Month: March 2024

A federal judge’s civil contempt ruling threatens a free and independent press

Photo (cc) 2012 by Adam Katz

A federal judge reminded us all this week that journalists have no First Amendment right to protect their confidential sources. What is disturbing about the case at issue, though, is that it involves a civil case brought against the government rather than an alleged crime.

According to Alanna Durkin Richer and Eric Tucker of The Associated Press, investigative reporter Catherine Herridge must pay a fine of $800 a day, although that fine will not be imposed until she has an opportunity to appeal. The case involves a Chinese American scientist who was investigated by the FBI but not charged with any wrongdoing. That scientist, Yanping Chen, is suing the government and demanding to know who leaked damaging information about her to Herridge.

Herridge reported a series of articles about Chen for Fox News in 2017 and was recently laid off by CBS News.

Journalists in 49 states enjoy some level of protection in being required to give up their confidential sources. The two exceptions are Wyoming and the federal system. But even federal judges generally weigh the importance of the information sought against the chilling effect created by forcing reporters to break promises they made to their sources. A breach of national security resulting in criminal charges, for instance, would be considered a much higher priority than Chen’s civil lawsuit under the Privacy Act

Nevertheless, U.S. District Judge Christopher Cooper, according to the AP account, ruled that though he “recognizes the paramount importance of a free press in our society,” the legal system “also has its own role to play in upholding the law and safeguarding judicial authority.”

Earlier this year, the U.S. House passed a bill on a bipartisan basis that would create a strong federal shield law called the PRESS Act. The bill awaits an uncertain fate in the Senate, according to Gabe Rottman, writing for the Reporters Committee for Freedom of the Press.

In any case, it strikes me that demanding that a reporter give up her confidential sources so a plaintiff can advance her breach-of-privacy lawsuit against the government is an abuse of the idea that the press ought to be free and independent, even if it doesn’t specifically violate the First Amendment.

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Did Howie Carr turn on the former MassGOP leadership over unpaid bills?

Howie Carr and Grace Curley, a host on his radio network. Photo (cc) 2020 by Timothy Quill.

During the Massachusetts governor’s race in 2022, Boston Herald columnist Howie Carr strangely turned on his allies in the MAGA wing of the state party and began attacking them in his column and on his radio show. Howie being Howie? Well, maybe. Or maybe not.

Scott Van Voorhis, who writes the newsletter Contrarian Boston, reports that Carr’s motives may have been a lot simpler than that: the state GOP owed him money. With the Democratic candidate for governor, Maura Healey, coasting to victory, Van Voorhis writes that Carr began “savagely” attacking the then-head of the state party, Jim Lyons, and Healey’s Republican rival, Geoff Diehl.

It turns out that Lyons’ wrecking crew owed Carr more than $7,000 for ads on Carr’s radio program, which he owns. Lyons’ replacement as party chair, the slightly less MAGA-ish Amy Carnevale, is now paying back Carr at the rate of $500 a month. Van Voorhis is careful to note that it’s not clear if the dispute over those unpaid bills came about before or after Carr began attacking Lyons and Diehl.

And here’s a fun detail: Van Voorhis credits the MassGOP Majority newsletter for breaking the story. But when you click through, you learn that though that may be the URL, the actual name of the newsletter is Kool-Aid Kult Kronicles. Apparently that is some sort of joking reference to something Carr said. There’s more news, too, including WRKO Radio’s supposed decision to ban Diehl from its airwaves because of “the perennial candidate’s repeated, baseless claims that Howie Carr is being paid by the MassGOP to attack him and his slate of candidates for Republican State Committee.”

Now, let’s get serious for a moment. Van Voorhis describes Carr as “not exactly the kind of guy you want to piss off.” True enough. But how far can Carr veer from the ethics of journalism and still manage to write for the Herald? Journalists — even opinion journalists like Carr — are expected to maintain their independence. We don’t give money to candidates. We don’t take money from candidates. And we don’t criticize candidates and party officials who owe us money, whether there is a direct connection between those two facts or not.

Just grotesque stuff from someone who wrote a must-read column back in the 1980s and has long since devolved into a caricature of himself.

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