An important libel ruling by the SJC

The state’s Supreme Judicial Court issued an important decision today that reaffirms protections for the news media against libel suits.

The case involved a town employee in Abington who was fired after sexually explicit images were discovered on his town-owned computer. The Enterprise of Brockton published a series of stories on official actions taken against the employee (who was eventually fired), based almost entirely on anonymous sources.

The SJC decision, written by Justice Robert Cordy, found that the fair-report privilege, which allows journalists to report libelous statements made in the course of official proceedings, applies even when those reports are based on anonymous sources.

Cordy also ruled that the Enterprise’s stories were substantially fair and accurate despite an error in one of the stories, and that the ex-employee could not sue the paper for intentionally inflicting emotional distress.

Those are the highlights. First Amendment lawyer Robert Ambrogi offers a deeper analysis here. The full text of the decision is here. (Via Universal Hub.)

Ted Koppel may anchor ABC’s “This Week”

Ted Koppel

My “Beat the Press” colleague Callie Crossley has the best idea for George Stephanopoulos’ replacement on ABC’s “This Week”: Gwen Ifill, who would have been a far better choice to succeed the late Tim Russert on “Meet the Press” than David Gregory — predictably — has proved to be.

But if an Ifill hire isn’t in the works, we might get the next best thing. The Politico’s Mike Allen reports that ABC is negotiating with legendary “Nightline” anchor Ted Koppel, now in busy semi-retirement, to moderate “This Week” three Sundays a month.

Koppel was one of the finest broadcast journalists of his generation — the successor to Murrow and Cronkite to a far greater extent than any of the folks who have anchored the network evening newscasts in the post-Cronkite era. He’s a tough interviewer and would bring unparalleled gravitas to the job. Ducking a question from Ted Koppel is not the same as ducking a question from Jake Tapper, Terry Moran or anyone else.

I do have one reservation. After Russert’s death in 2008, I thought retired anchor Tom Brokaw was an excellent choice to fill the moderator’s slot on an interim basis. Instead, Brokaw seemed cranky, sour and bored.

The Brokaw lesson is that it would be great to have Koppel back — but only if he’s prepared to bring his “A” game.

Photo (cc) by Tim Brauhn and republished here under a Creative Commons license. Some rights reserved.

McCain, Brown and torture (II)

One rather odd aspect of reports that Republican Senate candidate Scott Brown had said he would support waterboarding of suspected terrorists was that none of the stories I looked at — from the Boston Globe, the Worcester Telegram & Gazette and the Associated Press — quoted Brown directly.

Michael Pahre noted that shortcoming in the comments. And though the AP did quote Brown in a story earlier today on a Senate debate sponsored by WTKK Radio (96.9 FM), I still wanted to hear from the Brown campaign myself.

This afternoon I talked with Brown campaign spokesman Felix Browne, who told me that Brown did not consider waterboarding to be torture. “He believes waterboarding is an enhanced-interrogation technique,” Browne said. “It’s hard, but it’s not torture. He does not believe that it’s torture.”

Browne also said he was pretty sure Brown had not discussed his position with U.S. Sen. John McCain, a staunch opponent of waterboarding who endorsed Brown earlier this week. “Obviously Sen. McCain and Sen. Brown are two different individuals,” Browne said.

And there I thought the matter would rest — except that, when I sought to clarify whether Sen. Brown would support waterboarding terrorism suspects, spokesman Browne realized he wasn’t entirely sure. So I put off writing this until he’d had a chance to check. Early this evening he e-mailed me this:

Waterboarding has been banned by executive order of the President. It would be up to the President to reauthorize its use. Scott Brown would support the President in whatever he decides.

Democratic Senate candidate Martha Coakley, for her part, used the WTKK debate to clarify her own opposition to waterboarding, as I noted in an update to my earlier item.

All that’s remaining is to hear from McCain — who, as I pointed out earlier, doesn’t just oppose waterboarding, but has gone out of his way to label it as torture, and to emphasize that U.S. forces actually executed Japanese officials at the end of World War II for waterboarding American prisoners.

This is no mere difference of opinion. McCain must choose between his endorsement of Brown and his moral revulsion over a practice regarded almost universally as torture. Will someone please put the question to him?

Globe loses a political editor

The Boston Globe’s deputy national political editor, Foon Rhee, is leaving the paper this Friday to take a job at the Sacramento Bee, according to a copy of an internal e-mail obtained by Media Nation. The e-mail, from Washington bureau chief Chris Rowland, is as follows:

