Taking dictation from the police is no longer good enough. In fact, it never was.

Photo (cc) 2013 by Victoria Pickering

As you may have read elsewhere, the original police account of George Floyd’s death was mostly accurate and completely false. It read in part:

Officers were able to get the suspect into handcuffs and noted he appeared to be suffering medical distress. Officers called for an ambulance. He was transported to Hennepin County Medical Center by ambulance where he died a short time later.

Floyd’s murder at the hands — or, rather, at the knee — of Derek Chauvin is likely to have long-lasting repercussions. One of those repercussions should be a rethinking of how journalists report routine police news. It has long been the custom for reporters at small community news organizations to visit the police station every morning, flip through the publicly available log, and report what’s there. If something seems interesting, the journalist might ask to see the incident report written up by an officer. And then this gets regurgitated, the ultimate in one-source reporting.

That’s how I did it in the 1970s and ’80s. It’s how we were all taught to do it. And in a large city like Minneapolis, a man who, according to police, died from medical issues while being arrested for forgery would probably not warrant a follow-up. You’d report it, and then you’d be on your way.

Interestingly enough, one of the papers I worked for in the early part of my career would not publish the names of people who’d been arrested and charged with a crime unless it was fairly big news. We younger reporters thought it was ridiculous, and we chafed at not being able to tell the whole story. But the editor, who was also one of the owners, explained that since our coverage of the court system was spotty at best, we’d likely never know if the person had been convicted or acquitted — and if it were the latter, we’d have smeared their reputation without cause. My editor was right, and ahead of his time. We were wrong.

Earlier this week The Washington Post reported on a case in Loveland, Colorado, where police last year arrested a 73-year-old woman who’d walked out of a Walmart with $13.88 worth of stuff without paying. It turns out that she had dementia and, as is clear from the police video, presented no threat to anyone. Yet she was thrown to the ground and handcuffed, with an officer twisting her arm in such a way that she suffered from a broken bone and a dislocated shoulder.

Can you imagine what the police log item might have looked like? No big deal, right?

The problems presented by taking the police at the word was the subject of an exchange the other day involving my GBH News colleague Saraya Wintersmith, South End News and Bay Windows publisher Sue O’Connell and me. (Note: Within the last few minutes I received a press release saying that O’Connell’s papers are up for sale. More to come.)

That, in turn, drew a comment from Julie Manganis, who covers the courts for The Salem News and its sister papers.

Manganis is right, but the News is unusual in its ongoing dedication to court reporting — and even then, most routine police news doesn’t rise to that level.

An additional complication is that many police departments now post their logs online. Under the state’s public records law, police departments must keep daily records of incidents and, in the case of arrests, the name, address and charge against the person who was detained. Members of the public, including journalists, are entitled to see this information. But now these items don’t even get the light vetting that might take place when a reporter asks an officer to explain something. It’s right out there for everyone to see.

Indeed, as I’m writing this, I’m looking at a report from one of the larger cities in the Boston area about a woman who was arrested and charged with trespassing. It’s a pretty thorough entry, and yes, it includes her name, age and address. It is probably accurate. I have no idea if it’s also true — that is, if it offers all the context we need to know to understand what happened.

Major crimes will always receive journalistic scrutiny. Official sources may have the upper hand early on, but as reporters keep digging, they’ll generally ferret out the truth. But we need a serious rethink of how we cover routine police news. And we need to do it at a time when local news resources are stretched to the limit.

One rule we might follow is that if an incident is so minor that it’s not worth devoting the resources to getting all sides, then it’s probably not worth reporting in the first place. But this is just the beginning of a conversation about how to practice ethical journalism at a time when the old ways of doing things are no longer good enough. And never were.

Spike Lee couldn’t anticipate Derek Chauvin’s depravity

Life imitates art imitates life. I was thinking of that on Tuesday as the three guilty verdicts were being announced in the case of Derek Chauvin, who killed — and we can now definitively say murdered — George Floyd.

Last summer, as part of a series of discussions our church was holding on racism, we watched “Do the Right Thing,” Spike Lee’s classic 1989 movie about race, police brutality and so much more. It is a great film. We saw it when it first came out, and it was a revelation to view it again more than 30 years later, with its rich depiction of life in Bedford-Stuyvesant and the uneasy truce between the white pizza shop owner and his Black customers.

