They could legally forbid the publisher

00:12:50.519 --> 00:12:52.799
from ever producing a newspaper again. That is

00:12:52.799 --> 00:12:54.980
huge. I mean, that's not just punishing you for

00:12:54.980 --> 00:12:57.460
a specific story. That is taking away your voice

00:12:57.460 --> 00:13:00.419
forever. It's a concept in law called prior restraint,

00:13:00.639 --> 00:13:02.679
and it's the most dangerous form of censorship.

00:13:03.039 --> 00:13:06.600
Why is it so much more dangerous? Because punishing

00:13:06.600 --> 00:13:10.080
someone after they lie is one thing. That's libel

00:13:10.080 --> 00:13:12.929
law. but stopping them from speaking before they

00:13:12.929 --> 00:13:16.009
even opened their mouth. That's tyranny. And

00:13:16.009 --> 00:13:18.850
they used this law. They did. Not only if Saul

00:13:18.850 --> 00:13:20.490
Morrison actually died before they could get

00:13:20.490 --> 00:13:22.730
him, but on another scandal sheet called the

00:13:22.730 --> 00:13:25.029
Saturday Press in Minneapolis. And that case

00:13:25.029 --> 00:13:27.490
went all the way to the top. It did. The publisher

00:13:27.490 --> 00:13:29.789
of the Saturday Press, a man named Jay Neer,

00:13:29.950 --> 00:13:32.919
appealed. Now... We have to be clear. He was

00:13:32.919 --> 00:13:36.200
an unsavory character. His paper was anti -Semitic.

00:13:36.220 --> 00:13:38.899
It was racist. It was deeply sensationalist.

00:13:39.019 --> 00:13:42.100
He was not a hero in the traditional sense. Not

00:13:42.100 --> 00:13:44.929
a champion of the people. Not at all. But his

00:13:44.929 --> 00:13:47.190
lawyer argued that if the government could shut

00:13:47.190 --> 00:13:49.409
down a scandal sheet just because they didn't

00:13:49.409 --> 00:13:51.610
like the tone or because the articles were offensive,

00:13:51.830 --> 00:13:54.090
then no newspaper was safe. The logic being,

00:13:54.149 --> 00:13:56.250
if they can silence the Saturday Press today,

00:13:56.350 --> 00:13:58.009
they can silence the New York Times tomorrow.

00:13:58.330 --> 00:14:00.750
That was the entire argument. The case, near

00:14:00.750 --> 00:14:03.029
v. Minnesota, reached the U .S. Supreme Court

00:14:03.029 --> 00:14:06.769
in 1931. And in a very, very close 5 -4 decision,

00:14:07.090 --> 00:14:09.429
the court ruled in favor of the scandal sheet.

00:14:09.629 --> 00:14:12.610
They struck down the Minnesota gag law as unconstitutional.

00:14:13.000 --> 00:14:18.179
Wow. So we owe our modern press freedom. I mean,

00:14:18.200 --> 00:14:20.059
the ability of The Washington Post to investigate

00:14:20.059 --> 00:14:22.120
the president or The Times to publish the Pentagon

00:14:22.120 --> 00:14:27.000
Papers. We owe that to a racist, trashy tabloid

00:14:27.000 --> 00:14:29.940
in Minnesota. In a very real way, we do. The

00:14:29.940 --> 00:14:31.659
Supreme Court established a precedent that the

00:14:31.659 --> 00:14:34.659
government generally cannot engage in prior restraint.

00:14:35.000 --> 00:14:37.940
They can sue you for libel later, but they cannot

00:14:37.940 --> 00:14:41.059
stop the presses beforehand. It's the great paradox

00:14:41.059 --> 00:14:43.399
of the First Amendment. What's the paradox? To

00:14:43.399 --> 00:14:45.320
protect the high -minded, serious journalism,

00:14:45.580 --> 00:14:47.720
you have to tolerate the ripsaws and the Saturday

00:14:47.720 --> 00:14:50.120
presses. You have to protect the speech you hate

00:14:50.120 --> 00:14:52.240
to ensure that the speech you value is safe.

00:14:52.399 --> 00:14:54.620
You protect the margins to ensure the center

00:14:54.620 --> 00:14:57.460
holds. That is a heavy legacy for a format that

00:14:57.460 --> 00:14:59.559
we mostly associate with batboys and celebrity

00:14:59.559 --> 00:15:02.379
diets these days. It is. But speaking of diets

00:15:02.379 --> 00:15:04.279
and celebrities, we have to move to the next

00:15:04.279 --> 00:15:07.080
major evolution. We've covered the legal landscape.

