Ex-Phoenician David Bernstein’s big Menino win

Tom Menino in 2008

My former Boston Phoenix colleague David Bernstein, now looking for work, scored a big win on Wednesday, reporting before anyone that Mayor Tom Menino would not seek re-election. With the Phoenix now history, Bernstein posted the news on his blog — first as rumor, later as confirmed fact.

Given that Menino gave major interviews Wednesday to the Boston Globe and the Boston Herald, it strikes me as exceedingly likely that a media embargo was in place — and I received additional, direct confirmation of that this morning. Which just goes to show the futility of embargoes in the Internet age. Good for Bernstein for operating outside the system, even if it’s not by his own choice. News organizations might consider rethinking their participation in such attempts at media manipulation.

Both the Globe and the Herald offer excellent coverage of the Menino era today. And how about Globe editor Brian McGrory jumping back into the fray by interviewing Menino and writing a column? McGrory was the Globe’s signature voice for years. Returning to the trenches for one day was a smart move.

More: Andrew Beaujon of Poynter has a nice Storify on how Bernstein’s scoop played out on Twitter.

Photo (cc) by Dan4th Nicholas and published under a Creative Commons license. Some rights reserved.

How the decline of community helped kill the Phoenix

For the Boston Phoenix, the decline lasted years — but the end came swiftly.

Last Thursday afternoon a local journalist called to ask if I’d heard rumors that the 47-year-old alt-weekly was about to go under. I hadn’t. Within an hour, Boston.com was reporting that the Phoenix would cease publication immediately. One more issue — online only — will be posted this week. After that, the Phoenix, my professional home for 14 years and an important part of my life since the 1970s, will go dark.

Read the rest at PBS MediaShift.

The Boston Phoenix comes to the end of the road

I’m not even going to try to write a real post about this today. I’m getting bombarded from all directions, and besides that, I’m devastated. But I did want to note quickly, in case you haven’t heard, that The Phoenix — the erstwhile Boston Phoenix, reinvented as a glossy magazine last fall — is closing down, as is its affiliated Internet radio station, WFNX.com.

The Providence and Portland Phoenixes will continue, as well as a few non-journalism businesses.

Here is Doug Most’s report for Boston.com. [5:07 p.m. update: That report now carries Joe Kahn’s byline.]

The Phoenix gave me 14 great years, and it’s hard to believe that the end has come. There are way too many people to mention, so I’ll leave it at this: Peter Kadzis and Stephen Mindich were great bosses, smart, tough and loyal. Carly Carioli has done tremendous work on the reinvention, and it’s a tragedy that he ran out of time. I rely on David Bernstein for his deep reporting on politics and Chris Faraone for an alternative look at the news. Here is Mindich in a statement to the staff:

What I can and will say is I am extremely proud, as all of you should be, of the highest standards of journalism we have set and maintained throughout the decades in all of our areas of coverage and the important role we have played in driving political and socially progressive and responsible agendas; in covering the worlds of arts and entertainment, food and fashion – always with a critical view, while at the same time promoting their enormous importance in maintaining a healthy society; and in advocating for the recognition and acceptance of a wide range of lifestyles that are so valuable for a vibrant society….

We have had an extraordinary run.

And this is an incredibly sad day.

More: Unlike many who got their start at the Phoenix in their early 20s, I was 34 years old and thought my journalism career was over. In the late 1980s I had tried my hand at launching a regional lifestyle magazine in the suburbs northwest of Boston following some years at the Daily Times Chronicle of Woburn. The magazine failed, and I was doing what I could to survive.

I was picked up on waivers in 1991 from the Pilot — yes, the Catholic paper — where I had been doing layout and production. The Phoenix hired me as a copy editor, but I kept an eye out in case something better came along. Yes, I had grown up reading the Phoenix, Boston After Dark and the Real Paper, but any romantic notions I’d had of the alternative press had pretty much dissipated.

Gradually, though, I got sucked in. And when I inherited the media beat in late 1994 from Mark Jurkowitz, I became a made member of the Phoenix family. It was the most formative experience of my career. Without the Phoenix, I can’t imagine what I’d be doing today — PR for some politician? Ugh.

Aaron Swartz, Carmen Ortiz and the meaning of justice

Aaron Swartz in January 2012. Photo (cc) by Daniel J. Sieradski. For details, click on image.
Aaron Swartz in January 2012

An earlier version of this commentary was published on Sunday at The Huffington Post.

