Will the Globe revoke its endorsement of Jake Auchincloss?

Jake Auchincloss

The Boston Globe editorial board appears to be getting ready for the possibility that it might revoke its July 31 endorsement of Democratic congressional candidate Jake Auchincloss. The extremely loud hint came in the form of an announcement that editorial page editor Bina Venkataraman would sit down with Auchincloss for a Zoom one-on-one this coming Monday:

Many Globe readers have expressed concerns about the candidate’s past statements and campaign finances, some of which emerged after the editorial board’s deliberations. Readers and voters deserve to know more and hear directly from the candidate. In this conversation, Globe editorial page editor Bina Venkataraman will ask Auchincloss about his record on racial justice, free speech, and beyond.

It’s not as if concerns about Auchincloss’ track record weren’t out there. On Tuesday evening, Greg Reibman, president of the Newton-Needham Regional Chamber of Commerce, tweeted out a June 27 commentary in the Newton Tab by Bennett Walkes that begins with this rather devastating statement:

While growing up Black in Newton, I’ve dealt with all sorts of racial profiling and slurs. However, no individual has made me feel more unwelcomed, unvalued and unsafe in my hometown than Jake Auchincloss — now a candidate for Congress.

Walkes cites Auchincloss’ support, on free-speech grounds, for the right to fly the Confederate flag — and comparing it to a Black Lives Matter or Pride banner.

Also on Tuesday evening, the Globe published a story by Stephanie Ebbert reporting on a variety of controversies involving Auchincloss, from his remarks about the Confederate flag to his “no” vote on a city council resolution calling for the impeachment of President Donald Trump — an inconvenient fact given Auchincloss’ outspoken opposition to Trump. The editorial board is independent of the newsroom, of course; but they read the paper, and this must have come as very bad news.

Auchincloss is one of a large field of Democrats seeking to succeed U.S. Rep. Joe Kennedy, who’s running against U.S. Sen. Ed Markey. Maybe the editorial board will conclude that Auchincloss is still the best choice. But it sounds like they threw in with Auchincloss on the basis of incomplete information.

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COVID Diary #10: These are the good old days

2002 photo by Chris Spielmann.

We wedged ourselves between the concrete Jersey barriers that were separating the parking lot from the outdoor dining area and approached a server. “Would you like a table inside or out?” she asked. “Out!” we replied with some alacrity.

Read the rest at WGBHNews.org. And talk about this post on Facebook.

Talking about ‘Moguls’ and the future of news

Yikes! COVID hair! (Since cut.) I enjoyed having a chance to talk recently with Eileen MacDougall of “Book Stew” about “The Return of the Moguls” and the future of news.

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Mile Brook, Topsfield

Along Perkins Row in Topsfield, in the middle of an 18-mile ride. This is Mile Brook, looking north.

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How Amazon’s ‘Audible Exclusives’ screw independent bookstores

I don’t listen to a huge number of audiobooks. But when I do, I buy them through Libro.fm, which lets you designate an independent bookstore to receive some of the proceeds. The bookstore I’ve chosen is An Unlikely Story Bookstore & Café in Plainville, founded by children’s book author Jeff Kinney and his wife, Julie Kinney. If you’ve never been, you’re in for a treat.

A few months ago, though, the audiobook I wanted to buy was an “Audible Exclusive,” meaning I couldn’t buy it through Libro. Audible, as you may know, is part of Amazon. So instead of helping to support a great independent bookstore, I put a few more dollars in Jeff Bezos’ bulging pockets.

Today An Unlikely Story sent me an email from Libro that goes into a bit more detail on the harm being caused by “Audible Exclusives.” Here’s an excerpt:

Libraries, bookstores, schools, and anyone who isn’t affiliated with Amazon cannot distribute audiobooks that are Audible Exclusives. This means Libro.fm can’t sell Audible Exclusive audiobooks, which means our 1,200 bookstore partners can’t sell them, either.

Audible Exclusives also work in direct opposition to the basic principles of libraries — free access to books, both digital and print. By limiting distribution, Amazon aids in making books, perspectives, and information inaccessible to certain communities and users.

This is predatory capitalism, which is, as we know, Amazon’s specialty. I will continue to buy audiobooks through Libro whenever possible. Meanwhile, think of this as yet another reason to keep pushing for antitrust action against Amazon and its fellow tech giants.

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How Trump’s efforts to ban critical books violate the Constitution

Illustration (cc) 2006 by Bill Kerr.

Previously published at WGBHNews.org.

For those keeping track of the various ways by which President Donald Trump is trampling on the Constitution, move this to the top of your list: his former lawyer Michael Cohen was sent back to prison earlier this month to prevent him from writing a tell-all book about Trump.

