Here’s the arrest warrant in the NH illegal-advertising case

Here is the arrest warrant in the Debra Paul illegal-advertising case. It doesn’t change my understanding of the facts, but the details and the context are interesting.

Earlier:

A NH newspaper publisher is arrested and charged with running illegal political ads

In a bizarre case that raises important First Amendment issues, a New Hampshire newspaper owner has been arrested and charged with publishing political ads that the state attorney general’s office claims failed to comply with disclosure laws.

According to Nancy West of InDepthNH, the ads failed to include the words “Political Advertisement,” which is a violation of state law. The publisher, Debra Paul of the Londonderry Times, faces six misdemeanor counts. If she’s found guilty, she could be fined $2,000 or even sentenced to prison for a year. “I would like to think the attorney general’s office has more important matters to deal with than to send press releases out on misdemeanors such as this,” Paul said, according to West. “With multiple unsolved homicides over the past year, this seems a bit absurd.”

According to a statement issued by the office of Attorney General John Formella, the charges involve incidents dating back as far as 2019:

Ms. Paul, publisher of the Londonderry Times newspaper, was previously investigated and warned against such conduct on two prior occasions by the Attorney General’s Office Election Law Unit. Those instances ended with formal letters being issued to her in 2019 and 2021. A ‘final warning’ letter issued by the Election Law Unit in September of 2021 warned Ms. Paul that all political advertising must be properly labeled as such in her publication.

Paid advertising — even political advertising — is a form of commercial speech, and thus doesn’t carry with it the same protections as other forms of speech. Nevertheless, the case against Paul seems absurd. I flipped through the most recent PDF edition of the Londonderry Times and found a couple of political ads, including the one I’ve embedded here. It’s properly labeled; I’m sure at this point Paul would just as soon avoid a seventh count. But if it didn’t say “Political Advertisement,” would you think it’s anything other than a political ad? Of course not.

At the very least, New Hampshire law ought to recognize whether there was an intent to deceive. There is obviously no deceptive intent here. And Formella has placed himself in the running for a 2023 New England Muzzle Award. Paul is scheduled to be arraigned on Oct. 19. Not only should the judge immediately dismiss the charges against Paul, but they should also sanction the attorney general.

Andrea Campbell, in visit to West Medford, says she’ll push for open government

Andrea Campbell. Photo (cc) 2022 by Dan Kennedy.

Andrea Campbell said Tuesday that she would work to strengthen the state’s notoriously weak open-meeting and public-records laws if she is elected attorney general this November.

“I’m on the record in supporting legislation that would expand it to include other bodies of government,” she told about two dozen supporters at a meet-and-greet in West Medford. “In order for folks to be meaningful participants in their government, to be civically engaged where it matters, you have to know what’s going on.”

Campbell, a former Boston City Council president and an unsuccessful candidate for mayor in 2021, is one of three Democrats seeking to succeed the incumbent, Maura Healey, who’s running for governor. The other Democrats are Shannon Liss-Riordan, a labor attorney, and Quentin Palfrey, a former Obama administration official. The winner of the Sept. 6 primary will face Republican lawyer Jay McMahon in November.

Liss-Riordan and Palfrey also support reforming the open-meeting and public-records laws, according to their campaign websites.

Readers of Media Nation know that I’m not out there covering the state election campaigns. But the Campbell event was hosted by our neighbors Gary Klein and Betsy Schreuer, who live less than a minute’s walk from our house, so it seemed like a good opportunity to meet one of the candidates. Besides, we no longer have a news outlet in Medford.

Despite the state’s progressive reputation, Massachusetts ranks near the bottom nationally when it comes to government transparency. Back in 2020, Northeastern journalism students asked every candidate for the state Legislature whether they would support extending the open-records law to the Legislature, which is currently exempt — as is the governor’s office. Although most of those who responded said they favored reform, only 71 of the 257 candidates provided answers despite our students’ repeated attempts. Their findings were published in The Scope, a School of Journalism vertical that covers social-justice issues.

Although it’s not the attorney general’s role to propose legislation, that official can nevertheless serve as a visible leader for open government. The AG also has a crucial role in enforcing the laws, which cover the executive branch of state government as well as local and county offices. Campbell said Healey (who has endorsed her) has done “a decent job” of enforcing the current laws, but added she would emphasize greater enforcement. Campbell cited a lawsuit filed by the ACLU after the Plymouth County district attorney’s office demanded $1.2 million in fees to produce public records, as reported by Wheeler Cowperthwaite in The Patriot Ledger. “How does an AG, working with the secretary of state and others, work in partnership so that doesn’t happen?” she asked.

