A second Muzzle Award to the Mystic Valley charter school — this time over a public records dispute

Public domain photo via rawpixel

Imagine, if you will, a public school, supported by taxpayer dollars, claiming that it’s a private corporation and doesn’t have to comply with the state’s public records law. It is absurd on the face of it. Yet that’s what the Mystic Valley Regional Charter School is arguing in a case before the Supreme Judicial Court.

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According to an account by Jennifer Smith in CommonWealth Beacon, at least two of the justices appeared to be unimpressed by the Malden-based school’s claims when the case was argued at a recent hearing.

“You’re in real trouble,” Justice Scott Kafker told Charles Waters, a lawyer for the school, explaining, “It quacks like a duck, it waddles like a duck, it paddles like a duck.” Added Justice Dalia Wendlandt:

I understand charter schools were created to be independent in certain ways, to foster innovation in education and have the ability to do that in a way that the average public school does not. Good. But that doesn’t carry you to the argument that they’re not subject to the public record law.

At issue are some 10 instances in which public records were sought by a Facebook-based local news organization called the Malden News Network, Commonwealth Transparency and Malden mayoral candidate Lissette Alvarado. Smith reports that the requested information includes “corporate statements, contracts, ledgers, lease records, conflict of interest disclosures filed by board members, payments made to employees or professional services, and confidentiality and non-disclosure agreements.”

The case dates back to mid-2023, when state Attorney General Andrea Campbell filed a legal action against the school to force it to comply with the public records law. For fighting so stubbornly to conduct the public’s business behind closed doors, the Mystic Valley school has earned a New England Muzzle Award — its second. In 2017, I awarded a Muzzle to the school for discriminating against Black students by banning long braids and dreads. In 2022, the school sent a female Muslim student home because she was wearing a hijab in violation of the student dress code.

Despite the school’s reputation for academic excellence, there is clearly a culture problem that needs to be addressed.

According to Smith’s report in CommonWealth Beacon, Mystic Valley is claiming that it’s not subject to the public records law because “Charter schools, in their view, are public schools that are structured and treated in some ways more like corporations.” Among those disagreeing is the Massachusetts Charter Public School Association. Then again, Mystic Valley is one of just three charter schools that are not members of that organization.

In an editorial (sub. req.) calling for the SJC to rule against Mystic Valley, The Boston Globe observes that the school has already lost in decisions rendered by the state supervisor of records, the attorney general and a Superior Court judge. The editorial concludes: “Charter schools have been a great asset to Massachusetts families; indeed, Mystic Valley has been ranked as one of the best schools in the state. But that’s not the issue here. The issue is that the public has a right to know how their tax dollars are being spent.”

It turns out that you can share Boston Globe stories with non-subscribers for free

On several occasions recently, I’ve argued that The Boston Globe ought to make a few gift links available each month so that subscribers can share them. Among other things, it might entice some casual readers into subscribing.

That’s the practice at The New York Times and The Washington Post, both of which allot subscribers 10 gift links per month. The Wall Street Journal and The Atlantic let subscribers share an unlimited number of stories. Surely the Globe could offer, oh, five or six.

Well, the other day I heard from a reader who told me that the Globe does allow sharing in a limited way. If you email someone the link to a Globe article by copying the URL at the top of your web browser and sending it with your email program, they will hit the paywall. But if you use the email thingie embedded at the top of each article (as in the illustration above), it will produce a link that can be opened by a non-subscriber. I’ve tested it with some of my social media followers, and it works.

What won’t work is if you use any of the other sharing bottons for Facebook, Bluesky and the rest. You’ll get a link, but it won’t get anyone around the paywall. But, uh, let me just also say that the link you get when you use the email button can be shared on social media or anywhere else, and anyone who opens it will have free access to that article.

I’m not going to use those free links on social media. Globe executives have the right charge for their journalism the way they see fit, and the social sharing workaround is clearly an unintended backdoor. On the other hand, I’m not inclined to keep this information to myself. I imagine they’ll implement a fix at some point. But it’s there — at least for now.

A ruling in favor of the Des Moines Register bodes well for defeating a bogus lawsuit brought by Trump

Even as major media organizations like ABC’s parent company, Disney, and CBS’s, Paramount, were settling bogus lawsuits filed by Donald Trump in order to demonstrate their submissiveness, an unlikely defender of the First Amendment has emerged: USA Today Co., which until earlier this week was known as Gannett.

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A federal judge on Thursday threw out a class-action lawsuit charging that Gannett’s Des Moines Register and pollster J. Ann Selzer committed fraud when they reported days before the 2024 election that Kamala Harris held a three-point lead over Trump in Iowa. As you may recall, the poll results created a sensation, but they turned out to be wrong: Trump won Iowa by 13 points, which was about what you’d expect.

