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What You Can Learn From Doug Gottlieb’s Missteps

Reporting is a trade, a profession, and while the premise of the job is simply to tell the truth, we all know how complicated the very idea of the truth has become.

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Doug Gottlieb

Doug Gottlieb deserves credit for admitting his error.

I want to make that very clear up front because I’m going to spend a good chunk of this column being fairly critical of something Gottlieb did. It’s something that Gottlieb has already taken a good deal of flak for, and I’m not writing about this column to pile on, but because there’s a bigger point to be made here not about Gottlieb specifically but about sports media in general.

There’s a whole lot of people who are using the language of news reporting without knowing what actually goes into the practice of reporting the news or understanding the implications of reporting the news. And if you start talking like a reporter without having the chops of a reporter, it leaves you vulnerable to getting pantsed in public like Gottlieb just did. Personally, I thought it was funny, but to be very candid that’s because I’m petty and I don’t personally care for Gottlieb’s perspective or his work. That’s my personal opinion, though, and I’m focused on the professional aspect here because there’s a larger point to be made. But to do that, we need to backtrack to June just after Freddie Freeman returned to Atlanta with the Los Angeles Dodgers. Buster Olney of ESPN reported about the emotional fallout from Freeman’s free-agent departure from Atlanta. Olney reported Freeman had fired Excel Sports Management, the agency that handled the negotiations first with the Braves and later with the Dodgers.

Enter Gottlieb. After Olney’s report, Gottlieb tweeted a more specific allegation about a specific agent at Excel: “Casey Close never told Freddie Freeman about the Braves final offer, that is why Freeman fired him. He found out in Atlanta this weekend. It isn’t that rare to have happen in MLB, but it happened – Close knew Freddie would have taken the ATL deal.”

This is not presented as Gottlieb’s opinion, but rather stated as a fact. It is essentially an allegation of professional malpractice, an agent failing to provide his client with all the information necessary for an informed decision. In this case, Gottlieb stated that Freeman was prevented from acting on an offer he would have accepted because his agent didn’t tell him.

Let’s pause the story right here before we get to Close’s reaction to the report. Gottlieb has every right to report hard news. There’s no class you must pass to become verified as a reporter, no certificate you must earn. You don’t even need to have studied journalism in college to practice the profession. But there are expectations that this language creates for those who read it. He is stating not what he thought happened or what he’s heard might have happened. Gottlieb stated this is what happened, and a good reporter must not only know this is exactly what happened but be able to demonstrate why he knows this is exactly what happened for reasons we’re about to see.

Close contested Gottlieb’s account. Then Close sued Gottlieb for libel in a New York district court, releasing the following statement: “Although we gave Mr. Gottlieb an opportunity to retract his false statement, he failed to do so. The Complaint sets the record straight as to what occurred during the negotiations with the Atlanta Braves.”

I considered writing a column on this after Close filed the suit because I wanted to explore the risks that a host runs when they go from offering opinions – which is what most of us do – to reporting news. I even sought sources with expertise in defamation law, and heard back from Nicholas Creel, an assistant professor in business law at Georgia College and State University, and David Reischer, a New York attorney and CEO of LegalAdvice.com. Both agreed that the main issue probably was not money.

Creel: “For Close, the value of this lawsuit isn’t necessarily in winning at trial. As an agent, he’s got a reputation to defend, filing this lawsuit and showing that he’s willing to fight a damning accusation likely helps him mitigate that reputational hit he’s suffered.”

Reischer: “Such a lawsuit would be expensive and likely lead to limited monetary damages, unless the Twitter post was gross and reckless in regards to the truth. More likely the plaintiff would need to settle for injunctive relief merely to get the offending online review removed.”

Now at the risk of boring you, I need to get wonky with some legalese that’s important in defamation cases starting with vocabulary. Libel is a defamatory statement that is written or published as opposed to slander, which is a defamatory statement that is said out loud. Because the issue here was a Tweet, it was a libel claim. In both instances, the defamatory statement must be shown to be demonstrably false. Truth is an absolute defense against any claim of libel or slander. It can’t be legally considered defamatory unless it’s false.

