Category Archives: Free speech

What New Haven could teach Ferguson about police video

WGBHNews.org has posted an excerpt from “The Wired City” about a controversy over citizens’ video-recording police that played out in New Haven in 2010 and ’11 — relevant given the ongoing violence in Ferguson, Missouri, and the vital role of citizen video in documenting what is taking place on the streets.

As I tried to show, the New Haven Independent’s repeated coverage of the controversy helped lead to a number of reforms, including statements from the mayor and the police chief in support of the right to record; a training session at the city’s police academy; and a bill in the state legislature that didn’t pass but that served further to raise consciousness about the issue.

Police-records bill on its way to governor’s desk

It looks like we have our first WGBH News Muzzle Awards winner of 2015. Last night the Massachusetts Legislature passed Senate Bill 2334, which, as I wrote here yesterday, would block access to certain police records now open to the public.

The ostensible purpose is to protect victims of domestic violence, but as First Amendment lawyer Jeffrey Pyle tells David Scharfenberg of The Boston Globe, “Problems with the criminal justice system are rarely, if ever, solved by decreasing transparency.”

The bill had not come to a vote before Scharfenberg’s deadline, but Globe reporter Michael Levenson tweets that it’s now on its way to Gov. Deval Patrick’s desk — and that he’s likely to sign it.

By the way, Scharfenberg calls the bill “a little-noticed measure.” But the Massachusetts Newspaper Publishers Association flagged it months ago, and I brought it up on WGBH-TV’s “Beat the Press.” If this had gotten more attention early on, we might not find ourselves where we are today.

Bill would block access to some police records

The Massachusetts Legislature may vote later today on Senate Bill 2334, which would block access to certain police records now open to the public. The people’s business should be done in the open, and legislators should vote no. I’ve already emailed my representative and senator. It’s easy enough to do, and I urge you to click here.

The Massachusetts Newspaper Publishers Association explains:

Bill Advances to Block Access to Police Reports and Logs

Could Result in Protecting Perpetrators from Disclosure

A legislative conference committee yesterday issued a report (SB 2334) that will close police reports and logs now open to the public. The bill is likely to be voted on today. I urge you to contact your legislators and register your opposition to this language.

Currently, G.L. c. 41, s. 97D provides that reports of rape and sexual assault are not public. This bill would add to that list “reports of abuse perpetrated by family or household members.”

Also, the bill would amend G.L. c. 41, s. 98F, to exempt from public view two categories of information from police logs:

  • Any information concerning responses to reports of domestic violence, rape or sexual assault.
  • Any entry concerning the arrest of a person for assault, assault and battery or violation of a protective order where the victim is a family or household member, as defined in section 1 of chapter 209A.

As we have noted before, closing police logs could have the unintended consequence of shielding perpetrators from public disclosure — even when the perpetrators are public officials or others in positions of trust or authority.

One example, described in this Boston Globe article, was the 2012 arrest of Waltham’s police chief on domestic assault charges. Had this law been in effect, his arrest would have been shielded from the public.

Robert Ambrogi, Executive Director
Massachusetts Newspaper Publishers Association

Public media trade site takes note of Muzzles’ new home

Peter Kadzis, senior editor of WGBH News, with Web producers Abbie Ruzicka and Brendan Lynch.

Peter Kadzis, senior editor of WGBH News, with Web producers Abbie Ruzicka and Brendan Lynch.

Current, the trade website for people in public media, has posted a nice feature on the New England Muzzle Awards’ newish home at WGBHNews.org. I do want to point out that though The Boston Phoenix is no more, the Muzzles continue to be published at The Providence Phoenix and The Portland Phoenix. Also: my friend and co-conspirator Harvey Silverglate deserves all the credit for the Campus Muzzles, which are also mentioned in the article.

Photo by WGBH News.

Presenting the 17th Annual New England Muzzle Awards

Muzzles logo

Click on image to read the Muzzle Awards.