Cohen, serving a federal sentence related to various corrupt acts on behalf of the president, was allowed to go home when the COVID-19 pandemic hit. But he was locked up again after he refused to promise not to publish his Trump book, “Disloyal,” before the November election. Cohen was sprung for a second time by U.S. District Judge Alvin Hellerstein, who ruled last week that federal authorities had violated Cohen’s First Amendment rights.

“How can I take any other inference than that it’s retaliatory?” Hellerstein asked prosecutors, according to The Associated Press, adding: “Why would the Bureau of Prisons ask for something like this … unless there was a retaliatory purpose?”

The Justice Department’s short-lived effort to silence Cohen by imprisoning him was egregious even by the thuggish standards of the Trump era — but it was also just the third recent move by the president and his minions to prevent critics from publishing books about him. The others:

• Former national security adviser John Bolton’s book, “The Room Where It Happened,” was held up for months while undergoing review for the ostensible purpose of ensuring that Bolton did not reveal any classified information. That, at least, was a legitimate reason. But Bolton and his publisher, Simon & Schuster, ultimately chose to defy the White House after it became clear that the process was being drawn out for reasons of politics rather than protocol.

In allowing the book to proceed, federal judge Royce Lamberth wrote that Bolton may very well have been improperly revealing secrets — but that the First Amendment remedy for all but the most dangerous breaches of national security is to punish the perpetrator after publication, not to prevent publication ahead of time. According to NPR, Lamberth wrote that Bolton had “gambled with the national security of the United States,” but that “the government has failed to establish that an injunction will prevent irreparable harm.”

• Trump, through his brother Robert, sought to prevent the release of his niece Mary L. Trump’s devastating book about the president, “Too Much and Never Enough,” by claiming that she was violating a nondisclosure agreement she had signed many years earlier.

Although a lower-court judge granted Robert Trump a temporary restraining order, that order was overturned by Judge Hal Greenwald of the Supreme Court of New York. In a nice turn of phrase, The Washington Post reported, Greenwald wrote the Constitution “trumps contracts.”

Though the circumstances of Cohen’s, Bolton’s and Mary Trump’s books couldn’t be more different, there is a common thread: the First Amendment demands that publication not be prohibited, and that if the authors are to be subjected to any legal penalties, those penalties must come later.

The principle that prior restraint is the worst and most indefensible of assaults on free expression goes all the way back to the English poet John Milton, who in his 1644 tract “Areopagitica” argued against the requirement that printers obtain licenses on the grounds that everyone should be free to print what they wished without government interference.

In stirring language, Milton wrote that “though all the winds of doctrine were let loose to play upon the earth, so Truth be in the field, we do injuriously by licensing and prohibiting to misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?”

Milton also anticipated modern First Amendment law by arguing in favor of unimpeded publication first, punishment (if warranted) after — though his ideas about what constituted proper punishment were suffused with a distinct 17th-century sensibility, writing that “the fire and the executioner will be the timeliest and the most effectuall remedy.”

In the 20th century, the U.S. Supreme Court ruled in two landmark cases that, with very few exceptions, punishment should come only after publication.

In Near v. Minnesota (1931), the court ruled that prior restraint could be invoked only in cases involving a serious violation of national security, obscenity or incitement to violence. Thus was a Minneapolis-based scandal sheet allowed to resume publication even though every previous issue had contained outrageous libels.

In New York Times Co. v. United States (1971), the court upheld the Near precedent and ruled that publication of the Pentagon Papers could resume because the national-security implications were not serious enough to warrant censorship — although a majority suggested that they might be serious to justify post-publication prosecution, as my friend and occasional collaborator Harvey Silverglate has shown.

In Trumpworld, the revelations of Michael Cohen, John Bolton and Mary Trump are so horrifying that they justify being repressed even more than the Pentagon Papers, the government’s secret history of the Vietnam War. Yet as President Richard Nixon argued at the time, the Pentagon Papers really did undermine the war effort. Today’s revelations have resulted only in embarrassment to the president.

And it continues. Last week The New York Times reported that Immigration and Customs Enforcement was blocking the release of a Netflix documentary that depicts the agency’s abuse and mockery of immigrants. The filmmakers, Shaul Schwarz and Christina Clusiau, said they’d been told that objections to their work extended “all the way to the top.”

Unfortunately, Schwarz and Clusiau had signed an agreement granting approval rights to ICE. And though that agreement supposedly included “strong protections for their journalistic independence,” as the Times put it, it’s now being wielded as yet one more way to protect Trump from scrutiny and criticism.

