By Dan Kennedy • The press, politics, technology, culture and other passions

Month: June 2007

End of the line?

A wise local reporter recently told me to stop wishing for Herald publisher Pat Purcell to appeal the $2.1 million libel verdict against his paper to the U.S. Supreme Court. I see his point — given the court’s recent outrageous ruling on pay equity, it’s hard to imagine (OK, it’s easy to imagine) what Roberts, Alito, Scalia et al. might do to Times v. Sullivan, the 1964 ruling that makes it difficult for public officials to win libel suits.

Perhaps this is going to end with a whimper. The Globe reports today that the state’s Supreme Judicial Court has declined to revisit its recent decision upholding the 2005 libel verdict in favor of Superior Court Judge Ernest Murphy, who’d claimed the Herald had falsely portrayed him as making demeaning statements about a 14-year-old rape victim — specifically, that he had said, “Tell her to get over it” during a meeting with lawyers.

Apparently there’s a brief in the Herald, too, but right now the paper’s Web site is down.

Not to relive this endlessly, but Times v. Sullivan and its progeny required Murphy to show that Herald staffer Dave Wedge knew or strongly suspected he was reporting false information. The jury and the SJC bought it, but I still don’t. Even though Wedge’s reporting was sensationalistic and marred by several key errors, I don’t think he ever believed he was doing anything other than passing along the honest views of his sources in the Bristol County district attorney’s office.

In Massachusetts, at least, Times v. Sullivan no longer provides journalists with the near-absolute protection they’d had to report fearlessly about public officials. Some may say that’s a good thing. I certainly don’t.

The threat to local access

When the euphemisms start piling up, the best thing to do is to take a closer look. The Legislature’s Joint Committee on Telecommunications, Utilities and Energy will hold a public hearing tomorrow on the Massachusetts Cable Choice and Competition Act. Well, gee, who could be against such a thing? In fact, the bill represents a massive assault on local media by the telecom giant Verizon. It’s also part of a nationwide campaign. The Web site SaveAccess.org is tracking the issue here and elsewhere.

The legislation, described in the Globe last Friday by Laura Colarusso and the subject of a Globe op-ed today by Nolan Bowie, would strip cities and towns of their right to regulate the franchising of cable television operations in their communities. Instead, all regulation would be carried out by the state. Such a change could result in less local programming — the government meetings, school plays, church services and community bulletin boards that don’t exactly compete with “American Idol,” but that form a vital part of the local media scene.

Because government-mandated funding formulas are based on the number of subscribers in a given community, larger cities such as Boston, Cambridge and Somerville have vibrant local public-affairs programming as well. Boston even has a daily newscast and a weekly political talk show, as I described in a story for CommonWealth Magazine earlier this year. State regulation wouldn’t necessarily result in the immediate demise of such funding mandates — but it would make getting rid of those mandates a whole lot easier.

So what’s going on? Traditional cable providers — now mostly bought up by Comcast — played by the old rules, winning approval on a town-by-town basis. Verizon, which seeks to offer cable television over its phone lines, wants to catch up quickly, which is why Verizon officials are complaining about the lengthy delays sometimes imposed by local officials. Comcast, at least for the moment, seeks to keep the current regulatory regime in place — after all, it already has the licenses it needs, so anything that makes life more difficult for Verizon gives it a competitive advantage.

In fact, there will be more competition and more choice for consumers in communities where Comcast and Verizon go at it head to head. The problem is that transferring the regulatory process from local communities to the state could well result in fewer mandates for cable providers to put money into local programming. It could quickly become a race to the bottom, as Comcast would rightly cry foul if Verizon were allowed to get away with making less of a commitment to localism.

The traditional cable providers are fighting just as hard as Verizon. Recently I noticed a commercial during a Red Sox game from a group called Keep It Local MA. It was a warm, gauzy appeal to keep cable television the way it is today. Its Web site looks like it was designed by Norman Rockwell. But if you do a “whois” on keepitlocalma.com, you’ll find that it’s registered to something called NECTA.

A little Googling quickly reveals that NECTA is the New England Cable and Telecommunications Association, “a six state regional trade association representing substantially all private cable telecommunications companies in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont” that “has represented the interests of the cable telecommunications industry before state and federal regulatory agencies, in the Courts, the Legislatures, and before the Congress of the United States.”

