Presenting the 17th Annual New England Muzzle Awards

Muzzles logo
Click on image to read the Muzzle Awards.

U.S. Sen. Ed Markey, Rhode Island Gov. Lincoln Chafee, Massachusetts Gov. Deval Patrick and U.S. Attorney Carmen Ortiz (again) might consider running the other way when we try to present them with our coveted statuettes for dishonoring the First Amendment.

The 17th Annual New England Muzzle Awards are now online at WGBHNews.org and The Providence Phoenix. They should be up soon at The Portland Phoenix as well. This is the second year that WGBH has served as home base following 15 years at the late, great Boston Phoenix.

As always, the Muzzles are accompanied by an article on Campus Muzzles by my friend and sometime collaborator Harvey Silverglate. There are a couple of new touches this year as well: the WGBH design is responsive, which means it looks just as great on your tablet or phone as it does on your laptop; and WGBH reporter Adam Reilly, WGBHNews.org editor Peter Kadzis and I talk about the Muzzles on “The Scrum” podcast, which of course you should subscribe to immediately.

Peter, by the way, is a former editor of the Phoenix newspapers, and has now edited all 17 editions of the Muzzles.

Finally, great work by WGBH Web producers Abbie Ruzicka and Brendan Lynch, who hung in through technical glitches and my whining to make this year’s edition look fantastic.

The Boston Globe doubles down on political coverage

Capital section front

Previously published at WGBHNews.org.

The message last night was straightforward: The Boston Globe was launching a new weekly political section, Capital, in print and online.

It was the messaging, though, that really mattered. About a hundred invited guests mingled in the lobby of the historic Paramount Theatre, elegantly restored by Emerson College, helping themselves to free food and an open bar. Owner/publisher John Henry joined the minglers, working the room like one of the politicians his reporters might write about.

And if you didn’t quite get the messaging, chief executive officer Michael Sheehan and editor Brian McGrory were there helpfully to explain.

“You can’t cut your way to success. You can only grow you way to success,” Sheehan said while introducing a panel discussion. Added McGrory in his closing remarks: “We are investing in our political coverage at a time when virtually every other paper is retreating.”

If you’re a news junkie, a political junkie or both, enjoy it. The newspaper implosion that has defined the past decade may have slowed, but it hasn’t stopped.

Some 16,200 full-time newspaper jobs disappeared between 2003 and 2012, according to the American Society of News Editors. Just this week, about 20 employees — one-fourth of editorial staff members — were let go by the Telegram & Gazette of Worcester, recently sold by Henry to Halifax Media Group of Daytona Beach, Florida. Aaron Kushner, whose print-centric approach was hailed as the salvation of the newspaper business just a year ago, is now dismantling the Orange County Register and its affiliated Southern California properties as quickly as he built them up.

The only major papers bucking this trend are Henry’s Globe and Jeff Bezos’ Washington Post, both of which are adding staff and expanding their portfolios. (The New York Times remains relatively healthy, but in recent years the ruling Sulzberger family has tended to define success by keeping cuts to a minimum.)

So what is Capital? Simply put, it’s a Friday-only section comprising features, think pieces, polling, commentary and lots of graphics. The debut consists of 12 pages, including three full-page ads — two of them advocacy messages of the sort that might not have made their way into the paper otherwise — and a smaller bank ad on the front of the section.

The lead story, by Jim O’Sullivan and Matt Viser, looks at the implications of a presidential race that is not likely to have a Massachusetts candidate for the first time since 2000. A poll (and Capital is slated to have lots of polls) suggests that Republican gubernatorial candidate Charlie Baker is making some headway, trailing Democratic contender Martha Coakley by a few points and leading Coakley’s rival Steve Grossman by a similar margin.

Among the more intriguing pieces of content is a “social networks dashboard,” put together by SocialSphere of Cambridge, which tracks conversations and the “biggest influencers” on Twitter. The print version has the highlights; online, it goes into more depth. It could use some tweaking, though. For instance, it’s fine to know that Gov. Deval Patrick is +463, but I’d like to see an explanation of what that means.

