Poynter’s Tom Jones renders a nuanced verdict on Kevin Cullen’s ethical lapse

Poynter media columnist Tom Jones has weighed in with a lengthy commentary about Boston Globe columnist Kevin Cullen’s decision to sign a legally required form that a terminally ill woman needed in order to proceed with her physician-assisted suicide — a story that he was reporting on, and that was published by the Globe last Friday.

Jones’ conclusion is reasonable, and it’s helped me think through my own conflicted beliefs about what has unfolded. Jones’ bottom line: Cullen committed a serious breach of ethics in going along with Lynda Bluestein’s request, which I’m sure we can all agree on; and Globe executive editor Nancy Barnes made the right call in publishing the story anyway and appending a detailed editor’s note to it. Jones writes:

Two things can be true at the same time: We can acknowledge that Cullen certainly crossed journalistic lines. He should not have signed the form. Even the Globe and Cullen don’t disagree.

But we can also acknowledge that Globe readers benefited from this compelling story and, more importantly, that it would have been a shame had the piece been dropped. The Globe essentially owed it to Bluestein and her family to publish their deeply personal story.

I think I agree, but what a mess. Sadly, Cullen’s lapse of judgment has cast a pall over the story, which features not just strong reporting and writing by Cullen but also vibrant photography by Pulitzer Prize winner Jessica Rinaldi. What should have been a triumph of narrative storytelling and photojournalism that helped our understanding of a difficult topic has instead turned into a case study of journalistic ethics. After all, one of the four principles of the Society of Professional Journalists’ Code of Ethics is “Act Independently.” The code explains: “Avoid conflicts of interest, real or perceived. Disclose unavoidable conflicts.”

One question I’ve had from the start is when Barnes found out about Cullen’s actions. According to the Globe, Bluestein asked Cullen and a member of a documentary film crew to sign the document last August; Bluestein died Jan. 4. Without citing a source, Jones writes that “it’s believed that senior editors, including Barnes, weren’t aware of that fact until months later — when Cullen turned in his story after Bluestein’s death in January.”

Cullen declined Jones’ request for comment, but Barnes talked with him, saying in part: “We considered the fact that Lynda and her family opened their homes to us, opened their lives, gave themselves to us for months on end, and trusted us with an incredible amount of access. So that weighed on us, too.… She trusted us to tell her story.”

What makes the entire situation especially fraught is that Cullen was suspended for three months in 2018 after it was learned that he’d made up details in public comments — but not in his work for the Globe — about his involvement in covering the 2013 Boston Marathon bombing.

Cullen has been a welcome voice in the Globe for many years, but all any of us can say about this latest ethical lapse is: What could he have been thinking?

Earlier:

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A riveting Boston Globe story about a medical disaster with ties to the local news crisis

St. Elizabeth’s Medical Center in 2012. Photo (cc) by John Phelan.

If you haven’t seen The Boston Globe’s story about a mother who died shortly after giving birth, perhaps because the hospital lacked a device it needed to stop her bleeding, then you have to stop what you’re doing and give it a read. Globe reporter Jessica Bartlett’s 2,800-word story is both riveting and incredibly disturbing. It’s also so well-crafted that I asked my intermediate reporting students to read it in class so we could talk about how it was put together.

Bartlett skillfully shifts back and forth between the frantic attempts to save Sungida Rashid’s life and the larger crisis at St. Elizabeth’s Medical Center, the Brighton hospital that Rashid and her husband, Nabil Haque, had chosen for the birth of their first child. We learn that St. Elizabeth’s did not have the device, known as an embolism coil, because the hospital’s supply had been repossessed. It turns out that Steward Health Care, a for-profit company that owns St. Elizabeth’s and eight other hospitals in Massachusetts, hadn’t been paying its bills.

Incredibly, Haque didn’t know that devastating fact until the Globe informed him about it after he and his daughter had moved back to Bangladesh.

