Though the Globe appends online corrections to the original articles, it had not up until now run them separately, as it does in the print edition. That was fine for archival purposes. But if you simply read the paper online every day, you had no way of knowing whether something had later been corrected.
In any event — kudos.
Correction: This is a whole lot more complicated than I had first thought. See my follow-up.
In today’s Boston Globe, Somerville Mayor Joe Curtatone and I debate the merits of expanding the region’s public transportation system following the winter of #MBTApocalypse — a no-motion catastrophe that is not yet over.
I actually don’t think Curtatone and I disagree all that much. We both reject the “reform before revenue” silliness (we need both). And I certainly think expansion is a good idea — some day. But we’ve got to fix the system we have before plunging ahead with ambitious new plans.
Monday update: While we’re talking about MBTA expansion, let’s think about what kind of expansion would give us the biggest bang for our buck. The Globe reports today that there’s not nearly enough parking at T stations, forcing people to drive to Boston even though they’d rather take public transportation — as anyone who’s ever arrived at Oak Grove much after 7 a.m. can attest. Building parking garages isn’t cheap, but they also generate a lot of revenue.
Danny Schechter speaking at the 2009 Eurasian Media Forum in Almaty, Kazakhstan.
One of my proudest moments as a journalist took place in Almaty, Kazakhstan, in the spring of 2009, when Danny Schechter and I both spoke out on behalf of Yevgeniya Plakhina, a young reporter who was fighting for freedom of speech on the Internet.
Danny and I were in Almaty to speak at the Eurasian Media Forum, an annual gathering of journalists and academics that is essentially sponsored by the government of President Nursultan Nazarbayev.
When Plakhina disrupted a panel to protest the arrest of several of her fellow activists, Danny started demanding answers. Sadly, what he wrote at the time is no longer online. But I interviewed Plakhina and wrote an article about it for The Guardian. (And in case you’re wondering what happened to Plakhina, she is alive and well, according to her Facebook page.)
Danny died of pancreatic cancer in New York on Thursday at the age of 72. The news that Danny was gone hit me hard, as it did a lot of people I know. He was someone I had admired since I was a teenager and he was the “News Dissector” on WBCN Radio in Boston. Listening to Danny and reading alternative weeklies like The Boston Phoenix and The Real Paper were what led me to pursue a career in journalism.
We weren’t especially close, but I considered him a friend. I interviewed him on occasion and reviewed a few of his books. (Here is an index of the posts I wrote about him for this blog.) In reading some of the tributes to him on Facebook last night, he seemed David Carr-like in how many lives he touched. He was certainly Carr-like in his energy, fearlessness and kindness toward others.
You can read all about his career in this obituary by Don Hazen at AlterNet.
Schechter was, among many other things, perhaps the leading Western journalist in reporting on South Africa and Nelson Mandela. Which leads to another story about Danny.
A few years ago Danny and I were talking about “Sun City,” an anti-apartheid music video produced by Artists United Against Apartheid, founded by Steve Van Zandt and producer Arthur Baker. Schechter was deeply involved in the making of “Sun City.” Everyone wanted Miles Davis to be included, but no one wanted to contact the notoriously difficult musician. Schechter agreed to do it, though not, he told me, without a considerable amount of trepidation. As it turned out, Miles agreed immediately — and Danny was hugely relieved. (That and other stories about “Sun City” are told in this Wikipedia article. And if you’ve never seen “Sun City,” stop what you’re doing and click here. Link now fixed.)
Danny (right) and I in Almaty, Kazakhstan.
Back to Kazakhstan. It was because of Danny that I was invited to speak at the Eurasian Media Forum — he’d attended previous forums, and he recommended me to moderate one panel and participate in another. It was what you might call a semi-legitimate event, held, it seemed, to bolster the image of the president’s daughter, Dariga Nazarbayeva, who is in charge of the forum every year.
Some of the journalists who attended struck me as nauseatingly obsequious to their hosts, but not Danny. Taking his cheerful defiance as my inspiration, I left the hotel (something that was not encouraged by the organizers) to interview Adil Nurmakov, an editor for Global Voices Online and a member of the political opposition.
