Secrets
On the Ethics of Concealment
and Revelation
By
Sissela Bok
Chapter XVI
Investigative Journalism
Limits to Probing?
The press is the most important counterbalance we possess against each
of the rationales for secrecy . . . .Without reporters free to probe and
motivated to do so, government and commercial and other forms of secrecy would
have much less to challenge and restrain them (witness those societies where
the media are most subject to control and censorship by the government). The press,
along with the other media of communication, has, therefore, a much clearer
public mandate to probe and to expose than do, for instance, social scientists
or private detectives.
This mandate affects the way in which journalists experience the conflicts felt by all who inquire into what is concealed. It adds legitimacy to their probing of secrets and enhances the allure of the unknown. But reporters invariably encounter claims that much of what they wish to investigate is confidential, be it state secrets or medical or corporate ones. They experience, too, efforts at co‑optation, at including them within a chosen circle of persons in the know who cannot reveal all that they know. At other times, reporters have reason to fear reprisals from those whose secrets they have exposed.
Should journalists recognize limits to what they can legitimately probe and to the means for doing so? Or would such restraints inevitably threaten independent reporting and the freedom of expression? I shall discuss these questions first with respect to prying into personal secrets and private lives, and then in the larger context of the public's right to know; finally, I shall take up the issue of secretive and deceptive means of investigation. These problems have been dealt with at length in the law, though not always conclusively. As the following example shows however, the legal and the moral issues are not identical.
Exposing Private Lives
In 1937, James Thurber
unwittingly set in motion what he later described as the most important legal
case in the history of the New Yorker magazine
and its only conflict ever to reach the Supreme Court. Using the pseudonym
Jared L. Manley, he published an essay entitled "April Fool!" about a
man once famous as a child prodigy who now shunned every mention of his former
feats. The essay brought out the contrast between the brilliant but exploited
childhood of William James Sidis and what seemed an undistinguished, indeed
shabby and ludicrous, later life.
Almost from birth, the boy
was subjected to training sessions, hypnosis, and psychological experimentation
by his father, Boris Sidis, a psychologist bent on producing a genius. William
learned to read and write both English and French in his earliest years. At
five, he had written a treatise on anatomy, and at eight he proposed a new
table of logarithms. Boris Sidis reported on each new feat to the press. He
wrote a book entitled Philistine and
Genius to promote his methods of education. Conventional education, he
insisted, turns children into uncritical philistines and willing cannon
fodder. By stimulating early development, on the other hand, one will "not
only prevent vice, crime, and disease, but will strengthen the individual along
all lines, physical, mental, and moral." He claimed to be able to speak
with authority, "from my own experience with child‑life."
When William was nine, his
parents began taking him to nearby Tufts College. At eleven, having transferred
to Harvard, the boy gave a stunning lecture before students and faculty on
"four‑dimensional bodies." The national press gave front‑page
coverage to this event, and editorialists gave favorable notice to the
educational theories of Boris Sidis .4 But in the ensuing years, William
refused to cater to his father's hopes. Although he completed his college
studies, he rejected the future his father had mapped out for him. Finding
publicity offensive and mathematical work increasingly distasteful, William
turned down all further requests that he display his powers in public. He left
graduate school without a degree.
After a brief stint at
college teaching, he abandoned academic life for good, severed relations with
his family, and took up one menial job after another, only to leave it each
time someone discovered he was the same William Sidis who had been so famous as
a child prodigy. His childhood feats could not be kept secret or wiped out.
They were public knowledge. But his connection
to those feats‑this he could try to conceal.
The New Yorker article cornered him. Drawing on the account of an
unnamed woman who "recently succeeded in interviewing him," its
author exposed Sidis at age thirty‑nine, living alone in an untidy
"hall bedroom of Boston's shabby south end." After recounting once
again Sidis's childhood exploits, the article focused with ruthless detail on
his quest for anonymity and his incongruous present behavior. "He seems to
have difficulty in finding the right words to express himself," the author
noted, "but when he does, he speaks rapidly, nodding his head jerkily to
emphasize his points, gesturing with his left hand, uttering occasionally a
curious, gasping laugh."
