Sports Illustrated, once among the finest magazines in the country and a model of great narrative journalism, is laying off its entire staff, according to Front Office Sports. SI was recently called out for running sponsored content with fake author profiles generated by artificial intelligence. I doubt this is the end of the road, though. The brand is heavily tarnished at this point, but I can’t imagine that someone won’t want to give it a shot.
Month: January 2024
A Mass. judge weighs whether to compel a journalist to turn over her interview notes
An important press freedom case is playing out in a Dedham courtroom, where a prosecutor has asked a judge to force a reporter for Boston magazine to turn over her interview notes.
The magazine reporter, Gretchen Voss, wrote a lengthy article last September about Karen Read, a Mansfield woman who’s been charged with second-degree murder in the 2022 death of her boyfriend, Boston Police Officer John O’Keefe. The case is massively complicated and has become emotionally fraught, as supporters of Read have accused authorities of staging an elaborate coverup. Essentially, though, Read has been charged with running over O’Keefe with her SUV while under the influence of alcohol and leaving him to die in a snowbank. Read and her supporters counter that O’Keefe was severely beaten inside the Canton home of a fellow officer and dragged outside, where he died.
Ironically, a hearing into whether Voss would be compelled to turn over the notes of her interviews with Read was held on the same day that Congress took a rare bipartisan step toward granting journalists the right to protect their sources. More about that below.
According to an account by Ivy Scott and Travis Andersen in The Boston Globe, Norfolk District Attorney Michael Morrissey has asked Superior Court Judge Beverly Cannone to demand that Voss cooperate with the prosecution by producing her notes of what Read told her off the record. Voss replied that she would be willing to testify about the article that Boston published, but that going beyond that would be a violation of her First Amendment right to protect her sources. The magazine’s attorney, First Amendment lawyer Robert Bertsche, said the prosecution was demanding that Voss help them compile evidence to help with their case, “which was outside the scope of the law,” as the Globe summarized Bertsche’s argument.
“You can be sure if Karen Read confessed in her interview with Gretchen Voss,” Bertsche added, “that would have made it into the article.”
The Globe also quoted Assistant District Attorney Adam Lally as saying that there is “no reporter privilege in the Commonwealth of Massachusetts.” That’s true, but it’s also complicated.
Massachusetts is one of 49 states that offer some protection to journalists to protect their sources, either through a shield law or rulings by their state’s courts. (Wyoming, by the way, is the sole exception.) There is no shield law in Massachusetts, nor has the state’s Supreme Judicial Court ever ruled that there is a reporter’s privilege. But according to an overview compiled by the Reporters Committee for Freedom of the Press (RCFP), the courts in Massachusetts have recognized that journalists may have a limited right to protect their sources. The overview begins:
Massachusetts does not have a shield law, and the Supreme Judicial Court of Massachusetts has not been willing to recognize a reporter’s privilege under either the Massachusetts or U.S. Constitution. Nevertheless, Massachusetts courts have been willing to use a common law balancing test based on general First Amendment principles to protect reporters’ confidential sources in some circumstances.
That balancing test is about as good as it gets in any state, since the reporter’s privilege is not absolute. Way back in 1972, the U.S. Supreme Court ruled in Branzburg v. Hayes that the First Amendment provides no such protection, although the convoluted ruling suggested that judges should balance concerns about press freedom with the need to compel testimony. What will happen in the Karen Read prosecution is that Judge Cannone will decide whether the information Voss has is so important to the case, and unobtainable from any other non-journalistic source, that she should be compelled to turn it over.
A complicating factor is that no journalist would cooperate with such a demand, leading to the possibility that Voss could be held in contempt of court. One of the more notable Massachusetts examples of that took place in 1985, when WCVB-TV (Channel 5) reporter Susan Wornick narrowly avoided a three-month jail sentence when the source she was protecting in a police corruption case came forward and agreed to cooperate with the prosecution.
As anyone who’s been following the Karen Read case knows, I’m only chipping away at a tiny piece of it. Also on Thursday, Read’s lawyers argued that correspondence between District Attorney Morrissey and the U.S. attorney’s office should be made public and that Morrissey should be disqualified. Federal authorities are investigating how the district attorney’s office has handled the case, although the nature of their investigation has not been made public.
