Swartz case leads Media Nation’s top 10 of 2013

Aaron Swartz speaking in 2012
Aaron Swartz speaking in 2012

Last January, not long after the young Internet genius Aaron Swartz committed suicide, civil-liberties lawyer Harvey Silverglate wrote powerfully about the abusive prosecutorial tactics that may have led to his death.

Swartz faced a lengthy federal prison sentence for downloading academic articles at MIT without authorization. Even though the publisher, JSTOR, declined to press charges, U.S. Attorney Carmen Ortiz brought a case agains Swartz under the Computer Fraud and Abuse Act. As Silverglate put it, the law is “a notoriously broad statute enacted by Congress seemingly to criminalize any use of a computer to do something that could be deemed bad.”

Silverglate’s article was republished in Media Nation with the permission of Massachusetts Lawyers Weekly, where it originally appeared. And it was far and away the most viewed article in Media Nation in 2013.

Today we present Media Nation’s top 10 posts for 2013, based on statistics compiled by WordPress.com. They represent a range of topics — from the vicissitudes of talk radio to a media conflict of interest, from Rolling Stone’s controversial cover image of accused Boston Marathon bomber Dzhokhar Tsarnaev to the sad, sudden death of The Boston Phoenix.

The top 10 is by no means representative of the year in media. Certainly the biggest story about journalism in 2013 involved the National Security Agency secrets revealed by Edward Snowden to The Guardian and The Washington Post — a story that did not make the cut at Media Nation.

Here, then, is our unrepresentative sample for the past 12 months.

1. Harvey Silverglate on the Aaron Swartz case (Jan. 24). Few people were more qualified to weigh in on U.S. Attorney Ortiz’s abusive tactics than Silverglate, my friend and occasional collaborator, who several years ago wrote “Three Felonies a Day,” a book on how the federal justice system has spun out of control. But Silverglate’s take wasn’t the only article about Swartz to generate interest in Media Nation. The aftermath of Swartz’s suicide also came in at No. 11 (“The Globe turns up the heat on Carmen Ortiz,” Jan. 11) and No. 13 (“Aaron Swartz, Carmen Ortiz and the meaning of justice,” Jan. 14). In a bit of poetic justice, a project Swartz was working on at the time of his death — software that allows whistleblowers to submit documents without being identified — was unveiled by The New Yorker just several months after his suicide.

2. The New Republic’s new owner crosses a line (Jan. 28). A little more than a year ago, the venerable New Republic was saved by Chris Hughes, a co-founder of Facebook who is using some of his fortune to restore the magazine to relevance and fiscal health. But he crossed an ethical line last January when he took part in an interview with President Obama, whose campaign he had worked on, and tossed a series of softball questions his way. At the time I wrote that Hughes was guilty of “no more than a minor misstep.” So how did it rise to No. 2? It turns out that a number of right-leaning websites picked up on it, bringing a considerable amount of traffic to Media Nation that I normally don’t receive.

3. Dailies go wild over sports controversies (Aug. 30). Four months after publishing this item, I find it hard to make heads or tails of what was going on. But essentially Globe-turned-Herald sportswriter Ron Borges contributed to a Rolling Stone article on the Aaron Hernandez murder case, which generated some tough criticism from both the Globe and the well-known blog Boston Sports Media Watch. That was followed almost immediately by a Globe article on the ratings collapse of sports radio station WEEI (AM 850), which brought yet more tough talk from, among others, ’EEI morning co-host Gerry Callahan, who also happens to write a column for the Herald. Yes, Boston is a small town.

4. Rolling Stone’s controversial cover (July 17). I thought it was brilliant. I still do. The accusion that Rolling Stone was trying to turn Dzhokhar Tsarnaev into some sort of pop-culture hero is absurd and offensive — and not borne out by the well-reported article that the cover was designed to illustrate.

5. Glenn Ordway walks the ratings plank (Feb. 14). Ordway built sports talker WEEI into a ratings monster only to see its numbers crater in the face of competition from the Sports Hub (WBZ-FM, 98.5). Ordway was by no means the problem with WEEI. But station management decided it could no longer afford his $500,000 contract, and so that was it for the Big O.

