David Frank of Massachusetts Lawyers Weekly reports that the Boston Herald has lost a libel suit brought by a woman who charged the paper had falsely claimed she engaged in “sexual acts” while visiting an inmate at Bridgewater State Prison in 2009. Lawyers Weekly has posted the jury’s verdict form as well.
The plaintiff, Joanna Marinova, was awarded about $563,000 in damages. According to Frank, Marinova’s lawyer, David Rich, “argued that the story was intended to sensationalize a trip that his client and Rep. Gloria Fox made to the prison to investigate alleged incidents of inmate abuse.”
Herald lawyer Peter Biagetti provided a statement to Lawyers Weekly that reads in part: “The article was meticulously researched, carefully written and extremely well-documented. We are proud of it, and of the journalist who wrote it.”
Rich was part of the legal team that represented former Superior Court judge Ernest Murphy, who won a $2.1 million libel verdict against the Herald in 2005.
Retired T&G editor Harry Whitin and Polar Beverages chief executive Ralph Crowley had been mentioned as possible buyers since 2009, when the New York Times Co. first put the Globe and its related properties (including the T&G) up for sale. John Henry, who bought the Globe late last year, told the T&G staff in November that he hoped to sell the paper to someone local, and that he might hang onto it if he couldn’t find the right buyer. (Henry also said he would keep the T&G’s Millbury printing plant — a facility that is likely to be used to print the Globe and handle its contract work, including the Boston Herald, after Henry sells the Globe’s current headquarters on Morrissey Boulevard in Dorchester. He recently confirmed that move in an interview with Boston magazine.)
Now, though, Whitin and Crowley are out, with Whitin telling the T&G’s Shaun Sutner: “For all intents and purposes, we have withdrawn from the process.”
Today’s T&G story also quotes Tim Murray, CEO of the Worcester Regional Chamber of Commerce and the former lieutenant governor, as saying that Henry should sell the paper at a discount if that means transferring it to local owners, just as the Times Co. sold the Globe to Henry out of a sense that he would prove to be a good steward. Here’s Murray:
The fact of the matter is The New York Times gave a discount to a local buyer for The Boston Globe because they had a buyer who professed to be committed to the region, Greater Boston and the journalistic mission that newspapers play. And therefore it is not unreasonable for Mr. Henry to extend that same courtesy to the residents of Worcester in contemplating a sale.
Sutner quotes me regarding two national chains — GateHouse Media, which owns about 100 papers in Eastern Massachusetts, and Digital First Media, which owns several papers not far from Worcester, including The Sun of Lowell and the Sentinel & Enterprise of Fitchburg.
Of the two, I think Digital First would be the more interesting choice. Headed by the bombastic John Paton (profiled in 2011 by David Carr of The New York Times), his company — which includes papers such as The Denver Post and the New Haven Register — has been trying to innovate its way out of the financial morass in which the newspaper business finds itself.
Digital First employs some of the most respected thinkers in digital journalism, including editor-in-chief Jim Brady and digital transformation editor Steve Buttry. Here is a press release on Digital First’s most recent initiative, Project Unbolt, which seeks to remove the “bolts” that still keep local journalism attached to the industrial processes that defined pre-Internet newspapers. Digital First also has a content partnership with GlobalPost, the pioneering online international news service founded five years ago by Boston media entrepreneur Phil Balboni. (I wrote about some of Paton’s early moves in New Haven in my book “The Wired City.”)
The Telegram & Gazette is a major media presence in Central Massachusetts. I still hope it ends up in local hands — or that Henry decides to keep it. But if it’s going to be sold to a national chain, the staff and the community could do worse than to be served by a company that is trying to revive the business of local news.
How did CommonWealth Magazine reporter Colman Herman’s words end up in former state inspector general Greg Sullivan’s mouth when Sullivan was quoted in the Boston Herald? It’s a great question, and John Carroll asks it at his blog It’s Good to Live in a Two-Daily Town.
Here’s what happened. As Carroll noted Friday, both The Boston Globe and the Herald ran stories about a sweetheart deal the Red Sox have had with the city since the 1940s after Herman reported the previous day that there seemed to be no legal basis for it. Boston Mayor Marty Walsh is said to be investigating. The Globe credited CommonWealth; the Herald didn’t.
But what is stranger still is that the Herald story, by Richard Weir, quotes Sullivan as saying something that Herman wrote, word for word: “No other single private entity is allowed to close off a street in Boston on a regular basis.” Carroll adds he has it on “good authority” that Sullivan contends he never said it.
