What, if anything, went wrong with Nina Totenberg’s story on SCOTUS and masks?

Nina Totenberg. Photo (cc) 2012 by the Asia Society.

It’s impossible to know what, if anything, went wrong with Nina Totenberg’s story about a mask dispute between Supreme Court Justices Sonia Sotomayor and Neil Gorsuch without also knowing the details of Totenberg’s interactions with her unnamed sources — or source.

But it has the hallmarks of a situation in which the justices, joined by Chief Justice John Roberts, jumped on a small wording problem in order to back away from a controversy they regretted. Totenberg, NPR’s veteran legal affairs reporter, was the collateral damage.

It began with a report last Tuesday morning in which Totenberg noted that, since the rise of omicron, all of the justices had been wearing masks to hearings — all, that is, except Gorsuch. Sotomayor, who has diabetes and who normally sits next to Gorsuch, had been appearing remotely from her office.

Roberts, Totenberg reported, had “in some form asked the other justices to mask up,” and only Gorsuch had failed to comply.

The next day came this, also under Totenberg’s byline:

On Wednesday, Sotomayor and Gorsuch issued a statement saying that she did not ask him to wear a mask. NPR’s report did not say that she did. Then, the chief justice issued a statement saying he “did not request Justice Gorsuch or any other justice to wear a mask on the bench.” The NPR report said the chief justice’s ask to the justices had come “in some form.”

NPR stands by its reporting.

So what did Roberts actually say? We don’t know. NPR’s ombudsman, Kelly McBride of the Poynter Institute, wrote that Totenberg remained confident she got it right but was hazy on exactly how Roberts indicated to the other justices that he wanted them to wear masks. “If I knew exactly how he communicated this I would say it,” Totenberg told  McBride. “Instead I said ‘in some form.’”

McBride’s conclusion was that Totenberg’s story was essentially accurate but that she shouldn’t have used the word “asked,” even modified by “in some form.” McBride also called for a “clarification,” but not a correction, to be appended to Totenberg’s story. Which in turn led Totenberg to tell The Daily Beast, “She [McBride] can write any goddamn thing she wants, whether or not I think it’s true. She’s not clarifying anything!”

The situation reminds me of the smackdown delivered by then-special counsel Robert Mueller in early 2019 after BuzzFeed News reported that former Trump lawyer Michael Cohen had told investigators that Donald Trump had “directed” him to lie under oath before Congress about a Trump Tower deal in Moscow. Mueller had his spokesman characterize the story as “not accurate,” and the episode was seen as a serious blunder by BuzzFeed.

Lo and behold, several months later we learned that BuzzFeed had it right all along. If I may speculate, it looked to me like Mueller took advantage of a minor exaggeration in the story in order to denounce the whole thing at a moment when it looked like Trump might shut down the entire special counsel’s investigation. BuzzFeed was thrown under the bus, and the investigation was saved.

Totenberg’s story was the culmination of an eventful few weeks for Justice Sotomayor. On Jan. 8, Washington Post “Fact Check” columnist Glenn Kessler took her to task for saying during oral arguments, “We have over 100,000 children, which we’ve never had before, in serious condition and many on ventilators.” That number appeared to be 20 times higher than was actually the case. Kessler saw fit to assign her statement a “Four Pinocchios” rating, thus labeling what was almost certainly a spontaneous slip-up as a lie.

At around the same time, Politico’s “Playbook” newsletter ran a story and a photo showing a woman who was identified as Sotomayor sitting back-to at a restaurant with Democratic members of Congress. O, the hypocrisy! Except that it wasn’t Sotomayor — it was Senate Majority Leader Chuck Shumer’s wife, Iris Weinshall. “Our tipster got it wrong, but we should have double-checked,” Politico said in its correction. No kidding.

As for whether and how Chief Justice Roberts asked “in some form” that the justices mask up, we’ll probably never know precisely what transpired. But we do know this: Every justice has been wearing a mask to oral arguments except Gorsuch. And Sotomayor didn’t feel it was safe for her to attend.

