Florida Gov. Ron DeSantis’ decision to bar a reporter for the Miami Herald and the Tampa Bay Times from a news conference that was otherwise open to the press was a flat-out violation of the First Amendment.
Although the question of whether public officials can ban specific journalists from media events has never been taken up by the Supreme Court, a 1974 federal district court ruling is generally regarded as good law. I wrote about it a few years ago when a similar situation arose in New Hampshire.
Several decades ago, a similar situation unfolded in Hawaii, where an aggressive reporter for the Honolulu Star-Bulletin named Richard Borreca butted heads with the mayor, Frank Fasi. Fasi decided to ban Borreca from regularly scheduled news conferences at his City Hall office. The Star-Bulletin went to court. And in the 1974 case of Borreca v. Fasi, U.S. District Court Judge Samuel King ruled that Fasi had to open his news conferences to all reporters. King wrote:
A free press is not necessarily an angelic press. Newspapers take sides, especially in political contests. Newspaper reporters are not always accurate and objective. They are subject to criticism, and the right of a governmental official to criticize is within First Amendment guarantees.
But when criticism transforms into an attempt to use the powers of governmental office to intimidate or to discipline the press or one of its members because of what appears in print, a compelling governmental interest that cannot be served by less restrictive means must be shown for such use to meet Constitutional standards. No compelling governmental interest has been shown or even claimed here.
Judge King made it clear that no member of the press was entitled to special privileges. If the mayor wanted to grant interviews to some reporters but not others, that was his prerogative. If he refused to answer a reporter’s questions, that was within his rights as well. But he could not discriminate against some members of the press when scheduling a formal, official event such as a news conference.
Already under pressure from changes in technology and the decline of advertising, alternative weeklies and small dailies are teetering on the brink. Reporters have been laid off. Print editions have been suspended or cut back. Donations are being sought. And journalists everywhere are wondering if they have a future.
For the past 15 years or so, local, digital-only start-ups have stood out as a countervailing trend compared to the overall decline of the newspaper business. Though small in both number and scope, these entrepreneurial news organizations, both for-profit and nonprofit, have provided coverage that their communities would otherwise lack. Yet they, too, have been battered by the novel coronavirus.
“They’re stretching their journalistic capacity,” said Chris Krewson, executive director of the 200-member LION (Local Independent Online News) Publishers, at a virtual conference last week sponsored by Northeastern University’s School of Journalism, where I’m a faculty member. “Everyone’s seeing incredible jumps in traffic and audience and [newsletter] open rates and things like that. And the volume of stories has never been higher.
“At the same time,” he added, “the sorts of things that everyone has built their business around, certainly since 2010, are a challenge. You have a business built around where to go and what to do, and there’s nowhere to go and nothing to do. So you’re looking at the first waves of cancellations from advertisers.”
Over the weekend, I emailed a number of editors and publishers at free, digital-only news outlets to see how they were faring. Though they all said they are pushing ahead, they added that the economic and logistical challenges of covering the COVID-19 story have proved daunting. (Please click here for a complete transcript of our conversation.)
At least for the moment, the nonprofits have an advantage, since their funding — from grants, foundations and donations — tends to be in place months in advance.
“We operate on a tight budget, and are always scrambling for money for our long-term sustainability,” says Paul Bass, who runs the nonprofit New Haven Independent and WNHH Community Radio. “But we seek to set our budget each year at a level that can be supported by current deposits and a few multi-year commitments by our deepest-pocket long-term supporters, so that people know 12 months at a time that they have a job and the lights stay on.”
Dylan Smith, publisher of the nonprofit Tucson Sentinel in Arizona, worries about the long-term effect on his site — but adds that, for now, the reaction has been positive.
“We’ve been sent quite a number of three-figure donations out of the blue, and seen a substantial uptick in people signing up to contribute monthly,” he says. “That community support has really been heartening. Not only will it help keep the lights on, but the kind words and cold hard cash we’ve gotten let us know we’re doing something meaningful to help.”
By contrast, The Batavian, a for-profit site that serves Genesee County in western New York, is scrambling, according to publisher Howard Owens. “Two top-tier advertisers have dropped,” he says. “Our revenue is 95% advertising. I expect we’ll take a big hit before this is over.” He adds: “I’m more worried about my business’ ability to survive than I am worried about my own health. We have a PressPatron button on our site if anybody wishes to make a contribution.”