So yes, all the players are looking out for their best interests. It’s just that, in this particular case, the traditional cable industry’s interests happen to line up with those of consumers.

The time will come when there will be no logical rationale for regulating television delivery — it will all be Internet-based, and the closed cable systems of today will cease to exist. For now, though, if regulators stop requiring cable companies to pay for local programming, then it will disappear.

The legislation, Senate #1975, is online here. The media-reform organization Free Press offers online resources here. The principal sponsor of the bill is state Sen. Steven Panagiotakos, D-Lowell, whose contact information is online here. The Massachusetts Muncipal Association, which opposes the bill, has a resource guide online here.

Correction: Media activist Chuck Sherwood writes to tell me that Keep It Local MA is more than an astroturf campaign: “Just to make sure you understand, even though KIL-MA is registered to NECTA, it is in fact a network of opponents to the Verizon Special Interest bill that includes, Mass Access, ACM-NE, Mass PIRG, the Mass Municipal Association and their Mayor’s Association, and behind the scenes Free Press.” So noted.

The Sadr solution?

Maybe it’s because it seems as though Moktada al-Sadr is going to win anyway, but I’m intrigued by Bartle Breese Bull’s op-ed in the New York Times, “An Enemy We Can Work With.”

Sadr is certainly not going to bring liberal democracy to Iraq, but we’re long since past that notion. In Sadr’s favor: he and his family were bitter enemies of Saddam Hussein’s regime, and his father was killed by Saddam; Sadr’s movement of the dispossessed has far fewer ties to Iran than does Iraq’s Shiite elite; and, at least according to Bull, Sadr has privately, though grudgingly, lent his tacit support to the American occupation.

There is not going to be a good outcome in Iraq. Bull points the way to a possible least-bad outcome that we could live with.

Funding crisis hits MediaChannel

The MediaChannel, a nonprofit watchdog organization founded seven years ago, is in danger of going under by the end of June.

The organization was begun in 2000 by two former Boston journalists, Danny Schechter and Rory O’Connor. Schechter recently released a new documentary, “In Debt We Trust.” O’Connor is a founder of NewsTrust, a social network that rates news stories and organizations.

Here’s an excerpt from MediaChannel’s fundraising appeal:

“It is sad to have to shut down an important service in the public interest because our not-for-profit site can’t attract sufficient resources to support a very small staff or to pay necessary bills including rent, server fees and utilities,” said Danny Schechter, co-founder of the international web platform that launched February 1, 2000. “The ultimate irony is that MediaChannel has never been better — its traffic is up and its impact strong, as is the quality of its timely and diverse offerings, which include original reports, blogs, videos, features and media news from across the world.”

MediaChannel may not get as much attention as Media Matters for America, which also analyzes the media from a left-of-center point of view, but with a more partisan political edge. But it does good work, and it would be a shame if it disappeared.

Also banging the tin cup: Christopher Lydon’s excellent public radio program, “Open Source,” which lost its funding from UMass Lowell last year. Clea Simon has the update in Wednesday’s Globe.

Mr. Fussy writes a correction

With apologies to Alex Beam, by way of Roger Hargreaves.

The Globe today publishes a correction that is superfluous bordering on confusing. It reads:

Based on incomplete information on a congressional website, a graphic with a Page One story about a plaque commemorating the origins of gerrymandering wrongly said Massachusetts Governor Elbridge Gerry and state Senator Israel Thorndike attempted to keep their Republican friends in power. They were members of the Democratic-Republican Party, also known as the Jeffersonian Democrats. The Republican Party was not founded until the 1850s.

But as anyone who’s studied American history should know, the Democratic-Republican Party, founded by Thomas Jefferson and James Madison, was universally known in its early days as the Republican Party. This Wikipedia entry gets it right despite being from, you know, Wikipedia. And hand it to Wikipedia again, which correctly notes that the Republican Party started to be called the Democratic Party around the time of Andrew Jackson’s presidency.

If the Globe’s editors thought they needed to clarify this at all, instead of calling it a “Correction” they should have trotted out an old standby from years past: “Amplification.” Mr. Fussy really would have liked that.

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