The suicide of Internet activist Aaron Swartz has prompted a wave of revulsion directed at U.S. Attorney Carmen Ortiz, who was seeking to put him in prison for 35 years on charges that he illegally downloaded millions of academic articles.

Swartz, 26, who helped develop the RSS standard and was a co-founder of Reddit, was “driven to the edge by what a decent society would only call bullying,” wrote his friend and lawyer Lawrence Lessig. “I get wrong,” Lessig added. “But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you.”

By Monday morning, more than 11,000 people had signed an online petition asking President Obama to remove Ortiz. Swartz’s family released a statement that said in part: “Aaron’s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach.”

Ortiz’s vindictiveness toward Swartz may have seemed shocking given that even the victim of Swartz’s alleged offense — the academic publisher JSTOR — did not wish to press charges. But it was no surprise to those of us who have been observing Ortiz’s official conduct as the top federal prosecutor in Boston.

Last July I singled out Ortiz as the lead villain in the 2012 Muzzle Awards, an annual feature I’ve been writing for the Phoenix newspapers of Boston, Providence and Portland since 1998. The reason: her prosecution of Tarek Mehanna, a Boston-area pharmacist who had acted as a propagandist for Al Qaeda.

Mehanna was sentenced to prison for 17 years — not because of what he did, but because of what he said, wrote and translated. Though Mehanna had once unsuccessfully sought training at a jihadi terrorist camp in Yemen, the government’s case was based almost entirely on activities that were, or should have been, protected by the First Amendment.

Make no mistake: Mehanna’s propaganda was “brutal, disgusting and unambiguously supportive of Islamic insurgencies in Iraq, Afghanistan and Somalia,” Yale political scientist Andrew March wrote in The New York Times. But as March, the ACLU and others pointed out in defense of Mehanna, the more loathsome the speech, the more it deserves protection under the Constitution.

In addition to the prosecution of Tarek Mehanna and the persecution of Aaron Swartz, there is the matter of Sal DiMasi, a former speaker of the Massachusetts House who is now serving time in federal prison on political corruption charges brought by Ortiz.

Last June DiMasi revealed he had advanced tongue cancer — and he accused federal prison authorities of ignoring his pleas for medical care while he was shuttled back and forth to Boston so that he could be questioned about a patronage scandal Ortiz’s office was investigating. It would be a stretch to connect Ortiz directly with DiMasi’s health woes. She is, nevertheless, a key player in a system that could transform DiMasi’s prison sentence into a death sentence.

Notwithstanding the anger that has been unleashed at Ortiz following Aaron Swartz’s death, she should not be regarded as an anomaly. As the noted civil-liberties lawyer Harvey Silverglate pointed out in his 2009 book, “Three Felonies a Day: How the Feds Target the Innocent,” federal prosecutors have been given vague, broad powers that have led to outrages against justice across the country.

“Wrongful prosecution of innocent conduct that is twisted into a felony charge has wrecked many an innocent life and career,” wrote Silverglate, a friend and occasional collaborator. “Whole families have been devastated, as have myriad relationships and entire companies.”

Ortiz may now find that her willingness to use those vast powers against Swartz could have a harmful effect on her future.

As a Latina and as a tough law-and-order Democrat, she has been seen as a hot political property in Massachusetts. In 2011 The Boston Globe Magazine named her its “Bostonian of the Year.” She recently told the Boston Herald she was not interested in running for either the U.S. Senate or governor. But that doesn’t mean she couldn’t be persuaded. Now, though, she may be regarded as damaged goods.

Those who are mourning the death of Aaron Swartz should keep in mind that he had long struggled with depression. Blaming his suicide on Carmen Ortiz is unfair.

Nevertheless, the case she was pursuing against Swartz was wildly disproportionate, and illustrated much that is wrong with our system of justice. Nothing good can come from his death. But at the very least it should prompt consideration of why such brutality has become a routine part of the American system of justice.

Update: MIT, where Swartz allegedly downloaded the JSTOR articles, has announced an internal investigation, reports Evan Allen of The Boston Globe. Lauren Landry of BostInno has statements from MIT president Rafael Reif and from JSTOR.

Photo (cc) by Daniel J. Sieradski via Wikimedia Commons and published here under a Creative Commons license. Some rights reserved.