Writing the piece may have
had its pleasures of accurate depiction and condescending humor. Reading it may
have served for many as a reminder of the downfall of the famous and as a
warning against pressing children too far. But for Sidis himself, the article
came as a blow where he was most vulnerable. His fragile defenses were
penetrated. Not only did the essay shine a hated spotlight once more on the
life he wanted to live in obscurity; it also held him up, he felt, to ridicule
and shame. His response was to sue for invasion of privacy, claiming that the
article
tended to expose, and did expose, the private life
of the plaintiff to unwarranted and undesired publicity of a nature unfamiliar
and harmful to the plaintiff, and tended to and did hold up the plaintiff to
public scorn, ridicule, and contempt causing him grievous mental anguish,
humiliation, and loss of reputation.
After the case had gone to
court, Thurber explained that he had wanted to "help curb the great American thrusting of talented children
into the glare of fame and notoriety" by showing how these children suffer
in later life. This aim is not evident in the essay itself, the less so as its
author did more than anyone else to renew the glare of notoriety for Sidis.
What comes across, rather, is a distant and amused contempt for those judged to
be doing less than they might, and living boring lives, in one‑room
apartments.
Sidis lost his suit and lost
again on appeal. Judge Clark, though characterizing the New Yorker article as "merciless," held that it did not
constitute punishable invasion of privacy. In the first place, much of what the
article had revealed about Sidis's childhood was already public knowledge.
People have no legal claim to erase their childhood fame, nor to remain
unconnected with it in later life. In addition, courts have held that, once a
public figure, one has fewer lawful claims to
privacy than other persons. The health of public officials, for example, or
their children's peccadilloes cannot legally be kept out of the press in the
same way that such information about private individuals might be.
When the Supreme Court
refused to hear the case, Sidis had no further recourse. The courts may well
have been right to rule as they did. To have acceded to Sidis's claims could
have endangered much reporting about matters of public importance; every shady
venture could then try to hide behind similar claims to invasion of privacy.
Nevertheless, Sidis felt violated
¾ and was violated. What for
many might have seemed a tolerable exposure touched, for him, on aspects of
his identity that he ached to veil in secrecy. Wishing above all to be forgotten,
he was condemned to being remembered.9 Much abused as a child, he had developed
an exaggerated sense of vulnerability; he now had higher but also more fragile
defenses than most. When they were broken down, he felt more injured than
most. In 1944, Sidis -- unemployed and destitute -- was found unconscious
in his apartment and died without regaining consciousness.
Though unusually hurt by his
exposure, Sidis is far from alone in being drawn into publicity against his
wishes. Yet it would be wrong to conclude that journalists ought to write only
about persons who have given their consent. As I have indicated in earlier
chapters, those who use secrecy to cover up for abuses often resort to spurious
claims of privacy, confidentiality, or national security. It is important for
reporters not to take those claims at face value.
There is no clear line
surrounding private life that can demarcate regions journalists ought not to
explore. The serious illness of a political candidate or the paranoia of a
government leader are surely matters for legitimate public concern. Health
professionals should not conceal them, much less lie about them as has so often
been done, nor should reporters help keep the public in the dark through
misguided discretion. Such concealment helped disguise from the public the
mental deterioration suffered by Winston Churchill in his last years, and
Hubert Humphrey's worsening cancer at the time when he announced he would
campaign to be the Democratic candidate in the 1976 presidential election.
Those who take public
positions cannot always complain if they receive scrutiny of a kind that would
he intrusive for completely private citizens. Thus a reporter who wrote a story
proving that a prominent member of the American Nazi Party was half Jewish was
not overstepping the bounds of legitimate privacy. True, the information was of
a kind that the Nazi wanted kept secret; but having taken a strong public
stance of anti‑Semitism, he could hardly hold the information irrelevant
to the public's evaluation of his views. Nor did his death, in what seemed to
be suicide, the day after the story appeared render it more invasive.