00:15:07.690 --> 00:15:09.649
But the business landscape changed radically

00:15:09.649 --> 00:15:12.289
in the 1960s. This is the birth of the supermarket

00:15:12.289 --> 00:15:14.470
tabloid, as we know it. Right. This is the era

00:15:14.470 --> 00:15:16.250
of the National Enquirer. And this is where the

00:15:16.250 --> 00:15:18.429
physical location of the news really changes.

00:15:18.690 --> 00:15:22.269
It changes everything. Up until the 1950s, if

00:15:22.269 --> 00:15:24.990
you wanted a paper, you went to a newsstand or

00:15:24.990 --> 00:15:27.809
a kiosk. You made a deliberate choice to buy

00:15:27.809 --> 00:15:31.230
news. But post -war America was a different place.

00:15:31.529 --> 00:15:34.309
The suburbs exploded. The car culture. The daily

00:15:34.309 --> 00:15:36.629
commute changed. And the center of community

00:15:36.629 --> 00:15:39.740
life. for many people, became the supermarket.

00:15:40.059 --> 00:15:42.919
And one man saw a massive opportunity there,

00:15:43.059 --> 00:15:46.240
a guy named Generoso Pope Jr. He bought the National

00:15:46.240 --> 00:15:48.559
Enquirer when it was struggling, and he looked

00:15:48.559 --> 00:15:50.659
at the supermarket checkout line, and he saw

00:15:50.659 --> 00:15:53.039
a gold mine. It was a captive audience. People

00:15:53.039 --> 00:15:55.779
standing there for three to five minutes. bored,

00:15:56.019 --> 00:15:58.539
waiting to pay. It was a perfect place to sell

00:15:58.539 --> 00:16:00.960
something. But there was a problem. Supermarkets

00:16:00.960 --> 00:16:03.019
aren't, you know, they're family places. They're

00:16:03.019 --> 00:16:04.639
conservative. They didn't want the old school

00:16:04.639 --> 00:16:07.100
scandal sheets, which were pretty gruesome. Oh,

00:16:07.139 --> 00:16:09.480
the early Inquirer was bloody. It was full of

00:16:09.480 --> 00:16:12.440
car wrecks, severed heads, stories about torture.

00:16:12.659 --> 00:16:15.600
It was pure. If it bleeds, it leads. Yeah, that's

00:16:15.600 --> 00:16:17.419
not going to sit well next to the lifesavers.

00:16:17.620 --> 00:16:20.220
Pope knew that. He knew the managers at Safeway

00:16:20.220 --> 00:16:22.100
and A &amp;P would never let that sit next to the

00:16:22.100 --> 00:16:24.840
candy bars. So he pivoted. He cleaned it up.

00:16:25.070 --> 00:16:28.190
He swapped the gore for gossip. He traded the

00:16:28.190 --> 00:16:31.350
car crashes for medical miracles, UFOs, and celebrity

00:16:31.350 --> 00:16:35.429
secrets. He made it safe. Sensationalism. But

00:16:35.429 --> 00:16:37.929
his real genius wasn't the content. It was the

00:16:37.929 --> 00:16:41.070
distribution model. He invented the buyback.

00:16:41.710 --> 00:16:43.950
OK, explain that, because on the surface, it

00:16:43.950 --> 00:16:46.110
sounds like a bad deal for the publisher. It

00:16:46.110 --> 00:16:48.309
sounds incredibly risky, but it was brilliant.

00:16:48.750 --> 00:16:51.669
Supermarkets operate on very thin margins. Every

00:16:51.669 --> 00:16:53.750
single inch of shelf space has to make money.

00:16:53.870 --> 00:16:56.429
They hate dead stock. Right. Unsold product.

00:16:56.730 --> 00:16:59.230
Exactly. If they buy a stack of magazines and

00:16:59.230 --> 00:17:02.009
nobody buys them, the store loses money. So they're

00:17:02.009 --> 00:17:04.630
hesitant to take on new products. Pope went to

00:17:04.630 --> 00:17:06.930
the grocers and said, look, I will pay for the

00:17:06.930 --> 00:17:09.259
rack space. You put my papers by the register,

00:17:09.440 --> 00:17:11.200
and if the papers don't sell by the end of the

00:17:11.200 --> 00:17:13.440
week, I will buy them back from you at full price.

