Dan Kennedy

NH newspaper publisher fined $620 for running unlabeled political ads

The saga of Deb Paul, the New Hampshire newspaper publisher who was threatened with six years in prison for running improperly labeled political ads, has finally come to an end, reports Damien Fisher of InDepthNH. On Wednesday, Derry District Court Judge Kerry Steckowych fined Paul $620, which adds up to $124 for each of the five counts the judge had convicted her of on Dec. 7. Paul had originally been charged with six counts, which carry a maximum sentence of a year in prison and a $2,000 fine for each violation.

Paul publishes the Londonderry Times and, at the time that the offenses took place, was also the publisher of the Nutfield News and the Tri-Town Times, which have since folded. Under New Hampshire law, it is a crime to publish political advertising without labeling it as such. The First Amendment allows for some regulation of paid political ads, but the law making such minor violations a crime rather than a civil offense strikes me as excessive, as does the zeal of the state attorney general, John Formella, who let the possibility of prison time hang over Paul’s head for nearly a year and a half.

It has to be said that Paul seems like a piece of work. Back in August 2022, shortly after the charges were filed, I published the results of some digging by friend of Media Nation Aaron Read, who discovered that Paul was not just the owner of the Londonderry Times — she was also a member of the town council. In February 2021, her fellow councilors complained about an editorial she published, saying she had engaged in “bullying” for writing, “Are you frustrated that nobody at town hall is listening to you? Do you feel that your town or school officials have an excuse for everything or justify decisions you don’t agree with?” In an interview with The Eagle-Tribune, Paul denied that was aimed specifically at her colleagues. Paul is apparently no longer a member of the council.

According to InDepthNH, the prosecution argued that draconian action was necessary because Paul was a serial offender who had failed to comply with the law despite earlier warnings. Paul, through her lawyer, said her violations were inadvertent. She also declined to speak with InDepthNH.

Judge Steckowych deserves credit for meting out a punishment that is more or less in line with a civil offense. And it’s time for the state legislature to intervene and reform the law so that other publishers are no longer in danger of being locked up for what amounts to a minor campaign finance violation.

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What public media can learn from NJ Spotlight News: An excerpt from our book

John Mooney, founder and executive director of NJ Spotlight News. Photo (cc) 2022 by Dan Kennedy.

Ellen Clegg and I are delighted to report that the first excerpt from “What Works in Community News” has just gone live at Current, a publication for people in public media. Current has published a section from our chapter on NJ Spotlight News, which merged a digital startup covering state policy and politics in New Jersey and the state’s public television outlet, NJ PBS. “What Works in Community News,” published by Beacon Press, goes public on Jan. 9. And thank you to Mike Janssen, Current’s digital editor, for making this happen.

Read the excerpt at Current.

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A Muzzle Award for the anonymous troll who reported ‘Gender Queer’ to the police

Photo (cc) 1928 by Blue Mountains Library, Local Studies

There’s an unidentified person somewhere out there who has richly earned a New England Muzzle Award, and I hope they’ll step forward to claim their trophy. Because this censorious busybody, hiding behind a cloak of anonymity, actually called the Great Barrington Police Department recently to complain that a middle school classroom had a copy of the notorious-though-it-shouldn’t-be book “Gender Queer,” by Maia Kobabe, on its shelves.

The oft-banned book, which includes graphic images, is used by a number of educators as a resource for young people who are questioning their sexuality. At the W.E.B. DuBois Middle School, though, a police officer actually showed up after school hours and, accompanied by the principal, paid a visit to the classroom so he could see for himself. According to Heather Bellow of The Berkshire Eagle, the officer actually turned on his body camera before beginning his search. “The officer then searched for the book and planned to remove the book as part of the investigation,” Bellow reports, but he couldn’t locate it and ended up leaving. (Bellow also wrote the initial story about the incident.)

Now, you may ask why the police department in this Western Massachusetts town isn’t being awarded a Muzzle. The reason is that it’s not clear they did anything wrong. The person who called the police department sent images that they claimed were from an obscene book. Obscenity, a tiny subset of indecent material, is actually illegal. It can be hard to define (the late Supreme Court Justice Potter Stewart once memorably said, “I know it when I see it”), but you can imagine that it’s pretty bad given that nearly all indecency is protected by the First Amendment. To be clear: “Gender Queer” doesn’t come within a mile of violating any obscenity laws. But Great Barrington Police Chief Paul Storti told Adam Reilly of GBH News that his officers were obliged to respond to what may have been a legitimate complaint. Reilly quoted Storti as saying:

The interaction with the teacher was cordial. The officer didn’t touch anything. They didn’t search. They basically asked if the book was still there, to give the context of what we were dealing with dealing with. The teacher said the book wasn’t there, and the officer left.