In at least one instance, the crisis has forced a publisher to postpone collecting any money at all. Jennifer Lord Paluzzi, a veteran journalist who recently launched her second start-up, Grafton Common, in the Worcester area, was hoping to ask for donations, but has decided to wait until the pandemic subsides.
“I was about to put a tip jar on my site that people could just put money in and help fund it,” she said at the Northeastern event. “But with everything that’s going on right now, with businesses closing, I’m like, OK, we’re going to skip the tip jar and entertain everybody.”
The need for social distancing may prove challenging to The Mendocino Voice, a for-profit site in California that is in the process of shifting to an employee- and member-owned co-op. The founders, publisher Kate Maxwell and managing editor Adrian Fernandez Baumann, had envisioned a series of meetings across Mendocino County to whip up enthusiasm and to refine the details of what the co-op would look like. But now they have to figure out other ways to do that.
“The challenge is how to work with the funders and re-create our plan for a series of community forums and member meetings virtually,” Maxwell says. “However, we cover a large area and are always looking for ways to better reach remote readers, so in the end this shift could be very valuable to refining the tools we use to engage with our readers and strengthen our membership campaign.”
Despite such difficulties, the journalists I reached all expressed enthusiasm for covering what may prove to be the biggest story of our lifetime.
“As an organization that focuses a lot of our effort on covering state and local government, it’s a massive story for us,” says Andrew Putz, editor of the Minneapolis-based nonprofit MinnPost. “I just looked, and we did 34 stories in the last week tied in some way to Minnesota’s response to the pandemic. So to answer your question more directly: We’re throwing everything we have at it.”
Adds Smith: “We’re working our asses off. I think I had 14 or 15 bylines in one day last week. And that’s not counting multiple updates to some stories.”
Although most of these small news organizations have offices, working at home is nothing new. Both Putz and Smith say they’ve been communicating with reporters via Slack. “We’ve been working remotely for a decade already,” says Smith. “I have a couple of reporters I haven’t even seen face-to-face yet in 2020.”
And all agree that health and safety come first. “If they feel like they must attend a meeting/press conference/interview,” says Putz of his reporters, “we’ve asked them to exercise their judgment — and to make sure they know that there’s no story that’s worth them jeopardizing their health.”
For the time being, Owens has abandoned his office in downtown Batavia. He says he and his wife, Billie Owens, the site’s editor, have an agreement that neither can leave the house without the other’s permission. Their one staff member as well as freelancers are all working from home.
“It’s not just about keeping them/us safe,” he says. “It’s about flattening the curve. We need to give our government, health-care systems and private sector time to build capacity to deal with a pandemic that will last for a year or two.”
The exception is Bass, who has not yet stopped his reporters (except for one in his 70s) from covering stories in person. He says his journalists have been instructed to stay six feet away from people they’re interviewing and photographing, and he will continue to reassess.
“My guess is, especially as government meetings shift online, we will be doing fewer in-person interviews,” Bass says. “Also, math suggests that some of us will get sick, which will certainly diminish our reporting capacity. But for now it’s full steam ahead, with fingers crossed. We love our community and feel we have an important role in strengthening it.”
The toxic combination of President Trump and Fox News has reached dangerous new levels, as the network has shifted from dismissing concerns about the COVID-19 pandemic, to (briefly) acknowledging its virulence, to pushing Trump to end the extraordinary measures being taken to slow its spread. Three data points:
On Monday, New York Times columnist Ben Smith wrote that Fox major domo Rupert Murdoch has made a bad situation worse by leaving his hands-off son Lachlan in charge: “Fox failed its viewers and the broader public in ways both revealing and potentially lethal. In particular, Lachlan Murdoch failed to pry its most important voices away from their embrace of the president’s early line: that the virus was not a big threat in the United States.”
On Tuesday night, Paul Farhi and Sarah Ellison of The Washington Post reported that Trump’s bizarre, potentially lethal embrace of ending COVID-19 restrictions weeks or months sooner than medical experts recommend — even if the oldsters die — comes straight from Fox: “Early this week, the cable network’s most prominent figures began urging the president to ditch the restrictions and get people back to work, even if doing so risks the public’s health. The commentary dovetails with, and may even have encouraged, Trump’s expressing a desire for businesses to start reopening after the federal government’s 15-day, stay-at-home period ends on Monday.”
