A troubling libel suit against the Herald

Brad Delp

Geoff Edgers’ story in Sunday’s Boston Globe on the troubled life of Boston singer Brad Delp raises some interesting questions about libel law. The most important is this: If a newspaper publishes a report that is accurate, what obligation does it have to verify that it is also true?

Following Delp’s suicide in 2007, the Boston Herald’s Inside Track reporters, Laura Raposa and Gayle Fee, wrote that Delp’s ex-wife, Micki Delp, blamed Delp’s death on his troubled relationship with Tom Scholz, Boston’s founder and leader. According to court documents examined by Edgers, the Tracksters also relied on e-mails from Micki Delp’s sister Connie Goudreau. (Here’s some more background on the case and its principals.)

Scholz, in turn, sued Micki Delp and Connie Goudreau for defamation, and in 2010 filed a libel suit against the Herald as well, charging that the Herald should have known Micki Delp had a personal vendetta against Scholz. Goudreau has settled with Scholz, but the other cases remain unresolved.

Edgers presents powerful evidence that Delp’s suicide should not be blamed on Scholz. Delp had suffered from depression for years, and his relationship with his fiancée, Pamela Sullivan, was troubled. Still, who knows what could drive a person to suicide?

In simple terms, the legal question is whether the Herald was obliged to go beyond accurately reporting what Micki Delp and Goudreau were telling its reporters and determine whether their accusations against Scholz were actually true. Was Delp as upset with Scholz as his ex-wife and sister-in-law claimed? Did that so traumatize Delp that it could have contributed to his suicidal state of mind?

A verdict against the Herald would be very bad news for the press. Because Scholz is a public figure, he would have to prove that the Herald knew or strongly suspected that its reporting was false. Even if Fee and/or Raposa knew Micki Delp had it in for Scholz, it doesn’t necessary follow that they thought she was lying.

In the relevant Supreme Court case, Harte-Hanks Communications v. Connaughton (1989), the court found in favor of a public official who’d been maligned after it was proven (among other things) that the managing editor of the local newspaper literally ordered reporters not to interview a source or examine documents that might contradict the story she wanted to publish.

That is not remotely what’s at issue in the Scholz case. Based on Edgers’ article, it seems to me that not only did Fee and Raposa not doubt they’d gotten the story right, but that Scholz would have a very difficult time proving they’d gotten it wrong in any definitive way.

Photo (cc) by Craig Michaud via Wikimedia Commons and republished here under a Creative Commons license. Some rights reserved.

You just can’t keep a bad word down

For those of us in the dwarfism community, it sometimes seems that the outside world is mainly interested in two things: how people with dwarfism are depicted in popular culture and the continued debate over the word “midget,” which is regarded as offensive by nearly everyone within the community.

Here is former New York Times public editor Clark Hoyt’s 2009 column in which he acknowledges that the “M”-word is offensive and would no longer be used in the Times.

Last week the “M”-word popped up when commentator Bernard Goldberg used it on “The O’Reilly Factor” while critiquing former MSNBC talk-show host Keith Olbermann. In observing that Olbermann’s relatively low ratings in comparison to Fox News were nevertheless higher than anyone else’s at MSNBC, Goldberg compared Olbermann to “the tallest midget in the room.”

My friend Bill Bradford, who’s the senior vice president of Little People of America, called my attention to it on Facebook, and we hashed it out a bit. My inclination was to give a pass to Goldberg on the grounds of his well-documented cluelessness. But another friend, Julie Holland, quickly discovered that Goldberg knew exactly what he was saying. Last February, in defending the use of such charming terms as “Negro” and “retarded,” Goldberg told Bill O’Reilly:

If you use the word midget, the little people community are going to jump all over you. I mean not literally, but they’re going to get on you.

That sound you hear in the background is O’Reilly snickering.

On Sunday, meanwhile, the Boston Herald ran a feature on a show at the Seaport World Trade Center charmingly called “Motorcycles, Midgets and Mayhem,” starring dwarf wrestlers called the Half-Pint Brawlers.

Another LPA friend, District 1 director Barbara Spiegel, is quoted as objecting both to the spectacle and to the use of the “M”-word. The story, by Renee Nadeau Algarin, is benign enough, and I’m not suggesting the Herald should have ignored it. But it’s accompanied by an extensive slide show and a come-on to buy reprints. The comments are about as bad as you would expect.