00:17:13.660 --> 00:17:16.559
You, the grocer, have zero risk. That removes

00:17:16.559 --> 00:17:19.019
the barrier to entry completely. It's a no -brainer

00:17:19.019 --> 00:17:22.619
for the store. It made the tabloid a pure profit

00:17:22.619 --> 00:17:25.140
center for the store. Why wouldn't you stock

00:17:25.140 --> 00:17:29.799
it? And that is why, almost overnight, the Inquirer,

00:17:29.859 --> 00:17:32.740
the Globe, the Star, they were everywhere. They

00:17:32.740 --> 00:17:34.460
weren't distributed like newspapers anymore.

00:17:34.559 --> 00:17:36.279
They were distributed like chewing gum. They

00:17:36.279 --> 00:17:39.069
became impulse buys. That's the key. And being

00:17:39.069 --> 00:17:42.069
an impulse buy changes how you write the headlines,

00:17:42.250 --> 00:17:44.390
doesn't it? It has to, completely. You're not

00:17:44.390 --> 00:17:46.829
writing for a loyal subscriber who trusts you.

00:17:46.910 --> 00:17:49.529
You're writing to grab someone's eye in the three

00:17:49.529 --> 00:17:51.809
seconds before they put their milk on the conveyor

00:17:51.809 --> 00:17:54.049
belt. So the headlines have to be shorter, punchier,

00:17:54.150 --> 00:17:56.849
more emotional. And the covers became glossy

00:17:56.849 --> 00:17:58.670
and colorful. This is where the modern visual

00:17:58.670 --> 00:18:00.869
identity of the supermarket tabloid was born.

00:18:01.009 --> 00:18:03.430
It was all about that point of sale impact. And

00:18:03.430 --> 00:18:05.529
for a long time, this machine just printed money.

00:18:06.000 --> 00:18:08.980
And the celebrities they covered, they just took

00:18:08.980 --> 00:18:11.099
it. There was this idea that you shouldn't fight

00:18:11.099 --> 00:18:14.200
back, right? The conventional wisdom was don't

00:18:14.200 --> 00:18:17.559
wrestle with a pig. You both get dirty and the

00:18:17.559 --> 00:18:20.440
pig likes it. I've heard that one. Celebrities

00:18:20.440 --> 00:18:22.559
felt that suing just drew more attention to the

00:18:22.559 --> 00:18:25.220
lie. It would be a headline for weeks. So the

00:18:25.220 --> 00:18:28.079
tabloids operated with a sense of impunity. They

00:18:28.079 --> 00:18:30.059
felt they could print almost anything. Until

00:18:30.059 --> 00:18:34.119
Carol Burnett. 1976. This is the turning point.

00:18:34.220 --> 00:18:37.130
The big one. Carol Burnett was America's sweetheart.

00:18:37.390 --> 00:18:40.450
She was funny. She was kind. She was universally

00:18:40.450 --> 00:18:43.849
beloved. An icon. And the National Enquirer ran

00:18:43.849 --> 00:18:46.829
a small item, just a few sentences in a gossip

00:18:46.829 --> 00:18:49.349
column, claiming she'd been drunk and boisterous

00:18:49.349 --> 00:18:51.529
in a restaurant in Washington, D .C., and had

00:18:51.529 --> 00:18:54.269
a loud argument with Henry Kissinger. Which,

00:18:54.309 --> 00:18:56.349
knowing her comedy, sounds like a sketch she

00:18:56.349 --> 00:18:59.349
might do. But as a news report, that's incredibly

00:18:59.349 --> 00:19:01.829
damaging. It was devastating to her. And not

00:19:01.829 --> 00:19:03.990
just professionally. Her parents had both suffered

00:19:03.990 --> 00:19:06.170
from severe alcoholism. It was the great tragedy

00:19:06.170 --> 00:19:07.970
of her childhood. So being accused of public

00:19:07.970 --> 00:19:10.170
drunkenness wasn't just an embarrassing lie for

00:19:10.170 --> 00:19:13.289
a celebrity. It was a deep, deep personal insult.

00:19:13.609 --> 00:19:16.230
It attacked the core of her character. So she

00:19:16.230 --> 00:19:19.049
broke the rule. She decided to wrestle the pig.

