Tag: “Beat the Press”

Did David Portnoy commit a crime?

Jonathan Albano (right) at a forum at Boston University last year on "Legal Liability in the Age of WikiLeaks." At left is First Amendment lawyer Robert Bertsche. I was the moderator, and I'm sitting in the middle.

Could David Portnoy face criminal prosecution for posting nude photos of Tom Brady’s 2-year-old son? I’m guessing no. But he’s taking a huge risk that some ambitious prosecutor might at least want to make a name for him- or herself by going after Portnoy and his sleazy website, Bar Stool Sports.

We begin with lawyer and former prosecutor Wendy Murphy, who is quoted as telling WCVB-TV (Channel 5): “The whole purpose was to get people to look at [the child’s] genitalia, so absolutely — 20 years maximum and a $50,000 fine on top of that.” That’s certainly an opinion that should make Portnoy sit up and take notice. But it also seems to be a distinctly minority view.

The Boston Herald’s Dave Wedge reports today that neither the FBI nor Norfolk County District Attorney Michael Morrissey’s office would confirm or deny whether there’s an investigation under way. That’s standard procedure for the FBI. But it may be significant that the DA’s office said nothing. Unless everyone was just heading down to the Cape on a Friday afternoon.

David Frank of Massachusetts Lawyers Weekly adds Attorney General Martha Coakley to the list of officials who would neither confirm nor deny an investigation. But though Frank calls the pictures and Portnoy’s description of the young boy’s genitals “creepy” and “tasteless,” he casts serious doubt on whether a crime was committed:

I’ve talked to several lawyers today, from both the prosecution and defense side, who say there’s no chance Portnoy will ever be hit with a possession of child pornography charge. Portnoy’s post, as out of bounds as it is, simply doesn’t support the elements of the crime.

On the other hand, Frank quotes noted First Amendment lawyer Jonathan Albano as saying Brady and his wife, Gisele Bündchen, might be able to file an invasion-of-privacy suit on their son’s behalf and have some hope of succeeding.

“You’re talking about the publication of a 2-year-old’s private body,” Albano tells Frank. “Unlike Gisele, you can’t say that the child is a public figure, and why should he have less privacy rights than anyone else?”

I hope Brady and Bündchen go for it.

We talked about this on “Beat the Press” on Friday. Please have a look.

Photo by Emily Sweeney.

 

 

Some free advice to Boston.com

Should a news site label the disappearance and death of an 11-year-old girl a “Hot Topic”?

Frankly, it’s not something I had given any thought to until yesterday, when I heard from a “Beat the Press” viewer who complained that Boston.com had included “Celina Cass” in its “Hot Topics” menu bar near the top of the page. The story is still there as I write this, along with “Debt limit,” “TSA,” “Cash WinFall,” “Boston public schools” and “Red Sox.”

My caller told me that including such a tragic story involving a child as a “Hot Topic” was offensive, and said she had complained to Boston.com in the past over similar matters. I instantly understood what she meant, though I wasn’t sure whether I agreed.

Last night I ran it by Mrs. Media Nation, who agreed with the caller: “Hot Topics” was just the wrong phrase for a catch-all category that includes everything from sports and politics to heartbreaking tragedies. So here’s some free advice to Boston.com — call it something else, like “Top News,” “Headlines” or whatever phrase you like that’s succinct but also neutral.

Oh, and when you click on “Celina Cass,” it would also be nice if you didn’t encounter a story labeled “Our Pick.”

Anthony Weiner walks out of our lives

Click on image to view story at Beatthepress.org

Well, that was one of the stranger political spectacles you’ll ever see. U.S. Rep. Anthony Weiner, D-N.Y., was late to his own news conference, thus giving right-wing activist Andrew Breitbart a chance to jump up to the podium and beat his chest for a few minutes. Unlike Weiner’s chest (allegedly, I must say, since Weiner later told the media he hasn’t seen the new pictures), Breitbart’s was covered by a shirt.

Among other things, Breitbart claimed to have an “X-rated” Weiner photo that he would not post. Still, you have to wonder if that might change given Weiner’s refusal to resign. God help me, I can’t believe I’m taking Breitbart seriously given his past transgressions. So that’s another gift Weiner has bestowed upon us.

Rather than keep babbling, let me direct you to our discussion of Weinergate on “Beat the Press” last Friday. The host, Emily Rooney, has some special insight into Weiner, and it’s worth hearing again following today’s confirmation that yes, that really was his wiener.