The major question a reader might have after reading the story was how St. Elizabeth’s and Steward had fallen into such a financial mess. That story is laid out in an earlier story by Bartlett and in a column by Globe business columnist Larry Edelman, who explain that a private equity firm known as Cerberus Capital Management had bailed out the hospitals in 2010. According to Edelman, Cerberus quadrupled its money and flipped the hospitals in 2017.

As Edelman points out, Cerberus is “named after the three-headed dog that guards the gates of Hades in Greek mythology.” The firm is also deeply involved in the destruction of the newspaper business. In 2021, Julie Reynolds reported for Nieman Lab that Cerberus was the financial backer for the notorious hedge fund Alden Global Capital when it acquired Tribune Publishing’s nine major-market daily newspapers, including the Chicago Tribune, The Baltimore Sun and the Hartford Courant. Cerberus gets much of its money, in turn, from investments made by public employee pension funds, especially in California and Pennsylvania.

Reynolds talked about the Alden-Cerberus connection on our “What Works” podcast back in November 2021.

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Biden’s big write-in win shows why Dems should drop their bid to erase the NH primary

Photo (cc) 2014 by Billy Hathorn

I think the biggest story coming out of the New Hampshire primary is that President Biden absolutely kicked butt while running as a write-in. That’s not easy to do, and if Dean “Who?” Phillips had turned in a showing that was even mildly respectable, it’s all the media would be talking about. Since New Hampshire is obviously not going to give up its first-in-the-nation primary, the Democrats might want to rethink their attempts to make it go away.

Beyond that, what can anyone say? It looks like Donald Trump beat Nikki Haley by about 11 points in what just about every political observer believes will be her best state. It’s only going to get worse from here. No one would be surprised if she endorses Trump at Mar-a-Lago by Friday, assuming that can be scheduled around his multiple court appearances.

For many years I had a gig as a weekly columnist for The Guardian and, later, for GBH News. My practice on mornings like this was to round-up morning-after commentary and try to make sense out of it. I am so glad I don’t have to do that this time beyond a few brief observations here. I’ll confess that I didn’t even pay attention to the Iowa caucuses, and only watched a bit of cable news Tuesday night. I should add that I asked my graduate students to come in this afternoon with an example of a story from New Hampshire that they think is illuminating in some way, which I guess makes me a sadist.

One pre-New Hampshire story I want to call your attention to is this article in The New York Times by Michael C. Bender and Nicholas Nehamas. It’s labeled “Political Memo,” which is supposed to signal the reader that the piece combines reporting, analysis and opinion. The headline itself is remarkable (“The Emasculation of Ron DeSantis by the Bully Donald Trump”), but the lead is even more noteworthy:

Donald J. Trump plumbed new depths of degradation in his savage takedown of Gov. Ron DeSantis of Florida, a yearlong campaign of emasculation and humiliation that helped force one of the party’s rising stars out of the presidential race after just one contest and left him to pick up the pieces of his political future.

Wow. I often have problems with the way the Times both-sides its day-to-day political coverage, but this is some vivid writing in the service of truth-telling. Here’s a free link, so please read the whole thing. As Josh Marshall wrote at Talking Points Memo, “it suggested to me at least some shift in dropping the pretense of conventional news coverage for conventional politics and approaching the quite unconventional story of what is really on its own visceral and physical terms.”

It also represented a break from the “two flawed candidates” narrative that we’re going to hear over and over (and over) for the next 10 months — as if the contest between Biden and Trump didn’t offer the starkest choice since 1860.

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A lament for the downsizing of middleweight media

I guess it’s Ezra Klein Week at Media Nation, because he published something earlier this week that’s getting a lot of buzz: a lament for the downsizing of the music website Pitchfork, which is being absorbed by GQ, a sister publication in the Condé Nast universe.