The New York Times buries a story about antisemitism in Tennessee

Elizabeth and Gabriel Rutan-Ram (via the Tennessean)

I.F. Stone liked to say that The New York Times was the world’s most exciting newspaper, because you never knew where you were going to find a front-page story.

That’s certainly the case today, as the Times buries what might be the most important and disturbing news of the day at the bottom of page A22. That’s where we learn that Elizabeth and Gabriel Rutan-Ram, a Tennessee couple, were refused their request to adopt a child from a state-funded agency because they’re Jewish. The agency, the Holston United Methodist Home for Children, which claims to be Christian, insists that adoptive couples adhere to “Christian biblical principles.” The Rutan-Rams, who had sought to adopt a 3-year-old boy living in Florida, are now suing the state with the help of Americans United for the Separation of Church and state.

“I felt like I’d been punched in the gut,” Elizabeth Rutan-Ram said in a news release quoted by the Knoxville News Sentinel, which reported on the case last week. “It was the first time I felt discriminated against because I am Jewish. It was very shocking. And it was very hurtful that the agency seemed to think that a child would be better off in state custody than with a loving family like us.”

What could be enabling this grotesque antisemitism? According to the Times, the case “comes nearly two years after Gov. Bill Lee signed a law that allows state-funded child-placement agencies to decline to assist in cases that ‘would violate the agency’s written religious or moral convictions or policies.'” Lee, a Republican, acted despite being warned by the ACLU that it was unconstitutional.

I’m glad that the Times at least picked up on this. And I realize that print placement doesn’t mean a whole lot these days. But it’s still a signal of what the editors think is important, and the Times remains a cheat sheet for other news organizations across the country. This is an enormously important story — a further indication of the dark places into which the Republican right is dragging us.

My Northeastern colleague Laurel Leff wrote a book some years back called “Buried by the Times,” which detailed how the Times played down news about the Holocaust during World War II. Though the two situations can hardly be compared, it is nevertheless disturbing to see the Times today giving such short shrift to a modern case of antisemitism.

The plight of the Rutan-Rams — and the role of Tennessee officials — should be in the headlines for days to come. And the Times should follow up. On page one.

Houston becomes the latest city to announce a nonprofit news project

Downtown Houston. Photo (cc) 2018 by David Daniel Turner.

Big news out of Houston, where several major philanthropies have announced they intend to raise $20 million to start a nonprofit news project — just the latest major metropolitan area to embrace nonprofit journalism.

What makes it a bit unusual is that the Houston Chronicle, the legacy daily, is owned by Hearst, generally regarded as one of the better newspapers chains. Of course, all corporate chains are problematic, but Houston is not like Baltimore, where hotel magnate Stewart Bainum is launching the nonprofit The Baltimore Banner after losing out to the hedge fund Alden Global Capital in his bid to buy The Baltimore Sun.

The Houston effort is being led by the American Journalism Project, whose chief executive, Sarabeth Berman, told the Columbia Journalism Review:

Local news is a public service — one that’s been in sharp decline. This project demonstrates that local philanthropies can, and need to, play a transformative role in rebuilding and sustaining independent, original reporting in service of communities.

Here’s an excerpt from the press release:

With an anticipated launch in late 2022 or early 2023 on multiple platforms, the new nonprofit news organization will elevate the voices of Houstonians and address the needs of the community as identified in the American Journalism Project’s extensive research. Its wide-ranging coverage will be available for free to readers as well as other news organizations.

I wish them well, of course. Still, it’s hard not to wonder if the money could go to better use elsewhere. Greater Houston residents already get first-rate coverage of state politics and public policy through The Texas Tribune, which is also a nonprofit, and the Chronicle is presumably doing a better job than your typical Alden or Gannett paper.

Click here to read the full press release.

With Chicago Public Media’s acquisition, the Sun-Times will soon go nonprofit

Photo (cc) 2011 by Seth Anderson

There’s been some confusion over Chicago Public Media’s acquisition of the Chicago Sun-Times, a tabloid that is the city’s number-two daily newspaper. For example, The New York Times reported that “the ownership structure would be similar to that of The Philadelphia Inquirer, a big-city paper that the nonprofit Lenfest Institute for Journalism has run since 2016.”