There’s no question that the way people with dwarfism are depicted in the media is far more positive than it was a generation or two ago. Reality shows such as “Little People, Big World” and “The Little Couple” have helped normalize dwarfism in the eyes of the public.

Yet in the more benighted corners of the media, it seems that things haven’t changed much at all.

It’s still news when a sportswriter comes out

I find it interesting that it’s 2011 and it’s still occasionally noteworthy when we learn that a journalist is gay. Today Boston Herald sports columnist Steve Buckley writes a heartfelt piece — teased on page one — headlined “Welcome to my coming-out party.”

No surprise. I’d heard several times over the years that Buckley was gay, though, as Buckley makes clear, he wasn’t fully, publicly out. What makes his sexual orientation newsworthy are two factors:

  • He covers sports, a macho world where such things still matter, if not nearly as much as they used to. You can be sure that if Buckley’s beat were the Statehouse, he would not have written about being gay.
  • He’s probably best known as a regular presence on sports radio station WEEI (AM 850), where homophobia has been part of the mix for many years. Here’s just a taste. I don’t listen to ‘EEI as much as I used to, and perhaps the gay-baiting isn’t as bad as it was in the past. In any case, Buckley’s coming-out may encourage the station to clean up its act.

This is actually the second time a Herald sportswriter has come out — Buckley was preceded by Ed Gray in 2003. So let’s not make too much of this. Still, it’s a good thing that Buckley has decided to be who he is in public as well as in private. Somewhere today there’s a gay teenager feeling just a little bit better about himself.

Herald exclusive: Democrat says Republican could lose

In today’s episode of “Let’s Play Editor,” you receive an entirely predictable op-ed from a prominent Democratic political consultant who writes that Republican Sen. Scott Brown could lose in 2012. What do you do?

  1. Write a polite rejection letter to the consultant and hope it won’t affect his willingness to return your calls.
  2. Curry favor with the consultant by publishing his piece on the op-ed page, secure in the knowledge that no one will read it.
  3. Blast the piece all over the front page, label it an “exclusive” and slap a headline on it pronouncing Brown to be “THE NEXT COAKLEY.”

If you’re Herald editor Joe Sciacca, then the answer is #3. Although Rubin’s affiliation is disclosed, today’s front page will make me pause the next time I criticize the tabloid for allowing Republican operative Howie Carr to rip Democrats.

Howie Carr’s big, fat Christmas coming-out

Media Nation has been on hiatus, so I missed Howie Carr’s encounter with liposuction, which took up nearly all of the Boston Herald’s front page this past Sunday. Ralph Ranalli has all the details. The late Jack Cole would have known exactly what to call this: “alleged news.” Pathetic.

Howie Carr writes checks, too

I’m late with this, but I want to point out that Adam Gaffin of Universal Hub recently reported that Boston Herald columnist Howie Carr donated $100 to Royall Switzler, an unsuccessful Republican candidate for state representative in his hometown of Wellesley.

Back in the day, Switzler was a legislative firebrand. But his political career came to a halt after he was caught exaggerating his military record while he was running for governor in 1986.

Carr, of course, is already hopelessly compromised because of his various speaking appearances on behalf of Republicans. Just click here.

Over at the liberal blog Blue Mass. Group, people are talking about Carr’s latest line-crossing in light of Keith Olbermann’s suspension and subsequent apology.

Not to repeat what I’ve said previously, but Carr’s activism on behalf of the Republican Party is not at all unusual for a radio talk-show host, which is why I stress his Herald connection. It is very unusual for a news columnist — especially one who, like Carr, still calls Democratic politicians for comment and snickers when they decline to call him back.

Joe Sciacca speaks

Gabrielle Gurley of CommonWealth Magazine interviews Boston Herald editor Joe Sciacca, my former “Beat the Press” colleague. Sciacca moved up to the Herald’s top job in August, after Kevin Convey left for the Daily News of New York.

It’s a good read, beginning with Sciacca’s take on his paper’s feud with U.S. Rep. Barney Frank. “It’s not unusual for a politician who has been a subject of tough reporting to lash out at the messenger and I think that’s what happened in this case,” Sciacca tells Gurley. “But I think we’ve been fair in our coverage of Congressman Frank and I think we will continue to be so.”

Sciacca also says that “anybody is hipper than me,” which is a relief, as it makes me no worse than number two in the local least-hip sweepstakes.

