Author: Dan Kennedy

Adam Gaffin has been making digital connections in Boston since the early 1990s

Adam Gaffin

On this week’s “What Works” podcast, Ellen Clegg and I talk with Adam Gaffin, founder of Universal Hub and inventor of the French Toast Alert System. Universal Hub tracks news in the Boston area from the serious to the just plain weird by linking to hundreds of news outlets and local websites and by offering original reporting. His Twitter feed is a must-follow and, thankfully, he’s set up shop on Mastodon as well.

I wrote a profile of Adam for CommonWealth Magazine in 2008. Adam has been a local connector since the earliest days of digital self-publishing — well before blogging, putting together a directory of websites called New England Online in the early ’90s and then transforming that into Boston Online.

Ellen has a Quick Take on a young journalist who lost her job at West Virginia Public Broadcasting after she reported on alleged government abuses in the state’s foster care and psychiatric system. The journalist, Amelia Ferrell Knisely, alleges that there was political interference with the station, WVPB, which receives state funding.

I examine an important First Amendment case involving a citizen journalist in Texas. Roxanna Asgarian of The Texas Tribune broke the story. It’s a complicated tale, but the root of it is whether a citizen journalist should enjoy the same right to sue the government over a violation of her constitutional rights as a recognized news organization.

Many of the local news projects that we’re interested in here at What Works are just a few steps beyond citizen journalism, and we are firmly of the belief that the First Amendment protections enjoyed by large news outlets should be applied to small outlets and citizen journalists as well. It remains to be seen whether a federal appeals court in Texas will agree.

You can listen to our latest podcast here and subscribe through your favorite podcast app.

Update: Current, a publication that covers public broadcasting, has more details on the situation involving Amelia Ferrell Knisely — including some toxic emails.

Why it matters that The New York Times got it wrong on Section 230

The U.S. Supreme Court will rule on two cases involving Section 230. Photo (cc) 2006 by OZinOH.

Way back in 1996, when Section 230 was enacted into law, it was designed to protect all web publishers, most definitely including newspapers, from being sued over third-party content posted in their comment sections. It would be another eight years before Facebook was launched, and longer than that before algorithms would be used to boost certain types of content.

But that didn’t stop David McCabe of The New York Times — who, we are told, “has reported for five years on the policy debate over online speech” — from including this howler in a story about two cases regarding Section 230 that are being heard by the U.S. Supreme Court:

While newspapers and magazines can be sued over what they publish, Section 230 shields online platforms from lawsuits over most content posted by their users.

No. I have to assume that McCabe and maybe even his editors know better, and that this was their inept way of summarizing the issue for a general readership. But it perpetuates the harmful and wrong notion that this is only about Facebook, Twitter and other social media platforms. It’s not. Newspapers and magazines are liable for everything they publish except third-party online comments, which means that they are treated exactly the same as the giant platforms.

Though it is true that an early case testing Section 230 involved comments posted at AOL rather than on a news website, the principle that online publishers can’t be held liable for what third parties post on their platforms is as valuable to, oh, let’s say The New York Times as it is to Facebook.

That’s not to say 230 can’t be reformed and restricted; and, as I wrote recently, it probably should be. But it’s important that the public understand exactly what’s at stake.

A Hearst daily in Connecticut will soon go weekly

The Register Citizen of Torrington, Connecticut, is moving from daily to weekly print publication starting March 12. The paper is part of the Hearst CT chain, which has gone all-in on digital — so I wouldn’t criticize this move unless it results in less coverage.

Dean Pagani broke the news Wednesday at The Laurel. Hearst published an announcement today.

Muzzle follow-up: An Appeals Court panel doles out more pain for the city of Worcester

Worcester City Hall and Common. Photo (cc) 2015 by Destination Worcester.

For years, the city of Worcester withheld public records about police misconduct that had been sought by the local daily newspaper, the Telegram & Gazette. It’s already cost the hapless taxpayers big-time: Nearly a year ago, an outraged judge ruled against the city and awarded the T&G $101,000 to cover about half the cost of the newspaper’s legal fees. She also assessed the city $5,000 in punitive damages.

That outrageous misconduct, overseen by former city manager Edward Augustus, was the subject of a 2022 New England Muzzle Award, published by GBH News.

Now a three-judge panel of the state Appeals Court is asking a logical question: If the T&G was in the right and the city was in the wrong, why shouldn’t the newspaper be compensated for all or most of its legal fees rather than just half? This week that panel overturned the lower-court ruling and ordered Superior Court Judge Janet Kenton-Walker to consider increasing the legal fees she awarded, according to a report by the T&G’s Brad Petrishen, who first began seeking the records in 2018.

