On this week’s edition of the “What Works” podcast, Ellen Clegg and I talk with John Garrett, who, along with his wife, Jennifer, started the monthly Community Impact Newspaper in 2005 in Texas. They had three full-time employees and covered two towns in Texas, Round Rock and Pflugerville.
Community Impact expanded into Arizona and Tennessee, and by 2018, Forbes reported, the Garretts had 220 employees and annual revenue of $27 million. They have an online presence, of course, but they also believe in print: their newspapers are distributed by mail every month. They even opened their own printing plant to handle their newspaper and other jobs and have a sign out front that says: “Print Ain’t Dead.”
But as we prepared for this podcast, John told us they’ve just made some tough decisions. They sold their Phoenix operations and closed their small Nashville outlet. They’ve decided to focus on Texas, where their business is doing well, and they have fresh plans for the future there.
Ellen and I devote the entire Quick Takes segment of the podcast to the New England Muzzle Awards, a Fourth of July roundup of outrages against freedom of speech and of the press in the six New England states. The awards were conceived of by my friend and occasional collaborator Harvey Silverglate, the noted Boston civil-liberties lawyer. For many years, they were published by the late, lamented Boston Phoenix. They’ve been hosted by GBH News since 2013, and this year marks their 25th anniversary.
A Boston mayor who trampled on a religious group’s right to freedom of expression. A Worcester city manager who trampled on the public’s right to know about police misconduct. A New Hampshire state legislator who trampled on teachers’ rights by demanding that they take a “loyalty oath” promising not to teach their students about racism.
These are just a few of the winners of the 2022 New England Muzzle Awards.
This year is the 25th anniversary of the Muzzles, a Fourth of July roundup of outrages against freedom of speech and of the press in the six New England states.
Whenever The New York Times takes on as large and amorphous an idea as freedom of expression, it quickly escalates into a war of words about the Times itself. That was certainly the case with a nearly 3,000-word editorial it posted last Friday under the headline “America Has a Free Speech Problem.”
The piece launched a thousand hot takes, many of them dripping with mockery and sarcasm. I certainly don’t agree with everything in the editorial, and I find a lot of what the critics are complaining about — especially the paper’s patented “both-sides-ism” — to be right on target. But in the spirit of contrarianism, and in recognition that this is a Major Statement by our leading newspaper, I’m at least going to take it seriously.
In the spring of 1998, civil-liberties lawyer and First Amendment advocate Harvey Silverglate had an idea: Why not single out enemies of free speech in the pages of The Boston Phoenix? Harvey was a Phoenix contributor; I was the media columnist. We refined Harvey’s idea and, at his suggestion, named them the Muzzle Awards — borrowing the name from the Thomas Jefferson Center for the Protection of Free Expression (now defunct) and restricting them to the Boston, Worcester, Portland and Providence areas, where we had papers.
We decided on the Fourth of July for two reasons — first, to emphasize that the Muzzles were an expression of patriotism; second, so that the rest of the news staff could pretty much take the week off. The first annual Muzzle Awards were published on July 3, 1998. Among other winners, we singled out of the FCC for shutting down Radio Free Allston, a pirate station that served the community at a time when it was even harder to get a license for a low-power FM operation than it is today; the town of Plymouth, where police roughed up Native American protesters; and Walmart, for refusing to sell CDs that carried a parental warning label.
The Muzzles turned out to be a hit. David Brudnoy and, later, Dan Rea would have me on to talk about them on WBZ Radio (AM 1030) and — I’d like to think — we helped educate our readers about the importance of free expression.
I continued writing the Muzzles after leaving the Phoenix for Northeastern in 2005. At that point, I stopped singling out colleges and universities because I thought it would be a conflict of interest. Harvey began writing the Campus Muzzle Awards as a sidebar.
Then, in the spring of 2013, The Boston Phoenix closed abruptly, and we needed a new home for the Muzzles. Fortunately my friends at GBH News stepped up and have been hosting them ever since. Although The Worcester Phoenix was long gone at that point, the Muzzles continued to appear in the Providence and Portland papers until they, too, shut down. (The Portland Phoenix was revived a couple of years ago under new ownership and appears to be doing well.) And here’s a pretty astonishing fact: Peter Kadzis has been editing the Muzzles from the beginning, first at the Phoenix, now at GBH.