00:19:19.250 --> 00:19:22.690
She sued. And the Inquirer was arrogant. They

00:19:22.690 --> 00:19:25.109
were cocky. They relied on a legal standard called

00:19:25.109 --> 00:19:28.069
actual malice. OK, quick refresher on actual

00:19:28.069 --> 00:19:30.769
malice. That's the Supreme Court rule from New

00:19:30.769 --> 00:19:33.069
York Times v. Sullivan that makes it really hard

00:19:33.069 --> 00:19:35.589
for famous people to win libel suits, right?

00:19:35.849 --> 00:19:39.450
Correct. If you were a public figure, you can't

00:19:39.450 --> 00:19:42.210
just prove the story was wrong. That's not enough.

00:19:42.410 --> 00:19:44.710
You have to prove the newspaper knew it was wrong

00:19:44.710 --> 00:19:47.529
and printed it anyway, or that they acted with

00:19:47.529 --> 00:19:50.710
reckless disregard for the truth. It is a very,

00:19:50.769 --> 00:19:53.730
very high bar to clear. And the Inquirer assumes

00:19:53.730 --> 00:19:55.799
she can never prove that. They thought it was

00:19:55.799 --> 00:19:58.960
impossible. But she did. Her lawyers took them

00:19:58.960 --> 00:20:01.279
apart on a witness stand. They showed that the

00:20:01.279 --> 00:20:03.599
writer had based the entire story on hearsay

00:20:03.599 --> 00:20:06.140
from a tipster, had never bothered to verify

00:20:06.140 --> 00:20:08.799
it, and had essentially fabricated the details,

00:20:08.839 --> 00:20:10.599
like the argument with Kissinger, to make it

00:20:10.599 --> 00:20:12.980
juicier. So it was Rex's disregard. The jury

00:20:12.980 --> 00:20:15.440
found that it was. They were furious at the inquirer.

00:20:15.519 --> 00:20:17.460
They awarded Burnett a significant settlement.

00:20:17.619 --> 00:20:19.779
And that must have sent a chill through the entire

00:20:19.779 --> 00:20:22.619
checkout aisle industry. It ended the era of

00:20:22.619 --> 00:20:25.220
total impunity. It didn't stop the tabloids,

00:20:25.220 --> 00:20:28.140
obviously. They're still here. But it professionalized

00:20:28.140 --> 00:20:31.000
them in a weird way. After Burnett, the Inquirer,

00:20:31.099 --> 00:20:32.839
and others beefed up their legal departments,

00:20:33.180 --> 00:20:36.859
they learned how to write in code. Code? What

00:20:36.859 --> 00:20:38.720
do you mean by code? Well, they learned how to

00:20:38.720 --> 00:20:41.599
use qualifying language. Sources say. Insiders

00:20:41.599 --> 00:20:44.230
speculate. Friends are worried that... All these

00:20:44.230 --> 00:20:46.789
phrases give them plausible deniability. They

00:20:46.789 --> 00:20:49.250
learned how to walk right up to the line of defamation

00:20:49.250 --> 00:20:51.670
without actually crossing it. They became much

00:20:51.670 --> 00:20:53.849
more sophisticated about the legal side of lying.

00:20:54.049 --> 00:20:56.940
So they got smarter. They got more careful. But

00:20:56.940 --> 00:20:59.519
recently, we've seen a shift that is, I think,

00:20:59.519 --> 00:21:01.500
even more disturbing. It's not about printing

00:21:01.500 --> 00:21:03.980
lies anymore. It's about not printing anything

00:21:03.980 --> 00:21:06.660
at all. The era of catch and kill. This sounds

00:21:06.660 --> 00:21:08.500
like something from a spy movie, but it is a

00:21:08.500 --> 00:21:10.660
real business practice. And it brings us right

00:21:10.660 --> 00:21:12.599
back to the very beginning, to the suppression

00:21:12.599 --> 00:21:16.160
fees of the 1700s. But now it's on a massive

00:21:16.160 --> 00:21:18.759
corporate scale. It is the industrialization

00:21:18.759 --> 00:21:22.190
of blackmail. That's what it is. Catch and kill

00:21:22.190 --> 00:21:25.930
is a tactic where a tabloid publisher buys the

00:21:25.930 --> 00:21:28.650
exclusive rights to a damaging story about a

00:21:28.650 --> 00:21:31.369
celebrity or a politician, but with no intention

00:21:31.369 --> 00:21:33.609
of ever publishing it. Let's break down the mechanics

00:21:33.609 --> 00:21:36.569
of that because it's devilishly clever. OK, here's

00:21:36.569 --> 00:21:38.849
the scenario. A person comes to American Media

00:21:38.849 --> 00:21:42.109
Inc. or AMI, which for decades owned the Inquirer,

00:21:42.230 --> 00:21:46.309
and says, I have proof, photos, texts, whatever,

00:21:46.470 --> 00:21:49.190
that a famous politician is having an affair.

