By Dan Kennedy • The press, politics, technology, culture and other passions

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In New Hampshire, criminalizing political speech

Kelly Ayotte

New Hampshire Republicans have hit upon a novel idea to help U.S. Senate candidate Kelly Ayotte: lock up a pollster hired by one of her opponents for the crime of engaging in political speech.

According to the New Hampshire Union Leader, the state GOP, chaired by Gov. John Sununu, has asked Attorney General Michael Delaney to investigate an allegation of push-polling by a pollster hired on behalf of Democratic congressional candidate Paul Hodes.

Push-polling is the practice of asking leading, negative questions of a rival candidate’s likely supporters. According to the Union Leader, respondents who identified themselves as leaning toward Ayotte were asked about her alleged inaction regarding a mortgage scandal that unfolded when she was New Hampshire’s attorney general and her deletion of e-mails when she stepped down from that office.

The Union Leader found that the calls were made on Hodes’ behalf by Mountain West Research, an Idaho-based polling firm hired, in turn, by Anzalone Liszt Research, a national outfit whose clients include Hodes. The Hodes campaign hasn’t exactly denied the allegation.

Now, as it happens, negative push-polling is illegal in New Hampshire unless the pollster identifies the candidate on whose behalf the call is being made and provides some other information as well. That means someone — an executive of one of the polling firms, or perhaps even Hodes himself — could be found to have broken the law.

It’s not clear what the maximum punishment could be. The Union Leader reports that the top penalty is a $1,000 civil fine. But an Associated Press story that appears in today’s Boston Globe reports that Associate Attorney General Richard Head says a violation could also carry with it a one-year prison term.

The law itself is an affront to freedom of speech, and so is the Republican Party’s attempt to use it to silence the opposition. Push-polling is a sleazy, underhanded campaign tactic — which means that it’s exactly the sort of political speech the First Amendment was designed to protect.

We await Boston Herald columnist Howie Carr’s take on all this.

Photo (cc) by Travis Warren and republished here under a Creative Commons license. Some rights reserved.

Howie Carr actually finds a new line to cross (III)

Conservative blogger D.R. Tucker writes this response at Red Mass Group. I respond to a response by Republican State Committee member Cynthia Stead. There’s a whole lot of responding going on.

Howie Carr actually finds a new line to cross (II)

Good thing I covered my asterisk when writing about Howie Carr’s gig at a Republican fundraiser in New Hampshire. Because, as I suspected, he has done it many times. The former journalist sleepwalks his way through the details here.

To repeat: this is solely about Carr’s status as a Boston Herald columnist — not his job as a talk-show host for WRKO Radio (AM 680). It’s long since become accepted that radio folks will do such things, even though I don’t think they should.

Howie Carr actually finds a new line to cross*

There are certain ethical rules that journalists — even rabidly opinionated columnists — try to follow. You don’t donate money to candidates. You don’t put signs on your lawn. You don’t put bumper stickers on your car.

Then there’s Howie Carr, who’s speaking at a fundraiser on July 31 for the New Hampshire Republican State Committee. Such activities, unfortunately, have long since become acceptable for radio talk-show hosts, and that is Carr’s main job. But he’s still a columnist for the Boston Herald.

The Boston Globe has a great quote from Tom Fielder, dean of Boston University’s College of Communication:

You cannot call yourself a journalist — even as a columnist — and actively support a political party. It strikes me that the Herald should now report Carr’s salary to the Federal Election Commission as a contribution to the GOP.

Is there anyone at One Herald Square who can tell Howie no?

*No, I wouldn’t be surprised if he’s done this before. But if he did, I didn’t know about it.

Gradations of stupid

See if you can follow the logic here. Boston Herald columnist Howie Carr whacks U.S. Sen. John Kerry’s “breathtaking smugness” for saying that voters are too stupid to understand what President Obama and the Democratic Congress have accomplished. Carr then turns around and criticizes Massachusetts voters for being too stupid to understand they shouldn’t have sent Kerry to the Senate five times.

Is Howie even trying to make sense anymore?

Is there more to Howie’s suspension?

Howie Carr

Sometimes a cigar is just a cigar. So maybe Howie Carr’s suspension from WRKO Radio (AM 680) is just a suspension. But let me inject some uninformed speculation into the matter. The once-great station has been running on fumes for some time. Maybe its corporate owner, Entercom, has decided to force an end game, let Carr out of his contract and turn ‘RKO into an outlet for, oh, let’s say Spanish-language infomercials.

The Boston Globe’s Erin Ailsworth reports that Carr was suspended for a week for badmouthing the station on the air — something he has done continuously since he was forced into staying in 2007. (Apparently it’s gotten worse lately.) Carr is said to be unhappy that Rush Limbaugh’s syndicated show recently moved to Clear Channel’s WXKS (AM 1200), part of a national “Rush Radio” network.

Funny, but I thought one of the reasons the station replaced Rush with Republican political consultant Charley Manning was that Howie and Manning are buddies, and that Charley might keep the petulant star more or less in line. I don’t have any numbers in front of me, but Boston radio observers have long noted that this is one of Limbaugh’s worst markets. The idea of not fighting to keep Limbaugh and going with a local show struck me as pretty smart, even if Manning’s show is a work in progress.

Carr does seem to be wallowing in bitterness lately. For instance, he recently wrote in his Boston Herald column that President Obama wouldn’t have made it through college and law school if he weren’t black:

Of course, no one expects Barack Obama to really know anything. We understand, all too well, exactly how he got through Columbia and Harvard Law. He had certain … intangibles, shall we say.

That’s pretty rancid even by Howie’s standards. No, I’m not leaving anything out — the ellipses are his, not mine.

