Elahe Izadi has an excellent account (free link) in The Washington Post on how two Gannett papers got the story about a pregnant 10-year-old rape victim right while elements of the national media expressed skepticism — or worse.
One shortcoming, though: The story plays down the role of Post fact-checker Glenn Kessler (who’s not even named) in mainstreaming the right-wing talking point that Dr. Caitlin Bernard might have been passing along a rumor she heard, or even lying. As we later learned, Bernard was the doctor who actually cared for the victim. Right from the start, though, the Indianapolis Star had Bernard on the record, and Kessler didn’t have enough information to call her account into question.
As we also know, the story was confirmed when The Columbus Dispatch reported that an arrest had been made. Overall, as I wrote several weeks ago, it was a fiasco for the media — especially on the right, but in the Post as well.
Nicholas Sandmann, the former Kentucky high school student who sued multiple media organizations after he was described as “blocking” a Native American activist in Washington, has just lost big-time. On Tuesday, a federal district court judge threw out his libel claims against The New York Times, CBS News, ABC News, Gannett and Rolling Stone. Erik Wemple of The Washington Post tweeted out the news Tuesday night:
A federal judge in Kentucky today granted summary judgment motions from five media companies (NYT, ABC News, Gannett, CBS News and Rolling Stone) in defamation cases from Nick Sandmann.
Judge William Bertelsman granted summary judgment, which means that he found Sandmann’s case so lacking that it should not proceed to a full trial, according to Hailey Konnath of Law360.
Sandmann achieved fame and notoriety in 2019 when he and his fellow students at Covington Catholic High School were confronted by a Native American activist named Nathan Phillips while they were demonstrating against abortion rights. Videos of the scene showed Sandmann wearing a “Make America Great Again” cap and standing his ground, apparently refusing to move for Phillips, who got extremely close to Sandmann while beating a drum.
Phillips told reporters that Sandmann “blocked my way and wouldn’t allow me to retreat,” a statement that formed the basis of Sandmann’s libel suits. Judge Bertelsman ruled that Phillips’ words were a matter of opinion, not fact, and that opinion that can neither be proved true or false was protected under the First Amendment. Bertelsman wrote that
a reasonable reader would understand that Phillips was simply conveying his view of the situation. And because the reader knew from the articles that this encounter occurred at the foot of the Lincoln Memorial, he or she would know that the confrontation occurred in an expansive area such that it would be difficult to know what might constitute “blocking” another person in that setting.
Sandmann had already settled out of court with The Washington Post, CNN and NBC News — actions I hope they now regret. Deep-pocketed media defendants in libel suits should refuse to settle when weak claims are filed against them lest they provide an incentive for others to file similar suits.
Sandmann’s lawyer says he plans to appeal. But of course.
Winthrop Circle, looking toward Medford Square. Photo (cc) 2021 by Dan Kennedy
Warning: Hardcore Medford post ahead.
Forty years of Proposition 2-1/2 have caught up with us in Medford. City Councilors Zac Bears and Kit Collins have proposed a $12 million override, which they say is needed to solve our long-term structural deficit. Mayor Breanna Lungo-Koehn, seeking a compromise, has come back with a counteroffer for an override that would add $3 million to the property-tax levy. Thanks to Gannett, all of this is playing out in the absence of any regular news coverage.
The debate is going to come down to whether Medford residents can afford to pay more property taxes. I’ve attempted to provide some baseline numbers, drawing on data from the state and the U.S. Census. (Thanks to those of you who helped me find what I needed.) You can look at those numbers here. Let me offer a few takeaways.
First, Medford’s residential property-tax rate is very low — just $9.01 per $1,000 of assessed valuation, placing us at No. 317 of the 348 cities and towns for which I was able to get data. (There are 351 municipalities in the state.) But that’s an irrelevant number, derived from our soaring property values. So let’s get to the good stuff.
