On Greenwald, Kinsley is both right and wrong

Michael Kinsley
Michael Kinsley

A few thoughts about Michael Kinsley’s much-criticized New York Times review of Glenn Greenwald’s book “No Place to Hide,” an account of his role in the Edward Snowden leaks.

Kinsley is technically correct in asserting that the government has — and should have — the final word when it comes to deciding whether secret information should be made public. Thus I part company with the likes of Gawker’s Hamilton Nolan, who, in a post headlined “Michael Kinsley Comes Out Against Journalism,” fulminates: “Michael Kinsley does not believe that a free press should be allowed to [expose official secrets]. He believes that the decision to tell government secrets ‘must ultimately be made by the government.'”

It’s Nolan’s “should be allowed” that bears scrutiny. In fact, the Supreme Court has made it clear that the government may act to prevent secrets from being revealed if those revelations would cause a serious breach of national security. Here is how the Court put it in the 1931 case of Near v. Minnesota:

No one would question but that a government might prevent actual obstruction to its recruiting service or the publication of the sailing dates of transports or the number and location of troops.

The government may also prosecute both leakers and journalists post-publication, as a majority of the Court all but invited the Nixon administration to do in the Pentagon Papers case — and as Harvey Silverglate explains in this 2006 Boston Phoenix essay.

If you think about it, how could it be otherwise? It’s so easy to conjure up scenarios involving nuclear weapons, terrorism and the like under which censorship and prosecution would be justified that it’s not even worth the effort to spell them out (although Chief Justice Charles Evans Hughes tried to do just that in Near).

But I emphatically part company with Kinsley over his sneering, dismissive tone, and his shocking failure to understand the role of a free press (or even a press that’s not quite as free as Hamilton Nolan imagines) in a democratic society. Because if the ultimate authority rests with the government, there are nevertheless times when leakers, individual journalists and the institutional press must stand up to the government and risk its wrath in order to serve the public interest. That’s what The New York Times and The Washington Post did in publishing the Pentagon Papers, the government’s own secret history of the Vietnam War.

And I would argue that that’s what Snowden, Greenwald, Barton Gellman (curiously absent from Special Agent Kinsley’s arrest warrant), The Guardian and The Washington Post did in exposing the NSA’s practices.

I wrote more about the legal background for The Huffington Post last June.

Photo (cc) by the Aspen Institute and published under a Creative Commons license. Some rights reserved.

Peter Kadzis named senior editor of WGBH News

Great news from my other employer, WGBH: My friend Peter Kadzis has been named senior editor of WGBH News. Kadzis will be in charge of building up the site’s news and commentary. I can’t think of anyone more qualified.

Peter is the former editor of The Boston Phoenix and the former executive editor of the Phoenix Media/Communications Group. It was he who took a chance by naming me the Phoenix’s media columnist in 1994, a beat I’ve been working in one capacity or another ever since. He’s been working part-time at WGBH since the Phoenix went out of business last March.

The following is an announcement to the WGBH staff from Linda Polach, executive managing editor of WGBH News.

Peter Kadzis
Peter Kadzis

I am very pleased to announce that Peter Kadzis will be our new senior editor of WGBHNews.org. He will be working closely with [web producers] Abbie [Ruzicka] and Brendan [Lynch] to oversee all facets of our website and ensure it becomes an integral part of our overall news mission.

For months, digital content editor Mac Slocum and I searched for the right candidate for this position: a strong news person with a good understanding of the web. Eventually, we realized someone in our own newsroom had those qualities and much more.

Peter has already proved to be a valuable asset to our newsroom. We’ve all come to benefit from his experience, institutional history, rolodex and engaging personality. It made sense to expand the web position to match Peter’s extensive news management background and we believe the role of growing the website is one for which Peter is well suited.

We all know Peter as the former executive editor of the Boston Phoenix. But he was also in charge of the operations, budget and personnel for all publications of the Phoenix Media Group, including the weekly papers in Providence and Portland. He was responsible for the papers’ respective websites and he was the liaison for the group’s three radio stations. During his extensive news career, he was editor of both the Boston Business Journal and Providence Business News and he has written for Forbes, the New York Daily News, the Providence Journal and the Boston Globe. I could go on and on.

In this new role, Peter will be one of the leaders of our newsroom. He will work closely with [managing director] Phil [Redo], [managing director of news] Ted [Canova] and I on setting our news agenda and making sure we properly execute the WGBH news vision.

To say Peter is excited by the challenges ahead is an understatement and we’ve already starting talking about ways to take our website to the next level.

In addition to being smart, funny and extremely knowledgeable about our community, Peter is just an all around nice guy. Please congratulate him and do what you can to make his transition smooth.

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.