Back in 2007, Carr tried to jump to WTKK (96.9 FM), which wanted him as its morning guy. Unfortunately for Carr, he turned out to have a contract more restrictive than Curt Flood’s, and he was forced to stay.

What’s not known is whether Greater Media, which owns ‘TKK, still wants him. Morning drive is now ably helmed by Jim Braude and Margery Eagan. Would ‘TKK move Jay Severin out of afternoon drive to make way for Carr?

Moreover, given the changed economic climate, it certainly seems unlikely that Greater Media would still be willing to pay Carr $7 million over five years.

The other mystery factor is how much Entercom really wants WRKO to succeed. There’s a lot of audience overlap between ‘RKO and another Entercom station, WEEI (AM 850), a sports-talk outlet that also carries the Red Sox. No doubt the company wants WRKO to make money, but not at the expense of its more-valuable sports station.

Carr is a legitimate talent, but it’s been years since he’s showed more than an occasional glimmer. His suspension comes at a time when he probably has little leverage. Maybe he’ll be back on the air in a week as though nothing happened. But you have to wonder if Entercom executives have finally decided it’s time to do something drastic about its faltering talk station.

Photo (cc) by Paul Keleher and republished here under a Creative Commons license. Original at Wikimedia Commons.

The R-word and the M-word (and the F-word!)

Lauren Beckham Falcone has a good column in today’s Boston Herald, criticizing White House chief of staff Rahm Emanuel for using the phrase “fucking retarded.” Falcone, who has a daughter with Down syndrome, writes:

Here’s the deal: the R-word is not an innocuous euphemism. It’s as hateful and belittling and bullying as racial slurs and homophobic epithets and sexual harassment.

Now, of course, Falcone is not responsible for her co-workers at the Herald. But it’s long past time for editors there to ban the word “midget,” a demeaning term for people with dwarfism. I realize Howie Carr’s head might explode the next time he tries to describe Bill Bulger as something other than “the Corrupt Midget,” but he’ll get over it.

By the way, it’s nice to see that we’ve evolved to the point at which people are more offended by the R-word and the M-word than they are by the F-word.

WTKK takes a step in the right direction

Braude and Eagan

Braude and Eagan

Boston Herald reporter Jay Fitzgerald has some very good news: WTKK (96.9 FM) is moving Jim Braude and Margery Eagan’s mid-day talk show to morning drive, where it will now be heard Monday to Friday from 7 to 10 a.m. Aging has-been Don Imus’ syndicated program will be relegated to the decidedly unattractive 5-to-7 a.m. slot.

In making the move, WTKK rectifies a mistake that goes back to its failed attempt to lure Howie Carr from WRKO (AM 680) for morning drive. Carr wanted to come over, but he turned out to have the most restrictive contract since Curt Flood; indeed, he was whining about it as recently as yesterday.

Stuck with no Howie, ‘TKK took back Imus, who was returning to the airwaves following his penance for referring to African-American female basketball players as “nappy-headed hos.”

Naturally, a lot of attention will be focused on the duel between Eagan and Braude’s program and ‘RKO’s morning-drive show hosted by Tom Finneran and Todd Feinburg. That shouldn’t be much of a contest. Braude and Eagan are naturals. Finneran has never gotten comfortable behind the microphone, and Feinburg is all plodding, ultraconservative earnestness.

The far more interesting question is whether this is the first of several shoes to drop at ‘TKK. It’s hard to read the tea leaves, but the station has made a statement: Its signature program is now a morning talk show hosted by a liberal, Braude, and a moderate, Eagan, both of whom bring a light touch to the proceedings and are respectful toward and engaging with callers.

Where does that leave WTKK’s right-wing twins, yipping ninny Michael Graham and hatemongering afternoon host Jay Severin?

For the moment, they appear to be OK. Graham’s actually getting an extra hour. As for Severin, maybe I’m parsing this too finely, but I do find it interesting that he’s losing a drive-time hour (6 to 7 p.m.) and gaining a non-drive hour (2 to 3 p.m.). Michele McPhee is moving up a bit, from 6 to 10 p.m., which could be seen as an attempt to expose her to more listeners.

More than anything, Eagan and Braude’s move up is step toward civility on the airwaves — rare at any time, and something we ought to celebrate.

So much for the Republican A-team

Andy Card decides not to run for governor senator. Although I find myself agreeing with Howie Carr — it would be better for the future of the Republican Party if Scott Brown can use the Senate race to build his name recognition.

Ed Markey’s not running, either. No surprise there — he’s got too much seniority in the House.

Democracy and the Senate (II)

The notion that the Boston Globe and the Boston Herald represent ideologically opposite editorial positions is overblown. The Herald and its editorial-page editor, Rachelle Cohen, aren’t really all that conservative. And the Globe, whose editorial page recently transitioned from longtime editor Renée Loth to former Washington-bureau chief Peter Canellos, is just contrarian enough on issues like charter schools to keep liberals agitated.

An exception is today. The Globe offers its full-throated endorsement to Sen. Ted Kennedy’s proposal that would allow Gov. Deval Patrick to name an interim senator in the event of a vacancy. The interim would serve until a special election could be held five months later. With Kennedy’s battle against brain cancer apparently entering its final stages, the matter has taken on special urgency.

In supporting Kennedy’s proposal, the Globe criticizes the Legislature for having taken the gubernatorial appointment away five years ago, when it appeared that Sen. John Kerry might be elected president and Democratic leaders at the Statehouse did not want then-governor Mitt Romney, a Republican, to name Kerry’s successor. The Globe calls the 2004 law “a partisan bill.”

Which, of course, it was. And which leads the Herald to invoke that same 2004 action as a reason to reject Kennedy’s current proposal, in an editorial headlined “Hypocrisy factor.”

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