Tag Archives: Northeastern University

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.

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.

Remembering David Carr

David Carr. Photo via Wikipedia.

David Carr. Photo via Wikipedia.

This morning I woke up to the awful news that New York Times media columnist David Carr has died at the age of 58.

Carr’s Monday column, “The Media Equation,” was a ritual — all of us who watch the media for a living would check out what Carr had to say, often on Sunday evenings, when his weekly missive would be posted ahead of the next day’s print edition. His fierce intelligence and passion for what’s good in journalism made him the leading media commentator of our time. He was also a master of Twitter, and his quirky feed will be missed nearly as much as his more substantial work.

I knew Carr slightly. I vaguely recall talking with him a few times back when he was at the Washington City Paper and I was writing for the Boston Phoenix. In 2010, I had the honor of sharing a stage with him at MIT. His magnum opus on the Chicago Tribune under Sam Zell (one of the finest pieces of media reporting I’ve seen) had just been published, and Carr was at his profane, funny best.

In December 2013, Boston University announced that Carr would be taking a high-profile role in its journalism department. I remember talking with the director of our journalism school at Northeastern, Steve Burgard, about what it meant for the perpetual rivalry between the two programs.

Now Steve and David are both gone, well before their time.

Reporting on national security in the age of Edward Snowden

b_kirtzBy Bill Kirtz

WASHINGTON — As governments throughout the world try invasive methods to penetrate newsroom secrets, top journalists use no-tech methods: meeting sources outside microphone range, avoiding phone and email messages and keeping pencil — not electronic — notes.

“We’re going back to old-time shoe leather reporting,” said New York Times national security correspondent David Sanger. “We try not to leave a trace — with no electronic footprint.”

But he told a “Journalism After Snowden” conference at the Newseum last Thursday that while journalists can protect their own data and sources, they can’t control what hackers can do to intercept their electronic communications.

The conference was the last in a series exploring issues raised by Edward Snowden’s massive leaking of National Security Agency documents.

Sanger said the Times’ greatest concern is not the NSA but with protecting communications with staffers around the world, where surveillance can potentially obtain drafts of stories.

He and other speakers noted that the U.S. government has obtained employees’ records and that that the recent Jeffrey Sterling espionage conviction shows that prosecutions could succeed without forcing a reporter to testify.

In that case Times reporter James Risen fought a seven-year battle to protect confidential sources, but the government helped make its case by producing phone calls and email contacts between Risen and Sterling.

Times executive editor Dean Baquet and his Washington Post counterpart, Marty Baron, said they decide officials’ requests to withhold national security information on a case-by-case basis.

They said they won’t surprise officials by publishing potentially dangerous information but will give them a chance to make their case against publishing.

Baquet will hear them out and push them hard for specifics about how publication can harm national security. He said they have to prove that printing risks “life and limb.”

Baron said, “We don’t publish sources and methods. We try to balance national security concerns with the public interest. It comes down to our judgment.”

Both editors said the press should do more, not less, probing of national security issues.

Baquet sees more secrecy in national security than ever, saying for example that it’s “stunning” how little we know about drone warfare. “It’s an undeclared, undiscussed and uncovered issue around the world.”

Bill Kirtz is an associate professor of journalism at Northeastern University.

Northeastern’s journalism school to partner with Fox 25

Mike Beaudet with Northeastern journalism students. Photo by Brooks Canaday/Northeastern University.

Mike Beaudet with Northeastern journalism students. Photo by Brooks Canaday/Northeastern University.

Northeastern’s School of Journalism has some exciting news to report. Professor Mike Beaudet, who joined the full-time faculty in 2014, will be leading an investigative-reporting class that produces stories for his other employer, WFXT-TV (Channel 25). Our students’ work will appear on television and on the Fox 25 website.

You can read the press release here. And there are more details here.

Our partnership with Fox 25 represents the next phase in our investigative-reporting efforts. For seven years the legendary Walter Robinson led a class that regularly produced front-page stories for The Boston Globe. Robinson decided to retire from Northeastern last year and return to the Globe staff, where he is still kicking ass.