00:21:49.410 --> 00:21:51.880
Right. A huge scoop. That's the catch. Yeah.

00:21:52.339 --> 00:21:54.500
AMI says, we want this scoop. It's incredible.

00:21:54.680 --> 00:21:57.720
Here's a contract. We will pay you, say, $150

00:21:57.720 --> 00:22:00.059
,000 for the exclusive rights to your story.

00:22:00.559 --> 00:22:03.019
And part of this contract says you are now legally

00:22:03.019 --> 00:22:05.279
forbidden from telling anyone else. So the source

00:22:05.279 --> 00:22:06.880
takes the money, thinking their story is about

00:22:06.880 --> 00:22:09.160
to be on the cover. Exactly. But then comes the

00:22:09.160 --> 00:22:11.740
kill. AMI takes the contract and all the evidence.

00:22:11.779 --> 00:22:14.119
They put it in assays. And they never, ever run

00:22:14.119 --> 00:22:16.660
the story. They bury it. Why on earth would you

00:22:16.660 --> 00:22:19.759
spend $150 ,000 for content you don't use? That's

00:22:19.759 --> 00:22:21.779
the part that seems crazy from a business perspective.

00:22:22.079 --> 00:22:24.539
To protect the subject of the story, usually

00:22:24.539 --> 00:22:26.900
the politician or celebrity is a friend of the

00:22:26.900 --> 00:22:29.339
publisher or someone the publisher wants to gain

00:22:29.339 --> 00:22:32.960
favor with. By killing the story, the publisher

00:22:32.960 --> 00:22:35.900
gains massive leverage over that powerful person.

00:22:36.519 --> 00:22:39.420
It stops being journalism completely. It becomes

00:22:39.420 --> 00:22:42.259
a political contribution or a favor. Precisely.

00:22:42.460 --> 00:22:44.440
And the examples in our notes are incredibly

00:22:44.440 --> 00:22:47.660
high profile. It has been reported that AMI used

00:22:47.660 --> 00:22:50.740
this tactic for years to protect Arnold Schwarzenegger

00:22:50.740 --> 00:22:52.880
during his run for governor of California. I

00:22:52.880 --> 00:22:54.720
remember hearing about that. They allegedly protected

00:22:54.720 --> 00:22:57.259
Harvey Weinstein for years, buying and burying

00:22:57.259 --> 00:22:59.380
stories about his behavior. And of course, the

00:22:59.380 --> 00:23:01.920
most famous case involves Donald Trump and the

00:23:01.920 --> 00:23:05.000
2016 election. The Kara McDougal case. Yes. The

00:23:05.000 --> 00:23:08.420
former Playboy model who alleged an affair. AMI

00:23:08.420 --> 00:23:10.859
paid her for her story specifically to silence

00:23:10.859 --> 00:23:12.500
her during the final months of the campaign.

00:23:13.059 --> 00:23:15.640
This moves the tabloid from being a chaotic,

00:23:15.759 --> 00:23:19.279
neutral observer of trash culture to being an

00:23:19.279 --> 00:23:21.619
active participant in political manipulation.

00:23:22.000 --> 00:23:23.839
It's basically Reverend Dudley's suppression

00:23:23.839 --> 00:23:26.500
fee. But instead of protecting a duke's reputation

00:23:26.500 --> 00:23:29.059
for a few pounds, they're protecting a presidential

00:23:29.059 --> 00:23:31.920
candidate for political influence. The stale

00:23:31.920 --> 00:23:34.440
is different, but the mechanism is identical.

00:23:35.039 --> 00:23:37.619
It proves that information is a weapon. You can

00:23:37.619 --> 00:23:39.980
use it to inform the public, or you can use it

00:23:39.980 --> 00:23:42.599
to control the powerful. Tabloids have always

00:23:42.599 --> 00:23:44.900
understood that the second option is often more

00:23:44.900 --> 00:23:47.180
profitable. Now, we've been very U .S.-centric

00:23:47.180 --> 00:23:48.839
for the last few minutes, but we have to mention

00:23:48.839 --> 00:23:51.259
the British tabloids. Because if you think the

00:23:51.259 --> 00:23:53.680
National Enquirer is aggressive, the British

00:23:53.680 --> 00:23:56.240
Red Tops are. They're a different species entirely.