WTKK and the ongoing collapse of corporate radio

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This commentary was previously published by the Huffington Post.

Update: I’ll be on New England Cable News on Friday at 7:15 a.m. to talk about WTKK and the future of radio.

At 10 a.m. on Wednesday, Jim Braude and Margery Eagan signed off for the last time from the morning talk show they had hosted on Boston’s WTKK Radio (96.9 FM). A few minutes later, the station reemerged as Power 96.9, a faceless entity blasting out robo-music of some sort. And Boston found itself with just one full-time talk radio station. (The station was quickly redubbed Nova 96.9, apparently because of this.)

The demise of WTKK has been portrayed as another nail in the coffin of right-wing talk radio. The estimable D.R. Tucker calls it part of “a downward spiral for a key element of the conservative entertainment complex.” And, yes, that’s surely part of it.

But what we are really seeing is the demise of commercial radio in general, as corporate owners (Greater Media in WTKK’s case) attempt to squeeze the last few nickels of profit out of a medium that may be in its final stage of collapse.

By the end, WTKK wasn’t even a right-wing talk station. Braude, a liberal, and Eagan, a moderate, hosted a civil show that was more about entertainment than politics. Moderate politics and humor were the rule during midday. The only right-winger was afternoon host Michael Graham, whose idea of a good time was to make fun of people with dwarfism.

It was a far cry from the days when WTKK’s signature host, Jay Severin, would call Al Gore “Al Whore” and refer to Hillary Clinton as “a socialist” and “a pig.” Then again, Severin himself was long gone, having made the mistake of joking about sex with interns at a moment when his ratings were falling.

During the 1970s, ’80s and ’90s, Boston was a terrific town for talk radio, the home of pioneers such as David Brudnoy, Jerry Williams and Gene Burns, among others. Yes, they leaned right, but their approach was intelligent and respectful (OK, Williams often wasn’t respectful), and they were immersed in the local scene in a way that few talk-show hosts are these days.

So now we are left with one full-time talk station, WRKO (AM 680), home to right-wingers Rush Limbaugh and Howie Carr, a local legend whose shtick descended into bitter self-parody years ago. (Limbaugh’s syndicated show recently moved back to WRKO from a weak AM station owned by Clear Channel.) It certainly hasn’t helped either WTKK or WRKO that their ratings pale in comparison to two full-time sports stations — a phenomenon that didn’t exist during the heyday of local talk.

The only bright light is Dan Rea, who helms a very conservative evening program on all-news station WBZ (AM 1030). Rea, a former television reporter, eschews the shouting and demeaning putdowns in favor of smart conversation.

What happened to talk radio in Boston? I would point to three factors. And I would suggest that none of these are unique to our part of the country. Boston may be on the leading edge, but these same trends could sweep away talk elsewhere, too.

Corporate consolidation. Since the passage of the lamentable Telecommunications Act of 1996, corporations have been buying up radio stations in market after market, transforming what was once a strictly local affair into a bottom-line-obsessed business.

As far back as 1997 I wrote in the Boston Phoenix that the rise of chain ownership would eventually kill local talk. We are now seeing that come to fruition. The automated music stations that are on the rise may not garner many listeners. But they are cheap, which means that their owners can bleed some profits out of them regardless.

“In our current media environment, corporate owners seem to have less tolerance for the station that is unusual, the station with the niche audience,” media scholar and radio consultant Donna Halper wrote for Media Nation earlier this year. “Part of what makes radio unique as a mass medium is its ability to befriend the listener. So losing a favorite station is much like losing a friend.”

The rise of public radio. Boston is home to an exceptionally vibrant public radio scene. Two stations with strong signals — WBUR (90.9 FM) and WGBH (89.7 FM) — broadcast news, public-affairs programming and (yes) talk all day and night, and enjoy some of the largest audiences in the Boston area. (Disclosure #1: I’m a paid contributor to WGBH’s television station, Channel 2.) Other, smaller public stations broadcast far more eclectic musical offerings than anything on commercial radio.

This trend is related to corporate consolidation, as it was the slide in quality on the for-profit side that sent many listeners fleeing to nonprofit radio. If anything, that trend will accelerate.