This year’s New England Muzzle Awards, published on July 1, are, like their predecessors, a reflection of the era. The Black Lives Matter protest movement that was revived after the police killings of George Floyd and Breanna Taylor figure in several of the awards — from Boston and Worcester police officers who brutalized peaceful demonstrators, to racial justice protesters in Burlington, Vermont, who stole and destroyed copies of a newspaper whose coverage they were unhappy with, to Sheriff Scott Kane of Hancock County, Maine, who banned a desperately needed drug-counseling service from his jail after the nonprofit posted a statement on its website in support of Black Lives Matter.
We have some well-known winners, too, including Secretary of Labor Marty Walsh, Fox News talk-show host Tucker Carlson and former President Donald Trump. The town of Plymouth is back as well — this time for threatening punitive fines against a Trump supporter who’d put a sign critical of President Joe Biden on his lawn.
This is the 24th year of Muzzle Awards, so next year will be a landmark. Will they continue after their 25th anniversary? Right now I couldn’t tell you. I have put together an index of all 24 years in case you’re interested in what previous editions looked like. Link rot had claimed some of them, but I was able to overcome that thanks to the Internet Archive.
The animating spirit of the Muzzles was best expressed by Supreme Court Justice Oliver Wendell Holmes Jr. in 1929: “If there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought — not free thought for those who agree with us but freedom for the thought that we hate.”
It’s been a long ride — and I’ve already got a candidate for the 2022 edition.
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What kind of fallout should there be for public officials who are Donald Trump supporters and who took part in the “Stop the Steal” rally-turned-insurrection in Washington on Jan. 6? Three stories in The Boston Globe explore that issue.
The most ambiguous, and therefore the most interesting, is the case of David Ellis Jr., the police chief in Troy, New Hampshire, a longtime Trump supporter who’d previously gotten into trouble for displaying MAGA paraphernalia in his office (see photo above). According to the Globe and to New Hampshire Public Radio, Ellis took part in the protest, but was not among the rioters who invaded the Capitol. He’s also spoken out against the violence.
“I witnessed the people harassing the riot police that were getting in their gear on Constitution Ave, as I’m walking back to get to the train station at Union Station,” Ellis told NHPR. “It was ridiculous, people were giving police such a hard time.”
Nevertheless, there have been calls for town officials to fire Ellis. There have been threats, leading to a lockdown at town hall. But, so far, they’re standing by Ellis. NHPR quoted Richard Thackston, chair of the town’s selectmen, as saying at a public meeting:
I personally find the events that happened yesterday appalling; they brought tears to my eyes, the thought that three people, four people lost their lives in an utterly unnecessary and pointless occurrence is tragic. But I believe that any individual, any public servant has the right to participate in political events without fear of loss of employment or having it have any effect.
I think that’s the right call for anyone who took part in the protests but did not engage in any violent behavior and made no attempt to enter the Capitol. It sounds like Ellis holds dangerously false views put forth by Trump about the integrity of the election. But unless evidence emerges that his activities were not limited to peaceful protest, that should be the end of the matter.
Not so with an unnamed Boston Police officer who, according to the Globe, may have attended the rally and gone inside the Capitol, and who issued threats against Vice President Mike Pence on social media. He should be gone for the threats alone, and if he was among the invading force, he should be prosecuted.
The same goes for Natick town meeting member Suzanne Ianni, who was photographed inside the Capitol, and who told Agence France-Presse (not Yahoo News, as the Globe erroneously reports), “We will fight tooth and nail. This isn’t over just if Biden gets inaugurated, if that happens. We’ll never stop fighting. And Trump will be our president for the next four years, no matter who they inaugurate.”
Town officials have said they can’t get rid of Ianni. But every single one of the rioters who entered the Capitol should be prosecuted. And there she is in the photo accompanying the Globe story, fist upraised.
How can we limit the damage that social media — and especially Facebook — are doing to democracy? We all know what the problem is. The platforms make money by keeping you logged on and engaged. And they keep you engaged by feeding you content that their algorithms have determined makes you angry and upset. How do we break that chain?
Josh Bernoff, writing in The Boston Globe, offers an idea similar to one I suggested a few months ago: leverage Section 230 of the Telecommunications Act of 1996, which holds digital publishers harmless for any content posted by third-party users. Under Section 230, publishers can’t be sued if a commenter libels someone, which amounts to a huge benefit not available in other contexts. For instance, a newspaper publisher is liable for every piece of content that it runs, from news articles to ads and letters to the editor — but not for comments posted on the newspaper’s website.
