A Muzzle Award for a Rhode Island official who says arrest records aren’t public if there are no charges

Boston Globe reporter Amanda Milkovits, left, talks about her reporting with WPRI-TV (Channel 12) anchor Kayla Fish.

When police officers arrest someone and charge them with a crime, they are required to provide the public with information on that person’s name, address and the charges being brought. That’s a basic part of the public records law in Rhode Island and most other states.

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But the Rhode Island attorney general’s office has come up with a mind-boggling exception: if someone is arrested and not charged, then the police are under no obligation to make that information public. According to Boston Globe reporter Amanda Milkovits, that’s the alleged loophole being invoked (sub. req.) in the case of James Barsoum, who was arrested by Pawtucket police last September in Central Falls. As Milkovits writes:

Last fall, Pawtucket police officers went into a neighboring city without alerting the local police, tackled a resident in his home, seized his dog, booked the man, and put him in a jail cell. He was released hours later without being charged with a crime — and without an explanation.

The official who has come up with this novel interpretation of the public records law is Special Assistant Attorney General Patrick Reynolds, who explained that he was rejecting the Globe’s request for records related to Barsoum’s arrest because even though “there is a public interest in what transpired here, and that the mistaken arrest of a member of the public is highly concerning,” that is outweighed by “privacy interests” guaranteed by a law sealing records when a person has not been charged with a crime.

So come on down, Patrick Reynolds, and claim your New England Muzzle Award. It is well-deserved.

As for Barsoum’s “privacy interests,” keep in mind that he’s been interviewed (sub. req.) about his ordeal, allowed himself to be photographed (with his dog, by the way) and filed a complaint about his arrest. Keep in mind, too, that Central Falls police complied with the Globe’s public-records request, including providing bodycam video. It’s only the Pawtucket police who are holding back, and the AG’s office is letting them get away with it.

“Police in this state can break into your house, wrongfully arrest you, and never have to explain themselves to the communities they serve,” Justin Silverman, the executive director of the New England First Amendment Coalition, told the Globe. “Think about that: So long as charges aren’t brought, arrests can occur in secrecy and the police reports can be permanently sealed or destroyed. It’s a situation ripe for abuse.”

Brian McGrory announces some big changes at the top of The Boston Globe’s masthead

Photo (cc) 2018 by Dan Kennedy.

Five months after returning as editor of The Boston Globe, Brian McGrory has announced changes that will reshape the top of the masthead.

Cristina Silva, currently the managing editor for local news, will become managing editor for operations and standards, “focused on the future of this newsroom rather than daily journalism.” She’ll be replaced by Cynthia Needham, currently deputy managing editor for innovation and strategy, who McGrory called “an uncommonly strong editor with a fresh eye for what makes a great story.”

Finally, Jason Tuohey, a longtime Globe digital editor who’s currently editor-in-chief at the Encyclopedia Britannica, will return to the paper as managing editor for digital strategy. Tuohey is also an audience engagement consultant with Boston University’s local-news program. McGrory wrote that Tuohey “is coming back to a newsroom that is brimming with digital leaders who are among the best in the industry.”

McGrory’s full memo, sent to the staff earlier this afternoon and forwarded to me by a trusted source, follows.

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The Saturday-night shooting at the WHCA dinner underscores the declining relevance of print

I hear from so many people that they can’t live without their print newspaper and morning coffee that I’m often tempted to remind them it’s technically possible to drink coffee while reading the news on your iPad.

The declining relevance of print is top of mind this morning as The New York Times failed to get the White House Correspondents Dinner shooting into its dead-tree edition. Lest you think this is a Boston delivery problem, it’s also not in the replica edition. Needless to say, it’s all over the Times homepage, and it probably found its way into the late city editions as well.

The (deservedly) much-maligned Washington Post managed to go big with the shooting in its print edition. You might say that’s a function of being the hometown paper, but it’s really not. It’s a function of press times.

The Boston Globe leads its print edition with the shooting, alongside the firing of Red Sox manager Alex Cora.