Hartford Courant to absorb last vestiges of Advocate alt-weeklies

cover_image_3_330_410_88_sha-40Long before I decided to write a book about the New Haven Independent, I knew who Paul Bass was. The New Haven Advocate, like The Boston Phoenix, was one of the crown jewels in the world of alternative weeklies. Bass, who spent much of his long stint at the Advocate as its chief political columnist, was something of a legend in that world.

The first time we met, in 2009, he told me he had decided to launch the Independent, an online-only nonprofit news site, in part because he was unhappy with what had happened to the Advocate under the ownership of the Hartford Courant and its various corporate overlords. (I wrote about the sale of the Advocate papers for the Phoenix in 1999.)

This week, about eight months after The Boston Phoenix died (survived by its sister papers in Portland and Providence), the Advocate breathed its last. In this case, there isn’t even a body to mourn, as the Courant absorbed the Advocate into a weekly supplement called CTNow. The Hartford Advocate and the Fairfield County Weekly are being subsumed into CTNow as well, according to this account by blogger and former Advocate writer Brian LaRue.

Bass has written a heartfelt tribute to the Advocate and what it meant to New Haven — and to him. Among other things, he gets at something I’ve been thinking about: whether community news sites like the Independent are, in a sense, the new alt-weeklies — not as opinionated, not as profane, not nearly as far to the left, but nevertheless representing a type of journalism that is engaged with the community in a way that few daily newspapers are.

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.

Hold the uplift, and make that shower extra hot

9780399161308_custom-4ec8d3a4e862d4dbc42dedad106a97aecb8dda44-s2-c85Earlier this month my wife and I were watching the news when Patrick Leahy came on to talk about something or other — I don’t remember what.

Leahy, 73, has been a Democratic senator from Vermont for nearly four decades. Normally that stirs up feelings that, you know, maybe it’s time for the old man to go back to the dairy farm and watch his grandchildren milk the cows.

But I had been reading Mark Leibovich’s “This Town.” And so I felt a tiny measure of admiration for Leahy stirring up inside me. He hadn’t cashed in. (His net worth — somewhere between $49,000 and $210,000 — makes him among the poorer members of the Senate, according to the Center for Responsive Politics.) He hasn’t become a lobbyist. He apparently intends to die with his boots on.

That amounts to honor of a sort in the vomitrocious Washington that Leibovich describes in revolting detail — a town of sellouts and suckups (“Suckup City” was one of his working titles), a place where the nation’s business isn’t just subordinate to the culture of money and access, but is, at best, an afterthought.

If you plan to review a book, you shouldn’t “read” the audio version. I have no notes, no dog-eared pages to refer to. So consider this not a review so much as a few disjointed impressions of “This Town,” subtitled “Two Parties and a Funeral — Plus, Plenty of Valet Parking! — in America’s Gilded Capital.”

Mark is an old acquaintance. He and I worked together for a couple of years at The Boston Phoenix in the early 1990s before he moved on to the San Jose Mercury News, The Washington Post and, finally, The New York Times. (Other former Phoenicians who’ve reviewed “This Town”: Peter Kadzis in The Providence Phoenix and Marjorie Arons-Barron for her blog.)

There are many good things I could say about Mark and “This Town,” but I’ll start with this: I have never known anyone who worked harder to improve. It was not unusual for me to leave the Phoenix in the evening while Mark was working on an article — and to come back the next morning to find him still at it. The result of all that labor is a finely honed sense of craft that most of us can only aspire to.

As virtually every reviewer has pointed out, “This Town” begins with a masterful description of the funeral service for “Meet the Press” impresario Tim Russert, an ostensibly mournful occasion that provided the media and political classes in Washington with an opportunity to carry out the real business of their community: talking about themselves and checking their place in the pecking order.

There are so many loathsome characters in “This Town” that you’d need an index to keep track of them all. And Leibovich puckishly refused to provide one, though The Washington Post published an unofficial index here. For my money, though, the lowest of the low are former senator Evan Bayh and former congressman Dick Gephardt — Democrats who left office but stayed in Washington to become highly paid lobbyists. Bayh, with his unctuously insincere laments over how broken Washington had become, and Gephardt, who quickly sold out every pro-labor position he had ever held, rise above (or descend below) a common streetwalker like Chris Dodd, who flirted not very convincingly with becoming an entrepreneur before entering the warm embrace of the film industry.

Also: If you have never heard of Tammy Haddad, Leibovich will remove your innocence. You will be sadder but wiser.

Because Mark is such a fine writer, he operates with a scalpel; those of us who have only a baseball bat to work with can only stand back in awe at the way he carves up his subjects. Still, I found myself occasionally wishing he’d grab his bat and do to some of these scum-sucking leeches what David Ortiz did to that dugout phone in Baltimore.

Mike Allen of Politico, for instance, comes off as an oddly sympathetic character despite the damage he and his news organization have done to democracy with their focus on politics as a sport and their elevation of trivia and gossip. (To be sure, Leibovich describes that damage in great detail.) I could be wrong, but it seems to me that that Mark was tougher on Allen in a profile for the Times Magazine a few years ago.

