The Times’ decision to stop local endorsements is just the latest blow to a venerable tradition

Photo (cc) 2012 by Dan Kennedy

Endorsements of political candidates are fading into history. The latest blow was struck on Monday, when The New York Times said it would no longer endorse in local races (free link), although it will continue to endorse in the presidential contest.

In terms of influence, this has it exactly backwards. May we presume that the Times will endorse the Harris-Walz ticket this fall? Yes, we may. Meanwhile, readers in New York City and across the state — admittedly a shrinking share of the Times’ 10 million-plus subscribers, most of them digital — might genuinely want some guidance in deciding whom to vote for in state and local contests.

But there’s no turning back. Increasingly, communities are served by nonprofit local news organizations, which risk losing their tax-exempt status if they endorse candidates or specific pieces of legislation. As Tom Jones notes at Poynter Online, papers owned by the Alden Global Capital hedge fund stopped endorsing in 2022. Those include some of the largest papers in the country, such as New York’s Daily News, the Chicago Tribune and The Denver Post. Gannett, the country’s largest newspaper chain, has cut back on opinion, including endorsements.

A newspaper endorsement is a recommendation to vote for a particular candidate written in the institutional voice of the news organization. At larger newspapers, editorial boards comprising the staff of the opinion section and sometimes some outside members make those decisions in consultation with the publisher. In many cases these boards interview the candidates before making their decision.

The opinion section of a newspaper is entirely separate from the news staff, with the editor and the editorial-page editor reporting directly to the publisher, who may or may not be the owner of the paper as well. Publishers have been known to overturn the editorial board’s recommendation — that’s their prerogative. At smaller papers these lines tend to get blurred. At now-defunct Boston Phoenix, where I worked for many years, the editorial board comprised publisher Stephen Mindich and the news staff. Then again, the Phoenix, as an alt-weekly, mixed opinion and reporting, so the wall separating news from commentary didn’t really exist.

There was a time when rich men bought newspapers mainly so that they could express their political views, with the news section taking a back seat to the editorial page. These days, though, endorsements are often regarded by political reporters as a hindrance in their efforts to convince candidates who were not endorsed by the opinion section that they will cover them fairly. My conversations with students over the years have led me to believe that they are skeptical of the whole notion of a news outlet speaking as an institution, and that they’re more comfortable with signed opinion pieces such as those that typically appear on the op-ed page.

When a local news organization chooses not to endorse, either on principle or to keep the IRS at bay, it loses an opportunity to share its expertise with its audience. For instance, the nonprofit New Haven Independent covers a city that is served a 30-member board of alders, as the city council is known. How is anyone supposed to keep track?

But there are other steps a news outlet can take. It can put together a guide to where candidates stand on the issues and link to that guide every time it publishes a story on that particular race. The guide can take the form of a series of articles or an issues grid — or both. And I should add that the Independent covers city politics with depth and fairness.

If you’re interested in learning more about this topic, Ellen Clegg and I talked with Boston Globe columnist Jeff Jacoby about endorsements on our “What Works” podcast back in 2022. Ellen, who’s a retired editorial-page editor for the Globe which continues to endorse in state and local elections, is pro-endorsement; Jeff is against them. I’m (uncharacteristically) in the middle.

AG Campbell boosts free speech for electeds, while an anti-trans shirt goes to court

Attorney General Andrea Campbell. Photo (cc) 2022 by Dan Kennedy.

A past winner of a New England Muzzle Award is in the news, while a more ambiguous case is making its way through the federal courts.

First, Massachusetts Attorney General Andrea Campbell recently issued guidance stating that local elected officials have no fear of violating the state’s open meeting law if they take part in re-election activities such as debates or candidate forums where they discuss pending municipal business. Campbell’s decision follows a ruling by our Muzzle winner, Waltham City Solicitor John Cervone, that such activities would be “potentially problematic,” raising the specter that officials running for re-election would be barred from any substantive discussion of local issues.

