A possible collision course over a confidential source

Brian McGrory

Boston Globe columnist Brian McGrory, who wrote about a secret sidebar conference with two jurors over the recent mistrial involving the Mattapan killings, may be hauled into court and ordered to reveal the identity of a confidential source.

Boston Herald reporter Matt Stout reported on April 3 that John Amabile, the defense lawyer for murder suspect Dwayne Moore, was demanding to know who had leaked information to McGrory about the lone juror whose refusal to convict Moore led to a mistrial. Four people died in the shootings, including a 2-year-old boy.

(Update: The Globe’s Maria Cramer also covered Amabile’s complaint on April 3.)

If the prosecution had leaked to McGrory in defiance of an order by the trial judge, Christine McEvoy, Amabile told the Herald, he might seek to have the charges against his client dismissed.

McGrory, not surprisingly, declined to talk about the matter in any detail when the Herald contacted him, saying, “Obviously I quoted someone in the column on a grant of anonymity, and I hope you would understand that.” And McGrory told his own paper, “Because the information was provided to me under the condition of confidentiality, I obviously can’t reveal the nature of the source.”

The parties were back in court on Tuesday. Cramer reports that Amabile told Suffolk Superior Court Judge Jeffrey Locke, who’s looking into Amabile’s complaint, that he might subpoena McGrory or prosecutor Edmond Zabin. Cramer writes that “Locke urged him not to do so without seeking the court’s permission.”

And the Herald’s Laurel Sweet, who also reported on the Tuesday hearing, quotes Locke as telling Amabile, “I’m not taking any remedies off the table.”

The inquiry will resume on May 8. If McGrory is asked to attend, it sounds like he’d be well advised to bring a toothbrush.

McGrory would have little to worry about if Massachusetts were not one of 10 states lacking a shield law giving journalists the right to protect their confidential sources. Last month, a legislative committee heard a proposal to create such a law, a broadly defined measure that would appear to protect anyone engaged in journalistic activities, including bloggers and citizen journalists.

The McGrory situation shows why a shield law could be beneficial. Whoever leaked to him was confident that the Globe would not reveal his identity. It is clearly in the public interest to get as many details about the Mattapan case out into the open as possible.

If Amabile’s complaint somehow leads to the source’s identity being revealed, that would have a chilling effect on the next insider who’s tempted to pick up the phone and call a reporter.

Note: This post has been corrected and updated.

The day Mike Wallace called me a “bastard”

Mike Wallace in 1957

This commentary has also been published at the Huffington Post.

In late 1997 I heard that Mike Wallace, the legendary “60 Minutes” reporter, had been in town to do a critical story on the Boston Globe’s reporting about Ray Flynn’s relationship with alcohol. So I called him up.

Flynn, the former Boston mayor who was by this time the U.S. ambassador to the Vatican, was believed to harbor further political ambitions. And a Globe team headed by Walter Robinson, now a  Northeastern colleague, traveled to Rome and produced a front-page story claiming that Flynn was spending an inordinate amount of time in the city’s Irish pubs. Robinson also reported seeing Flynn stagger out of a North End bar in the middle of the day. (The story is not on the open Web, but you can look it up.)

The Globe article provoked a controversy, and I had written about it for the Boston Phoenix, mainly defending the Globe on the grounds that Flynn had run afoul of cultural changes about politicians’ drinking habits, and that Flynn was widely thought to harbor further political ambitions. (In fact, he ran unsuccessfully for Congress the following year.)

Wallace was having none of it.

“As far as I’m concerned, the Globe never showed the connection between his public performance and his drinking,” Wallace told me. “How were the vital interests of the United States of America damaged? Was it worth two-and-a-half pages above the fold in the Boston Globe?” He then shifted his attention to me. Here’s what I wrote at the time:

“Jesus Christ, did they really have to do this to poor old Ray Flynn?” Wallace asked. “And you, you bastard … ” He proceeded to read an excerpt in which I wrote that Flynn was preparing to run for governor because “he can’t think of anything better to do.”

“Is that a fact?” Wallace demanded.

I mumbled something about its being an opinion piece. If I’d been a little quicker on my feet, I might have added that my opinion of Flynn’s motive is shared by a broad cross section of media and political insiders. Still, Wallace had a point.