Perhaps it’s also worth pointing out that CommonWealth and the Herald have a poisonous relationship. For reasons that were never clear, a couple of years ago the Herald went after CommonWealth’s publisher, the Massachusetts Institute for a New Commonwealth, a nonprofit think tank. Here is an example. (Note: I used to write a media column for CommonWealth and remain a friend of MassINC.)
It’s hard to know what to make of the latest weirdness without hearing from Sullivan and the Herald. Now that Carroll has documented it, I hope the principals will weigh in.
Update: A couple of people reminded me of this CommonWealth story, which challenged the Legend of Gidget, one of the foundations on which the modern Herald was built. So maybe that’s where the animus began.
I’ll leave it to my friend John Carroll to analyze the dust-up between the Boston Globe and the Boston Herald over whether former senator Scott Brown is or isn’t still working for Fox News. (Short answer: he is.) No doubt that’s coming later today.
So just a quick observation. On Wednesday the Globe’s Joshua Miller quoted an unnamed source at Fox who told him that Brown was “out of contract,” thus fueling speculation that Brown was about to jump into New Hampshire’s U.S. Senate race. It turns out, according to the Herald’s Hillary Chabot and Miller’s follow-up report, that Brown was merely between contracts, and that he’s now re-upped.
If I were Miller or an editor at the Globe, I would love to be able to point to a named source at Fox for passing along information that may have been technically accurate but was not actually true. But they can’t, and that’s one of the hazards of granting anonymity.
It’s especially dangerous with Fox. According to NPR media reporter David Folkenflik’s book “Murdoch’s World,” the fair-and-balanced folks once went so far as to leak a false story to a journalist — anonymously, of course — and then denounce him in public after he reported it.
Of course, this all leads to the political question of the moment: Does this mean Brown isn’t running for senator? Or president? Or whatever office he is thought to be flirting with this week?
Nice tribute by Margery Eagan to the late Boston Herald American editor Don Forst and what former Herald editor Kevin Convey — among others — learned from him. James Barron of The New York Times has a fuller treatment of Forst’s career, much of which was spent in New York.
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.
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.
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.
How 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.
Rupert Murdoch is selling The Middleboro Gazette, the weekly that covers the Southeastern Massachusetts town where I grew up. I’m not sure Murdoch ever knew he owned it in the first place. It’s just something that was thrown in when his News Corporation bought The Wall Street Journal and Dow Jones in 2007.
Earlier today, Dow Jones’ chain of local newspapers — formerly the Ottaway group — was acquired by an affiliate of Fortress Investments, the majority owner of GateHouse Media, which will manage the papers. I’m not sure why GateHouse itself isn’t buying the papers, but perhaps we’ll learn more in the days ahead. Jim Romenesko has more.
Dow Jones’ regional properties include some high-quality, well-known dailies such as The Standard-Times of New Bedford, the Cape Cod Times and the Portsmouth Herald of New Hampshire.
Two questions spring to mind:
In general, the Ottaway papers have been spared some of the cuts that the financially struggling GateHouse chain has implemented. Will downsizing now commence? Or will the Ottaway papers’ odd status as non-GateHouse papers spare them?
What happens to Boston Herald owner Pat Purcell, who’s been running the Ottaway papers for Murdoch since 2008? Will he content himself with running the Herald? Or will Murdoch come up with a new assignment for him?
The deal includes 33 publications, eight of them daily papers. Romenesko reports that financial terms were not disclosed. But given that The Boston Globe recently went for $70 million — not much more than the value of its land — I can’t imagine that a significant amount of money is changing hands.
The details of the transaction were not released, but the money involved was evidently relatively small, because if it had been bigger (or, in financial terms, material to the company) News Corporation would have had to disclose more financial information.
Ouch.
Update II: Shows you what I know. Fortress paid $87 million for the Dow Jones papers, which may be a fraction of what they were worth a few years ago, but is more than I had imagined.
According to Tiffany Kary of Bloomberg BusinessWeek, an enormously complicated reorganization is now under way. The long-in-the-making bankruptcy of GateHouse Media is now a reality, and the company will be absorbed into a new company to be created by Fortress called New Media.
Update III: Jon Chesto of the Boston Business Journal has posted a must-read analysis of what’s going on. Talk about failing up. GateHouse is going bankrupt and will become part of something bigger. And it looks like GateHouse chief executive Mike Reed isn’t going anywhere.