I’ll grant you that Storti’s comments are at odds with the Eagle’s report that the officer “searched for the book,” but I’ll have to leave that unresolved for now. The larger issue is that a member of the community saw fit to mobilize law enforcement because of the possible presence of a much-praised book.

The fallout has been significant. The ACLU is seeking the body-camera footage. More than 100 students and staff walked out of Monument Regional High School to protest the attempt at censorship, earning praise from Gov. Maura Healey, who said, “Book banning has no place in Massachusetts.” And the Eagle ran a letter to the editor today that said in part, “Let’s make the book recommended reading for all middle school parents and faculty, and then organize a public forum to discuss the book.”

Although the Great Barrington Police Department has avoided the ignominy of receiving a Muzzle Award, Chief Storti and Berkshire District Attorney Timothy Shugrue, whose office also got involved, need to engage in some discussion and training about what to do the next time something like this happens. Because we all know that it will.

Correction, May 17, 2024: This post originally said that the search took place in the school library. In fact, it was in a classroom.

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How antisemitism is altering college plans in Brookline

Jewish high school students in Brookline are having second thoughts about where they want to go to college because of rising antisemitism on some campuses. One likely beneficiary: Brandeis University. Sam Mintz of Brookline.News has the story. (Via Universal Hub.)

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How Denver’s media are reporting a ruling to keep Trump off the Colorado ballot

Donald Trump at the Air Force Academy Commencement in Colorado Springs in 2019. Photo by Trump White House Archived.

Following the Colorado Supreme Court’s ruling that Donald Trump has disqualified himself from appearing on the state’s Republican primary ballot, I thought I’d check in with the Denver media to see how they covered it. I started with The Colorado Sun, a digital startup that is one of the projects Ellen Clegg and I write about in our forthcoming book, “What Works in Community News.”

The Sun has a lengthy account by its chief political reporter, Jesse Paul. His story plays it straight, although it’s informed by his deep knowledge of the players in Colorado. What stands out to me is that the court went to some lengths to determine that Trump did, in fact, try to foment an insurrection on Jan. 6, 2021. Under the 14th Amendment, insurrectionists may not run for federal office, although that clause is the subject of many different interpretations. Paul quotes from the majority decision:

The record amply established that the events of Jan. 6 constituted a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish the peaceful transfer of power in this country. Under any viable definition, this constituted an insurrection.

The Colorado court’s decision will almost certainly be heard by the U.S. Supreme Court. If it’s upheld, then Trump would be banned not just from the state’s primary ballot but also — should he be the Republican nominee — the general election ballot in November 2024. Other states are considering the same action.

In The Denver Post, the city’s legacy daily newspaper, reporter Nick Coltrain interviews University of Colorado law professor Doug Spencer, who says that the purpose of the Colorado lawsuit that resulted in Tuesday’s ruling is to ensure that Trump can’t be elected to a second term next fall. Spencer told Coltrain that the lawsuit “was never really about keeping Trump’s name off Colorado’s ballot, because he was never going to win our electoral votes. It was about using our state law to get a ruling like this — and maybe now other courts will look at this and maybe not be so skittish.”

Colorado Public Radio, which may be the state’s largest news organization, takes on an issue that is sure to be raised by Trump’s lawyers and supporters: How can a state court find that Trump engaged in an insurrection given that there has been no federal finding to that effect? After all, the Senate failed to convict Trump after the House impeached him on what was essentially an insurrection case; he has not yet gone to trial on insurrection-related criminal charges; and there has been no congressional resolution passed by both branches finding that he tried to overturn the election.

But Bente Berkeland’s story for Colorado Public Radio notes the majority decision finds that Section 3 of the 14th Amendment does not require any further legal proceedings in order for its provisions to take effect. She writes that the decision…

…also reaffirms that, under Colorado law, the court has jurisdiction to bar disqualified candidates from the Republican Party’s primary ballot. They also concluded that the judicial branch is empowered to apply the clause.

“Congress does not need to pass implementing legislation for Section Three’s disqualification provision to attach,” the ruling states. “Section Three is, in that sense, self-executing.”

The city also has a second daily newspaper — The Denver Gazette, a digital-only outlet started several years ago by Colorado billionaire Philip Anschutz. The Gazette has a hard paywall, but I see that it leads today’s e-paper (there is no actual print edition) with a story on the court’s decision written by reporter Michael Karlik.

So now it’s on to the U.S. Supreme Court. Just as a layperson, it seems to me that the most significant issue before the Supremes is whether they can determine on their own authority that Trump engaged in an attempted insurrection or if instead they’re constrained by the lack of a congressional determination or a criminal conviction. We may assume that Trump begins with two aces in the hole: Justices Clarence Thomas and Sam Alito. Can he get to five?