No excuses for the Los Angeles Times, which is three hours behind the East Coast, meaning that the incident took place around 5 p.m. Pacific time.

Of course, even those papers whose editors managed to yell “Stop the presses!” and get the story into print have much more up-to-date news about the shooting in their digital editions today.

We get the print edition of the Sunday Times because, whenever we try to cancel in order to save money, we’re offered a special deal. Digital advertising isn’t worth much, but print ads are still fairly lucrative, especially in the Times and especially on Sunday. But when there’s a big, late-breaking story, digital is the place to be.

Gov. Healey wants to remove public access to vital records. So we’re giving her a Muzzle Award — her third.

Gov. Maura Healey, left, with Lt. Gov. Kim Driscoll. 2023 photo in the public domain.

Six years ago, then-Massachusetts Gov. Charlie Baker, a moderate Republican, earned a New England Muzzle Award — then hosted by GBH News — for proposing a change in the public-records laws so that access to birth, death and marriage records would not be available to the public for many decades. The delay would have amounted to 90 years in the case of birth and marriage records and 50 years after a person’s death.

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Fortunately, the bill didn’t pass. But now Baker’s successor, Gov. Maura Healey, a liberal Democrat, is back with a similar bill. As The Boston Globe put it in an editorial (sub. req.) on Thursday:

In a state that already has a dreadful reputation for its lack of transparency and will probably face a ballot question over the exemptions from the state’s public records law accorded the governor’s office and the Legislature, this is simply the wrong law at the wrong time.

The Globe observes that Healey, in her announcement touting the legislation, emphasizes one of its few positive aspects — the end of references to “out of wedlock” on birth and marriage certificates. The rest of it, though, would deprive researchers of information they need to do their work in areas such as public health and genealogy. And she has stacked the deck in favor of passage by making it part of a budget bill that must be approved and for which debate is limited.

As I wrote in 2020, these records have been freely available to anyone who asks for them since the early Puritan era. Investigative reporter Jenifer McKim of GBH News said on Twitter at the time: “As MA governor [Baker] works to make birth, death records secret, thinking of the stories I’ve written and produced with the help of these key, currently public, documents, including suicides at colleges and universities.”

And in a 2020 interview with the Chelsea Record, Ryan Woods, executive vice president of the New England and Genealogical Society, said, “Unequivocally it was a surprise to us. There had not been any public discussion about this until it appeared in the budget.”

This is not Gov. Healey’s first time around with the Muzzle Awards. In 2015, when she was the state attorney general, I singled her out for defending a 1946 state law that criminalized political lies aimed at influencing an election, as if that were even theoretically possible.

In 2018, also a time when she was AG, she won another Muzzle, this one for upholding rulings that public information should, in some cases, remain private. Then-Globe reporter Todd Wallack, now with The Washington Post, documented a number of Healey’s attempts to suppress public records. His most startling finding: Healey’s office had upheld a ruling by the Worcester district attorney that records pertaining to the 1951 murder of a state trooper should not be made public. Healey’s decision reversed a ruling by Secretary of State Bill Galvin’s office and denied a friend of the murder victim the opportunity to follow up some leads on his own. The friend had since died.

Massachusetts has one of the worst reputations in the country with regard to public records. All too often, Maura Healey has been part of the problem rather than part of the solution.

Thinking through the legal and ethical issues raised by Kash Patel’s libel case against The Atlantic

Kash Patel. Photo (cc) 2022 by Gage Skidmore.

FBI Director Kash Patel’s $250 million libel suit against The Atlantic may prove to be nothing more than bluster. Nevertheless, it’s already raised some interesting issues about ethics and defamation law, and I thought it would be useful to walk through some of them here.

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Patel sued after Sarah Fitzpatrick reported Friday that Patel’s tenure at the FBI has been marred by excessive drinking, lapses in judgment and a shocking lack of discipline. The story, she writes, was based on “more than two dozen people I interviewed about Patel’s conduct, including current and former FBI officials, staff at law-enforcement and intelligence agencies, hospitality-industry workers, members of Congress, political operatives, lobbyists, and former advisers.” There are no named sources who say they’ve had first-hand knowledge of Patel’s alleged misbehavior. Still, that’s a lot of sources.