According to a recent poll by the MassINC Polling Group, the Democratic attorney general’s race is wide open. Campbell led with 24%, followed by Liss-Riordan at 16% and Palfrey at 4%. But 50% were undecided or refused to answer. Without naming her, Campbell and several others made several references Tuesday evening to the vast sums of personal money Liss-Riordan is dumping into her campaign — a total that could reach $12 million, according to Lisa Kashinsky of Politico.

Campbell was introduced by Klein, a lawyer and consultant who at one time worked for Attorney General Healey, and by former Attorney General Martha Coakley, who also lives in West Medford. Other Medford political figures on hand were state Rep. Paul Donato, school committee member Melanie McLaughlin and Neil Osborne, the city’s chief people officer.

Most of Campbell’s brief remarks were what you would expect at such an event — an upbeat speech along with calls to vote and make a campaign donation. She also got personal, telling those on hand about the death of her mother, who was killed in a car accident while on her way visit her father, who was incarcerated. Her twin brother died at the age of 29 while in pre-trial detention.

“And yet, every single day,” she said, “I make an intentional choice to turn that pain into purpose.”

The Mystic Valley Charter School is once again accused of discrimination

Note: I’ve blurred out the school staff member’s name

The Mystic Valley Regional Charter School is back in the news and, as usual, it’s for all the wrong reasons. This time it’s for sending a Muslim female student home because she was wearing a hijab in violation of the school’s uniform policy, according to Lara Salahi of NBC Boston. The school admitted to it and said all the family needed to do was seek an accommodation ahead of time. But why should they have to ask permission to practice their religion?

In a message sent out on Aug. 19, School Supt. Alexander Dan claims that the brouhaha was the result of “one of the child’s older siblings posting misleading information about this issue on social media.” Yet the “School Uniform Compliance Form” is as clear as can be — the student was punished for wearing a hijab without permission, an obvious violation of her First Amendment right to freedom of religion. “Hijab” is misspelled “jihab,” which, as one Facebook wag noticed, manages to combine “hijab” with “jihad.”

Mystic Valley is a public charter school that receives tax money.

Dan’s message is remarkably self-pitying, as he goes on to cite — and link to an audio recording of — a threatening message received by a school staff member. The message, Dan writes, “contains extremely offensive, obscene language,” and Malden Police were notified. Obviously that shouldn’t have happened, but this is about the school’s ongoing racist practices rather than the reaction to those practices.

In 2017, I gave Mystic Valley a GBH News New England Muzzle Award for banning hair extensions, an action that disproportionately affected young Black women. Black students with long braids and dreads were taken to the office and inspected to see if they were wearing extensions. Punishment was meted out, including detention and suspension from activities such as athletics and the prom. That fiasco led to an investigation by Attorney General Maura Healey and a settlement in which the school promised to behave itself in the future. Just recently, Gov. Charlie Baker signed into law the CROWN Act, which bans discrimination on the basis of hair style and which was motivated in part by Mystic Valley’s actions.

In 2020, The Boston Globe’s Hayley Kaufman reported on concerns among alumni that the school was hampered by a “culture that penalized students who spoke out about inequities, while seeming to shrug off reports of bias.”

And now this. The time has come for the state to mete out some serious penalties.

By the way … sorry for the reproductions. I doubt you’ll be able to read them on a phone, but you should be able to read them on a laptop or tablet.

Brian Stelter’s departure is just the latest blow against media commentary

Brian Stelter. Photo (cc) 2019 by Ståle Grut.

The cancellation of CNN’s “Reliable Sources” and the departure of its host, Brian Stelter, is a development that resonates beyond one outlet and one journalist, because it takes place within the context of an ongoing decline in media commentary.

The news that Stelter was departing came Thursday evening. David Folkenflik’s account at NPR raises the possibility that Stelter was the victim of conservatives now ascendant at CNN, although the most prominent of those conservatives, John Malone, a major investor in CNN’s new owner, Warner Bros. Discovery, told Benjamin Mullin of The New York Times that he had “nothing to do with” the move.

Chris Licht, who succeeded the scandal-plagued Jeff Zucker as the head of CNN, has said on several occasions that he wants to move away from opinionated talk shows and get back to CNN’s reporting roots. That’s fine, but we’re talking about Sunday morning, which isn’t exactly prime time. Stelter will host one final edition of “Reliable Sources” this coming Sunday, but I’d be surprised if he says much. In a statement to Folkenflik, he said, “It was a rare privilege to lead a weekly show focused on the press at a time when it has never been more consequential.”