U.S. Sen. Ed Markey, Rhode Island Gov. Lincoln Chafee, Massachusetts Gov. Deval Patrick and U.S. Attorney Carmen Ortiz (again) might consider running the other way when we try to present them with our coveted statuettes for dishonoring the First Amendment.

The 17th Annual New England Muzzle Awards are now online at WGBHNews.org and The Providence Phoenix. They should be up soon at The Portland Phoenix as well. This is the second year that WGBH has served as home base following 15 years at the late, great Boston Phoenix.

As always, the Muzzles are accompanied by an article on Campus Muzzles by my friend and sometime collaborator Harvey Silverglate. There are a couple of new touches this year as well: the WGBH design is responsive, which means it looks just as great on your tablet or phone as it does on your laptop; and WGBH reporter Adam Reilly, WGBHNews.org editor Peter Kadzis and I talk about the Muzzles on “The Scrum” podcast, which of course you should subscribe to immediately.

Peter, by the way, is a former editor of the Phoenix newspapers, and has now edited all 17 editions of the Muzzles.

Finally, great work by WGBH Web producers Abbie Ruzicka and Brendan Lynch, who hung in through technical glitches and my whining to make this year’s edition look fantastic.

The un-Muzzling of anti-abortion protesters

In 1999 I gave a Boston Phoenix Muzzle Award to Susan Fargo and Paul Demakis, two Massachusetts legislators pushing for an abortion-clinic buffer zone. Today the U.S. Supreme Court agreed, ruling that those buffer zones are an unconstitutional abridgment of the First Amendment.

Swartz case leads Media Nation’s top 10 of 2013

Aaron Swartz speaking in 2012

Aaron Swartz speaking in 2012

Last January, not long after the young Internet genius Aaron Swartz committed suicide, civil-liberties lawyer Harvey Silverglate wrote powerfully about the abusive prosecutorial tactics that may have led to his death.

Swartz faced a lengthy federal prison sentence for downloading academic articles at MIT without authorization. Even though the publisher, JSTOR, declined to press charges, U.S. Attorney Carmen Ortiz brought a case agains Swartz under the Computer Fraud and Abuse Act. As Silverglate put it, the law is “a notoriously broad statute enacted by Congress seemingly to criminalize any use of a computer to do something that could be deemed bad.”

Silverglate’s article was republished in Media Nation with the permission of Massachusetts Lawyers Weekly, where it originally appeared. And it was far and away the most viewed article in Media Nation in 2013.

Today we present Media Nation’s top 10 posts for 2013, based on statistics compiled by WordPress.com. They represent a range of topics — from the vicissitudes of talk radio to a media conflict of interest, from Rolling Stone’s controversial cover image of accused Boston Marathon bomber Dzhokhar Tsarnaev to the sad, sudden death of The Boston Phoenix.

The top 10 is by no means representative of the year in media. Certainly the biggest story about journalism in 2013 involved the National Security Agency secrets revealed by Edward Snowden to The Guardian and The Washington Post — a story that did not make the cut at Media Nation.

Here, then, is our unrepresentative sample for the past 12 months.

1. Harvey Silverglate on the Aaron Swartz case (Jan. 24). Few people were more qualified to weigh in on U.S. Attorney Ortiz’s abusive tactics than Silverglate, my friend and occasional collaborator, who several years ago wrote “Three Felonies a Day,” a book on how the federal justice system has spun out of control. But Silverglate’s take wasn’t the only article about Swartz to generate interest in Media Nation. The aftermath of Swartz’s suicide also came in at No. 11 (“The Globe turns up the heat on Carmen Ortiz,” Jan. 11) and No. 13 (“Aaron Swartz, Carmen Ortiz and the meaning of justice,” Jan. 14). In a bit of poetic justice, a project Swartz was working on at the time of his death — software that allows whistleblowers to submit documents without being identified — was unveiled by The New Yorker just several months after his suicide.

