Should a media defendant be able to keep sources confidential in a libel suit?

Everett Square circa 1905. Photo is in the public domain.

Adam Gaffin has a wild story in Universal Hub about a lawsuit filed against the Everett Leader Herald and the city clerk by Everett Mayor Carlo DeMaria. There are all kinds of entertaining details. Among other things, we learn that the Leader Herald “has referred to DeMaria as ‘kickback Carlo,’ said he is ‘on the take,’ and referred to ‘DCF,’ or ‘DeMaria’s Crime Family.’”

What caught my eye, though, was that the Leader Herald has agreed to go along with a court order to identify 10 of 12 confidential sources. The names had previously been given to Superior Court Judge James Budreau, who ruled that their claim to anonymity was weak. In the following excerpt from Budreau’s opinion, Resnek is a reference to Joshua Resnek, the publisher and editor.

A threshold question facing the Court is whether Defendants have insufficiently supported their claim that the 12 sources used by Resnik [sic] in the articles core to this litigation were given a promised [sic] of confidentiality in exchange for their information…. Defendant Resnek subsequently filed an affidavit which states that all the sources at issue had “provided information to me based on the promise/understanding that their names/identities would not be revealed and would be kept confidential.” Not only does this averment lack specificity for each of the 11 [?] alleged confidential sources, but it’s unclear whether each source was promised or merely understood or believed that their identities would not be disclosed. If they understood, what was the basis of their understanding?

In other words, the judge concluded that Resnek failed to make a strong case that the sources had been granted confidentiality in the first place. Perhaps that will take the sting out of Resnek’s decision to go along with the judge’s order and allow those sources to be publicly identified.

The problem of keeping sources confidential in a libel case is reminiscent of a dilemma that The Boston Globe faced in 2002, when the paper was sued by Dr. Lois Ayash for incorrectly identifying her as the “leader of a team” that signed off on an overdose of an experimental chemotherapy drug that was given to two patients at Dana-Farber Cancer Institute. One of those patients was Globe reporter Betsy Lehman, who died as a result of the overdose.

In that case, the Globe refused an order by Superior Court Judge Peter Lauriat to reveal his confidential sources. Lauriat ruled that, because Ayash did not have the evidence she needed to pursue her suit — evidence to which she was entitled as a matter of law — then she should win her case by default.

“The Boston Globe, long a champion of the freedom of information and of unfettered access to public (and even not-so-public) records, has unilaterally and unnecessarily interrupted the free flow of information that may be critical to Ayash,” Lauriat wrote, according to an account by the Reporters Committee for Freedom of the Press. A jury awarded her $2 million, a judgment that was upheld by the state’s Supreme Judicial Court in 2005.

Richard Knox, the Globe reporter whose story was at issue in Ayash’s libel suit, thought the court should have respected his promise not to identify his confidential sources. “I’m disappointed that the courts don’t understand that honoring commitments to sources goes to the heart of what journalists do every day,” he was quoted as saying.

But though Knox and the Globe may have acted out of principle, they were mistaken to think that should have come without a cost. In fact, there is no ironclad legal right for journalists to protect their confidential sources. I’d say that Judge Lauriat made the right call in demanding that the Globe give up its sources; after all, Ayash was entitled to make her best case. The Globe also made the right call, expensive though it was, by saying no.

The situation in Everett, by contrast, is weird and hard to parse. Is Resnek really breaking a promise of confidentiality if the guarantees he made to his sources were not plainly stated, as Judge Budreau suggests? Needless to say, it will be interesting to see what those sources have to say.

The Globe’s Rhode Island initiative may be expanded across New England

The Boston Globe’s Rhode Island section could be a model for other verticals devoted to different regions in New England. That’s the main takeaway from this week’s edition of “E&P Reports,” a vodcast produced by the trade publication Editor & Publisher.

The vodcast, hosted by E&P publisher Mike Blinder, featured the Globe’s Rhode Island editor (and my “Beat the Press” crony), Lylah Alphonse; Rhode Island reporter Dan McGowan; and Michelle Micone, the Globe’s vice president for innovation and strategic initiatives.

It was Micone who talked about expanding the Globe’s coverage to other regions. She specifically mentioned New Hampshire, Maine and Vermont but not Connecticut, which was either inadvertent or, more likely, a nod to the Nutmeg State’s very different media and cultural environment. I mean, my God, they root for the Yankees down there.