Stelter came to CNN from the Times nearly a decade ago. During the Trump presidency, in particular, he used his perch at CNN to emerge as an important and outspoken advocate of an independent press. He’ll be missed, although I have little doubt that he’ll land on his feet. Maybe he’ll even return to the Times. Frankly, I never quite understood why he left in the first place.

As for what this move represents, well, it’s just the latest in a series of blows to media commentary. CNN isn’t just showing Stelter the door — it’s getting rid of a  program that had been in rotation for some 30 years, having been previously helmed by Howard Kurtz (now the host of “Media Buzz” on Fox News) and Bernard Kalb. The media are one of our most influential institutions, and journalism is under assault. This is not the time to dial back. Yet consider these other developments.

  • Washington Post media columnist Margaret Sullivan is leaving to take a job at Duke University. Sullivan has been one of the true giants in holding journalism accountable. Before coming to the Post, she was a fearless public editor (the ombudsman) at The New York Times — someone unafraid of standing up to powerful people in her own newsroom. The position was later eliminated, removing a vital tool for accountability. At the Post, she’s used her platform to call for courage and truth-telling amid the Trump-driven onslaught against journalism.
  • The public radio program “On the Media,” as I’ve written before, is less and less about the media and more about the whims of its host, Brooke Gladstone, and the people around her. Cohost Bob Garfield was fired last year and accused of bullying the staff — charges he mostly denied in a recent essay at Substack. But the move toward non-media topics was well under way even before Garfield’s departure. The latest, believe it or not: a three-part series on erectile dysfunction. OK, they’re showcasing another podcast while they take a few weeks off. I hope they get back to real media reporting and commentary once they resume.
  • One of the most prominent media critics on the left, Eric Boehlert, was killed earlier this year when he was struck by a train while riding his bike. Before launching his own platform on Substack, Boehlert had worked for Media Matters and Salon. His Twitter feed was a running commentary on the sins of omission and commission by the so-called liberal media.
  • As many of you know, “Beat the Press,” the media program I was part of since its inception, was canceled last summer by GBH-TV (Channel 2) after 23 years on the air. Nothing lasts forever, and I was honored to be associated with the show. But we took on important national and local topics every week, and my own biased view is that its demise was a loss. Host Emily Rooney relaunched the program as an independent podcast earlier this year; I hope you’ll check it out.

I don’t mean to suggest that there’s nothing left in terms of media coverage and commentary. The Post, which is losing Sullivan, is still home to Erik Wemple, who writes incisive media criticism for the opinion section, Paul Farhi, an outstanding journalist who covers media stories for the news section, and others. One of the greats of media criticism, Jack Shafer, continues to write for Politico. And there are plenty of independent voices out there, from New York University journalism professor Jay Rosen to liberal watchdog Dan Froomkin to, well, me. (An aside: We need people of color and more women, especially with Sullivan moving on.)

Still, there’s less than there used to be, and “Reliable Sources” was a well-regarded outlet for many years. Best wishes to Brian Stelter. And I’ll be casting a wary eye toward Licht. Zucker left him with a real mess to clean up, but this was the wrong move.

Speaking of independent media criticism, please consider supporting this free source of news and commentary for just $5 a month.

Life after Gannett: Nemasket Week debuts in Middleborough and Lakeville

Independent local news startups are breaking out everywhere, so forgive me if I pay a little extra attention to today’s debut of Nemasket Week, a free, advertiser-supported print newspaper and website. The paper covers my hometown of Middleborough as well as neighboring Lakeville, and is the first news outlet those communities have had since Gannett killed off the Middleboro Gazette last year.

The first issue of Nemasket Week comprises 12 pages and has several local ads. It also has news — the naming of a new fire chief on page one, a feature on a performance by the High Flying Dogs, the select board’s evaluation of the town administrator, the adoption of body cams by the police departments in both communities, and (gasp) the closure of the Peaceful Meadows ice cream stand. A number of community announcements and an obituary round things out.

And get this — they actually sent a reporter to Williamsport, Pennsylvania, to cover Middleborough’s appearance in the Little League World Series. The opening loss came too late to make it into the print edition, but there’s a detailed story online.

Sadly, the paper has embraced the “Middleboro” spelling instead of the correct and proper “Middleborough.” But that’s an ancient debate, and the Middleboro Gazette used the shorter name even back when it was an independently owned paper.

