And then there was one?

Venture capitalist John Ellis, a former Boston Globe columnist who’s been nosing around the Globe situation for months, posted an intriguing tidbit [update: but apparently wrong; see below] on Twitter a little while ago:

there’s a rumor about that Platinum Equity declined to make a “final” bid on the Boston Globe. I wonder if its true.

If Platinum is out of the picture, that would presumably leave the group put together by former Globe executive Stephen Taylor as the only remaining interested buyer. But do Taylor and company have enough capital to get the New York Times Co. to say “yes”?

I also wonder if this might pave the way for a comeback by Boston businessman Jack Connors, whose proposal to take the Globe non-profit was left by the side of the road a few months ago.

Wednesday morning update: Well, so much for that rumor. The Globe’s Beth Healey reports that both groups submitted bids for the Globe, and that a third group submitted a bid for the Worcester Telegram & Gazette.

The Blutarsky theory of Red Sox futility

Blutto_20091013If you’re like me, you probably hadn’t thought about “Animal House” for many years, even though it is the greatest movie of all time.

So what were the odds of finding two Blutto Blutarsky references following the collapse of the 2009 Red Sox?

First, on Monday, the Boston Globe’s Dan Shaughnessy informed us, “In that moment, Papelbon was working on a string of 27 consecutive scoreless postseason innings. His career playoff ERA was John Blutarsky’s grade-point average: 0.00.”

Then, today, Gerry Callahan writes in the Boston Herald: “Guerrero flared a single to center, and just like that, the previous six months of Red Sox baseball was like Blutarsky’s seven years at Faber College: down the drain.”

Must be just a coincidence. (Thanks to Media Nation reader J.M.)

Libel battle won, but war remains lost

A battle has been won over a bizarre and dangerous decision by a federal appeals court earlier this year that truth may not be a defense in libel cases brought by private parties. Unfortunately, the war remains lost.

According to lawyer Robert Ambrogi, executive director of the Massachusetts Newspaper Publishers Association, a jury found recently that the office-supply chain Staples did not act with malice when a manager sent an e-mail to some 1,500 employees informing them he had fired a sales manager named Alan Noonan for violating the company’s travel and expense policies. (Ambrogi points to an article in the National Law Journal, but it’s subscription-only.)

As I reported earlier this year in the Guardian, the U.S. Court of Appeals for the First Circuit, in Boston, ruled that Noonan’s libel suit against Staples could proceed even though the contents of the e-mail were true. The court relied on an old provision of Massachusetts libel law pertaining to “actual malice,” which Judge Juan Torruella wrote should be defined as “ill will” or “malevolent intent.” Torruella earned a Boston Phoenix Muzzle Award for his anti-First Amendment decision.

Although Staples may not spring immediately to mind when one thinks about freedom of the press, the implications for the news media are obvious.

In the 1964 U.S. Supreme Court case of Times v. Sullivan, actual malice is defined as pertaining to a defamatory statement made with knowing falsity, or with “reckless disregard” for the truth. And though Times v. Sullivan applies solely to public officials, a series of subsequent decisions by the Court made it clear that a defamatory statement can never be found libelous if it is true — a principle asserted by free-speech advocates since the 1735 trial of John Peter Zenger.

First Amendment lawyers such as Ambrogi and Robert Bertsche wrote that Torruella should have thrown out the Massachusetts law, on the books since 1902, as unconstitutional in light of Times v. Sullivan.

So far, though, Torruella’s toxic handiwork remains in effect — at least in Massachusetts.

Hopelessness and hope in urban America

Regular readers know I’m closely following the New Haven Independent, among the most journalistically substantial of the non-profit community news sites.

This morning I want to share with you an astonishing story from the Independent on the state of urban America — a feature by Melissa Bailey on community volunteers who cleaned up the dried blood left behind in a three-family home after a recent murder.