Alphonse and McGowan were careful not to criticize The Providence Journal, but let’s face it — the Globe’s Rhode Island project was begun in response to Gannett’s evisceration of that once great paper. Blinder said that the Journal’s full-time staff is down to about 14. [Note: The actual number is about 30.] Alphonse told me that Globe Rhode Island now has eight full-time journalists. Of course, the folks who remain at the Journal are doing good work under trying conditions, and Alphonse and McGowan were smart to acknowledge that.

One statistic that really hit me was that McGowan’s daily newsletter, “Rhode Map,” is sent to 80,000 recipients each morning, with an open rate of about 30%. By contrast, the Journal’s combined paid print and digital circulation on weekdays, according to data the paper filed with the Alliance for Audited Media, is a little under 31,000. (About 24,000 of that is print, showing that Gannett’s push on digital subscriptions has a long way to go.)

I also want to highlight the news that staff reporter Alexa Gagosz, one of our great master’s degree alums at Northeastern, is heading up expanded food and dining coverage in Rhode Island, including a weekly newsletter.

Now, to get back to possible expansion in other regions: Rhode Island was an opportunity that may not be entirely replicable elsewhere, thanks not only to the ProJo’s shrinkage but to the state’s unique identity. The state has a range of media options, including good-quality public radio, television newscasts and independent community news outlets. But the ProJo’s decline gave the Globe a chance to slide in and quickly establish itself as one of the players.

Where else does opportunity that exist? Worcester and Central Massachusetts strike me as in serious need of more journalism. The Globe memorably walked away from the region when then-new owner John Henry sold the Telegram & Gazette to a Florida-based chain after leading the staff to believe he was committed to selling to local interests. Soon enough, the T&G became part of Gannett, and it was subjected to the same devastating cuts that the chain has imposed throughout the country. The T&G carried on but is currently in flux, having lost its respected executive editor, Dave Nordman, to Northeastern, where he’s heading up the internal news operation. Could the Henrys return to Worcester? I’ve heard that might be within the range of possibilities.

But where else? New Hampshire and Maine both have good-quality independent newspapers, though New Hampshire’s two leading papers — the Union Leader and the Concord Monitor — have shrunk quite a bit. Vermont is unique, dominated by one of the most respected nonprofit news organizations in the country, VTDigger.

Then there’s the distribution model, which, if they were asking me (they’re not), is too reliant on print. Quite a bit of the Globe’s Rhode Island coverage appears in the Globe’s print edition. But rather than take on the cost of trucking more papers to Rhode Island, why not use digital to expand your reach and drive more digital subscriptions? What the Globe is doing with Rhode Island and print simply wouldn’t work if the paper established bureaus in Central Massachusetts, New Hampshire, Maine and Vermont.

The Globe is one of the few major metropolitan dailies in the country that is growing. What it’s doing in Rhode Island is impressive, and I’d love to see it happen elsewhere.

Correction: After this item was published, I learned that the Journal’s full-time newsroom staff is actually around 30 people, supplemented by freelancers.

Boston Globe Media is hiring for a morning newsletter to be called Boston Local

Earlier today, in an item about the debut of Axios Boston, I expressed some puzzlement that The Boston Globe doesn’t have a morning newsletter. It sounds like that’s about to change.

A sharp-eyed reader sent me a link to this job ad for a lead writer for a newsletter to be called Boston Local. It sounds like a fairly ambitious endeavor that will encompass not just the Globe but its sister Boston Globe Media properties as well — Boston.com and Stat, which covers health and life sciences.

Boston Local, according to the ad, will publish seven days a week and will include “Big Stories, curated Community News, Event Spotlights, Weekend Guides, and additional rotating featurettes.” The newsletter will also have its own social channels and live events.

No word on when Boston Local will debut.

Update: Sarah Betancourt of GBH News snagged this a few weeks ago. I even hit the like button at the time, but then I promptly forgot about it.

The Globe leads with a story from public media outlet WBUR

Here’s something I hadn’t seen before. The Boston Globe’s lead story today, on the backlog of cases at the Massachusetts Commission Against Discrimination, is from WBUR, one of the city’s two major public media outlets. It strikes me as semi-smart.

On the one hand, I’m all in favor of collaboration. On the other, I assume that the overlap between the Globe’s and WBUR’s audiences is extensive. Some Globe readers might not appreciate paying for something they already heard on the radio or read at WBUR.org.

Next time I might think twice about leading the paper with it. Maybe run it below the fold, as we used to say back when print mattered. Overall, though, it’s a good, important story that deserves the wider distribution the Globe can give it.

Globe Direct is hauled off to the landfill

Globe Direct is no more.

Twitter is celebrating.