Danny was especially delighted at the outdoor party that ended the forum. As scantily clad young women danced to loud, vaguely Kazakh-sounding music, Danny yelled in my ear, “This is a nominally Muslim country!” He kept repeating something one of the Kazakh attendees told him about the display of female flesh: “Ach! This is nothing!”
Danny’s father, Jerry, died just six years ago at the age of 90. Unlike Jerry Schechter, Danny was not granted the gift of longevity. But he packed a lot of living into his 72 years and touched many lives. Today my heart goes out to his family and friends, including his longtime business partner, Rory O’Connor.
Danny Schechter was a giant of journalism and of progressive politics, demonstrating that the two could be combined with passion and integrity. It’s hard to believe that he’s gone.
Thanks to The Boston Globe’s Todd Wallack, we learned last week that the supervisor of records, charged with enforcing the Massachusetts public records law, has permitted police departments withhold arrest reports and mug shots from the public in their “discretion.” Unsurprisingly, police departments have exercised that “discretion” to shield the identities of police officers arrested for drunken driving while publicizing the arrests of other Massachusetts residents for the same crime.
Yesterday, Secretary of State William Galvin took to Jim Braude’s “Greater Boston” show on WGBH-TV (Channel 2) to defend the rulings. He pointed out that he had previously ruled that arrest reports to be public, but said he had to back down because another agency, the Department of Criminal Justice Information Systems (DCJIS), told him the records are secret under the “criminal offender record information” (CORI) statute. Former attorney general Martha Coakley shared that view, Galvin said, and the new attorney general, Maura Healey, has tentatively agreed.
But are they correct? Does the law allow the police officers to decide which arrest reports do and do not get released? The answer, thankfully, is no.
First some quick background. The public records law creates a presumption that all government records are public. Only if a specific, listed exemption applies can the government withhold documents, and those exemptions are supposed to be construed narrowly. Galvin relies on the exemption for records “specifically or by necessary implication exempted from disclosure by statute,” here, the CORI law. The CORI law does impose certain limits on the disclosure of “criminal offender record information,” but it limits that term to information “recorded as the result of the initiation of criminal proceedings and any consequent proceedings related thereto.”
The word “initiation” is important. As late as 2010, Galvin’s office held the commonsense view that a “criminal proceeding” is initiated with the filing of a criminal complaint. Arrest reports and mug shots are generated before criminal complaints are filed, so they’re presumptively public. But in 2011, the DCJIS (which administers the state’s CORI database) told Galvin it believed “initiation of criminal proceedings” means “the point when a criminal investigation is sufficiently complete that the investigating officers take actions toward bringing a specific suspect to court.” That necessarily precedes arrest and booking, so all arrest reports and mug shots are covered by CORI. This “interpretation” is now contained in a DCJIS regulation. Another regulation says that police can release CORI information surrounding an investigation if they think it’s appropriate to do so.
In the common parlance, however, “criminal proceedings” occur in court, and they begin with the filing of a criminal charge. We don’t typically think of an arrest without charges as involving a “proceeding.” Galvin seems to agree — his office’s rulings have said only that DCJIS believes “initiation” occurs earlier — but he has thrown up his hands and deferred to this odd “interpretation” of the CORI statute.
The thing is, Galvin isn’t bound by what DCJIS says. The public records law says that the supervisor of records is entitled to determine “whether the record requested is public.” The DCJIS’s regulation adopting this view is irrelevant, too, because as noted above, the public records law only exempts documents “specifically or by necessary implication exempted from disclosure by statute.” The Supreme Judicial Court ruled in 1999 that the “statutory” exemption doesn’t extend to mere regulatory enactments “promulgated under statutory authority,” even “in close cooperation with the Legislature.” Despite this ruling, just Wednesday, Galvin’s office again refused to order state police officer mug shots to Wallack on the ground that “[b]y regulation,” — not statute — they are exempt CORI documents.