Bernoff suggests what strikes me as a rather convoluted system that would require Facebook (that is, if Mark Zuckerberg wants to continue benefiting from Section 230) to run ads calling attention to ideologically diverse content. Using the same algorithms that got us into trouble in the first place, Facebook would serve up conservative content to liberal users and liberal content to conservative users.
There are, I think, some problems with Bernoff’s proposal, starting with this: He writes that Facebook and the other platforms “would be required to show free ads for mainstream liberal news sources to conservatives, and ads for mainstream conservative news sites to liberals.”
But that elides dealing the reality of what has happened to political discourse over the past several decades, accelerated by the Trump era. Liberals and Democrats haven’t changed all that much. Conservatives and Republicans, on the other hand, have become deeply radical, supporting the overturning of a landslide presidential election and espousing dangerous conspiracy theories about COVID-19. Given that, what is a “mainstream conservative news site”?
Bernoff goes so far as to suggest that MSNBC and Fox News are liberal and conservative equivalents. In their prime-time programming, though, the liberal MSNBC — despite its annoyingly doctrinaire, hectoring tone — remains tethered to reality, whereas Fox’s right-wing prime-time hosts are moving ever closer to QAnon territory. The latest is Tucker Carlson’s anti-vax outburst. Who knew that he would think killing his viewers was a good business strategy?
Moving away from the fish-in-a-barrel examples of MSNBC and Fox, what about The New York Times and The Wall Street Journal? Well, the Times’ editorial pages are liberal and the Journal’s are conservative. But if we’re talking about news coverage, they’re really not all that different. So that doesn’t work, either.
I’m not sure that my alternative, which I wrote about for GBH News back in June, is workable, but it does have the advantage of being simple: eliminate Section 230 protections for any platform that uses algorithms to boost engagement. Facebook would have to comply; if it didn’t, it would be sued into oblivion in a matter of weeks or months. As I wrote at the time:
But wouldn’t this amount to heavy-handed government regulation? Not at all. In fact, loosening Section 230 protections would push us in the opposite direction, toward deregulation. After all, holding publishers responsible for libel, invasions of privacy, threats of violence and the like is the default in our legal system. Section 230 was a regulatory gift, and it turns out that we were too generous.
Unlike Bernoff’s proposal, mine wouldn’t attempt to regulate speech by identifying the news sites that are worthy of putting in front of users so that they’ll be exposed to views they disagree with. I would let it rip as long as artificial intelligence isn’t being used to boost the most harmful content.
Needless to say, Zuckerberg and his fellow Big Tech executives can be expected to fight like crazed weasels in order to keep using algorithms, which are incredibly valuable to their bottom line. Just this week The New York Times reported that Facebook temporarily tweaked its algorithms to emphasize quality news in the runup to the election and its aftermath — but it has now quietly reverted to boosting divisive slime, because that’s what keeps the ad money rolling in.
Donald Trump has been crusading against 230 during the final days of his presidency, even though he doesn’t seem to understand that he would be permanently banned from Twitter and every other platform — even Parler — if they had to worry about being held legally responsible for what he posts.
Still, that’s no reason not to do something about Section 230, which was approved in the earliest days of the commercial web and has warped digital discourse in ways we couldn’t have imagined back then. Hate speech and disinformation driven by algorithms have become the bane of our time. Why not modify 230 in order to do something about it?
Comments are open. Please include your full name, first and last, and speak with a civil tongue.
The Mystic Valley Regional Charter School is back in the news for discriminatory behavior — this time for insensitive comments by a former trustee and flat-out racist remarks and disciplinary practices. The Boston Globe reports.
Now that a temporary restraining order stopping President Donald Trump’s niece from publishing her tell-all book has been overturned, I want to briefly touch on why we all ought to be worried that the order was issued in the first place.
According to The Daily Beast, Hal Greenwald, a New York State judge, “ordered Mary Trump and Simon & Schuster to appear before him on July 10 — and barred them from disseminating her book,” titled “Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man.”
But under longstanding precedent first set forth in the Supreme Court case of Near v. Minnesota (1931), prior restraint can be invoked only if publication would result in a serious breach of national security (a hurdle the government was not able to meet even in the Pentagon Papers case), or if the material in question meets the legal definition of obscenity or would incite violence.