Finally, blogger Aidan Kearney, who goes by Turtleboy, and who has taken Read’s side, is currently being held in custody on charges of witness intimidation and domestic assault and battery. Kearney and his supporters claim those charges were filed in retaliation for his crusade on Read’s behalf.
As I wrote up top, all of this is playing out against the background of a positive step taken by Congress. Despite the existence of some shield protections in 49 states, there is no shield law at the federal level. On Thursday, though, the House unanimously passed the PRESS Act, which the the RCFP describes as “a bipartisan federal reporter’s shield law that would protect journalists from being forced to name their sources in federal court and would stop the federal government from spying on journalists through their technology providers.” The sole exceptions, according to a summary of the bill, would be in “limited circumstances such as to prevent terrorism or imminent violence.”
Given that the Republican House was able to act for all its dysfunction, there would appear to be reason for optimism that the Senate will approve the measure as well.
Students and AI weigh in on updating the SPJ’s Code of Ethics
The Society of Professional Journalists’ Code of Ethics identifies four broad principles: Seek Truth and Report It; Minimize Harm; Act Independently; and Be Accountable. Each of them is fleshed out in some detail. You will note that the slippery concept of objectivity is not mentioned. These days most journalists believe, as I do, that truth-seeking, independence and fairness are the standards to which we should aspire, and that holding up objectivity as a goal only leads to endless debates over what that actually means.
On Wednesday evening, I asked students in my graduate ethics seminar to come up with a fifth principle. There are only eight students in the class, so I had them work in teams of two. I also asked the gremlins of artificial intelligence to weigh in. But first, here’s what my students came up with; I’ve edited them very lightly.
Listen to Others
- Be open to feedback
- Promote cooperative relationships between journalists and the public
- Be receptive to events in the world
- Be open to a community that is not your own
Admit Limitations, Accept Your Own Bias
- Don’t hide your own humanity
- Accept that you can’t be objective
- Accept you may not be able to follow all ethics codes all the time
- Welcome criticism
Respect Relationships with Sources
- Don’t get so close with sources that personal feelings might get in the way of reporting
- Protect them if they will be harmed for their sharing of the truth
- Provide full disclosure to the sources of what the article is about and where it is being published
Create Spaces for Untold Stories
One of the main priorities of a journalist should be to be prepared to fight for those who struggle. Journalists should:
- Be righteous
- Be brave
- Create a sense of justice
- Not be afraid to correct mistakes within their stories
- Report on marginalized communities and use their personal resources to continue sharing information
I think these are terrific. The SPJ Code provides a pretty wide umbrella, so it’s not easy to come up with a fifth principle that isn’t already covered. But these proposals represent some fresh thinking. The “full disclosure” idea is important because when we’re interviewing people who aren’t accustomed to dealing with reporters, they may not understand the full implications of having their name, their quotes and in some cases their photos put before the public. And I love “Be brave.” That’s obviously true for, say, war correspondents. But journalists also have to deal with a rising wave of harassment and threats, both online and in real life. If they find that they’re unable to stand up to that, then they are not going to be able to serve their community. (They also shouldn’t be expected to put up with harassment, and newsrooms need to develop anti-harassment training and policies.)
Now … what about AI? While my students were working, I took the lazy way out and asked a couple of AI programs to come up with a fifth principle. Here’s the question I asked: “The Society of Professional Journalists’ Code of Ethics has four principles: Seek Truth and Report It; Minimize Harm; Act Independently; Be Accountable. What would be a worthwhile fifth principle?” Once I finished playing, I deleted the answers and then asked them again so my students could watch everything unfold in real time. And here’s the answer from ChatGPT:
The addition of a fifth principle to the Society of Professional Journalists’ Code of Ethics could focus on promoting transparency. Here’s a suggestion:
“Foster Transparency: Journalists should strive to maintain transparency in their reporting processes, disclosing sources, conflicts of interest, and methodologies to enhance the credibility and trustworthiness of their work. By being transparent, journalists contribute to a more informed public and uphold the integrity of journalism.”