And if the Globe is looking for suggestions, I’d like to see a more outward-looking orientation, at least in the online version. There are no few links to outside content. How about a curated reading list of the best political coverage appearing elsewhere? (Online, Capital does offer some outside links in an automated feature based on Twitter called “The Talk,” which combines mostly Globe content with a little bit of offsite stuff. I’m also told that a daily newsletter to be written by political reporter Joshua Miller will include non-Globe links.)

One challenge the Globe faces is to come up with compelling content that isn’t tied to the daily news cycle. Today, for instance, the paper’s two most important political stories appear not in Capital but, rather, on the front page: more questions about Scott Brown’s dubious dealings with a Florida firearms company and insider shenanigans involving Mayor Marty Walsh’s administration and the city’s largest construction company. Of necessity, Capital will have to focus on analysis and smart step-back pieces.

During the panel discussion, political editor Cynthia Needham said that a frequent topic of conversation in the newsroom is whether the Globe’s political coverage should appeal to “insiders” or to readers “who dip in every once in a while.” For Capital to work week after week, the answer needs to be both — and then some.

But seriously — how refreshing is it to be able to write about the Globe’s latest expansion instead of the cuts and layoffs that pervade the rest of the newspaper business? We’ll remember these times. Let’s hope they last.

Booze, pills and the economics of casinos

Caesar
Caesar

The chaos that has broken out over the split between Suffolk Downs and Caesars Entertainment is good news for casino opponents. At the very least, it increases the likelihood that East Boston residents will vote no on Nov. 5. At most, we may be able to look forward to delays and lawsuits for years to come.

I was particularly struck by the accusation — reported by Mark Arsenault in The Boston Globe — that Caesars separated one wealthy gambler from his money by keeping him liquored up and plying him with painkillers. I know nothing about the details of that accusation. But it actually fits well with the business model for casinos.

I’ve flagged this before, and it’s worth flagging again: according to Michael Jonas of CommonWealth Magazine, casinos could not survive if it weren’t for the problem gamblers who provide a disproportionate share of the revenues. Jonas explains it this way:

Just how much of the revenue casinos bring in is from the losses of those with gambling problems? One of the most thorough studies of this issue was done in 2004 in Ontario, where researchers had a sample of residents maintain diaries logging their gambling expenditures. The study, prepared for the government-supported Ontario Problem Gambling Research Centre, estimated that 35 percent of Ontario casino revenues were derived from moderate to severe problem gamblers. Such gamblers accounted for 30 percent of revenue from casino table games and a whopping 62 percent of revenue from slot machines.

I remain appalled that Gov. Deval Patrick and the Legislature legalized casinos and slots, which are associated with higher rates of crime, divorce and suicide. But I’m optimistic that these social parasites can be stopped one at a time.

Below is a statement from No Eastie Casino:

EAST BOSTON, Mass. — Oct. 19, 2013 — For more than a year, No Eastie Casino has pushed the City of Boston and Suffolk Downs to share more information about Suffolk Downs’ proposed Caesars Entertainment Resort. After ignoring repeated calls for greater transparency and concerns about Caesars’ solvency raised by East Boston residents, on Friday Suffolk Downs dropped the operations partner it chose in 2011 to run a casino in East Boston, Caesars Entertainment, only after state investigators informed them that Suffolk Downs likely would not pass the background check if Caesars stayed on. The Boston Globe reported that a number of concerns were brought to Suffolk Downs’ attention, including Caesars’ alleged business ties to organized crime.

But East Boston casino opponents say the stunning news late Friday demonstrates that residents cannot trust Suffolk Downs when it comes to whom they choose to bring into the neighborhood, said No Eastie Casino co-chair Celeste Myers.

“As recently as two months ago, Suffolk Downs owner Joe O’Donnell stated that Caesars was ‘as professional as they come,'” Myers said, pointing out Suffolk Downs’ frequent assertion that it shares Caesars’ values. “Clearly, they did not do due diligence in vetting Caesars — a company with which they have had a relationship since 2011 — and only ended the relationship when forced to do so.”