6. A big moment for The Boston Globe (Dec. 17). It was actually a big year for the Globe, from its riveting coverage of the marathon bombing and the standoff that led to the arrest of Dzhokhar Tsarnaev to the paper’s acquisition by Red Sox principal owner John Henry. But two days in mid-December were emblematic of the paper’s continuing excellence and relevance — a long, detailed exposé of the Tsarnaev family that revealed Dzhokhar, rather than his older brother, Tamerlan, may have been the driving force behind the bombing; an investigation into a case of alleged “medical child abuse” that pitted a Connecticut family against Children’s Hospital; and a nationally celebrated series of tweets by staff reporter Billy Baker about a Boston teenager from a poor family who had been admitted to Yale.

7. The Boston Phoenix reaches the end of the road (March 14). A stalwart of the alternative-weekly scene and my professional home from 1991 to 2005, the Phoenix was a voice of incalculable importance. But with even the legendary Village Voice struggling to survive, the alt-weekly moment may have passed. At the time of its death, the Phoenix had more than 100,000 readers — but little revenue, as advertising had dried up and both the print edition and the website were free. I scribbled a few preliminary thoughts in this post, and later wrote something more coherent for PBS MediaShift.

8. The return of Jim Braude and Margery Eagan (Feb. 6). Eagan and Braude’s morning show was the one bright spot on WTKK Radio, an otherwise run-of-the-mill right-wing talk station that had been taken off the air a month earlier. So it was good news indeed when the pair was hired to host “Boston Public Radio” from noon to 2 p.m. on public station WGBH (89.7 FM). (Note: (I am a paid contributor to WGBH-TV’s “Beat the Press,” where Eagan is a frequent panelist.)

9. Joe Scarborough grapples with history — and loses (Feb. 17). Asking cable blowhard Scarborough to write a review for The New York Times Book Review about the relationship between Dwight Eisenhower and Richard Nixon could have been a smart, counterintuitive move. But it only works if the writer in question is, you know, smart.

10. The bell tolls for WTKK Radio (Jan. 3). As I already mentioned, Jim Braude and Margery Eagan were able to walk away from the rubble of WTKK, which was shut down by corporate owner Greater Media and turned into an urban music station. Just a few years earlier the station had been a ratings success with trash-talking hosts like Jay Severin and Michael Graham. But tastes change — sometimes for the better.

Photo (cc) by Maria Jesus V and published under a Creative Commons license. Some rights reserved.

More on those inflated digital circulation numbers

Jon Chesto of the Boston Business Journal takes on a subject that I tackled recently: trying to make sense of The Boston Globe’s paid circulation figures at a time when no one seems to know how to count print and digital sales.

As Chesto and a number of us have observed, the Alliance for Audited Media (AAM), whose numbers are considered to be the industry standard, has gotten carried away with digital subscriptions, allowing the Globe and other newspapers to count some subscribers two or even three times. Chesto writes:

This potential for discrepancies and confusion is one reason why the AAM board, which oversees how newspaper circulations are reported to advertisers, is weighing whether to tighten its rules.

It’s hard these days to get a precise number for unique paying subscribers, a figure that AAM was generally able to provide, back when it was known as the Audit Bureau of Circulations, and readership was essentially measured by the number of copies sold.

There’s no question we need a standard that everyone can agree on and that makes sense. Paid digital has enabled the Globe to improve its circulation numbers, and that’s fine. But the AAM system is so out of whack that it’s in danger of not being taken seriously.

The Boston Globe’s remarkable two days

Tsarnaev image

A massive investigation into the Tsarnaev family that casts into doubt the notion that Dzhokhar Tsarnaev was the dupe of his older brother, Tamerlan. A harrowing two-part story on a supposed case of “medical child abuse” that raises serious questions about one of our most respected hospitals. And a feel-good story posted to Twitter that immediately goes viral.

It was quite a two days for The Boston Globe, starting with the Sunday edition and wrapping up Monday evening, when staff reporter Billy Baker’s tweets about a poor teenager getting accepted into Yale were cited by the likes of BuzzFeed and Piers Morgan.

It was the Tsarnaev package that has received the most attention. Reported by Sally Jacobs, David Filipov and Patricia Wen (Filipov, a former Moscow bureau chief for the Globe, visited Dagestan, where he learned of Tamerlan’s inept efforts to join an Islamist insurgency), the story provides the most thorough overview yet of a dysfunctional family dynamic that ultimately led the Tsarnaev brothers into terrorism.