There is a school of thought that Trump’s ranting about the media — calling them “Enemies of the People,” threatening to loosen libel protections and the like — is little more than bluster. His two Supreme Court justices, regardless of what else you might say about them, appear to be as dedicated to protecting the First Amendment as their colleagues. And Trump rarely follows through on his threats.

But there is a connection between his rhetoric and his actions: anyone who speaks against him must be silenced and punished — even jailed and put at risk of death, as with Michael Cohen.

With federal troops cracking down on mostly nonviolent protesters against the wishes of governors and mayors, the scent of authoritarianism is in the air. Will we pay attention? Or will we simply move on to the next outrage, as we have so many times in the past three and a half years?

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Album #14: Charlie Parker, ‘Bird/The Savoy Recordings (Master Takes)’

When I was in my teens and early 20s, there were a number of albums that I would have liked to buy but couldn’t afford — intriguing records I hadn’t heard and couldn’t justify spending the money on. What if I bought one and hated it? I was out $12 or $15, and that just wasn’t acceptable.

So record reviews were important. I discovered several albums on this list from reviews. One of them is an awkwardly titled Charlie Parker double-record anthology called “Bird/The Savoy Recordings (Master Takes),” which comprises every officially released piece that the great alto saxophonist recorded for Savoy, from 1944 to ’48.

Needless to say, it was not the sort of thing I could pick up on a whim. But I ran across a review by Robert Palmer in Rolling Stone, dated Sept. 9, 1976, that convinced me to give it a try. (Yes, I still have it, tucked inside the album sleeve.) Among other things, Palmer wrote:

Parker didn’t just “sing” the blues, he preached them with the fervor of an evangelist; only in the world of born-again church, healing services and holy dances are there adequate analogies for his particular kind of power.

Of the Savoy anthology, Palmer added: “Should we call it the one essential jazz album? The most important collection in American music in print? The most rewarding musical compendium in the world?” It was pretty hard to resist such praise. And the album lives up to the hype.

No one could play like Parker. His technique was unparalleled; the sheets of notes that he’d call forth from his horn sounded literally impossible to play, and by anyone else they would have been. His tone was flawless. And he played with depth and feeling.

There are some odd match-ups on the Savoy recordings, with a number of early songs featuring a neophyte Miles Davis on trumpet and Dizzy Gillespie on piano. Parker must have heard something in Miles that showed what he would become. Gillespie, already a star in his own right, probably just wanted to be there.

Many of the pieces sound similar and are played at a breakneck tempo; you just listen to Parker and try to hang on. For me, though, the standout is “Parker’s Mood,” a slowed-down blues into which Parker pours every last piece of his humanity. It is an astonishing accomplishment. If the Savoy recordings are the greatest American album, then “Parker’s Mood” may be the greatest American song — the mark of a genius who, tragically, would soon fall victim to addiction and an early death.

It’s a shame that so many great compilations are allowed to go out of print, only to be replaced by newer collections that lack the charms of their predecessors. “The Savoy Recordings” appears to be long gone, and I don’t have a record player. It looks like “The Complete Savoy & Dial Master Takes” is a reasonably good facsimile.

For me, Charlie Parker’s Savoy recordings represent not just the power of music but the power of the written word as well. Thank you, Robert Palmer.

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The Globe’s early endorsement of Markey isn’t quite as early as it seems

It’s generally understood that when newspaper editorial boards endorse candidates, they do so as late as possible in order to avoid the perception that their news coverage will be slanted in favor of the endorsee. So I was surprised to see The Boston Globe endorse U.S. Sen. Ed Markey over his Democratic primary challenger, U.S. Rep. Joe Kennedy, a full five weeks before the primary.

What gives? According to the Globe’s editorial-page editor, Bina Venkataraman, it’s later than it seems: mail-in voting will begin soon, so the Sept. 1 primary date is merely the last day that people can cast ballots. I’d honestly forgotten that, even though I’ve applied to vote by mail.

In fact, as David Bernstein recently pointed out at WGBH News, the two campaigns are engaged in furious get-out-the-vote efforts already. Huge numbers of Massachusetts voters are expected to take advantage of the mail-in option in order to avoid exposure to COVID-19 at the polls.

There’s still a dilemma, though. Because Markey and Kennedy will be campaigning right up until Sept. 1, the Globe’s news reporters will have to fend of complaints of bias for more than a month. The editorial pages at a quality paper like the Globe do not affect news coverage (for example), but try explaining that to the general public.

Should newspapers endorse candidates at all, or is that an outmoded custom? I’ve found that my students are dubious about the merits of news organizations’ telling people whom to vote for. But I think it can be a valuable exercise, especially in situations where an endorsement might really make a difference.