Second, there is a different legal standard for public figures when it comes to defamation as opposed to private individuals. A public figure must prove “actual malice” – meaning the person who made the defamatory statement wanted to harm the complainant. A private person must prove only that the person making the defamatory story was negligent and that a reasonable person would have or should have known the defamatory statement was false. As for what constitutes a public figure, well, lawyers make an awful lot of money arguing that one out in court, but the basic premise is that a public figure is a household name while a private person is someone who has not sought the public spotlight nor had it shined on them involuntarily.

This differentiation is important because Close filed his case as a private individual however Gottlieb could have disputed that if the case had gone to court.

Creel: “One thing to keep in mind that definitely cuts against the chances Close will be held to be a private individual is that the law recognizes that people can be public figures for a ‘limited purpose.’ Given that MLB is a major national pastime and the politics of players negotiating has an entire media ecosystem built on it, it’s pretty likely that they court will be accepting of the idea that Close fits at least this narrow category of public figure.”

That would have had huge implications for the case.

Reischer: “It makes sense that Close is coming out of the gate contending he isn’t a public figure, as he’s hoping to preemptively rebut the inevitable contention that he is one. If the court does find him to be a public figure, his case will be near unwinnable.”

I came away believing that Gottlieb had pretty limited vulnerability in the case. It might be uncomfortable to hear Close call him a liar in court, but proving Gottlieb not only lied, but did so with the intent of harming Close, is hard to imagine. I was surprised last week when Gottlieb released a statement retracting his report. He deleted the Tweet from June.

“I prematurely reported on these events and simply got it wrong. Upon further vetting of my sources, a review of the lawsuit filed against me in this matter, a direct conversation with Casey himself, I have learned that the conduct I alleged did not occur and there is no credible basis for stating that it did.”

A cynical characterization is the apology was made only at the point of a knife, but I want to take Gottlieb at his word. He’s being accountable and stating unequivocally he was wrong. That’s honorable.

What’s left unsaid is how Gottlieb came to make what he now characterizes as a mistake, though. The implication is that he received inaccurate information from his “sources” but that’s about all the insight we get into his reporting process. Did he contact Close or Freeman before publishing his tweet? That’s standard practice for a reporter especially in a case like this where Close and Freeman are the only two people certain to have direct knowledge of whether Freeman was informed of Atlanta’s final offer. In fact, Gottlieb’s initial tweet didn’t reference any source.

Reporting is a trade, a profession, and while the premise of the job is simply to tell the truth, we all know how complicated the very idea of the truth has become. The practices that reporters are taught to follow do not solve this challenge, but they do provide some safeguards aimed to prevent a reporter from putting too much stock in any one person with a specific agenda or limited knowledge of the situation.

It’s why attribution is important and the use of anonymous sources is generally discouraged. When it’s deemed necessary to use an anonymous source, the newspapers I’ve worked for required the reporter to disclose the source to his or her editor.

If you’re not going to follow basic standards like this or don’t deign to reach out to people with direct knowledge of a situation you’re reporting on, I would advise you not frame your work as a news report. In fact, there’s an easy fix: Start your statement with, “I think …” If Gottlieb had done that in his initial Tweet there would have been no problem. The issue was that he presented it as a fact, something he knew definitively. Turns out he was wrong about that.

BSM Writers

Amanda Brown Has Embraced The Bright Lights of Hollywood

“My whole goal was that I didn’t need people to like me; I needed people to respect me.”

Derek Futterman

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The tragic passing of Kobe Bryant and eight others aboard a helicopter, including his 13-year-old daughter Gianna, sent shockwaves around the world of sports, entertainment, and culture. People traveled to Los Angeles following the devastating news and left flowers outside the then-named STAPLES Center, the arena which Bryant called home for much of his career, demonstrating the magnitude of the loss. Just across the street from the arena, Amanda Brown and the staff at ESPN Los Angeles 710 had embarked in ongoing breaking news coverage, lamentation, and reflection.