This is not to say that the First Amendment offers Mary Trump blanket protection. It’s very possible that she could be found to have violated a binding non-disclosure agreement, as the president argues. But in order not to run afoul of the First Amendment, legal remedies would have to come after publication.
By acting as he did, Judge Greenwald elevated a family dispute to the level of revealing the movement of troops during wartime (one of the scenarios envisioned in the Near decision) or publishing instructions on how to build a nuclear bomb (the subject of another famous court battle over prior restraint).
At a moment of national crisis over racism and police brutality, it is depressingly apt that our lead New England Muzzle Award this year concerns an African American teacher in Milton, Massachusetts, who was briefly placed on leave and investigated for telling her sixth-grade poetry students that some police officers are racist.
School officials in Milton quickly backtracked, and the teacher, Zakia Jarrett, received a considerable amount of public support. Nevertheless, it’s sad and telling that the school administration’s first impulse was to punish the messenger rather than focus on the uncomfortable truth of her message.
Other Muzzle Award winners this year include a judge who refused a prosecutor’s request that he drop minor charges against nonviolent protesters (for good measure, he also briefly jailed a defense lawyer for reading the law to him); the police department in Portland, Maine, whose officers made an intimidating visit to a critic’s home under the guise of what appear to be trumped-up vandalism charges; and a town official in Exeter, Rhode Island, who shepherded through an ordinance requiring that people attending public meetings act with “decorum.”
Needless to say, the 2020 Muzzle Awards come at a time of unprecedented crisis, as the country struggles with the COVID-19 pandemic, economic collapse and a long-overdue coming to terms with the legacy of racism.
New England was spared the worst of those excesses. Still, especially in the early days of the demonstrations, heavy-handed police tactics in Boston and elsewhere sometimes overshadowed the message that the protesters were trying to convey. Suffolk County District Attorney Rachael Rollins told The Boston Globe last week that she is investigating police conduct at those protests.
The New England Muzzles are published around the Fourth of July every year to call attention to outrages against freedom of speech and of the press. They were launched in 1998 at the late, great Boston Phoenix, which ceased publication in 2013. This is the eighth year they have been hosted by WGBH News. They take their name from the Jefferson Muzzles, begun in 1992 by the Thomas Jefferson Center for the Protection of Free Expression.
The envelopes, please.
Milton (Mass.) Public Schools
A Black teacher is targeted for speaking the uncomfortable truth.
Perhaps a Muzzle Award should go to the anonymous parent or student who recorded Zakia Jarrett last month as she was leading a remote sixth-grade poetry lesson and said that Black people were “being killed by racist white people … which many of the cops are, as well.” Whoever passed along that clip to Milton school officials sent an ominous warning in this new era of education by Zoom and Google: Be careful what you say, because you’re being watched.
Instead, though, the Muzzle goes to the Milton Public Schools. Their sole response should have been to remind everyone that recording teachers and making the clips public was a violation of school policy. Instead, according to The Boston Globe, Jarrett’s principal at the Pierce Middle School, William Fish, placed Jarrett on paid administrative leave while school officials investigated, sending a chilling message to the entire town.
The action affecting Jarrett was reversed later that day. But a considerable amount of damage had already been done. About 400 parents reportedly signed a letter in support of Jarrett, who is Black, and called on the school system to do a better job of teaching students about race and racism.
School officials quickly backtracked from their initial tough stance.
“At no point was the teacher suspended nor was any disciplinary action taken. The leave was rescinded after a few hours,” according to a statement posted on the school system’s website. The statement added that Schools Superintendent Mary Gormley “met with and apologized to the teacher and followed up with a written apology.”
But the Milton Educators Association, as the local teachers’ union is known, had a decidedly different perspective. In a statement published in the Milton Times, the union said that “nearly an entire week went by before the district responded to this situation in a way that conveyed how its actions let down all of the students and educators. The district’s message still fell short of what the MEA believed would have been an acceptable apology that acknowledged the full impact of this incident.”
What’s sad is that school officials fell back upon an unthinking bureaucratic response at the first sign of trouble. They should have been able to see how this would play out as soon as they received that 13-second clip. Not only could they have avoided a lot of trouble, but they missed a chance to do the right thing.
On June 19, Juneteenth, Milton educators and activists held a rally and march for racial justice. It was a chance for everyone to reflect and to take steps to ensure that nothing like it would happen again.
Despite that support, Jarrett told the Globe she hadn’t decided whether to stay in Milton.