The class-action suit was brought by a resident of West Des Moines named Dennis Donnelly, who claimed that he and other Register subscribers were victims of fraud because the Register acted with “intentional deceit or reckless disregard,” according to Emma Brustkern of WFAA-TV.

The suit is similar to one brought by Trump himself against Gannett, the Register and Selzer (he later dropped Selzer from the claim), calling the poll “brazen election interference.” That is, of course, a ridiculous allegation. More than anything, pollsters want to get it right, but sometimes they get it wrong. And sometimes, as in the case of Selzer in 2024, they get it very wrong. As U.S. District Judge Rebecca Goodgame Ebinger writes in her decision:

No false representation was made. Defendants conducted a poll using a particular methodology which yielded results that later turned out to be different from the event the poll sought to measure. The results of an opinion poll are not an actionable false represention merely because the anticipated results differ from what eventually occurred.

Trump’s own lawsuit is likely to meet a similar fate. So good for USA Today Co., which has shown a stiffer spine than some other media companies. Rather than allowing itself to be used by the Trump regime as a way of weakening the First Amendment, it is standing up to authoritarianism.

The Plymouth Independent names a Pulitzer winner as its next editor

David Kidwell. Photo via the Plymouth Independent.

The Plymouth Independent, a digital startup that ranks among the larger such projects in Eastern Massachusetts, has named a new executive editor. David Kidwell, a Pulitzer Prize-winning journalist from Chicago, will assume the Independent’s top editorial position in January. He succeeds founding editor Mark Pothier, who will remain as a staff reporter.

According to the Independent’s announcement:

Kidwell has had an outstanding career in journalism, spanning nearly 40 years. He started as a beat reporter for small town newspapers, going on to become an investigative reporter at the Miami Herald for 15 years and then the Chicago Tribune for 12 years. More recently, he worked as an editor at two nonprofit investigative groups in Chicago, the Better Government Assn. (BGA) and Injustice Watch.

Kidwell has won two Pulitzer Prizes, most recently at the BGA, where he conceived, oversaw and edited a series of stories about dozens of fire deaths that occurred because of lax enforcement of fire and building codes by local officials. In 2001, he was a member of the Miami Herald team that covered the story of the exiled Cuban boy, Elian Gonzalez.

“I am very excited to start this new adventure in Plymouth, and to be working with such a team of seasoned journalists,” Kidwell said. “I believe what you have been building is not only important to the people of Plymouth, but to the future of journalism. I can’t wait to get started.”

Pothier, a Boston Globe alumnus, announced in August that he was planning to step aside. That the Independent was able to attract someone of Kidwell’s stature to take his place is a testament to how attractive a stable nonprofit news organization is at a time when good journalism jobs are scarce.

Remembering the Iraq war: How Knight Ridder dug up the truth about Dick Cheney’s falsehoods

Dick Cheney. Photo (cc) 2011 by Gage Skidmore.

It was sadly ironic that the death of McClatchy’s Washington bureau was announced on the same day as that of former Vice President Dick Cheney. Because it was McClatchy — then known as Knight Ridder — that did more than any news organization to expose the Bush-Cheney administration’s lies and falsehoods in the run-up to the disastrous war in Iraq. Cheney, through frequent speeches and media interviews, became the public face of the war and its subsequent horrors, including the torture of Iraqi prisoners at the hands of American forces.

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Following the attack by Al Qaeda in the U.S. on Sept. 11, 2001, the Bush-Cheney administration invaded Afghanistan, which the terrorist group had made as its base. But the White House wanted to expand the war to Iraq, claiming that dictator Saddam Hussein was harboring weapons of mass destruction and had ties to Al Qaeda. Neither of those allegations proved to be true, but the U.S. nevertheless marched into Iraq in the spring of 2003, a debacle that ended, more or less, in 2011. Hundreds of thousands of people were killed, mostly Iraqi civilians.

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Three shining examples of enterprise reporting from The Boston Globe that you should know about

A DEA drug bust in Norfolk, Va. Photo (cc) 2019 by the Office of Public Affairs for the U.S. Marshals Service.

This morning I’d like to call your attention to three outstanding recent examples of enterprise journalism in The Boston Globe. On Friday I shared my last gift links for the month to The New York Times (those links should still work, by the way); the Globe, unfortunately, has a tight paywall with no gift links. One, however, is a podcast that you can listen to for free. So here we go.

The DEA said it arrested 171 ‘high ranking’ Sinaloa Cartel members. A Spotlight investigation found that’s not true.,” by Andrew Ryan, Hanna Krueger, Joey Flechas, Steven Porter and Amanda Milkovits, and edited by Gordon Russell.