She added that Suffolk Downs has now picked two corporations, Caesars and Vornado Realty Trust, that have been unable or unwilling to pass background checks. In March, Vornado put its 19 percent stake in the casino plan into a blind trust after the majority of its executive team refused the state’s mandatory background checks. To our knowledge, Vornado has not divested completely from the casino partnership and voters remain in the dark about who will pick up its nearly one-fifth share in the project.

Caesars’ sudden departure also raises serious questions about the value of the City’s and Suffolk Downs’ host community agreement and shows that the promises in the mitigation agreement were made to be broken. Many key elements of the mitigation agreement-including key components of the jobs and small business plans-were tied to Caesars’ employee practices and Total Rewards programs. (Download our 16-page mitigation analysis here.)

No Eastie Casino leaders on Saturday formally called on Suffolk Downs to withdraw its casino application, in light of the information that emerged late Friday, and to share full details about their casino plans — including what they knew about Caesars and when they knew it — with the community at large.

“Now, more than ever, our neighbors and voters are seeing the glaring problems in the Suffolk Downs casino plans and the flaws in transparency that have plagued this fight from the start,” Myers said. “We hope Suffolk Downs and the City of Boston do the right thing and withdraw their support of this project. Until they do, our campaign will continue to reach out to and educate voters until we are victorious on Nov. 5.”

Globe seeks to force Patrick to turn over records

This is why large, well-funded news organizations still matter.

The Boston Globe reports that it has won a favorable court ruling in its three-year quest to obtain the names of people who have received large financial settlements from the state.

The administration of Gov. Deval Patrick, no friend of the state’s public-records law, had fought the request from the beginning — its defiance of a ruling by Secretary of State Bill Galvin’s office led the Globe to sue — and the governor may yet file an appeal.

At issue: “the names of 89 individuals who received settlements of $10,000 or more between January 2005 and March 2010.”

That’s our money. Good for the Globe for pushing to find out who got it and why.

Mass. teachers join the national surveillance state

Photo via Wikimedia Commons (click here for info)

Teachers in Massachusetts must now submit to being fingerprinted. And another part of our liberties just died.

This happened so quickly and quietly that I had no idea it was in the works until I read a small Associated Press item in the Boston Globe this morning. Googling revealed a detailed story published by Patch. The new law, signed on Thursday by Gov. Deval Patrick, pertains to everyone who works at schools and child-care centers. As this press release from the governor’s office makes clear, the law applies to private-school teachers as well.

Please read this sentence twice: The information would be forwarded to the State Police and from there make its way to the FBI.

It’s always easy to defend such measures as being in the best interests of kids. And if you’ve got nothing to hide, why should you care?

Let me offer a hypothetical. A teacher’s fingerprints could turn up in an investigation that has nothing to do with kids. That teacher will then be hauled in the police for reasons that have nothing to do with why the fingerprints were submitted in the first place — putting teachers at greater legal jeopardy than those of us whose fingerprints are not on file.

In effect, teachers are becoming part of the national surveillance state as the price of being employed. Taken in isolation, maybe it’s not a big deal. Several other states, including New York, already fingerprint teachers. But it chips away at our freedom, and it’s too bad Patrick decided to pander rather than use his veto pen.

MuckRock.com and the potential power of crowdfunding

Screen Shot 2012-12-18 at 7.58.38 PMThis interview was previously published at the Nieman Journalism Lab.

The first time I heard of Michael Morisy and MuckRock.com was in 2010, after the site was targeted by a bureaucrat working for Massachusetts Governor Deval Patrick.

It seems that MuckRock, using the state’s open records law, had obtained information about how food stamps were being used in grocery stores. The data, which did not name any individual food-stamp recipients, had been lawfully requested and lawfully obtained. But that didn’t stop said bureaucrat from threatening Morisy and his tech partner, Mitchell Kotler, with fines and even imprisonment if they refused to remove the documents from their site.

They refused. And the bureaucrat said it had all been a mistake.

Now Morisy is preparing to expand MuckRock’s mission of filing freedom-of-information requests with various government agencies and posting them online for all to see. The just-launched Freedom of the Press Foundation has identified MuckRock as one of four news organizations that will benefit from its system of crowdsourced donations. The best-known of the four is WikiLeaks.