The story defies summary. For me, the most fascinating takeaway is that Dzhokhar, far from being manipulated by Tamerlan, was himself an angry young man and a big-time pot dealer who was at the very least a co-equal of Tamerlan’s. With Tamerlan reportedly hearing voices and seemingly unable to make coherent plans, Dzhokhar may well have been the key to pulling off the Boston Marathon bombings.

Indeed, it was Dzhokhar, according to the Globe report, who downloaded an article in an Al Qaeda publication titled “Make a bomb in the kitchen of your mom.” No doubt this is the sort of thing we can expect to hear at Dzhokhar’s trial, especially if prosecutors seek the death penalty.

(And a quick word about the Boston Herald, which tries to claim that what the Globe published was a politically correct puff piece about the Tsarnaevs — see this, this and this. Just stop, OK? You’re embarrassing yourselves and exploiting the victims of the Tsarnaev brothers’ act of terrorism. At least Herald columnist Margery Eagan hasn’t taken leave of her senses.)

One final point: Even though the Globe published a special eight-page section for its Tsarnaev story, the package was most fully realized online, where it received the large-type/big-art treatment that has become known as the “Snow Fall” effect, after a pioneering New York Times multimedia story. The message is that, increasingly, newspapers are treating their print editions as a secondary medium — even as they continue to bring in most of the advertising revenue.

Abuse — or a terrible mistake?

If it hadn’t been for the Tsarnaev package, I imagine the big news of the week would be Neil Swidey and Patricia Wen’s report (here and here) about Justina Pelletier, a 14-year-old from Connecticut who was taken to Children’s Hospital with what had been diagnosed as a metabolic disorder.

Doctors at the hospital concluded that Justina was actually the victim of “medical child abuse” at the hands of her parents. They placed the girl in a locked psychiatric unit for months while they tried to figure out what to do next. It is a harrowing and horrifying story, and it’s difficult to know who’s right and who’s wrong. But there are some strong suggestions that Children’s made a terrible mistake:

  • Justina’s older sister had been diagnosed with a milder form of metabolic disease, yet was living at home with no apparent issues.
  • Justina’s condition did not improve in the absence of her parents.
  • Dr. Mark Korson, a Tufts physician who had provided the initial diagnosis, was treated with contempt by Children’s and not allowed to participate in Justina’s treatment.

One inescapable conclusion: If the people at Children’s now harbor doubts about their actions, they dare not admit it because of the legal and professional ramifications. The case is as yet unresolved, and I look forward to learning more.

Billy Baker’s tweets of hope

Finally, there is Billy Baker’s remarkable series of tweets, which he began after learning that George Huynh had been accepted into Yale. Baker profiled George and his older brother, Johnny, two years ago. They were both attending Boston Latin School and were determined to rise up despite the suicide of their father and the mental illness of their mother. It began as simply as this:

It turns out that Baker had stayed in touch with the Huynh brothers after his story was published and had become something of a mentor to them. The tweets tell a full, deeply moving story, ending with George’s smiling face.

I’m not sure Twitter is the best tool for narrative journalism, but Baker made it work. And he put a smile on everyone’s face just before Christmas.

Correction: I misspelled Swidey’s name in the original post.

Yemma to step aside at Christian Science Monitor

John Yemma with Northeastern journalism students in 2011
John Yemma with Northeastern journalism students in 2011

John Yemma, who led The Christian Science Monitor from a print newspaper to a digital-first news organization, will step aside as editor next month. According to the Monitor, Yemma will be succeeded by managing editor Marshall Ingwerson.

I don’t know Ingwerson, but I do know Yemma, who worked in various capacities for The Boston Globe between stints at the Monitor. He is a steady hand, with good news judgment and unfailing decency. He has also been very helpful to my students when we have visited his newsroom.

In 2009 I profiled Yemma for CommonWealth Magazine as the Monitor was getting ready to undergo its digital transition. Today the former newspaper has given way to a free website, a paid weekly news magazine and several speciality emails. Readership is up and the subsidy the Monitor receives from the Christian Science Church is down.