Foon Rhee, the Globe’s deputy national political editor, will be departing after more than five years at the newspaper to take a job as associate editor at the Sacramento Bee, serving on the editorial board and writing editorials, columns, and analysis pieces. There is no positive way to spin this, so I won’t try: it is wretched news for the Washington Bureau, and he will be deeply missed. Foon is a talented and invaluable editor, lending a strong hand on assignment and story editing of our Washington report, and offering excellent news judgment accumulated over a career that has emphasized political coverage. He also is an Internet news blogger extraordinaire, almost single-handedly writing the Political Intelligence blog on a minute-by-minute basis, all day long. He is blazingly fast, and he routinely gets news out to readers of boston.com much more quickly than the wires or cable television. Foon has occupied his current post since August 2007, joining the national political desk in time to work on the dramatic 2008 presidential election. Prior to that, he served three years as the Globe’s city editor, overseeing coverage of vital metro stories like the Big Dig ceiling collapse and the Haleigh Poutre case. Former metro editor Carolyn Ryan brought him to that job in 2004 from the Raleigh News and Observer, where Foon was local news editor and then political editor. He previously held reporting jobs at the Charlotte Observer. Foon graduated from Duke University and he is a big Blue Devils fan, to the serious dismay of various Tar Heels in the newsroom. As he journeys now to the land of sunshine and movie-star governors, Foon will also be moving closer to family members, who live in Oakland. His last day at the Globe will be this Friday, Jan. 8. Please join me in wishing Foon the best of luck and congratulations before he leaves Morrissey Boulevard and hops on the Pike, westbound.

— Chris

McCain, Brown and torture

I hope the local political press is burning up the lines to U.S. Sen. John McCain’s office today. It would be interesting to know what McCain thinks of state Sen. Scott Brown’s support for waterboarding, a practice McCain rightly regards as torture.

“Waterboarding is an enhanced interrogating technique. We need to interrogate by all legal means,” Brown said yesterday. (Sadly, if you follow the link and scroll down, you’ll see that Brown’s Democratic opponent in the Massachusetts Senate race, Attorney General Martha Coakley, missed a chance to take the high road.) [See update, below.]

Brown’s remarks come on the heels of McCain’s endorsement of him in the Massachusetts Senate race — hardly a surprise, given that they are both Republicans. The question now is whether McCain will stick by his endorsement.

During the Republican presidential campaign, McCain unloaded on former New York mayor Rudy Giuliani when Giuliani said he wasn’t sure if waterboarding was torture. According to the New York Times, McCain said of waterboarding:

All I can say is that it was used in the Spanish Inquisition, it was used in Pol Pot’s genocide in Cambodia, and there are reports that it is being used against Buddhist monks today…. It is not a complicated procedure. It is torture.

On another occasion, McCain said, correctly:

Following World War II war crime trials were convened. The Japanese were tried and convicted and hung for war crimes committed against American POWs. Among those charges for which they were convicted was waterboarding.

As this well-footnoted Wikipedia article notes, waterboarding is also regarded as torture by a wide range of international and human-rights organizations. Indeed, it’s hard to imagine that anyone would have thought otherwise before Dick Cheney came along.

McCain, of course, was a prisoner of war during the Vietnam era and was himself tortured. The question now is whether he will torture logic and stand by his endorsement of Brown — or do the right thing and let Brown experience a drowning sensation caused by his own ill-chosen words.

Update: Coakley took care of whatever ambiguity she might have created by speaking out forcefully against waterboarding in a debate earlier today on WTKK Radio (96.9 FM). John Monahan reports in the Worcester Telegram & Gazette:

Ms. Coakley … said she backed Mr. McCain’s view that waterboarding is a form of torture.

“I don’t agree with John McCain on much, but I respect him. He was a war hero and he was tortured and he says he thinks it is. So this is one area where Scott Brown can pick and choose what he believes, but this is an area that he is really more like Bush-Cheney than he is like John F. Kennedy,” she said.

Media round-up: Losing our religion

A few local media tidbits for your perusal:

• The Boston Globe’s Michael Paulson, who may be the country’s best religion reporter working at a mainstream news organization, is taking a new position at the paper. According to the Boston Phoenix’s Adam Reilly, Paulson has been named city editor, reporting to new metro editor Jen Peter. I share Reilly’s hope that this doesn’t mean the Globe has reduced its commitment to serious coverage of religion.

• Local political junkies rejoice: Peter Lucas is back on the beat. A longtime reporter for the Phoenix and the Boston Herald, Lucas disappeared into the state bureaucracy for several decades. He has now re-emerged, and will write a twice-weekly column for the Lowell Sun, according to Jon Keller. I once had the privilege of hearing Lucas’ hilarious retelling of the “White Will Run” incident Keller describes that nearly brought a premature end to Lucas’ reporting career. I look forward to reading his Sun column.

• Sharp-eyed Universal Hubster Adam Gaffin flags a tidbit from Boston Radio Watch hinting that Greater Boston may be getting yet another talk station — WXKS (AM 1430), owned by Clear Channel. Given its weak signal, it presumably would not pose much of a threat to WRKO (AM 680), WTKK (96.9 FM) or WWZN (AM 1510) — the last a liberal station that itself is no great shakes when it comes to having a listenable signal.

    Boston Media Tweeters goes 1.0

    Boston Media Tweeters today exits beta and is ready for prime time.

    What is it? It’s a wiki that lists Greater Boston journalists, including independent bloggers engaged in some form of journalism. I’ve made it a permanent addition to the Media Nation navigation bar, and I hope it will grow into a useful directory.

    Feel free to add yourself or someone else. And enjoy.

    New Year’s snowstorm

    Horses at Endicott Park. For a Flickr slideshow, click on photo.

    Rather than sit in the house and curse the snow, I grabbed my camera and tramped around Danvers this afternoon — along the power lines not far from St. John’s Prep, through Endicott Park and at Glen Magna. Nothing special, but if you like snow pictures, here are snow pictures.