Walking the future Danvers rail trail

I took a walk this afternoon along the abandoned railroad tracks in Danvers from Chestnut Street to Topsfield Road (Route 97), which is supposed to become part of a North Shore bicycle trail. For more information check out Danvers Bi-Peds.

Since I forgot to bring my camera, I took these with my BlackBerry instead. I’m astonished at how good they came out.

Just vote “no” on expanded gambling

I just sent the following e-mail to my state representative, Ted Speliotis, D-Danvers:

Dear Ted —

I’m writing today to urge you to vote “no” on Speaker DeLeo’s bill to expand legalized gambling in Massachusetts. The negative effects of casinos and slot machines would be far greater than could be justified by any increased revenue the state would receive — revenue that, in all likelihood, would not be nearly as great as proponents predict.

Not only would casinos in Massachusetts be a bad idea in and of themselves, but they would almost certainly lead to expanded gambling in New Hampshire and Rhode Island.

I first became aware of the hazards of casino gambling when a few wealthy investors used the Mashpee Wampanoag tribe to put forth a plan in Middleborough, the town where I grew up, to build what at one time was described as the world’s largest casino. As you probably know, that effort was fraught with corruption. Glenn Marshall, the tribal leader, ended up going to prison.

Studies have shown that casinos lead to increased crime and a higher divorce rate, and have even been linked to an increase in suicides. I urge you to get the facts from United to Stop Slots in Massachusetts, which is online at www.uss-mass.org.

Sincerely,

Dan Kennedy
Danvers

Libel suit filed over Gloria Fox’s prison visit

Rep. Gloria Fox

The Boston Herald has been hit with a libel suit for the second time this year. The Boston Globe’s David Abel reports that the plaintiff is Joanna Marinova, who accompanied state Rep. Gloria Fox, D-Boston, to the Old Colony Correctional Center in Bridgewater last year.

The Herald published a front-page story on May 28 by Jessica Van Sack claiming 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.” The Herald cited “two prison sources,” both anonymous.

Marinova sued the Herald and WHDH-TV (Channel 7), which also ran the story, saying through her lawyer, David Rich, that the news organizations “blatantly ignored readily available facts that would have demonstrated the falsity of these assertions.”

According to Abel, the Herald declined to respond and no one at Channel 7 would return his calls.

As with a libel suit recently brought against the Herald by Tom Scholz of the band Boston, it makes sense to wait and see what’s in the Herald’s and Channel 7’s official response. In this case, though, Adam Reilly did some reporting last year for the Boston Phoenix that cast considerable doubt on (1) the Herald’s claim that Fox had falsely portrayed Marinova as her aide and (2) that Marinova and Jones had engaged in illicit sex during a prison visit.

Reilly, now a producer with “Greater Boston” on WGBH-TV (Channel 2), noted that Marinova had told the Globe that the so-called sexual contact for which Jones had been punished consisted of Jones touching her knee during a visit. And Reilly pointed to other sources, including Jones’ blog and an official report, that tend to support that version of events.

If the Herald’s and Channel 7’s reporting was wrong, that doesn’t necessarily mean they committed libel. Even though it is Marinova who’s suing, it’s Fox’s involvement that made this a newsworthy story. A judge could rule that because Fox is a public official, Marinova must prove that the Herald and Channel 7 either knew their reporting was wrong or strongly suspected it, yet went ahead anyway — a legal standard known as “reckless disregard for the truth.”

On the other hand, a judge could rule that because Marinova herself is a private person, then she need only prove that the defendants acted negligently.

Looking down the road, I would imagine that Marinova will try to force the defendants to reveal their confidential sources as well.

Needless to say, this will be a very interesting case to watch.

The future of journalism and the law

This Friday I’ll be taking part in a panel discussion titled “The Future of Journalism: Law and Ethics in a Changing Media Ecosystem.” It’s part of an all-day conference called “Journalism’s Digital Transition: Unique Legal Challenges and Opportunities,” sponsored by the Citizen Media Law Project and to be held at Harvard Law School.

