Category: Media

More on the journalists-aren’t-bloggers ruling

The redoubtable David Carr has an interesting column in today’s New York Times in which he reports that “investigative blogger” Crystal Cox’s conduct was considerably beyond the pale of what anyone would consider journalism. (My Huffington Post commentary on the case is here.)

But if her behavior was that egregious, then the plaintiffs should have had no problem convincing a jury that she acted negligently (or worse). The negligence standard is a vital constitutional protection regardless of whether those benefitting from it are sympathetic figures.

In order to prove libel, a plaintiff must show that information published or broadcast about him was false and defamatory. Starting with the 1964 case of New York Times v. Sullivan, the U.S. Supreme Court began to require a third element as well: fault. The regime that’s in effect today was solidified by the 1974 case of Gertz v. Robert Welch. Here’s what the courts mean by “fault”:

  • A public official or public figure must show that what was published or broadcast about him was done so with knowing falsity, or with “reckless disregard” of whether it was true or false.
  • A private figure must show that the defendant acted negligently when it published or broadcast false, defamatory information about the plaintiff.

U.S. District Judge Marco Hernandez, in his pretrial ruling, obliterated the fault requirement for any defendant except those he deems to be journalists, ignoring the Supreme Court’s longstanding position that the First Amendment applies equally to all of us — for the “lonely pamphleteer” as much as for major newspaper publishers, as Justice Byron White put it in Branzburg v. Hayes (1972).

Hernandez’s contention that journalists enjoy greater free-speech protections than non-journalists is an outrage, and should not be allowed to stand.

Making sense of that journalists-aren’t-bloggers ruling

In my latest for the Huffington Post, I take a look at that bloggers-aren’t-journalists ruling in Oregon. And I argue that the case has nothing to do with the shield law, and everything to do with the dangerous cultural schism between journalists and the rest of society — and a judge who wants to widen it.

PolitiFact puts Hard Drive-gate to rest

Hard Drive-gate appears to have faded away. But in case you were still wondering whether former governor Mitt Romney and his staff did anything wrong by destroying most of their electronic records when Romney left office in January 2007, the Pulitzer Prize-winning news organization PolitiFact says “no.” Its ruling:

The Romney administration’s decision to erase most electronic files is neither illegal nor unusual. According to state records officials, past governors such as Weld, Cellucci and Swift have not made their electronic records available to the state archive or to the incoming administration, according to state staff. They have submitted some computer print-outs to the state archive, but Romney did that, as well.

PolitiFact is no fan of Romney. Page through its “Pants on Fire” section — that is, statements deemed to be outrageous lies — and you’ll find that Mitt is well-represented. But it seemed pretty clear from the beginning that criticizing Romney’s staff for not turning over non-public electronic records was ridiculous. And so it was.

New York Times upgrades comments with Facebook

The New York Times unveiled a new online commenting system today. Jeff Sonderman of Poynter and Chris O’Shea of FishbowlNY cover the changes pretty thoroughly — as does Chris Lefkow of Agence-France Presse, who interviewed me for his story.

The Times deserves a lot of credit for taking comments seriously enough to do a rethink. The centerpiece to its new policy is that “trusted commenters” — invitation-only contributors with a track record of being thoughtful and civil — will be able to post without pre-screening as long as they are willing to do so using their Facebook accounts.

Why does Facebook matter? Yes, it’s the social network that we all love to hate. But it also requires its users to provide their real names. And we’ve all become accustomed to behaving a certain way on Facebook.

We share our pictures, we wish each other a happy birthday, we send cheery messages to friends from high school whom we haven’t seen in years. All of this is the antithesis of the nutty, often racist comments that pollute many newspaper sites.

Comments matter. They can be a way for news organizations to establish a community and carry on a conversation with their audience. They haven’t worked out as we might have hoped 10 years ago. But that’s no reason not to keep trying.

BostonGlobe.com wins two major Web awards

A little more than two months after its launch, BostonGlobe.com has won two major awards from the trade journal Editor & Publisher: Best Daily Newspaper Website and Best Overall Website Design. The Globe’s Boston.com site also won an award, for Best Entertainment Website. All three prizes were in the category of newspaper sites with at least one million unique visitors a month.