Technological change. Earlier this year The Phoenix sold the FM signal for its independent rock station, WFNX, to Clear Channel — but kept streaming online. The Boston Globe, meanwhile, hired a few of the people who were laid off when WFNX left the air and now streams its own indie rock station, RadioBDC. All of a sudden, we’ve got a war between two local music stations, neither one of which can be heard over the air. (Disclosure #2: I’m an occasional contributor to The Phoenix.)

These days it’s not difficult to stream Internet radio in your car, which is where most radio listening takes place. Pandora, Spotify and out-of-town music stations (WWOZ of New Orleans is a favorite of mine) are powerful draws, which gives the local flavor of online stations like RadioBDC and WFNX a considerable edge over computer-programmed corporate radio — or, for that matter, subscription-based satellite radio.

It is this last development that gives me reason for optimism. Radio has always been held back by the physical limits of the broadcast spectrum. In a world in which those limits don’t exist, “radio” stations must compete on the strength of their programming rather than their stranglehold on the AM and FM dials.

Seen in that light, the end of WTKK is just another step on the road toward what may be a brighter, more diverse radio future.

Media Nation’s top 10 posts of 2012

be02f758328311e2b55612313804a1b1_7Work-force reductions at The Boston Globe. The end of WFNX as an over-the-air radio station. “Local” news from the Philippines. Possible bankruptcy at GateHouse Media.

These were a few of the top 10 Media Nation posts of 2012 as determined by Google Analytics and WordPress’ own internal statistics.

Most people who read Media Nation come in via the home page, which means that any notion of a “top 10” is dubious. Usually it means that a particular post got retweeted a lot on Twitter or was linked to by a popular media website such as JimRomenesko.com.

But the list isn’t entirely without meaning — and one takeaway for me is that Media Nation’s role as an aggregator and a curator may be its most important. I’ll keep that in mind in the year ahead.

Here is my top 10 for 2012.

1. The Boston Globe keeps on shrinking (July 23). Despite some encouraging signs in the form of rising digital-subscription numbers and a continued commitment to first-rate journalism, The Boston Globe, like nearly all daily newspapers, continues to struggle financially. Last summer Media Nation obtained a memo from Globe publisher Christopher Mayer announcing another wave of downsizing at the Globe and its sister paper, the Telegram & Gazette of Worcester.

2. Donna Halper on the future of radio (May 17). Friend of Media Nation Donna Halper was kind enough to write a guest commentary, and her post turned out to be the second most popular of 2012. Halper wrote following an announcement by the Phoenix Media/Communications Group that it would sell WFNX’s broadcast frequency, 101.7 FM, to Clear Channel. Fortunately for local music fans, by the end of 2012 WFNX and the Globe’s RadioBDC were engaged in a spirited competition of online-only local music stations — the real future of radio.

3. Long-distance “local” journalism (July 5). The public radio program “This American Life” and the journalist Anna Tarkov reported extensively on Journatic, which helps community newspapers cuts costs by outsourcing some of their local coverage. At its worst, news was being compiled by underpaid Filipino workers writing under fake bylines. Dubbed “pink slime” journalism by one former practitioner, Journatic underscored what debt-ridden corporate chains will do to survive — and thus demonstrated the importance of independent local journalism.

4. And Joe Scarborough thinks “Morning Joe” is awesome (Jan. 1). A full-page ad in The New York Times for the wretched MSNBC program “Morning Joe” started the gears whirring when I noticed one of its celebrity endorsers was Tom Brokaw. Who, uh, appears on “Morning Joe.” I got to work, and soon found that Politico, which was quoted as praising the program, had an undisclosed partnership. The ad even stooped to using seemingly positive quotes from two reviewers who actually didn’t like it much at all. Disingenuous, to say the least.

5. More bad news for GateHouse Media (March 19). By now it’s not exactly news when executives at GateHouse Media, struggling with $1.2 billion in debt, pay themselves handsome bonuses. (Nor is that unusual at newspaper companies.) In 2012, though, there was a wrinkle at the chain, which owns some 100 community newspapers in Eastern Massachusetts. Jack Sullivan of CommonWealth Magazine paged through the company’s financial disclosures and discovered that officials were openly raising the possibility of a bankruptcy filing.

6. David Gregory debates himself (Oct. 1). The host of “Meet the Press” was brought in to moderate the second televised debate between Republican Sen. Scott Brown and his Democratic opponent, Elizabeth Warren. Unfortunately, it was all about David Gregory. Good thing the candidates were forced to weigh in on whether Bobby Valentine deserved a second year as Red Sox manager. Warren blew the question but won the election.