This morning, Tom Jones, who writes the Poynter Institute’s morning newsletter, took Fox to task for hosting a Trump town hall without challenging any of his dubious assertions: “Mostly because of the incompetence and softball approach from host Bill Hemmer, the two-hour town hall produced little in the way of accountability, clarity and specifics. Once again, Trump’s message to the American people felt more like the substitute for one of his rallies than a Q&A to inform them about one of the worst crises we have ever seen.”
You have to wonder what the late Roger Ailes would have done if he were still in charge. Yes, under Ailes, Fox spouted Republican propaganda and claimed it was “fair and balanced.” But Ailes’ version of Fox was at least nominally tethered to reality, even flirting with the “Never Trump” movement during the 2016 Republican primary campaign.
What’s happening now is incredibly dangerous and is going to get people killed.
The COVID-19 pandemic presents a particularly difficult challenge for publishers of community online-only news sites, whether they are for-profit or nonprofit. Over the weekend I emailed editors and publishers of several such news organizations to see how they are getting along. Below are their lightly edited answers in full.
Q: How are you dealing with the challenge of covering the COVID-19 pandemic in your community?
Paul Bass, who runs the New Haven Independent and WNHH Community Radio, which are both nonprofit organizations: We’re working like maniacs. We feel this is the time when the work we do — informing as well as stitching together community — is more important than ever.
Kate Maxwell, publisher of The Mendocino Voice, a for-profit that is moving toward a cooperative ownership model: We are covering it in all the ways we can come up with! We do have experience with prolonged breaking emergency coverage through wildfires and power shutdowns, unfortunately. We created a central landing page and are using multiple social media platforms to reach people, including livestreaming press conferences, interviews with public health officials and medical experts, and live tours of preparedness at medical facilities.
We’re writing multiple daily updates, creating several guides to information and resources, increasing our newsletter, live-tweeting important forums, increasing our Spanish translations and Spanish language interviews, and regularly surveying our readers, as well as taking live questions during events and interviews. We’re being careful to make our updates clearly dated, sharing information about state and federal changes, and keeping coverage in digestible and clear formats. We’ve gotten some great ideas from other LION publishers as well.
We are hiring formerly underemployed but experienced local freelance reporters to expand our coverage.We are working quickly to hire even more reporters and implement ideas we had considered previously and in other sustained emergencies, such as text services. We are reaching out to public officials, business leaders and community groups to discuss how to best fact-check evolving information moving forward. We are also talking with everyone about how we can best support our community to provide a service that also lessens the blow of economic impacts of this pandemic, which will be hard on our already struggling local economy and health-care system. This includes considering what might happen in the case of multiple emergencies as we approach “wildfire season.”
Howard Owens, publisher of The Batavian, a for-profit in Genesee County, New York: Early on, even before orders were issued, I recognized that I probably wouldn’t be going out of the house much to cover things. I had never done livestreaming before. I had never done a video interview and recorded it or livestreamed it. So I quickly figured out how to do all of that, and we did our first livestream interview on March 15. We’ve done 15 or so since.Continue reading “Local online news publishers and editors speak out about the COVID-19 crisis”
Boston Globe columnist Michael Cohen writes that he held out for a long time before coming to the conclusion that the media should stop covering President Trump in real time. Now COVID-19 and Trump’s news conferences, filled with lies and falsehoods, have tipped Cohen over the edge.
“At a moment of true national cataclysm, allowing him to use the bully pulpit in such an irresponsible manner is a risk we can’t afford to take,” Cohen writes. I agree. And he quotes me as telling him, “We can’t knowingly put out disinformation and misinformation. We have to put the public first.”
I’m not saying Trump shouldn’t be covered. If media outlets want to carry his news conferences in full, that’s fine — as long as they wait until they can fact-check his statements. Or simply cover his statements as we would any other news story, being especially careful to vet anything he says that isn’t obviously true.
It’s impossible to fact-check Trump in real time. For instance, who could have imagined that he wasn’t telling the truth about Google? Now he’s putting out false information at the podium and on Twitter (an entirely different problem) about completely unproven remedies that may be dangerous and that are depriving those who really need them.
