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Healey’s choice as housing secretary ‘won’ a 2022 New England Muzzle Award

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On May 16, 2023

In First Amendment

Edward Augustus (via Dean College)

Edward Augustus, Gov. Maura Healey’s choice to serve as housing secretary, won a New England Muzzle Award from GBH News last year for his role in suppressing public records about police misconduct during his years as Worcester’s city manager.

The Telegram & Gazette, Worcester’s daily newspaper, spent years seeking those records, which were associated with 12 internal affairs investigations and complaint histories regarding 17 police officers. Superior Court Judge Janet Kenton-Walker said she believed the city had acted in bad faith, ruling that officials had “cherry picked” language in its legal documents and used it in a manner that was “out of context.” She sternly added: “Counsel may not misrepresent to the court what cases and other materials stand for.”

Judge Kenton-Walker’s outrage led her to impose an unusually harsh penalty, ordering the city to pay $101,000 in legal fees and $5,000 in punitive damages — unheard of in a state where public-records violations are as unremarkable as breakdowns on the MBTA. Yet even that proved to be insufficient to punish the city’s outrageous conduct. The T&G went back to court, arguing that the paper should be made whole for the entirety of its $217,000 in legal fees. This past February, the city and the T&G reached an out-of-court settlement for $180,000.

Augustus was gone from Worcester City Hall before last year’s Muzzles were published, having decamped for Dean College in Franklin, where he was named chancellor.

Of course, it’s possible that Augustus’ record in rebuilding Worcester qualifies him for his new position. According to The Boston Globe:

“Ed Augustus is the leader Massachusetts needs to take the helm of our new Executive Office of Housing and Livable Communities and drive an ambitious, collaborative strategy to increase housing production and lower costs across the state,” Healey said in a statement.

During his eight-plus years in Worcester City Hall, Augustus helped oversee the redevelopment of Worcester’s Canal District, including thousands of new housing units that have helped revitalize the city’s downtown.

Still, Augustus’ role in stonewalling public records not only slowed the T&G’s efforts to report on police misconduct — vital journalism in the public interest — but it also ended up costing taxpayers $185,000 in addition to whatever legal expenses the city itself might have incurred.

The press ought to start filing public records requests with the state housing office as soon as Augustus takes charge — just to see what happens.

Finally, my standard disclosure: David Nordman, who was the T&G’s editor until this past summer, is now a colleague of mine at Northeastern. We work on opposite sides of the campus, literally and figuratively: he’s the executive editor of Northeastern Global News, part of the university’s communications operation, and I’m a faculty member at the School of Journalism.

Muzzle follow-up: A settlement is reached in a Worcester public records case

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On April 14, 2023

In First Amendment

A final price tag has been set on the city of Worcester’s years-long campaign to withhold public records pertaining to police misconduct from the Telegram & Gazette, the city’s daily paper, and its reporter Brad Petrishen. Open government watchdog Andrew Quemere writes that the T&G and the city reached a settlement in February for $180,000 to cover most of the paper’s legal fees plus $5,000 in punitive damages.

Last summer I gave former Worcester city manager Edward Augustus a New England Muzzle Award, published by GBH News, for leading the effort to keep residents of his city in the dark about what their police department was up to. District Court Judge Janet Kenton-Walker awarded the T&G $101,000 in legal fees in addition to the punitive damages, ruling that such a harsh penalty was justified because the city had misrepresented aspects of the case in its dealings with the court.

Not harsh enough, as it turned out. The T&G’s lawyer, Jeffrey Pyle, appealed Kenton-Walker’s ruling, arguing that the paper’s legal fees of $217,000 should have been covered in their entirety given the city’s misconduct. The state Appeals Court agreed, overturning Kenton-Walker. That led to the February settlement.

“The Telegram & Gazette spent more than three years fighting for the right to have access to documents of considerable public interest,” T&G executive editor Michael McDermott was quoted as saying in Quemere’s post. “I’m proud of reporter Brad Petrishen for pursuing these records and thankful to our lawyers for successfully defending the public’s right to know.”

And, finally, my disclosure: David Nordman, who was the T&G’s editor until this past summer, is now a colleague of mine at Northeastern. We work on opposite sides of the campus, literally and figuratively: he’s the executive editor of Northeastern Global News, part of the university’s communications operation, and I’m a faculty member at the School of Journalism.