Well, no. The Inquirer is a for-profit newspaper owned by a nonprofit organization. If the Inquirer itself were a nonprofit, it would be barred from endorsing political candidates. In fact, the paper continues to endorse candidates and published an “Endorsement Guide” as recently as last fall.

What’s happening in Chicago is different. The ownership of the Sun-Times will be converted to nonprofit with its own board, according to WBEZ, the broadcast arm of Chicago Public Media. The Sun-Times itself reports that the paper will “convert from for-profit to nonprofit status.” That would make it the second major daily paper to become a nonprofit, following The Salt Lake Tribune. Recently the executive editor of the Tribune, Lauren Gustus, reported that the paper is healthy and growing under nonprofit ownership.

As I mentioned, there is one disadvantage to nonprofit ownership: news organizations can’t endorse candidates or advocate for certain legislative actions without endangering their tax-exempt status. Of course, there are plenty observers who see that as a feature rather than a bug. For instance, David Boardman, chair of the Lenfest Institute, greeted the news that the Sun-Times will no longer be able to endorse with this:

But endorsements can be useful, especially in smaller races to which voters may be paying minimal attention. Besides, it’s an infringement on free speech. Such a rule didn’t even exist until Lyndon Johnson rammed it through the Senate in order to silence political opponents back home in Texas.

In any event, with Alden Global Capital disemboweling the long-dominant Chicago Tribune, the announcement that WBEZ and the Sun-Times will soon be covering the region with a combined newsroom is good news. And it shows that people and institutions are willing to step up when market failure undermines local news coverage.

Al Green at the Apollo, 1990

I had a chance Tuesday night to watch this video of Al Green performing at the Apollo Theater in 1990. This was at the height of Green’s reinvention as a minister and gospel singer, so there’s not much secular here. Lots of shoutouts for Jesus. The concentration and intensity he brought to the stage that night has to be experienced. Prepare to be dazzled.

The First Amendment and Mayor Wu: What press restrictions and vile demonstrations have in common

Photo of protesters by Saraya Wintersmith for GBH News

Previously published at GBH News.

Over the past week, Boston Mayor Michelle Wu has been caught up in two seemingly unrelated controversies. What they have in common is that they touch on important First Amendment issues.

In the first instance, her office sent out a poorly worded advisory asking that reporters keep their distance from homeless people while city workers removed their encampment at Massachusetts Avenue and Melnea Cass Boulevard. In the second, hate-spewing demonstrators have been gathering in front of Wu’s house in Roslindale to protest a requirement that city employees be vaccinated against COVID-19 and that restaurants and other businesses mandate vaccines.

The “media guidelines” were sent out on Jan. 11, the day before the city cleared the area around Mass. and Cass. Reporters and photographers were “advised” to stay 50 feet away from individuals; to refrain from capturing images of individuals’ faces; and to “allow enough space for outreach workers to engage with individuals in private.”

The 50-foot request was later amended to 10 feet — an improvement, but still not enough for reporters to walk up to people and ask if they’d like to be interviewed. “As soon as I saw the guidelines, I emailed the press office and said ‘You can’t tell us how to report,’” Boston Globe columnist and associate editor Adrian Walker wrote in a public Facebook comment.

Kelly McBride, senior vice president and chair of the Craig Newmark Center for Ethics and Leadership at the Poynter Institute, also took a dim view of the advisory.

“I’m always wary when government officials start telling the press how to behave ethically,” she said in an emailed comment. “This may sound shocking, but sometimes government folks are more interested in avoiding accountability for their actions and also making themselves look good than they are in nurturing a free press that serves the public interest.”

Despite liberal use of the word “please,” it’s unclear whether City Hall intended the guidelines to be mandatory; the mayor’s press office declined to comment. In any case, it doesn’t appear that there were any serious efforts at enforcement, as reporters were able to interview homeless people while outreach workers were moving through the area.

