On naming names: Looking back at the Annie Le case

Authorities have arrested and are preparing to charge the Rhode Island suspect in the alleged terrorist plot that ended in the shooting death of a Boston man last week. News organizations that had been withholding his name are now identifying him. The Boston Globe, for instance, reports that he is Nicholas Rovinski, 24, of Warwick, Rhode Island.

As I wrote last week for WGBH News, identifying a “person of interest” who has not been charged — and who may not be charged — is an ethically dubious practice. My views are informed by what I learned in researching my book “The Wired City.” Among the stories I reported on was the New Haven Independent’s decision not to name the likely suspect in the murder of a Yale graduate student until after he had been formally charged. Independent editor Paul Bass spoke with my Northeastern ethics students about the case in a conference call earlier this week.

What follows is an excerpt from “The Wired City,” taken from a longer excerpt published by the Nieman Journalism Lab.

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Annie Le
Annie Le

On Monday, Sept. 14, 2009, six days after Annie Le had been reported missing, the Independent became the first to reveal that police had identified a 24-year-old laboratory technician who had worked with Le as a “person of interest.” The New Haven Register’s website followed shortly thereafter. And so began one of the more curious side stories of the Annie Le case.

As law enforcement officials continued with their investigation on Tuesday, neither the Independent nor the Register released the name of Le’s coworker. On Tuesday night, though, the police department held a news conference and announced that the “person of interest” was Raymond Clark, whose name was included in a press release. Because the news conference was covered live by a number of television stations, Clark’s identity immediately became public. On Wednesday, the Register named Clark and interviewed people who knew him. “I’m in total shock,” an unidentified high school classmate was quoted as saying. “He was the nicest kid — very quiet, but everyone liked him. I can’t believe he could do this. I’m sick to my stomach.” But the Independent continued to withhold Clark’s name.

The Independent’s managing editor, Melissa Bailey, was at the news conference too. She took notes and shot some video of New Haven Police Chief James Lewis speaking to reporters. But neither her story nor her video used Clark’s name. Bailey wrote, somewhat cryptically, “Police named the target of the search, calling him a ‘person of interest.’” Nor did the Independent identify Clark on Wednesday — and not even in a story posted early on Thursday morning reporting that police had staked out a motel where Clark was staying the night before, although it did link to a Register story that identified Clark in its lead paragraph. It wasn’t until later on Thursday morning that the Independent finally named Raymond Clark as the person police believed had murdered Annie Le. The reason: by then Clark had been arrested and charged, and was being taken into court for a formal arraignment.

The Independent’s refusal to name Clark until he had been formally charged was an admirable exercise in journalistic restraint. The decision derived in part from Bass’s institutional memory. In 1998, police had mistakenly identified a Yale professor as a “person of interest” in the murder of a student named Suzanne Jovin. No evidence against the professor was ever made public, and the murder was never solved. (In 2013, Yale and the city of New Haven announced a settlement with that wrongly accused professor.) Essentially, though, this restraint was a statement of Bass’s sense of how a news organization ought to serve the community

Judging by comments posted to the Independent, many readers appreciated Bass’s decision. “Thank you for the good sense to not publish his name at this time,” wrote “asdf” on Tuesday evening, after Clark’s name had begun to leak out but before the police had named him. The commenter added: “I really don’t understand what there is to gain by releasing his name — if you don’t have enough evidence to arrest him, then you don’t have enough evidence to smear him in the media.” Then there was this, from “LOOLY,” posted on Wednesday morning, after Clark’s name had been widely reported: “It should really be very simple. Unless he is being charged his name should not be used.”

Bass also had to make several other difficult decisions about identifying people connected to the Annie Le story. On Sept. 14, as Clark’s name was leaking out, the media converged on his apartment in Middletown, northeast of New Haven. Christine Stuart, who runs the political website CT News Junkie and contributes to the Independent, noticed the name of a woman along with that of Raymond Clark. She passed it along, and Melissa Bailey started plugging it into various social-networking sites. It didn’t take long before she found a public MySpace page for the woman, who turned out to be Clark’s 23-year-old fiancée. Bailey captured a screen image before the page could be taken down — which it soon was.