GBH will keep tweeting

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On April 13, 2023

In Media

GBH is sticking with Twitter, at least for now. I just received this statement from spokeswoman Erin Callanan:

At this time, GBH is continuing to use Twitter as a platform for sharing trusted content with its audience. We strongly object to Twitter’s labeling of NPR and PBS  as “government-funded” media. However, GBH continues to be the most trusted media in this market, and we have a responsibility to share our news and other programming with the broadest possible audience using the tools available to us.

This remains an evolving situation, and we will continue to monitor the changes as it moves forward.

Like all public media organizations, GBH is locally owned, operated, and governed. We receive the vast majority of our support from individual donors and members, as well as from foundations. We provide independent fact-based news, as well as other quality educational entertainment. We strongly believe that editorial independence and a free press are critical to our democracy.

In my earlier item, I mentioned GBH News specifically, as that is the local news division that competes most directly with WBUR Radio. GBH, of course, is a massive operation, comprising local and national programming on television and radio.

I was affiliated with GBH News for many years and still consider myself a friend of the station. But I think this is a mistake. As I noted earlier, GBH News is already on Mastodon, the leading Twitter alternative, though GBH as a whole is not. But neither is WBUR, and they took the hit rather than continuing to play in Elon Musk’s toxic garden.

Then again, there’s no particular reason why public media outlets are under any special obligation to leave Twitter just because they’re NPR affiliates. All news organizations should be packing up and moving, and that includes The Boston Globe, The New York Times, The Washington Post, CNN and all the rest. It’s the right thing to do, and it would make it that much easier for small players (like Media Nation, for example) to do likewise.

WBUR leaves Twitter. Will GBH News follow suit?

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On April 13, 2023

In Media

Update: GBH is staying on Twitter, at least for now.

Following NPR’s lead, WBUR Radio, one of Boston’s two major public media news outlets, is leaving Twitter to protest Chief Twit Elon Musk’s recent targeting of NPR as “state-controlled media.”

“NPR and WBUR believe recent actions by Musk seek to undermine the integrity of our news organizations,” WBUR chief executive Margaret Low said in a statement. “WBUR will stop tweeting from official WBUR accounts, effective April 12.”

No word yet from WBUR’s rival, GBH News, which was tweeting as recently as 5:40 a.m. today But GBH News already has a lively presence on Mastodon, and whoever runs the account reported on Wednesday that they had met with GBH executives to talk about Mastodon and the Fediverse, the underlying architecture upon which Mastodon is built.

“I’ll keep all of you filled in with what happens next,” they said.

Money-losing New England Public Media, a partner of GBH, lays off 17 employees

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On March 23, 2023

In Media

This bears watching. New England Public Media, which serves Western Massachusetts through WFCR Radio and WGBY-TV, is laying off 17 employees, or about 20% of its staff, according to Jim Kinney of MassLive. It looks like the cutting is mainly on the television side, with a Thursday evening magazine program called “Connecting Point” being canceled.

There’s also a relationship between the GBH Educational Foundation and New England Public Media: GBH holds the broadcast license for WGBY. In 2019, when WFCR and WGBY were merged, GBH said it would invest $6 million in the television station over the next six years, Adam Reilly reported at GBH News. Reilly wrote that the combined operation employed 78 people at that time.

Kinney reported that New England Public Media lost $4.6 million during the fiscal year that ended June 20, 2022, and that it “transferred $3.4 million from the WGBH Educational Foundation to its own balance sheet” during that same year. The operation is also in the midst of a $9 million renovation to its Springfield headquarters, again with GBH’s involvement.

I was a paid contributor at GBH News from 1998 until about a year ago, and I still have friends over there. I hope that New England Public Media can right its ship — and that its problems don’t spill over to GBH’s own local and regional news operations.

GBH News covers the revival of community journalism

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On March 13, 2023

In Local News

Nice doubleheader on the revival of local news in Greater Boston from my friends at GBH News. Jeremy Siegel reports on three startups in the suburbs — the Burlington Buzz, the Framingham Source and the Marblehead Beacon — as well as Boston Black News, a radio outlet. (Jeremy interviewed me as well.)

Tori Bedford has a piece on the ownership transition at The Bay State Banner, which has been covering the Black community since 1965 and whose new executives have some ambitious expansion plans.