At a time when most news organizations have cut back on international coverage, Boston is the home of three interesting projects: GlobalPost, a for-profit company headed by New England Cable News founder Phil Balboni; Global Voices Online, launched at Harvard Law School’s Berkman Center, which tracks citizen media around the world; and the venerable Monitor, begun in 1908 by Christian Science founder Mary Baker Eddy.

Yemma has expressed an interest in returning to writing, according to the Monitor. Best wishes to one of the city’s finest journalists.

Photo (cc) by Dan Kennedy. Some rights reserved.

Michael Calderone on what to expect from Carolyn Ryan

One of the first media pieces I ever wrote for The Boston Phoenix, in the mid-1990s, was on the shrinking Statehouse press corps. Among those I interviewed was a young reporter for The Patriot Ledger of Quincy named Carolyn Ryan.

Ryan went on to great success at the Boston Herald, The Boston Globe and The New York Times. She was recently named the Times’ Washington bureau chief, and Michael Calderone of The Huffington Post has written about what to expect. An excerpt:

Ryan … has managed large reporting staffs in New York and Boston and is known inside the paper as a fierce competitor who sets high expectations. Such attributes can benefit the the Times’ Washington operation, which appears to be stepping up efforts against Politico and others in driving the political conversation of the day. Ryan may help ward off the complacency that news outlets long at the top of the media pecking order can sometimes fall prey to.

Quite a rise for Ryan, a hard-working, talented journalist. She deserves this moment, and I have no doubt she’ll make the most of it.

‘Variable tolling’: A new way of sticking it to drivers

The Boston Globe’s editorial page today endorses a terrible idea: tolls that rise or fall depending on the time of day and the amount of traffic congestion. The editorial describes “variable tolling” as “a technology that keeps traffic manageable by raising prices during busy periods, thus giving drivers an incentive to use the highway at other times.”

Well, I’m fortunate enough to be able to drive off-peak most of the time, so I would be able to take advantage of those low rates. But the vast majority of drivers do not have that luxury.

Far better to improve public transportation so that people have a positive incentive to get out of their cars. Sadly, the transit system gets worse and worse. The carrot is gone, and the stick grows longer.

BBJ: Henry is close to selling Worcester paper

The indispensable Boston Business Journal reports that John Henry may be close to selling the Telegram & Gazette of Worcester, the “other” newspaper he acquired when he purchased The Boston Globe.

Craig Douglas writes that the T&G may end up in the hands of GateHouse Media, which recently implemented cuts at its two newest Massachusetts properties, the Cape Cod Times and The Standard-Times of New Bedford.

I’d like to think that Henry would sell to local owners if he could find any. The T&G may be a tough acquisition at this point, and GateHouse may be among the few prospective buyers willing to take it on.

My hope is that GateHouse, which is going through a structured bankruptcy aimed at getting $1.2 billion in debt off its back, will prove to be a better steward of the T&G than we’ve come to expect.

GateHouse’s recent move at its weekly papers in Massachusetts — reallocating resources from weaker to stronger papers rather than engaging in out-and-out cuts — offers some reason for optimism.

Update: Henry has what sounds like good news, according to the T&G — no sale before 2014, plus he’s hoping for a local buyer.

The challenge of counting digital subscribers

UnknownHow many digital subscriptions has The Boston Globe sold? According to Globe spokeswoman Ellen Clegg, there were 45,971 “digital-only subscribers” in September — an increase of nearly 80 percent over the 25,557 who had signed up a year earlier.

That sounds impressive. But it’s a pittance compared to the numbers compiled by the Alliance for Audited Media (AAM), which recently released a report claiming the Globe had an average of 86,566 digital readers for its Monday-through-Friday editions for the six-month period ending Sept. 30.

The difference is in how you count digital subscriptions. I’ve written about this before, but the AAM’s methodology is becoming increasingly controversial, as some readers are being double- or even triple-counted.

Here’s how it works. As Clegg says, the number reported by the Globe represents only customers who have signed up for paid online access through the BostonGlobe.com website, the iPhone app, the ePaper replica edition or an edition for e-readers like the Kindle.