In this case, the Globe endorsement might matter. Markey and Kennedy hold similar progressive views, and readers will sit up and take notice that the Globe isn’t endorsing a Kennedy, as they might have been expected to do — although, as a longtime Globe reader, I can’t say I was all that surprised that they went with Markey.

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Union to protest outsourcing of jobs at Northampton’s Daily Hampshire Gazette

The Pioneer Valley NewsGuild, the union that represents press and distribution employees at the Daily Hampshire Gazette of Northampton, will rally Monday afternoon to honor the 29 employees who are being laid off as the Gazette closes down its presses and outsources its printing. The work will be handled by Gannett, which owns the Telegram & Gazette of Worcester and a printing plant in nearby Auburn. The move was announced in mid-June by Gazette publisher Michael Moses, who wrote:

While our decision to get out of the business of manufacturing newspapers was economically motivated, it also reflects our desire to focus on the Gazette’s core mission. Content, particularly local news content, is unequivocally that mission. This is, without question, the business model that best positions us for the future, allowing us to continue the award winning coverage our readers require.

The Gazette — owned by a small independent chain anchored by the Concord Monitor of New Hampshire — becomes the latest daily paper to job out its printing. With press runs much smaller than they used to be, it makes little sense these days for a paper to operate its own presses unless it can take on enough outside work to make it economically viable. Still, it’s a sad day for the employees who are losing their jobs.

The text of the union statement is below.

WHO: The Pioneer Valley NewsGuild and YOU, the community

WHAT: A socially distant rally honoring the workers who have helped make our paper for years on their last day before a massive layoff.

WHEN: Monday, July 27 at 5:15 p.m.

WHERE: On the sidewalk in front of the Daily Hampshire Gazette, located at 115 Conz St. in Northampton

WHY: We are standing in solidarity with those who have worked shoulder to shoulder during a global pandemic to bring this community vital news every single day. After all of that hard work and risk, Newspapers of New England is eliminating their departments, ending the 233 year history of printing the paper in Northampton in order to outsource that work to media giant Gannett. This means 29 people, including 24 union members, will be laid off. Bring signs to show appreciation for these essential workers — the people who actually make this paper. (Signs telling Newspapers of New England how shameful their behavior is are also welcome.) For more information, please contact The Pioneer Valley NewsGuild at mailto:pvnewsguild@gazettenet.com

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Want more local news? Contact your legislators to support a proposed study.

Photo via Pixabay.

As the Legislature heads into its final days, a proposal to study the decline of local news in Massachusetts has been revived. A bill filed by state Rep. Lori Ehrlich, D-Marblehead, would create a special commission “to research and propose policy solutions.”

The 23-member commission would include legislators, academics, journalists and news-industry experts. As currently drafted, I would be a member of the commission. I wrote about the idea last year for WGBH News.

For many years, Greater Boston’s local-news ecosystem, though far from optimal, was nevertheless in better shape than was the case in other parts of the country. Now, though, corporate chains such as Gannett and Alden Global Capital’s MediaNews Group are decimating the state’s community newspapers. Though challenges created by technology and, now, the COVID-19 pandemic would be difficult to overcome in any case, corporate greed is compounding the collapse of local newspapers.

If you’re so inclined, I hope you’ll consider contacting your state representative and senator to urge them to support the legislation, which takes the form of an amendment to the state budget. It’s called “Amendment #40, An Act establishing a commission to study journalism in underserved communities.”

Below is the text of Ehrlich’s letter to her colleagues, followed by the language of the legislation:

Dear Colleagues,

I respectfully request your consideration for cosponsorship of Amendment #40, An Act establishing a commission to study journalism in underserved communities. This amendment would create a commission of experts, industry members, academics, and elected officials to research and propose policy solutions related to the state of local journalism in Massachusetts and the future sustainability of the industry.

Journalism is critical to a healthy democracy, and local journalism is an important part of the fabric of our communitie. In the last decade and a half, two trends of out-of-state corporate consolidation and layoffs have led to the disappearance of 1 in 5 newspapers nationwide while countless others have become shells of themselves. A new report from UNC found that since 2004 there has been a net loss of 1,800 local newspapers.

Newsrooms across the country and right here in Massachusetts have been subject to layoffs, asset selloffs, hedge fund takeovers, and cuts in coverage, a trend that is plaguing news organizations across the country. In some parts of the country, “news deserts” are popping up where there is little to no reporting on local issues and stories. Additionally, the journalism industry has faced significant layoffs – according to the Pew Research Center, “Newsroom employment dropped nearly a quarter in less than 10 years, with greatest decline at newspapers.”