Bailey wrote a story that began, “The target in the slaying of Yale graduate student Annie Le had something in common with the victim — he, too, was engaged.” And she quoted the young woman as writing of Clark: “He has a big heart and tries to see the best in people ALL THE TIME! even when everyone else is telling him that the person is a psycho or that the person can’t be trusted. he thinks everyone deserves a second chance.” The woman’s name and photograph wound up being published by other news outlets, but it never appeared in the Independent.

That was not the Independent’s only social-networking scoop. In nearby Branford, Marcia Chambers of the Branford Eagle, a community news site that is affiliated with the Independent, was working her sources. Somehow she obtained a 2003 police report about an ex-girlfriend of Raymond Clark who claimed he had forced her to have sex when they were both students at Branford High School. As a condition of receiving the report, Chambers promised not to publish it until after an arrest had been made. But that didn’t mean there were not other uses to which the report could be put. Bailey typed the woman’s name into Facebook, discovered that she had an account, and friended her, letting her know she was a reporter covering the murder. After Clark’s arrest, Bailey and Chambers wrote a story without using the woman’s name. “I can’t believe this is true,” they quoted the woman as writing on her Facebook page. “I feel like im 16 all over again. Its jsut bringing back everything.”

The revelation that the Independent had the police report created a media stampede, Bailey said later. “People were calling us, begging us for this police report,” she told a researcher for Columbia University. “The New York Times came in and practically tried to arm-wrestle Paul.” The Independent withheld the fiancée’s name, a decision Bailey wrote that she had no misgivings about even though the woman later appeared on network television and identified herself.

By declining to name Raymond Clark until he had actually been charged with a crime, and by withholding the identities of the two women, Paul Bass had made a statement about what kind of news organization he wanted the Independent to be and what kind of journalism his community could expect from the site. Protecting the two women at a time when only the Independent knew who they were was the more straightforward of the two decisions. Any news executive who cares about journalistic ethics — or, for that matter, basic human decency — might have made the same call. But keeping Clark’s name off the site even after the New Haven police had put it in a press release, and even after the police chief had freely discussed it at a news conference — well, that was an extraordinary decision. Many journalists would argue that a news organization has an obligation to report the name of someone who might soon be charged with murder when the police have very publicly placed that name on the record. But Bass clearly has a different way of looking at such matters.

Weeks later, in a conversation at his office, Bass wondered if he had done the right thing while simultaneously defending his decision. “I still believe it’s a complicated question. I still believe we could definitely be wrong,” he said. Yet, as he continued, he didn’t sound like someone who thought he might be wrong, even as I suggested to him that his decision to withhold Clark’s name could be seen as something of an exercise in futility. “I’m in no way moving toward the idea that we should have run the name. I see no reason for putting the name out sooner. Nothing served,” he said. “I agree with you that it was futile. The name was out there. But we are still a news organization with standards.”

Those standards, I came to realize, are rooted not just in Bass’s view of journalism but in his sense of place, and even in his spiritual beliefs. The Independent is a news site, but it’s not just a news site. It is also a gathering place, a forum for civil discussion of local issues, and a spark for civic engagement. It is a mixture that reflects Bass’s interests: a multifaceted approach to community journalism — to community and journalism — that has been visible in his life and work from the time he began writing about New Haven.

Also published at WGBHNews.org.

It’s time for Poynter to apologize to Romenesko

Jim Romenesko, the original media blogger (and still the best), is cutting back, although he wants us all to know that he’s not retiring.

Benjamin Mullin of Poynter interviews Romenesko and almost but not quite acknowledges that Poynter officials did Jim wrong when they flung bogus plagiarism accusations against him as he was leaving in 2011. As I wrote then for The Huffington Post:

It was ridiculous to accuse of him plagiarism or something like it because he didn’t claim that anything he was posting was his original work. And he always linked to what he was excerpting — that was the whole idea. I consider him to be among the most ethical and transparent of journalists.