Thus I was immensely pleased to hear Mark (or, rather, narrator Joe Barrett) administer an old-fashioned thrashing to Sidney Blumenthal. It seems that Blumenthal, yet another former Phoenix reporter, had lodged a bogus plagiarism complaint against Mark because Blumenthal had written a play several decades ago called “This Town,” which, inconveniently for Sid Vicious, no one had ever heard of. More, please.

I also found myself wondering what Leibovich makes of the Tea Party and the Republican Party’s ever-rightward drift into crazyland. The Washington of “This Town” is rather familiar, if rarely so-well described. The corruption is all-pervasive and bipartisan, defined by the unlikely (but not really) partnership of the despicable Republican operative Haley Barbour and the equally despicable Democratic fundraiser Terry McAuliffe.

No doubt such relationships remain an important part of Washington. But it seems to me that people like Rand Paul, Ted Cruz and their ilk — for instance, the crazies now talking about impeaching President Obama — don’t really fit into that world. And, increasingly, they’re calling the shots, making the sort of Old Guard Republicans Leibovich writes about (Republicans like John Boehner and Mitch McConnell, for instance) all but irrelevant.

But that’s a quibble, and it would have shifted Mark away from what he does best: writing finely honed character studies of people who have very little character. “This Town” is an excellent book that says much about why we hate Washington — and why we’re right to keep on doing so. Hold the uplift. And make sure the shower you’ll need after reading it is extra hot.

Juliette Kayyem and the view from 2001

220px-JKayyem_headshot
Juliette Kayyem

Terrorism expert Juliette Kayyem, a former federal and state official and former Boston Globe columnist, may run is running for governor in 2014. In late 2001 I wrote a brief profile of her for The Boston Phoenix. Yes, it’s a little gushy — it was for our “Best” issue, and Kayyem was one of our designated “Local Heroes.”

But read this and weep:

Her biggest worry about the Bush administration’s approach is that, by tilting its priorities toward security rather than liberty, it is sending a negative message to the moderate Arab countries that are part of the fragile anti-terrorism coalition.

If Kayyem could give the administration one piece of advice, it would be to drop the “war” metaphor. With September 11 behind us, the pursuit of Al Qaeda well under way, and the anthrax attacks now believed to be the work of a domestic Unabomber type, the worst of it may already be over — yet the use of the word “war” justifies anti-liberty policies that serve no purpose in rooting out terrorism.

Kayyem is a smart, serious person, and in an uninspiring field, she could surprise people.

Photo via Wikipedia.

Where are they now? (Boston Phoenix edition)

Jim Romenesko has posted an update on what happened to Boston Phoenix staff members who lost their jobs when the alt-weekly — a glossy magazine known simply as The Phoenix in its final incarnation — went out of business last March.

phoenixhedIt’s heartening to see how many of my former colleagues landed on their feet, although it would be good to see more of them find full-time media jobs. Among those who did: Carly Carioli, the editor of The Phoenix, and who’s now the executive editor (the number two position) at Boston magazine following a cup of coffee at Boston.com.

Also working full-time at BoMag is S.I. Rosenbaum; political reporter David Bernstein is a contributor there and to WGBH as well. Former editor Peter Kadzis is working part-time at WGBH, and was instrumental in bringing the Boston leg of the Muzzle Awards to WGBHNews.org earlier this summer.

Anyway, not to repeat Romenesko’s entire item. It’s well worth a look. Romenesko is also updating it as new information about ex-Phoenicians becomes available.

Get ready for the 16th Annual Muzzle Awards

When The Boston Phoenix ceased publication in March, I started casting about for a new home for the Muzzle Awards — an annual Fourth of July round-up of outrages against free speech in New England that I began writing in 1998.

On Tuesday we made it official — the 16th Annual Muzzle Awards will be published on Thursday by WGBH News. I talked about the Muzzles on “Boston Public Radio” with Jim Braude and Margery Eagan. We gave a sneak preview of some of the “winners,” including U.S. Attorney Carmen Ortiz, Boston Police Commissioner Ed Davis and Maine Gov. Paul LePage.

The Muzzles will also be published in The Providence Phoenix and The Portland Phoenix, which are still alive and well.

I think WGBHNews.org will prove to be a good home base for the Muzzles. Boston civil-liberties lawyer Harvey Silverglate, who came up with the idea all those years ago, is continuing with his Campus Muzzles. Former Phoenix editor Peter Kadzis, who’s now at WGBH, was instrumental in bringing the Muzzles to the station and expertly edited them. Also playing key roles were Phil Redo, managing director of WGBH’s radio operations; Linda Polach, executive producer of “Greater Boston” and “Beat the Press”; and Abbie Ruzicka, an associate producer who handled Web production duties.

Like a phoenix rising from the ashes …