The federal Drug Enforcement Administration has claimed that it’s made a major dent in the flow of illegal drugs in New England by arresting high-value suspects from a Latin American drug cartel. The Globe found that, in fact, the suspects were overwhelmingly “addicts, low-level dealers, shoplifters, and people living at a homeless encampment.” The Spotlight Team wrote:

“I can guarantee that he’s not part of the Sinaloa Cartel,” Scott Alati said of his son, Tyler, who was charged in state court in Franklin with a felony-level drug sale and immediately released without having to post bail. “He isn’t a high-ranking member of anything. He’s high-ranking dumb.”

In an editorial published today, the Globe asks: “If the Trump administration isn’t telling the truth about drug raids in New Hampshire, can people believe its rationale for killing supposed drug runners in the Caribbean?”

The answer is no. No, we can’t.

“Water is coming for the Seaport; the whole city will be poorer for it,” by Catherine Carlock and Yoohyun Jung. The story about how climate change threatens to inundate the Seaport District because of rising water levels is just one of a package. Other articles examine the effects of climate change-induced flooding on Morrissey Boulevard in Dorchester, the low-lying town of Hull, the pressure on levees in cities like Chicopee, and what is happening in small coastal communities.

Carlock and Jung write of the Seaport:

Rising seas threaten to reclaim those old mud flats, and, together with more frequent and severe storms, could swamp the neighborhood that has risen atop them. In all, 99 percent of what’s been built in the Seaport in the last quarter-century is at risk of flooding by 2050, according to a recent analysis from the Metropolitan Area Planning Council.

I want to call your attention to an interactive map put together by Jung and John Hancock that’s based on data from the Federal Emergency Management Agency, which the Trump regime has been busily wrecking. You can enter any address and see what the risks are. It turns out that we’re far enough uphill from the Mystic Lakes that we have little to worry about, but that’s not true of our neighbors closer to the shore.

The digital presentation of the entire series is outstanding.

“The Harvard Plan, Season 2,” by Ilya Marritz. I do not share the Globe’s obsession with all things Harvard. But I listened to Season 1 on the fall of former Harvard president Claudine Gay and got more out of it than I had expected. Over the weekend I caught the first episode of Season 2, which deals with the Trump regime’s assault on Harvard and other universities. As someone who works for a large university, I couldn’t help but be enthralled.

The podcast is a collaboration between the Globe and the public radio program “On the Media,” and it’s free. I was especially taken with Kit Parker, a bioengineering and physics professor, Army officer and self-described conservative Trump supporter. Parker is in favor of Trump’s crusade. At one point he says:

We’re unable to complete our mission by hosting debate and thoughtful discussion about the issues of the day represented by both sides. We continue to lower standards for admissions and scholarship, and integrity of scholarship.

We had spent 10 years talking about diversity, equity, inclusion, while we were aggressively excluding or silencing conservative voices on campus. Harvard should be like an intellectual cage match.

Of course, there are also more liberal faculty members who express horror at what Trump is doing as well as ambivalence over how Harvard should respond.

If you live in the Boston area and you’re reading this blog, then you’re probably already a Globe subscriber. But as I’ve said before, I wish they’d offer a few gift links per month, and I think it would result in more paid subscribers.

With midnight approaching, here are my last three New York Times gift links for October

The U.S. Supreme Court

It’s that most wonderful time of the month, when I’ve got a few gift links to The New York Times that I haven’t used and I want to share them with my readers. These links will turn into pumpkins at midnight, which is appropriate on Halloween. (That is, they’d turn into unshareable pumpkins for me. Now that I’ve shared them, you should be able to use them indefinitely.) So please enjoy.

“The Debate Dividing the Supreme Court’s Liberal Justices,” by Jodi Kantor. This is by far the most significant of the three, and it’s absolutely fascinating. Kantor’s major thrust is that Justice Elena Kagan is trying to stick with her longstanding approach of being conciliatory in the hopes of occasionally pulling Chief Justice John Roberts and Justice Amy Coney Barrett to her side, whereas Justice Ketanji Brown Jackson has put the right-wing majority on blast.

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A post-merger purge of 2,000 at Paramount claims WBZ-TV political analyst Jon Keller

Jon Keller, left, and I kicked around some media topics on WBZ-TV back in 2018, when we were both a little less gray.

Old friend Jon Keller was laid off Thursday by WBZ-TV (Channel 4) as part of wide-ranging cuts at Paramount-owned CBS, writes Boston Globe media reporter Aidan Ryan (sub. req). Keller, a political analyst at the station for 20 years, was one of five staff members who lost their jobs, although he was the only on-air journalist.