Adam Gaffin of Universal Hub, who’s been crusading against Globe Direct for years, posted this photo from a Cambridgeport resident in 2015.

A New York Times editor will take charge of the Globe’s opinion section

The day after The Boston Globe was named a Pulitzer finalist in editorial writing, the paper has announced that it’s hired a new editorial page editor — James Dao, a senior editor at The New York Times. The announcement, reported in the Globe this afternoon, was made by chief executive Linda Henry.

Dao replaces Bina Venkataraman, who stepped down several months ago and is now a Globe editor at large. Venkataraman was involved in the launch of The Emancipator, the racial-justice website the Globe publishes jointly with Boston University.

I don’t know much about Dao except that, according to the Globe, he had a role in the Times’ decision to publish an op-ed piece by Sen. Tom Cotton in 2020 arguing that military force should be used against violent Black Lives Matter protesters. The episode led to the departure of editorial page editor James Bennet after it was revealed he had not read the Cotton op-ed before it was published. Dao stepped down as deputy opinion editor and took a high-ranking editing job in the newsroom.

Also of significance is that Dao is 64. I’m not saying that’s old (hey, he’s younger than I am), but he’s at an age where he probably wouldn’t be seeking to settle in for a lengthy stint. Perhaps Henry is hoping that he’ll identify and mentor a possible replacement. Henry’s full statement, forwarded to me by a trusted source, follows.

Hi team,

I am thrilled to announce that James Dao will be the Globe’s next editorial page editor, effective on July 5.

Jim brings great perspective to the Globe from his vast leadership experience across three decades and multiple news desks at The New York Times. Most recently, as the Metro editor, he oversaw coverage of one of the most consequential mayoral races in New York City’s history while leading a team of over 60 journalists in covering the ongoing challenges of the pandemic on the nation’s largest city. Previously, he oversaw the paper’s Op-Ed section and has served roles in leadership and in the trenches as an editor on the National desk, as the Times’s Albany bureau chief, a Washington correspondent, national correspondent and military affairs writer.

He is an award-winning journalist and has a passion for pushing the envelope on multimedia storytelling, an area in which we too, are deeply investing in as we aim to reach new audiences and amplify our powerful journalism in new media. Jim’s 2011 multimedia series, “A Year at War,” about the yearlong deployment of an Army battalion in Afghanistan, won numerous awards — including an Emmy — and he also was executive producer on the Netflix documentary, “Father Solider [sic] Son,” which was based on the life of an Amy sergeant first profiled in his series.

I’ve had the great honor of diving deep into conversation with Jim, and in that time, he has shared that his priorities in this role are bringing new approaches — from newsletters to podcasts — to an already outstanding opinion report. He plans for our editorial page to be at the forefront of sharing the groundbreaking ideas and innovation unfolding in our region, while continuing to hold our leaders accountable to the high standards that we expect.

As a proud Editorial Board member, I see first-hand the thoughtful dedication and passion our board has for the work that it does each day and the impact it has all across our region. In the last two years alone, Globe Opinion writers Alan Wirzbicki & Shelly Cohen and Abdallah Fayyad have been recognized as Pulitzer Prize finalists in Editorial Writing – truly remarkable accomplishments, and a testament to the talent and incredible contributions at all levels on this team.

I am grateful to Bina Venkataraman for her bold approach and leadership in this role over the last two years. Globe Opinion has grown and strengthened the editorial board, launched The Emancipator with BU, and has drawn national attention to further the impact of our content and voices. Thank you to the entire team for their commitment and patience while we conducted this thoughtful process to find the next leader who will steer Globe Opinion forward in new and exciting ways. Everyone stepped up, but I would like to particularly thank Marjorie Pritchard and Alan Wirzbicki for their leadership and extra effort to keep Opinion sharp and relevant.

Jim will now lead the charge in this exciting new chapter for the board, and we are so excited to have him get started in early July. He is copied on this note, so please join me in welcoming him to the Globe; he would welcome local bike route suggestions.

Thank you,

Linda

The Globe is named a Pulitzer finalist for editorials about post-Trump reforms

Photo (cc) 2021 by Brett Davis

A great editorial should persuade and effect change. But what if there is little or no chance that urgently needed reforms will be enacted? That was the challenge facing The Boston Globe editorial board last year when it published a series of essays arguing that the loopholes enabling Donald Trump’s corruption as president need to be closed so that nothing like it can happen again.