While no one can replace Robby, Mike is one of the best investigative reporters in the city, and has led Fox 25’s award-winning investigative efforts for years. He also earned his master’s degree from Northeastern.

“I want all of my stu­dents to dig deep on any given story, taking the time to ask follow-​​up ques­tions and see what else can be uncov­ered,” Beaudet tells news@Northeastern. “Our job as jour­nal­ists will be to keep dig­ging until we get to the truth.”

Telling the story across media platforms

For their final project, my graduate students in Fundamentals of Digital Journalism had to produce a story on a topic of their choosing that included three elements: a bloggy feature story (bloggy because it’s full of links), photos and a video.

Their reporting took them from a program in New York that promotes alternatives to prison to a horse farm in Goffstown, New Hampshire, for kids with disabilities. Most of their stories, though, were based in the Boston area.

There’s some good work here, and I hope you’ll take a look at the map. Each marker will take you to a different story. You’ll need to zoom in on Boston.

Northeastern J-School partners with Esquire magazine

photoBy Jeff Howe

Earlier this year Northeastern University’s School of Journalism received a Knight Foundation grant to launch a Media Innovation graduate program. Students — mostly mid-career journalists and the occasional newly minted J-school grad — would pursue one story over the 18-month course of study. We’d let the story discover its own media, so to speak, rather than, say, imposing an interactive treatment on a piece that wants to be a photo essay. Then we would crack open the considerable resources of Northeastern University to our students. Javascript, data-scraping, digital videography — each student writes her or his own ticket, like a Knight Fellowship with a degree at the end.

In the final semester we would work assiduously to place the story with a well-respected media outlet. Poker isn’t poker without money, and journalism isn’t journalism without readers. Since we mostly acquire the craft in a newsroom, we figured we’d bring the newsroom into the university. So far, and to our great pleasure, reality has followed the blueprint.

In the spirit of marrying education to editorial, this week we launched a partnership with Esquire magazine. The goal is to create both a physical and virtual research and development lab for digital storytelling. Online platforms have recently delivered a cornucopia of long-form journalism, but we’re still in the messy — a.k.a. totally awesome — phase of experimentation. Most of the current experimentation will fade away without a trace. But some of it will stick.

Esquire and Media Innovation decided to approach the subject from three directions:

  • StoryLab, a full-semester course taught at Northeastern’s School of Journalism beginning in spring 2015, in which students will work with Esquire writers and editors to reimagine both classic and new Esquire stories for the digital age.
  • Storybench.org, a news site that offers an “under the hood” look at the latest and most inventive examples of digital creativity — from data-visualization projects to interactive documentaries — as well as the tools and innovation behind them.
  • StoryChallenge, an annual new-media storytelling competition, launching in October 2015, which will challenge journalists to reinvent the way magazine stories are told.

These projects serve a few highly pragmatic purposes. As one of the nation’s most prestigious venues for literary journalism, Esquire has a great interest in the future of that form. As educators, we’re doing our best to prepare journalism students to enter a workforce that expects creativity and a collaborative imagination as much as shoe leather reporting.

Recently we had Jay Lauf — the founding president and publisher of the business news site Quartz — speak to our students. Like Vice and BuzzFeed, Quartz is growing fast and hiring accordingly. I’m so accustomed to journalism’s famine mentality I assumed they were getting inundated with talented candidates.

That’s not the case. “We are getting swamped with résumés,” Jay says, “but not always with qualified candidates.” Jay defines these as journalists who may have a base-level fluency in programming but, more important, they can demonstrate an easy facility with numbers and data and social media. In fact, the various digital journalism ventures in New York, Jay says, are battling it out for the few journalists that fit the new mold.

There’s another mission threading throughout these efforts: How do you train journalists for jobs that don’t exist yet? One way, we figured, was to try to invent those jobs here. We’re not going to do that by stroking our chins in Aristotelian reflection. We’re going to do it by doing it. There have to be readers at the end of the process, and real sources and real stories. Poker ain’t poker if you’re not using real money. Journalism ain’t journalism unless the stakes are real. And that’s what these Esquire partnerships bring to the table.

Jeff Howe is an assistant professor of journalism at Northeastern University. This post was previously published at the Knight Blog.