A better way of covering the Indiana discrimination story

It's all about the cake.
It’s all about the cake.

In a frustratingly inconclusive Washington Post column today on Indiana’s religious-freedom law, Kathleen Parker writes, “Without diving into the weeds, the law aims to protect religious freedom against government action that abridges deeply held convictions.”

Trouble is, the weeds are exactly where we need to be. The public perception is that the law would discriminate against the LGBT community. Yet Indiana Gov. Mike Pence, who supports the legislation (though he now wants to add clarifying language), has insisted that it would not discriminate. For instance, Tony Cook and Tim Evans quote Pence in today’s Indianapolis Star as saying that the law “does not give anyone a license to deny services to gay and lesbian couples.”

For someone trying to follow this story, the problem appears to be two-fold. First, the law itself is vaguely worded and could be interpreted in a variety of different ways. Second, the media for the most part have covered this as a political story, more interested in traditional narratives about winners and losers than in what effect the law might actually have on people.

Bits of background emerge here and there. For instance, we’re regularly told that the Indiana law is similar (though not identical) to the Religious Freedom and Restoration Act, signed by Bill Clinton in 1993, and that 19 other states already have such laws on the books. We know that Arkansas is on the brink of joining those states. For the most part, though, coverage is framed in terms of pure politics.

My frustration spilled over this morning in reading the latest from The New York Times and The Washington Post. I don’t mean to single them out. It’s just that I’ve been thinking about this in recent days, and today’s coverage crystallized my sense that the public is not being as well-served by journalism as it could be.

The Times story, by Campbell Robertson and Richard Pérez-Peña, and the Post story, by Philip Rucker and Robert Costa, are mainly about politics. You learn a lot from both of them. The Post strikes me as particularly insightful, as Rucker and Costa observe in their lede that the controversy over the Indiana law “has drawn the entire field of Republican presidential contenders into the divisive culture wars, which badly damaged Mitt Romney in 2012 and which GOP leaders eagerly sought to avoid in the 2016 race.” The Post also notes that Pence may harbor presidential ambitions of his own.

But if you want to know what, exactly, the law would do, you’re out of luck, unless you want to latch onto Gov. Pence’s assurances that it won’t do much of anything (then why pass it?) or the warnings of civil-rights groups that it would legalize discrimination against sexual minorities.

Here is how I’d define what we need to know.

Does the Indiana law merely (for instance) prohibit the government from requiring a member of the clergy to perform same-sex marriages? No; the wording of the law makes it pretty clear that the door is open to actions that would go well beyond that. In any case, the clergy is already protected by the First Amendment.

So where does the law draw the line? What it comes down to, as Kathleen Parker and others have pointed out, is cake. Would the law allow a bakery to refuse to sell a wedding cake to a same-sex couple? And here is where the coverage has tended to devolve into a one-side-says-this/the-other-side-says-that morass.

Maybe the Indiana law is just too vague to provide a clear answer to that question. Nevertheless, I think German Lopez of Vox deserves a lot of credit for trying. In a lengthy article published on Tuesday, Lopez pulls together all known facts — the background, the threatened boycotts — and points out that, historically, laws such as Indiana’s have not been used to engage in the sort of discrimination LGBT advocates are worried about. (My favorite example involves the Amish, who were exempted from a law requiring them to put fluorescent lights on their buggies.)

Nevertheless, Lopez notes that supporters of the Indiana law have celebrated the idea that “Christian bakers, florists and photographers” would not have to “participate in a homosexual marriage!” So the intent to discriminate is clearly there. Countering that, though, is University of Illinois law professor Robin Wilson, who tells Lopez that it is unlikely the courts would uphold such discrimination. And yet, as Lopez observes, the U.S. Supreme Court’s Hobby Lobby decision raises the specter that Wilson’s sanguinity might prove unwarranted.

Of course, Vox’s self-styled mission is to explain. But I would argue that even a daily update in a developing story like this ought to explain as clearly as possible what the law is about, or at least link to such an explanation.