Still, the Colorado decision was a landmark of sorts. As Paul wrote in the Sun: “The Colorado Supreme Court ruling marks the first time that the insurrection clause has been used to block a presidential candidate from appearing on the ballot.” That’s a dubious distinction in a long line of dubious distinctions for Trump, who, depending on how quickly the courts can move, might not only be disqualified from running but could also be sitting in a prison cell by Election Day.

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Happy birthday, Keith!

Common fallacy here by Josh Marshall about Keith Richards, who turns 80 today. While it may be true that Keith can’t play like Mick Taylor, it’s also true that Taylor can’t play like Richards. Nor can anyone else. Taylor is a very good blues guitarist, but there are hundreds just like him. Richards literally invented modern rock guitar, building on Chuck Berry to create something entirely unique. Happy birthday, Keith! Here’s “Take It So Hard,” maybe the best song of Richards’ abbreviated solo career.

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Alden buys four papers in Pennsylvania. You’ll have no trouble believing what happened next.

The historic Scranton Times building. Photo (cc) 2022 by Jeffrey Hayes.

Last summer came horrifying news from Scranton, Pennsylvania: the notorious hedge fund Alden Global Capital was buying the Scranton Times-Tribune and three sister papers from the Lynett family, the local publishers going back to 1895. The sale was taking place even though those members of the family who actually ran the papers opposed it. They were outvoted by other members of the family who simply wanted to cash out and get on with their lives. Ellen Clegg and I talked about it at the time on the “What Works” podcast.

What happened next was predictable and depressing. Washington Post media columnist Erik Wemple traveled to the Scranton area recently and filed a long, sad report about what he found (free link). The lowlights:

The news staff, already down to 40, a steep decline from 90 in the late 1990s, was immediately cut by another 10, with employees offered voluntary buyouts if they would just go away.
Newsrooms in Wilkes-Barre, Hazleton and Pottsfield were put up for sale. The Scranton Times’ headquarters was abandoned in late November, with journalists being told that most of them would be expected to work at home.
Some customer service calls were outsourced to the Philippines.

Almost immediately, Wemple writes, editorials about local and state issues were replaced with generic national content, which is exactly the opposite approach that researchers Joshua Darr, Matthew Hitt and Johanna Dunaway found is helpful in reducing political polarization. As Darr told Ellen in 2021:

It’s important for people to be able to express their opinions on national politics, and there are myriad ways to do that. But I don’t think there’s necessarily a good reason for local newspapers to devote some of their precious op-ed page space to things that aren’t local. I think they should be maximizing their comparative advantage in the marketplace by giving people things that they can’t get anywhere else.

There’s no question that the Pennsylvania papers were facing real challenges. As Wemple reports, paid circulation and advertising were both in a tailspin, and the Lynett family understandably was tired of subsidizing losses. But it didn’t have to end like this. Perhaps the best solution would have been for a local nonprofit institution to purchase the papers, as is the case at another Pennsylvania paper — The Philadelphia Inquirer, a for-profit entity owned by the nonprofit Lenfest Institute.

Steven Waldman, the president of Rebuild Local News, has proposed tax incentives and other measures to prevent newspapers from falling into the hands of cost-slashing chains. Unfortunately, such steps would not have come in time to save the Lynett papers.

Sadly, based on Wemple’s story, it doesn’t sound like much of an effort was made to find a buyer that would have operated the papers for the benefit of the public rather than for Alden’s wealthy investors. I just hope that some of the journalists who have lost their jobs will fight back by starting their own venture, as is happening in community after community across the country.

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GBH News creates Equity and Justice unit with $750k grant

GBH News, the local arm of the public broadcasting behemoth GBH, is launching an initiative to cover racial and socioeconomic equity issues with the support of a $750,000 grant from the Barr Foundation. The Boston Globe’s newly created Power, Money, Inequality project is also being funded through a $750,000 Barr grant. The GBH press release follows.

GBH News, the fastest-growing local newsroom in the region, today announced the creation of an ambitious new multiplatform unit that will focus on racial and socioeconomic equity issues in Greater Boston and beyond. The Equity and Justice unit will develop regional and national interest stories around these key topics, expanding its commitment to community events, engaging directly with the audience, and elevating community voices using the GBH News platform.

“Shining a light on inequity — whether around healthcare, housing, income, or other topics — is an important job for our news organization,” said Susan Goldberg, president and CEO of GBH. “As the nation’s largest producer of public media content, we want to ensure awareness of these pressing issues is woven into the stories we tell, the way we work, and the platforms on which we share news and information.”

GBH News has a demonstrated commitment to multi-platform coverage exposing inequities in the region, such as educational disparities, unequal access to public spaces, the dogged fight for affordable housing and equity among city contracts as well as the rise of white supremacist extremism.

Over the next three years, GBH News will produce a number of in-depth, multiplatform series, along with in-person community engagement events throughout Massachusetts. GBH News will deepen and expand its relationships with community-based media of color and with influencers in those communities to foster richer two-way communication.