We’re in the midst of a crisis. No one should be given free rein to spout dangerous nonsense — even if that person is the president of the United States.
• More on the hazards of carrying Trump live from Margaret Sullivan of The Washington Post and Jay Rosen of New York University.
I knew the Apocalypse was at hand when I walked through the nearly empty Ruggles T station Monday morning — and there were no Jehovah’s Witnesses. Not that I suspected these smiling, well-dressed folks with their posters and pamphlets were afraid of catching COVID-19. They probably just figured there was no point in standing in the cold all by themselves while the city was shutting down around them.
As a journalism professor at Northeastern University, I’m well aware of how fortunate I am. Our paychecks and benefits won’t be threatened unless the worst of the worst-case scenarios become a reality. For us, the pandemic means trying to figure out how to move our classes online so that our students’ education isn’t thrown off track any more than absolutely necessary.
Even so, it’s been a challenging week.
I’d spent the first week of March — spring break at Northeastern — in Mendocino County, California, reporting on The Mendocino Voice, a small news organization moving toward cooperative ownership. While I was out there, I attended a news conference on the coronavirus called by county officials. It was clear that things were about to explode.
Classes actually resumed March 9, but we all had a sense that was likely to change at any moment. And it did. During our faculty meeting on March 11, we got an email from the administration telling us we were moving to online instruction the next day.
It seemed possible that the shift wouldn’t be too disruptive. At least initially, students were not asked to leave university housing — something that would be a logistical nightmare given our large number of international students as well as students living on campus while working at co-op jobs in the Boston area. I taught my final in-person class that night and got ready to go virtual.
My plan for Thursday was a workshopping session with my opinion-journalism class. It seemed like more of a technical challenge than I was comfortable taking on, but a colleague recommended Zoom video-conferencing software, and I gave it a try. I was stunned at how easy it was — for an hour and a half, my 15 students and I had something very close to a normal class. I don’t hear especially well, so I was pleasantly surprised that I could hear them better through my earbuds than I normally do in the classroom.
But if we’ve learned anything in the past week, it’s that what we hope will be the “new normal” only lasts for a few hours. First, one of my international graduate students told me she was flying home to Ecuador. Then, on Saturday, the university reversed course and ordered everyone out of the residence halls by Tuesday, March 17, at 5 p.m. Social-media panic ensured. Within a few hours, the university sent an update — students would be given some leeway on when they moved out, the remainder of the semester’s room and board would be refunded, and students with a demonstrated hardship could stay.
That helped. But it left us wondering how much of the semester we could salvage with nearly everyone scrambling to leave. Ruggles may have been empty on Monday, but cars were lined up all over campus as students got ready to head home. Despite the confusion, I don’t see how it could have been otherwise. What came across as draconian on Saturday seemed like the responsible thing to do by Monday.
So now what? Why was I on campus Monday when I should have been hunkering down at home? Because I’d decided to come in one last time in case any of my students wanted to see me before leaving. As it turned out, most of them found electronic communication sufficient — and safer.
But one of my students, a young woman from Hong Kong, dropped by for some advice on her final project in my ethics class. We kicked around some ideas and talked about what would happen next. She’s a senior. The last few weeks of her classes are gone. Commencement, scheduled for May 1, is almost certainly gone as well. She’ll walk away with an education, but without any of the memories she should have had.
So now President Donald Trump’s re-election campaign is filing SLAPP suits against news organizations — that is, libel suits with no legal merit whose goal is to intimidate rather than to expose the truth.
The lawsuits have targeted The New York Times, The Washington Post and CNN, all of which have the resources to defend themselves. But the Trump campaign’s tactics raise a larger question: Will these suits embolden others to weaponize the courts against media outlets that lack the financial wherewithal to fight back against deep-pocketed opponents?
Note: Susan Campbell, a Hartford Courant columnist, posted the following on Facebook earlier today, writing, “I am told the Courant is shifting focus to cover the coronavirus and the column I submitted wouldn’t be read, or run this Sunday. So here is the column I wrote.” I contacted her and asked if I could republish it at Media Nation. She gave her permission, and so here it is. Her column has also been republished by #NewsMatters, “a NewsGuild project for Digital First Media workers.” Digital First Media is an earlier name for MediaNews Group, the newspaper chain that Alden controls. — DK
By Susan Campbell
Dear Hartford Courant reader,
Your roof is on fire.