In his book “Informing the News,” Thomas E. Patterson writes that journalists need to add a third tool — knowledge — to their traditional tools of direct observation and interviews. In the case of Indiana, telling us what the religious-freedom law would actually do is at least as important as telling us what people are saying about it.

Note: If you find any particularly good explainers about the Indiana law, let me know and I’ll post links to them here. And here we go:

• This article, by Stephanie Wang of the Indianapolis Star, is quite good. (Thanks to Mike Stucka.)

• Here’s an explainer in Q&A form that’s in today’s Times. (Thanks to Kris Olson.)

• In the comments, Steve Stein flags this article by Kristine Guerra and Tim Evans of the Indy Star that explains the differences between federal and state law.

On Twitter, I got recommendations for several worthwhile pieces — one from the liberal website ThinkProgress and two from more conservative sources, The Weekly Standard and Commonweal:

https://twitter.com/dfdore/status/583285266254794752

This commentary was also published at WGBHNews.org.

Photo (cc) by D&K and published under a Creative Commons license. Some rights reserved.

Stomp out clichés and aim for ‘austerity of language’

b_kirtzBy Bill Kirtz

If you feel under par, work your fingers to the bone, and know it’s time for a change, click on the Cliché Site to trade tired phrases for compelling images.

That was one of myriad tips from top nonfiction writers last weekend at Boston University’s annual narrative journalism conference.

Organized by BU journalism department writer-in-residence Mark Kramer, the conference drew some 400 writers and editors from around the world. They discussed everything from viral content to social justice reporting to humanizing even the worst criminals.

Kramer preached his well-known gospel of “austerity of language: elegant, taut” prose that convinces readers they’re in the hands of an engaging storyteller. “Go on a to be hunt,” he said. “Get rid of whens and as’s. Lose clichés and metaphors.”

Keynote speaker Jill Abramson, a former New York Times executive editor now teaching at Harvard, repeated the good writing mantra: “Show, don’t tell. Collect anecdotes and revealing detail.” She called Gay Talese’s 1966 classic “Frank Sinatra Has a Cold” the epitome of the narrative genre.

Abramson had good news and bad news as journalism faces a “rapid riptide of change.” The good: long, ambitious reporting is in high demand. She singled out BuzzFeed’s “wonderful” criminal justice series and former Times colleague Jeff Gerth’s exposé of Hillary Clinton’s private emails as exemplars of excellent coverage delivered over new platforms. Gerth, a two-time Times Pulitzer winner now with ProPublica, co-wrote the March 27 article with Gawker reporter Sam Biddle.

The bad news, according to Abramson: worldwide legal threats to freedom of the press. She noted that a study of corruption in Russia under President Vladimir Putin hasn’t been published in Britain because of fears of legal action.

Abramson sees storytelling platforms consistently shifting, with platforms such as Snapchat and Instagram giving nonfiction writers new tools and outlets.

One of those is BuzzFeed, where Mark Schoofs, a Pulitzer winner at The Village Voice, now leads an investigative unit as the site augments viral content with some 130 domestic and foreign news staffers,

Schoofs said social justice reporting hasn’t changed much since Upton Sinclair, Ida Tarbell and others started muckraking powerful institutions more than 100 years ago. As ever, he said, it is based on “the desire to change, to expose a wrong, to have your journalism matter.”

He said these stories may start with “outrage,” but you have to skewer sacred cows if their assertions are incorrect. “You’re not in the tank for any one ideology or group. Test your assumptions versus whatever you see on the ground.”

He loves immersive participatory journalism and stories that have wrongdoing at their heart, calling David Barstow’s Pulitzer Prize-winning Times series on Wal-Mart bribery one of the best in recent years.

Exposing wrongdoing? Fine. But why humanize evil-doers?

Beth Schwartzapfel examines the inner lives of rapists and murderers because “just calling someone a scumbag is lazy, way too easy. He’s a person” and understanding him can be a valuable way to examine what made him do it.