But the climactic scene — the killing of Radio Raheem at the hands of a police officer — shows that Lee’s imagination did not anticipate the depravity of Derek Chauvin. Raheem is killed in a moment of panic as chaos erupts at the pizza shop. Chauvin deliberately jammed his knee into George Floyd’s neck for more than nine minutes until his victim was good and dead.

Did Chauvin mean to kill Floyd? No one can know exactly what was in his tiny heart. But I’m guessing that the answer is yes. Maybe not before. And certainly not after, if only because he had to realize he’d just gotten himself into a world of trouble. But during, as he felt the power surge through him while Floyd gasped for air and called out for his mother? Yes. He had to know what he was doing. How could he not?

If you’ve never seen “Do the Right Thing,” well, do the right thing and watch it. And think about how little has changed over the past three decades. The Floyd family received some measure of justice, but it’s difficult to imagine what the outcome would have been if not for the video shot by Darnella Frazier. Or maybe it’s not difficult to imagine.

Pulsing throughout “Do the Right Thing” is Public Enemy’s “Fight the Power.” The fight isn’t over by any means.

Words are inadequate to describe the ongoing police assault on Black lives

The must-see video clip from Monday night’s protests in Brooklyn Center, Minnesota, features CNN reporter Sara Sidner. Though she makes the interview about herself to an uncomfortable degree, there’s also some real power in hearing her unnamed interview subject describe what’s going on in plain and profane language.

Tom Jones of Poynter put it this way:

The language was R-rated, and yet credit CNN for staying with the interview. Most networks would have dumped out after someone started repeating expletives, but CNN wisely hung in there because it felt as if the man had something important to say. Sidner did a good job keeping the interview going and allowing the man to say what he wanted to say.

If you back up and try to look at the big picture, it’s so overwhelming that words are inadequate. The protests were in response to the police killing of Daunte Wright, a 20-year-old Black man whose car had been pulled over, reportedly because the license tags had expired. There was a struggle after police discovered a warrant for Wright’s arrest and they tried to take him into custody. One officer, Kim Potter, fatally shot Wright because, we are told, she meant to use her Taser and pulled her gun by mistake — an excuse that clearly needs thorough investigation.

All of this was playing out as the murder trial of Derek Chauvin, the ex-police offer who killed George Floyd, was taking place nearby, and against a backdrop of Black men (and a few women) being killed or harassed by police officers. Among them: National Guard officer and war veteran Isiah Jones, who was assaulted by police in Virginia last year as he was politely asking why he had been pulled over. Video of that encounter recent went viral.

A moment of fury and grace from the late Gil-Scott Heron

This morning is a time when the racial injustice that continues to run rampant is hitting home particularly hard. The Derek Chauvin trial, which is proving to be every bit as heartbreaking and enraging as it was a year ago, when we watched him kill George Floyd. The ongoing struggle over Georgia’s new racist voter-suppression law.

And it turns out that it’s the late, great Gil Scott-Heron’s birthday, which Brendan was taking note of on WUMB. So here he is performing the incandescent “Johannesburg” in 1976.

Federal appeals court legalizes secret recordings of police in Mass.

Photo (cc) 2010 by Thomas Hawk

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A federal appeals court has upheld the right to secretly record police officers in the performance of their public duties, but has declined to act similarly with respect to other government officials because they have a greater expectation of privacy.

The ruling, by the First Circuit Court of Appeals, essentially strikes down the Massachusetts wiretap law, also known as Section 99, as it pertains to police officers. According to an analysis by Michael Lambert, a First Amendment lawyer with the Boston firm of Prince Lobel, “The decision means that Massachusetts journalists and citizens can, openly or secretly, record police discharging their duties in public without fear of criminal charges under the state’s wiretap law.”

The ruling came in response to two separate cases, both filed in 2016. The case involving the police was brought by a pair of civil-rights activists, K. Eric Martin and René Pérez. The broader case was brought by Project Veritas, a right-wing organization known for making undercover recordings of liberal targets and often editing them deceptively. (For instance, see this backgrounder assembled by the American Federation of Teachers.)