And he was equally unimpressed with my contention that Flynn ran afoul of cultural changes surrounding alcohol and public drunkenness — that behavior once viewed as acceptable is now condemned, and that journalists, as a result, are less inclined to look the other way.

“You yuppies aren’t telling me that things have changed,” Wallace sneered. “Things haven’t changed at all.” He recalled the case of Wilbur Mills, an Arkansas Democrat who, in the early 1970s, was chairman of the powerful House Ways and Means Committee. Mills, an alcoholic, became publicly involved with a stripper; among other misadventures, he was photographed groping her drunkenly at a Boston club. Mills lost his chairmanship and ultimately left Congress.

“When Wilbur Mills got drunk on duty, so to speak, they ran him out of office. And that was a long, long time ago,” Wallace said.

At one point, he interrupted the interview to interject: “You’re writing this all down so you can make me out to be a horse’s ass.”

In fact, I think what I wrote about Wallace that day was fair and respectful, which you can judge for yourself. I was also impressed with Flynn’s reaction — he was never anything but gentlemanly in my future encounters with him, and he’s gone on to lead a useful and interesting post-political life.

As for Wallace, for many years he was the face and voice of “60 Minutes,” one of the most successful news programs in television history. You could observe that there’s no such thing as a golden age, but I really do think there was a golden age of television news, and Wallace was right in the middle of it. It’s remarkable to think that he made it to 93, and only did his last interview — with Roger Clemens — in 2008.

Like so many others we’ve lost in the last few years, Mike Wallace will be missed.

Photo (cc) via Wikimedia Commons.

Charges, countercharges and the truth

Paul Ryan

This commentary has also been published at the Huffington Post.

The general-election campaign finally, definitively got under way on Tuesday, when Mitt Romney won Republican primaries in Wisconsin, Maryland and the District of Columbia, and all but snuffed out Rick Santorum’s increasingly outlandish hopes.

With seven months of charges and countercharges from Romney and President Obama to look forward to, it will be interesting to see whether the media are up to the task of parsing truth from fiction — or if, instead, they will settle for the disreputable journalistic game of “Candidate A said X today, while Candidate B responded with Y.”

The first test may well be Obama’s tough speech Tuesday about the budget proposal put forth by U.S. Rep. Paul Ryan, the Wisconsin Republican who chairs the House Ways and Means Committee. Among other things, Obama called Ryan’s handiwork “radical” and “thinly veiled social Darwinism.” And he made much of Romney’s praise for the Ryan budget, mocking the former Massachusetts governor for calling it “marvelous.”

So, let’s unleash the X‘s and Y‘s, shall we?

Politico covered Obama’s speech, and ran a separate story on Ryan, who released a statement referring to Obama’s “failed agenda” and “reckless budgets.” The Washington Post characterized the president’s speech as “a stern and stinging rebuke,” balancing Obama’s words with Ryan’s statement. Actual numbers are relegated to a fact-checking piece by Glenn Kessler, who seems reluctant to say anything definitive. PolitiFact, which came under considerable criticism for bestowing its “Lie of the Year” on Democratic critics of Ryan’s Medicare plan last year, has not weighed in yet.

Interestingly, the New York Times appears to contradict the Republican view of reality pretty directly with regard to Obama’s statement that the Ryan budget would cut taxes for millionaires by $150,000 a year. The way this passage is written is a little confusing, but it’s hard not to come away thinking that Obama got it exactly right:

The White House’s calculation for the tax benefit is straightforward, but Republicans on the House Budget Committee say it is wrong. The average household earning more than $1 million would gain $46,000 from the House budget’s repeal of the Medicare hospital insurance tax that was part of the health care law, the Republicans said, and $105,000 from the extension of the Bush-era tax cuts that Mr. Obama wants to see expire next year.

So if “Republicans … say it is wrong,” how is it that the tax cuts add up to $151,000? Yes, the next paragraph goes on to say that might change. But it might not. The Republican Party has demonstrated little in the way of concern about revenue gaps its policies create, especially when those gaps benefit the 1 percent.