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The Boston Globe ends its use of the AI tool Nota after Poynter reports that it plagiarizes

Photo (cc) 2018 by Dan Kennedy.

Angela Fu of Poynter Online published a story on Thursday that’s been rocketing around media circles. Her lead: “Artificial intelligence company Nota — whose clients include organizations like The Boston Globe and the Institute for Nonprofit News — is scrapping its network of local news sites after learning that they contained dozens of instances of plagiarism.”

You should read Fu’s story in full. The gist of it is that the AI tool was supposed to scrape press releases and official information but has been grabbing news content in addition to that. “Poynter found more than 70 stories dating back to October that included reporting, writing and photography from local journalists without attribution,” she writes. “Some of the copied material came from outlets owned by Nota’s own clients.”

Earlier today, several trusted sources sent along a memo sent to the Globe’s newsroom assuring the staff that the paper was not part of the specific experiment at issue and that everyone should stop using Nota.

Here is text of the email, which is from editor Brian McGrory; Shira Center, vice president for innovation and strategic initiatives; Cynthia Needham, deputy managing editor for innovation and strategy; Matt Karolian, vice president of platforms and AI; and Heather Ciras, deputy managing editor for audience.

Poynter published a report yesterday about Nota, an AI tool used by the Globe and many other newsrooms across the country. The story said that a Nota experiment involving AI-driven hyperlocal news resulted in stories that were clearly plagiarized from other local news organizations.

The Globe was not part of this experiment, which was aimed at small counties in other states. We’ve worked with Nota on SEO, headline recommendations, related metadata, and social platform suggestions for Globe stories. The Globe’s contract with Nota prohibits it from using our journalism to train its AI model.

That said, what happened here does not fit with our values, and we are asking everyone to stop using this product while we wait for Nota to turn off the service and end our contract. We have other strong options for this work that we’re exploring.

Sean Murphy retires from the Globe, ending a family connection of more than 60 years

Sean Murphy (via LinkedIn)

More than 60 years of Boston Globe history is coming to an end. Sean P. Murphy, a reporter at the paper since 1987, is retiring. His father, Jeremiah V. Murphy, was a reporter and columnist at the Globe, and the earliest byline I could find for him dates back to 1961. That’s quite a stretch of time.

Sean Murphy has worked in a variety of reporting and editing jobs at the Globe, serving in recent years as the consumer advocate reporter. His column, “The Fine Print,” is popular and widely read. In a message to the newsroom shared with me by a trusted source, Murphy said in part:

There is no more honorable work than what we do. It is vital to our way of life, our well-being, our democracy, our systems of government and justice and business, our decency. Every morning, I spend a significant amount of time reading all sections of the noble Boston Globe. (At this stage of my life, I begin reading before dawn, sipping my one cup of coffee of the day, classical music in the background.) The Globe informs me, amuses me, fortifies me. For many years, I have been a part-time college instructor in media law. [Murphy earned a law degree from Suffolk University.] I tell my students there is no better investment than the cost of the Boston Globe. “Start a relationship with the Globe,” I say. “Read it every day. It will pay huge dividends.” Hurrah for every one of you, and for those who have gone before us at the Globe.

Business editor Greg Huang and assistant business editor Tim Logan wrote:

Sean was adamant (annoyingly so) that we not sing his praises or go through his lengthy list of achievements here. So we won’t mention that his “Fine Print” column built a large and dedicated readership over the past nine years, winning well over a million dollars back to mistreated consumers from corporations, landlords, and even the state. Or that his wide experience as a courts reporter, investigative reporter, city editor, and other roles at the Globe helped inform how this department, for one, handles its business. Or, more importantly, how his advice, mentorship, and friendship have influenced generations of journalists for the better.

Sean, we will miss you more than we can say. You are irreplaceable, we all know that. We also know you will stay connected. Thanks for all you’ve done. Below are Sean’s parting words to the room.