Second, our property-tax burden per capita, based on a residential property tax levy of $105.3 million, is $1,766. That puts Medford at No. 248, or in the 29th percentile. By that measure, the property-tax burden here is relatively low. The per capita burden in bordering communities: $4,676 (Winchester, No. 23); $2,911 (Arlington, No. 95); $1,798 (Somerville, No. 244); $1,244 (Malden, No. 321); and $947 (Everett, No. 338). Everett is not an affluent community, but I suspect its property-tax burden is unusually low because of the taxes paid by the Encore casino.
Now, that tells you a lot. But our third breakdown should be the most useful, because it’s based on some measure of whether a community can actually afford its residential property taxes. I’ve taken the tax burden per capita and divided it by median household income. That might sound like apples-and-oranges, but it’s not, since I’m doing it consistently for all 348 cities and towns. In other words, the percentage for any one community may not mean much, but the ranking should work as a pretty accurate measure. Let me walk us through this a bit more carefully.
In Medford, the median household income is $101,168, which makes us a relatively affluent community (No. 129). With per capita residential taxes of $1,766, that gives us 1.75% for property-tax burden as a percentage of per capita income. By that measure, Medford is No. 313. That puts us at the 10th percentile. In other words, the property-tax burden is higher in 90% of Massachusetts communities than it is in Medford. Again, let’s look at our neighboring cities and towns.
Winchester, 2.7% (No. 108)
Arlington, 2.54% (No. 133)
Somerville, 1.76% (No. 308)
Malden, 1.67% (No. 324)
Everett, 1.25% (No. 341)
Let me offer one final calculation. If you add the mayor’s proposed $3 million override to our total tax levy of $105.3 million, that would be an increase of a little more than 2.8%. If you go with the Bears-Collins proposal to add $12 million, that’s 11.4%. That latter move would bring the property-tax burden as a percentage of per capita income to 1.94% and move Medford up to No. 265. But we would still be in just the 24th percentile, with residents of 76% of other communities paying more of their income on property taxes.
One argument we’re already hearing is that the override — especially the more aggressive $12 million override — is being pushed by affluent newcomers to Medford, and that longtime residents can’t afford it. There is something to that. If you’ve lived here for all or most of your life, you may very well be house-rich but relatively income-poor. We don’t want to force residents into selling because they can’t afford to pay their taxes. Property values are already spiraling out of control in Medford — up 10.1% between June 2021 and June 2022, according to Redfin.
By every objective measure, though, Medford residents can afford either override option, and even the higher of the two would still leave us well below the state average.
Correction: I’ve rewritten the top to clarify that Councilors Bears and Collins’ proposal came first, followed by Mayor Lungo-Koehn’s counterproposal.
Three quick thoughts on Thursday’s hearing by the Jan. 6 commission.
• I know a lot of people on my side of the ideological divide who give Mike Pence little credit for his actions during the attempted violent coup. I disagree. Look, he’s a religious-right Republican who was attached to Donald Trump at the hip from the moment Trump picked him as his running mate. But when everything was on the line, Pence didn’t hesitate to act with courage and integrity. He deserves our gratitude.
• Like everyone, I laughed at the video of Josh Hawley hightailing it away from the insurrectionist mob. But my reaction to the slo-mo replay was one of awed appreciation. It struck me as Liz Cheney’s handiwork — a giant “screw you” to a highly deserving target. She learned at the feet of the master. She can’t waterboard Hawley, although she’d probably like to. But she can humiliate him. Well done.
• I am weirdly fascinated by former White House counsel Pat Cipollone, who is either the best of the bad guys or the worst of the good guys. He’s certainly no hero. Yes, he may have been among the last people in Trump’s inner circle who was giving him rational, reality-based advice, but so what? And he’s still protecting Trump, refusing to answer questions about what Trump told him under the guise of attorney-client privilege.