Klein’s argument is that the largest media outlets, like The New York Times and a very few others, are doing all right, as are the smallest, such as one-person paid newsletters on Substack. It’s the middle, represented by publications such as Pitchfork, BuzzFeed News, Vice and HuffPost, that’s being lost. Klein writes (free link):

You can thrive being very small or very big, but it’s extremely hard to even survive between those poles. That’s a disaster for journalism — and for readers. The middle can be more specific and strange and experimental than mass publications, and it can be more ambitious and reported and considered than the smaller players. The middle is where a lot of great journalists are found and trained. The middle is where local reporting happens and where culture is made rather than discovered.

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The Washington Post’s new publisher drops some hints

For those of us who are wondering how The Washington Post’s new publisher, William Lewis, plans to revive Jeff Bezos’ sagging paper, he provided a few hints over the weekend at Davos. He talked about doing more to surface Post journalism that tends to be buried under the paper’s investigative reporting and voluminous coverage of politics. Specific areas he identified are “climate, well-being and sports,” according to Semafor (scroll down to “The Post’s Smorgasbord.”)

Climate makes sense because the Post has made it a real priority, and it may be one of the few areas in which the paper can distinguish itself from The New York Times, although the Times’ climate coverage is excellent as well. Well-being? Does Lewis really want to compete with the Times’ Well section? As for sports, maybe Lewis sees an opportunity given that the Times has offloaded its sports coverage to its subsidiary The Athletic and that Sports Illustrated may be on the verge of going under. Here’s a thought: Why not acquire SI and run it as a Post vertical?

Lewis also talked about dynamic pricing for subscriptions. I have no idea what that means except that it generally refers to charging some people more than others.

The overall strategy, as Semafor describes it, is to “focus on improving the packaging of the Washington Post’s existing journalism, rather than expensive new initiatives.” No surprise — the money-losing paper is unlikely to go on a hiring spree right after cutting 240 jobs. And it still has one of the largest newsrooms in the country.

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How the NY Times over-interprets its reporting about billionaire media owners

Jeff Bezos. Photo (cc) 2019 by Daniel Oberhaus.

The New York Times has published a story (free link) that calls into question the rise of billionaires who own news organizations, noting that The Washington Post under Jeff Bezos, the Los Angeles Times under Patrick Soon-Shiong and Time magazine under Marc Benioff are all losing money. True enough. My problem with the story is that reporters Benjamin Mullin and Katie Robertson try too hard to impose an ubertake when in fact there’s important background with each of those examples. Mullin and Robertson write:

All three newsrooms greeted their new owners with cautious optimism that their business acumen and tech know-how would help figure out the perplexing question of how to make money as a digital publication.

But it increasingly appears that the billionaires are struggling just like nearly everyone else. Time, The Washington Post and The Los Angeles Times all lost millions of dollars last year, people with knowledge of the companies’ finances have said, after considerable investment from their owners and intensive efforts to drum up new revenue streams.

The role of wealthy newspaper owners is something of ongoing interest to me. My last book, “The Return of the Moguls” (2018), focused on the Post, The Boston Globe and the Orange County Register in Southern California, owned by a rich Boston-area businessman named Aaron Kushner. At the time the book came out, the Post was flying high, the Globe was muddling along and the Register was failing; it eventually fell into the hands of the slash-and-burn hedge fund Alden Globe Capital. The Post’s and the Globe’s fortunes have since moved in opposite directions.

Here are the particulars that get glossed over in Mullin and Robertson’s attempt to impose an overarching framework:

• Bezos, who bought the Post in 2013, made deep investments in technology and built up the staff. The result was years of growth and profits, which only came sputtering to a halt after Donald Trump left the White House. Former executive editor Marty Baron, in his book “Collision of Power,” suggests that, over time, a disciplined approach to hiring became more lax. In other words, the Post got ahead of itself and is now in the midst of a reset. A new publisher, William Lewis, begins work this month, and we’ll see if he can articulate a strategy that amounts to more than “just like the Times only not as comprehensive.”