Which brings me to reality — that is, to the world of numbers and actual math. The New Yorker’s financial columnist, James Surowiecki, analyzes the Ryan proposal this week and neatly disposes of the notion that it is anything other than a thoroughly political document whose central premises don’t hold up, based as they are on three absurd nos: no tax increases; no cuts in military spending; and no federal intervention in holding down Medicare costs, even as he seeks to privatize the program.

The result, Surowiecki reports, is the Congressional Budget Office has found that all the cuts Ryan proposes — to college assistance, Medicaid, food stamps and other aspects of the social safety net — would, by 2050, come out of just 0.75 percent of the federal budget.

“[T]he Ryan plan is not about fiscal responsibility,” Surowiecki writes. “It’s about pushing a very particular, and very ideological, view of the proper relationship between government and society.”

And it’s the reality of those numbers that the media ought to ask about when they seek out Ryan for comment — or, more important, when they ask Romney why he thinks the Ryan budget is so “marvelous.”

Romney, as we know, is notoriously slippery and flexible, and my concern is that his reputation will work to his advantage. If Rick Santorum were in the lead and had embraced the Ryan budget plan, campaign reporters would assume that Santorum really meant it, and question him accordingly.

But with Romney, there’s an assumption — grounded in his record — that he is, at root, a moderate businessman, not all that ideological, who will say anything and embrace any issue. When the time comes to move to the center, he can make his support for the Ryan budget disappear as though he were, oh, shaking an Etch-a-Sketch.

Words ought to have more consequences that. If Obama can say something demonstrably true, and the media’s principal response is to quote the other side as saying Y, it’s going to be a long, unenlightening spring. And summer. And fall.

Photo (cc) by Gage Skidmore and republished here under a Creative Commons license. Some rights reserved.

At BU, a big mistake and a tough call

Interesting. Yesterday I told the Boston Globe I thought the Daily Free Press, Boston University’s independent student newspaper, did the right thing in asking editor Chelsea Diana to resign.

Today a Globe editorial argues persuasively (link now fixed) that the paper overreacted.

It’s a tough call. My sense is that given the nature of the Free Press’ offense (putting out an April Fools Day edition that indulged in alleged humor about rape), this wasn’t going away without a suitably dramatic move. Better a resignation now than demonstrations and a whole slew of resignations a week later.

But the whole idea of a student press is to give young journalists a chance to make mistakes and learn from them. Yes, this was a big one. Still, I hope this does no serious or permanent damage to Diana’s prospects. If anything, she should get credit for doing the right thing.

Here’s some useful background, with links, from Lauren Landry of BostInno.

Northeastern’s student newspaper seeks help

[youtube http://www.youtube.com/watch?v=5G9tIv69Jlg&w=500&h=284]

The Huntington News, Northeastern University’s independent, nonprofit student newspaper, is facing a financial challenge: its hardware is falling apart and its software is outmoded. If you’re part of the Northeastern community, or if you’d just like to help, click here for more information.

The Internet and the future of Chinese journalism

Wu Nan

Wu Nan, a Chinese journalist who’s spending the academic year as a Nieman Fellow at Harvard University, compares investigative reporting in China to “playing a video game” — negotiating the system is like finding your way through a maze, and it takes “wisdom and courage” to avoid the obstacles that keep popping up.

“On the other hand,” she told Northeastern students on Thursday, “it’s very addictive.”

Wu showed a video report she produced on black-lung disease suffered by Chinese coal miners, and discussed stories ranging from the outbreak of SARS to a train crash in Shanghai last summer in which a microblogger pushed government authorities to step up their lifesaving efforts.

“They had to admit they’d made a mistake,” she said.

Wu also said the sheer size of the Chinese Internet — 420 million Internet users, 270 million mobile phone users and 250 million users of Weibo, the Chinese equivalent of Twitter — gives her hope that the government will limit its efforts at censorship. The half-dozen or so largest Internet companies are one-fourth the market value of Apple, she said, and the government is dependent on the tax revenue they generate.

Those remarks were accompanied by a PowerPoint slide that was optimistically titled “Online Media: Too Large to Control.”

Wu earned a master’s degree in journalism at the University of California in Berkeley, and also spent three years as a news assistant in the Boston Globe’s Beijing bureau.

