An ugly confrontation leads to an apology

[youtube http://www.youtube.com/watch?v=oXvEQIzsEK4&w=500&h=284]

The first time was kind of funny. On Wednesday it got quite a bit uglier than that.

New Haven Independent managing editor Melissa Bailey showed up a little before 10 a.m. at the Roberto Clemente Leadership Academy for a scheduled interview with the principal, Pam Franco. Management of the K-8 school was turned over to a private contractor this year as part of the city’s nationally recognized education-reform program.

Waiting for Bailey was Chris Hoffman, spokesman for the New Haven Public Schools. Hoffman, Media Nation readers may recall, was the star of an amusing video standoff with Bailey last May. This time, though, he jumped ugly when Bailey tried to shoot video of him. He lost his temper, pushed her camera down and can be heard uttering what sounds like an F-bomb into his cellphone as he walks away from her.

He then stomps back toward Bailey with the order: “Turn the camera off.”

Bailey: “Please stop. I’m in a public place, Chris.”

Later in the day, Hoffman contacted the Independent and issued the following statement: “I apologize to Melissa Bailey for my conduct today. It was wrong and unprofessional, and I deeply regret my actions.”

Here is Bailey’s account of what happened.

The great newspaper retrenchment of 2012

I’ve got a piece up at the Nieman Journalism Lab predicting that 2012 will be the year of “the great newspaper retrenchment” — an embrace of paywalls and tradition, and a deliberate turning-away from the need to reinvent a business whose long-term prospects remain bleak.

Nieman’s “Predictions for Journalism 2012” series is well worth checking out. I plan to sit down and read them all when I get a chance.

Is the Times Co. ready to sell the Boston Globe?

Within days of Janet Robinson’s sudden retirement as chief executive of the New York Times Co., word leaked that the company was looking to sell its smaller papers in the South and the West.

Which raises a question: Is the Times Co. finally ready to sell the Boston Globe? I review the rocky history of Times Co. ownership in my latest for the Huffington Post.

Mapping the arrest of journalists at Occupy events

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Josh Stearns of Free Press has been tracking the arrest of journalists at Occupy events for the past several months. Now he’s put together a Google map with names, places and, where available, video. An interesting project and a valuable resource.

When Christopher (maybe) met Henry

I did not realize until reading one of the many obituaries about Christopher Hitchens that he’d written a short book about Thomas Paine’s “Rights of Man.” I think I’ll make it my next read.

There are a lot of well-deserved tributes to Hitchens today. I was especially moved by Ian McEwan’s in the New York Times. Turned out Hitchens was a man who faced death with bravery and even scorn right up to the end.

In March of 2001, I wrote an overview for the Boston Phoenix of Hitchens’ devastating portrayal of Henry Kissinger, first published in Harper’s and later turned into a book titled “The Trial of Henry Kissinger.”

Which calls to mind my one and only Hitchens anecdote. I can’t remember where I picked it up, and it has the ring of something that ought to be true rather an actual occurrence. But, supposedly, Hitchens was once introduced to Kissinger at a party. Kissinger’s eyes narrowed while Hitchens waited nervously to see what the former secretary of state would say.

“So, you called me a war criminal,” Kissinger told Hitchens.

Hitchens averred that, yes, he had, but that he’d also called Bill Clinton a war criminal because of his air strikes in the former Yugoslavia.

“Bill Clinton,” Kissinger was said to have replied, “doesn’t have the moral courage to be a war criminal.”

If it didn’t actually happen, it damn well should have.

What will Robinson’s departure mean for the Globe?

Janet Robinson

What will the apparently less-than-pleasant departure of New York Times Co. chief executive Janet Robinson mean for the Boston Globe, its second-largest newspaper?

Obviously it’s way too early to say. But no sooner had the word gone out last night than Globe editor Marty Baron tweeted, “Grateful for her support of the @bostonglobe: New York Times CEO Janet Robinson to retire.” Not that it’s possible to read too much meaning into that.

On the other hand, Financial Times columnist John Gapper read plenty of meaning into the Times’ own account of Robinson’s retirement, tweeting, “Sulzberger fired Robinson, according to NYT (in ninth para)” (via the inestimable Jack Shafer). And what does that ninth paragraph say?

Last Friday, Mr. Sulzberger called a meeting with Ms. Robinson on the 15th floor of the company’s Manhattan headquarters. He raised the issue of installing a different type of leadership at the company, according to people familiar with the meeting who declined to be identified discussing confidential company business.