The impact of COVID-19 on the newspaper industry is already worse than the toll of the 2008 financial crisis, which saw newspapers experience a 19% decline in revenue.While larger newspapers like the New York Times and Washington Post have a large subscription base to curtail damage, local newspapers, many of which are owned by publicly traded companies saddled in debt even before COVID-19, are unlikely to survive.

This commission presents a vehicle for a public discussion allowing Massachusetts to lead a national conversation about journalism and how best to support it in a changing world. Establishing this commission and the report they will produce will be a critical step forward in revitalizing our state’s local news media and ensuring their sustainability as an essential part of our democracy.

If you would like to cosponsor, …

Sincerely,

Lori Ehrlich
State Representative
8th Essex District

The text of the bill follows:

Ms. Ehrlich of Marblehead moves to amend the bill by inserting after section 122 the following new section:

SECTION X. (a) Resolved, that a special legislative commission, pursuant to section 2A of chapter 4 of the General Laws is hereby established to: (i) conduct a comprehensive, non-binding study relative to communities underserved by local journalism in Massachusetts; (ii) review all aspects of local journalism including, but not limited to, the adequacy of press coverage of cities and towns, ratio of residents to media outlets, the history of local news in Massachusetts, print and digital business models for media outlets, the impact of social media on local news, strategies to improve local news access, public policy solutions to improve the sustainability of local press business models and private and nonprofit solutions, and identifying career pathways and existing or potential professional development opportunities for aspiring journalists in Massachusetts.

(b) The commission shall consist of the following 23  members: 2 of whom shall be the house and senate chairs of the joint committee on community development and small business; 1 member of the house of representatives appointed by the speaker of the house; 1 member of the senate appointed by the president of the senate; 1 of whom shall be a professor at the Northeastern School of Journalism; 1 of whom shall be a member of the Boston Association of Black Journalists; 1 of whom shall be a member of the National Association of Hispanic Journalists; 1 of whom shall be a member of the Asian American Journalists Association of New England; 2 of whom shall be representatives of public colleges or universities of the commonwealth with either a journalism or communications program jointly appointed by the house and senate chairs of the joint committee on community development and small business; 1 of whom shall be a representative of a private college or university of the commonwealth with either a journalism or communications program jointly appointed by the house and senate chairs of the joint committee on community development and small business; 3 of whom shall be representatives of journalism unions or associations appointed by the governor provided further that the appointees are selected from the following unions and associations: the NewsGuild – Communication Workers of America, the Screen Actors Guild-American Federation of Television and Radio Artists, the National Association of Broadcast Employees and Technicians – Communications Workers of America, the Association of Independents in Radio, the Boston Chapter of the National Writers Union, the New England Newspaper and Press Association, or the New England Chapter of the Society of Professional Journalists; 8 of whom shall be currently employed or freelance journalists, editors, or producers from independent community news outlets from across the commonwealth jointly appointed by the house and senate chairs of the joint committee on community development and small business provided further that the appointees represent communities underserved by professional news organizations, rural communities, immigrants communities, working-class communities, and communities of color; and 1 of whom shall be a representative from the Massachusetts Newspaper Publishers Association. All appointments shall be made no later than 30 days following the effective date of this resolve.

(c) The commission shall hold public information sessions in order to explain the work of the commission and to solicit public comment pursuant to the work of the commission. The commission shall hold at least one public information session in each county of the commonwealth and shall provide at least one weeks notice from the date in which the public information session is occurring. The notice shall include, but not be limited to: (i) the date of the public information session; (ii) the time in which the public information session will take place; (iii) the location in which the public information session is occurring; (iv) a description of the format in which the commission will be accepting public comment; and (v) a point of contact. The public notice shall be sent by the commission to the clerks of each municipality of the county in which the public information session will occur and the commonwealth’s director of boards and commissions. In the case of a cancellation or postponement of a public information session, the commission shall provide at least 48 hours notice to the clerks of each municipality of the county in which the public information session will occur and the commonwealth’s director of boards and commissions.

(d) The commission shall accept written and oral comment from the public beginning at the first meeting of the commission.

(e) The commission shall meet a minimum of 5 times to review, study and analyze existing literature, quantitative and qualitative data on the status of journalism in the commonwealth , and submitted oral and written public comment.

(f) The commission shall submit its findings, along with recommendations for legislation, to the governor, the speaker of the house, the president of the senate, and the clerks of the house of representatives and the senate no later than 1 year after the effective date of this resolve.

(g) The special commission may make such interim reports as it considers appropriate.

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