Asked about the difference between reporting for the Chinese media and for the Chinese edition of the Wall Street Journal, where she has also worked, she responded that in China, reporters always lead with policy, whereas at the Journal, the rule is to lead with an anecdote. But, she said, “the essence of journalism is the same.”

“NPR” is not a synonym for public radio

This is a mistake that comes up over and over, and today’s offender is the Boston Globe. The headline on an editorial about the Mike Daisey/“This American Life” debacle reads “NPR: Exposing Apple’s worm, and its own.”

The editorial itself refers to “This American Life” as an “NPR show.” It goes on to note that Daisey’s fabrications about his trip to China were unearthed by “another NPR reporter.” (“Another”? Daisey is not a reporter.)

If you haven’t figured out where I’m going by now, “This American Life” is not an NPR program. It’s produced by Chicago’s WBEZ Radio, a public station, and distributed by Public Radio International, a competitor of NPR’s.

Daisey’s assault on the truth was exposed by a reporter for “Marketplace,” which is produced by American Public Media, yet another NPR competitor.

But wait. Doesn’t “This American Life” appear on NPR stations? No. And here’s where it gets confusing. Plenty of public radio stations market themselves as NPR stations because it’s a name brand they can use to attract listeners and advertisers — oops, sorry. Underwriters. NPR itself does not own stations.

Both of Boston’s large public stations, WBUR (90.9 FM) and WGBH (89.7 FM) call themselves NPR stations. But WBUR’s license is held by Boston University, and WGBH is an independent nonprofit organization that includes radio and television stations. (Disclosure: I’m a paid contributor to WGBH.) NPR is just one of several services (albeit the best-known) from which public radio stations buy programming.

“In a just world,” Reuters media columnist Jack Shafer recently tweeted, “we could say ‘NPR’ to describe all public radio, just as saying ‘Kleenex’ covers Scott Tissues and generic brands.”

Shafer was kidding, of course. And it does get confusing. But NPR takes enough grief from its critics without having to get blamed for programming on rival networks.

Now, if you’ll excuse me, I’m going to send an email to CNN complaining about Sean Hannity.

Afternoon update: The headline and editorial have been rewritten, and a correction has been appended.

Photo (cc) by Raul654 and republished here under a Creative Commons license. Some rights reserved.

City settles with man arrested for video-recording police

Andrew Phelps of the Nieman Journalism Lab has posted a useful round-up following the ACLU’s announcement that the city of Boston will pay $170,000 to settle a lawsuit brought by a man who was arrested while attempting to video-record police activity.

The suit was filed by Simon Glik, a lawyer, after he was arrested while recording the arrest of a teenager on the Boston Common in October 2007. The settlement follows a ruling last fall by the U.S. Court of Appeals for the First Circuit that Glik was “exercising clearly established First Amendment rights.”

The Boston Police Department has since reversed its stance that such video-recording violated the state’s wiretapping law. Said Glik’s lawyer, Daniel Milton:

It is important that citizens be able to record police acting in public so that the police can be held accountable for their actions. As we see all around the country and world, images captured from people’s cellphones can have a remarkably important effect on public debate of public information. It is ultimately a tool of democracy.

As media observer Dan Gillmor noted on Twitter, “It’s not the city of Boston that will pay for violating 1st Amendment; it’s the taxpayers. Good result anyway.”

Here’s the full text of the ACLU press release:

BOSTON — Simon Glik, a Boston attorney wrongly arrested and prosecuted for using his cell phone to record police officers forcefully arresting a man on the Boston Common, has reached a settlement with the City of Boston on his civil rights claims. The settlement requires the City to pay Glik $170,000 for his damages and legal fees.

Mr. Glik was forced to defend himself against criminal charges of illegal wiretapping, aiding the escape of a prisoner, and disturbing the peace. After a judge threw out those charges, Glik filed a civil rights suit against the city and the arresting officers in federal court in Boston, aided by the American Civil Liberties Union of Massachusetts and Boston attorneys Howard Friedman and David Milton. This settlement resolves that case.