In this week’s “What Works” podcast, Ellen Clegg and I talk with Tim Coco, president and general manager of Public Media of New England. Coco is known for his work as a journalist and advertising executive. He oversees day-to-day operations at the low-power FM station WHAV, which can be found at 97.9 on the radio dial if you happen to be in the Haverhill area. The station also streams at WHAV.net.
WHAV was launched in 1947 by the Haverhill Gazette newspaper, then a daily under the auspices of a publisher who was distantly related to the Taylor family, which then owned The Boston Globe. Coco revived the station about 15 years ago and converted it to a nonprofit, low-power FM station in 2014.
Ellen has a Quick Take on $2 million in grants awarded to seven nonpartisan news outlets in Georgia. All are led by people of color, and all serve diverse audiences. The money, which comes from The Pivot Fund, could be transformational.
My Quick Take is on the Herald-Tribune. No, not that Herald-Tribune. This is the Herald-Tribune of Sarasota, Florida, which had to apologize after publishing a guest op-ed in praise of the Proud Boys, the far-right group that was part of the Jan. 6 insurrection at the Capitol. It’s a doozy.
I spent a great day at NJ PBS in Newark, New Jersey, reporting on the broadcast side of NJ Spotlight News for the book-in-progress that Ellen Clegg and I are writing, to be called “What Works: The Future of Local News.” I was in the control room when U.S. Rep. Bonnie Watson Coleman, D-N.J., left, was interviewed by anchor Briana Vannozzi about her arrest at an abortion-rights demonstration in Washington the day before. You can watch the full interview right here.
Earlier this month, The New York Times published a fascinating book review about a sex-and-drugs scandal at the University of Southern California — and about an alleged attempt by the top leadership at the Los Angeles Times to cover it up. I put the book, “Bad City,” by Paul Pringle, at the top of my reading list, thinking I might assign it to my media ethics students this fall.
Oh, but not so fast. Because one of the editors who handled the USC story, Matthew Doig, has written a retort on Medium. And believe me, you can tell he’s not worried about the possibility that Pringle will sue him. Among other things, Doig calls Pringle’s book “utter bullshit” and writes that “it’s disappointing that several media outlets have thus far failed to bring even a modicum of skepticism to such an absurd tale. The truth is that Pringle is a fabulist who is grossly misrepresenting the facts to support his false narrative.”
Whoa. To provide a bit of background, Pringle was part of a team of reporters who looked into the matter of Carmen Puliafito, the dean of USC’s Keck School of Medicine, who was video-recorded taking crystal meth and heroin with a group of young people and who turned a young woman into essentially his sex slave. This is pretty explosive stuff. In “Bad City,” Pringle claims that the LA Times’ leading executives, publisher and editor Davan Maharaj and managing editor Marc Duvoisin, tried to squash the story because USC was one of the paper’s most important advertisers. As NY Times reviewer Katie Benner puts it:
Pringle’s fast-paced book is a master class in investigative journalism, explaining how a reporter wrestles information and documents from reluctant sources and government officials. It is a stark look at the weakening of local news, especially at The Los Angeles Times.
I should add that this played out in 2016 and ’17, when the paper had been suffering from years of chaotic ownership. The billionaire surgeon Patrick Soon-Shiong bought the paper in 2018, bringing a measure of stability as well as some much needed financial resources.
According to Pringle, Maharaj and Duvoisin may have been forced out as a consequence of their bad behavior. Doig, the assistant managing editor for investigations, also departed. Although he’s not named in Benner’s review, he is identified in several excerpts from Pringle’s book that have been published elsewhere. Here’s what Doig has to say about how the USC story actually played out:
I have every email and story draft I exchanged with reporters and editors concerning the Puliafito/USC story — from the moment I got involved in April 2017 until we published a bulletproof story in July 2017 that ended Dr. Carmen Puliafito’s career, thoroughly embarrassed USC and resulted in zero corrections, clarifications, or lawsuits against the LA Times. (I’ll link to several of the documents I cite here, but I am willing to hand over the entire file — dozens of records amounting to a definitive paper trail of how the story evolved — to a serious journalist with the time to go through them and draw their own conclusions).