It’s time for an apology.

More: Here are some reactions from Poynter’s faculty that were posted at the time of Romenesko’s departure. Some didn’t believe he’d done anything wrong. Some thought his attribution practices were sloppy, though they didn’t think it quite amounted to plagiarism — though that’s certainly how it was framed in public.

The larger issue, it seems to me, was that Poynter benefitted from hosting Romenesko’s blog for 12 years without questioning his aggregation practices, and then overreacted to a Columbia Journalism Review inquiry as he was heading for the exit.

That said, Romenesko and Poynter remain must-reads for those of us who follow journalism and media issues.

Correction: The spelling of Mullin’s name has now been fixed.

‘Wife bonus’ story called into doubt. Shocking, eh?

CG-UOQ3XAAAb4wpI am shocked, shocked to learn that the “wife bonus” story has been called into question.

Last month I shared with my ethics class an opinion piece that appeared in The New York Times claiming, among other things, that some rich women on Manhattan’s Upper East Side were paid “wife bonuses” by their husbands based on “how well she managed the home budget, whether the kids got into a ‘good’ school — the same way their husbands were rewarded at investment banks.”

The article, by a “social researcher” who goes by the name Wednesday Martin, was based on her forthcoming book, “Primates of New York.”

Martin’s Times piece was, shall we say, remarkably thin. There was not a single named source who could provide direct evidence of the practice. Nor were there any experts cited who could talk about the phenomenon. Statistics? We don’t need no stinking statistics. My students and I agreed that this was worth keeping an eye on.

Well, well, well. The New York Post reported over the weekend that Martin’s claims may not actually be true. Or as the Post puts it in its headline, “Upper East side housewife’s tell-all book is full of lies.” And though “wife bonuses” are not one of the “lies” exposed by the Post, its veracity appears to be on shaky ground. Here’s what Martin wrote in the Times on May 16:

Further probing revealed that the annual wife bonus was not an uncommon practice in this tribe.

And here’s what she told the Post:

I don’t necessarily think it’s a trend or widespread. It was just one of the many strange-seeming cultural practices that some women told me about.

Granted, not a full retreat. But Martin is clearly hedging.

Now it looks like “Primates of New York” is headed for the monkey cage. The Times today reports that the publisher, Simon & Schuster, will “append a note to future editions of the book, written by the social researcher Wednesday Martin, clarifying that some of the memoir’s details and chronologies were changed.”

We await public editor Margaret Sullivan’s take on the latest bogus trend story to find its way into the Times — something she has already joked about with her “Monocle Meter,” named after a trend story about young hipsters wearing monocles that appeared to be — well, uh, you know. Unsubstantiated.

Hat tip to Peter Masalsky for the “Casablanca” inspiration.

Also published at WGBHNews.org.

Drip, drip, drip: The third person’s name is leaking out

Who is the Rhode Island person being questioned by authorities in the alleged terrorist plot that ended in the shooting death of a Boston man on Tuesday? So far, at least, most of the local media aren’t saying. But already a Rhode Island television station has breached the wall of silence, so you can be sure we’ll all know soon enough.

According to The Associated Press and numerous other news reports, police confronted Usaama Rahim on Tuesday as Rahim was preparing to carry out a plot to behead a police officer. Rahim was killed by police after he reportedly refused to drop a military-style knife. Rahim, a relative named David Wright and the Rhode Island man met recently on a beach in that state, according to news accounts.

On Wednesday’s 10 p.m. news on WBZ-TV (the Channel 38 version), we were told that the station would not identify the man unless he is charged with a crime. The Boston Globe takes the same stance this morning: “The Globe is not naming the third person Rahim and Wright allegedly met with because he has not been charged. But after Rahim’s shooting, officials searched his Warwick, R.I., home on Aspinet Drive.”

The Boston Herald refers to the man only as “a third unidentified person.” WFXT-TV (Channel 25) informs us, “His name was being withheld by authorities.”