The so-called EPPY Awards are a recognition of the Globe’s innovative approach in designing its new paid site — a reliance on “responsive design,” based on HTML5, that allowed programmers to put together one website that adjusts itself to fit a variety of devices, from computers to smartphones.

In using the site, I’ve found that I have to do more clicking and scrolling than I’d like. It’s fine for reading a few stories, but not necessarily the whole paper. I’ve even reverted to GlobeReader on occasion, despite its being somewhat long in the tooth. But BostonGlobe.com is startlingly fast, which makes the clicking easier to deal with, and the design and usability have been improved here and there since its debut.

The real story, of course, is how many readers have signed up for paid digital subscriptions. And that’s a story that, so far, has yet to be told.

A Thanksgiving tale

Old friend Yvonne Abraham (OK, she’s not old, but I am) has a lovely story in today’s Boston Globe about a group of blind, mentally disabled friends who were rescued from the hell of the Fernald School by a caring, progressive staff member. It’s accompanied by a really nice video by Scott LaPierre. It’s a reminder that we all have much to be thankful for.

The absent women of “Page One”

Recently I gave a thumb’s-up to “Page One,” the documentary about the New York Times media desk. I did have a quibble:

As a friend observed, the documentary was heavily tilted toward men, which seems odd given that before it ends, we see the executive editor’s baton being passed from Bill Keller to Jill Abramson.

Now Jim Romenesko reports that two women on the media desk, Stephanie Clifford and Motoko Rich, were asked to take part and declined. Perhaps filmmaker Andrew Rossi could have tried a bit harder to get a female perspective, but now we know that he did make an attempt.

Romenesko and the perils of aggregation (III)

Jim Romenesko has written an understated but emphatic post on his new site about what really happened between him and Poynter Online editor Julie Moos. It’s painful to read, but it’s ameliorated by the fact that he emerged with his good name intact.

I think it’s safe to say that Poynter is going to have to respond. Nevertheless, it’s clear that Moos bungled a legitimate issue over Romenesko’s sometimes-hazy use of quotation marks, conflating his method of aggregating into an absurd accusation that he was unethical.

Earlier posts here and here.

A rant for the ages against the corporate media

James Craven

Following the most recent round of layoffs at GateHouse Media, one newly unemployed journalist decided he’d had enough. James Craven, who worked for GateHouse’s Norwich Bulletin in Connecticut, wrote a blog post headlined “Goodbye Norwich” in which he ripped into GateHouse management for deciding “to cannibalize the newspaper.”

You will not be surprised to learn that Craven’s post has been taken down. But thanks to the glories of Google’s cache feature, you can still read it here for what I’m sure will be a limited time. So click while it’s hot. (The Google cache version is now gone, but I’ve posted it as a PDF.)

Among other things, Craven writes that it’s his understanding the Bulletin is profitable, yet GateHouse laid off seven members of the newsroom staff. He continues:

[T]he most recently ordered layoffs will sap The Bulletin of nearly 20 percent of its newsroom staff. That will, of course, allow the president of Gatehouse Media to follow up on his $750,000 bonus to himself with an equally staggering and incongruous gratuity this year. Merry Christmas Mr. President.

Craven is referring to GateHouse chief executive Michael Reed, who did indeed receive a bonus of $750,000 last year. GateHouse president Kirk Davis got “only” $275,000. One other mistake: Craven prematurely offs Philip Meyer, who can now invoke Mark Twain.

Craven also writes:

The thing about reduced community coverage is that you do not notice it while it is happening. It is, if I may be so bold, like a cancer. It works below the surface, until one day when suddenly it becomes all too apparent. There will be referendums that may not be covered as fully. Some school functions — that first grade play that in the past featured your son or daughter — will be bypassed. On holidays, like Veterans Day, decisions will be made to forfeit coverage in some communities because there just is not an extra reporter.

According to Craven’s Twitter feed, he is “an award winning journalist but due to a corporate layoff is now job hunting.”

Craven has written a rant for the ages. And he raises an important point. We all know that the newspaper business (like most businesses) is struggling. What is less well-known is that many of these papers are making money, but are being ravaged by their corporate owners, which are staggering under the debt they took on to build their empires and whose executives remain addicted to paying themselves bonuses.

Craven comes across as a journalist who really cares, and I wish him well. I have no idea if he could make a go of it financially. But how great would it be if he started a Norwich community news site to compete with the Bulletin?