The signs have been there, but you may not be aware of the damage overhead. What you, the reader, sees are a few typos, a missed paper, or someone on the other end of the phone who cannot stop your paper delivery during your vacation. Worse, there’s no one at your local meeting, because when newspapers had more people on staff, they could afford to come to your traffic commissions, town council meetings, and panel discussions.
Nothing just happens, dear reader, but before we explore what’s going on, see if you can figure out this math: Recently, Tribune Publishing Co. announced that the company’s fourth-quarter profit was $4 million. That should be good news, but these days, newsroom blood-letting has moved from paper cuts to full-on beheadings.
And for that, you can thank Alden Global Capital, a New York-based hedge fund, which owns 32% of the Tribune company. Alden is known for one thing and one thing only: Alden kills newspapers. The corporation walks through the battlefield of struggling newspapers (which pretty much describes 99% of newspapers), lifts up the wounded, props them up at a computer, and then methodically sucks up all the resources until there’s nothing left. Their shady business practices — including an accusation that they moved employee pension assets into their own accounts — have earned the notice of the Department of Labor.
The next time you want to complain about your local coverage, remember that you have no idea how hard the dead-last-remainders of America’s newsrooms work to do what they do. They are part of a broken business model, but there is your reporter/photographer/editor, spinning as fast as s/he can.
I know. I was a remainder, until I realized I was so angry at the system I couldn’t exist in it. I left in 2012 when I thought things were pretty bad.
But this isn’t just me, a disgruntled former employee. Last May, some U.S. senators, including Sherrod Brown (husband of Pulitzer-winning newspaper columnist Connie Schultz), Tammy Baldwin and Cory Booker, wrote Alden a letter begging them to abandon their attempted hostile takeover of Gannett because newspapers are a “public good.” Gannett shareholders ultimately rejected the takeover.
Alden’s holdings include The Denver Post, where in December, members of the Denver City Council passed a resolution that called on the company to either invest in the Post or sell it. Alden has been draining the blood from that once-fine newspaper since 2011.
In January, two respected Chicago Tribune columnists wrote a New York Times op-ed calling attention to their own newspaper’s struggles as an Alden holding. In February, the Chicago City Council passed a resolution similar to Denver’s.
We need that here, in Hartford. We need a concerted effort to save the Oldest Continuously Published Newspaper in the Nation, the newspaper that printed a copy of the Declaration of Independence, and was sued for libel by Thomas Jefferson. We need a full-throated show of support, like that of state Sen. Saud Anwar and others. We, too, need to encourage Alden to put up or shut up. We, too, need wealthy people to invest in local journalism.
Mostly, we need to stop the dangerous trend that threatens our free press. According to the Pew Research Center, post-Watergate, the circulation of daily newspapers peaked in the late ’80s. About that same time, third-generation newspaper families began to lose interest in the family business, while corporations began to notice the healthy profit margins found in the newspaper industry. At a rate that accelerated as we barreled through the ‘90s, more and more newspapers became part of media conglomerates.
If the carnage continues, Alden will kill our newspaper. When that happens, we’re left with news deserts, with our “news” shoveled at us by social media, with its lack of fact-checkers and professionalism. Our information age will suffer from an appalling lack of information.
Passivity is not an option. This is our damn newspaper. This is our damn democracy.
Susan Campbell teaches at University of New Haven, and is the author of several books, including, most recently, “Frog Hollow: Stories From an American Neighborhood.” She can be reached at slcampbell417@gmail.com.
We lost a great one Friday — McCoy Tyner, one of the towering musicians of the 20th century. Tyner was the pianist on Coltrane’s “A Love Supreme” and his own “Enlightenment,” two extended works that are among the most spiritual in jazz. “Enlightenment” is one of my favorite albums.
I had the privilege of seeing Tyner in concert twice, once at the Jazz Workshop in the early ’70s, and then again about four years later at the Paradise.
A few years ago someone shared with me a video of Tyner’s quartet performing the full “Enlightenment” suite at the 1973 Montreux Jazz Festival — the concert that the album documents. I can’t seem to find it, but above is an extended highlight. God Almighty. And I mean that in several different ways.