It included coverage of a sellout celebration of life for Kobe and his daughter and teams around the NBA opting to take 8-second and 24-second violations to honor Bryant, who wore both numbers throughout his 20-year NBA career. They currently hang in the rafters at Crypto.com Arena, making Bryant the only player in franchise history to have two numbers retired.

During this tumultuous time, Bryant’s philosophy served as a viable guiding force, something that Brown quickly ascertained in her first month as the station’s new program director.

“I had people that were in Northern California hopping on planes to get here,” Brown said. “You didn’t even have to ask people [to] go to the station; people were like, ‘I’m on my way.’ It was the way that everybody really came together to do really great radio, and we did it that day and we did it the next day and we did it for several days.”

The 2023 BSM Summit is quickly approaching, and Brown will be attending the event for the first time since 2020. During her first experience at the BSM Summit in New York, Brown had just become a program director and was trying to assimilate into her role. Because of this, she prioritized networking, building contacts, and expressing her ideas to others in the space. This year, she looks forward to connecting with other program directors and media professionals around the country while also seeking to learn more about the nuances of the industry.

“The Summit is kind of like a meeting of the minds,” Brown said. “It’s people throughout the country and the business…. More than anything, [the first time] wasn’t so much about the panels as it was about the people.”

Growing up in Orange County, Brown had an interest in the Los Angeles Lakers from a young age, being drawn to play-by-play broadcaster Chick Hearn. Brown refers to Hearn as inspiration to explore a career in broadcasting. After studying communications at California State University in Fullerton, she was afforded an opportunity to work as a producer at ESPN Radio Dallas 103.3 FM by program director Scott Masteller, who she still speaks to on a regular basis. It was through Masteller’s confidence in her, in addition to support from operations manager Dave Schorr, that helped make Brown feel more comfortable working in sports media.

“I never felt like I was a woman in a male-dominated industry,” Brown said. “I always just felt like I was a part of the industry. For me, I’ve kind of always made it my goal to be like, ‘I deserve to be here; I deserve a seat at the table.’”

Brown quickly rose up the ranks when she began working on ESPN Radio in Bristol, Conn., working as a producer for a national radio show hosted by Mike Tirico and Scott Van Pelt, along with The Sports Bash with Erik Kuselias. Following five-and-a-half years in Bristol, Brown requested a move back to California and has worked at ESPN Los Angeles 710 ever since. She began her tenure at the station serving as a producer for shows such as Max and Marcellus and Mason and Ireland.

Through her persistence, work ethic and congeniality, Brown was promoted to assistant program director in July 2016. In this role, she helped oversee the station’s content while helping the entity maintain live game broadcast rights and explore new opportunities to augment its foothold, including becoming the flagship radio home of the Los Angeles Rams.

“Don’t sit back and wait for your managers or your bosses to come to you and ask what you want to do,” Brown advised. “Go after what you want, and that’s what I’ve always done. I always went to my managers and was like, ‘Hey, I want to do this. Give me a chance; let me do that.’ For the most part, my managers have been receptive and given me those opportunities.”

When executive producer Dan Zampillo left the station to join Spotify to work as a sports producer, Brown was subsequently promoted to program director where she has helped shape the future direction of the entity. From helping lead the brand amid its sale to Good Karma Brands in the first quarter of 2022; to revamping the daily lineup with compelling local programs, Brown has gained invaluable experience and remains keenly aware of the challenges the industry faces down the road. For sports media outlets in Los Angeles, some of the challenge is merely by virtue of its geography.

“We’re in sunny Southern California where there’s a lot of things happening,” Brown said. “We’re in the middle of Hollywood. People have a lot of opportunities – you can go to the mountains; you can go to the beach. I think [our market] is more about entertainment than it is about actual hard-core sports. Yes, obviously you have hard-core Lakers fans; you have hard-core Dodgers fans, but a majority of the fans are pretty average sports fans.”