Our paths did not intersect much over the years, although I do recall that we were on a panel together in Gloucester a few years ago. I can also report that a graduate student in my opinion journalism class, Alexa Gagosz, who took Sean’s media law class at Suffolk University when she was an undergraduate, used to rave about his consumer column as an ideal blend of reporting and opinion. (Sean earned a law degree at Suffolk.) Alexa is now a star reporter for the Globe’s Rhode Island edition.

Congratulations to Sean, and best wishes for a long and satisfying retirement.

The Boston Globe’s print edition gets snowed out, invoking memories of the Blizzard of ’78

The Boston Globe calls its decision not to print a paper today “unprecedented.” But as Aidan Ryan reports (sub. req.), it depends on your definition of unprecedented: “Even during the historic Blizzard of ’78, the Globe printed a few thousand copies of the Feb. 7, 1978, edition, though its delivery trucks couldn’t get through the piles of snow around its old offices on Morrissey Boulevard.”

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Moreover, Ryan notes that today’s edition will be printed and delivered with Wednesday’s paper. It strikes me as an odd move given that the Globe’s website is up and running, including the daily e-paper. But maybe there are a few print customers who really don’t want to read the paper online and who will appreciate having today’s paper — perhaps to commemorate the Blizzard of ’26.

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The Boston Globe adds an option that puts it one step closer (maybe) to sharing on social media

This past November I wrote about how a Boston Globe subscriber could share a gift link with  a non-subscriber via email. It was strictly a one-to-one feature — there was no authorized way of sending a gift link to a social-media platform. (There are unauthorized ways, which I’ll let you figure out.)

Within the past day or so, though, a new item suddenly popped up on the Globe’s sharing options called “Gift an Article.” My hope was that the Globe had joined multiple other papers and was now offering a few free gift shares a month that would work anywhere, not just through email.

With great anticipation, I clicked. And I was greeted with a text-entry box that said “Gift This Article Through Email.” The rest of the sharing features — Facebook, Bluesky, etc. — give you a link that lead to a paywall when a non-subscriber clicks on them.

Oh, well. I’ll be optimistic and hope that this is the first step toward a real sharing feature.

Politico’s Mass. Playbook is ending, and Kelly Garrity is taking her talents to The Boston Globe

The Massachusetts Statehouse
The Massachusetts Statehouse. Photo (cc) 2024 by Dan Kennedy.

Politico’s Massachusetts Playbook, a morning email newsletter about state politics, is coming to an end. Kelly Garrity made the announcement earlier today and said she’ll be writing a political newsletter for The Boston Globe that will debut later this year. She writes:

Thank you, thank you, thank you to everyone who ever read, emailed, sent a tip, answered a late-night call/email/text or submitted a birthday. This newsletter is what first put POLITICO on my radar and I feel so lucky to have had the chance to be a part of making something I was a fan of for so long.

The Playbook was launched in September 2015 with Lauren Dezenski at the helm. Dezenski, a Dorchester Reporter alum, is now at Bloomberg. The Playbook has served as an important stepping stone for a number of journalists who have held that position, but now it’s coming to an end.

Although Boston has a number of morning newsletters, I think it’s fair to say that Politico’s only direct competitor in terms of tracking the Massachusetts political scene was MASSter List, from State House News Service, produced by veteran journalist  Gintautas Dumcius. Also deserving mention is CommonWealth Beacon, a nonprofit that covers politics and public policy, which has a mid-morning newsletter that’s a little bit different — less insidery and more focused on pulling readers onto its website. (Note: I’m on CommonWealth’s editorial advisory board.)

The move is part of broader cutbacks at Politico as a whole. Corbin Bolies recently reported for The Wrap that Politico was eliminating 3% of its staff. Meanwhile, Axios, founded by two of Politico’s three co-founders, is expanding its local news coverage — although, unfortunately, AI is playing a significant role. (Boston is among the cities with a morning Axios newsletter, but it’s not strictly about politics.)

This also strikes me as a smart move by the Globe, since it’s a way to bring in a reporter who’s already respected by folks who follow state politics closely.