If anything, that methodology undercounts digital readership. For instance, we pay for home delivery of the Sunday paper, which entitles us to digital access at no extra charge — and that’s how we read the Globe Monday through Saturday. Yet according to Clegg, because we have not specifically purchased a digital edition we are counted as Sunday-only print subscribers.

By contrast, under the AAM methodology you could sign up for seven-day home delivery of the print edition — and if you also regularly log on to BostonGlobe.com at work, you’d count as a digital subscriber as well. If you download and use the Globe iPhone app to check the headlines while waiting for the subway, well, there’s a good chance you’ll be counted again. Joshua Benton of the Nieman Journalism Lab recently broke it down:

AAM wrote a blog post in May explaining that a paying print subscriber at a paywalled newspaper can actually count as two “subscriptions” if publishers provide proof that the subscriber activated their username and password for digital. And there’s no reason to stop at two: “each digital platform,” like an iPhone app, can count as its own sub too.

And in a considerable understatement, Poynter’s Andrew Beaujon — noting that the AAM methodology allowed USA Today to claim a 67 percent increase in paid circulation — wrote that “the new figures make many comparisons challenging.”

The good news for the Globe is that paid circulation more or less held its own during past year even if you use the paper’s own understated figures. From September 2012 to September 2013, print circulation of the Monday-through-Friday edition fell from 180,919 to 166,807, according to the AAM. On Sundays it fell from 323,345 to 297,493.

But when you factor in  digital-only subscriptions, the Globe had a paid Monday-through-Friday circulation of 212,778 this September, up from 206,476 a year ago — an increase of 3 percent. On Sundays, total paid circulation declined from 348,902 to 343,464, or about 1.5 percent.

The picture looks considerably brighter if you use the AAM’s figures. By those measures, Monday-through-Friday paid circulation at the Globe rose from 230,351 to 253,373, an increase of about 10 percent. Sunday circulation rose from 372,541 to 384,931, or 3.3 percent.

What is the most accurate measure? The AAM figures may be exaggerated, but it’s also clear that the Globe’s measurements undercount paid subscribers — especially Sunday-only print customers who read the paper online during the rest of the week.

My best estimate is that paid circulation at the Globe is stable or growing slightly. And though digital advertising is not nearly as lucrative as its print counterpart, the far lower costs of digital publishing should help John Henry and company offset the loss in ad revenue.

Certainly Boston Herald publisher Pat Purcell must be looking closely at the Globe’s strategy. According to the AAM, paid circulation of the Monday-through-Friday Herald dropped by 9 percent, to 88,052, over the past year. The Sunday edition fell by 7.5 percent, to 71,918.

Four takeaways from new owner John Henry’s message to readers of The Boston Globe

John Henry at celebration of the Red Sox' 2007 World Series victory.
John Henry in October 2007

This article was published earlier in the Nieman Journalism Lab and The Huffington Post.

John Henry’s nearly 2,900-word message to readers of The Boston Globe could have been little more than an exercise in public relations, standing up for what is good and deploring what is bad.

There’s a lot of that, of course. We’re only into the second paragraph before he dutifully informs us that the Globe “is the eyes and ears of the region in some ways, the heartbeat in many others.” But Henry, a billionaire financier who is the principal owner of the Boston Red Sox, is also unexpectedly revealing about himself and how he intends to run the Globe. (Henry purchased the Globe, its BostonGlobe.com and Boston.com websites, the Telegram & Gazette of Worcester and several smaller properties from the New York Times Co. for $70 million. The sale, announced in August, closed last week following a brief delay over a labor dispute at the T&G. Henry also made a bit of news when folks at the T&G noticed that his message omitted Worcester entirely.)

Henry’s piece, headlined “Why I bought the Globe,” takes up a full page in the Opinion section of Sunday’s paper. It’s teased on the front page as well. He writes about his life, the Red Sox, the financially struggling news business and what he thinks needs to be done to set it on a sustainable path. Here are what I think are the most important takeaways.

1. He plans to be an activist owner. Just the atmospherics of the essay itself are a pretty strong indication that Henry does not see this as a passive investment. He wants to be the face of the Globe.

To counter his image as a reserved, slightly eccentric rich guy who dabbles in sports, Henry goes into some detail about his involvement in the civil-rights movement and his subsequent retreat “into what most of my friends thought was my primary talent at the time — writing and performing rock music.”