Earlier this year the station laid off medical reporter Dr. Mallika Marshall, and veteran reporter Beth Germano retired. The departures represent a significant blow to the station given that television news depends on recognizable, trusted journalists.

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An anti-Trump meme poster is out of jail, but Tennessee authorities have sent a chilling message

Larry Bushart under arrest. Photo by the Lexington, Tenn., police department via The Intercept.

Larry Bushart is free, but he didn’t win. It was the forces of oppression that won after Bushart spent a month in jail, held on $2 million bail, for publishing a provocative Facebook post about the late Charlie Kirk and Donald Trump that Tennessee authorities decided to conflate into the felony of recklessly threatening mass violence at a school.

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Bushart was released from jail Wednesday after public pressure began to build, reports Rick Rojas in The New York Times. A retired law-enforcement officer who obsessively posts liberal memes, Bushart’s offense was to publish a photo of Trump following Kirk’s murder accompanied by the words “We have to get over it,” which was a statement Trump made in 2024 after a fatal school shooting in Iowa. A line under the photo read “Donald Trump, on the Perry High School mass shooting, one day after,” along with “This seems relevant today …”

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The Washington Post runs three editorials failing to disclose Jeff Bezos’ conflicts of interest

Jeff Bezos. Illustration (cc) 2017 by thierry ehrmann.

When Jeff Bezos bought The Washington Post in 2013, there were fears that he would position its editorial pages to boost his various business interests and amplify his quirky political philosophy.

Consider, for example, Shel Kaphan, an engineer who was Amazon’s first employee and later had a falling-out with Bezos. “It makes me feel quite nauseous,” Kaphan told the Post immediately after the purchase was announced. “I’d hate to see the newspaper converted into a corporate libertarian mouthpiece.”

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Contrary to Kaphan’s fears, Bezos proved to be an exemplary owner for 10 years. Then, in late 2023 he hired the ethically challenged Fleet Street veteran Will Lewis as his publisher, and it’s been all downhill since then.

Particularly damaging has been Bezos’ assault on the Post’s opinion section, which began with his decision to kill an endorsement of Kamala Harris just before the 2024 presidential election. That was followed by the exodus of key employees, Bezos’ pronouncement that the opinion section would be reoriented to emphasize “free markets and personal liberties,” and the hiring of the conservative journalist Adam O’Neal to be opinion editor.

Now comes yet another disturbing development in the Post opinion section’s race to the bottom. NPR media reporter David Folkenflik writes that, on three occasions in recent weeks, the Post has editorialized in favor of Bezos’ business interests without making any disclosure — a violation of basic journalistic ethics. As Folkenflik observes:

For the newspaper’s owner to have outside business holdings or activities that might intersect with coverage or commentary is conventionally seen to present at the least a perception of a conflict of interest. Newspapers typically manage the perception with transparency.

The Post has resolutely revealed such entanglements to readers of news coverage or commentary in the past, whether the Graham family’s holdings, which included the Stanley Kaplan educational company and Slate magazine, or, since 2013, those of Bezos, who founded Amazon and Blue Origin. Even now, the newspaper’s reporters do so as a matter of routine.

The three undisclosed conflicts, by the way, involved a rousing endorsement of Donald Trump’s hideous ballroom, for which Amazon was a major corporate donor; support for the military’s bid to build nuclear reactors, which could bolster another Amazon investment; and a piece urging local officials in Washington to approve self-driving cars. Amazon’s autonomous car company, Zoox, had just announced that it would be moving into the nation’s capital.

Folkenflik noted that in the case of the ballroom to replace the now-demolished East Wing, the Post added a disclosure after its initial publication — but only after being called on it by Columbia Journalism School professor Bill Grueskin.

It’s not at all unusual for media moguls to have a variety of entangling business interests. The solution, without exception, is to disclose those conflicts whenever they are being reported on or editorialized about. The Boston Globe, for instance, rarely fails to disclose John and Linda Henry’s ownership of the Red Sox and their other sports-related interests when reporting on them as business enterprises.

To borrow Shel Kaphan’s description, it is nauseating to watch Bezos destroy his legacy as a first-rate newspaper owner by turning the Post’s opinion section into a pathetic joke. It has cost the Post tens of thousands of readers, and media reporter Natalie Korach of Status reports writes the staff is preparing for a painful round of cuts just before the holidays.

But Bezos doesn’t care. His interests are elsewhere. I just wish the world’s fourth-richest person would donate the Post to a nonprofit foundation so that he can cease being, as he’s put it, “not an ideal owner” of one of our great newspapers.