“City officials came over to me and asked me not to take pictures of people’s faces, which I wouldn’t have done anyway without permission but I appreciated — they also told me to back up and give space, but mostly I was fine interviewing people,” my GBH News colleague Tori Bedford told me by email. She added: “I think the intention was to prevent the callous treatment of people that occurred last time, but it neglected how the press acts as an accountability agent to witness any callous treatment by the city and it’s not the city’s place to tell us how to do our jobs on a public street.”

As Bedford said, there have been reports of journalists acting insensitively toward homeless people during previous operations at Mass. and Cass. But it’s crucial that the media be allowed access to make sure that city workers are treating people with respect as well. Besides, the encampment was on public property, and attempting to restrict where reporters could go and what they could do was a violation of the First Amendment’s guarantee of freedom of the press.

Paul Bass, the editor and founder of the New Haven Independent, made another important point in a public comment: the guidelines denied agency to the very people the city was attempting to protect. “I agree such rules are outrageous,” he wrote. “They are also patronizing and controlling: homeless people, like anyone else, have the right to decide if they want to tell their story!”

Veteran political analyst Jon Keller of WBZ-TV (Channel 4) said Mayor Wu’s advisory appeared to go beyond anything he had seen from Mayors Tom Menino or Marty Walsh.

“Without knowing for sure, I suspect that they didn’t want any embarrassing feedback from these interactions to be broadcast,” Keller said. “It had the whiff of something drawn up by a PR or a press aide with the mayor’s image and the image of her administration foremost in mind. Now, that may well be their job as they see it, but this is not the right time or situation.”

Not to make too much of this — despite the admonition to keep 10 feet away, the media were not prevented from doing their jobs. But if city officials had problems with the way individual journalists had behaved on previous occasions, they should have dealt with them directly rather than send out a blanket set of rules.

***

How much abuse should elected officials have to put up with when they’re at home with their families? In recent days, a small group of bullhorn-wielding protesters has been gathering in front of Mayor Wu’s house in Roslindale to denounce her vaccination mandate. Wu lives in a two-family home with her husband, her two children and her mother.

As Wu tweeted over the weekend, the rhetoric has become increasingly ugly. “They’ve shouted on megaphones that my kids will grow up without a mom bc [because] I’ll be in prison,” she said. “Yesterday at dinner my son asked who else’s bday [birthday] it was bc the AM chant was ‘Happy birthday, Hitler.’”

In an ideal world, protesters would restrict their activities to public venues and events and leave political figures alone when they’re home. But social mores are breaking down and incivility is on the rise. And it’s not just Wu. Gov. Charlie Baker’s home in Swampscott has been the site of multiple protests. There has even been speculation that the protests were among the reasons Baker decided not to seek a third term. Certainly Wu’s and Baker’s neighbors didn’t sign up for such abuse.

The challenge is that any action against such demonstrations would clash with First Amendment guarantees of freedom of speech, assembly and petitioning for the redress of grievances. The protesters are, after all, on public streets.

State Rep. Steven Howitt, a Seekonk Republican, has filed legislation to ban demonstrations within 100 yards of an elected official’s home. If such a bill were to become law, there’s little doubt that it would face a constitutional challenge. But it’s also possible that a narrowly drawn statute focusing on noise and intrusiveness would pass muster as a content-neutral time-place-and-manner restriction, according to the noted civil-liberties lawyer Harvey Silverglate.

The alternative would be to move high-profile politicians into official residences away from residential neighborhoods. That would be a shame. It strikes me as a good thing that our leaders live among us, even if the benefit is mainly symbolic. Sadly, that may no longer be possible.

Jaida Grey Eagle on Sahan Journal, Report for America and telling the stories of Native American women

Jaida Grey Eagle. Photo via Indigenous Goddess Gang.

Our latest “What Works” podcast features Jaida Grey Eagle, a photojournalist working for Sahan Journal in Minneapolis through Report for America. She is Oglala Lakota and was born in Pine Ridge, South Dakota, and raised in Minneapolis.