Because of favorable weather conditions and an endless supply of distractions, Brown knows that the way to attract people to sports talk radio is through its entertainment value. With this principle in mind, she has advised her hosts not to worry so much about the specific topics they are discussing, but rather to ensure they are entertaining listeners throughout the process.

“People know the four letters E-S-P-N mean sports, but really our focus is more on entertainment more than anything,” Brown said. “I think the [talent] that stick out the most are the ones that are the most entertaining.”

Entertaining listeners, however, comes through determining what they are discussing and thinking about and providing relevant coverage about those topics. Even though it has not yet been legalized in the state of California, sports gambling content has been steadily on the rise since the Supreme Court made a decision that overturned the Professional and Amateur Sports Protection Act established in Murphy v. National Collegiate Athletic Association (2018). Nonetheless, Brown and ESPN Los Angeles 710 have remained proactive, launching a sports gambling show on Thursday nights to try to adjust to the growing niche of the industry.

Even though she has worked in producing and programming for most of her career, Brown is eager to learn about the effect sports gambling has on audio sales departments. At the same time, she hopes to be able to more clearly determine how the station can effectuate its coverage if and when it becomes legal in their locale.

“I know that a lot of other markets have that,” Brown said regarding the legalization of sports gambling. “For me, I’m interested to hear from people who have that in their markets and how they’ve monetized that and the opportunity.”

No matter the content, though, dedicated sports radio listeners are genuinely consuming shows largely to hear certain talent. Brown recalls receiving a compliment on Twitter earlier this quarter where a listener commented that he listens to ESPN Los Angeles 710 specifically for Sedano and Kap. Evidently, it acted as a tangible sign that her philosophy centered around keeping people engrossed in the content is working, and that providing the audience what it wants to hear is conducive to success.

At this year’s BSM Summit, Brown will be participating on The Wheel of Content panel, presented by Core Image Studio, featuring ESPN analyst Mina Kimes and FOX Sports host Joy Taylor. Through their discussion, she intends to showcase a different perspective of what goes into content creation and the interaction that takes place between involved parties.

“A lot of times in the past, all the talent were on one panel; all the programmers were on one panel,” Brown said. “To put talent and a programmer together, I think it’s an opportunity for people to hear both sides on certain issues.”

According to the most recent Nielsen Total Audience Report, AM/FM (terrestrial) radio among persons 18-34 has a greater average audience than television. The statistical anomaly, which was forecast several years earlier, came to fruition most likely due to emerging technologies and concomitant shifts in usage patterns.

Simultaneously, good content is required to captivate consumers, and radio, through quantifiable and qualifiable metrics, has been able to tailor its content to the listening audience and integrate it across multiple platforms of dissemination. The panel will give Brown a chance to speak in front of her peers and other industry professionals about changes in audio consumption, effectuated by emerging technologies and concomitant shifts in usage patterns.

Yet when it comes to radio as a whole, the patterns clearly point towards the proliferation of digital content – whether those be traditional radio programs or modernized podcasts. Moreover, utilizing various elements of presentation provides consumers a greater opportunity of finding and potentially engaging with the content.

“We do YouTube streaming; obviously, we stream on our app,” Brown said. “We’ve even created, at times, stream-only shows whether it’s stream-only video or stream-only on our app. We all know that people want content on-demand when they want it. I think it’s about giving them what they want.”

As a woman in sports media, Brown is cognizant about having to combat misogyny from those inside and outside of the industry, and is grateful to have had the support of many colleagues. In holding a management position in the second-largest media market in the United States, she strives to set a positive example to aspiring broadcasters. Additionally, she aims to be a trusted and accessible voice to help empower and give other women chances to work in the industry – even if she is not universally lauded.

“I’ve kind of always made it my goal to be like, ‘I’m no different than anyone else – yes, I’m a female – but I’m no different than anyone else,’” Brown expressed. “My whole goal was that I didn’t need people to like me; I needed people to respect me.”

Through attending events such as the BSM Summit and remaining immersed in sports media and the conversation at large about the future of sports media, Brown can roughly delineate how she can perform her job at a high level.