The foundation’s board is a who’s who of media activists, including Pentagon Papers whistleblower Daniel Ellsberg, Electronic Frontier Foundation co-founder John Perry Barlow, Josh Stearns of Free Press and the journalist Glenn Greenwald, now with the Guardian.

“The Freedom of the Press Foundation can be a first step away from the edge of a cliff,” writes Dan Gillmor, author of “We the Media” and “Mediactive.” “But it needs to be recognized and used by as many people as possible, as fast as possible. And journalists, in particular, need to offer their support in every way. This is ultimately about their future, whether they recognize it or not. But it’s more fundamentally about all of us.”

What follows is a lightly edited email interview I conducted with Morisy about MuckRock, the Freedom of the Press Foundation, and what comes next.

Q: Tell me a little bit about MuckRock and its origins.

A: I’d been really frustrated that we hadn’t seen much innovation in newsgathering generated by journalistic organizations. You see lots of innovations in how stories are told, but they’ve been generated by companies like Twitter, Facebook, and Instagram — all wonderful organizations, but ones which generate news as a byproduct, and where the journalistic function is by far secondary to business considerations. My co-founder and I wanted to create a startup where creating news was a core part of the business, and where the news was both user-generated and -directed as well as verified.

Since requests on MuckRock come from — and are paid for by — our users, we are able to align our business and editorial goals almost perfectly. We don’t sell advertising, we don’t put up paywalls. We just help people investigate the issues they want to, and then share those results with the world.

We’ve know been growing as a business and as an editorial operation for three years, with a part-time news editor and two fantastic interns.

Q: What sorts of projects are you involved in today?

A: Our biggest project to date is a partnership with the Electronic Frontier Foundation (EFF) called the Drone Census, which has broken a lot of major stories around the country. We let anyone submit an agency’s information and then we follow up with a public records request. So far we’ve submitted 263 requests to state, local, and federal agencies, the vast majority of which were suggested by the public. And it’s helped shed more light on a program that police departments and drone manufacturers are very purposefully keeping quiet.

We’ve also gotten to cover some really interesting local stories, such as getting the late Boston mayor Kevin White’s FBI file and taking an inside look at the timing of a drug raid, as well as national stories.

Q: What is the nature of your relationship with the Boston Globe?

A: MuckRock was invited to be part of the Globe Lab‘s incubator program a little over a year ago. We’ve received free office space and, most important, a good mailbox to receive the dozens of responses we get back every day. It’s also given us a chance to bounce ideas back and forth with their technology and editorial teams, and we’re in the early stages of a collaborative project with them.

They also recently launched The Hive, a section focused on startups in the Boston area. Given my experience running one and my editorial background, when they were looking for someone to manage and report for that section, I was a natural fit and thrilled to be invited to cover startups in the area. It’s a dream job, and it means I now have two desks, and often wear two hats inside the same building.

Q: How did you get involved in the Freedom of the Press Foundation?

A: Trevor Timm has been our main point of contact with the EFF working on the drone project, and he’s been absolutely great to work with. He reached out to us about a week ago and said that he was working on a new venture to help crowdfund investigative journalism projects, and we were honored to be thought of. It turns out he is the executive director of the Freedom of the Press Foundation, so we got lucky to be working with the right people.

Q: Do you have a goal for how much money you’re hoping to raise through the foundation? What kinds of projects would you like to fund if you’re successful?

A: We’re kind of going into this with an open mind and a hopeful heart. Any amount raised is greatly appreciated, but this will help jumpstart several new projects similar in size and scope to the drone effort, which has had an amazing response, including nods from the New York Times and many other outlets. It may also give us the flexibility to fund important stories that maybe are not as sexy. We were really interested in funding an investigation into MBTA price jumps for the disabled, for example, but our crowdfunding efforts on Spot.us are essentially dead on arrival. Having a reserve will allow us to take gambles on stories like that without having to choose between making rent and breaking news.

Don’t sell Scott Brown short

Scott Brown

This commentary also appears at the Huffington Post.

Will Republican Sen. Scott Brown of Massachusetts win re-election this November? Or will he be defeated by his Democratic rival, Elizabeth Warren? The answer, clearly, is “yes.”