“The word ‘racism’ triggers a lot of negative feelings,” she was quoted as saying. “The idea that people may hold racist beliefs makes them feel bad about themselves. But all people have biases and prejudices. And until we talk about them, we can’t root them out.”
Mass. Gov. Charlie Baker
He seeks to end nearly 380 years of access to vital records.
Since 1641, Massachusetts has made death certificates, marriage notices and birth records freely available to anyone who requests them. That could change, though, under an obscure proposal included as an outside section of the budget earlier this year, according to The Boston Globe. The proposal would hide such records from public view for what would amount to a lifetime.
If approved, the measure would be a step backwards in a state already notorious for limited access to public records. The Muzzle goes to Gov. Charlie Baker, who may be under the impression that he’s enhancing privacy protections, but who in reality would be cutting off a vital source of information for journalists and researchers.
Access to such records advances the public interest. For example, WGBH News reporter Jenifer McKim tweeted, “As MA governor works to make birth, death records secret, thinking of the stories I’ve written and produced with the help of these key, currently public, documents,” including suicides at colleges and universities.
As MA governor works to make birth, death records secret, thinking of the stories I've written and produced with the help of these key, currently public, documents: Stories looking at suicide deaths at local colleges and universities: https://t.co/GOzUJ7tNkC.
The genealogical community was angered as well. In an interview with the Chelsea Record, Ryan Woods, executive vice president of the New England and Genealogical Society, said, “Unequivocally it was a surprise to us. There had not been any public discussion about this until it appeared in the budget.”
The Massachusetts Genealogical Council said the measure would make health researchers’ jobs harder and could make it more difficult for women who need to document breast cancer within their families so that they may qualify for genetic testing. The council added: “This is a time when genealogists from throughout the world should step up and be heard.”
By including the proposal in his budget rather than filing it as a separate piece of legislation, Baker has made it more difficult to defeat, as legislators won’t be able to vote against it without also opposing spending measures that they might support.
The governor and the legislative leadership should delete this ill-considered proposal before it is ever put to a vote.
Judge Richard Sinnott
The son of Boston’s last official city censor keeps the tradition alive.
For courtroom heavy-handedness above and beyond the norm, it’s hard to beat Muzzle winner Richard Sinnott, a judge in the Boston Municipal Court.
Last September, The Boston Globe reported that Suffolk County District Attorney Rachael Rollins was seeking to drop charges against a group of nonviolent counter-protesters who’d been arrested on minor charges at a so-called Straight Pride demonstration. Sinnott refused.
Next, he ordered one of the defense lawyers, Susan Church, removed and locked up because she had the temerity to read from case law in order to argue that Sinnott had no right to reject Rollins’ recommendation. She was released about two hours later. “All I was trying to do is to read the law to the court, and I was summarily arrested, handcuffed, brought down to the holding cell, held there for hours,” Church told WGBH News.
The lenient treatment that Rollins sought was not indiscriminate, as she asked for more-serious charges to move forward against another group of protesters accused of violence.
“Make no mistake: some people were appropriately arraigned and will be held accountable for actions that put the safety of the public and law enforcement at risk,” Rollins said in a statement reported by Universal Hub. “For those people now tangled in the criminal justice system for exercising their right to free speech — many of whom had no prior criminal record — I will use the legal process to remedy the judge’s overstepping of his role.”
The standoff was resolved quickly. Several days later, Supreme Judicial Court Justice Frank Gaziano ruled that Judge Sinnott had no authority to stop Rollins from dropping the charges, according to MassLive.
Sinnott comes by his Muzzle-worthy ways naturally. His father, also named Richard Sinnott, was at one time the city censor, in charge of banning risqué entertainment such as strip shows and overly salacious Broadway plays. The New York Times called him “the last municipal official empowered to ban wickedness in Boston.”
Good thing that the younger Sinnott’s bid to keep the “Banned in Boston” flame burning ended in failure.
U.S. Customs and Border Protection
From their perch in northern Maine, they spy on Canadian mail.
What could be more sacrosanct than your mail? With the exception of prison inmates and targets of criminal investigations, people have a right to receive packages and read correspondence free from the prying eyes of the government.
Unless, that is, you live on Campobello Island, New Brunswick. Except for the summer months, when a ferry is in service, mail is delivered to the Canadian outpost over a bridge from Lubec, Maine — giving our Muzzle winner, U.S. Customs and Border Protection, entrée to tear it open and inspect it. Residents know their mail has been pawed over when it arrives resealed with green tape.