Wallack’s reporting has led us to a momentous Sunshine Week in Massachusetts. We’ve seen unusual, coordinated editorials in major Massachusetts newspapers condemning the rulings, a letter published in the Globe, the Boston Herald and GateHouse Media newspapers (including The Patriot Ledger of Quincy and The Herald News of Fall River) signed by members of the Northeastern Journalism School faculty, and extensive coverage on the normally neglected subject of government transparency.
To his credit, Galvin is calling for reforms to the public records law, and Attorney General Healey has vowed to work with his office to strengthen transparency. Reforms are sorely needed, especially to require shifting of attorneys’ fees if a requester successfully sues. But in the meantime, Galvin can and should reconsider his misguided rulings on arrest records.
Jeffrey J. Pyle is a partner at the Boston law firm of Prince Lobel Tye and a trial lawyer specializing in First Amendment and media law.
Alex Beam has an amusing column in The Boston Globe today on people who have the same name or close to it — like Isiah Thomas and Isiaih Isaiah Thomas, or Alex Beam and, yes, Alex Beam.
This is not the first time Beam has gone there. Here’s a column he wrote in 2003 on three Dan Kennedys. And he didn’t even mention the soccer player. Then again, that Dan Kennedy was only 11 years old at the time.
Photo (cc) by Ryan Byrne and published under a Creative Commons license. Some rights reserved.
The state’s weak public-records law has long needed to be reformed. A lack of meaningful penalties for government agencies that refuse to turn over public records, outrageous fees and other problems make Massachusetts a laggard when it comes to transparency. Several years ago the State Integrity Investigation awarded Massachusetts a richly deserved “F” on public access to information.
Last week brought mind-boggling news from Todd Wallack of The Boston Globe, who reported that Secretary of State William Galvin’s office has issued rulings allowing certain formerly public records to be suppressed, including arrest reports of police officers charged with drunken driving. (Galvin later turned around and called for an initiative petition to put some teeth in the public-records law. Make of that what you will.)
Now the Globe, the Boston Herald and GateHouse Media Massachusetts have editorialized in favor of significant reform. The Massachusetts Freedom of Information Alliance, a group comprising the New England First Amendment Coalition, the ACLU of Massachusetts, the Massachusetts Newspaper Publishers Association and others, is calling for immediate action.
Seventeen of my colleagues and I at Northeastern’s School of Journalism lent our voices to the cause this week with a letter that has been published in the Globe, the Herald and (so far) two GateHouse papers: The Patriot Ledger of Quincy and The Herald News of Fall River. Because the Globe and the Herald were unable to run everyone’s names, I am posting them here. They include full-time as well as adjunct faculty:
Dan Kennedy, interim director
Chris Amico
Mike Beaudet
Nicholas Daniloff (emeritus)
Charles Fountain
Carlene Hempel
Joy Horowitz
Jeff Howe
William Kirtz
Dina Kraft
Jean McMillan Lang
Laurel Leff
Gladys McKie
Lincoln McKie
Bill Mitchell
Tinker Ready
James Ross
Alan Schroeder
This is Sunshine Week, an annual celebration of open government. In Massachusetts it’s time to let the sun shine in.
Michael Paulson underplays Jeb Bush’s enthusiasm for the death penalty in a front-page New York Times story on Bush’s Catholicism. Paulson dwells on Bush’s opposition to abortion rights and to the comfort his adopted faith has brought him. For instance:
“It gives me a serenity, and allows me to think clearer,” Mr. Bush said as he exited the tile-roof church here on a recent Sunday, exchanging greetings and, with the ease of a longtime politician, acquiescing to the occasional photo. “It’s made me a better person.”
Paulson’s sole excursion into capital punishment comes in the sixth paragraph, and it is hedged with a “but”:
He differed from his church, significantly and openly, over capital punishment; the state executed 21 prisoners on his watch, the most under any Florida governor since the death penalty was reinstated in 1976. But he has won praise from Catholic officials for his welcoming tone toward immigrants and his relatively centrist positions on education — two issues in which he is at odds with the right wing of his party.