Correcting something I said on “Beat the Press”

If you watched “Beat the Press” on WGBH-TV (Channel 2) this evening, you may recall that I criticized media and court representatives who’ve drafted new guidelines for digital coverage of judicial proceedings.

I said a blogger should have been included in the discussions. And I even had a suggestion: Adam Gaffin of Universal Hub, who’s probably the most respected independent blogger in Greater Boston.

As it turns out, Gaffin was, in fact, a part of those discussions, according to Robert Ambrogi, a media lawyer who is executive director of the Massachusetts Newspaper Publishers Association.

Obviously I wish I’d known that before I opened my mouth.

Who will be the new panelist on “Beat the Press”?

Over at the “Beat the Press” blog, Ralph Ranalli makes it official: longtime panelist Joe Sciacca is out now that he’s been promoted to editor of the Boston Herald. So who will replace Joe on the WGBH-TV (Channel 2) program? Follow the link, and you can make your own suggestions.

Public radio listeners will be the winners

Best of luck to my “Beat the Press” colleagues Emily Rooney and Callie Crossley, whose hour-long programs debut today on WGBH Radio (89.7 FM) — Emily at noon and Callie at 1 p.m.

Rooney is competing with one of my favorite people in radio, Robin Young, whose “Here and Now” is broadcast on WBUR (90.9 FM) from noon to 1. Crossley is up against syndicated fare on ‘BUR except on Fridays, when “Radio Boston” airs.

So I’m hoping the public radio audience expands and everyone wins. Including the listeners.

Ted Koppel may anchor ABC’s “This Week”

Ted Koppel

My “Beat the Press” colleague Callie Crossley has the best idea for George Stephanopoulos’ replacement on ABC’s “This Week”: Gwen Ifill, who would have been a far better choice to succeed the late Tim Russert on “Meet the Press” than David Gregory — predictably — has proved to be.

But if an Ifill hire isn’t in the works, we might get the next best thing. The Politico’s Mike Allen reports that ABC is negotiating with legendary “Nightline” anchor Ted Koppel, now in busy semi-retirement, to moderate “This Week” three Sundays a month.

Koppel was one of the finest broadcast journalists of his generation — the successor to Murrow and Cronkite to a far greater extent than any of the folks who have anchored the network evening newscasts in the post-Cronkite era. He’s a tough interviewer and would bring unparalleled gravitas to the job. Ducking a question from Ted Koppel is not the same as ducking a question from Jake Tapper, Terry Moran or anyone else.

I do have one reservation. After Russert’s death in 2008, I thought retired anchor Tom Brokaw was an excellent choice to fill the moderator’s slot on an interim basis. Instead, Brokaw seemed cranky, sour and bored.

The Brokaw lesson is that it would be great to have Koppel back — but only if he’s prepared to bring his “A” game.

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

Share your thoughts on Obama’s presser

Friend of Media Nation Jon Keller has written a post at Beatthepress.org in which he endorses Dana Milbank’s account in the Washington Post of President Obama’s “prepackaged entertainment” at Tuesday’s White House news conference.

As you may already know, Obama called on Nico Pitney of the Huffington Post, saying, “I know that there may actually be questions from people in Iran who are communicating through the Internet. Do you have a question?”

I don’t want to provide too much set-up before turning this over to you, but here is what Pitney wrote for HuffPo about what happened. Pitney says that though he was invited to prepare a question based what Iranians had been talking about online, no one at the White House knew what he was going to ask; and that though he was, indeed, escorted into the briefing room, he had been told ahead of time that there was no guarantee he’d be called on.

Now, I have two questions for you, which I want you to answer only after reading Keller, Milbank and Pitney.

1. If you relied solely on Milbank’s account, would it be your understanding that Obama knew what Pitney’s question would be?

2. Since, according to Pitney, Obama neither knew the question nor had promised to call on him, did either the president or his press operation do anything wrong, unethical or even disrespectful to the other reporters in the room?

A primer in getting to “no”

In this week’s Boston Phoenix, Adam Reilly observes that New York Times Co. executives mangled things with the Boston Globe and the Newspaper Guild so thoroughly that you’re left wondering if a “no” vote was what they wanted all along.

I’ve been wondering the same thing, though for the life of me I can’t see how this benefits the Sulzbergers. Now that they’ve made it official that they want to sell the Globe, the last thing they need is an unfair-labor case before the National Labor Relations Board, which could drag on for months.

Over at the Beat the Press blog, former Globe staffer Ralph Ranalli explains how Globe publisher Steve Ainsley and Times Co. management snatched defeat from the jaws of victory.