• Benioff bought a dog and, predictably, it’s going “woof woof.” Time was the largest of the Big Three newsweeklies, along with Newsweek and U.S. World & News Report; it’s also the only one of the three that still exists in a somewhat recognizable form. Newsweeklies succeeded because, pre-internet, you couldn’t get great national papers like the Times, the Post and The Wall Street Journal delivered to your doorstep. Not only is there no discernible reason for them to exist anymore, but the leading newsweekly these days, at least in terms of cachet, is The Economist.

• Not all billionaire owners are in it for the right reasons, and Soon-Shiong has proven to be an uncertain leader. Does he care about the Los Angeles Times or not? He’s built it up; now he’s tearing it down. He recently pushed out his executive editor, Kevin Merida, the most prominent Black editor in the country, and he’s done some truly awful things such as delivering Tribune Publishing’s papers to Alden Global Capital and more recently selling The San Diego Union-Tribune to Alden.

So what does that tell us about billionaire owners? Not much. As Mullin and Robertson acknowledge, some are doing just fine, including The Boston Globe under John and Linda Henry and The Atlantic under Laurene Powell Jobs. They could have also mentioned the Star Tribune of Minneapolis under Glen Taylor or, for that matter, The New York Times, a publicly traded company that is nevertheless under the tight control of the Sulzberger family. I don’t think the Sulzbergers are billionaires, but they are not poor.

At the moment, it seems that the only two viable models for large regional dailies is individual ownership by wealthy people who are willing to invest in future profitability and nonprofit ownership, either in the form of a nonprofit organization owning a for-profit paper, as with The Philadelphia Inquirer and the Tampa Bay Times, or a paper that goes fully nonprofit, as with The Salt Lake Tribune and The Baltimore Banner. The Banner is a digital startup that nevertheless is attempting to position itself as a comprehensive replacement for The Baltimore Sun. The Sun, in turn, was one of the Tribune papers that Soon-Shiong helped gift-wrap for Alden, and just this past week was sold to right-wing television executive David Smith.

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Troubled SI lays off staff and faces an uncertain future

Sports Illustrated, once among the finest magazines in the country and a model of great narrative journalism, is laying off its entire staff, according to Front Office Sports. SI was recently called out for running sponsored content with fake author profiles generated by artificial intelligence. I doubt this is the end of the road, though. The brand is heavily tarnished at this point, but I can’t imagine that someone won’t want to give it a shot.

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Students and AI weigh in on updating the SPJ’s Code of Ethics

Say hello to the new ethics committee. Photo (cc) 2012 by D J Shin.

The Society of Professional Journalists’ Code of Ethics identifies four broad principles: Seek Truth and Report It; Minimize Harm; Act Independently; and Be Accountable. Each of them is fleshed out in some detail. You will note that the slippery concept of objectivity is not mentioned. These days most journalists believe, as I do, that truth-seeking, independence and fairness are the standards to which we should aspire, and that holding up objectivity as a goal only leads to endless debates over what that actually means.

On Wednesday evening, I asked students in my graduate ethics seminar to come up with a fifth principle. There are only eight students in the class, so I had them work in teams of two. I also asked the gremlins of artificial intelligence to weigh in. But first, here’s what my students came up with; I’ve edited them very lightly.

Listen to Others 

  • Be open to feedback
  • Promote cooperative relationships between journalists and the public
  • Be receptive to events in the world
  • Be open to a community that is not your own

Admit Limitations, Accept Your Own Bias

  • Don’t hide your own humanity
  • Accept that you can’t be objective
  • Accept you may not be able to follow all ethics codes all the time
  • Welcome criticism

Respect Relationships with Sources 

  • Don’t get so close with sources that personal feelings might get in the way of reporting
  • Protect them if they will be harmed for their sharing of the truth
  • Provide full disclosure to the sources of what the article is about and where it is being published

Create Spaces for Untold Stories 

One of the main priorities of a journalist should be to be prepared to fight for those who struggle. Journalists should:

  • Be righteous
  • Be brave
  • Create a sense of justice
  • Not be afraid to correct mistakes within their stories
  • Report on marginalized communities and use their personal resources to continue sharing information

I think these are terrific. The SPJ Code provides a pretty wide umbrella, so it’s not easy to come up with a fifth principle that isn’t already covered. But these proposals represent some fresh thinking. The “full disclosure” idea is important because when we’re interviewing people who aren’t accustomed to dealing with reporters, they may not understand the full implications of having their name, their quotes and in some cases their photos put before the public. And I love “Be brave.” That’s obviously true for, say, war correspondents. But journalists also have to deal with a rising wave of harassment and threats, both online and in real life. If they find that they’re unable to stand up to that, then they are not going to be able to serve their community. (They also shouldn’t be expected to put up with harassment, and newsrooms need to develop anti-harassment training and policies.)

Now … what about AI? While my students were working, I took the lazy way out and asked a couple of AI programs to come up with a fifth principle. Here’s the question I asked: “The Society of Professional Journalists’ Code of Ethics has four principles: Seek Truth and Report It; Minimize Harm; Act Independently; Be Accountable. What would be a worthwhile fifth principle?” Once I finished playing, I deleted the answers and then asked them again so my students could watch everything unfold in real time. And here’s the answer from ChatGPT:

The addition of a fifth principle to the Society of Professional Journalists’ Code of Ethics could focus on promoting transparency. Here’s a suggestion:

“Foster Transparency: Journalists should strive to maintain transparency in their reporting processes, disclosing sources, conflicts of interest, and methodologies to enhance the credibility and trustworthiness of their work. By being transparent, journalists contribute to a more informed public and uphold the integrity of journalism.”

Not bad. Now, this is ChatGPT 3.5. You have to pay for the latest version, 4.0, and I’m obviously not going to do that. But I also asked the same question of Google Bard. As I understand it, the version that’s available to the public represents Google’s best tech. So here’s the answer:

There have been many suggestions for a fifth principle to the SPJ Code of Ethics, each reflecting evolving priorities and challenges in the journalism landscape. Here are some intriguing options to consider:

1. Foster Inclusivity and Diversity: This principle could emphasize the importance of representing marginalized voices, amplifying underrepresented perspectives, and ensuring newsrooms and reporting reflect the rich tapestry of society. It could challenge journalists to actively seek out diverse sources, challenge their own biases, and avoid harmful stereotypes.

2. Uphold Digital Responsibility: This principle would address the unique ethical challenges of the digital age, such as misinformation, disinformation, and privacy concerns. It could encourage journalists to verify information meticulously, source responsibly, and be transparent about online tools and methods.

3. Champion Civic Engagement: This principle could encourage journalists to go beyond informing the public and actively engage citizens in civic discourse. It could promote collaborative reporting, fact-checking initiatives, and platforms for audience participation, empowering the public to be informed participants in democracy.

4. Protect the Vulnerable: This principle could emphasize the need to protect vulnerable individuals and communities from exploitation or harm through reporting. It could call for sensitivity in covering sensitive topics, ensuring informed consent, and avoiding sensationalism that could endanger individuals.

5. Champion Transparency and Openness: This principle could focus on promoting transparency within the media itself, advocating for open access to information, and holding powerful institutions accountable. It could encourage self-reflection within journalism, critical examination of industry practices, and fostering a culture of ethical news consumption.

Ultimately, the “best” fifth principle is subjective and depends on the priorities and concerns of the journalism community at any given time. Each suggestion above addresses a critical aspect of ethical journalism in the 21st century, and ultimately, the decision lies with the SPJ and its members to determine which principle would best serve the mission of responsible and ethical journalism.

I hope this provides a helpful starting point for your exploration of this important topic!