It will be interesting to see how this plays out as the presidential campaign gears up. For years, leaders of the Catholic Church have excoriated pro-choice politicians while going easy on those who are pro-life but who also favor the death penalty. (Yes, I realize how strange that sounds.) Pope Francis is surely as pro-life as his predecessors. But he may also prove to be more expansive in his definition of what it means to be pro-life, which could create problems for Bush. For instance, last fall Francis called for the abolition of capital punishment and of life imprisonment as well, according to the Catholic News Service.
As for Paulson, an excellent religion reporter who is also a Boston Globe alumnus, I wish he had found space for more than 33 words in a 2,200-word article to explain exactly how far from the Catholic Church’s teachings Bush has deviated.
Photo (cc) by Gage Skidmore and published under a Creative Commons license. Some rights reserved. Some rights reserved.
This is Sunshine Week, an annual celebration of open government. And President Obama is celebrating — by shrouding more White House public records behind a veil of secrecy. OK, this only makes official what had been longstanding policy. But still.
Late Tuesday afternoon I was at the Los Angeles Times, interviewing people about the state of the Orange County Register, when suddenly the word came down.
Aaron Kushner, who’d bought the paper in 2012 and presided over a dizzying expansion and stomach-churning retrenchment, was stepping down from his executive role. His co-owner, Eric Spitz, was moving to a reduced role. And Richard Mirman, a former casino executive who’d been brought in as publisher last fall, would become president and chief executive officer of the Register’s parent company, Freedom Communications.
The Register covers the story here; the Times here; and OC Weekly here.
I had traveled to Southern California to do some reporting on Kushner’s stewardship of the Register. I visited the paper on Monday and sat in on a news meeting. I am — no kidding — scheduled to interview Kushner later today, a meeting that took weeks to set up. I’m going to keep my appointment and see if he or anyone else will see me.
Kushner, who tried to buy The Boston Globe and then the Portland Press Herald of Maine, was widely portrayed as either a savior of the newspaper business or a naive idealist after he assumed the reins at the Register. He emphasized print over digital and more than doubled the size of the newsroom. But his moves became increasingly hard to understand. He bought The Press-Enterprise of Riverside, then launched new dailies in Long Beach and Los Angeles.
Starting more than a year ago, the expansion was reversed. Layoffs and buyouts commenced. The LA and Long Beach papers were closed. And the Register’s plant in Santa Ana was sold for $27 million.
The situation right now is confusing and fluid. In reading the Times’ and the Register’s coverage, it seems that Kushner, Spitz and Mirman all have ownership shares. Media business analyst Ken Doctor tells the Times that Mirman’s job “is to steady the place and to get it ready for another owner.”
National security reporter Bryan Bender is leaving The Boston Globe to take a position as national security editor at Politico, where he will be reunited with executive editor Peter Canellos, a former Washington bureau chief for the Globe.
“How lucky I am to have something that makes saying goodbye so hard.”
Winnie the Pooh said that. As I hang up my hat after more than a dozen years at the Globe, it captures how bittersweet it is to bid adieu to all of you and this great institution.
I feel as though I am leaving part of my family, one that raised me as a journalist and taught me the meaning of integrity and hard work and that what we do in this business truly can be a public service.
I will always be grateful for the front row seat the Globe gave me to some of the defining events of our time. I had a heck of a lot of fun doing it. The adventure continues for me and I know I am prepared for what lies ahead only because of where I came from.
Cherished colleagues have come and gone over the years but I will never forget our Globe sister and brother, Elizabeth Neuffer and Anthony Shadid, who gave their lives giving voice to the voiceless. I was so darn lucky to have learned at their knee.
There are so many others to thank in Washington and Boston for this exhilarating, deeply meaningful ride. But no goodbyes to my Globe family. I reserve full visitation rights!
#/media/File:Dan_Kennedy_Chivas_USA_2011.jpg){kind=link}