The Providence Journal takes us one step closer, publishing not just the street he lives on but his exact address. The Journal also quotes a neighbor who calls the person of interest “a nice young man” who has cerebral palsy, walks with a limp and works at a gas station.

Using a reverse address directory, I found the name of a man whose age bracket (18-24) made him seem likely. So I Googled his name and discovered that, in fact, WJAR-TV (Channel 10) of Providence had already identified him as the person of interest. The story includes this: “At one point, according to a neighbor, he was the area paperboy. Within the last few years, though, neighbors claim he changed his appearance. He grew a long beard, wore robes, and prayed often outside.”

A search for the man’s name on Google News suggests that WJAR is the only news organization so far that has identified the man, though I can’t be sure. I will not identify him, nor will I link to the WJAR story.

The question is whether this is ethical journalism. I say it’s not, and it’s clear that other news organizations saw no problem with holding back on naming him in these early, confusing days of the investigation. What you gain by being first with his name is minuscule; what you lose if he turns out to be uninvolved could be considerable depending on the circumstances.

Also published at WGBHNews.org.

Firing the manager is usually a bad idea

Boston Red Sox at Baltimore Orioles June 15, 2013
John Farrell in happier times — with David Ortiz in 2013.

The Fire John Farrell campaign is far enough along that Boston Globe columnist Christopher Gasper feels compelled to write about why the Red Sox shouldn’t fire him.

Personally, I’ve never understood the urge to fire managers. Sometimes you hire a really bad one and you have no choice. But when you’ve got a good one, you should keep him.

Lest we forget, after the 2011 collapse the Sox fired Terry Francona, the best manager they’d ever had, citing the truism that you can’t fire all the players. Less than a year later, they did fire all the players, more or less, leading to a World Series victory in 2013 under Farrell — a fine manager, but no Francona.

What bothers me about the 2015 Red Sox is that some of the problems were predictable — the lousy starting rotation in particular. But that’s on Ben Cherington and the front office, not Farrell. (No, I wouldn’t fire Cherington, either, but I assume he and the owners are engaged in some serious soul-searching.)

The Sox have plenty of problems, but Farrell isn’t one of them.

Photo (cc) by Keith Allison and published under a Creative Commons license. Some rights reserved.

Herald commercial employees reject offer; Purcell responds

Labor and management continue to be far apart at the Boston Herald, as the Newspaper Guild reports that employees on the commercial side have rejected the company’s contract offer by a vote of 35 to 12. This follows last week’s 32-26 no vote by editorial employees. The Guild tweets:

The Guild also tweeted a copy of a statement by Herald publisher Pat Purcell, which reads in full:

We are disappointed that the Boston Herald Commercial and Editorial units of The Newspaper Guild of Greater Boston failed to ratify new collective bargaining agreements. We have been, and will continue to be, negotiating in good faith. We look forward to the next round of discussion, and hope it results in a fair and equitable outcome.

Earlier: Boston Herald editorial employees reject contract.

Clean water, political infighting and the View from Nowhere

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I’ve asked my students to come up with examples of news stories that reflect the View from Nowhere — an idea advanced by New York University journalism professor Jay Rosen that, to oversimplify, amounts to “he said/she said” objectivity in its most mindless form — and to balance that with a second story demonstrating the View from Somewhere.

Since some of my students seemed a bit bewildered by the assignment, I thought I’d give it a try. My example is an announcement made on Wednesday by the Environmental Protection Agency and the U.S. Army Corps of Engineers. The two agencies have issued a new set of rules aimed at protecting small streams under the federal Clean Water Act. The rules are a reaction to a 2006 Supreme Court ruling that cast the government’s regulatory authority into doubt.

My leading contender for the View from Nowhere is an article by The Associated Press whose very headline announces the story’s flaws: “New Federal Rules on Stream Protection Hailed, Criticized.” The reporter, Mary Clare Jalonick, focuses almost entirely on the political debate sparked by the new rules. The lede is serviceable enough. But watch what happens in the second paragraph:

WASHINGTON (AP) — New federal rules designed to better protect small streams, tributaries and wetlands — and the drinking water of 117 million Americans — are being criticized by Republicans and farm groups as going too far.