The children of those who
have sought public attention, on the other hand, often have a stronger claim to
be left in peace. Some are pursued relentlessly, the victims of a system of
probing and reporting that draws few lines with respect to the invasion of
privacy. The Sidis case is marginal from this point of view. On the one hand it
was Sidis, and not only his parents, who had been in the public eye. On the
other hand, Sidis might have argued that he could not, as a child, have put up
sufficient resistance to his father's efforts to publicize his precocity, nor
even have known how they would affect him. Should he have to acquiesce in
continued scrutiny because his parents had sought to make him famous? The judge
in the Sidis case thought so. He held that public interest in Sidis was
legitimate because of his earlier brilliance and fame.
The public doubtless had an
interest in Sidis; and its interest was legitimate, not only in the sense
of attaching to someone already in the public eye but also more generally.
It is not wrong to be interested in another person's life, no matter whether
that person is famous or not. However, the public's interest in Sidis was
not based on any need to know what
had befallen him --unlike, for instance, the need to know the whereabouts
and employment record of someone running for political office. This difference
in need engenders a difference in the degree to which reporters should respect
requests for anonymity and privacy. Though readers might well have had a legitimate
interest, based on curiosity, to know more about Sidis, they could hardly
claim a right to acquire such knowledge against his wishes.
The confusing expression
"the public's right to know" is often used to justify all that
reporters do to cater to both need and interest on the part of the public, of
whatever degree of legitimacy. Thus the 1973 Code of Ethics for journalists
holds that "the public's right to know of events of public importance and
interest is the overriding mission of the mass media," and states that
"journalists must be free of obligations to any interest other than the
public's right to know."
To question what is done to
satisfy such an all‑inclusive right to know is to risk being accused of
making dangerous inroads on the constitutionally guaranteed freedom of the
press. We see here once again a rationale serving the double function of
offering reasons and of warding off legitimate criticism. Yet questioning is
surely needed.
The Public’s Right To Know
Taken by itself, the notion
that the public has a "right to know" is as quixotic from an
epistemological as from a moral point of view, and the idea of the public's
"right to know the truth" even more so. It would be hard to find a
more fitting analogue to Jeremy Bentham's characterization of talk about
natural and imprescriptible rights as "rhetorical nonsense ¾ nonsense upon stilts." How can one lay
claims to a right to know the truth when
even partial knowledge is out of reach concerning most human affairs, and when
bias and rationalization and denial skew and limit knowledge still further? And
how can one claim a right even to all
the limited insights that it might be possible to acquire? Even such limited
knowledge can rarely be viewed as a matter of right; indeed, there are realms
about which we recognize that we must claim no rights to knowledge: the
personal letters others wish to keep private, for example, or their intimate
relationships.
So patently inadequate is
the rationale of the public's right to know as a justification for all that
reporters probe and expose, that although some still intone it ritualistically
at the slightest provocation, most now refer to it with tired irony. Yet at the
same time the slogan is not given up, for in spite of its inadequacy it is
linked to vital public interests and entitlements. I shall examine these links,
therefore, in the hope of drawing from the rationale the factors that affect
moral choice.
In the United States, the notion
of a public "right to know" is closely linked with the First
Amendment and its guarantee that "Congress shall make no law . . .
abridging the freedom of speech, or of the press." This guarantee lends
dignity and even sacredness to the function of the press; for many reporters,
it suffices to justify almost all they do. But exactly how does the link
function? How does the First Amendment connect with the public's right to know?
Some argue that the First
Amendment presupposes the existence of the public's right to know. Were there
no such right, they hold, there would be no need for the amendment. This view,
however, merely states a conclusion without arguing for it. No evidence is
offered for the link; and it is not clear why, even in the absence of an underlying
right to know, the freedom of speech and of the press would not be thought
indispensable. Others argue that the link is so close that it is one of
mirroring: we cannot have freedom of the press without having it reflected in a
public right to knowledge. Since we recognize the former, we must recognize the
latter as well. Each presupposes the other, and justifies it in turn. Thus
Laurence Tribe has held that at times the right to know "means nothing
more than a mirror of such a right to speak, a listener's right that government
not interfere with a willing speaker's liberty. "
Ronald Dworkin has argued,
on the contrary, that the right to speak does not entail or mirror the right to
know; at most, he holds, it may support a right to listen, and thus not to have the government interpose obstacles to
that right between willing speakers and willing listeners. But such a right to
listen is "very different from the right to know, because the latter,
unlike the former, supposes that those who have the information have a duty and
not simply a right to publish it. The Supreme Court has not recognized a right
to know as a constitutional right. No one could sue the New York Times for not publishing
the Pentagon Papers."