The quickest way to prove that Pringle is abusing the truth when he says Duvoisin and I simply delayed the story and added no value is to compare Pringle’s draft that Duvoisin emailed to me on April 12, 2017 to the story that we published on the front page on July 17 of that year.
And on and on Doig goes, including a mind-boggling anecdote in which he claims that Pringle became enraged after Doig referred to a draft of his story as “good” rather than “great.”
So who’s telling the truth? I’m not going to touch that one, especially since I haven’t read the book. But it seems significant that Doig not only used what lawyers call “actionable” language in writing about Pringle but that he’s also landed on his feet — he’s now investigations editor at USA Today. Likewise, Duvoisin is now editor-in-chief of the San Antonio Express-News, which has done so much good work on the Uvalde massacre. Maharaj has had his own problems, but those appear to have nothing to do with his handling of the USC story.
One question that’s worth asking is what responsibility news organizations have in passing along accusations such as those leveled by Pringle in his book without doing any fact-checking of their own. Doig goes into some detail about that in his essay. Among other things, he laments the lack of fact-checking by the book’s publisher (welcome to the wonderful world of books) and writes that the NY Times should have done some reporting:
The New York Times wrote a cloying review of Pringle’s book that included a character assassination of Duvoisin and Maharaj (I wasn’t named in the review), but the reporter failed to contact Duvoisin and Maharaj for comment. When I emailed the reporter and her editor about it, the editor responded that it was a review, not a reported story, and that I should contact Pringle’s publisher.
I have to say that the NY Times editor is right. Reviews are not reported pieces, and it would be unheard-of for a reviewer to re-report the facts in a book they are reviewing.
So what’s next? Personally, I’ve crossed “Bad City” off my reading list and am not going to assign it to my students — though I may pull together some readings, including excerpts from “Bad City,” Benner’s review and, of course, Doig’s essay. I’m also interested to see whether the controversy dies down, or if instead there’s much more to come.
Everett Square circa 1905. Photo is in the public domain.
Adam Gaffin has a wild story in Universal Hub about a lawsuit filed against the Everett Leader Herald and the city clerk by Everett Mayor Carlo DeMaria. There are all kinds of entertaining details. Among other things, we learn that the Leader Herald “has referred to DeMaria as ‘kickback Carlo,’ said he is ‘on the take,’ and referred to ‘DCF,’ or ‘DeMaria’s Crime Family.’”
What caught my eye, though, was that the Leader Herald has agreed to go along with a court order to identify 10 of 12 confidential sources. The names had previously been given to Superior Court Judge James Budreau, who ruled that their claim to anonymity was weak. In the following excerpt from Budreau’s opinion, Resnek is a reference to Joshua Resnek, the publisher and editor.
A threshold question facing the Court is whether Defendants have insufficiently supported their claim that the 12 sources used by Resnik [sic] in the articles core to this litigation were given a promised [sic] of confidentiality in exchange for their information…. Defendant Resnek subsequently filed an affidavit which states that all the sources at issue had “provided information to me based on the promise/understanding that their names/identities would not be revealed and would be kept confidential.” Not only does this averment lack specificity for each of the 11 [?] alleged confidential sources, but it’s unclear whether each source was promised or merely understood or believed that their identities would not be disclosed. If they understood, what was the basis of their understanding?
In other words, the judge concluded that Resnek failed to make a strong case that the sources had been granted confidentiality in the first place. Perhaps that will take the sting out of Resnek’s decision to go along with the judge’s order and allow those sources to be publicly identified.
The problem of keeping sources confidential in a libel case is reminiscent of a dilemma that The Boston Globe faced in 2002, when the paper was sued by Dr. Lois Ayash for incorrectly identifying her as the “leader of a team” that signed off on an overdose of an experimental chemotherapy drug that was given to two patients at Dana-Farber Cancer Institute. One of those patients was Globe reporter Betsy Lehman, who died as a result of the overdose.
