Tag Archives: Boston Globe

Banksters demand that Senate Democrats silence Warren

This is really a remarkable story. In today’s Boston Globe, Annie Linskey reports that banksters from JPMorgan Chase and Citigroup have threatened to withhold payoffs (let’s not be too squeamish about what we call these payments) to Senate Democrats unless they can get Elizabeth Warren and Sherrod Brown to shut up.

Warren has asked her supporters to raise $30,000 to make up the difference.

As the Globe notes, the story was first reported by Emily Flitter of Reuters, who adds the detail that Goldman Sachs and Bank of America are part of the cabal. Think about that the next time you visit the ATM.

More: Nice commentary by Charlie Pierce.

Not so fast on the Globe and online corrections

What would a post about corrections be without more corrections? On Monday I wrote that The Boston Globe had finally started posting corrections on its website instead of simply appending them to the original articles (not that that’s not important too). By the end of the day, though, former Globe digital guy Joel Abrams had tweeted that, in fact, it was nothing new:

But wait! It turns out that though Monday wasn’t the first time the Globe had published a separate corrections item on its website, it still hasn’t managed to do so consistently. For instance, if you look at the print edition of March 12, you’ll find three corrections — but nothing if you go to the Today’s Paper section of BostonGlobe.com for the same date.

I can’t think of a newspaper that gets online corrections exactly right. For instance, The New York Times runs corrections on its website, but they don’t appear in its iOS apps. The print edition of The Washington Post today includes four corrections, but they don’t seem to be online.

It’s time for newspapers to start getting corrections correct.

The Globe corrects its online corrections practices

If I’m not mistaken, today marks the debut of a freestanding correction section on The Boston Globe’s website. The move is long overdue; nearly two years ago I wrote about the shortcomings of online corrections in both the Globe and The New York Times.

Though the Globe appends online corrections to the original articles, it had not up until now run them separately, as it does in the print edition. That was fine for archival purposes. But if you simply read the paper online every day, you had no way of knowing whether something had later been corrected.

In any event — kudos.

Correction: This is a whole lot more complicated than I had first thought. See my follow-up.

Debating the merits of MBTA expansion

In today’s Boston Globe, Somerville Mayor Joe Curtatone and I debate the merits of expanding the region’s public transportation system following the winter of #MBTApocalypse — a no-motion catastrophe that is not yet over.

I actually don’t think Curtatone and I disagree all that much. We both reject the “reform before revenue” silliness (we need both). And I certainly think expansion is a good idea — some day. But we’ve got to fix the system we have before plunging ahead with ambitious new plans.

Monday update: While we’re talking about MBTA expansion, let’s think about what kind of expansion would give us the biggest bang for our buck. The Globe reports today that there’s not nearly enough parking at T stations, forcing people to drive to Boston even though they’d rather take public transportation — as anyone who’s ever arrived at Oak Grove much after 7 a.m. can attest. Building parking garages isn’t cheap, but they also generate a lot of revenue.

Arrest records and mug shots are not secret under state law

pyleBy Jeffrey J. Pyle

Thanks to The Boston Globe’s Todd Wallack, we learned last week that the supervisor of records, charged with enforcing the Massachusetts public records law, has permitted police departments withhold arrest reports and mug shots from the public in their “discretion.” Unsurprisingly, police departments have exercised that “discretion” to shield the identities of police officers arrested for drunken driving while publicizing the arrests of other Massachusetts residents for the same crime.

Yesterday, Secretary of State William Galvin took to Jim Braude’s “Greater Boston” show on WGBH-TV (Channel 2) to defend the rulings. He pointed out that he had previously ruled that arrest reports to be public, but said he had to back down because another agency, the Department of Criminal Justice Information Systems (DCJIS), told him the records are secret under the “criminal offender record information” (CORI) statute. Former attorney general Martha Coakley shared that view, Galvin said, and the new attorney general, Maura Healey, has tentatively agreed.

But are they correct? Does the law allow the police officers to decide which arrest reports do and do not get released? The answer, thankfully, is no.

First some quick background. The public records law creates a presumption that all government records are public. Only if a specific, listed exemption applies can the government withhold documents, and those exemptions are supposed to be construed narrowly. Galvin relies on the exemption for records “specifically or by necessary implication exempted from disclosure by statute,” here, the CORI law. The CORI law does impose certain limits on the disclosure of “criminal offender record information,” but it limits that term to information “recorded as the result of the initiation of criminal proceedings and any consequent proceedings related thereto.”