Dworkin's distinction is
persuasive. We cannot legitimately argue from someone's right to disseminate a
story to the public's right to the information it contains, much less to any
obligation to disseminate it. The entailment by the First Amendment of the
public's right to know, therefore, is not tenable, and cannot provide the
justification for all that is done in the name of catering to such a right.
If we give up this
foundation for the public's right to know, might it not be possible to say that
the freedom of the press can, in itself, provide the needed justification for
all that reporters do? This is certainly the assumption of many who have begun
to doubt the solidity of the right to know. Whatever the errors and abuses by
reporters, they argue, the freedom of the press and of speech more generally
must be protected against every inroad. Yet this assumption is too hasty. Even
in the law, certain excesses are prohibited. And a legal right to free
expression cannot do away with the need for moral scruples in choosing what to
publish. Consider a derisive and condescending newspaper article about rape
victims, complete with photographs and addresses acquired against their will. A
reporter might not go to jail for publishing it, but he should nevertheless
consider the moral reasons against publication before going ahead. He could not
reasonably argue that the public has a right to such information; nor could he
legitimately ignore the effects of his story on those already violated.
Some see another kind of link,
of a dialectical nature, between the claim to the public's right to know and
the countervailing claims to rights of privacy over experiences that the public
arguably has no right whatsoever to learn about. 18 In the perennial tensions
between concealment and probing, reciprocal strategies often arise. In recent
decades, each side has turned to the language of rights. I have previously
discussed the spreading use and the frequent abuse of claims to privacy by
individuals and organizations. As reporters find growing barriers erected
against their probing in the name of such a right to privacy, they have come
to turn more often for legitimacy to arguments equally vague in the name of
the right to know. (Interestingly, the 1973 Code of Ethics for
Journalists . . . made no references to this right in its earlier 1923 version.)
Reciprocal bombast, however,
does not make for clarity. Both claims - to privacy and to knowledge -- serve
increasingly as rationalizations. The more diffusely they come to be applied,
the more they blur and delay moral inquiry. The undoubted dialectical relationship
between the claims to these rights does not, any more than the First Amendment,
provide justification for excesses of reportorial probing.
A third link comes closer to
justifying zealous, even otherwise intrusive reporting -- but only for a circumscribed
category of information. Here we no longer speak of some indiscriminate and
vague public right to know, but of a clear legal right. It is the statutory
right of the public to know about its government, expressed by the United
States Congress in establishing the Freedom of Information Act. . . . For the great majority of government records, Congress held,
“the public as a whole has a right to know what its government is doing."
Long before such a law was enacted, this right was advocated as a means
of limiting executive and legislative secrecy. In 1747, at a time of complete legislative secrecy
in England, the London Magazine stated:
"Every subject not only has the right, but is duty bound, to inquire
into the public measures pursued." And in the American Colonies, where
equal secretiveness prevailed, the issue was similarly joined as one of whether
the people did or did not have a right to know about government.
Such a right to know does correspond
to a duty to reveal: the government has the duty to reveal that which the
public has a right to know. In the same way, doctors have the duty not to
withhold the information to which their patients have a right. Just as it
is wrong to keep certain secrets from individuals, so it is wrong to keep
some information from the public -- about the misconduct of a war, for example,
or the use of taxpayers' money for an official's private gain. But neither
physicians nor governments have a duty to provide indiscriminate disclosure
of all possible information.
Unlike the patient's right
to information, the public's right to know about government activities can
rarely be satisfied directly. To be sure, some can have direct access to certain
information, or request it in person; but most people must rely on the media
as indispensable intermediaries. As a result, the public's right to know about
government does require a free press and access by the press to congressional
and other deliberations.