Two questions about Howie Carr’s latest

Two questions about Howie Carr’s column in today’s Boston Herald:

1. Now that everyone knows he’s an actual Republican operative, and not just a Republican-leaning pundit, why is he even allowed to call Democrats and pretend that he’s entitled to a response?

2. Carr has always had a vicious cruel streak, which undermines his considerable talent. But back in his heyday — oh, 25 years ago — did he go so far as to make reference to someone’s “worthless younger brother” and “worthless son”?

Maybe he did. But it wasn’t as noticeable because the rest of his columns were more readable back then.

Reflecting on the latest circulation figures

In Japan, advertising accounts for just 35 percent of newspaper revenue. In Britain, it’s 50 percent. And in the United States, ads have traditionally amounted to a whopping 87 percent of newspaper income. That’s why it can truly be said that, in the U.S., newspapers have always given away the news, charging only for paper and delivery.

These days we pay for computers and broadband access while getting the news for free — same as it ever was. That is among the most important explanations for why news organizations are going to have a difficult time persuading more than a handful of readers to pay for online access. I wish them well. But the challenge is enormous.

One thing some readers will continue to pay for is the convenience of print. (Spare me your nostalgia for the romance of print. Print persists for one reason: it’s still more ergonomically friendly than any electronic version. Someday that will change.)

After yesterday’s newspaper circulation figures were released, showing a continued but slowing decline in print sales industry-wide, Boston Globe publisher Chris Mayer issued a memo — a copy of which was obtained by Media Nation — attributing the Globe’s continued slide to last year’s decision to raise the price to as much as the market would bear. (Here is the Boston Herald’s take.)

The idea is that there’s a sweet spot. Up to a point, you can raise prices and make more money, even if the total number of print readers declines. Somewhere, though, there’s a top to the curve, and the challenge is to find the top and not raise prices so much that revenues start to fall. The result, unfortunately, is that you end up with a niche product for an elite readership. But it’s either that or die.

And here’s a good piece of news. There’s also a sizable subset of readers who will pay for electronic editions like Times Reader and GlobeReader, which are cheaper than print but more convenient than newspaper websites that keep you chained to your desk. Given that iPad editions have barely kicked into gear, that’s a promising sign.

The full text of Mayer’s memo follows.

Dear Colleagues,

Earlier today the Audit Bureau of Circulations issued their Fas-Fax report for the six months ending September 30th. The Globe has shown year-over-year declines in line with our expectations, as a result of our circulation and pricing strategy instituted last summer.

The good news is the rate of circulation decline has slowed as we cycle through the impact of the price increases. One indicator is the comparison between September’s report and March’s report. Viewed this way, the declines are 2.8% for Sunday and 4.2% for daily. These are encouraging trends for our business and in line with others in our industry.

The past few months has also seen continued excellence in our reporting and positive contributions to the community. Our Spotlight Team investigation of patronage in the state’s probation department; our sensitive series of stories on bullying; the amazing coverage of the Amy Bishop case; coverage of the earthquake and aftermath in Haiti and its impact in Boston; and our current coverage of the political races are just a few examples of the important journalism we’re delivering.

The Globe’s circulation, now at 368,000 on Sunday and 223,000 daily, still makes us the largest newspaper in New England by a wide margin. The year-over-year decreases of about 15.7% on Sunday and 12.0% daily were expected and budgeted.  To offer some context, we raised prices last summer in most areas by 30% to 50% to grow circulation revenue and stabilize the business.

Of course, circulation numbers are not the end of the story. Print and online media work in concert with one another to build audience. It should be noted then that in terms of readership, during an average week, the Sunday Globe, the daily Globe and Boston.com together will reach 51% of all adults in the metro Boston area.  It will also be reported in Monday’s Fas-Fax that Boston.com’s local audience grew by 2.9 %.

The recently announced two-brand digital strategy is now officially under way and we are developing launch plans for our new subscription-based Web site BostonGlobe.com, and the next generation Boston.com. And, watch forperiodic launches of digital products in the upcoming months.

So, as we look ahead we will continue to execute on our strategy, building on the strong foundation of quality journalism, original content, broad audience reach, higher reader engagement, advertising effectiveness, and strong connection with the community that is reflected by, and results in, our more than 50% of the market.

We can all share a sense of optimism and purpose as we focus on our future success.

— Chris

Photo via Wikimedia Commons.