The settlement follows a landmark ruling last August by the U.S. Court of Appeals for the First Circuit, declaring that the First Amendment protects the right to record police carrying out their duties in a public place, Glik v. Cunniffe 655 F.3d 78 (2011). The First Circuit’s ruling is binding only in Massachusetts, New Hampshire, Maine, Rhode Island, and Puerto Rico, but its persuasive reasoning has been cited by courts and lawyers nationwide facing the recurrent issue of police arresting people for filming them.

The Massachusetts wiretap statute prohibits only secret recording of audio. The First Circuit in Glik’s case affirmed that an arrest under the statute for openly recording the police would violate not only the First Amendment right to gather information but also the Fourth Amendment’s guarantee against false arrests.

“The law had been clear for years that openly recording a video is not a crime. It’s sad that it takes so much for police to learn the laws they were supposed to know in the first place. I hope Boston police officers will never again arrest someone for openly recording their public actions,” said Glik.

“The court’s opinion made clear that people cannot be arrested simply for documenting the actions of police officers in public. With this issue squarely resolved against it, it made sense for the City to settle the case rather than continuing to waste taxpayer money defending it,” said David Milton, one of the attorneys for Glik.

As part of the settlement, Glik agreed to withdraw his appeal to the Community Ombudsman Oversight Panel. He had complained about the Internal Affairs Division’s investigation of his complaint and the way they treated him. IAD officers made fun of Glik for filing the complaint, telling him his only remedy was filing a civil lawsuit. After the City spent years in court defending the officers’ arrest of Glik as constitutional and reasonable, IAD reversed course after the First Circuit ruling and disciplined two of the officers for using “unreasonable judgment” in arresting Glik.

After Glik filed suit, the City of Boston appeared to change its policy of letting police officers arrest and charge people with illegal wiretapping for recording them with cameras or cellphones in plain sight. The City developed a training video based on facts similar to the Glik case, instructing police officers not to arrest people who openly record what they are doing in public.

“The First Amendment includes the freedom to observe and document the conduct of government officials, which is crucial to a democracy and a free society. We hope that police departments across the country will draw the right conclusions from this case,” said Sarah Wunsch, ACLU of Massachusetts staff attorney.

Image via Wikimedia Commons.

The Boston Globe’s faster horse

Henry Ford is often credited as saying, “If I’d asked my customers what they wanted, they’d have said a faster horse.” Maybe he said it, maybe he didn’t. But I cite it in order to let you know that, this week, the Boston Globe unveiled a faster horse — the ePaper, a digital version of the Globe that looks just like the print edition.

On my laptop, the ePaper looks pretty much like replica editions I’ve tried for a number of other papers, including the Boston Herald, the Providence Journal and the New Haven Register. As these things go, the Globe ePaper is well-implemented. Just click on a headline and the story comes up. As with some other replica editions I’ve seen, it will read the stories to you in a slow, robotic voice. Unless you are visually impaired, you won’t want to do much with that.

But it’s the iOS version that I found to be a bit of an eye-opener. You would never think a full-size newspaper could be adapted to the small iPhone screen, but the Globe has somehow managed to make it usable. It was even better on Mrs. Media Nation’s iPad. Also with the iOS version, the entire paper automatically downloads to your device, so you can take it with you and read it in places where you don’t have Internet connectivity.

Also smart: You can buy a single edition through the iTunes Store for 99 cents.

Personally, I don’t picture using the ePaper often — I’d rather read BostonGlobe.com. But as someone who has severed ties with the print edition except on Sundays, I’m sure there will be times when I find myself calling up the ePaper. For instance, I may want to see how a particular story was played, or whether the print headline differed from the online headline. Or there may be a can’t-miss political ad.

For the most part, though, I’d rather drive a car than ride a horse. Even a faster one.

Tracing the arc of the narrative

By Bill Kirtz

As media analysts dissect the latest example of fabrication presented as fact, top narrative writers agree that nothing — however creative the writing process — can be made up.

Their comments came at last weekend’s Narrative Arc conference hosted by Boston University’s School of Journalism and co-sponsored by the Poynter Institute.

Conference organizer and BU journalism professor Mark Kramer, author of several non-fiction books and editor of “Telling True Stories,” said that as narrative journalism has developed into a genre, standards have gotten tighter. His often-repeated rules: make nothing up, no “tweaking” time sequences and be straight with sources.