Launched in 2019, Sahan Journal covers immigrants and communities of color in Minnesota. Report for America places young journalists at local news outlets across the country for two- and three-year stints.

Grey Eagle’s photography has been published in a wide range of publications and featured on a billboard on Hennepin Avenue in downtown Minneapolis. She is also a co-producer of “Sisters Rising,” a documentary film about six Native American women reclaiming person and tribal sovereignty in the face of sexual violence.

Ellen Clegg and I also offer our quick takes on paywalls and media companies that target well-heeled readers, and on Evan Smith’s announcement that he’s stepping down as chief executive officer of The Texas Tribune.

You can listen to our conversation here and subscribe through your favorite podcast app.

Antitrust suit brought by states claims Google and Facebook had a secret deal

Photo (cc) by Fir0002/Flagstaffotos

There’s been a significant new development in the antitrust cases being brought against Google and Facebook.

On Friday, Richard Nieva reported in BuzzFeed News that a lawsuit filed in December 2020 by Texas and several other states claims that Google CEO Sundar Pichai and Facebook CEO Mark Zuckerberg “personally signed off on a secret advertising deal that allegedly gave Facebook special privileges on Google’s ad platform.” That information was recently unredacted.

Nieva writes:

The revelation comes as both Google and Facebook face a crackdown from state and federal officials over antitrust concerns for their business practices. Earlier this week, a judge rejected Facebook’s motion to dismiss a lawsuit by the Federal Trade Commission that accuses the social network of using anticompetitive tactics.

The action being led by Texas is separate from an antitrust suit brought against Google and Facebook by more than 200 newspapers around the country. The suit essentially claims that Google has monopolized the digital ad marketplace in violation of antitrust law and has cut Facebook in on the deal in order to stave off competition. Writing in Business Insider, Martin Coulter puts it this way:

Most of the allegations in the suit hinge on Google’s fear of “header bidding,” an alternative to its own ad auctioning practices described as an “existential threat” to the company.

As I’ve written previously, the antitrust actions are potentially more interesting than the usual complaint made by newspapers — that Google and Facebook have repurposed their journalism and should pay for it. That’s never struck me as an especially strong legal argument, although it’s starting to happen in Australia and Western Europe.

The antitrust claims, on the other hand, are pretty straightforward. You can’t control all aspects of a market, and you can’t give special treatment to a would-be competitor. Google and Facebook, of course, have denied any wrongdoing, and that needs to be taken seriously. But keep an eye on this. It could shake the relationship between the platforms and the publishers to the very core.

Protests outside elected officials’ homes will lead to actions none of us want

We don’t have official residences for elected leaders in Massachusetts, and that’s a good thing. I like it that Gov. Charlie Baker still lives in Swampscott, where he was once a selectman, and that Boston Mayor Michelle Wu lives in a two-family home in Roslindale with her husband, children and mother.

Sadly, the breakdown of civility in our society is making it untenable. Bullhorn-wielding anti-vaxxers have been protesting outside Wu’s house, and they’re becoming increasingly hateful. Have a look at what Wu tweeted this morning:

It’s happened to Baker, too. Last September, climate-change protesters were arrested after they chained themselves to a pink boat labeled “Climate Emergency” that they had brought with them.

Even if you believe there’s nothing wrong with verbally abusing elected officials outside their homes, it’s certainly not something their neighbors signed up for.

This is going to lead to actions that none of us want. Heavy security is just a start. The Legislature is considering a bill that would outlaw protests within 100 yards of an elected official’s home. That’s almost certainly unconstitutional, as it would ban legally protected speech on public streets and sidewalks.

Or we could see a move toward official residences that are not in residential areas. The city of Boston already owns the Parkman House, near the Statehouse. If I’m remembering correctly, Mayor Kevin White lived there for at least part of his time in office.

The best solution would be for protesters to decide that elected officials’ homes are off limits. I doubt that’s going to happen, though. And so, inevitably, politicians are going to decide they have to remove themselves from normal life even more than they already are. That’s not good for them, or for us.