To be clear, we’re talking about internal Canadian mail, originating in Canada and sent to a Canadian village. The only reason it’s delivered through the United States is because of an accident of geography.
This outrageous situation drew press coverage late last year and early this year from the Canadian Broadcasting Corp., the BBC, The Washington Post, The Boston Globe and other media outlets. As Dale Calder, a retired Canadian government employee, told the Globe, “It’s an invasion of our privacy. There’s personal correspondence in there, people’s health records, and financial records. What are they doing with it once they open it?”
In a statement to CBC Radio, U.S. Customs officials said they “possess broad search authority to ensure the safety and admissibility of all goods entering the United States.”
Although U.S. officials wouldn’t confirm it, residents believe the reason for this snooping is that old demon weed. Marijuana is legal in Canada and Maine, but it remains illegal to transport it over the U.S. border.
“I don’t like American bullying. This kind of stuff bothers me,” an island resident named Steve Hatch, who holds both Canadian and American citizenship, told the CBC. “You should have an expectation of privacy with the mail, and we don’t here on the island.”
An out-of-state anti-LGBTQ activist bamboozles Rhode Island legislators.
To be fair, the bill that five Rhode Island state legislators introduced in March was aimed at addressing an unethical journalistic practice: reporting that a public official is under investigation but then failing to follow up. Sometimes accusations are set aside and the target is cleared of wrongdoing. The media should report that, as well.
Mandating a follow-up by law, however, is a clear abridgement of the First Amendment. That is why we are presenting a Muzzle Award to Chris Sevier, an anti-LGBTQ activist from Tennessee who achieved minor celebrity status some years ago for attempting to marry his laptop computer, according to the nonprofit news organization Mississippi Today.
Sevier is the leader of a nebulous organization called Stop Guilt by Accusation, which has pushed legislation in a number of states that would require news organizations to report the outcome of investigations into public officials accused of illegal or unethical conduct. “The freedom of the press is not absolute,” Sevier told Mississippi Today.
The Rhode Island legislators withdrew the bill and conceded it went too far, according to WPRI. James Bessette, president of the Rhode Island Press Association and an editor at Providence Business News, told the station, “The fact that this bill — which would be damaging beyond any comprehension — was even introduced is both laughable and frightening.”
A coda: Last January, a similar bill was introduced in the New Hampshire legislature. According to the New England First Amendment Coalition, the legislation would have imposed liability on any news outlet that reported on criminal charges and then later failed to report that the person had been acquitted or that the charges had been dismissed.
The bill quickly died in committee.
Sevier’s group identifies New Hampshire as one of the states where it is pushing his legislation. But state Rep. Jack Flanagan, R-Brookline, the sponsor of the New Hampshire bill, said in an interview with WGBH News that he had never heard of Sevier, and that the idea was his alone.
“I received a number of concerns from people who had been arrested, became public and were found not guilty, dismissed or dropped,” Flanagan said by email, adding: “My issue was that we weren’t telling what to write, but to write the whole story.”
Flanagan wins a Dishonorable Mention for his attempt to transform a reasonable observation about media ethics into an unconstitutional law.
The Berkshire district attorney’s public records refusal prompts a resignation.
Public records violations are so common that they often don’t get the attention they deserve. Yet the principle that government should be transparent is an important one. If we don’t know what our representatives are up to, then the idea that we live in a self-governing democracy is meaningless. Unfortunately, the Massachusetts public records law is so weak that officials violate it with impunity — even though the law was strengthened slightly several years ago.
Some incidents, though, are so egregious that they warrant special mention — which is how Berkshire County District Attorney Andrea Harrington earned herself a Muzzle.
Last December, The Berkshire Eagle filed a public records request about a student at Bard College at Simon’s Rock who said she’d been racially attacked. Following an investigation, her claim was found to have been a hoax. Harrington’s office declined to provide the records.
What happened next was truly startling. Harrington’s public records officer, Jeanne Kempthorne, resigned and blew the whistle on the DA, telling the Eagle, “It was the straw that broke the camel’s back. My concern is that what she [Harrington] did was not in the public’s interest; it was in her interest. This isn’t a private company, and it’s not her campaign. There are bigger considerations — are we actually going to fulfill our public duties?” For good measure, Kempthrone gave the Eagle redacted copies of the records it had sought.