Although the genuine future of this business is always subject to change, she and her team at ESPN Los Angeles 710 are trying to come up with new ideas to keep the content timely, accurate, informative, and entertaining. She is content in her role as program director with no aspirations to become a general manager; however, remaining in her current role requires consistent effort and a penchant for learning.

“Relationships are very important overall in this business whether you’re a programmer or not,” Brown said. “Relationships with your talent; relationships with your staff. If you invest in your people, then they’re going to be willing to work hard for you and do what you ask them to do.”

The 2023 BSM Summit is mere days away, and those from Los Angeles and numerous other marketplaces will make the trip to The Founder’s Club at the Galen Center at the University of Southern California (USC).

Aside from Brown, Kimes and Taylor, there will be other voices from across the industry sharing their thoughts on aspects of the industry and how to best shape it going forward, including Colin Cowherd, Rachel Nichols, Al Michaels and Eric Shanks. More details about the industry’s premiere media conference can be found at bsmsummit.com.

“I’m excited to be a female program director amongst male program directors for the first time and get a seat at the table and represent that there can be diversity in this position,” Brown said. “We don’t see a lot of it, but… there is an opportunity, and I hope I can be an example for other people out there [to show] that it’s possible.”

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BSM Writers

Pat McAfee Has Thrown Our Business Into a Tailspin

Yet even with all the accomplishments he’s been able to achieve, McAfee is still anxious and unsatisfied with the state of his show and his career.

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When you have one of the hottest talk shows in America, you’re always up to something. That’s the case for the most popular sports talk show host in America – Pat McAfee. 

The former Pro Bowl punter was on top of the world on Wednesday. With over 496,000 concurrent viewers watching at one point, McAfee was able to garner an exclusive interview with frequent guest Aaron Rodgers who announced his intention to play for the Jets.

Yet even with all the accomplishments he’s been able to achieve — a new studio, consistent high viewership, a syndication deal with SportsGrid TV, a four-year, $120 million deal with FanDuel — McAfee is still anxious and unsatisfied with the state of his show and his career.

At the end of the day, he is human and he’s admitted that balancing his show, his ESPN gig with “College Gameday,” and his WWE obligations has taken a toll on him.

McAfee and his wife are expecting their first child soon and he recently told The New York Post he might step away from his deal with FanDuel. Operating his own company has come with the responsibility of making sure his studio is up and running, finding people to operate the technology that puts his show on the air, negotiating with huge behemoths like the NFL for game footage rights, booking guests, booking hotels, implementing marketing plans and other tasks that most on-air personalities rarely have to worry about.

McAfee says he’s looking for a network that would be able to take control of those duties while getting more rest and space to spend time with family while focusing strictly on hosting duties. FanDuel has its own network and has the money to fund such endeavors but is just getting started in the content game. McAfee needs a well-known entity to work with who can take his show to the next level while also honoring his wishes of keeping the show free on YouTube.

The question of how he’s going to be able to do it is something everyone in sports media will be watching. As The Post pointed out in their story, McAfee hasn’t frequently stayed with networks he’s been associated with in the past for too long. He’s worked with Westwood One, DAZN, and Barstool but hasn’t stayed for more than a year or two.

There’s an argument to be made that the latter two companies weren’t as experienced as a network when McAfee signed on with them compared to where they are today which could’ve pushed the host to leave. But at the end of the day, networks want to put money into long-term investments and it’s easy to see a network passing on working with McAfee for fear that he’ll leave them astray when he’s bored. 

It’ll also be difficult for McAfee to find a network that doesn’t put him behind a paywall. Amazon and Google are rumored to be potential new homes. But both are trying to increase subscribers for their respective streaming services.

It will be difficult to sell Amazon on investing money to build a channel on YouTube – a rival platform. For Google, they may have the tech infrastructure to create television-like programming but they aren’t an experienced producer, they’ve never produced its own live, daily talk show, and investing in McAfee’s show doesn’t necessarily help increase the number of subscribers watching YouTube TV.