The White House says the rules, issued Wednesday, will provide much-needed clarity for landowners about which waterways must be protected against pollution and development. But House Speaker John Boehner declared they will send “landowners, small businesses, farmers, and manufacturers on the road to a regulatory and economic hell.”

And so it continues, with Democrats defending the new rules, Republicans criticizing them and advocacy groups on either side of the issue weighing in. Yes, there’s some explanation along the way, but you never get an entirely clear sense of what the rules would actually do. Rather, it’s a political story, played out against the backdrop of partisan Washington. The informational needs of an ordinary member of the public are scarcely addressed.

I’ll get to my example of the View from Somewhere in a moment. But first, I want to flag this Washington Post story, which is largely grounded in the View from Nowhere but does a better job than the AP of telling us what we need to know — starting with the headline, “EPA Strengthens Federal Protections for Small Streams.” The emphasis is on what the EPA actually did and what effect it might have rather than on partisan politics. The first two paragraphs are full of useful information. Reporter Darryl Fears writes:

Nearly a decade after the Supreme Court pointed out the confusion over exactly which waters fall under the Clean Water Act, the Obama administration responded Wednesday with a new rule that states what is protected and what is not.

Navigable tributaries, as well as the rivers they feed into, are protected because the flow of streams and creeks, if polluted by farming and development, could affect the health of rivers and lakes, the rule states.

Farther down, Fears veers into the partisan battle, quoting an opponent, U.S. Sen. James Inhofe, R-Oklahoma, chairman of the Environmental and Public Works Committee, as well as the White House response. The story is also interspersed with tweets from elected officials. But partisan politics are not entirely unimportant, as congressional Republicans could overturn the new rules. Overall, Fears shows how to write a story that embraces the View from Nowhere while still managing to provide a coherent explanation of what happened and why.

My morning search for a story exemplifying the View from Somewhere failed to turn up exactly what I was looking for. But I did find an excellent article on the clean-waters issue from last September in Slate, which has always been a good source of explanatory journalism. With minor updating, the article, by Boer Deng, could have run today — and cast a lot more light on the EPA’s announcement than the AP or even the Post managed to provide. Look how she begins:

Everyone wants clean water, but not everyone agrees on how to make sure it stays pollution-free. The Clean Water Act is one of the most successful pieces of environmental legislation in American history: Forty years ago, only a third of the country’s lakes and rivers could support fishing or swimming. Now two-thirds do. But when a bill for the CWA was offered up in 1972, Richard Nixon vetoed it, complaining that it would cost too much. It took a bipartisan congressional override to enact the law.

Controversy over the CWA continues, and a particularly ambiguous phrase in the law has been a perennial source of legal trouble. The CWA compels the Environmental Protection Agency and the U.S. Army Corps of Engineers to protect the integrity of the “waters of the United States.” Industrial interests argue that a reference in the text of the law to “navigable waters” limits federal jurisdiction to waters you can boat on. This has let them get away with discharging pollution into smaller waterways. Regulators disagree, since pollutants in these waterways drain into and threaten larger navigable waters, too.

OK, I’ll concede that Deng is leading with background information, which is generally thought of as not the best way to structure a story. But this is a really complicated issue. Thanks to Deng’s explanation, you now know exactly what it’s about before she asks you to jump into the deep end.

One characteristic about the View from Somewhere that can be difficult to get across is that though journalism with a point of view is sometimes opinionated, it doesn’t have to be. Deng takes a first-person stance and expresses the point of view that clean water is, in fact, a good thing. But she does not state an opinion as to whether the regulations that were then being considered were the best way to accomplish that goal. This isn’t opinion journalism. Her point of view is her expertise, which she earned by going out and doing the reporting.