Not to indulge in clichés, but it’s a story that quite literally combines hopelessness and hope. And the comments actually cohere into a worthwhile conversation.

Closer to home, if you missed Boston Globe columnist Yvonne Abraham’s Sunday piece on Maria Dickerson, a Springfield woman raising the four children left behind by her murdered friend, it’s not too late.

Good call running it on page one and giving Abraham the space she needed to tell the story properly.

Gay-activist numbers match tea-party protesters

Last month, a crowd that the Washington fire department estimated at somewhere between 60,000 and 70,000 turned out to protest against President Obama. (You may recall that Michelle Malkin passed along the fiction that 2 million people had showed up, and was forced to backtrack.)

By Washington standards, it was a decent turnout, but nothing remarkable. To judge by much of the coverage, though, you would have thought we were witnessing the final collapse of the Obama administration. Fox News covered it like a sporting event, with the tea-party protesters cast as the home team, and the self-loathing mainstream media struggled to follow suit.

Yesterday, a crowd at least that big marched in Washington on behalf of gay and lesbian rights. There has been no reported official estimate, but the New York Times reports that “tens of thousands” marched. So does the Washington Post. The organizers, Equality Across America, have reportedly placed the crowd at 150,000.

Yes, the gay activists got coverage. But even now, the march barely rates a mention on the home pages of CNN.com, MSNBC.com and FoxNews.com. How much do you think we’re going to hear about it in the days and weeks ahead?

Through the glass darkly

Boston GlobeFriday was deadline day for bidders seeking to make an offer to buy the Boston Globe and the Worcester Telegram & Gazette from the New York Times Co. And it appears there’s not much to report.

New York Times media reporter Richard Pérez-Peña writes that it’s not even clear whether the two contenders for the Globe, a group led by former Globe executive Stephen Taylor and California-based Platinum Equity, had submitted bids.

Each had reportedly offered to pay $35 million as well as assume pension liabilities of $59 million. Jessica Heslam had reported in the Boston Herald that the estimate of those liabilities had recently been revised upward to $115 million. Pérez-Peña quotes sources who confirm the upward revision, but suggest the error was not quite as great as that.

It’s hard to know what to believe. I can tell you that I’ve heard the actual pension liabilities may be even higher than what Heslam’s sources told her. The truth may be that such estimates are hard to nail down, and that opinions differ.

Meanwhile, Telegram & Gazette reporter Shaun Sutner breaks the news that former T&G editor Harry Whitin is involved in a group that is seeking to buy the paper separately — the first indication that the Globe and the T&G might be split up. (The Globe runs the story as well.)

The money guy is identified as Ralph Crowley, the president and CEO of Polar Beverages.

The Times Co. bought the Globe in 1993 for $1.1 billion and the T&G in 2000 for $296 million.

Several months ago, a T&G source explained to me all the multifarious ways that Globe and T&G operations had been combined over the years. I was left with the distinct impression that it would be an expensive proposition to try to separate the two at this point.

But if the two papers end up with different owners, I suppose it wouldn’t be that difficult for them to reach an agreement to continue joint operations that make sense.

Deadline day for the Boston Globe sale

Tomorrow is the day that the New York Times Co. has set to accept final offers to sell the Boston Globe. And Media Nation is picking up some well-informed buzz that things are not going well with either of the two prospective buyers — a group led by former Globe executive Stephen Taylor or Platinum Equity, owner of the San Diego Union-Tribune.

Like any reader of the Globe, I have a rooting interest in this. I’d like to see the Taylors make a comeback. But even if they can pull this off, you have to wonder if they’ll be so under-capitalized that the cutting will resume almost immediately.

Dear Next Owner of the Boston Globe …

On the eve of what may be an announcement that the New York Times Co. is selling the Boston Globe, Boston.com editor David Beard weighs in with a smart piece for Poynter Online on “10 hopeful points about the future of journalism.”

Although perhaps Dave missed Dan Gillmor’s 11th rule.