Libel suit against Herald will proceed

Judge Raymond Brassard

A Superior Court judge recently refused to throw out a libel suit brought against the Boston Herald by a woman who claims the paper defamed her by falsely reporting she’d had sex with an inmate during a visit to the Old Colony Correctional Center in Bridgewater. The suit was filed in 2010, and I posted some background on the case at that time.

The plaintiff, Joanna Marinova, accompanied state Rep. Gloria Fox, D-Boston, on a visit to the prison in May 2009. The Herald published a front-page story on May 28 of that year by reporter Jessica Van Sack saying that Fox had snuck Marinova in to see her boyfriend, a convicted murderer named Darrell Jones, and that Marinova had been “previously bagged for engaging in ‘sexual acts’ with the killer con.”

Marinova says the story is false. According to prison records introduced as part of the lawsuit, Jones had been disciplined for kissing Marinova and rubbing her leg, but there was no suggestion the two had had sex.

According to a story in the current Massachusetts Lawyers Weekly (sub. req.), the Herald’s lawyer, Elizabeth Ritvo, argued that the case should be dismissed because Marinova’s contention that the Herald had claimed she and Jones had sex was “a strange and tortured interpretation” of what the paper actually published.

But Judge Raymond Brassard disagreed, saying “it seems to me that not only a reasonable reader, but virtually any reader, even a First Amendment lawyer would read that and think this person was involved in some sort of sexual intercourse with this man at the prison. I don’t know how a reasonable person could think otherwise.”

Marinova’s lawyer is David Rich, who was part of the legal team that successfully sued the Herald on behalf of former judge Ernest Murphy several years ago. In an unrelated action, Tom Scholz, leader of the band Boston, is suing the Herald for libel over accusations that were made following the suicide of lead singer Brad Delp.

Marinova had also sued WHDH-TV (Channel 7), which broadcast a story similar to the Herald’s. Lawyers Weekly reports that the two sides have apparently reached a settlement.

The hearing that led Judge Brassard not to grant the Herald’s motion for summary judgment was held on Sept. 22. I have posted the document here.

The Providence Journal’s print-first strategy

During the same week that the Boston Globe started charging for much of its online content and the New York Times announced it has signed up 324,000 paying digital customers, the Providence Journal unveiled its new website — a prelude to its long-promised (or long-threatened) paywall.

The new ProvidenceJournal.com — goodbye, Projo.com — includes just the first few paragraphs of most stories. If you want to read the whole paper online, you have to subscribe to one of those miserable e-editions, a PDF-like format that is difficult to navigate and even more difficult to read. (The Journal’s implementation does seem to be slightly less miserable than others I’ve seen.) There’s an iPad version, too.

Ted Nesi, who’s been writing about the Journal for WPRI.com, says it’s not yet clear what access will cost after the current free trial period expires. But this is not a digital strategy — it’s a print strategy, built on the idea of downgrading the Journal’s electronic presence. Nesi and I talked last December, when the Journal announced the new direction, and what I said then seems to apply now:

The Journal is sacrificing its website in order to bolster its print edition, which is where it makes most of its money. I understand why Journal managers are doing this, but it’s a short-term solution that could prove harmful in the long term. I also wonder whether it will even accomplish anything. Newspaper readers are skimmers, and a headline and brief synopsis of a story may be all that they want.

The Times is proving that people will pay for a well-thought-out, reasonably priced online edition. The Globe is about to learn whether readers in Greater Boston will do the same. The Journal, by contrast, is looking backwards. It might even work — but for no more than a few years.

Speaking out against dwarf-tossing

Angela Van Etten, an old friend from Little People of America, has written an excellent commentary for the Huffington Post on what’s wrong with dwarf-tossing. (And good grief, Arianna. “Weird News”? Really?) As you may have heard, a state legislator in Florida wants to repeal that state’s law against dwarf-tossing on the grounds that letting drunks hurl little people across barrooms would somehow help the economy.

Van Etten does a good job of explaining the difference between people with dwarfism who exploit their short stature for profit, like Verne “Mini-Me” Troyer, and people who allow themselves to be exploited — that is, the tossees. Among other things, dwarf-tossing is dangerous, because people with dwarfism have unstable spines.

In 2002, Van Etten and her husband, Robert, were interviewed by John Stossel, then of ABC News’ “20/20,” who mocked their opposition to a campaign led by a dwarf to overturn the Florida law. Fortunately, the law held.