“Over the past three years, GBH News has worked to become an audience-focused, multiplatform news organization that tells distinctive local stories, informed by the communities we serve,” said Pam Johnston, General Manager for GBH News. “We are creating an inclusive and culturally responsive newsroom committed to trust and collaboration, accessibility and impact. We want to cover both the problems and the solutions to better serve an increasingly diverse and curious population.”

GBH News Executive Editor Lee Hill will oversee the unit, staffed from current reporters, editors, and new hires. The content will be distributed across all GBH News properties, including GBH flagship radio and television shows, YouTube, social and digital platforms, and via partners at New England Public Media (NEPM) in western Massachusetts, the New England News Collaborative (NENC), and CAI, the Cape and Islands NPR station.

“To be successful, we have to change the very nature of how we approach local journalism. We must increase our capacity to report on the systemic barriers disproportionately blocking marginalized communities from thriving,” said Hill. “We’ll deepen our commitment to our audience, listening to them and investing the time and resources needed to better understand what matters most to them while amplifying their voices and life experiences. Ultimately, this will help us connect with an audience that has never fully seen themselves represented in public media.”

This focus on community has already yielded notable successes. A limited-run broadcast of Spanish-language show “Salud” increased listenership among Hispanic audiences on 89.7FM. A similar collaboration with local podcaster James Hills brought his program “Java with Jimmy” to GBH’s Boston Public Library studio space.

The unit is being supported with a $750,000 grant from the Barr Foundation. The grant will help GBH News continue transforming its coverage and newsroom systems to ensure every story includes an awareness of minority experiences.

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The year in media: Tragedy, absurdity and a few rays of hope to close out 2023

The past year has been a difficult one for a free and independent press. An unprecedented number of journalists and other media workers have been killed in the war between Israel and Hamas. A Wall Street Journal reporter was imprisoned in Vladimir Putin’s Russia on trumped-up charges of espionage. Elon Musk hit bottom (until the next time, of course) by boosting a vile antisemitic conspiracy theory to his 166 million followers on X/Twitter, the social platform he bought and then trashed. Once celebrated digital news outlets like BuzzFeed News and Vice Media hit the wall. And the local news crisis grew worse.

Yet the news media in 2023 were also defined by comedy, absurdity, and even some signs of hope. Gannett, for once, did not make headlines for shutting newspapers and laying off staff. Instead, it endured mockery — and some praise — for hiring reporters to cover Taylor Swift and Beyoncé, and for unleashing artificial intelligence on high school sports with predictably hilarious results. Fox News paid a massive libel settlement and jettisoned mega-star Tucker Carlson while CNN attempted to reinvent itself for the second time in two years. On the bright side, 22 foundations got together to provide $500 million for community journalism over the next five years.

AI was probably the biggest story in journalism in 2023, but in terms of how it might substantively affect how we report and consume news, it’s still bubbling just a bit beneath the surface. That’s likely to change in 2024. In the meantime, here’s a look back at the year that was.

Read the rest at Nieman Reports.

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Union members at New York Times and teachers unions push back at Gaza resolutions

New York Times journalists said to number in the “dozens” have formed an “Independence Caucus” within their union to push back on what they see as efforts by the leadership to take sides in the war between Israel and Hamas.

Alexandra Bruell of The Wall Street Journal reports that “some Times staffers chafed when the NewsGuild held a virtual meeting during which some members debated the merits of issuing a statement calling for a cease-fire in Gaza and an end to U.S. government aid to Israel, a move that they said would compromise their neutrality and put colleagues in war zones at risk.”

Jon Schleuss, president of the NewsGuild-CWA, comes across in the article as someone who is being whipsawed by various factions, telling the Journal: “We had hundreds of people write to us and call us on all sides. What we had was a listening session to hear from people directly.”

You might think that a union ought to restrict its purview to wages, benefits and protecting workers from capricious managers. But the NewsGuild, whose members include non-journalists, has in fact taken stances on broader issues over the years, including statements in favor of abortion rights.

Closer to home, the Massachusetts Teachers Association’s leadership recently voted to approve a resolution that calls for a cease-fire as well as “an end to our government’s complicity with Israel’s genocidal assault on the people of Gaza and the intent to take over their territory.” David Mancuso, in the newsletter Contrarian Boston, writes that the Anti-Defamation League has called the resolution “a perverse position,” and that the Newton Teachers Association demanded that the state union “retract its statement immediately.”

It strikes me as unnecessary and counterproductive for unions to take positions that have nothing to do with the important work of representing their members — all of their members, many of whom may not be on board with the political views of their leadership.

That’s even more important with the NewsGuild, whose members are called upon to cover the news — to borrow a phrase from the Times’ past — “without fear or favor.”

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