As a result, opponents become human beings rather than caricatures. Instead of House Speaker John Boehner or Sen. Inhofe saying predictable things, she gives us Bob Stallman, head of the Farm Bureau, who asks a very reasonable question: “A good portion of the water on my rice farm would count as wetland ‘water of the U.S.’ Will I now need a permit every time I want to water my rice?” And Deng attempts to provide an answer: “The EPA says this is nonsense — and some of its administrators have expressed exasperation with what they see as willful misinterpretation that has undermined efforts to craft sound policy.”

Jay Rosen’s idea of what journalism can be is animated by the debate between two great philosophers — Walter Lippmann, whose book “Public Opinion” (1922) argued that ordinary people lacked the information, time and interest to be full participants in democracy, and John Dewey, whose retort to Lippmann, “The Public and Its Problems” (1927), took a more optimistic view. Rosen, in his 1999 book “What Are Journalists For?”, describes Dewey’s beliefs:

Democracy for Dewey meant not a system of government but a society organized around certain principles: that every individual has something to contribute, that people are capable of making their own decisions, that given the chance they can understand their predicament well enough to puzzle through it, that the world is knowable if we teach ourselves how to study and discuss it. Time and again Dewey argued that to be a democrat meant to have faith in people’s capacities, whatever their recent performance.

(I put together a slideshow for my students on Rosen’s description of the Lippmann-Dewey debate, which you can see by clicking here.)

For Rosen, and for all of us, the question is how to encourage the journalism we need for John Dewey’s vision of a democratic society to work. It is also at the root of my 2013 book on new forms of online local journalism, “The Wired City.”

Stories such as Deng’s Slate article may not conform to the old rules of objective journalism. They may not embrace the View from Nowhere. But they tell us a lot more about what we need to understand public policy — about what our government is doing for and to us — and, thus, it provides us with information we need to govern ourselves.

Photo by Sergei Rubliov is in the public domain.

Journalists, advocates back public-records reform

Journalists, political figures and others testified on Beacon Hill Tuesday in favor of legislation that would strengthen the state’s public-records law. Joshua Miller covers the story for The Boston Globe. In March, the School of Journalism faculty at Northeastern University called for public records reform. Below is a press release on Tuesday’s hearing from the New England First Amendment Coalition.

The New England First Amendment Coalition testified Tuesday in support of legislation that would improve access to public records in Massachusetts. Justin Silverman, NEFAC’s executive director, spoke to a state legislative committee on behalf of the coalition, describing a lack of access to records and a strong need for reform.

“The ability to gather news and inform communities, to understand government and engage with elected leaders, is essential to the democratic process,” Silverman said. “Yet in my role as executive director I regularly speak with journalists and community members from throughout the state who are frustrated at the inability to obtain information about their government, information that is public by law but in reality is unobtainable and essentially secret.”

The Joint Committee on State Administration and Regulatory Oversight provided the hearing to allow testimony on House Bill 2772 and Senate Bill 1676. The legislation would eliminate technological and administrative barriers to the enforcement of the public records statute. It would also update the law to reflect advances in technology, require state agencies to have a “point person” to handle records requests, reduce fees for obtaining public records, and provide attorneys’ fees when agencies unlawfully block access to public information.

“With this legislation, for example, the concerned father who is getting the runaround from school officials over policies affecting his children will have a designated point-person to help fulfill his request,” Silverman said. “That same parent won’t be charged hundreds of dollars in copying costs when electronic files of those policies exist. The journalist from a small suburban newspaper who successfully appealed a denial of records but still hasn’t received those records can use the attorneys’ fees provision to help find a lawyer to litigate on his behalf.”

NEFAC’s full testimony can be read here. More information on the legislation and the coalition’s work as a leading member of the Massachusetts Freedom of Information Alliance — a group formed specifically to advocate for public records reform — can be read here.

From the department of shameless self-promotion

Well, this is interesting (to me, anyway). Matthew Kassel of The New York Observer has included me on a list of 17 people who could succeed the late David Carr as The New York Times’ media columnist.

As Kassel rightly points out, “It’s impossible to replace David Carr.” And I can think of few prospects less appealing than being compared to Carr on a daily basis. Still, it was flattering to get a mention alongside folks I truly admire like — well, OK, I won’t say. I love them all.