00:23:56.819 --> 00:24:00.309
Oh, the U .K. tabloid culture is ferocious. It's

00:24:00.309 --> 00:24:02.170
on another level. We're talking about papers

00:24:02.170 --> 00:24:04.609
like The Sun, The Daily Mirror, The Daily Star.

00:24:04.930 --> 00:24:08.029
They are called red tops because they're distinctive

00:24:08.029 --> 00:24:10.630
red mastheads. And in the UK, these aren't just

00:24:10.630 --> 00:24:13.069
supermarket curiosities, right? They're major

00:24:13.069 --> 00:24:15.609
players. They are dominant national newspapers.

00:24:15.849 --> 00:24:18.440
They drive the national conversation. And they

00:24:18.440 --> 00:24:21.579
cover actual news. Really? Like hard news? It's

00:24:21.579 --> 00:24:24.059
a chaotic mix. You will see a giant headline

00:24:24.059 --> 00:24:27.700
about a massive economic crisis or war. And then

00:24:27.700 --> 00:24:30.980
right next to it, a story about a footballer's

00:24:30.980 --> 00:24:34.980
affair or some reality TV star's beach body.

00:24:35.299 --> 00:24:38.259
They blend the high and the low in a way that

00:24:38.259 --> 00:24:40.720
U .S. tabloids don't. And they have immense political

00:24:40.720 --> 00:24:43.859
power. Huge. It used to be said that no one could

00:24:43.859 --> 00:24:45.700
become prime minister without the support of

00:24:45.700 --> 00:24:48.279
the Sun newspaper. They could make or break political

00:24:48.279 --> 00:24:51.299
careers. And that immense power led to immense

00:24:51.299 --> 00:24:53.559
corruption. It did. The phone hacking scandal.

00:24:54.039 --> 00:24:56.480
This was the moment the British public realized

00:24:56.480 --> 00:24:59.480
just how far the Red Tops would go to get a story.

00:24:59.680 --> 00:25:01.910
This is the news of the world, right? Yes. Journalists

00:25:01.910 --> 00:25:04.490
and investigators hired by the paper were systematically

00:25:04.490 --> 00:25:07.430
hacking into the voicemails of royal aides, celebrities,

00:25:07.809 --> 00:25:11.069
politicians, and even the victims of crime and

00:25:11.069 --> 00:25:13.309
terrorism. That's truly dark. That's not just

00:25:13.309 --> 00:25:15.470
chasing celebrities. That's invading the privacy

00:25:15.470 --> 00:25:17.869
of grieving families to get a scoop. It was repugnant.

00:25:17.930 --> 00:25:20.210
They hacked the voicemail of a murdered schoolgirl,

00:25:20.349 --> 00:25:22.589
giving her parents false hope that she was still

00:25:22.589 --> 00:25:24.329
alive because the voicemails were being deleted.

00:25:24.549 --> 00:25:26.569
It was a national disgrace. And what happened?

00:25:26.910 --> 00:25:28.829
It led to the closure of the News of the World,

00:25:28.970 --> 00:25:31.769
a paper that had been in print for 168 years.

00:25:32.109 --> 00:25:34.690
It just shut down overnight. It showed that the

00:25:34.690 --> 00:25:37.910
drive for sensation, if left completely unchecked,

00:25:37.910 --> 00:25:40.109
will eventually eat itself. So bringing it to

00:25:40.109 --> 00:25:42.390
the present day, I feel like the era of the printed

00:25:42.390 --> 00:25:44.349
tabloid is fading. I mean, I see them at the

00:25:44.349 --> 00:25:46.869
checkout, but I rarely see anyone under 50 actually

00:25:46.869 --> 00:25:49.369
buying one. The print market is dying. There's

00:25:49.369 --> 00:25:51.569
no question. The demographics are aging out.

00:25:51.630 --> 00:25:53.890
But the spirit of the tabloid hasn't died. It

00:25:53.890 --> 00:25:56.599
has just migrated. It went online. It's the Daily

00:25:56.599 --> 00:25:59.420
Mail online. It's TMZ. It's all these celebrity

00:25:59.420 --> 00:26:02.180
gossip sites. The Daily Mail is the perfect example.

