By ROBERT JUMPER
Tutiyi (Snowbird) and Clyde, N.C.
I can understand how frustrating it must be to be a government official these days. In a world where even the most delicate item about a person’s personal life can be easily “pulled up” on a website or social media page, readers can find out most things about most people and things in a few moments of research online. When you live in a society and time that expects information at their fingertips, it must be a tough row to hoe when you are charged with “protecting” information.
Much of the challenge of withholding information is that withholding it doesn’t stop the community from formulating opinions and publishing them as fact. Many in the government operate under the illusion that if they control the release of information, they may control the hearts and minds of the people. In an information vacuum, people will and do create answers based on the limited knowledge they can get, then they distribute that information as truth.
The media have often been referred to as the “Fourth Estate”. It is a reference to the idea or concept of the watchdog responsibility of the media. “The term Fourth Estate or fourth power refers to the press and news media in their explicit capacity, beyond the reporting of news, of wielding influence in politics. The derivation of the term arises from the traditional European concept of the three estates of the realm: the clergy, the nobility, and the commoners.” (Wikipedia)
Chapter 75-2 of the Cherokee Code states, “It shall be the policy of the Cherokee One Feather to publish news articles and other materials and information judged by the editorial staff to have general value to the Cherokee community. Such news articles shall include a resume of Tribal Council business, Executive Committee, and Business Committee actions and actions taken by other Tribal committees, boards, and enterprises.” It seems clear that the government at the time of review by those in power at the time that tribal laws governing the One Feather (or other tribal media) were under scrutiny [1953 (sic), 1973, 1983, and 2018], the element of transparency was of particular importance to our community.
While the One Feather is still charged in Code to do these things, there is no clear law requiring the tribal government to provide these things. For example, the Business Committee, in the 20-plus years of my tenure with the tribe, has met in closed session, and actions are deemed confidential until executed. And even after they are executed, the meeting minutes are not accessible to the community in general. I am not saying that there isn’t sufficient reason for keeping some information in the Business Committee confidential. What I am saying is that it is unreasonable to put an expectation in law for the One Feather to report on those outcomes without providing a vehicle for doing so. We discussed this in one of our appearances before Dinilawigi (Tribal Council), and at least one representative felt that the requirement to report on the Business Committee should be removed, implying that it will be highly unlikely that One Feather will have access to any meetings or reports for that committee. In addition, the Executive Committee’s meetings are typically not open or public sessions, making it difficult to provide the community with any reporting on those meetings.
Some folks have a warped sense of what a journalist is supposed to be doing and what the profession entails. We have received some criticism for not publishing conjecture or hearsay, similar to what some regional and most national media outlets practice. People will hear or see things in the regional media, national news, through the grapevine, on the Indian News Network, at the water cooler, or on social media, and chastise, and in some cases demand, that the One Feather publish what they heard and saw in those forums.
A journalist by definition is to “write for newspapers, magazines, news websites or prepare news to be broadcast.” (Oxford Language Dictionary). Now, publishers and editors are supposed to use their discretion as to what is news and what is not. That is what Chapter 75 of the Cherokee Code is about. Those who instituted the law were trying to create that fourth estate for the tribe, to provide a mechanism of education and feedback for and from the Eastern Band of Cherokee Indians community. Cherokee Code Section 75-55(b) says, “All members of the Editorial Board certify that he or she will adhere to the standard of accepted ethics of journalism as defined by the Society of Professional Journalists (SPJ) and endorsed by the Native American Journalists Association (recently renamed Indigenous Journalists Association).
In the SPJ Code of Ethics, there are four ethical tenets that journalists are sworn to follow: seek truth and report it, minimize harm, act independently, and be accountable and transparent. Just so you may get a clear picture of what being a journalist really means, and the standards that separate true journalism from the various brands of journalism that have popped up over recent years, we will publish a copy of the SPJ Code of Ethics along with this commentary. I hope that the readership will keep a copy of it and compare the coverage of the One Feather and other media to the standards outlined in the SPJ Code.
We strive to allow the community to voice their opinions and concerns regarding issues important to the tribal community. To be fair and minimize harm to the community, certain language that is harmful, including individual personal attacks, may not be published. This is not contrary to rights to free speech, but in line with civil rights protections in both the Cherokee Code and federal law. And so that not just one or two people decide what is published, any denial of publication may be appealed to the full Editorial Board for their adjudication. The goal is not the suppression of free speech, but the protection of it.
So many individuals and organizations claim to be credible news outlets, yet neglect to adhere to any standard of verification and truth. Many have blatant political and societal agendas, not for the good of the community, but to advance their agendas, finances, and popularity. Just because you like what a “news” purveyor says doesn’t make it factual. What many of these people, some in professional capacities in media organizations, claim as fact is pure commentary. Typically, it is what they assume or adopt as truth or what will provide them with the most benefit.
When you communicate with a readership of thousands, you are never going to please everyone. The Cherokee One Feather is committed to fulfilling its obligation to the community through its adherence to the tenets of the Cherokee Code and the SPJ Code of Ethics because we feel it is the best way to serve our EBCI community. The tribal government has continually agreed that the One Feather should remain separated in its ability to report the truth to the community. They have a protected law to defend the ability of the tribal media to operate without interference. And while lines of communication between the One Feather and the government continue to be challenging to maintain on both sides of the transparency issue, we are grateful for a community and tribal government that at least recognizes in law the need for that fourth estate. So, the One Feather will continue to strive to provide true journalism to the community and readership in a way that you clearly know the difference between news coverage in articles versus opinion expressed in commentary. The One Feather belongs to the Principal People of the Eastern Band of Cherokee Indians, and not just to a chosen few. We will always be on the side of truth and transparency, for the sake of the entire community.
