Outing an anonymous commenter leads to a libel suit against Nieman Lab

Is it acceptable for a website operator to make use of registration data not known to anyone else in order to expose the identity of an offensive commenter? That’s one of the main issues in a libel suit against Nieman Journalism Lab founder Joshua Benton. Bill Grueskin explains the case in detail at the Columbia Journalism Review. (Disclosure: I know and like Benton, and wrote for him from time to time when he was the Lab’s editor; he is still a staff writer. I continue to contribute to the Lab occasionally.)

Way back in 2008, when the internet was still powered by coal, The Eagle-Tribune of North Andover did something similar. I wrote about it at the time. A Haverhill city councilor was caught posting to the newspaper’s website under 38 different screen names. The Eagle-Tribune outed him using information no one else could have known, arguing:

The average citizen does not take an oath to serve the public. An elected official does. An attempt to deceive the public is clearly not serving it, and a public official who does so is not only undeserving of the protection of confidentiality, but deserves public criticism.

Two differences between the cases. First, the person suing Benton, former Temple University journalism professor Francesca Viola, is not a public official. Second, Viola claims that in addition to exposing her for comments she made at Nieman Lab, Benton also attributed to her anti-Muslim comments made on another site — and she contends she did not make those comments.

As Grueskin notes, these problems can easily be avoided by requiring commenters to register and post under their real names. But, he adds, “an administrator can’t have it both ways, promising anonymity and then using special access to expose someone’s identity.” I agree — and I remain troubled by the choice that The Eagle-Tribune made nearly 13 years ago as well.

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Garland makes good on Biden’s promise to stop harassing the press

Attorney General Merrick Garland. Photo (cc) 2016 by Senate Democrats.

Give President Joe Biden credit for having a keen understanding of what it takes to hold together his Democratic-liberal-progressive coalition.

When he said in May that it was “simply, simply wrong” for the government to spy on journalists, I was skeptical that he would follow up his sentiment with concrete action. After all, he was vice president under Barack Obama, whose harassment of reporters in his campaign against leaks was legendary. Other presidents also thought nothing about going after reporters, including Donald Trump, George W. Bush and, of course, Richard Nixon.

But press secretary Jen Psaki followed up by assuring reporters that Biden meant what he said. And, on Monday, it came to fruition with Attorney General Merrick Garland’s announcement that the administration would stop attempting to seize journalists’ records in nearly all circumstances. In a memo quoted by The New York Times, Garland wrote:

The Department of Justice will no longer use compulsory legal process for the purpose of obtaining information from or records of members of the news media acting within the scope of news-gathering activities.

Bruce Brown, executive director of the Reporters Committee for Freedom of the Press, issued a statement of approval, saying:

The attorney general has taken a necessary and momentous step to protect press freedom at a critical time. This historic new policy will ensure that journalists can do their job of informing the public without fear of federal government intrusion into their relationships with confidential sources.

Technically, Garland was acting on his own. The attorney general is supposed to be independent of the president. But Garland could hardly continue with the anti-press policies of Biden’s predecessors after Biden himself had spoken out so strongly in favor of reform.

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Garland’s actions come in response to some truly shocking actions undertaken by the Trump administration, some of which spilled over into the first few months of the Biden presidency. Acting on what appeared to be political motivations, the Trump Justice Department sought phone and email records from journalists at The Washington Post, The New York Times and CNN. Judging from the timeline, the Trumpsters seemed to be looking into those news organizations’ reporting on the 2016 Trump campaign’s ties to Russian interests.

There are some exceptions to Garland’s order in the case of life-or-death situations, or if a reporter is believed to be actively helping a source obtain classified information. But these exceptions strike me as reasonable rather than being easily exploited loopholes.

Garland’s memo also says that the Justice Department will support efforts to pass legislation making the guidelines permanent so that they don’t expire as soon as Biden leaves office. That’s really the key, since future presidents and attorneys general would otherwise not be bound by Biden and Garland’s good intentions.

Right-wing media whip up racist attacks on Nikole Hannah-Jones

The hatred being directed at Nikole Hannah-Jones is shocking — but not surprising. Right-wing media mount phony attacks on her and her ideas and then let their trollish minions do the rest. She tweets:

The coordinated media attacks orchestrated by the right-wing echo chamber are designed to elicit exactly these type of threats and harassment that are flooding my email and social media accounts. They want to make me afraid to speak and do the type of work I do. I will not stop.