I had the privilege of interviewing the Van Ettens during the 2002 LPA national conference in Salt Lake City, and they pop up several times in my book “Little People.”

BostonGlobe.com fires up the cash register

BostonGlobe.com is supposed to shut down any minute now. When it returns, at 5 a.m. on Wednesday, it will become a paid site, eventually costing $3.99 a week. The best deal: taking home delivery of the Sunday paper for $3.50 a week, which gives you access to all of the Globe’s digital content for no extra charge.

Since the debut of the website in September, I’ve heard people complain that it’s too cumbersome to use. My own experience is that it’s gotten better, and that folks at the Globe are responsive to suggestions. In particular, the “Today’s Paper” section has improved. But it works better as a breaking-news site.

Thus I still find myself making some use of GlobeReader, the Adobe Air-based platform that serves as a pretty good representation of that day’s Globe. It’s not perfect — content is sometimes missing, and photos seem like an afterthought. But for those of us who still like to flip through the paper, I find you can do so much more efficiently than you can with the website. (You can use GlobeReader with a laptop or desktop computer, but not with an iPad or a smartphone, since those don’t support Air.)

Globe publisher Chris Mayer told me in August that GlobeReader would continue to be offered for some time to come, but would not be improved and would eventually be phased out. So it’s not a permanent solution.

So let me suggest that the Globe work on something similar to New York Times Skimmer, a website that presents all of the Times’ major RSS feeds in a Reader-like format. I think offering that in addition to the standard website would give readers a couple of good options depending on how much time they had and what device they were using. And Skimmer works on the iPad.

Globe warns Occupy Boston on trademark

The Boston Globe is trying to stop the Occupy Boston demonstrators from using the paper’s name in its own publication, according to Metro Boston reporter Steve Annear. The protesters are planning to start a paper called the Occupy Boston Globe, similar to the Occupied Wall Street Journal in New York. (David Carr of the New York Times wrote about that last week.)

“We do not condone the use of our trademark-protected name and logo by any organization,” Globe spokesman Bob Powers is quoted as telling Annear.

Surely, though, the Globe’s lawyers know the Occupy Boston folks are within their legal rights. The Globe’s trademark prevents a would-be competitor from coming in and starting a newspaper called the Boston Globe. By contrast, the name “Occupy Boston Globe” is a parody of and a commentary on the Globe and on the media in general, expression that is protected by the First Amendment. A major consideration in trademark cases is whether readers might confuse the parody with the original. There doesn’t seem to be much chance of that.

Writing at BostInnovation, Lisa DeCanio reports that Occupy Boston Globe is trying to raise $8,000 to launch a daily and a full-color weekly, the latter of which would be published in English and Spanish. There’s already an online version of the paper, which in turn makes reference to a print edition. So maybe the presses have started to roll.

(Thanks to Greg Reibman, whose tweet alerted me to the Metro Boston story.)

Herald employees to pay for parking at new location

When the Boston Herald moves from the South End to the Seaport District in early 2012, it will be accompanied by a hefty bill for some Herald staff members: up to $150 a month for parking. That’s according to a “Dear Herald Employee” letter from publisher and owner Pat Purcell, obtained by Media Nation earlier this week.

“Free parking in Boston is a rarity and, sadly, there will not be free parking for any employee — myself included — when we move to the Seaport Center,” Purcell writes.

Employees currently pay nothing to use the expansive parking lot next to the Herald’s plant. So having to pay $1,800 a year for 24/7 parking amounts to a considerable reduction in pay.

Purcell begins his letter by saying he has been unable to meet with the staff in person because of recent hip-replacement surgery, and goes on to say that the new location has extensive public-transportation options, including a free shuttle bus that travels back and forth to North Station. He adds that there are other non-monthly parking lots in the area, though no rates are mentioned.

You can read the full text of Purcell’s letter here.

Rory O’Connor to talk about nuke book tonight

Friend of Media Nation Rory O’Connor will appear on “Greater Boston” this evening to talk with Emily Rooney about the 30th-anniversary edition of his book “Nukespeak: The Selling of Nuclear Technology from the Manhattan Project to Fukushima.”

As you can tell from the title, the book has been revised and updated. Co-written by O’Connor, Stephen Hilgartner and Richard C. Bell, it’s being published as an e-book by Sierra Club Books. You can find out more here.

The program begins at 7 p.m. on WGBH-TV (Channel 2).