But the public clearly has
an equally legitimate interest in matters far beyond the domain of government.
Unsafe private housing developments are of public concern fully as much as
unsafe public housing; and the marketing of automobiles that are firetraps
matters as much to the public as if the government were responsible for them.
Indeed, it has become increasingly hard to draw a clear line between government
information and information about the private sector. Commercial secrecy and
scientific secrecy now blend with military secrecy in ways hardly imaginable by
the early advocates of the public's right to know about government. And
administrative secrecy now covers agencies and categories of persons and
information to an extent equally difficult to foretell.
In addition, many countries
have no statutorily guaranteed right of
knowledge about government affairs; yet the public in those countries clearly
has as great, and as legitimate, an interest
in government action as elsewhere, and the press, therefore, as strong a
mandate to inform the public. Indeed, quite apart from one's country of
residence, societies are now so dependent upon one another's fortunes that the
public in each has a legitimate interest in the affairs of all the others. Thus
the publics in the many countries without nuclear weapons can hardly be said to
have less to lose from the production of such weapons in other states than the
inhabitants of these states themselves. When the governments of the United
States, the Soviet Union, England, France, and China chose in secret to develop
such weapons, not only were citizens in their countries deprived of their right
to debate the choices that were to affect their future so profoundly; people
the world over were equally deprived of an opportunity to influence their own
fate.
For these reasons, it would
be wrong merely to cling to a legalistic notion of a statutory right to know
about the affairs of one's government. Rather, the role of the press should be
to satisfy in the first place the public's legitimate interest in learning
about matters ¾ governmental or not ¾ that affect its welfare. The reporting
concerning such matters should be forceful; and it should not accede to all the
claims we have examined: to privacy, confidentiality, or trade, scientific,
administrative, and military secrecy. At times these shields are legitimate;
but their legitimacy cannot be taken for granted. The inherent secretiveness of
governments and all other institutions calls for the greatest vigilance on the
part of the media.
Some hold that the vigilance
must be of an adversary nature‑that there can be no truce between politicians
and the press. This goes too far, since adversary relations engender so many
biases of their own. They lead too easily, as I have shown, to the adoption
of quasi‑military rationales that blur moral choice. And the adversary
posture of one side only intensifies that of the other. Rather than celebrate
such a posture as a model, the media might strive for one of vigilant objectivity
with respect both to government rationales and to their own. The cooptation
that is an ever‑present danger can come not only from establishment
groups but from opposition groups, even from the journalistic fraternity itself.
To sum up: The public's right to know, even where protected by statute,
cannot be a right to knowledge or truth, but at best to access to information;
and not to all information, but only to some. The public has a legitimate
interest, however, in all information about matters that might affect its
welfare, quite apart from whether a right to this information can be established.
If the press is to fulfill its public mandate, it should provide the greatest
possible public access to this broad range of information. In addition, journalists
also report on much that is of interest to the public, not because of any
need for information, but rather to satisfy curiosity. Such reporting is equally
legitimate, but it requires special attention to individual privacy. It is
in this respect that the story about Sidis went too far; and though its publication
did not violate any law, no public right or need gave moral warrant to carry
it through without securing William Sidis's consent.
We cannot know whether Sidis
was interviewed without being informed that there would be a New Yorker article about him. Perhaps he
did not even know that the young woman from whose interview Thurber drew his
details was interviewing him for publication. If so, Sidis had reason to
complain, not just about having been made the subject of an article against his
will, but about the underhanded means used to acquire the information about
him. It is to questions about the means of journalistic investigation that I
want to turn next.
Reporters in Disguise
The reporter's role, like
all others, masks the individual within and signals caution to outsiders.
Reporters know that their very presence at a meeting, if known, alters that
meeting. Participants are on their guard; many play to the gallery, and
consider how the public will respond to the interpretation of what they do or
say. And all who have something to hide are doubly cautious when they talk to
journalists. The desire is therefore strong for reporters not to appear as
reporters in order to catch those they study off guard, to unmask them or see
beneath the appearances, to reach to "real" individuals, plans, and
activities.