The appeals court upheld 2018 rulings by U.S. District Court Judge Patti Saris. The Dec. 15 decision, by Judge David Barron (himself a former journalist, as Lambert notes), reads in part:

We conclude that, by holding that Section 99 violates the First Amendment in criminalizing the secret, nonconsensual audio recording of police officers discharging their official duties in public spaces and by granting declaratory relief to the Martin Plaintiffs, the District Court properly accounted for the values of both privacy and accountability within our constitutional system. We further conclude that the District Court properly rejected Project Veritas’s First Amendment overbreadth challenge, in which the organization sought to invalidate the measure in its entirety, given the substantial protection for privacy that it provides in contexts far removed from those that concern the need to hold public officials accountable.

As Lambert observes, openly recording police officers who are performing their duties has been legal in Massachusetts since 2011 regardless of whether they have given their consent. Judge Barron’s decision now legalizes secret recordings of officers as well. The issue has drawn attention not just in Massachusetts but across the country as smartphones have made it increasingly easy for citizens to document police conduct and misconduct. The Black Lives Matter movement has been fueled in part by such videos — the best known example being the police killing of George Floyd earlier this year.

Matthew Segal, legal director of the ACLU of Massachusetts, which represented Martin and Pérez, said in a statement:

The right to record the police is a critical accountability tool. Amid a nationwide reckoning with police brutality and racial injustice, the Court has affirmed the right to secretly record police performing their pubic duties.

A final wrinkle worth noting: Retired Supreme Court Justice David Souter was among the three appeals court judges who presided.

Bennet’s out as newsrooms come to terms (or not) with Black Lives Matter

Photo (cc) 2010 by samchills.

At least at the moment, I have little to add to the story of James Bennet’s departure as editorial-page editor of The New York Times beyond what Ben Smith of the Times, Tom Jones of the Poynter Institute and Jon Allsop of the Columbia Journalism Review have written, and what I wrote last week.

As Smith, Jones and Allsop point out, Bennet’s misguided decision to run Sen. Tom Cotton’s ugly commentary advocating violence against protesters should be seen as part of a larger story that encompasses Wesley Lowery’s unfortunate experience at The Washington Post, the resignation of Philadelphia Inquirer executive editor Stan Wischnowski over his paper’s horrendous “Buildings Matter, Too” headline, and the right-wing Pittsburgh Post-Gazette’s meltdown over Alexis Johnson, a Black reporter whom they claimed couldn’t be trusted to cover Black Lives Matter protests because of an innocuous tweet she had posted.

Because of the Times’ central place in our media culture, Bennet’s departure is the big story. As the coverage makes clear, Bennet lurched from one misstep to another during his time as editorial-page editor, so it would be a mistake to attribute his departure solely to the Cotton op-ed. I don’t think he ever fully recovered from his mishandling of a Bret Stephens column in which Stephens came very close to endorsing a genetic basis for intelligence.

Bennet will be replaced through the election on an interim basis by deputy editorial-page editor Katie Kingsbury, who won a Pulitzer when she was at The Boston Globe. Kingsbury is terrific, and I hope she’s given a chance to earn the job.

Finally, a semi-related incident involving the Globe. You may have seen this on the front of Sunday’s print edition:

There’s no question that the cover, which you can see here, would have been considered entirely inoffensive before a police officer killed George Floyd. Even now I’m not sure how many readers would have been outraged. Still, I think the Globe made the right call. An abundance of caution and sensitivity is what’s needed at the moment.

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COVID Diary #7: Our worst week as a nation since 9/11 and 1968

We’re living through a historic moment. Following the lead of many others, I’ve decided to start keeping a COVID-19 diary. Don’t expect anything startling — just a few observations from someone stuck at home, lucky to be working and healthy.

This was the week that everything seemed to come apart. The death toll from COVID-19 passed 100,000. And yet, briefly, that terrible milestone has been overshadowed by the latest in a long series of reckonings over what it means to be Black in America.

