Author: Dan Kennedy

Marty Baron says news outlets should consider suing their tormenters for libel

Photo (cc) 2017 by Álvaro García Fuentes

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.

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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.

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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.”

Read the rest at The Arts Fuse.

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The 016 turns 5

Worcester City Hall. Photo (cc) 2015 by Dan Kennedy.

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.

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On this Martin Luther King Jr. Day, a reminder of the long road that is still in front of us

Photo (cc) 2023 by Dan Kennedy

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?

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‘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.

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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.

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Substack faces a crisis after Casey Newton’s decision to leave over Nazi content

Substack, the newsletter and blogging platform that got so much attention a few years ago, is in a world of trouble. Casey Newton is taking his Platformer newsletter about social media and tech to a nonprofit, open-source self-publishing service called Ghost after he says his efforts to persuade Substack to pull pro-Nazi content failed to result in a meaningful change of policy. The controversy has been building since November, when Jonathan M. Katz wrote a piece for The Atlantic headlined “Substack Has a Nazi Problem.”

Of course, this is a crisis of Substack’s own making, and it could resolve it quickly if its executives choose to do so. But an obstinate refusal to deviate from what they see as their commitment to free speech has so far led them to do nothing — or at least not enough to keep a highly regarded publication like Platformer from leaving. In a December post that has been widely criticized and ridiculed on Substack Notes, co-founder Hamish McKenzie wrote in part:

I just want to make it clear that we don’t like Nazis either — we wish no-one held those views. But some people do hold those and other extreme views. Given that, we don’t think that censorship (including through demonetizing publications) makes the problem go away — in fact, it makes it worse.

We believe that supporting individual rights and civil liberties while subjecting ideas to open discourse is the best way to strip bad ideas of their power.

The problem, as I wrote for GBH News three years ago, is that Substack has two separate businesses. One is a solid contribution to the tech community: great software that makes it easy to self-publish and solicit payments from your audience. The other is to establish itself as a major force in the publishing world, paying celebrities like Newton (he says Substack provided him with health-insurance subsidies and legal assistance) and promoting their content. Now problems with the second business are threatening to overwhelm the first.

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The internet itself can be a pretty terrible place, filled with terrorists, pedophiles and, yes, Nazis. But the net is also neutral. Substack, like Facebook, Twitter/X, Threads and most other platforms, is anything but, promoting certain types of content for eyeballs, clicks and profit. Substack is not just hosting Nazis, it is arguably pushing their content in front of readers and making money from it. Newton wrote:

Substack’s aspirations now go far beyond web hosting. It touts the value of its network of publications as a primary reason to use its product, and has built several tools to promote that network. It encourages writers to recommend other Substack publications. It sends out a weekly digest of publications for readers to consider subscribing to.

Substack has made itself a congenial home for writers once associated with the left who’ve since moved right, such as Glenn Greenwald and Matt Taibbi. It will be interesting to see if they say something. Perhaps we’ll hear from Bari Weiss, a heterodox conservative who occasionally shows some backbone and who publishes a site called The Free Press on Substack.

The writer I’ll be watching most closely, though, is Heather Cox Richardson, a Boston College historian who is perhaps Substack’s biggest star. She has to be thinking about moving her “Letters from an American” to another platform, but I haven’t seen anything from her so far. If she would like to ghost Substack and move to Ghost, though, I’m sure Casey Newton would lend a hand.

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‘The Big Dig,’ from GBH News, is a triumph of long-form audio journalism

The yellow is the path of what would become the Tip O’Neill Tunnel through the city. The red and blue are the Ted Williams Tunnel to Logan Airport. Photo (cc) from the 1990s by the Massachusetts Department of Environmental Protection.

Over the past few months, news organizations in Boston have unveiled massive projects that dig deeply into traumatic (for very different reasons) historical events — The Boston Globe’s series on the 1989 murder of Carol Stuart at the hands of her husband, Charles, whose claim that the killing was carried out by a Black man turned the city upside-down; and GBH News’ nine-part podcast on the Big Dig.