Our panel, to be held from 3:10 to 5 p.m., will focus on issues such as whether shield laws can be crafted so that bloggers and citizen journalists can protect their confidential sources, and if the shift toward nonprofit journalism means fewer First Amendment rights. (Among other things, non-profit organizations may not endorse political candidates.)

The other panelists:

The moderator will be Phil Malone, clinical professor of law and director of the Cyberlaw Clinic at Harvard’s Berkman Center for Internet and Society.

Investigating the WikiLeaks video

I think it’s only right that all of us hold off before offering any judgments on the astonishing video published by WikiLeaks yesterday showing a U.S. Apache helicopter killing 12 Iraqis, including a Reuters photographer and his driver. The U.S. military has confirmed the 2007 video’s authenticity, according to the New York Times.

I watched the entire 17-minute-plus video last night (there is also an unedited, 38-minute version), and my main reaction — other than horror — was one of cognitive dissonance. The audio made it clear that the American crew believed the people on the ground were armed combatants. The video told an entirely different story: men walking around, seemingly not up to much of anything in particular.

And no, I’m not offended by the American crew members’ bantering. If they had good reason to believe they were shooting at a legitimate target, so what? The real question is why they held that belief.

Anyway, I don’t want to get ahead of the story. What this calls for is further investigation.

The BBC has some background on WikiLeaks, which is hosted mainly in Sweden.

Neither revolutionary nor retrograde

Click on image for larger view

The case for Apple’s iPad seems clear enough. Some 700,000 were sold on Saturday, which was double what had been predicted.

The case against the iPad is based on two different but related arguments. First, critics say the iPad is designed mainly for consuming rather than creating content, and that it thus represents a corporate-driven attempt to put the Internet genie back in the bottle and return us to our former status as passive couch potatoes. Second, the iPad is a closed system controlled entirely by Apple, and will therefore stifle the sort of innovation that gave rise to such phenomena as Google and Twitter.

Both propositions are true. Yet they strike me as overblown.

The case against the iPad as a consumption-oriented device is summed up well by Jeff Jarvis, who writes — accurately, I think — that a principal reason the device has been the recipient of so much media buzz is that media executives see this as a chance for a do-over: this time, moguls will control the content and consumers will pay for it. Jarvis writes:

The iPad is retrograde. It tries to turn us back into an audience again. That is why media companies and advertisers are embracing it so fervently, because they think it returns us all to their good old days when we just consumed, we didn’t create, when they controlled our media experience and business models and we came to them.

Yet the iPad isn’t just a repository for paid apps; it’s also a pretty good machine for browsing the Web. If you are currently reading the New York Times on the Web rather than paying for electronic delivery through Times Reader, for instance, well, the iPad will let you keep right on doing that.

As for participation and conversation, the iPad’s virtual keyboard is pretty lousy (based on my brief encounter with it at the Apple store in Peabody on Saturday), but it’s good enough for posting to Twitter and Facebook, or even for writing short blog posts.

Besides, as Howard Owens notes, “The vast majority of people … are media consumers, they are lurkers, not creators.”

The tech argument against the iPad strikes me as even more esoteric. The idea is that by requiring developers to write apps within a rigid, closed universe, to get them approved by Apple and to share revenues with Apple, Steve Jobs is stifling the innovation that gave rise to both the personal computer and the Internet.

At BoingBoing, Cory Doctorow waxes rhapsodic over the days when the Apple II Plus came with schematics for the circuit boards, and quotes something called the “Maker Manifesto” in writing, “Screws not glue.” Doctorow’s point is that we should be able to rip our devices apart and customize them the way we like. Needless to say, Doctorow is not talking to too many people — just his fellow hackers.

Now, I don’t find either Jarvis’ or Doctorow’s critiques to be entirely without merit. But I’m proceeding on the assumption that the iPad is not going to take over the world. The iPad is an auxiliary device that will not take the place of computers. It’s also only one model for how to make a tablet computer. As Jarvis notes, Google is said to be working on a model, and it’s likely to be far more open than Apple’s. We’ll see if it’s as popular.