In that case, the Globe refused an order by Superior Court Judge Peter Lauriat to reveal his confidential sources. Lauriat ruled that, because Ayash did not have the evidence she needed to pursue her suit — evidence to which she was entitled as a matter of law — then she should win her case by default.
“The Boston Globe, long a champion of the freedom of information and of unfettered access to public (and even not-so-public) records, has unilaterally and unnecessarily interrupted the free flow of information that may be critical to Ayash,” Lauriat wrote, according to an account by the Reporters Committee for Freedom of the Press. A jury awarded her $2 million, a judgment that was upheld by the state’s Supreme Judicial Court in 2005.
Richard Knox, the Globe reporter whose story was at issue in Ayash’s libel suit, thought the court should have respected his promise not to identify his confidential sources. “I’m disappointed that the courts don’t understand that honoring commitments to sources goes to the heart of what journalists do every day,” he was quoted as saying.
But though Knox and the Globe may have acted out of principle, they were mistaken to think that should have come without a cost. In fact, there is no ironclad legal right for journalists to protect their confidential sources. I’d say that Judge Lauriat made the right call in demanding that the Globe give up its sources; after all, Ayash was entitled to make her best case. The Globe also made the right call, expensive though it was, by saying no.
The situation in Everett, by contrast, is weird and hard to parse. Is Resnek really breaking a promise of confidentiality if the guarantees he made to his sources were not plainly stated, as Judge Budreau suggests? Needless to say, it will be interesting to see what those sources have to say.
I took a fairly short 13-mile bike ride this afternoon on the new, southern part of the Bruce Freeman Rail Trail, over the not-quite-finished Route 2 overpass and on to the West Concord train station, where the trail ended. From there I rode west on Laws Brook Road to the Acton line before heading back and then north to NARA Park, where I looped around before heading back to my car. Stretches of the path were technically closed, but we all ignored the signs and barriers and had a great time.
Heading south along the Route 2 overpassHeading north just before the Route 2 overpassTroubleCorn season is upon usAt the southern end of the rail trailWest Concord train stationActon-Concord line along Laws Brook Road
Experienced media critics know — or should know — that you don’t try to knock down a story based on an on-the-record source unless you’ve got the goods. But that didn’t stop Washington Post fact-checker Glenn Kessler from wading in over an article published on July 1 in the Indianapolis Star by Shari Rudavsky and Rachel Fradette. They reported that patients were traveling to Indiana, where abortion is still legal, following the Supreme Court’s overturning of Roe v. Wade.
Kessler’s interest was sparked by the lead anecdote. Dr. Caitlin Bernard, an OB/GYN in Indianapolis, said she’d been contacted by a doctor in Ohio and asked if she could help arrange an abortion for a pregnant 10-year-old rape victim. Noting that Indiana might soon outlaw abortion as well, Bernard was quoted in the article as saying: “It’s hard to imagine that in just a few short weeks we will have no ability to provide that care.”
By the time Kessler decided to weigh in, the story had gone viral, cited by President Biden and criticized in anti-abortion circles for its lack of verifying details. Kessler wrote:
The only source cited for the anecdote was Bernard. She’s on the record, but there is no indication that the newspaper made other attempts to confirm her account. The story’s lead reporter, Shari Rudavsky, did not respond to a query asking whether additional sourcing was obtained. A Gannett spokeswoman provided a comment from Bro Krift, the newspaper’s executive editor: “The facts and sourcing about people crossing state lines into Indiana, including the 10-year-old girl, for abortions are clear. We have no additional comment at this time.”
Kessler also reported that Bernard declined to provide any additional details when he contacted her by email, and that he could find no evidence that a criminal investigation might be under way. Here is Kessler’s conclusion:
This is a very difficult story to check. Bernard is on the record, but obtaining documents or other confirmation is all but impossible without details that would identify the locality where the rape occurred.