Most Gannett dailies will cut their Saturday print editions

Photo (cc) 2011 by Michael Licht

On Wednesday afternoon a source sent me a memo from four top Gannett executives announcing that Saturday print editions will be eliminated at daily papers in 136 of the chain’s markets across the country.

I don’t know why they didn’t just say “136 dailies,” but maybe there’s a nuance that I’m missing. It sounds like the edict will pertain to pretty much all of Gannett’s  dailies except for a few of the larger ones (I hear that The Providence Journal and the Telegram & Gazette of Worcester will be exempted) and those that already have just one weekend edition (like The Patriot Ledger of Quincy).

Among the local papers that will be affected, Adam Gaffin notes at Universal Hub, are the MetroWest Daily News of Framingham and the Milford Daily News. Also affected, according to announcements I found, are The Standard-Times of New Bedford, The Herald News of Fall River and the Cape Cod Times. But obviously there are many, many more.

Amusingly enough, the memo refers to this as “a new Saturday experience.”

Now, I’m a frequent critic of Gannett, but this doesn’t strike me as a terrible move — even though the price of a subscription is not being cut. The dailies already offer an e-edition that looks like print, and that will continue on Saturdays. The move cuts costs on a day when advertising is minimal. It seems likely that, eventually, all dailies, not just Gannett’s, will offer one big print edition on the weekends and go digital-only the rest of the week. This is an incremental step in that direction.

The problem, needless to say, is that Gannett has a record of cutting for the sole purpose of cutting — laying off journalists and shutting down smaller weeklies in order to bolster its bottom line and pay down its debt. The salaries it pays its reporters are a disgrace. Take, for instance, this tweet from Bethany Freudenthal, a veteran reporter for The Newport Daily News in Rhode Island, whose weekly take-home pay is just under $400 a week.

https://twitter.com/BethanyFreuden1/status/1481674340496289793

Given all that, it’s hard to credit Gannett’s elimination of Saturday print as a forward-looking move — even though it may turn out to be exactly that.

The memo, by the way, is a model of corporate-speak. Here it is in full.

Dear team,

As we kick off the new year energized with a keen focus on our North Stars, we are working collaboratively to enable our growth and further accelerate our digital strategy by evolving the print delivery experience.

To make bold progress toward our goal of 10 million digital subscribers requires that we embrace the multi-platform, connected experiences our audiences and customers expect. Our customer-obsessed approach will ensure we remain a vital part of the communities we serve across the country.

As more of our readers engage with our content online, we are introducing a new Saturday experience in 136 of our markets which transitions from delivering the Saturday print edition to providing exclusive access to the full Saturday e-Edition. Committing to our digital future ensures our resources are laser-focused on delivering unlimited access to the premium news, sports, events, and information our loyal subscribers value most. A number of markets will not be included in this transition based on specific market data. Details will be included by local managers in the coming weeks. In addition, we plan to introduce different delivery models in select markets to stimulate further learning and insights as we address the rapidly evolving digital landscape to provide our subscribers with the best experience.

We recognize the importance of Saturday for our advertising clients, and our advertising sales and service teams will be working closely with our customers to provide them with innovative, impactful digital and print options for their Saturday investment. These solutions include high impact and targeted digital display campaigns on our local websites, opportunities within our e-Editions, our industry-leading LOCALiQ digital marketing solutions, as well as alternative print advertising programs.

Our mission is unwavering: to empower communities to thrive by delivering impactful, trusted news coverage and best-in-class marketing solutions for our customers.

Thank you for being part of this team as we work together to serve our customers, execute our digital strategy, and prioritize community-focused journalism in the year (and years) ahead.

— Mayur, Maribel, Kevin & Bernie

Mayur Gupta, Chief Marketing & Strategy Officer
Maribel Perez Wadsworth, President/News at Gannett & Publisher/USA TODAY
Kevin Gentzel, Chief Revenue Officer
Bernie Szachara, President of U.S. Publishing