I’ve been thinking about writing this post for a while. Frank Phillips’ story in today’s Boston Globe on Democrats who are panicking over the latest polls seems like as good a hook as any, so here we go.

From the moment Warren announced her candidacy, I’ve been struck by the fever-pitch feel that has permeated the race. Not among ordinary voters, of course; they won’t tune in until after Labor Day. But political junkies are fully engaged, as you know if you dip into the Twitter streams at #masen and #mapoli.

It seems to me that we’ve got a race between two very good candidates. I think Warren is the best the Democrats could have hoped for — not just better than the unknowns and wannabes who were running before she got into the race, but better than any member of the state’s Democratic establishment, with the possible exception of Gov. Deval Patrick.

Warren is articulate, she’s an economic populist, she combines insider experience with outsider credentials (how many people have managed to piss off both Republicans and Treasury Secretary Timothy Geithner?) and she’s almost as pretty as Brown.

Elizabeth Warren

Nor has she made any major missteps to this point. Brown supporters have tried to make hay of her endorsement of the Occupy movement, but that’s not going to play. The repeated references to her as “Professor” Warren are kind of pathetic. Anti-intellectualism does not have the sort of appeal in Massachusetts that it does in, say, Texas.

But some Democrats seem surprised, at the very least, that Brown didn’t topple like a rotten tree at the first sign that he’d have a serious opponent. Those sentiments vastly underestimate Brown’s strengths. In fact, I can think of two only first-class political talents to emerge in Massachusetts in the post-Michael Dukakis era: Patrick and Brown. (If Mitt Romney didn’t have a zillion dollars, I’m not sure he could win a seat on the Belmont Board of Selectmen.)

Democrats ignore the reality that no one is really angry at Brown other than liberal activists. He was elected just a little more than two years ago, and the glow from his startling victory over state Attorney General Martha Coakley has not fully faded. Massachusetts voters have traditionally liked having a Republican in a statewide position, and with the governor’s office now in Democratic hands, Brown has that working for him as well. My sense is that a lot of voters are still rather pleased with themselves for their role in Brown’s win, and it’s going to take more than Warren’s just showing up to get them to change their minds.

Nor should anyone discount Brown’s political instincts, which are superb. Brown has been a master of not taking strong stands on divisive issues, leaving himself free to bend when it’s necessary for his survival as a Republican in an overwhelmingly Democratic state. It took a while, but he eventually came around to voting for the repeal of “don’t ask, don’t tell.” He was among the very few Republicans who voted in favor of financial regulation, although he also loses points for his role in weakening those regulations.

The outlier in Brown’s record is his staunch support for the Blunt amendment, which would undo President Obama’s compromise on birth-control coverage at colleges, hospitals and other secular employers owned by religious institutions. Although Brown’s stand doesn’t seem to have hurt him in the polls so far, I think those who argue his rising poll numbers reflect public support for Blunt are wrong. Again, people just aren’t paying attention yet.

Why did Brown do it? Who knows? Maybe he’s acting on principle. Maybe the Senate leadership believes it has let Brown stray from the reservation too often and demanded his fealty on this one. In the long run, Brown’s support for Blunt will probably hurt him at the margins, but it’s not likely to determine the outcome of the race.

So what will determine the outcome? My guess is turnout. If this weren’t a presidential-election year, Brown would probably be a shoo-in for re-election. But with Obama on the ballot, a lot of people in Massachusetts are going to come out on Election Day looking to vote a straight Democratic ticket. The likelihood that Romney will be Obama’s Republican opponent only makes matters worse for Brown. Romney is not popular here except among the state’s tiny band of Republicans.

Predictions are futile. But I would imagine that whoever wins, it’s going to be extremely close. My advice: Don’t sell Brown short. And chill out. It’s only March.

Photo of Scott Brown by Dan Kennedy. Photo of Elizabeth Warren by the U.S. Treasury Department via Wikimedia Commons.

About those non-public public records

It’s Day Two of Hard Drive-gate, and I’ve got a few questions.