Harrington’s office denied that anything untoward had taken place. But the law requires law enforcement agencies to release records once an investigation has concluded, as was the case with the Bard incident.
“When officials abuse the investigatory exemption of the public records law, they prevent us from learning if justice is being served in our communities,” said Justin Silverman, executive director of the New England First Amendment Coalition, in an interview with the Eagle.
Finally, we are awarding a Dishonorable Mention to the Massachusetts State Police, also a 2019 Muzzle winner, which was sued by The Boston Globe in February of this year over the agency’s failure to produce documents related to the paper’s reporting on an investigation into overtime fraud and related matters.
A high school principal in Maine shuts down discussion about sexual assault.
Aela Mansmann wanted to call attention to sexual harassment and assault at Cape Elizabeth High School in Maine, where she was a sophomore. So last September, she posted a note in the bathroom that read, “There’s a rapist in our school and you know who it is.” Several other girls began posting similar notes.
But when a male student complained that he was feeling targeted (an interesting reaction, given that no one was named in the notes), the school decided to act — not against sexual assault, but against whoever had posted the notes. An investigation of several weeks ensued. And the principal, Jeffrey Shedd, has earned a Muzzle Award for suspending Mansmann and two other girls for three days, writing to parents that the students had made a “bad choice” that “hurt” others, according to News Center Maine.
“I honestly feel very ashamed that my school took this action,” Mansmann said in an interview with BuzzFeed News, adding: “It was really addressing the general culture of our school, and keeping in mind several specific cases. But there are so many it’s hard to pinpoint just one and advocate for just one of them.”
After Mansmann’s parents and the ACLU of Maine filed a lawsuit in U.S. District Court to overturn her suspension, Judge Lance Walker issued a temporary restraining order, ruling that they were likely to prevail on the merits. “If school administrators,” Walker wrote acidly, “receive carte blanche to tamp down and vet non-frivolous outcries on topics of social justice, expressed in areas generally associated with free student communication, where would that leave us?”
School officials should have taken the opportunity to stand down. Instead, they filed an appeal, with Cape Elizabeth School Board Chairwoman Susana Measelle Hubbs saying that administrators needed to be able to respond to statements “that are likely to spread fear and alarm, or to harm others,” according to a report by WGME and The Associated Press.
Mansmann’s suspension was put on hold pending final resolution of the case, the Portland Press Herald reported. The other two girls have not spoken publicly. It’s time for school officials to end this fiasco and apologize for trampling on the students’ free-speech rights.
A local official in Rhode Island tells the public: Be nice — or else.
Anyone who has spent much time covering local government meetings knows that the internet isn’t the only place where you can find trolls. Cranks of various persuasions often show up so that they can yell, raise irrelevant issues and generally make pests of themselves. Sometimes they even have legitimate concerns.
Such gadflies have been dealt with since time immemorial by asking them to be quiet or, if that doesn’t work, asking them to leave. If they resist, there’s usually a police officer on hand to help them find the door. (These days, of course, they can just be muted on Zoom.)
Which is why Calvin Ellis,president of the town council in Exeter, Rhode Island, has earned a Muzzle. Last September, the council approved his unnecessary, speech-squelching ordinance requiring “decorum” by people who attend public meetings.
“We don’t anticipate enforcement,” said Ellis, according to a report by WJAR. “Only we want proper decorum, proper conduct to prevail.” Well, if you don’t “anticipate enforcement,” why do it in the first place?
Exeter has had its issues. Reportedly, some members of the public have walked out in the face of yelling, and on one occasion the Rhode Island State Police had to be called. But it’s hard to see how a rule mandating decorum would change that.
Here’s the most problematic part of the Exeter ordinance, as reported by the Johnston Sun Rise: “Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Town Assembly, Council, Board, or Commission, or any member thereof, shall be forthwith, by the presiding officer, barred from further audience before the Town Assembly, Council, Board, or Commission at that meeting, unless permission to continue is granted by a majority vote of the Town Assembly, Council, Board, or Commission.”
As Steven Brown, executive director of the ACLU of Rhode Island, put it in a statement: “When does a pointed criticism of a Council member for their stand on an issue become ‘personal’? … When will impassioned comments of a speaker — whether out of enthusiasm or anger — become improperly ‘boisterous’ and subject him or her to removal from the meeting?”