Not bad. Now, this is ChatGPT 3.5. You have to pay for the latest version, 4.0, and I’m obviously not going to do that. But I also asked the same question of Google Bard. As I understand it, the version that’s available to the public represents Google’s best tech. So here’s the answer:
There have been many suggestions for a fifth principle to the SPJ Code of Ethics, each reflecting evolving priorities and challenges in the journalism landscape. Here are some intriguing options to consider:
1. Foster Inclusivity and Diversity: This principle could emphasize the importance of representing marginalized voices, amplifying underrepresented perspectives, and ensuring newsrooms and reporting reflect the rich tapestry of society. It could challenge journalists to actively seek out diverse sources, challenge their own biases, and avoid harmful stereotypes.
2. Uphold Digital Responsibility: This principle would address the unique ethical challenges of the digital age, such as misinformation, disinformation, and privacy concerns. It could encourage journalists to verify information meticulously, source responsibly, and be transparent about online tools and methods.
3. Champion Civic Engagement: This principle could encourage journalists to go beyond informing the public and actively engage citizens in civic discourse. It could promote collaborative reporting, fact-checking initiatives, and platforms for audience participation, empowering the public to be informed participants in democracy.
4. Protect the Vulnerable: This principle could emphasize the need to protect vulnerable individuals and communities from exploitation or harm through reporting. It could call for sensitivity in covering sensitive topics, ensuring informed consent, and avoiding sensationalism that could endanger individuals.
5. Champion Transparency and Openness: This principle could focus on promoting transparency within the media itself, advocating for open access to information, and holding powerful institutions accountable. It could encourage self-reflection within journalism, critical examination of industry practices, and fostering a culture of ethical news consumption.
Ultimately, the “best” fifth principle is subjective and depends on the priorities and concerns of the journalism community at any given time. Each suggestion above addresses a critical aspect of ethical journalism in the 21st century, and ultimately, the decision lies with the SPJ and its members to determine which principle would best serve the mission of responsible and ethical journalism.
I hope this provides a helpful starting point for your exploration of this important topic!
This is pretty good. My students were meh about the ChatGPT answer but were impressed with Bard. If you’ve played with either of these programs, you know that the answer comes up almost instantaneously, which in itself is an impressive feat. I also think that though “Uphold Digital Responsibility” is fine as far as it goes, it should state explicitly whether or not AI is being used to help with reporting and writing.
Marty Baron says news outlets should consider suing their tormenters for libel
Retired Washington Post executive editor Marty Baron writes about an unusual idea in his recent book, “Collision of Power.” Baron thinks that the time has come for news organizations to turn the tables on their tormenters and sue them for libel. Think of it like Dominion Voting System’s lawsuit against Fox News, which brought a $787.5 million settlement, except that the plaintiff would be a media outlet rather than a voting-machine company.
In his book, Baron observes that Donald Trump and Ron DeSantis have both suggested that the law should be changed to make it easier for public officials and public figures to bring (and win) libel suits. He writes:
Legacy media have always vigorously defended against libel suits. Rarely have they brought defamation lawsuits of their own. What good could come of pursuing the sort of litigation we deplored? However, those who smear us find comfort in the expectation that, while we might complain, we’re unlikely to sue. We have rendered ourselves sitting ducks for slander.
I don’t want mainstream journalists to behave like warriors in the practice of their craft, but neither do I want us to suffer attacks on our character without fighting back. Winning in the court of public opinion may require, at times, going to court. If DeSantis, and copycat governors, make it easier for defamation plaintiffs to prevail, perhaps we should make some of those victories our own.
The reason I’m bringing this up now is that Baron expanded on the idea in a recent appearance on “Double Take,” a podcast produced by Newton Investment Management. Baron was interviewed by two Newton analysts, Rafe Lewis (formerly of The Boston Globe) and Jack Encarnacao (formerly of the Boston Herald). It’s a sharp interview, and well worth a listen.
As befits a podcast hosted by a financial firm, much of the conversation covered the revival of The Washington Post as a business under the ownership of Jeff Bezos. Unfortunately, the Post has gone backwards since Baron departed, and neither Lewis nor Encarnacao asked him about it. No doubt if they had, Baron would have simply said he’s not there anymore. But the Post lost a reported $100 million in 2023 and is shedding staff with the same alacrity that it was adding bodies a few years ago.