Petrishen quoted Associate Justice John Englander as saying: “At 10,000 feet, what happened here is the newspaper wanted to write about something and it took them three years to get the documents they wanted to write about.”

The proceedings have been followed closely by Andrew Quemere, a journalist who writes a newsletter on public records called The Mass Dump. Quemere published a detailed account this week that includes some particularly entertaining quotes from an exchange Justice Englander had with the city’s lawyer, Wendy Quinn, at oral arguments in December:

“What did the plaintiffs request or push for that they were wrong about?” Englander asked.

Quinn paused for about six seconds before asking Englander to clarify his question.

“What the heck did you spend three years and hundreds of thousands of dollars fighting over if they should have gotten [the records]?” Englander asked. “If you had a defense, I’d like to understand what the defense was.”

As Quemere notes, Judge Kenton-Walker has consistently taken the position that the city not only erred and acted in bad faith, ordering that the city turn over the documents that the T&G had sought in June 2021 and then awarding $101,000 in legal fees in February 2022.

Even so, the newspaper appealed, seeking the full $217,000 it had paid — and, as the Appeals Court panel has now ruled, it may very well be entitled to that money. Jeffrey Pyle, a Boston-based First Amendment lawyer who represented the T&G, put it this way at the oral arguments: “To cut [the fees] by 54% sends a message to public records requesters: Don’t bother suing, you’re not going to be made whole even if you win and show that the other side acted in bad faith.”

To make matters worse for city officials, the Department of Justice last November announced that it had launched an investigation to determine whether the police department had used excessive force or engaged in discrimination on the basis of race or gender, although it is not clear whether DOJ was motivated by the T&G’s reporting.

I hope the T&G gets every last dime that it spent on this case. But I should add that the newspaper’s corporate chain owner, Gannett, deserves credit for pursuing this without any guarantee that it would ever be compensated. I criticize Gannett’s cost-cutting frequently in this space, but the company and its predecessor, GateHouse Media, have always been dedicated to fighting for open government, even if it means going to court. They could have told the T&G’s editors to forget about it, but they didn’t.

Finally, a disclosure: David Nordman, who was the T&G’s editor until this past summer, is now a colleague of mine at Northeastern. We work on opposite sides of the campus, literally and figuratively: he’s the executive editor of Northeastern Global News, part of the university’s communications operation, and I’m a faculty member at the School of Journalism.

The New York Times engages in some fanciful pretending about the debt limit

Why won’t Washington do something? Illustration (cc) 2010 via 2di7 & titanio44.

Oh, my goodness, what has The New York Times done now? You know, I could write pieces like this all the time, but it would quickly get boring — for me and for you. Sometimes, though, the Times gives us such a perfect example of willful ignorance (Jay Rosen calls it “the production of innocence”) that it has to be called out.

The headline on the story leading the Times’ homepage right now is “As Debt Limit Threat Looms, Wall Street and Washington Have Only Rough Plans.” I’m posting an image of it just in case an editor lurches into consciousness and changes it, which has been known to happen.

The lead is just as bad:

With days to go before the United States bumps up against a technical limit on how much debt it can issue, Wall Street analysts and political prognosticators are warning that a perennial source of partisan brinkmanship could finally tip into outright catastrophe in 2023.

The headline treats the debt limit as though it were an asteroid hurtling toward earth, without any human agency. The lead has a somewhat different emphasis, pretending that the crisis is the subject of a legitimate debate between Republicans and Democrats. In fact, as we all know, neither is the case. Rather, this is a phony crisis sparked by radical House Republicans (that is to say, all of them, or most of them, anyway) who refuse to cover the country’s debt for goods and services we’ve already paid for.

It is a deeply phony, cynical maneuver that comes up whenever there’s a Democratic president and at least one branch of Congress is under Republican control. The Republicans don’t do this when there’s a Republican president, even though Donald Trump, George W. Bush and their predecessors engaged in a lot more deficit spending than Democratic presidents. Nor do Democrats do this when there’s a Republican president because, whatever the Democrats’ flaws, they are fundamentally a party that governs in good faith.

The central point of the story, written by Jeanna Smialek and Joe Rennison, is that Wall Street and the Treasury Department could do more to defuse the debt bomb that’s about to be detonated. There’s nary a hint, though, that such a disaster would be inconceivable if we had two functioning political parties rather than one normal party — and one that’s run entirely off the rails.

The Globe’s Taunton printing plant will lay off about 30 employees, the BBJ reports

Presses at The Boston Globe’s Taunton printing plant. Photo (cc) 2018 by Dan Kennedy.

About 30 employees will be laid off at The Boston Globe’s printing plant in Taunton following news that the Globe has lost its contract to print the regional edition of The New York Times. The layoffs were reported early this morning by Don Seiffert of the Boston Business Journal.