Healey’s ambivalent stand on public records recalls her Muzzle Award-winning past

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On February 15, 2023

In First Amendment

Gov. Maura Healey. Photo (cc) 2013 by ZGreenblatt.

Andrew Quemere, a journalist who doggedly follows open-government issues in Massachusetts at his newsletter, The Mass Dump, reports that newly minted Gov. Maura Healey may prove to be not quite the champion of Beacon Hill transparency that she claimed she would be.

No one should be too surprised — she is, after all, a two-time winner of the New England Muzzle Awards, a feature I wrote for 25 years for GBH News and, before that, The Boston Phoenix that tracked outrages against free speech. I’ll get to that. But first, the latest. Quemere’s item begins:

Massachusetts Governor Maura Healey’s administration said Monday that it will not release records from past administrations. The decision means that a vast amount of vital information about state government — including former Governor Charlie Baker’s response to the COVID-19 pandemic, the repeated safety problems at the Massachusetts Bay Transportation Authority, and the sprawling overtime-fraud scandal at the State Police — will remain secret.

Some background: Baker and previous governors declared that the state’s public records law did not cover either them or their immediate staff. Indeed, the notoriously weak law also doesn’t cover the legislative branch (see this 2020 report by Northeastern journalism students) or the judiciary, meaning that the only governmental groups that have to comply are cities, towns, the state’s executive agencies and quasi-independent authorities. (And county government, to the extent that we have county government, which we pretty much don’t.)

Healey told GBH News in December that she would end the exemption for her office — but then reversed herself, explaining, essentially, that she would take it on a case-by-case basis. Moreover, the Healey administration refused to provide Quemere with records pertaining to police and law enforcement dating back to Baker’s time in office, saying that the new, more open policy she has adopted is not retroactive.

So: Healey’s new policy of openness does not cover previous administrations; and we’re not clear what the new policy really means.

As for the Muzzle Awards, the most pertinent is from 2018, when she was singled out for upholding rulings that public information should, in some cases, remain private. Healey’s secretive approach to the people’s business when she was the state attorney general was revealed by then-Boston Globe reporter Todd Wallack, now with WBUR Radio. As I wrote at the time:

Wallack’s most startling finding: Healey’s office had upheld a ruling by the Worcester district attorney that records pertaining to the 1951 murder of a state trooper should not be made public. Healey’s decision reversed a ruling by Secretary of State Bill Galvin’s office and denied a friend of the murder victim the opportunity to follow up some leads on his own. The friend has since died.

Wallack documented numerous other examples of Healey’s penchant for siding with the secret-keepers, including her decision to appeal an order that the state police provide the Globe with dates of birth for state troopers. That would have made it possible for the paper to examine the driving records of officers who had been involved in motor-vehicle accidents. Robert Ambrogi, a First Amendment lawyer and the director of the Massachusetts Newspaper Publishers Association, told Wallack: “I would expect more based on the promises she has made about open government.”

Her previous Muzzle was less germaine: I criticized her in 2015 for filing a formal defense of “a 1946 state law criminalizing political lies aimed at influencing an election.” Go ahead. You tell me what what’s a lie, what’s a mistake and what’s political hyperbole. I wrote:

As the libertarian Cato Institute was quoted as saying in an article by the State House News Service, it can be “incredibly difficult to assess the truth of a politician’s claims, especially in the chaos of an election campaign.” A number of advocacy groups and media organizations opposed Healey, including the ACLU of Massachusetts and the New England First Amendment Coalition.

We live in a time of intense political polarization, but there is an issue that unites Democrats and Republicans: the intense desire to conduct the public’s business out of public view. Let’s hope that Gov. Healey’s first steps aren’t a sign of things to come.

Muzzle follow-up: An Appeals Court panel doles out more pain for the city of Worcester

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On January 19, 2023

In First Amendment

Worcester City Hall and Common. Photo (cc) 2015 by Destination Worcester.

For years, the city of Worcester withheld public records about police misconduct that had been sought by the local daily newspaper, the Telegram & Gazette. It’s already cost the hapless taxpayers big-time: Nearly a year ago, an outraged judge ruled against the city and awarded the T&G $101,000 to cover about half the cost of the newspaper’s legal fees. She also assessed the city $5,000 in punitive damages.

That outrageous misconduct, overseen by former city manager Edward Augustus, was the subject of a 2022 New England Muzzle Award, published by GBH News.