2. The New Republic’s new owner crosses a line (Jan. 28). A little more than a year ago, the venerable New Republic was saved by Chris Hughes, a co-founder of Facebook who is using some of his fortune to restore the magazine to relevance and fiscal health. But he crossed an ethical line last January when he took part in an interview with President Obama, whose campaign he had worked on, and tossed a series of softball questions his way. At the time I wrote that Hughes was guilty of “no more than a minor misstep.” So how did it rise to No. 2? It turns out that a number of right-leaning websites picked up on it, bringing a considerable amount of traffic to Media Nation that I normally don’t receive.

3. Dailies go wild over sports controversies (Aug. 30). Four months after publishing this item, I find it hard to make heads or tails of what was going on. But essentially Globe-turned-Herald sportswriter Ron Borges contributed to a Rolling Stone article on the Aaron Hernandez murder case, which generated some tough criticism from both the Globe and the well-known blog Boston Sports Media Watch. That was followed almost immediately by a Globe article on the ratings collapse of sports radio station WEEI (AM 850), which brought yet more tough talk from, among others, ’EEI morning co-host Gerry Callahan, who also happens to write a column for the Herald. Yes, Boston is a small town.

4. Rolling Stone’s controversial cover (July 17). I thought it was brilliant. I still do. The accusion that Rolling Stone was trying to turn Dzhokhar Tsarnaev into some sort of pop-culture hero is absurd and offensive — and not borne out by the well-reported article that the cover was designed to illustrate.

5. Glenn Ordway walks the ratings plank (Feb. 14). Ordway built sports talker WEEI into a ratings monster only to see its numbers crater in the face of competition from the Sports Hub (WBZ-FM, 98.5). Ordway was by no means the problem with WEEI. But station management decided it could no longer afford his $500,000 contract, and so that was it for the Big O.

6. A big moment for The Boston Globe (Dec. 17). It was actually a big year for the Globe, from its riveting coverage of the marathon bombing and the standoff that led to the arrest of Dzhokhar Tsarnaev to the paper’s acquisition by Red Sox principal owner John Henry. But two days in mid-December were emblematic of the paper’s continuing excellence and relevance — a long, detailed exposé of the Tsarnaev family that revealed Dzhokhar, rather than his older brother, Tamerlan, may have been the driving force behind the bombing; an investigation into a case of alleged “medical child abuse” that pitted a Connecticut family against Children’s Hospital; and a nationally celebrated series of tweets by staff reporter Billy Baker about a Boston teenager from a poor family who had been admitted to Yale.

7. The Boston Phoenix reaches the end of the road (March 14). A stalwart of the alternative-weekly scene and my professional home from 1991 to 2005, the Phoenix was a voice of incalculable importance. But with even the legendary Village Voice struggling to survive, the alt-weekly moment may have passed. At the time of its death, the Phoenix had more than 100,000 readers — but little revenue, as advertising had dried up and both the print edition and the website were free. I scribbled a few preliminary thoughts in this post, and later wrote something more coherent for PBS MediaShift.

8. The return of Jim Braude and Margery Eagan (Feb. 6). Eagan and Braude’s morning show was the one bright spot on WTKK Radio, an otherwise run-of-the-mill right-wing talk station that had been taken off the air a month earlier. So it was good news indeed when the pair was hired to host “Boston Public Radio” from noon to 2 p.m. on public station WGBH (89.7 FM). (Note: (I am a paid contributor to WGBH-TV’s “Beat the Press,” where Eagan is a frequent panelist.)

9. Joe Scarborough grapples with history — and loses (Feb. 17). Asking cable blowhard Scarborough to write a review for The New York Times Book Review about the relationship between Dwight Eisenhower and Richard Nixon could have been a smart, counterintuitive move. But it only works if the writer in question is, you know, smart.

10. The bell tolls for WTKK Radio (Jan. 3). As I already mentioned, Jim Braude and Margery Eagan were able to walk away from the rubble of WTKK, which was shut down by corporate owner Greater Media and turned into an urban music station. Just a few years earlier the station had been a ratings success with trash-talking hosts like Jay Severin and Michael Graham. But tastes change — sometimes for the better.

Photo (cc) by Maria Jesus V and published under a Creative Commons license. Some rights reserved.