The Times Co. has done a far better job than most newspaper companies of transitioning to the digital age. The Times and the Globe have pioneered the introduction of flexible paid digital editions. Moreover, both papers are performing financially much more strongly than they were when the bottom nearly fell out of the entire industry back in 2009. So you’d think Robinson would be on the plus side on those two key issues.

Nor do I think it’s credible to believe she was ousted because of the Times Co.’s collapsing stock price. As Ira Stoll notes at Future of Capitalism (via Romenesko), $10,000 worth of stock in 2004, the year she took over, would be worth $1,855 today. But that’s an industry-wide trend, and, seen in the context of major newspaper companies like Tribune falling into bankruptcy, the Times Co. seems to have done rather well.

So it will be very interesting to see what the real reason is for her abrupt, well-compensated ($4.5 million next year) departure.

Unrelated observation: Given their travails of recent months, how cool is it that I’m able to credit both Jack Shafer (now with Reuters) and Jim Romenesko in the same blog post? The natural order has been restored.

Romney didn’t really call Gingrich “zany”

You may have heard that Mitt Romney called Newt Gingrich “zany” in an interview with the New York Times — a rather incendiary charge that’s now burning its way through the political Web. A quick sampling:

  • “A sharper knife came out Wednesday, with Romney expanding his personal attacks on Gingrich. He started with the New York Times, saying of Gingrich,’zany is not what we need in a president.'” (Politico)
  • “Mitt Romney escalated his criticism of Newt Gingrich’s temperament Wednesday, calling the former House speaker ‘zany’ in an interview with The New York Times.” (CNN.com)
  • “His attacks growing ever more personal, Mitt Romney on Wednesday questioned chief rival Newt Gingrich’s temperament, spending habits and allegiance to both the GOP and the middle class while hecklers confronted Gingrich in the lead-off caucus state. During a series of interviews while fundraising in New York, Romney told one media outlet that ‘zany is not what we need in a president’ and another that Gingrich had ‘an extraordinary lack of understanding of how the economy works.'” (Associated Press)

And there’s plenty more where that came from. So would it surprise you to learn that claiming Romney called Gingrich “zany” is barely half-true?

In fact, this is a media-created controversy. The Times put the word in Romney’s mouth, and Romney, as maladroit a candidate as I’ve seen in my lifetime, repeated it. If this little incident backfires on Romney, he surely deserves some of the blame. But, anyway, let’s roll the tape. If you would like to watch, start at about the 3:00 mark. Times reporter Jeff Zeleny is asking Romney about Gingrich:

Zeleny: He has big ideas sometimes, and it seems that he is sort of rapid fire with his thought. Do you think that the American voters are getting enough of a sense of what he might do? Or is there some worry that as president, should he win, that there might be some zany things coming from the Oval Office?

Romney: Well, zany is not what we need in a president. Zany is great in a campaign. It’s great on talk radio, it’s great in the print. It makes for fun reading. But in terms of a president, we need a leader. And a leader needs to be someone who can bring Americans together. A leader needs to be someone of sobriety and stability.

So there you have it. Zeleny, not Romney, called Gingrich “zany,” and Romney went with the flow rather than disagree. If you keep watching, you’ll see Zeleny ask Romney whether he considers Gingrich “unstable,” a reference to Romney’s use of the word “stability.” Romney does not rise to the bait.

Despite what actually happened, the Times story, on which Zeleny takes the lead byline, begins like this:

Mitt Romney, his presidential aspirations suddenly endangered by Newt Gingrich’s rapid resurgence, is employing aggressive new arguments in an effort to disqualify Mr. Gingrich as a credible choice to Republicans, calling him “zany” in an interview on Wednesday and questioning his commitment to free enterprise.

Nor is there any further clarification deeper in the story. And it gets worse, as columnist Gail Collins says of Romney, “Zany really is a pretty unusual word. Why do you think he chose it?” Well, gee, Gail — he didn’t. You only write two columns a week. Would it be too much to ask that you at least watch the edited version of your own paper’s interview?

At this hour, there’s no way of knowing how the “zany” matter is going to play. Will Romney be characterized as looking strong or desperate? I don’t want to make excuses for Romney. He should have sensed danger, he failed to do so and now he may pay a price for it.

But he didn’t really call Gingrich “zany.”

Correction: Spelling of Zeleny’s name now fixed.

PolitiFact and the limits of fact-checking

The Pulitzer Prize-winning website PolitiFact.com is taking heat from liberals and conservatives alike these days. In my latest for the Huffington Post, I argue that the problem is with the genre itself: perceptions about politicians aside, there just aren’t enough lies to feed the fact-checking beast.

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.