The loss of the Times contract was revealed Saturday by Media Nation. But though I had heard there would be layoffs associated with the move, I was unable to pin down the exact number. Seiffert, citing a “source familiar with the ongoing negotiations over those layoffs,” reported there will be about 200 Globe employees left in Taunton.

The Times is now being printed by the Dow Jones plant in Chicopee; Dow Jones is the parent company of The Wall Street Journal.

Seiffert’s story also contains an interesting wrinkle that could, in theory, hasten the demise of the five-year-old, $72 million Taunton plant: a workforce of 200 is only a third of what the Globe promised when it obtained a tax break from that city in order to bring much-needed jobs into that area.

At one point the Taunton facility printed not just the Globe but also the Times, USA Today and the Boston Herald. Seiffert’s source told him that the printing plant has “‘totally abandoned any revenue streams related to other commercial print or direct-mail work’ and is now printing only the Boston Globe.”

The Globe’s paid digital circulation of about 230,000 now outpaces print by a considerable margin. According to the most recent figures from the Alliance for Audited Media, the Globe’s average weekday print circulation is now about 64,000, and about 112,000 on Sundays.

If Taunton is no longer getting any outside work, it raises the prospect that the Globe’s owners, John and Linda Henry, may close the plant at some point and job out the Globe’s print run — perhaps to a combination of Chicopee, CNHI’s Eagle-Tribune plant in North Andover (which has handled some of the Globe’s production work in the past) and/or Gannett’s Providence Journal.

Correction: An earlier version of this post said that The Eagle-Tribune had an arrangement to handle part of the Globe’s print run in the past. That was incorrect.

An update on our book about the future of local news

One of the more arcane aspects of writing a book is that you go through repeated rounds of editing, and each time you finish, you can let everyone know and take another bow, ha ha. Anyway, Ellen Clegg and I turned in the manuscript to our book about local news at the end of August, and then submitted our response to the first round of edits at the end of December.

Just now we submitted our response to what they call a “line edit” — a lighter edit aimed at clarifying what had been murky on previous rounds. So, yay us! After that comes the copy-edit and then the page proofs.

The book will be called “What Works in Community News: Media Startups, News Deserts, and the Future of the Fourth Estate.” It is scheduled to be published by Beacon Press in early 2024. You can find out more information — and our podcast! — at our website, What Works.

The Globe loses its contract to print The New York Times

Sign outside the Globe’s printing plant in Taunton. Photo (cc) 2018 by Dan Kennedy.

The Boston Globe has lost its contract to print the regional edition of The New York Times at its Taunton facility. The Times will instead now be printed at the Dow Jones plant in Chicopee. Dow Jones is the parent company of The Wall Street Journal.

When the Globe’s Taunton printing plant opened in 2017, the hope was that it could turn a profit for the paper by taking on outside clients. The facility got off to a rough start, though, with publisher-owner John Henry writing a front-page note to subscribers admitting that the presses “are operating too slowly and breaking too often.” He added: “We are embarrassed. We are sincerely sorry to all those affected.” In my 2018 book, “The Return of the Moguls,” I described the launch of the Taunton plant as a “disaster.”

At one point, the Globe printed the Times, the Boston Herald and USA Today. The Herald decamped for The Providence Journal some time ago. When I asked Globe spokeswoman Heidi Flood whether the Taunton facility currently has any outside work, she answered only that “we are always exploring ways to bring more work into the plant.” She did say that Taunton now handles the entire Globe print run. At one time the Globe was jobbing some of its run out to The Eagle-Tribune in North Andover; I’m not sure when that stopped.

I’ve heard that the Taunton plant has laid some employees off as well, but Flood did not address that when I asked her about it by email. The full text of her statement follows.

I can confirm that the Times decided not to renew their printing contract with the Globe. We worked very hard over many months to keep their business in a way that also worked for ours, but were not able to arrive at a financially sustainable agreement. While the pending NYT departure is disappointing, from a business perspective it’s the right decision and positions us more favorably for the future.

The Times’s decision to print elsewhere will not affect our Globe print operations. Taunton currently handles the entire Globe print run and we are always exploring ways to bring more work into the plant. First and foremost, the Globe remains committed to meeting the needs of our valuable print subscribers.

The Globe will launch a grant-supported project covering ‘the racial wealth gap’

I don’t believe this has been reported anywhere, though it has been posted on a few job sites. The Boston Globe is hiring an editor-in-chief for a grant-supported project called Closing the Gap, which will “explore the racial wealth gap in Boston and beyond.” That person, in turn, will hire a deputy editor and several reporters. The listing also specifies that that the Globe “will maintain complete editorial control over story selection, reporting, and editing.”