Tag Archives: Jim Braude

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.

Jim Braude will succeed Emily Rooney at ‘Greater Boston’

Jim Braude. Photo by Tracy Powell/WGBH.

Jim Braude. Photo by Tracy Powell/WGBH.

Congratulations to Jim Braude, who has been named Emily Rooney’s successor as host of “Greater Boston” on WGBH-TV (Channel 2). Given that Braude already co-hosts “Boston Public Radio” with Margery Eagan on WGBH Radio (89.7 FM), the move makes a great deal of sense.

(Conflict alert: I am a paid panelist on Channel 2’s Friday “Beat the Press” and an unpaid contributor to WGBHNews.org. And yes, Rooney will continue to host “Beat the Press.”)

I covered Braude as far back as the 1980s, when he was head of the liberal Tax Equity Alliance for Massachusetts and I was a reporter for the Daily Times Chronicle of Woburn. He and Barbara Anderson, who ran Citizens for Limited Taxation, often debated in public, even traveling together despite their different ideological viewpoints.

In 1996 I interviewed Braude when he was launching a liberal magazine called Otherwise and I was covering the media for The Boston Phoenix. The idea, he told me at the time, was motivated in part by complaints on the left that they were too often ignored by the mainstream.

“We’ve done so much bitching about media access for so long that my reaction is to just do it,” Braude said. “The environment is as ripe as it could be.”

Otherwise had a decent run, but as is generally the case with startup magazines, it eventually faded away. Braude hasn’t. His program on New England Cable News, “BroadSide,” which he’s leaving, has been a bastion of intelligence for years. His radio show with Eagan — the only listenable program on the late, unlamented WTKK — was so good that it brought both of them to WGBH.

The big question is how “Greater Boston” will change with Braude at the helm. “I love Emily,” he tells The Boston Globe’s Shirley Leung. “We are different people with different styles. Beyond that, stay tuned.”

Ferguson and the importance of citizen media

2848609_300Two of my WGBH colleagues, Callie Crossley and Jim Braude, were welcomed to the honorary board of Cambridge Community Television recently. (Robin Young of WBUR and I were the picks last year.) Congratulations to both Callie and Jim. CCTV is a great example of how volunteer media can make a difference in providing local news and fostering civic engagement.

CCTV executive director Susan Fleischmann asked me to speak for a few minutes, and then published a tweaked-up version of my remarks in Open Studio, the organization’s newsletter. You can read what I had to say here or below:

On the evening of Aug. 13, while I was checking Twitter, I started to see reports coming in that the police in Ferguson, Missouri, were forcibly suppressing nonviolent protests. Five days earlier, on Aug. 9, a teenager named Michael Brown had been killed by a police officer under circumstances that are still unclear.

I turned on CNN, which was running a story on the death of Robin Williams. So I turned back to Twitter.

Several people I was following posted livestreams. I clicked on one called “I Am Michael Brown Live” from KARG Argus Radio, a community radio station. What I saw was incredible. It certainly wasn’t HDTV — the video was dark and green, likely shot with nothing but a smartphone, showing a column of police officers advancing and using flares and rubber bullets to disperse a peaceful crowd.

Later, the cable channels started covering Ferguson live — but they were mainly showing the KARG footage, as it was pretty much the only material they had.

Ferguson showed the power of citizen media. Reports from the scene on Twitter, Instagram and the like kept growing and building until finally the mainstream media were forced to take notice and cover the story.

At a time when the traditional media don’t have the resources to cover stories the way they did 20 years ago, ordinary people armed with smartphones can serve as an early warning signal. A story can begin with citizen media and work its way into the mainstream — and from there into the national consciousness, as was the case in Ferguson.

It was widely reported that two journalists were arrested the night of Aug. 13 — Wesley Lowery of The Washington Post and Ryan Reilly of The Huffington Post. In fact, there was a third — Antonio French, a St. Louis alderman who had been covering the protests on social media from the beginning.

Lowery — who video-recorded the officer who was arresting him — and Reilly were quickly released. It took longer for French. But how much longer still if he hadn’t been an elected official? At at time when everyone can engage in acts of journalism, we need protection not just for professional journalists but for people using the tools they have available to report what is happening around them.

What professional journalists do is incredibly important. The stories they tell, when done well, give us the information we need to govern ourselves in a democracy.

What you as citizen journalists involved in public media such as Cambridge Community TV are doing is every bit as important. Many times you are on the front lines of local stories that are too local for the mainstream to bother with. And you’re the early warning signal for the mainstream.

What happened in Ferguson underscores the value and importance of what you do every day. All of us in professional journalists admire what you’re doing, or at least we should. This evening is to salute you.

Eagan leaves Herald, will write for Globe’s Catholic site

Margery Eagan

Margery Eagan

Longtime Boston Herald columnist Margery Eagan has left the paper and will write for The Boston Globe’s Catholic website when it debuts later this summer. Eagan is a colleague at WGBH, where she cohosts “Boston Public Radio” with Jim Braude.

“I’ll be joining the Catholic site when it begins,” Eagan tells me by email. “And I am thrilled.”

Eagan has been one of the Herald’s signature columnists for quite a few years; here is her most recent effort. This is a big loss for the local tabloid — a day after the paper announced it had hired Kimberly Atkins to be its first full-time Washington reporter in a decade.

“Boston Public Radio” to add a third hour this September

Screen Shot 2014-06-09 at 9.07.18 AMWGBH Radio (89.7 FM) is adding a third hour of “Boston Public Radio” with Jim Braude and Margery Eagan this September, when it will be on the air weekdays from 11 a.m. to 2 p.m.

In addition, the program — and WGBH in general — will partner with The GroundTruth Project, a nonprofit venture recently begun by the Boston-based international news site GlobalPost and its co-founder and editor-at-large, Charles Sennott.

You can find the full announcement here — and my standard disclosure here.

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.

The return of Christopher Lydon

Christopher Lydon

Christopher Lydon

There’s big news in the Boston public radio world, as Christopher Lydon returns to the airwaves tonight at 9 with “Radio Open Source,” the radio/podcast interview program he’s been doing for some years now. He’ll be on for an hour every Thursday, with weekend rebroadcasts.

And in a sign that times change, he’ll be doing it on WBUR (90.9 FM), from which he and producer Mary McGrath — who still works with Lydon — memorably departed in 2001. Lydon and McGrath got into a dispute with then-general manager Jane Christo over the ownership of “The Connection,” the show they helmed at the time.

Lydon officially announced his return on Monday. The Boston Globe’s Joe Kahn reports on it today, the morning of Lydon’s debut.

Technically this is more of a ramp-up than a return: Lydon had been appearing regularly on Jim Braude and Margery Eagan’s show, “Boston Public Radio,” on WGBH (89.7 FM). I’m a paid contributor at WGBH, but I think it’s self-evident that the rivalry between the two public radio powerhouses has led to better local programming at both stations.

Here is what I reported for The Boston Phoenix in 2005 as “Open Source” was about to launch at UMass Lowell. (Lydon and company eventually affiliated with the Watson Institute at Brown University.)

Lydon is an on-air legend and McGrath knows how to do terrific radio. Best of luck to both of them.

Photo (cc) 2012 by Mark Fonseca Rendeiro and published under a Creative Commons license. Some rights reserved.