Now a three-judge panel of the state Appeals Court is asking a logical question: If the T&G was in the right and the city was in the wrong, why shouldn’t the newspaper be compensated for all or most of its legal fees rather than just half? This week that panel overturned the lower-court ruling and ordered Superior Court Judge Janet Kenton-Walker to consider increasing the legal fees she awarded, according to a report by the T&G’s Brad Petrishen, who first began seeking the records in 2018.

Petrishen quoted Associate Justice John Englander as saying: “At 10,000 feet, what happened here is the newspaper wanted to write about something and it took them three years to get the documents they wanted to write about.”

The proceedings have been followed closely by Andrew Quemere, a journalist who writes a newsletter on public records called The Mass Dump. Quemere published a detailed account this week that includes some particularly entertaining quotes from an exchange Justice Englander had with the city’s lawyer, Wendy Quinn, at oral arguments in December:

“What did the plaintiffs request or push for that they were wrong about?” Englander asked.

Quinn paused for about six seconds before asking Englander to clarify his question.

“What the heck did you spend three years and hundreds of thousands of dollars fighting over if they should have gotten [the records]?” Englander asked. “If you had a defense, I’d like to understand what the defense was.”

As Quemere notes, Judge Kenton-Walker has consistently taken the position that the city not only erred and acted in bad faith, ordering that the city turn over the documents that the T&G had sought in June 2021 and then awarding $101,000 in legal fees in February 2022.

Even so, the newspaper appealed, seeking the full $217,000 it had paid — and, as the Appeals Court panel has now ruled, it may very well be entitled to that money. Jeffrey Pyle, a Boston-based First Amendment lawyer who represented the T&G, put it this way at the oral arguments: “To cut [the fees] by 54% sends a message to public records requesters: Don’t bother suing, you’re not going to be made whole even if you win and show that the other side acted in bad faith.”

To make matters worse for city officials, the Department of Justice last November announced that it had launched an investigation to determine whether the police department had used excessive force or engaged in discrimination on the basis of race or gender, although it is not clear whether DOJ was motivated by the T&G’s reporting.

I hope the T&G gets every last dime that it spent on this case. But I should add that the newspaper’s corporate chain owner, Gannett, deserves credit for pursuing this without any guarantee that it would ever be compensated. I criticize Gannett’s cost-cutting frequently in this space, but the company and its predecessor, GateHouse Media, have always been dedicated to fighting for open government, even if it means going to court. They could have told the T&G’s editors to forget about it, but they didn’t.

Finally, a disclosure: David Nordman, who was the T&G’s editor until this past summer, is now a colleague of mine at Northeastern. We work on opposite sides of the campus, literally and figuratively: he’s the executive editor of Northeastern Global News, part of the university’s communications operation, and I’m a faculty member at the School of Journalism.

Best wishes to Peter Kadzis of GBH News as he moves into semi-retirement

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On November 15, 2022

In Media

Peter Kadzis. GBH News photo by Liz Neisloss.

A true Boston original is heading into semi-retirement. Peter Kadzis, the politics editor at GBH News, announced Monday that he’s stepping down from full-time work at the end of the year, although he’ll continue as a contributor. The good news is that his distinctive Dorchester accent will still be heard on GBH Radio (89.7 FM) and television (Channel 2).

This is personal. Peter was the editor of The Boston Phoenix from the time I arrived as a copy editor in 1991 until I left as the media columnist in 2005. I continued to write for the Phoenix from time to time until it folded in 2013; Peter landed at GBH not long after, and I began writing a weekly column on media and politics for the GBH website in 2015. In other words, Peter was my editor for more than 30 years, right up until I decided to end my column earlier this year.

Peter was an important mentor. My career had stalled out when I was hired by the Phoenix, but he saw something in me, promoting me to managing editor and then news editor. But I wanted to return to the reporting and writing ranks, so, when Mark Jurkowitz (now at the Pew Research Center) left the Phoenix in 1994, Peter gave me a chance. His deep knowledge of Boston and of the media, both locally and nationally, was of enormous help to me as I groped my way toward my own voice and my own approach.

I should note, too, that GBH News became an outlet for a number of former Phoenix people. There were Fridays when three of the five panelists on “Beat the Press with Emily Rooney” were Phoenix alums — Jon Keller, Adam Reilly and me. Susan Ryan-Vollmar and David Bernstein write commentaries for the website from time to time. Sue O’Connell appears on radio and television. And, always, there was Peter, back in the newsroom. He continues to be a friend and colleague, and I wish him and his family nothing but the best.