The editorials, by board member Abdallah Fayyad, were recognized Monday with a Pulitzer Prize finalist’s citation for “a persuasive editorial series arguing that the president of the United States could be prosecuted for crimes committed in office.” It was the closest that the Globe came to winning a 2022 Pulitzer. As Fayyad wrote:

Presidents in a democratic system of government are not meant to be able to extract personal profits from government service — or hand out pardons to imprisoned buddies, pervert justice, or foment an insurrection. That’s the promise of democracy: that it will be superior to these authoritarian tendencies of tyrants and kings. When these laws and norms are violated, they should be backed up by severe consequences if that democracy is to maintain its integrity. But right now, as it stands after Trump’s four years in office, American presidents can, in fact, commit all those abuses — and suffer little more than losing their Twitter account.

Nothing has changed. And given Trump’s continued vice grip on the Republican Party, which exercises effective veto power over any reform Congress might try to enact, nothing is going to change — at least not anytime soon.

Still, it’s worth laying down some markers. It was undeniably a good thing for a major journalistic institution like the Globe to explain why Trump was able to get away with all of it, and what it would take to prevent a future president (perhaps Trump himself) from engaging in the same kind of misconduct.

In the Globe’s own coverage of Monday’s announcement, Fayyad said: “It was surreal seeing my name up there on the broadcast alongside such great journalists. But I knew the project was deserving of this recognition because it wasn’t just my work; it took a whole team to make the series what it was — an amazing team at that.”

By the way, it looks like even the minor slap on the wrist Trump received by having his Twitter account canceled was only a temporary setback. Elon Musk, who’s poised to buy Twitter, said earlier today that he would allow the former president back onto the platform.

The New York Times is about to kill off its Today’s Paper web app

Some will mourn. Most probably didn’t even know it existed.

The New York Times is sunsetting its Today’s Paper web app on May 16. A simple listing of every story in that day’s Times, with a minimum of distractions, the app — which works on computers and tablets, but not on phones — has been a solid platform for readers who like to view the paper as it was published that day without a steady stream of updates and extra, non-print content.

I use it occasionally, but it’s been obvious for a while that no development resources were being put into it. The app looks pretty much the same (OK, exactly the same) as it did when it was unveiled in late 2013. The photos are muddy, too. There are better ways to access a listing of today’s Times — here’s one way, and there’s a section in the tablet and mobile apps as well. (There’s also a really bad replica edition that’s almost impossible to access.)

Here’s part of what Dante D’Orazio wrote at The Verge when the Today’s Paper app made its debut:

The web app seems designed for readers who appreciate the benefits offered by digital but miss the experience of reading a definitive daily edition. By limiting itself to content that’s selected to go into the paper each day, Today’s Paper should appeal to those who feel a bit overwhelmed by the full breadth of The New York Times‘ reporting. And for purists of the print edition, the app brings the Times‘ true sections, like the once-weekly “Sunday Styles” and “Science Times,” to the fore (the paper’s website and traditional apps are split into many generic sections). As a nice touch, users are presented with an image of each day’s print edition when they open the app, and select one to download for offline reading. Each section, meanwhile, offers a small glimpse at what the print layout looks like.

I believe there’s great value in offering that day’s paper, fixed in time. The Boston Globe offers two — count ’em! — replica editions, one accessible from the website and one as a standalone app. I’d give both of them a B-plus; they’d get a higher grade if you got a better view when you tapped on a story to read it. The Globe’s got a Today’s Paper listing on its website as well, but I never use it because it’s always missing things, like corrections.

The best Today’s Paper replica edition is offered by The Washington Post on its mobile and tablet apps — it’s smooth, and when you tap on a story, it opens up into a beautifully rendered article with photos. I wish every paper would do something like it.

The Emancipator makes its welcome, long-anticipated debut

The Emancipator, long in the making, has gotten past the soft-launch stage and made its formal debut this week. Aimed at covering the Black experience from an antiracist point of view, the site is vibrant and colorful. It looks great on mobile, and features videos (including one by Black activist and filmmaker Bree Newsome Bass, above) and comics alongside serious essays and reported pieces.

The Emancipator is a joint venture of The Boston Globe’s opinion operation and the Center for Antiracist Research at Boston University. Northeastern journalism students are involved as well. There’s no paywall.

The point of the project is to provide national coverage of the country’s reckoning with systemic racism. Starting with the police murder of George Floyd and the police killing of Breonna Taylor in 2020, race has moved to the center of the national conversation in a way that it had not since the 1960s. Tragically, the moment we’re in right now feels more like the backlash than it does forward progress. The introduction puts it this way:

Just as 19th-century antislavery publications reframed and amplified the quest for abolition, The Emancipator centers critical voices, debates, and evidence-based opinion to reframe the national conversation on racial equity and hasten a more racially just society.