The word “initiation” is important. As late as 2010, Galvin’s office held the commonsense view that a “criminal proceeding” is initiated with the filing of a criminal complaint. Arrest reports and mug shots are generated before criminal complaints are filed, so they’re presumptively public. But in 2011, the DCJIS (which administers the state’s CORI database) told Galvin it believed “initiation of criminal proceedings” means “the point when a criminal investigation is sufficiently complete that the investigating officers take actions toward bringing a specific suspect to court.” That necessarily precedes arrest and booking, so all arrest reports and mug shots are covered by CORI. This “interpretation” is now contained in a DCJIS regulation. Another regulation says that police can release CORI information surrounding an investigation if they think it’s appropriate to do so.

In the common parlance, however, “criminal proceedings” occur in court, and they begin with the filing of a criminal charge. We don’t typically think of an arrest without charges as involving a “proceeding.” Galvin seems to agree — his office’s rulings have said only that DCJIS believes “initiation” occurs earlier — but he has thrown up his hands and deferred to this odd “interpretation” of the CORI statute.

The thing is, Galvin isn’t bound by what DCJIS says. The public records law says that the supervisor of records is entitled to determine “whether the record requested is public.” The DCJIS’s regulation adopting this view is irrelevant, too, because as noted above, the public records law only exempts documents “specifically or by necessary implication exempted from disclosure by statute.” The Supreme Judicial Court ruled in 1999 that the “statutory” exemption doesn’t extend to mere regulatory enactments “promulgated under statutory authority,” even “in close cooperation with the Legislature.” Despite this ruling, just Wednesday, Galvin’s office again refused to order state police officer mug shots to Wallack on the ground that “[b]y regulation,” — not statute — they are exempt CORI documents.

Wallack’s reporting has led us to a momentous Sunshine Week in Massachusetts. We’ve seen unusual, coordinated editorials in major Massachusetts newspapers condemning the rulings, a letter published in the Globe, the Boston Herald and GateHouse Media newspapers (including The Patriot Ledger of Quincy and The Herald News of Fall River) signed by members of the Northeastern Journalism School faculty, and extensive coverage on the normally neglected subject of government transparency.

To his credit, Galvin is calling for reforms to the public records law, and Attorney General Healey has vowed to work with his office to strengthen transparency. Reforms are sorely needed, especially to require shifting of attorneys’ fees if a requester successfully sues. But in the meantime, Galvin can and should reconsider his misguided rulings on arrest records.

Jeffrey J. Pyle is a partner at the Boston law firm of Prince Lobel Tye and a trial lawyer specializing in First Amendment and media law.

Alex Beam on the three Dan Kennedys

Dan_Kennedy_Chivas_USA_2011

Dan Kennedy

Alex Beam has an amusing column in The Boston Globe today on people who have the same name or close to it — like Isiah Thomas and Isiaih Isaiah Thomas, or Alex Beam and, yes, Alex Beam.

This is not the first time Beam has gone there. Here’s a column he wrote in 2003 on three Dan Kennedys. And he didn’t even mention the soccer player. Then again, that Dan Kennedy was only 11 years old at the time.

Photo (cc) by Ryan Byrne and published under a Creative Commons license. Some rights reserved.

Northeastern j-school faculty calls for public-records reform

The state’s weak public-records law has long needed to be reformed. A lack of meaningful penalties for government agencies that refuse to turn over public records, outrageous fees and other problems make Massachusetts a laggard when it comes to transparency. Several years ago the State Integrity Investigation awarded Massachusetts a richly deserved “F” on public access to information.

Last week brought mind-boggling news from Todd Wallack of The Boston Globe, who reported that Secretary of State William Galvin’s office has issued rulings allowing certain formerly public records to be suppressed, including arrest reports of police officers charged with drunken driving. (Galvin later turned around and called for an initiative petition to put some teeth in the public-records law. Make of that what you will.)

Now the Globe, the Boston Herald and GateHouse Media Massachusetts have editorialized in favor of significant reform. The Massachusetts Freedom of Information Alliance, a group comprising the New England First Amendment Coalition, the ACLU of Massachusetts, the Massachusetts Newspaper Publishers Association and others, is calling for immediate action.

Seventeen of my colleagues and I at Northeastern’s School of Journalism lent our voices to the cause this week with a letter that has been published in the Globe, the Herald and (so far) two GateHouse papers: The Patriot Ledger of Quincy and The Herald News of Fall River. Because the Globe and the Herald were unable to run everyone’s names, I am posting them here. They include full-time as well as adjunct faculty:

  • Dan Kennedy, interim director
  • Chris Amico
  • Mike Beaudet
  • Nicholas Daniloff (emeritus)
  • Charles Fountain
  • Carlene Hempel
  • Joy Horowitz
  • Jeff Howe
  • William Kirtz
  • Dina Kraft
  • Jean McMillan Lang
  • Laurel Leff
  • Gladys McKie
  • Lincoln McKie
  • Bill Mitchell
  • Tinker Ready
  • James Ross
  • Alan Schroeder

This is Sunshine Week, an annual celebration of open government. In Massachusetts it’s time to let the sun shine in.