Click through for more. Warning: the attack she quotes from is highly offensive.

Previous coverage.

Mark Ruffalo video backs union at The Boston Globe

https://vimeo.com/574460579/4342402e71

Mark Ruffalo, who portrayed then-Boston Globe reporter Michael Rezendes in the movie “Spotlight,” has recorded a video supporting the Boston Newspaper Guild in its push for a new contract.

Update, July 17. As you can see, the video has been taken down. No idea why.

Previous coverage.

Journalism is becoming a dangerous occupation

Photo (cc) 2012 by Mr.TinDC

Paul Farhi of The Washington Post reports on a disturbing phenomenon: television journalists coming under attack. “In recent months, local TV news crews have faced verbal and physical abuse while on the job,” he writes. “A few reporters have been injured. Some have been robbed or had their equipment damaged.”

Some of it is no doubt related to the “enemies of the people” rhetoric of former President Donald Trump, who made hatred of the press part of his authoritarian brand. And as Farhi notes, TV reporters are far more conspicuous than those of us who walk around with notebooks and smartphones, making them more likely to be subjected to violence.

It’s not just MAGA. One of our GBH News Muzzle Award winners this year were Black Lives Matter protesters in Burlington, Vermont, who stole copies of the alt-weekly Seven Days and burned some of them. No, that’s not the same as assaulting reporters. But I wouldn’t imagine that was a safe place to be for someone visibly identified as a reporter.

And let’s not forget it was just three years ago that a gunman killed five employees at the Capital Gazette in Annapolis, Maryland. On Thursday a jury found that the shooter, Jarrod Ramos, was criminally responsible, rejecting his insanity defense.

Journalism is still safer than working as a lumberjack. Neither, though, is it entirely hazard-free. It’s something we’ve begun to talk about with our students. I don’t know what the answer is. Bearing witness is a vital part of what we do. If we have to start barricading ourselves in secure newsrooms, a lot of what we do will be lost.

The case of the Northbridge intruder plays out exactly as you might have imagined

WCVB-TV (Channel 5) reports that the formerly unidentified 26-year-old man who walked into an unlocked house in Northbridge on Sunday has turned himself in. His story is exactly what you might have imagined it to be: “Esteban De Jesus Fonfrias-Soto told police he was led to the home in Northbridge, Massachusetts, by someone he believed to be female that he recently met on the social media app Snapchat.”

Fonfrias-Soto has been charged with breaking and entering in the daytime, a felony. Let’s hope that law enforcement quickly verifies his claims and drops the case.

Previous coverage.

A mysterious intruder sets off a scramble among local TV newscasts

It was a story made for local TV news. An unidentified man walked into an unlocked home in Northbridge on Sunday afternoon, sauntered around for 16 minutes while young children were inside, and then left without taking or disturbing anything. Video of him entering and then leaving was captured by a Ring home security camera.

The story also raises some questions about tone and emphasis. The man was a person of color in a community that’s more than 90% white. Did that contribute to the sense of alarm that some of the news reports conveyed?

Alerted to the story by George Chidi, a Northbridge native who now writes a Substack newsletter called the The Atlanta Objective, I watched reports on WBZ-TV (Channel 4), WCVB-TV (Channel 5), WHDH-TV (Channel 7), NBC10/NECN and WFXT-TV (Channel 25). In most of them, you had a sense that danger lurked, and that it is of paramount importance that the police identify the person.

Several, though, raised the possibility that the man had simply walked into the wrong house — and, based on video from around the neighborhood, the extent to which many of the houses looked alike was striking.

Channel 25 gave the story a whopping three minutes. But reporter Wale Aliyu, one of two Black journalists to cover the story (the other was Todd Kazakiewich of Channel 5), made the most of it, offering context that wasn’t available elsewhere. He opened by describing just how weird the story was. “I’ve never left an interview scratching my head the way I was tonight,” he said. The homeowner, Tarah Martell Schweitzer, who came across mainly as frightened in the other reports, offered comments that were more nuanced in Aliyu’s story:

I really am trying to see the good here and that it really was an honest mistake, because it doesn’t make sense to me in any other way. I don’t think somebody would case somebody’s house in the middle of broad daylight on a Sunday with people home. There were two motorcycles and a car in the driveway.

She even joked about asking the intruder to come back and help her and her husband finish assembling the swing set they were putting together.

Chidi told me via Facebook Messenger that he was troubled by the alarmist tone that he detected in the NBC10 coverage and on social media. “I’m sensitive to this because I grew up here. Literally,” he said. “That house is in the back yard of where I grew up.”