When memoirists and others violate these standards, he added, they hurt the credibility of all non-fiction practitioners.

“An accumulation of bad examples has moved me from skepticism to cynicism about memoirs,” said Roy Peter Clark, a Poynter senior scholar and prominent writing coach and author. He and other speakers said non-fiction writers should spell out their techniques at the outset.

“Creative non-fiction is not a license to steal,” said Mitchell Zukoff, a BU journalism professor whose most recent book is “Lost in Shangri-La.” “Anything between quotes has to be what someone actually said.”

Zukoff acknowledges that in probing into long-past events, there are things you simply can’t know for certain. But you can describe a centuries-old figure by writing something like “paintings of the time show him with thick, wavy hair.”

Adam Hochschild, whose most book of historical non-fiction is “To End All Wars,” will reconstruct events but insists that everything “has to be true.” To bring the past to life, he focuses on scenes. “I try to think like a filmmaker. Where do I put my camera?”

Instead of interviewing someone, Hochschild advises reporters to follow them around and see how they interact with others.

Tom French, a Pulitzer Prize-winning feature writer and Poynter writing fellow, made a similar point. Before you start — and even on deadline — think about whose experience is most important. Figure out which character in your story has the most at stake. In a story about a proposed ban on lap-dancing, for example, a St. Petersburg Times reporter accompanied the dancers to the hearing. Rather than simply quoting politicians, they got such detail as body glitter and the dancers on city council chairs.

“Open strong and build to better,” French urged. Contrary to standard beliefs, he said the lede is the second most important part of a story. The ending is the most important. So he said a reporter should ask herself: what do you want the reader to remember most?

French said stories can come alive when they shift between opposites: in an Occupy story, alternating a protester and a shop owner’s points of view; long and short sentences, external and internal action.

How to spark such vivid writing? Jan Winburn, a well-known newspaper editor and writing coach now senior editor for enterprise at CNN.com, said reporters need editors with “infectious enthusiasm” who will encourage them with “tell me more” comments. She said editors should be good listeners, letting writers test ideas by saying them out loud.

“Stay surprisable,” she said. “You want the writer to find out what the story is, not what you think the story is.”

As Winburn helps bring long-form storytelling to a website known for breaking news, two multimedia editors detailed their experience blending narrative and visual elements.

Christian Science Monitor senior editor Clara Germani supervised an award-winning project that followed a Congolese third-grader and his family for a school year in Atlanta.

The series, which has 33 multi-media elements, won acclaim. But Germani said, “Multi-media on the Web doesn’t pay.” Reporter Mary Wiltenburg got a small monthly stipend and received two Pulitzer Center grants to go to Tanzania, while Germani had to handle the project besides her regular job supervising in-depth stories.

Amy O’Leary, a reporter in the “How We Live” group at the New York Times, has found that throwing too many elements into a series can produce confusion. She said “The Debt Trap” lost the audience because the story was too complex for the format, she said.

The Times had better results with “Flipped.” Showing how private equity dealmakers win while their companies lose, The Times implanted a narrative question early in the piece to make viewers and readers curious. “We kept it simple, limited choices and gave people the incentive to keep on,” O’Leary said.

Surveying the multi-media universe, Dean Starkman wrote a much-discussed Columbia Journalism Review article urging publishers to give staffers the time and space to do what he considers journalism’s core duty, public interest reporting.

In a keynote talk at the BU conference, Starkman, part of a Pulitzer-winning investigative reporting team and managing editor of CJR’s business press section, described “a hole in the peer-produced [amateurs doing professional work] model for news: there’s no way to produce great stories.”

To Starkman, authorship is needed: In his book “Here Comes Everybody,” New York University professor and prominent new media commentator Clay Shirky sees great promise in crowdsourcing and collaborative media efforts. But Starkman notes that “Here Comes Everybody” wasn’t written by everybody but by one person.

Saying the muckrakers of a century ago should still challenge us, Starkman believes their “towering ambition is missing today. We have to hang on to [their] values: going after huge targets without fear.”

Starkman doesn’t see the need for the journalism industry to make a stark choice between professional reporting for many and netcitizens providing information for each other.

“The two cultures have to come together, and if they do there’s amazing potential,” he said.

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