A new publisher, William Lewis, began work this month. In “Collision of Power,” Baron offers a mixed assessment of Lewis’ predecessor, Fred Ryan. Perhaps Lewis, a former publisher of The Wall Street Journal and CEO of Dow Jones, will come up with a strategy for Post to thrive in the post-Trump era — that is, if we’ve even entered the post-Trump era.
Why we should be wary of The Baltimore Sun’s return to local ownership
The Baltimore Sun’s convoluted ownership journey took an unexpected turn on Monday. The notorious hedge fund Alden Global Capital, which acquired the paper as part of its purchase of Tribune Publishing in 2021, sold the Sun to David Smith, who’s executive chairman of the television network Sinclair. The price has not been disclosed.
Smith is a Baltimore guy, and he’s buying the Sun as an individual — that is, the Sun will not be part of Sinclair. In that respect, the deal is similar to Jeff Bezos’ purchase of The Washington Post in 2013. The Post is not part of Amazon, although the mega-retailer was enlisted to sell discount descriptions to the Post, especially during the early years of Bezos’ ownership.
We are in the early hours of the Sun deal, so we don’t know how this is going to play out. It’s striking how much fear and criticism I’ve seen given Alden’s reputation as the worst newspaper owner on the planet, infamous for slashing newsrooms, selling off real estate and making journalists work out of their homes. Normally a transfer to independent ownership would be celebrated, and, in fact, Smith might provide an infusion of cash and energy. Then again, he might also bring his toxic brand of right-wing politics to the Sun.
The Sun is the flagship of a regional group that also includes the Capital Gazette in Annapolis, Maryland, the site of a horrific mass shooting some years ago.
This didn’t have to happen. Back when Tribune was for sale, Baltimore hotel magnate Stewart Bainum reached an agreement to buy the Sun from Alden once Alden had acquired Tribune. Bainum, though, came to believe that Alden was not adhering to that agreement, and he wound up bidding for all of Tribune’s nine major-market newspapers.
Although Bainum was offering more money than Alden ($680 million versus $635 million), word at the time was that Alden’s bid was more straightforward, and the vulture capitalists won the prize. Among other things, Patrick Soon-Shiong, the billionaire owner of the Los Angeles Times and then a member of Tribune’s board, declined to stop the sale to Alden, for which he was roundly criticized.
Bainum, meanwhile, used some of his wealth to found The Baltimore Banner, a nonprofit digital venture that immediately established a reputation for journalistic excellence. It will be fascinating to see whether Smith rebuilds the Sun into a worthy competitor to the Banner, or if instead he uses it to grind his political axe.
In ‘Hedged,’ Margot Susca explains how private equity destroyed newspapers
The media business analyst Alan Mutter once memorably asserted that newspapers’ “Original Sin” dates back to the mid 1990s, when they started giving away their journalism for free on the internet. Margot Susca, though, argues that the real fall from grace came roughly a decade later, when Fortress Investment Group paid $530 million to acquire Liberty Group Publishing, renaming it GateHouse Media. That transaction marked the beginning of the private equity era in journalism, an era defined by hollowed-out newsrooms and ghost newspapers that lack the resources to provide the communities they purportedly serve with the news and information they need.
Susca, an assistant professor of journalism at American University, tells the sad story of how private equity wiped out vast swaths of the newspaper business in “Hedged: How Private Investment Funds Helped Destroy American Newspapers and Undermine Democracy.”
The 016 turns 5
Congratulations to Mark Henderson, a Worcester media entrepreneur who’s celebrating the fifth anniversary of The 016, a news-oriented social-media platform for the city and surrounding communities. The platform draws on media outlets in Worcester and beyond, and — crucially — is non-algorithmic, which means that readers can customize their feeds and news organizations don’t have to spend money in order to move up in users’ feeds. It’s a free, advertiser-supported site.
Henderson, a former top editor at Worcester’s Telegram & Gazette, recently talked about what The 016 (a reference to Worcester’s Zip code) has accomplished in a video conversation with Worcester media figure John DiPietro. Over the past five years, Henderson said, The 016 has received 17 million email opens, 13 million click-throughs to other media, 6.7 million video views, and 4.5 million clicks on the site’s own original news articles.
