ACLU lawyer explains libel and SLAPP

Sarah Wunsch, a staff attorney with the ACLU of Massachusetts, offers further analysis of how the state’s anti-SLAPP law would modify libel law if journalist-activist Fredda Hollander wins her appeal, now before the Massachusetts Supreme Judicial Court. (SLAPP stands for “strategic lawsuits against public participation,” and the anti-SLAPP law is aimed at preventing people from abusing the legal system by hauling activists into court.) Wunsch writes in part:

The defendant, the petitioner, may have made some misstatements that are harmful to the plaintiff’s reputation, but in order to give some breathing space to the right to petition, the law provides that as long as the petitioning wasn’t baseless, the SLAPP suit should be thrown out. Some people might think that is unfair but because society benefits when people aren’t afraid to get involved in local government issues, the statute gives them some extra protection.

To which I would add that though anti-SLAPP protection for journalists might offer them some extra protection against libel suits, the overall effect would probably be slight.

In most cases, I suspect, the person bringing the allegedly abusive suit (in Hollander’s case, North End developer Steven Fustolo) would be deemed a public figure. And under the U.S. Supreme Court’s 1964 Times v. Sullivan standard, a public figure can’t win a libel case unless he’s able to prove that the person he’s suing made false, defamatory statements knowing they weren’t true, or showing reckless disregard for the truth.

My standard disclosure: Hollander paid me to write an affidavit on her behalf at an earlier stage of her case.

Earlier coverage.

Joanna Weiss on her new Globe post

Ralph Ranalli of Beat the Press has an interview with Boston Globe feature writer Joanna Weiss on her impending move to the editorial and op-ed pages. Weiss tells Ranalli:

I’ll still be writing about pop culture, but from a different direction. I think it’s exciting; it’s a different kind of forum. And I’ll reach a different kind of reader that didn’t necessarily read my TV coverage.

As for Weiss’ expectation that she’ll get some pushback from readers who’d prefer a traditional op-ed-page columnist, I have some advice: Don’t worry. There aren’t that many of them. And, at this point, they’re all 70 and older.

All politics is (still) local (III)

It’s not every day that I can claim to have inspired a nationally known media commentator through my Twitter feed. But Rachel Sklar begins her analysis of the election results by calling one of my tweets the “smartest thing I read last night on Twitter.” Rachel, your analysis is very smart (and amusing) as well. Oh, the joys of mutual back-scratching.

All politics is (still) local

As the late Tip O’Neill was fond of saying, all politics is local. The idea that Republican victories in New Jersey and Virginia amount to some sort of repudiation of President Obama is just as silly as the notion that Obama’s endorsement was a key to Democratic victory in a congressional race in upstate New York.

Yet your media are going to spin it as a referendum on Obama. And, mostly, they’re going to ignore New York so they can advance a simplistic — and wrong — script. Indeed, the lead headline on the Web site of the rapidly deteriorating Washington Post this morning proclaims, “A warning to Democrats: It’s not 2008 anymore.” (The actual analysis, by Dan Balz, is more nuanced than that.)

Polling analyst extraordinaire Nate Silver explains all. But his take on Democratic Gov. Jon Corzine’s defeat in New Jersey, I think, is especially worth noting:

Obama approval was actually pretty strong in New Jersey, at 57 percent, but 27 percent of those who approved of Obama nevertheless voted for someone other than Corzine. This one really does appear to be mostly about Corzine being an unappealing candidate, as the Democrats look like they’ll lose just one or two seats in the state legislature in Trenton.

Keep in mind that we’re going to be dealing with the same situation in Massachusetts next year. Democratic Gov. Deval Patrick is unpopular at the moment, and if his numbers remain low, it’s possible that he won’t be re-elected.

If Patrick loses, the national media will dutifully explain that we repudiated Obama. But those of us who live in Massachusetts will know better.

A depressing setback for marriage

At this point, it’s just depressing. Voters in Maine last night overturned their state’s same-sex-marriage law by a margin of 53 percent to 47 percent.

The very idea that we should have the right to vote on whether our neighbors are fully human is offensive. The fact that the latest expression of “no, they’re not” comes from live-and-let-live Maine only makes it worse.

“God has given us this victory,” the Rev. Bob Emrich is quoted as saying in the Bangor Daily News. Perhaps KnowThyNeighbor.org will tell us how much cash the Big Guy ponied up.

Better news from Washington State.

Pop go the Globe’s opinion pages

Peter Canellos
Peter Canellos

In an apparent attempt to infuse the Boston Globe’s opinion pages with a pop-culture sensibility, editorial-page editor Peter Canellos has announced that feature writer Joanna Weiss will be moving to the editorial board and writing a weekly column for the op-ed page.

Canellos also announced that editorial-board member Larry Harmon will begin writing a weekly column as well.

The full text of Canellos’ e-mail to the staff follows.

Folks,

I’m pleased to announce that Joanna Weiss, whose Globe career has spanned political writing, popular culture, and TV criticism, will be joining the editorial-page staff on November 16. She will be a regular member of the paper’s editorial board and write a weekly op-ed column. A close observer of social trends and culture, and a bright, empathetic writer, Joanna will provide a vibrant new voice on our op-ed page, and an important new perspective on our daily editorials.

Joanna joined the Globe in 1999 from the Times-Picayune of New Orleans. She grew up in Maryland and is a graduate of Harvard University.

I’m also pleased to be able to add a weekly op-ed column by one of the longtime stars of our editorial board, Larry Harmon. He will remain a regular member of the board while bringing a new voice to the op-ed page. A lifelong Bostonian and graduate of Boston Latin School and Boston University, Larry joined the editorial board in 1992. He is the co-author of “Death of an American Jewish Community,” the definitive account of the block-busting and red-lining of Mattapan in the ’60s and ’70s. Larry knows Boston from the street level, and will bring a neighborhood perspective to our op-ed page.

As the months go by, Marjorie Pritchard, Dante Ramos and I will continue to look for new voices to add to our op-ed pages, in print and online, to ensure the broadest and most provocative range of opinions.

Please join me in congratulating Joanna and Larry,

Peter