To be fair, no one wants to find out that a stranger has been walking around the inside of their home while their kids are inside and they’re out back unaware of what’s going on. And, since home video was available, it’s the sort of fare that’s irresistible for TV news directors.

The trick is to offer the right perspective. It was a strange story, not especially scary, that almost certainly was about a guy who walked into the wrong house by mistake. Indeed, as he is walking up to the door, he is staring intently at his smartphone, probably trying to figure out if he was at the right address.

Neither The Boston Globe nor the Boston Herald published anything about it, though the Globe’s free website, Boston.com, had a brief item. This was a pure made-for-television diversion, more entertainment than news, and that’s the way it should have been played. Kudos to Aliyu and Channel 25 for getting it right.

Brent Staples on how white newspapers perpetuated white supremacy

There’s an outstanding piece in The New York Times today by Brent Staples on the role of the press in perpetuating white supremacy. He writes:

Since the early 2000s, historically white newspapers in Alabama, California, Florida, Kentucky, Mississippi, Missouri and North Carolina have apologized with varying degrees of candor for the roles they played in this history. When read end to end, these statements of confession attest to blatantly racist news coverage over a more than century-long period that encompasses the collapse of Reconstruction, the rise of Jim Crow, the two world wars, the civil rights movement, the urban riots of the 1960s, the Vietnam era and beyond.

Read the whole thing.

BuzzFeed’s founder promises not to waste money on journalism again

Jonah Peretti. Photo (cc) 2019 by nrkbeta.

In an interview with the Financial Times, Jonah Peretti, the founder of BuzzFeed, offers a confession: news just isn’t as gosh-darn profitable as he had hoped it would be. Peretti has taken an axe to his respected news division, BuzzFeed News, and promises not to do it again.

“I feel like I learned from that mistake … you need to have more financial discipline in the short term to make sure you’re growing in a sustainable way,” he tells reporter Anna Nicolaou.

But as Josh Marshall, the publisher of Talking Points Memo, noted several months ago, there’s never going to be enough money in journalism if you’re relying on venture capital, as Peretti did, or on going public, as he’s doing now. The solution is a slow expansion, most likely built on reader revenue. That’s never been Peretti’s style.

Unfortunately, what Peretti doesn’t say in his FT interview is that he could use revenue from BuzzFeed, the viral site best known for cat videos and listicles, in order to subsidize a first-class news operation. Because for people like Peretti, it’s all about the bottom line — as he showed in April, when he acquired HuffPost and started gutting it.

In Georgia, a partisan news site replaces local journalism with false election claims

Here’s what happens when you don’t have a reliable source of local news in your community: partisan websites that look like local news pop up in order to push a political point of view. Most of them are right-wing, although there are also a few that lean left.

Last week NPR’s Stephen Fowler had a terrific piece about The Georgia Star News, a Trump-oriented project that is aligned with Steve Bannon, although it doesn’t sound like Bannon has an official role. “It’s very populist, it’s very nationalist, it’s very MAGA, it’s very American First,” Bannon reportedly said.

The lead story right now: “Merrick Garland’s Case Against Georgia Is a Loser, According to Legal Scholars and Journalists,” aggregated from The Federalist and opinion pieces in The Wall Street Journal and USA Today.

What the Star News and sites like it do is work the media food chain. The website’s publisher, John Fredericks, has a radio talk show whose guests have included Bannon and former Trump campaign manager Corey Lewandowski. Fredericks’ talk show and website haved pushed false information about absentee ballots. (According to Fredericks’ website, his show was recently booted off YouTube. Gee, I wonder why?)

Secretary of State Brad Raffensperger, who stood up for the integrity of Georgia’s elections when it really mattered, nevertheless called for an investigation based on the Star News’ story. From there the story was injected into the mainstream, since legitimate media outlets are in the habit of quoting Raffensperger. And, before you know it, Trump himself was praising the Star News for “the incredible reporting you have done.”

Fredericks claims his operation is profitable thanks to an injection of ads from Republican politicians.

As these “pink slime” operations go, Fredericks’ is rather modest — eight sites, compared to the 1,300 documented last fall by The New York Times. And Fredericks’ sites are statewide — they’re not promising the sort of hyperlocal news that, say, a right-wing site like the Macon (Georgia) Times does.

Still, the Star News points to the dangers of what can happen when we lose reliable local and regional news.