What follows is the official announcement from Lee Hill, executive editor of GBH News:

I’m writing to share bittersweet news. A few weeks ago, our venerable Politics Editor Peter Kadzis informed me of his plans to retire from full-time work with GBH News. We decided together that we’d get through the beast that was the midterm election before announcing to the staff. The time has now come to share the news more broadly. Here’s Peter, in his own words:

After 50 years in the trenches, it’s time for me to scale back. That I’ve been able to cap my career at GBH News is, for me, still a source of wonder. And I hope that as we all move forward, we can find a way to continue our association. While I’m winding down, I’m not hanging it up.

As a kid reporter many years ago, I was one of the hordes of reporters who watched Boston school desegregation and the riots and street violence that ensued. Perhaps because of this experience, I’ve always had a sense of the potential for violence and dirty dealing that lies just below the surface of politics.

In my years at GBH, I’ve tried to put my feel for the dark side at the service of our audience. It helped me to see straight through the mayoralty of Tom Menino; the coming and going of Marty Walsh; and the rise of four remarkable political talents who have at least one thing in common — they are all women, and they are all women of color: Ayanna Pressley, Rachael Rollins, Michelle Wu, and Andrea Campbell.

I transition to part-time status after the disorienting years of Trump and COVID-19 and will watch with interest as Maura Healey tries to tame — or at least co-exist — with the undisciplined gang of ego maniacs known as the Massachusetts legislature.

In my blood, I feel confident that the newsroom’s commitment to the public good will only mature and intensify. I’m proud to have been part of the journey, which continues in the able hands of Katie Lannan, Saraya Wintersmith, Adam Reilly and the rest of you.

Peter is an important and towering presence in our newsroom whose contributions are innumerable because of the brilliance and wisdom he brings to his work. Under his leadership, the GBH News’ politics team has grown to become a respected (sometimes feared) powerhouse that has repeatedly shaped the local and regional conversation around politics and power in the Bay State. And our election coverage this year was consumed by the widest audience ever on GBH.org. That is in part because of his guidance and influence.

Thankfully, Peter isn’t going far anytime soon. He will continue in his current role through the end of January (as we search for a successor), before transitioning into a scaled back political contributor role with GBH News. Our audience will continue to benefit from his keen insights, analysis and wit.

Please join me in congratulating Peter on a stellar career, and to wish him all the best in this next chapter.

Lee

A federal appeals court rules that NH’s criminal libel law is constitutional

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On November 10, 2022

In First Amendment

The 1735 trial of John Peter Zenger

If we know anything about libel law, then we know that false, defamatory speech is not a crime. It’s a civil matter, to be worked out between the two parties in court. Right? Well … hold on.

On Tuesday, the U.S. Court of Appeals for the First Circuit ruled that New Hampshire’s criminal-libel statute passes constitutional muster. The case was especially pernicious because the defendant, Robert Frese, was charged with claiming that the police chief in his town of Exeter was a coward who had “covered up for a dirty cop.” That statement may be entirely false; but the idea that someone could be charged with a misdemeanor for criticizing the police is chilling indeed.

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In 2019, I gave the Exeter Police Department a New England Muzzle Award for charging Frese with a misdemeanor, writing that the New Hampshire law amounted to “seditious libel, making it a crime to criticize the government.” It’s something we thought had faded away with John Peter Zenger, a New York printer who was acquitted nearly 300 years ago.

But Judge Jeffrey Howard, noting that the Supreme Court’s landmark 1964 Times v. Sullivan decision does not protect knowingly false, defamatory speech directed at public officials, ruled that Frese did not have a case. Howard wrote:

Mindful of the Supreme Court’s guidance that “the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection[,]” we conclude that Frese’s allegations fall short of asserting viable constitutional claims.

No one would be surprised that Howard would assert that Times v. Sullivan doesn’t protect knowingly false, defamatory statements. But his assertion that such statements may form the basis of a criminal case rather than a civil lawsuit is worrisome — especially at a time when there are rumbles coming out of the Supreme Court that it may be inclined to dial back libel protections, as I wrote for GBH News last year.

Judge Howard and his colleagues had a chance to stand up for freedom of speech. Instead, they chose something else.

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