Schwartzapfel is a staff writer with the Marshall Project, a new nonprofit, nonpartisan news organization that covers the criminal justice, system; she is also a frequent freelancer. She tries to get beyond obvious good guy/bad guy distinctions, asking what if Truman Capote’s groundbreaking “In Cold Blood” had ignored the killers and concentrated only on their victims.

Profiling a man who’s served more than three decades for a murder he committed as a teenager, she doesn’t gloss over what he did. She includes graphic descriptions of the crimes and always details the victim’s family’s grievous loss.

“Don’t give [inmates] a soapbox,” she said. “Being sympathetic is not being their advocate. Let readers come to their own conclusions” about whether they deserve parole. “Show how they’re human, not how they’ve been wronged. That’s up to the reader to decide. I tell them ‘I see it as my task to make you human.’”

As an example of a profile that goes far beyond the image of a stock villain, she praised Albert Samaha’s Village Voice profile of a New York City detective who framed innocent men to boost his conviction rate.

Some dismiss memoir as an unreliable narrator’s narcissistic ramble through the past. But in “Big Little Man,” Alex Tizon created a highly praised blend of history, memoir and social analysis.

“Many people dismiss memoir as easy, and a lot of the time memoir is just a cheaper form of storytelling — but it doesn’t have to be,” said Tizon, who won a Pulitzer for investigative reporting while at The Seattle Times. “Report the hell out of your own story,” he advised, having interviewed about 40 people for his book’s exploration of Asian-American masculinity.

To write a memoir, he said, “you have to risk being a fool unless you’re writing public relations. Include the painful parts. I put my siblings at a certain risk — what to leave out? I had to ask, ‘Could I live with this if a sister never spoke to me again?’ The truth is impossible, but my aim is to be as truthful as possible.”

Bill Kirtz is an associate professor of journalism at Northeastern University.

Banksters demand that Senate Democrats silence Warren

This is really a remarkable story. In today’s Boston Globe, Annie Linskey reports that banksters from JPMorgan Chase and Citigroup have threatened to withhold payoffs (let’s not be too squeamish about what we call these payments) to Senate Democrats unless they can get Elizabeth Warren and Sherrod Brown to shut up.

Warren has asked her supporters to raise $30,000 to make up the difference.

As the Globe notes, the story was first reported by Emily Flitter of Reuters, who adds the detail that Goldman Sachs and Bank of America are part of the cabal. Think about that the next time you visit the ATM.

More: Nice commentary by Charlie Pierce.

Not so fast on the Globe and online corrections

What would a post about corrections be without more corrections? On Monday I wrote that The Boston Globe had finally started posting corrections on its website instead of simply appending them to the original articles (not that that’s not important too). By the end of the day, though, former Globe digital guy Joel Abrams had tweeted that, in fact, it was nothing new:

But wait! It turns out that though Monday wasn’t the first time the Globe had published a separate corrections item on its website, it still hasn’t managed to do so consistently. For instance, if you look at the print edition of March 12, you’ll find three corrections — but nothing if you go to the Today’s Paper section of BostonGlobe.com for the same date.

I can’t think of a newspaper that gets online corrections exactly right. For instance, The New York Times runs corrections on its website, but they don’t appear in its iOS apps. The print edition of The Washington Post today includes four corrections, but they don’t seem to be online.

It’s time for newspapers to start getting corrections correct.

The Globe corrects its online corrections practices

If I’m not mistaken, today marks the debut of a freestanding correction section on The Boston Globe’s website. The move is long overdue; nearly two years ago I wrote about the shortcomings of online corrections in both the Globe and The New York Times.

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.

Debating the merits of MBTA expansion

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.

Remembering Danny Schechter

Danny Schechter speaking at the 2009 Eurasian Media Forum in Almaty, Kazakhstan.
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 and I in Almaty, Kazakhstan.
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.

This article has been reposted at WGBHNews.org and Common Dreams.

Arrest records and mug shots are not secret under state law

pyleBy Jeffrey J. Pyle

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 on the three Dan Kennedys

Dan_Kennedy_Chivas_USA_2011
Dan Kennedy

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.