We put journalists, scholars, and community members into conversation, showcasing missing and underamplified voices — past and present — and demonstrating how they reveal the way forward.

The founders are former Globe editorial page editor Bina Venkataramin and BU’s Ibram X. Kendi, the author of “Stamped from the Beginning: The Definitive History of Racist Ideas in America,” winner of the National Book Award. The co-editors are Deborah D. Douglas and Amber Payne. Among the more recognizable bylines is that of Globe columnist Kimberly Atkins Stohr, and the star-studded advisory board includes the ubiquitous Nikole Hannah-Jones, creator of the 1619 Project.

One interesting style note: News organizations have been reaching different conclusions during the past several years over whether they should uppercase “Black.” The Emancipator is going with uppercase “Black” and “White,” which, for what it’s worth, is what The Washington Post is doing as well. The Globe, The New York Times and The Associated Press have all opted for uppercase “Black” and lowercase “white.”

A year ago, when The Emancipator was announced, there were some hard feelings at The Bay State Banner, which has been covering the Black community in Greater Boston since 1965. (Northeastern students also contribute to the Banner through The Scope, our digital social-justice publication.) I don’t really see a conflict, though. The Banner continues to do a great job of covering local issues, while The Emancipator is national in scope and opinion-based. There’s room for both — and for more. Banner founder Melvin Miller, I should note, will receive a long-overdue Yankee Quill Award this Friday.

The Emancipator is an important project and a welcome new voice. I’ve signed up for “Unbound,” the site’s newsletter, and I’m interested to see how the project develops.

The Globe strikes back at CommonWealth

CommonWealth Magazine last week published a story reporting that several scientists who were interviewed by freelancers working for The Boston Globe’s advertising team were not told that those interviews were for branded content sponsored by the tobacco giant Philip Morris. I was among those who offered a comment to CommonWealth’s Colman M. Herman.

Earlier today the Globe issued a response. I am posting it in its entirety, followed by a counter-response from CommonWealth. First, the Globe statement:

BOSTON, April 4, 2022 — We conducted a review of all written correspondence with the medical doctors, scientists, and their representatives who were contacted to participate in the Thank You, Scientists branded content series that is referenced by CommonWealth Magazine. This series, written by freelance journalists and labeled as branded content, focused on recognizing the careers and contributions of scientists across industries and their positive impact. The series made no mention of any products.

In each case, we found that the individuals and/or the PR representatives who support them were in fact informed that their participation was for a branded content piece funded by Philip Morris International, and about celebrating scientists.

Our journalism is funded by subscribers and, like nearly all our industry colleagues, advertisers. Branded content has become an essential and widely used product by many news organizations. Done well, it creates a better experience for advertisers and for readers and it helps support our industry.

When working with an advertiser on branded content, Boston Globe Media’s advertising team maintains an editorial firewall — the newsroom and opinion teams have no involvement. We are deeply committed to honoring the integrity of our journalism and demand that our Studio/B team and the freelance writers with whom we work are transparent throughout the process.

This includes disclosing the nature of the work as branded content to potential sources and subjects. We share who the sponsoring entity is. When we publish, we clearly separate and label the final product on our print and digital platforms so that readers are aware that the articles are not produced by the Globe’s journalists. This is all common industry practice.

We are surprised by the journalistic tactics employed by CommonWealth. An individual who described himself as a freelance writer emailed the Globe seeking comment without identifying whether he was working for a specific publication or pursuing a personal agenda. He never mentioned the misleading claims that he went on to raise in the story. He didn’t follow up for any specific response. We would expect far more of an organization that undoubtedly holds itself to basic journalism standards.

We will continue to see and set the highest possible standards in assembling and publishing this kind of work.

CommonWealth editor Bruce Mohl’s retort is on the publication’s website, so I will simply link to it rather than reproducing all of it. I think perhaps the most substantive criticism offered in the Globe statement is that Herman’s attempts to obtain comment from the Globe were insufficient. Here’s what Mohl says about that:

He [Herman] did reach out to many officials at the Globe during the early phase of his reporting, when it was unclear who he would submit the story to, and never heard back from any of them. He did not follow up more recently when the focus of the piece became clearer.

Mohl also says that the Globe shared emails and texts with CommonWealth showing that the scientists were aware of Philip Morris’ involvement. He writes that CommonWealth “has reached out to all the scientists quoted in its article to ask them about the Globe’s documentation, but had not heard back from any of them yet.”