A short time after the measure was approved, the Narragansett Town Council rejected a similar measure. Exeter needs to reconsider. It should be possible to exercise some control over a public meeting without an ordinance that tramples on the First Amendment.
His pre-pandemic proposal to ban face masks at protests went nowhere.
If we had a category for Most Ironic Muzzle Award, it would surely go to Boston City Councilor Timothy McCarthy. Last September, according to WGBH News, McCarthy persuaded his colleagues to draft an ordinance banning face masks and other identity-shielding coverings at public demonstrations.
What prompted him were the face shields used by some counter-protesters at the anti-LGBTQ “Straight Pride” rally — the same counter-protesters who drew Judge Richard Sinnott’s attention (above). To be fair, McCarthy was targeting those engaging in violence, not peaceful protesters.
“When did people wake up in the morning and say, ‘Hey, let’s go to a peaceful protest, but don’t forget your razors, and your keys for handcuffs, and your face masks in case you get urine and bleach that you’re throwing at the cops, you don’t want to get that in your eyes,’” McCarthy said.
The irony, of course, is that because of the COVID-19 pandemic, we are now all required to wear face masks outdoors if we’re unable to practice social-distancing. Compliance with orders to wear face masks has been less than universal during the Black Lives Matter protests that have broken out over police brutality and racism, raising the specter of another coronavirus surge. Needless to say, if McCarthy’s misguided proposal had been approved, the Council would now be racing to repeal it.
Last September, McCarthy drew some guarded support from fellow councilors for his proposed face-mask ban, who noted that similar bans have been used to good effect against the Ku Klux Klan. Mayor Marty Walsh, in an interview with Jon Keller of WBZ-TV, said such a ban might make sense as long as there was an exemption for religious reasons.
At a subsequent Council meeting, though, mask-wearing opponents spoke out against the “absurdity” of the measure, according to a Boston Globe account. “Do you feel threatened right now?” asked Belmont resident Alex Marthews, who wore a mask to the hearing.
Anonymous speech is protected under the First Amendment. And it’s hard to see how an anti-mask ordinance could be enforced against those engaging in violence while leaving peaceful protesters alone.
Then again, wearing face masks in public is going to be with us for a long time. McCarthy’s idea, wrong-headed though it may have been, now seems like it’s from a distant, better world.
Portland (Maine) Police
Officers intimidate an outspoken critic by showing up at his house.
Journalist Christian MilNeil is the editor of the transportation website StreetsblogMASS, a former data reporter for the Portland Press Herald and a board member of the Portland Housing Authority. In other words, he’s not the sort of guy you would expect to spray two police substations with graffiti, as Portland Police officers claim and as he staunchly denies.
MilNeil believes the real reason that two officers showed up at his house one day last month was because of something rather different: his tweets that criticized the police. Based on the evidence, it appears that MilNeil is correct — and thus we are awarding a Muzzle to the Portland Police Department.
On June 9, as the officers approached, MilNeil took their photo through a window and tweeted: “IDK if this is related to my recent tweets but #portlandme police are at my home now and threatening arrest, they won’t say why.”
A short time later he added, “They’re making it pretty clear they’re upset with my recent tweets. One cop told my wife ‘I know about your preconceived notions of police — I know them for a fact.’” (MilNeil later said the officers did not specifically mention the tweets, but he inferred they had seen them from what they told his wife.)
It would appear that the officers were on a mission to intimidate an outspoken critic amid protests against police brutality. Among other things, MilNeil had tweeted about a police officer who’d killed people in 2017 and 2008 — the earlier incident because, according to MilNeil, the officer had “escalated a traffic stop.” He’s also tweeted in favor of defunding the police.
According to the Portland Press Herald, city spokeswoman Jessica Grondin said the graffiti had been written on two community policing substations, one of which was housed in a Portland Housing authority building. “It’s not because of the tweets,” she said in a text.
At deadline, it appeared that attempts were underway to get to the bottom of the incident. The Press Herald reported that City Councilor Kimberly Cook was seeking body-camera video of the encounter as part of the city’s investigation into how the police had responded to Black Lives Matter protests. The Press Herald filed a Freedom of Information Act request for the video, too, but was turned down, with the police citing investigatory exemptions.
Let’s hope some answers are forthcoming. It’s hard to imagine anything more chilling to free speech than having two police officers showing up on a critic’s doorstep and threatening prosecution on the basis of dubious charges.