This is pretty good. My students were meh about the ChatGPT answer but were impressed with Bard. If you’ve played with either of these programs, you know that the answer comes up almost instantaneously, which in itself is an impressive feat. I also think that though “Uphold Digital Responsibility” is fine as far as it goes, it should state explicitly whether or not AI is being used to help with reporting and writing.

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Marty Baron says news outlets should consider suing their tormenters for libel

Photo (cc) 2017 by Álvaro García Fuentes

Retired Washington Post executive editor Marty Baron writes about an unusual idea in his recent book, “Collision of Power.” Baron thinks that the time has come for news organizations to turn the tables on their tormenters and sue them for libel. Think of it like Dominion Voting System’s lawsuit against Fox News, which brought a $787.5 million settlement, except that the plaintiff would be a media outlet rather than a voting-machine company.

In his book, Baron observes that Donald Trump and Ron DeSantis have both suggested that the law should be changed to make it easier for public officials and public figures to bring (and win) libel suits. He writes:

Legacy media have always vigorously defended against libel suits. Rarely have they brought defamation lawsuits of their own. What good could come of pursuing the sort of litigation we deplored? However, those who smear us find comfort in the expectation that, while we might complain, we’re unlikely to sue. We have rendered ourselves sitting ducks for slander.

I don’t want mainstream journalists to behave like warriors in the practice of their craft, but neither do I want us to suffer attacks on our character without fighting back. Winning in the court of public opinion may require, at times, going to court. If DeSantis, and copycat governors, make it easier for defamation plaintiffs to prevail, perhaps we should make some of those victories our own.

The reason I’m bringing this up now is that Baron expanded on the idea in a recent appearance on “Double Take,” a podcast produced by Newton Investment Management. Baron was interviewed by two Newton analysts, Rafe Lewis (formerly of The Boston Globe) and Jack Encarnacao (formerly of the Boston Herald). It’s a sharp interview, and well worth a listen.

As befits a podcast hosted by a financial firm, much of the conversation covered the revival of The Washington Post as a business under the ownership of Jeff Bezos. Unfortunately, the Post has gone backwards since Baron departed, and neither Lewis nor Encarnacao asked him about it. No doubt if they had, Baron would have simply said he’s not there anymore. But the Post lost a reported $100 million in 2023 and is shedding staff with the same alacrity that it was adding bodies a few years ago.

A new publisher, William Lewis, began work this month. In “Collision of Power,” Baron offers a mixed assessment of Lewis’ predecessor, Fred Ryan. Perhaps Lewis, a former publisher of The Wall Street Journal and CEO of Dow Jones, will come up with a strategy for Post to thrive in the post-Trump era — that is, if we’ve even entered the post-Trump era.

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An odd Suffolk/Globe/USAT poll on Israel and Hamas

I want to call your attention to what strikes me as a very odd poll that’s in today’s Boston Globe. A Suffolk University/Boston Globe/USA Today poll surveyed 1,000 New Hampshire voters and asked them about the war between Israel and Hamas. Support for Israel was high — 48.6%, with 15.8% supporting the Palestinians and 14.7% sympathizing equally with both sides.

But here’s the question that has me flummoxed: “When it comes to the conflict between Israel and Hamas, what do you think the US goal should be right now?” Take a look at the responses:

Respondents only got to pick one answer. Yet if a pollster had asked me this question, I would have answered “yes” to all four, with one caveat: I’d support a cease-fire only if it were accompanied by a demand that the hostages being held by Hamas be released simultaneously. Otherwise, provide military aid to Israel? Push for a cease-fire (and the release of the hostages)? Advocate for a two-state solution? Insist that Netanyahu step down? Yes, yes, yes and yes. I suppose the first two questions, calling for Israel to “eliminate Hamas” versus pushing for a cease-fire, are binary. But I’d have answered “yes” to both anyway because I support military aid to Israel and peace and justice.

I can’t imagine I’m alone in my thinking. Given that, I’m not sure that these polls results have any value. And I guess I’d have been with the 2.1% who refused to answer.

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