Personally, I’m not all that impressed with the iPad. I got to spend about 10 minutes with one on Saturday. Granted, that wasn’t really enough time to put it through its paces. But it was enough to see that the display is no better than that of a good-quality laptop; that the virtual keyboard is fairly unusable (you’ll be able to buy a plug-in keyboard, but wouldn’t you rather have a netbook?); and that it’s too heavy to wield like a magazine or newspaper.

Even for pure media consumption, it’s not necessarily better than a laptop. I’d rather take an iPad into the living room. But a laptop is better for propping up on the kitchen table during breakfast, because you don’t have to hold it up in front of you. I might get a later, presumably lighter, version. But I’m not salivating.

The ridiculous amount of hype that has surrounded the iPad, to which I am now contributing, has made all of us think this is more important than it really is. It’s not going to save the traditional media, however much media executives may wish it, and however much Jarvis and Doctorow may be gnashing their teeth.

Maybe CNN’s ratings aren’t the real issue

Following a report earlier this week that CNN’s prime-time ratings were continuing to crater, there’s been quite a bit of talk about how to get the original cable news net back in the game against the Fox News Channel and MSNBC. My “Beat the Press” colleague Kara Miller has some thoughts, and, as previously noted, Michael Calderone of Politico interviewed a bunch of media observers, including me.

But here’s a counterintuitive idea. Maybe we’re all making a category error. As former CNN host (and Media Nation favorite) Aaron Brown tells Calderone, CNN remains a “highly profitable business.” CNN posits itself as a news alternative to the partisan, opinion-driven talk-show line-ups offered by Fox and MSNBC. In that sense, maybe the three cable news nets aren’t really competitors at all.

The problem, of course, is that CNN’s prime-time line-up also consists mainly of talk shows, though not very good ones. The other night I briefly tuned in the best of the bunch, “Anderson Cooper 360,” and saw Dr. Phil talking about the Phoebe Prince tragedy. I nearly injured myself in my haste to change the channel. (By the way: I like Cooper, but think he’s being misused.)

What I’d like to see is a smart, analytical approach that makes sense out of all the news tidbits we accumulate throughout the day, unafraid to call out lies and misrepresentations but nonpartisan in its overall approach. Something, frankly, like Brown’s old program, “NewsNight,” canceled to make way for “AC360.”

And, yes, it’s time for Larry King to get his gold watch. No Larry-bashing from me: the man has a lot to do with the success CNN has enjoyed over the years. But all things must eventually come to an end.

Given that CNN continues to make money, maybe everyone would get off the network’s back about its poor ratings if it were offering not just an alternative to Fox and MSNBC, but one that is compelling and smart.

Photo via Wikimedia Commons.

South Hadley school superintendent returns

It’s not much, but at least South Hadley school superintendent Gus Sayer is back from vacation and defending the school system’s response to the bullying of the late Phoebe Prince. And, unlike school committee chairman Edward Boisselle, Sayer manages to do so without making it worse. Here’s Sayer, in Peter Schworm’s Boston Globe story:

No one turned their back on this. I think we did everything we could. If I thought I had done something wrong, I would resign. But I think we did our best.

We’ll see whether that’s the case. But Sayer is saying the right thing.

Meanwhile, Boisselle, whose sneering dismissal of District Attorney Elizabeth Scheibel’s report that teachers and administrators knew Phoebe Prince was being bullied but did nothing has touched off a firestorm, appears to have taken the wise course of action and kept his mouth shut since talking to the Boston Herald on Tuesday.

Sadly, the Springfield Republican reports that no one is running against Boisselle as he seeks re-election on April 5.

How to fix CNN

Michael Calderone has a long piece in Politico on how to fix CNN, whose ratings have recently gone from bad to worse. As you’ll see, I told Calderone that if it were up to me, I’d bring back Aaron Brown and undo the decision to let Christiane Amanpour jump to ABC.

The worst idea is the one he leads with: bringing back “Crossfire.” Canceling the wretched shoutfest will be the only positive mark on CNN president Jon Klein’s report card when he finally walks the plank, and when I’m finally through mangling my metaphors.