00:26:02.420 --> 00:26:05.660
It's a British paper, but its website, Mail Online,

00:26:06.000 --> 00:26:08.940
became the most read English language newspaper

00:26:08.940 --> 00:26:11.039
website in the world for a while. How did they

00:26:11.039 --> 00:26:14.059
manage that? They did it by pioneering the sidebar

00:26:14.059 --> 00:26:17.119
of shame. Ah, yes, that endless scroll on the

00:26:17.119 --> 00:26:19.339
right side of the page with just pictures. Infinite

00:26:19.339 --> 00:26:23.769
scroll. Thousands of photos, celebrity oops moments,

00:26:24.150 --> 00:26:27.250
beach bodies, scandals, wardrobe malfunctions.

00:26:27.410 --> 00:26:30.210
They realize that on the Internet, tabloid isn't

00:26:30.210 --> 00:26:32.210
defined by the size of the paper. It is defined

00:26:32.210 --> 00:26:34.329
by the speed and the stickiness of the click.

00:26:34.490 --> 00:26:36.250
And the economics are different, too. We don't

00:26:36.250 --> 00:26:38.269
pay suppression fees or buyback fees. We pay

00:26:38.269 --> 00:26:40.490
with our attention. We pay with our clicks. The

00:26:40.490 --> 00:26:43.170
currency is engagement. And what drives engagement

00:26:43.170 --> 00:26:49.029
online? Outrage. Shock. Scandal. The exact same

00:26:49.029 --> 00:26:51.289
commodities that Reverend Henry Bate Dudley was

00:26:51.289 --> 00:26:54.089
selling in 1770 are the commodities that drive

00:26:54.089 --> 00:26:56.730
the algorithms of today. Which brings me to a

00:26:56.730 --> 00:26:59.009
final thought, a final question, really. We started

00:26:59.009 --> 00:27:00.690
this deep dive talking about how we look down

00:27:00.690 --> 00:27:03.470
on tabloids. We treat them as other. I'm smart.

00:27:03.569 --> 00:27:05.589
I read the Times. They are dumb. They read the

00:27:05.589 --> 00:27:07.490
Inquirer. It's a very comforting delusion, isn't

00:27:07.490 --> 00:27:09.710
it? It is. But look at your phone. Just open

00:27:09.710 --> 00:27:12.710
Instagram or X or TikTok. What do you see? You

00:27:12.710 --> 00:27:15.880
see short, punchy text. Highly visual content.

00:27:16.359 --> 00:27:18.480
Sensational headlines designed to make you react.

00:27:18.660 --> 00:27:21.519
A mix of serious politics and completely frivolous

00:27:21.519 --> 00:27:23.980
gossip all in the same feed. It fits the definition

00:27:23.980 --> 00:27:26.779
of tabloid journalism perfectly. It does, doesn't

00:27:26.779 --> 00:27:29.619
it? Every single point. So my question is this.

00:27:29.859 --> 00:27:32.920
Have we effectively killed the tabloid newspaper

00:27:32.920 --> 00:27:36.680
simply because we turned our entire media consumption

00:27:36.680 --> 00:27:42.819
into one giant global 247 digital tabloid? That

00:27:42.819 --> 00:27:45.519
is the provocative question. If the format is

00:27:45.519 --> 00:27:48.339
defined as quick, emotional, and visual, then

00:27:48.339 --> 00:27:50.859
social media is the ultimate tabloid. We are

00:27:50.859 --> 00:27:52.619
all subscribers now. And we're not just reading

00:27:52.619 --> 00:27:56.019
it. No. In a way, we are all editors, too. We're

00:27:56.019 --> 00:27:58.519
the ones deciding which scandals to share, which

00:27:58.519 --> 00:28:00.819
rumors to amplify, and which stories to suppress

00:28:00.819 --> 00:28:03.099
with our silence. We are all written in Dudley

00:28:03.099 --> 00:28:05.319
now. That is a terrifying thought. Someone to

00:28:05.319 --> 00:28:06.720
think about the next time you're doom -scrolling

00:28:06.720 --> 00:28:08.839
in the checkout line. Thanks for listening to

00:28:08.839 --> 00:28:10.500
this deep dive. Thank you. We'll see you next

00:28:10.500 --> 00:28:10.720
time.