Somewhere along the way he made a lot of money, but he writes about that only briefly. Instead, he describes his stewardship of the Red Sox as a possible model for what he intends to do with the Globe:

When we acquired the Red Sox, profit was literally at the bottom of our list of goals. We were determined to do whatever it took to win.

Now I see The Boston Globe and all that it represents as another great Boston institution that is worth fighting for.

Here’s another intriguing example of what sort of profile Henry intends for himself as the Globe’s owner: Recently the Boston Business Journal reported that toxic waste at the Globe’s Dorchester property could complicate any plans Henry might have to develop the site and move the paper to a cheaper location. Henry used his Twitter feed to dispute the BBJ’s story and slam an earlier piece about the Globe’s break-up with a classified-ad site called Cars.com:

A feisty newspaper owner who fights back in public? Bring it on. That’s certainly an improvement over the gray management style of the Times Co.

2. He’s looking for advice in all the right places. If the Globe and other large regional dailies are going to survive and prosper, they need to develop new ways of doing business. So it’s encouraging that Henry mentions alliances the paper already has with Harvard’s Shorenstein Center, the MIT Media Lab and the Nieman Journalism Lab.

Henry also gives a shout-out to Clay Shirky, which I take as a signal that Henry is reading and talking to the right people. It doesn’t sound like he intends to take the approach adopted by Aaron Kushner, a one-time Globe suitor who’s winning plaudits for trying to revive the Orange County Register by focusing on the print edition. The Globe has been a leader in digital journalism. So it’s good news that Henry sounds like he’s going to double down on innovation.

3. He has some retro ideas about paid content. Near the top of his commentary, Henry repeats an old trope, writing that newspapers have been losing money because “Readers were flocking from the papers to the Internet, consuming expensive journalism for free.”

Now, I’ve got nothing against charging for digital subscriptions, and the Globe has had some success with that — 39,000 at last count. But it’s important to keep in mind what newspaper owners are up against in asking readers to pay for online access.

As has often been said, newspaper readers never paid for the news — they paid for the expense of printing and delivering the paper, with advertisers picking up the rest. These days, readers are paying — a lot — for their own printing presses (computers, tablets and smartphones) and their own delivery (broadband and cellular access). It’s perfectly understandable that they don’t want to pay more.

What went wrong was not that newspapers started giving away their content but, rather, that the advertising model collapsed, especially from classifieds. Henry understands this, writing, “I feel strongly that newspapers and their news sites are going to rely upon the support of subscribers to a large extent in order to provide what readers want.”

I wish any newspaper owner well in persuading readers to pay for journalism. But we have to understand that we are asking them to do something they’ve never done before: pay for news in addition to paying for printing and delivery. We need to be humble about how much we’re asking of our audience.

4. He wants the Globe to act as a guide to the larger conversation. One of the most important roles professional journalism can play is to aggregate and curate the torrent of information — not just when big news breaks, but on a daily basis.

The New York Times does this with The Lede; the Globe does it from time to time, as it did following the Boston Marathon bombing. The idea is to become the go-to place for trustworthy links to other news sources, blogs and citizen media. Henry clearly gets that, writing:

We will provide what we will call the Globe Standard when it comes to curated links that will ensure our readers do not waste their time when they click on news, reviews, writers, columnists, ecommerce, events, opportunities, and social engagement from any of our platforms.

One thing Henry gets absolutely right is that the newspaper business is not now and never was compatible with ownership by publicly traded corporations and the quarterly demands of Wall Street. For more than a generation, corporate chains slashed newsrooms, first to drive up profit margins, later to stave off mounting losses. The debt they took on to build their chains is one of the prime reasons for their inability to set themselves on a new path. Henry understands that.

“I soon realized that one of the key things the paper needed in order to prosper was private, local ownership, passionate about its mission,” Henry writes. Farther down, he adds: “But this investment isn’t about profit at all. It’s about sustainability. Any great paper, the Globe included, must generate enough revenue to support its vital mission.”

Leaving aside the obvious fact that profit is a key to sustainability, Henry articulates a vision in which journalism comes first — which is another way of saying the customer comes first. Too many newspaper owners have forgotten that.

Photo (cc) by Patrick Mannion and published under a Creative Commons license. Some rights reserved.