With news reports around the globe and now a presidential imprimatur, however, the story has acquired the status of a “fact” no matter its provenance. If a rapist is ever charged, the fact finally would have more solid grounding.
I tweeted at Kessler last Saturday: “Glenn, you say you asked Dr. Bernard for the name of her colleague and the city where they’re located, and she declined to answer. But did you press her on her conversation with her colleague and what convinced her that the anecdote is real?”
Glenn, you say you asked Dr. Bernard for the name of her colleague and the city where they’re located, and she declined to answer. But did you press her on her conversation with her colleague and what convinced her that the anecdote is real?
— @dankennedy_nu@threads.net (@dankennedy_nu) July 9, 2022
Kessler did not respond. I later found out that Kessler doesn’t reply to tweets but will respond to DMs or emails. It’s in his Twitter bio, but I hadn’t looked. Why would I? I know who he is.
I’m trying to be as clinical as I can here and give Kessler his due for leaving himself open to the possibility that the story might be proven true. But keep in mind that the Star had Bernard on the record telling them that she had been contacted directly by another doctor who wanted to know if she could help with the 10-year-old rape victim. Bernard was not passing along a rumor she’d heard. She had direct knowledge. The story was a little thin since the Star didn’t (and probably couldn’t) verify this horrifying anecdote. But we see thinner stories than this on a regular basis, including in The Washington Post.
Well, you probably know what happened next. On Wednesday, The Columbus Dispatch reported that “a Columbus man has been charged with impregnating a 10-year-old Ohio girl,” thus vindicating both Dr. Bernard and the Star, a sister newspaper. Kessler tweeted: “The last line of this fact check was: ‘If a rapist is ever charged, the fact finally would have more solid grounding.’ Now, a rapist has been charged and the story has been updated. Getting lots of angry emails but journalism is an accumulation of facts.”
The last line of this fact check was: "If a rapist is ever charged, the fact finally would have more solid grounding." Now, a rapist has been charged and the story has been updated. Getting lots of angry emails but journalism is an accumulation of facts. https://t.co/mzaIarvCKw
Yes, journalism is an accumulation of facts. The problem here is that Kessler lacked sufficient facts to go with his original story, to which an update has been appended. A fair reading of his original piece was that he thought there was a good chance that Bernard’s story wasn’t true, and that the Star reporters were being credulous for passing it along. He wasn’t able to prove it, so he should have just let it go, regardless of what lingering suspicions he might have had.
I’ll repeat — yes, it was a little thin, but we see worse every day. Also: We have no way of knowing whether Bernard might have provided the Star with some confirming details on an off-the-record basis. The Bottom Line, to borrow Kessler’s rubric: He shouldn’t have gone there without convincing evidence that the story wasn’t true.
Now, I’ve gone on at some length about Kessler’s misjudgment while saying nothing about the outrageous rhetoric that played out on the right. That’s because Kessler is a respected journalist working for a careful, highly regarded news organization. It’s fair to hold Kessler and the Post to a higher standard than propaganda outlets — but we also need to acknowledge their toxic, corrosive effect.
Among the worst was the opinion section of The Wall Street Journal, which published an editorial headlined “An Abortion Story Too Good to Confirm.” The subhead is a howler: “Biden told a tale of a 10-year-old rape victim that no one can identify,” blowing past the reality that the media don’t identify rape victims, let alone those who are 10.
“The tale is a potent post-Roe tale of woe for those who want to make abortion a voting issue this fall,” the Journal wrote. “One problem: There’s no evidence the girl exists.” The shameful editorial, which actually cited the far-right website PJ Media as an authority, has since acquired an editor’s note, and the paper has published a separate, defensive never-mind editorial.
Finally, Laura Hazard Owen of Nieman Lab has written an exceptionally good overview of the whole sorry episode. The headline: “Unimaginable abortion stories will become more common. Is American journalism ready?” The early evidence is not encouraging.