One way for reporters to disguise their intentions is to
appear merely as,anonymous participants. Another is to assume a new and different
role. This can be done through a quick lie, as when a reporter gives a false
name to secure entry to a gathering of celebrities or to the signing of a
peace treaty. It can also be done by means of the most elaborate webs of deceit.
Thus a group of reporters for
the Chicago Sun‑Times bought and operated a bar -- the Mirage -- in 1977,
in order to try to expose some of the payoffs, tax fraud, bribery, and illegal
gun and liquor sales plaguing Chicago. With reporters working as bartenders,
and others listening in and taking photographs from a hidden room, they gathered
so much evidence that the authorities could hardly cope with all the indictments
and investigations that ensued. The scandal helped to unseat city officials
and brought out countless reports of similar pressures for kickbacks and bribes
by police, vending-machine operators, fire inspectors, and others. In this
scheme, reporters assumed the investigative role of the police and indeed
worked closely with certain police officials.
In justification, those who
sponsored the project held that the police could not cope with the pervasive
corruption in the city, that the public was injured by not knowing enough to
try to stop it, and that the persons who were profiting unfairly from the
corrupt practices should be brought to trial.
Perhaps the best‑known
and most versatile master of disguise and infiltration for purposes of exposure
is the German publicist Giinter Wallraff. He has used every means of deceit
and concealment in order to enter and explore secret domains. He has tricked
the police into employing him as an informer infiltrating radical student
groups, impersonated a guard in an insurance company in Cologne, and acted
the part of a right‑wing emissary of Franz-Joseph Strauss offering to
arm and finance General Spinola's plot for a coup in Portugal. His books documenting
these other probes have sold throughout the world .
Born in Cologne during World
War 11, Wallraff approaches his tasks with military precision and carefully
mapped strategy. The enemy, for him, is the German state, and the press and
bureaucracies and corporations that support it and feed on it. He has,
therefore, a much more extensive mission of battle against corruption and
coercion than the reporters who manned the Mirage bar in Chicago. He could
never, as they did, let police officials know from the beginning about his
plans. And to a much greater extent than they, he presupposes plots by the
establishment to bring him down and to silence him.
Wallraff s most celebrated
foray was the infiltration of the German tabloid Bild‑Zeitung. Having exchanged his glasses for contact lenses,
changed his way of combing his hair, bought an expensive suit, and changed
his body language to give the impression of an ingratiating but ruthless careerist;
he presented himself as "Hans Esser" for an interview with the local
editor in Hanover. Hired as a free-lance editor, he saw from within how stories
were forced out of unwilling witnesses, exaggerated, given the right political
slant, sometimes made up from whole cloth. The macabre, the monstrous, and
the titillating were extracted from everyday occurrences; and neither employees
nor those interviewed were spared in the pressure for sensational stories.
Social criticism was edited out of his articles, sexual innuendo brought in.
Wallraff entered so wholly into his role that he made rapid progress. In his
diary, he wrote of his constant fear of discovery and expressed his anxiety
that he might be turning into the kind of person he portrayed.
What is it really that
changes? One goes through something, and there is always a residue, one cannot
act as though one escaped completely unharmed... it is as with smoking: one
needs at least as long a time of not smoking to return to normal. Here one is
also infected in some manner. One needs a long time. But what is it that has
changed? Perhaps one is somewhat more coldblooded from now on, more hardboiled,
colder toward many, and can feel aloof from things more easily. Much that
earlier would have caused horror does not touch one anymore. One says: I don't see the story.
As if to set his books apart
from all his dissembling toward others and from the falsified stories he wrote
while working for the Bild-Zeitung,
Wallraff has gone to unusual lengths to insist on the truthfulness of
his reporting. "Of course, " he wrote in the preface to the book
describing that experience, “nothing is either invented or fabricated."