The day began with Omar Jimenez, a Black Latino journalist for CNN, being arrested by white police officers in Minneapolis even as a white CNN reporter stood not far away, unmolested by cops. The journalists were there to cover the protests that have broken out over the killing of an African American man, George Floyd, at the hands of a white officer. That officer, Derek Chauvin, has been arrested and charged with third-degree murder and manslaughter. No word yet on the fate of the three officers who stood by and let it happen.

The day ended with televised images across the country, from Minneapolis to Atlanta, from New York to California, as thousands of people protested against racist violence against African Americans. Sadly, some of those protests turned violent. But as Martin Luther King Jr. said, “A riot is the language of the unheard.” This week the unheard were intent on being heard — not just on behalf of Floyd, but also many others, including Breonna Taylor, Ahmaud Arbery and, yes, even Christian Cooper, who was not physically injured but who was humiliated by a privileged white woman when he asked her to leash her dog.

And let’s not forget for a moment that President Trump is pouring gasoline on the fire by tweeting out such incendiary calls to violence that Twitter finally had to crack down on him, sparking a confrontation over the First Amendment.

I was struck last night by David Brooks’ demeanor on the PBS NewsHour. I’d never seen him as agitated and upset. I thought he might start crying — and who could blame him? And I was moved deeply by the African American scholar Eddie Glaude Jr. of Princeton University, who was interviewed earlier in the NewsHour by Amna Nawaz. I’ve embedded it above, and you should watch it all. Speaking of Floyd’s killing, Glaude closes with this:

He cried out for his mother. She’s been dead for two years. She’s been dead. He basically told someone to tell my kids that I love them, because I’m going to die. And that man, that moral monster kept his knee on his neck. I didn’t — I couldn’t process it. It broke me.

I’m currently reading John M. Barry’s “The Great Influenza,” his 2004 book about the deadly flu pandemic of 1918. You might think that wouldn’t be the most relaxing thing to curl up with in the midst of the current pandemic. But the 1918 flu eventually ended, which is a good reminder amid what seems like an endless tragedy.

Last week was the worst in our country’s history since 9/11. Before that, you’d have to go back to the war, assassinations and riots of 1968. Back then, our political leadership was not up to the task. Today, the president and his fellow Republicans are actively making things worse.

We have to hope that there will be better days ahead — and, to the extent that we can, work to make those better days happen.

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The arrest of CNN journalists was shocking, but less unusual than you might think

The arrest and brief detention of a CNN crew on live television in Minneapolis early this morning was a stunning blow to the First Amendment. They were literally handcuffed and led away for doing their jobs in reporting on protests over the killing of George Floyd, a Black man, by a white police officer.

As the video reveals, the journalists were respectful, and correspondent Omar Jimenez clearly identified himself as a reporter. He told the state police officers several times that he and his crew would move wherever they were told.

That said, what happened to Jimenez and his colleagues was more common than you might realize — and more common than it should be. Last year, we bestowed a New England Muzzle Award upon Police Chief Armando Perez of Bridgeport, Connecticut for arresting and detaining Tara O’Neill, a reporter for Hearst Connecticut Media, during a Black Lives Matter protest.

“This is a public sidewalk and I’m the press,” O’Neill later recalled telling the officer who arrested her, according to media reports. “He said, ‘OK,’ and cuffed me.”

As with this morning’s Minneapolis arrests, the misconduct by police enabled them to operate without being watched by O’Neill and her pesky smartphone. Nevertheless, she was able to film her own arrest:

 

In a better-known case, Washington Post reporter Wesley Lowery and Huffington Post reporter Ryan Reilly were arrested at a McDonald’s in Ferguson, Missouri, during the demonstrations in 2014 over the killing of Michael Brown, a young African American man, by a white police officer.

Before that, Josh Stearns, now director of the Public Square Program at the Democracy Fund, put together a massive compilation of social-media posts documenting the arrest of journalists at Occupy protests around the country. (Here is a very small slice of what was going on from the Committee to Protect Journalists.) Storify, a tool for aggregating social media, recognized Stearns’ efforts with a “Storify of the Year” award.

Unfortunately, Storify later shut down, taking much of Stearns’ work with it.

Update. Stearns has posted a Twitter thread offering more background.

 

Update II. Noting that Jimenez is Black and Latino. A white CNN reporter standing nearby was not arrested.

 

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