I approached both projects with some trepidation, wondering what more I could learn about such well-known events. Well, the Globe’s series and podcast were incredibly well done, and we did learn a few things we didn’t previously know; I did not see the Stuart documentary film made in conjunction with the series, but I understand it’s essentially a shortened version of the podcast. “The Big Dig” (that is, the podcast, not the tunnels) was outstanding as well. I just finished listening to it a couple of days ago.

Once I started “The Big Dig,” I got hooked because of the premise. We live at a time when it seems that we’re unable to build great public projects. They come in way over budget, they’re flawed and NIMBYs are able to keep them tied up for years. The way host and co-producer Ian Coss frames the podcast is that the Big Dig is among the earliest and most expensive examples of that phenomenon. As we all know, it cost far more than initial projections, it was years late, it was fatally flawed (literally) and opponents were able to tie it up in red tape.

It’s a dilemma that Ezra Klein of The New York Times has talked about a lot on his own podcast. Rather than liberalism that fetishizes process and empowers stakeholders (and non-stakeholders) in such a way that it makes it too easy to stop progress, he argues, we need a “liberalism that builds.” That will also be the topic of his next book, co-authored with Derek Thompson.

“The Big Dig” begins with an unusually righteous example of process liberalism — the fight to stop the Southwest Corridor, led by a bright young bureaucrat named Fred Salvucci and eventually embraced by Gov. Frank Sargent. Salvucci, whose voice holds together the podcast throughout all nine episodes (he’s now 83), rose to become secretary of transportation under Gov. Michael Dukakis and embraced the two projects that eventually became known as the Big Dig: the Ted Williams Tunnel connecting the city with Logan Airport and the Tip O’Neill Tunnel, which enabled Salvucci’s dream of removing the elevated Central Artery and knitting the city back together.

It makes no sense for me to summarize the podcast except to say that Coss does a masterful job of including a tremendous amount of detail and human-interest stories while keeping it moving. We learn all about Scheme Z, a phrase that I thought I’d never hear out loud again. The greedy parking lot owner who held up the airport tunnel. The soil that was softer than expected. The flaws in the slurry walls. That said, I do have three reservations.

  • At the end of episode 8, the Big Dig is portrayed as unsafe. Although Coss tells us that the improperly installed ceiling tiles that led to the death of a driver, Milena Delvalle, were fixed, you do not get the impression that the overall project was safe. Yet in episode 9, the epilogue, we learn that the Big Dig finally can be seen as a success story without any indication of how those safety problems — including significant leaks in the slurry walls — were overcome.
  • A personal pique, but audio clips of my friend and former GBH colleague Emily Rooney, who hosted “Greater Boston” and “Beat the Press” for many years, are heard over and over, especially in episodes 7 and 8 — yet she is never named. Even Howie Carr is identified after one brief snippet of sound. Emily was the face and voice of GBH News for many years, and she should have gotten a mention.
  • The series closes with the launch of the Green Line Extension, which is presented as a triumphant last piece of the puzzle. “It felt good to feel good about a big project that our city had accomplished,” Coss says. “To put the cynicism away for a day and just enjoy the ride.” Now, I’m sure the lead time for the podcast was long, but, uh.

Overall, though, “The Big Dig” is an extraordinarily well-done overview of a project that kept the city tied up in knots for years, and that has been a success despite the astronomical cost — more than $24 billion by some estimates, or triple the $7.7 billion that was budgeted once the work had started, which was itself far higher than the original $3 billion price tag.

I hope GBH got the bounce they were looking for, because I’d like to see more such podcasts in the future. And if you’re new to Boston, you learn a lot about our city from both the Globe’s reporting on the Stuart case and from “The Big Dig.” Along with J. Anthony Lukas’ book “Common Ground,” the story of Boston’s desegregation crisis, these two works of extended narrative journalism have entered the library of essential Boston reading and listening.

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