It’s a fascinating idea, and if you’d like to know more about how it works, I wrote about The 016 for Nieman Lab in 2019.
On this Martin Luther King Jr. Day, a reminder of the long road that is still in front of us
My daughter, Becky, and I had intended to visit the National Civil Rights Museum in Memphis last August the day after a trip to Graceland. A massive thunderstorm knocked out power to many thousands of customers, though, and the museum was shut down. Still, you could walk around the outside of the Lorraine Motel where the Rev. Martin Luther King Jr. fell victim to an assassin’s bullet. It was and is a somber reminder of the racism and violence that shook our country 55 years ago, and that are with us still.
Today we mark Dr. King’s 95th birthday, and it’s hard to know what he would think if he were still with us. Ten years ago, Barack Obama was beginning his second term, and we smugly told ourselves that the worst was receding into history. Now it seems like we’re moving backwards, with Donald Trump, an authoritarian and a white nationalist, possibly on the verge of returning to power. King’s hope for a more just and equitable society remains just that — a hope. What can we do to turn that hope into reality?
‘Do you know who I am?’ The Washington Post on the turmoil at Houston Landing
It’s still not clear why the editor of the nonprofit Houston Landing and its top investigative reporter were fired this past week. But Will Sommer of The Washington Post (free link) has quite an anecdote about CEO Peter Bhatia’s reaction when he was challenged about his decision to start attending news meetings, which would violate the traditional wall between editorial and business operations: “Do you know who I am? Seriously, do you know who I am? I’ve been a journalist for 50 years, I have 10 Pulitzer Prizes, I’ve been editor of a half a dozen newspapers.”
Sommer and Sophie Culpepper, in her earlier (and more thorough) Nieman Lab report, write that Bhatia’s main complaint about editor Mizanur Rahman was his belief that he didn’t take advantage of digital tools as much as he should have. Reporter Alex Stuckey may have been collateral damage, fired pre-emptively because of her outspokenness and her loyalty to Rahman.
None of it makes any sense because the Landing, by all accounts, is off to a good start, publishing excellent journalism and in decent shape financially thanks to lavish philanthropic support.
One quibble about Sommer’s story. He writes:
The sudden turmoil at Houston Landing — a seven-month-old news site backed with a hefty $20 million in foundation funding — is raising questions about whether the scores of nonprofit outlets attempting to save journalism in communities across the country will end up mired in the same woes as their languishing corporate rivals, from muddled transitions to digital formats to executive decisions that often come without a clear rationale.
I don’t understand that framing. What’s unfolding at Houston Landing is a reflection of the human condition and how that plays out at organizations. There are good leaders and bad, inspired and mediocre, mensches and jerks. Do recent drastic cuts at The Washington Post, for instance, “raise questions” about what happens to a great newspaper when its billionaire owner starts to lose interest?
There is nothing about the current mess at Houston Landing that says anything about nonprofit news. It’s just one of those things, and it’s ugly.
An odd Suffolk/Globe/USAT poll on Israel and Hamas
I want to call your attention to what strikes me as a very odd poll that’s in today’s Boston Globe. A Suffolk University/Boston Globe/USA Today poll surveyed 1,000 New Hampshire voters and asked them about the war between Israel and Hamas. Support for Israel was high — 48.6%, with 15.8% supporting the Palestinians and 14.7% sympathizing equally with both sides.
But here’s the question that has me flummoxed: “When it comes to the conflict between Israel and Hamas, what do you think the US goal should be right now?” Take a look at the responses:
Respondents only got to pick one answer. Yet if a pollster had asked me this question, I would have answered “yes” to all four, with one caveat: I’d support a cease-fire only if it were accompanied by a demand that the hostages being held by Hamas be released simultaneously. Otherwise, provide military aid to Israel? Push for a cease-fire (and the release of the hostages)? Advocate for a two-state solution? Insist that Netanyahu step down? Yes, yes, yes and yes. I suppose the first two questions, calling for Israel to “eliminate Hamas” versus pushing for a cease-fire, are binary. But I’d have answered “yes” to both anyway because I support military aid to Israel and peace and justice.
I can’t imagine I’m alone in my thinking. Given that, I’m not sure that these polls results have any value. And I guess I’d have been with the 2.1% who refused to answer.