This is an impressive debut. Congratulations to publisher Anne Eisenmenger for adding to what was already an impressive regional presence comprising Wareham, Dartmouth and the Sippican communities of Rochester, Mattapoisett and Marion.

Will Gannett ghost the Cambridge Chronicle? It sure looks like that’s a possibility.

Map of Cambridge from the Leventhal Collection at the Boston Public Library

Fears that the Cambridge Chronicle would become a ghost newspaper were allayed last fall when Gannett transferred veteran journalist Will Dowd from the Marblehead Reporter to replace Amy Saltzman, who was stepping down as editor.

The Chronicle, founded in 1846 and regarded as the oldest weekly paper in the country, survived two Gannett purges this past spring: it was one of just three weeklies in Eastern Massachusetts that would still cover local news after journalists at all the other weeklies were reassigned to regional beats (the others spared were the Old Colony Memorial of Plymouth and the Provincetown Banner); and it was kept intact as a standalone paper when Gannett shut down 19 weeklies and merged nine others into four.

But now the Chronicle is on the brink. Dowd has returned to Marblehead, this time as editor of an independent nonprofit startup, the Marblehead News. And his departure comes just as Gannett has completed yet another round of layoffs, which raises questions about what the chain’s intentions are for filling any open positions.

It doesn’t look good. In scrolling down the Chronicle’s website this morning, I couldn’t find a single local story — everything was either regional or statewide. The paper’s Twitter account has been silent since July 6.

If Dowd isn’t replaced, that would represent a grotesque abdication of responsibility in a city of 118,000. The Chronicle ought to have a staff of several people; instead, it may be moving from one to zero. Cambridge has some good hyperlocal projects, including Cambridge Day and the Cambridge Civic Journal. What it lacks is a news organization with paid, full-time journalists. Will anyone step up?

Gannett lays off journalists, closes papers and keeps the numbers to itself

Frank Gannett (1876-1957) founded the newspaper chain that bears his name. Photo (cc) 2009 by History Rewound.

What more can be said about the latest round of Gannett layoffs? This one was telegraphed well in advance, and I wrote about what was coming three times (here, here and here) before the hammer finally came down on Friday.

We don’t know the extent of the damage; The Associated Press reported that the “company declined to provide details about the number of people losing their jobs.” The number 400 has been bandied about, but is that 400 journalists or 400 total employees? In any case, that number has not been verified. We do know that the cuts were broad and deep, from Worcester County, where, according to Grafton Common, the chain’s weekly papers were decimated, to its national flagship, USA Today.

Los Angeles Times reporter Jeong Park has provided one way of looking at what happened. Gannett owns about 250 newspapers and other properties, and, before Friday, it employed about 4,000 reporters, editors and photographers. Our three national papers together also employ about 4,000 journalists — The New York Times (1,700), The Washington Post (1,000) and The Wall Street Journal (1,300). And, unlike Gannett, they’re all growing.

https://twitter.com/JeongPark52/status/1558314155676823554

Gannett’s losses in the most recent quarter were so vast that it seems likely management will come back for another bite at the apple in a few months. After all, they’ve been on a rampage in Eastern Massachusetts, closing a number of weeklies in 2021 and 19 earlier this year (the company also merged nine papers into four). They’ve pretty much given up on local coverage, too.

Meanwhile, the company’s top executives pay themselves millions of dollars, and even the part-time board members are getting north of $200,000. And it’s been reported that CEO Michael Reed bought another 500,000 shares of Gannett stock last Tuesday, paying $1.22 million.

This feels like the end game, but it probably isn’t. There are always more papers to close, more people to lay off and more websites to strip of any real journalistic content. My heart goes out to the folks who lost their jobs on Friday. I hope they all land on their feet — and I also hope that many of them will look into the possibility of starting independent news projects in the communities they used to cover. The need and the opportunity are there.

Some books that may change the way you think about modern media

Photo (cc) 2020 by R. Miller

Ezra Klein has some great book recommendations for understanding how social media, cable news and technology are rewiring our brains. Marshall McLuhan is nearly impenetrable, but Nicholas Carr’s “The Shallows” (2010) and Neil Postman’s “Amusing Ourselves to Death” (1985) will open your eyes.

To Klein’s list I would add two more: “Communication as Culture” (2008), a collection of essays by the media theorist James W. Carey, and “Magic and Loss: The Internet as Art” (2016), by Virginia Heffernan, which I reviewed for GBH News back in the day.