Networks like ESPN, CBS, NBC, and Fox might make sense to partner with. But McAfee faces the possibility of being censored due to corporate interests. Each of these networks also operates its networks or streaming channels that air talk programming of their own. Investing in McAfee could cannibalize the programming they already own.

And if McAfee works with a traditional network that isn’t ESPN, it could jeopardize his ability to host game casts for Omaha or analyze games on Gameday. It’s not impossible but would definitely be awkward on days that McAfee does his show remotely from locations of ESPN games with ESPN banners and signage that is visible in the background.

If SportsGrid has the money to invest in McAfee, they might be his best bet. They have all the attributes McAfee needs and they already have a relationship with him. It is probably unlikely that he’ll be censored and he would even be able to maintain a relationship with FanDuel – a company SportsGrid also works alongside.  

Roku is another option — they already work with Rich Eisen — but they would move his show away from YouTube, something McAfee should resist since the majority of smart TV users use YT more than any other app.

If the NFL gave McAfee editorial independence, they would make the perfect partner but the likelihood of that happening is slim to none. NFL Media has independence but it was clear during the night of the Damar Hamlin incident that they will do whatever is necessary to stay away from serious topics that make the league look bad until it’s totally unavoidable. 

It’s hard to think of a partner that matches up perfectly with McAfee’s aspirations. But once again, at the moment, he’s on top of the world so anything is possible. The talk show host’s next move will be even more interesting to watch than the other fascinating moves he’s already made that have put the sports media industry in a swivel.

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BSM Writers

5 Tips For Networking At the BSM Summit

“Have a plan and don’t leave home without it.”

Jeff Caves

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Bring your game plan if you attend the BSM Summit in LA next Tuesday and Wednesday. No matter your purpose for attending: to learn, get a job, speak, or sell an idea, you must be able to read the room. To do that, it helps to know who will be there and how you can cure their pain. 

Have a plan and don’t leave home without it. If you have time, buy How to Work a Room by Susan Roane. If you don’t, just follow these five tips:

  1. INTRODUCE YOURSELF: Before you arrive at The Summit, figure out what you want, who you want to meet, and what you will say. Once you get there, scout out the room and see if anyone of those people are available. Talk to speakers after they have spoken- don’t worry if you miss what the next speaker says. You are there to meet new people! Most speakers do not stick around for the entire schedule, and you don’t know if they will attend any after-parties, so don’t risk it. Refine your elevator pitch and break the ice with something you have in common. Make sure you introduce yourself to Stephanie, Demetri and Jason from BSM. They know everybody and will help you if they can.  
  2. GET A NAME TAG: Don’t assume that name tags will be provided. Bring your own if you and make your name clear to read. If you are looking to move to LA or want to sell a system to book better guests, put it briefly under your name. Study this to get better at remembering names.
  3. LOSE THE NOTEBOOK: When you meet folks, ensure your hands are free. Have a business card handy and ask for one of theirs. Remember to look people in the eye and notice what they are doing. If they are scanning the room, pause until they realize they are blowing you off. Do whatever it takes to sound upbeat and open. Don’t let their clothes, hair, or piercings distract from your message. You don’t need to wear a suit and tie but do bring your best business casual wear. A blazer isn’t a bad idea either. 
  4. SHUT UP FIRST! The art of knowing when to end the convo is something you will have to practice. You can tell when the other person’s eye starts darting or they are not using body language that tells you the convo will continue. You end it by telling them you appreciate meeting them and want to connect via email. Ask for a business card. Email is more challenging to ignore than a LinkedIn request, and you can be more detailed in what you want via email. 
  5. WORK THE SCHEDULE: Know who speaks when. That is when you will find the speakers hanging around. Plan your lunch outing to include a few fellow attendees. Be open and conversational with those around you. I am a huge USC fan, so I would walk to McKays– a good spot with plenty of USC football memorabilia on the walls. Sometimes you can find the next day’s speakers at the Day 1 after party. Need a bar? Hit the 901 Club for cheap beer, drinks, and food. 

You’re welcome. 

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