7. From Newtown, a plea for media restraint (Dec. 17). I republished an open letter from John Voket, associate editor of The Newtown Bee, to his colleagues at the New England Newspaper & Press Association following the massacre at Sandy Hook Elementary School. Voket wrote about “reporters and media crews invading the yards and space of grieving survivors, school staff and responders,” and asked editors “to remind your correspondents that most are still requesting to be left alone.” A heartfelt message from ground zero.

8. Calling foul on politicians who lie (Aug. 30). It would be hard to come up with a more falsehood-laden performance than U.S. Rep. Paul Ryan’s speech at the Republican National Convention. Ryan’s lies prompted me to wonder how far the balance-obsessed media would be willing to go in labeling them for what they were.

9. At CNN, getting it first and getting it wrong (June 28). My instant reaction to CNN’s false report that the U.S. Supreme Court had overturned the individual mandate in the Affordable Care Act. At least CNN executives flogged themselves in the public square. As we later learned, Fox News made the same mistake — and refused to apologize.

10. An unconscionable vote against the disabled (Dec. 5). My reaction to Senate Republicans’ rejection of a United Nations treaty on the rights of the disabled — a treaty modeled after the Americans with Disabilities Act, championed by President George H.W. Bush, a Republican.

Ghosts of 2011. Oddly enough, the single most popular post of 2012 was one I wrote in 2011 — a fairly terse item on Jay Severin’s return to the Boston airwaves, a comeback that proved to be brief. As I wrote last year, I’ve put up several Severin posts that have generated huge traffic, and I have no idea why.

The MacDonald case, journalism and the truth

http://www.bookforum.com/uploads/publication.000/id19920/cover00.jpgProsecutors, a judge, and a jury put Jeffrey MacDonald behind bars more than three decades ago for the murder of his pregnant wife and two young daughters. But according to Errol Morris, he’s been kept there by the power of narrative. “You can escape from prison, but how do you escape from a convincing story?” asks Morris in his new book, “A Wilderness of Error” …

Read the rest of my review in the new issue of Bookforum.

You can also read my article on an earlier book about the MacDonald case, Jerry Allen Potter and Fred Bost’s “Fatal Justice,” which appeared in the Boston Phoenix on April 7, 1995.

A smart take on the glossified (Boston) Phoenix

I continue to be surprised at the amount of attention The Phoenix has received for its switch from newsprint to glossy paper. The latest to weigh in is Boston magazine, with a smart piece by Peter Vigneron on the alt-weekly’s struggle to survive in a dramatically changed media environment. (Among the many people Vigneron interviews is yours truly.)

The best quote is from editor Carly Carioli, who tells Vigneron: “We have said for decades that we are a magazine in newsprint form. Now we’re a magazine in magazine form.” Truth. Nice plug, too, for David Bernstein, whom Vigneron calls “a fine political writer, perhaps the best in the state.”

I only have one quibble. At one point Vigneron asks, “But can you save a publication that for many years has been neither lucrative nor especially relevant?”

As Vigneron himself notes, circulation remains north of 100,000. Like all publications, The Phoenix is fighting for its life. But a newspaper/magazine that’s picked up by more than 100,000 people each week is not irrelevant.

On another front entirely, artist Karl Stevens announced in a public Facebook post Monday that The Phoenix has canceled his weekly cartoon, “Failure,” allegedly over his mocking of Bud Light, an advertiser. I hope the cancellation proves temporary, and I welcome clarification and further explanation in the comments.

Disclosure: I was on staff at The Phoenix from 1991 to 2005, and remain a contributor.

Thursday update: Phoenix editor Carly Carioli tells the Boston Globe that any suggestion “Failure” was discontinued over the Bud Light reference is “categorically false,” adding: “As the Phoenix’s editor in chief, it was my sole decision to discontinue ‘Failure.’ There were no sponsor objections — zero — to this strip or any other that I’m aware of.”

Thursday update II: A very classy statement from Stevens: “After thinking it over and talking with people in the know, I may have misunderstood the reasons for the cancellation of Failure in The Boston Phoenix. I want to apologize publicly for any misinformation that was spread, and would like to continue the otherwise wonderful relationship I have enjoyed with the publication on any future projects.”