UKIAH, Calif. — About 15 people had gathered on the second floor of the Ukiah Brewing Company. The television in the corner was tuned to CNN, and Sen. Bernie Sanders was speaking. This was a pro-Sanders crowd. Nearly everyone stopped what they were doing so they could listen.
Then the band downstairs started playing, and that was the end of that.
I’m here this week learning about The Mendocino Voice, an online news organization started three and a half years ago that is in the process of moving toward a cooperative model of ownership — an innovative step that could help ensure the project’s future. “We are going to be owned by our readers and our staff,” publisher Kate Maxwell told those on hand. “We think that’s the best way to be sustainable and locally owned.”
The Super Tuesday party, which drew a total of 25 to 30 people, was organized by the Voice as a way of bringing the community together to watch not just the presidential results but to find out who had won the primary elections for the Mendocino County Board of Supervisors. There are five supervisors, and three of the seats were contested.
There’s no question, though, that most people were mainly interested in the Democratic presidential primary. Sanders won California easily on a night when the chatter was about former Vice President Joe Biden’s emergence as the clear (though hardly dominant) frontrunner. I was told that Mendocino County, a two-hour drive north of San Francisco, is even more pro-Sanders than the rest of the state. That was certainly true at the Ukiah Brewing Company, where the folks I spoke with expressed their enthusiasm for Bernie over burgers and beer.
“I think the possibility of having a socialist Democrat in the White House is really exciting,” said Rayna Grace, citing Sanders’ “solidarity with the Palestinian people” as well as his support for Medicare for All and for canceling student debt. Her companion, Silver, who declined to tell me her last name, added, “I’m just excited to see a candidate who reflects my radical values.”
Even the only non-Sanders supporter I spoke with said he preferred Sanders to the candidate he actually cast a ballot for — Sen. Elizabeth Warren. “I thought Warren is electable. I don’t know if Bernie is electable,” said John Haschak, a member of the board of supervisors. “Maybe my political calculation is a little off, but we can’t have four more years of Trump.”
Unfortunately for Warren, Haschak’s political calculation turned out to be more than a little off. Warren suffered the worst of what has been a series of bad nights for her, as she came in third in her home state of Massachusetts, behind Biden and Sanders. (WGBH News Senior Political Editor Peter Kadzis breaks down the Bay State results here.) In just a few months, Warren has gone from being the frontrunner to having to do some serious fence-mending with her constituents.
Like many people, I’ve visited California’s urban centers of San Francisco, Los Angeles and San Diego. But this is the first time I’ve been in the rural north. The population of Mendocino County is just under 90,000. Yet, geographically, it’s about two-thirds the size of Connecticut (population 3.5 million) and larger than Delaware (nearly a million).
As is the case in many other places, Mendocino County suffers from a dearth of reliable local journalism. Most of the papers in the county — including The Ukiah Daily Journal, the only daily — were absorbed into the MediaNews Group conglomerate years ago, and have been systemically gutted by the chain’s hedge-fund owner, Alden Global Capital.
Maxwell and Managing Editor Adrian Fernandez Baumann, the Voice’s only full-time staff members, are themselves former MediaNews employees. Though their office — a tiny second-floor room that they rent from a low-power FM radio station — is in the inland city of Ukiah, the county seat, they have positioned the Voice as a county-wide news service. As such, they regularly drive two hours to Fort Bragg, on the Pacific coast, as well as to other parts of the county.
This is weed-and-wine country. The “cannabis economy,” as Baumann calls it, is dominated by so-called back-to-landers, hippies and former hippies who moved to the area in the 1960s. So it’s no surprise that Sanders is the favorite here.
Yes, I did meet a few non-enthusiasts. Before the party, Baumann and I talked with voters outside a polling station at the county offices, where we encountered an older couple who’d cast their ballots for Biden and a volunteer firefighter who’d taken a Republican ballot and voted for President Donald Trump. Overwhelmingly, though, the folks we met had voted for Sanders.
“We’ve been diehard Bernie supporters since the last election,” Moriah McGill told us.
Given Biden’s strong performance across the country Tuesday, it’s no exaggeration to say that voters like McGill, Grace and Silver saved the Sanders campaign. Whether that will be enough to stop Biden is a question for another day.
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