As you may know, the Boston Globe reported yesterday that former Massachusetts governor Mitt Romney’s office let staffers buy their computer hard drives on their way out the door, and servers were scrubbed clean, meaning there are no email records from Romney’s time in office.

Anyway, here’s what I’d like answered:

  • The Globe reports that the emails are not public records, and would not be subject to a public-records request. Yet Secretary of State Bill Galvin says the emails nevertheless should have been turned over to him for filing in the state archives. Are there any circumstances under which the records could be made public? If not, isn’t this a story about nothing?
  • Why wasn’t this an issue in 2008, the first time Romney ran for president? Romney wasn’t some back-of-the-pack lightweight that year. He was the most credible alternative to John McCain. Did no one ask for this stuff back then?
  • Doesn’t Romney’s campaign have a point when it claims that the revelation may be a politically motivated attack by Gov. Deval Patrick? After all, it comes during the same week that Patrick slimed former attorney general Scott Harshbarger, the most prominent opponent of his cherished casino plan.
If Romney had destroyed public records that we had a right to see, that would be one thing. So far, though, it’s unclear whether the emails met any reasonable legal definition of public records.

At casinos, compulsive gambling is the whole idea

The appalling decision by state leadership to build three casinos and a slot parlor in Massachusetts is a disaster-in-the-making on many levels. Studies have shown that proximity to casinos correlates with increases in crime, divorce, even the suicide rate.

And here’s another. Though compulsive gamblers may make up a small proportion of the population (between 1 percent and 5 percent, depending on which study you look at), casinos are utterly dependent on those folks coming in and blowing the grocery money. Michael Jonas of CommonWealth Magazine writes:

Just how much of the revenue casinos bring in is from the losses of those with gambling problems? One of the most thorough studies of this issue was done in 2004 in Ontario, where researchers had a sample of residents maintain diaries logging their gambling expenditures. The study, prepared for the government-supported Ontario Problem Gambling Research Centre, estimated that 35 percent of Ontario casino revenues were derived from moderate to severe problem gamblers. Such gamblers accounted for 30 percent of revenue from casino table games and a whopping 62 percent of revenue from slot machines.

Jonas also quotes Gov. Deval Patrick as saying, once again, that the legislation now hurtling through the Legislature will include money for treating compulsive gamblers. But there’s no logic to Patrick’s position. Within the casino industry, compulsive gambling is not a bug — it’s a feature, vital to its business model.

What’s taking place on Beacon Hill right now will live in infamy. Patrick’s legacy as governor will be his leading role in foisting this miserable enterprise upon the public.

Also: Harvey Silverglate writes in the Boston Phoenix about his angst over being a libertarian who opposes casinos and slots. As he notes, there’s nothing libertarian about what will take place in Massachusetts: this will be a government-run operation from the start.

If you really want to gamble, maybe we can start taking bets on which ex-legislator will be hired as the $150,000-a-year executive director of the Massachusetts Gambling — uh, Gaming Commission.

More Big Dig problems you don’t have to worry about

State officials want you to know that there is absolutely no reason for you to worry about the massive sinkhole that’s been discovered beneath a portion of the Big Dig. As a public service, Media Nation wants to remind you of other Big Dig problems — just teeny little glitches when you think about it — that you also don’t have to worry about:

  • Corroded 110-pound light fixtures that could fall on your car while you’re driving through, but that have been supposedly fixed. What? Sounds dangerous? Why, state transportation secretary Jeffrey Mullan didn’t even think it was necessary to tell Gov. Deval Patrick. Mullan is now leaving state government because he didn’t get a raise.
  • Leaks so extensive that they are beginning to damage the steel girders that support the Tip O’Neill Tunnel. Oops — sorry to sound like an alarmist. Our leaders want you to know that the leaks are the equivalent of the water that comes of “three garden hoses.” How can something you use to water your lawn possibly be dangerous?
  • Crashing three-ton ceiling panels of the sort that killed Milena Del Valle in 2006 as she and her husband were driving to Logan Airport. Again, no problems — they’re using better glue now or something.
If there are any other Big Dig problems that you absolutely, positively don’t have to worry about, please add them in the comments. Those are just the ones I could come up with off the top of my head.