Such assurances are not
unusual among journalists who undertake infiltrative reporting; the stealthier
their methods of probing, the more forcefully they proclaim honesty and accuracy
in reporting. It is as if they asked to be judged solely by what they say in
print, not by what they do to investigate. But when a reporter infiltrates a
newspaper, as Wallraff did, and writes misleading stories in order to maintain
the disguise, difficulty is compounded. He can no longer draw the distinction
between honest writing and deceptive action.
And, as his diary excerpt shows, he feared being changed by the false
role he lived, just as one looks at ohers differently once one knows them to be
smooth and experienced liars, so one's view of oneself may alter. For purposes
of self‑respect, it may then become especially important to set aside
some aspect of one's work or some relationships in which one holds oneself to
the highest standards.
To escape from the pressure
of impersonating Hans Esser, Walraff would take a few days off now and then,
and spend time with friends in whom he confided and with whom he could be
himself. He knew, he wrote, that many of them conveyed the secret to still
others in spite of promises of confidentiality, and was pleased that, "during
four months, nothing came out to the other side, that no one betrayed me for
money or advancement."
Abruptly, his cover was broken.
A friend warned him that a small left‑wing magazine was about to publish
the news that Gunter Wallraff was working for the Bild-Zeitung under the name of Hans Esser. Wallraff failed to show
up for work the next day, and the newspaper chain, accusing him of a warped
personality and "crypto‑Communism," brought suit for "false
impersonation and unauthorized use of title." The suit was lost, but
the debate over Wallraff s methods continued in the media. Were they justified?
And did the justification depend in part on one's view of what Wallraff meant
to expose?
Wallraff goes to unusual
lengths in answering such questions in his book. To begin with, he dismisses
criticism from his opponents, arguing that they have forfeited all credibility
in complaining about his deceptive methods. They are themselves so steeped in
deceit and coercion, he holds, that they can hardly object to his dissimulation
without the most contemptible hypocrisy. But by itself, this argument does
nothing to justify his methods; certain critics may have ruled themselves out
as credible judges by their own behavior; but Wallraff must, if he is to
justify his methods, confront also the standards of persons he would recognize
as more objective.
A second argument is meant
to do so; it points to the disparity between his own small deceits and the vast
conspiracies of coercion and manipulation they are mustered to combat. “I
decided to conspire in order to take a look over the wall of camouflage,
denials, and lies. The method I adopted was only slightly illegal by comparison
with the illegal deceptions and maneuvers that I unmasked," Wallraff
argues. His job was "to deceive in order not to be deceived‑to break
the rules of the game in order to disclose the secret rules of power."
By itself, this argument is
also insufficient. No matter how deceitful or lawless the powers that Wallraff
hoped to unmask, he might well agree that ordinary reportorial means should be
preferred whenever possible. A third argument comes to the support of the
preceding two: it claims necessity. Because his opponents are so powerful and
so closely linked in a vast conspiracy with state, industry, and the military,
no alternative method, according to this argument, can succeed. Anyone who is
serious about the mission of unmasking must therefore use disguise and deceit.
A sense of urgency comes to underline the need for such methods. The social
crisis requires rapid action, by whatever means.
This argument resembles
those made for deceit in war. Ordinary channels of correction and control have
broken down; law and morality cannot be counted upon; more primitive principles
come into operation, justifying actions with claims such as "All is fair
in love and war. " Such an argument requires for its effectiveness a sure
belief in the hostility of those one combats and in the depth of their evil.
And it explains the constant use of military language even in schemes that are
not otherwise of a military nature.
Arguments of this kind are
sometimes to the point, but they are peculiarly likely to function as
rationalization. They obscure reasoning and invite bias of every kind. They
often exaggerate the crisis at hand and the conspiratorial nature of opponents,
and they underestimate the adequacy of other methods of investigation. Wallraff
could not, in effect, demonstrate either conspiracy or crisis in the newspaper
he was investigating, nor show why the many shabby practices that he uncovered
could be exposed only by means of infiltration. For journalists as for social
scientists and other probers, the infiltrator is often seeking a shortcut for
which the more experienced have no need.
There are nevertheless cases
of abuse so serious, and kept so secret, that few methods short of deceptive
ones would be capable of the exposure that is clearly needed. Exploitative
migran-labor camps or substandard homes for the aged may exclude all investigators
save those who gain entry under false colors. Can reporters claim to be justified,
at such times, in presenting false papers of employment and identity in order
to witness the abuses from within?
Even in such cases, while it
may be true that reporters have no open means of investigation, public authorities
do. Because journalists lack means such as subpoenas or search warrants, they
may be tempted more often to resort to deceit. As a Los Angeles Times reporter is said to have
remarked after posing as an animal keeper in a zoo, an employee in a juvenile
detention facility, an oil pipeline worker in Alaska, and a doctor in a hospital
emergency room:
I'm a great believer in the reporter as observer.
First‑hand observation is the ultimate documentation. A reporter doesn't
have a badge or subpoena power or . . . wiretap authority. He has to use his .
. . wits. That's what I try to do . . . . Almost every big
story I've done, I've had to impersonate someone.
So long as the police or other
public authorities are coping with the problem, it is not enough for journalists
merely to show that they do not
have methods of entry as satisfactory as infiltration. If the police can investigate
openly what journalists must ferret out in disguise, the former have to be
preferred. And even police undercover agents -- though their methods are dangerous
in their own right -- are subject to more stringent regulation than the swarms
of other investigators engaged in similar pursuits.
At times, however, the
police either cannot or will not take part in the investigation. The government
itself may be corrupt, or the police inefficient or overworked, sometimes even
prevented from investigating a problem. In the Watergate affair, for instance,
it would have been useless for journalists to seek police cooperation. When the
government itself is at fault, or high officials within it, the justification
earlier inferred from the public's right to know comes into play once again;
the press's role as intermediary must then give way to a degree of probing and
of suspicion ordinarily excessive.
If a group of editors and reporters
have concluded that they see no alternative means and no alternative agencies
of investigation to whom the probing of a particular problem can safely be
left, they must still weigh the moral arguments for and against deceptive
infiltration or other surreptitious methods. Knowing that such means are morally
questionable, they must then ask whether their goal warrants the use of such
methods. This would not be the case with respect to minor infractions. But
once again, in the case of the Watergate investigation by the Washington Post, the issue was obviously
of the highest importance. The reporters in that case did not use infiltrative
means, and it is doubtful whether these would have worked, but they did resort
to deception at times. Their book reveals no soul-searching on this score,
and we cannot know whether the deception was necessary to uncovering the story.
If such a necessity could be shown, then the case would offer persuasive grounds
for using limited deception.
Another consideration that
newspaper or television editors should take seriously before going ahead even
with clandestine investigations they consider important has to do with the
effect on their own credibility and that of the media in general. They know
that public confidence in media reliability is already low, and they recognize
the existing pressure for rushed stories, forever incomplete, all too often
exaggerated or misinterpreted. If the public learns about an elaborate
undercover operation such as that of the Mirage bar, many may ask why they
should have confidence in the published stories based on information acquired
through such an elaborate hoax. The press can hardly afford to saddle itself
with more grounds for mistrust; and this consideration should form part of
editorial decision‑making, even if it leads to the curtailment of an
otherwise dramatic cover story.
The press and other news
media rightly stand for openness in public discourse. But until they give
equally firm support to openness in their own practices, their stance will be
inconsistent and lend credence to charges of unfairness. It is now a stance
that challenges every collective rationale for secrecy save the media's own.
Yet the media serve commercial and partisan interests in addition to public
ones; and media practices of secrecy, selective disclosure, and probing should
not be exempt from scrutiny.
Without to know will combine
with the fierce competition in news reporting to deflect questions about limits
to what reporters and editors can do in pursuing their professional goals. And
without such scrutiny, we shall see perpetuated the media's uneasy alliance
with other forms of institutional secrecy ¾ the dependency by certain
insiders on favors granted by corporate and government executives, the over‑reliance
on leaks and on secret sources, and the silence about politically or
commercially "sensitive" topics. Because the task of reporting the
news is both an indispensable public resource and big business, and because of
the great power now wielded by the media, a commitment to openness and to
accountability is more necessary than ever.