Campbell’s guidance was hailed in a Boston Globe editorial, which noted that a similar situation had arisen in Newton. The editorial observed that Campbell gave her blessing even to situations at which a quorum of officials are present (for instance, three members of a five-member selectboard) “as long as they address their answers to the public, not to each other.” Campbell’s guidance reads in part:

The Open Meeting Law does not restrict an individual’s right to make comments to the general public, particularly as a candidate for office. Rather, it restricts communication between or among a quorum of a public body outside of a meeting; thus, the intent of the public official is an important consideration.

The Waltham and Newton restrictions were absurd, and Campbell was right to set them aside.

Second, Liam Morrison of Middleborough, Massachusetts, who as a seventh-grade student last year was banned from wearing an anti-transgender T-shirt to school, has taken his case to the U.S. Court of Appeals for the First Circuit after losing his bid to overturn the ban in federal district court. Morrison wore a shirt that said “There Are Only Two Genders.” And when that didn’t pass muster, he returned to school with a T-shirt that said “There Are [Censored] Genders.” That earned him a trip back home as well.

According to a report by Reuters, the appeals court seemed unimpressed with Morrison’s free speech argument at a recent hearing. Here’s part of the Reuters article:

U.S. Circuit Judge Lara Montecalvo contrasted the shirt with a brochure handed out by students expressing a particular message, saying unlike those pieces of paper, a student could not throw away the shirt that Morrison was wearing.

“A T-shirt that is worn all day is worn all day,” she said. “You have to look at it, you have to read it.”

Deborah Ecker, a lawyer for the Middleborough School Committee, said the school officials’ actions were motivated by concern for the mental health of LGBTQ students, “who are captive in this classroom looking at it.”

Boston Globe columnist Jeff Jacoby sides firmly with Morrison, writing:

In court filings, Middleborough’s lawyers argue that the school was entitled to suppress Morrison’s message out of concern that it could have led to “disruption.” Yet contrary messages are permitted. No discipline was imposed when a student came to class in a “He she they, it’s all okay” T-shirt. School administrators cannot have it both ways, allowing students to express the popular side of a debatable issue but silencing those who disagree because their opinion might provoke an angry reaction. The First Amendment does not bow to the heckler’s veto.

My own opinion is that this is not as simple as Jacoby makes it seem. As Jacoby himself notes, public school students have limited free speech rights when they are on school grounds. And though there’s a certain logic to the either/or choice Jacoby presents, it doesn’t hold up to closer scrutiny. An anti-LGBTQ message expresses animosity toward specific people, including fellow students whose orientation is something other than he or she. A pro-LGBTQ message affirms everyone’s humanity without — and this is the key — expressing any animosity toward people like Morrison who hold a different viewpoint.

Given that difference, it seems to me that Middleborough school officials got it right. Based on the Reuters report, it sounds like the appeals court is likely to agree when it issues its ruling.

Leave a comment | Read comments

Are newspaper endorsements obsolete? Ellen and I kick it around with Jeff Jacoby

Jeff Jacoby

On this week’s “What Works” podcast, Ellen Clegg and I talk with Jeff Jacoby, longtime columnist for The Boston Globe opinion pages. Jeff also writes the weekly “Arguable” newsletter.

Jeff holds degrees from George Washington University and from Boston University Law School, and before entering journalism, he briefly practiced law. He was also an assistant to John Silber, the prickly president of Boston University.

Prompted by a column Jeff wrote in June, and spurred on by the impending midterm elections, the podcast features a free-form discussion of whether newspaper editorial pages should endorse candidates in presidential races. It’s a hot topic these days — this piece by Joshua Benton in Nieman Lab is one of just several to observe that endorsements are on the wane.

I’ve got a Quick Take on a big story out of Woburn. That city has an independent newspaper and is covered by the Globe and other outlets. But this story wasn’t broken by any of the usual suspects. Ellen’s Quick Take is on an opinion column in The Washington Post by Perry Bacon Jr., who calls for $10 billion in government funding to support a news outlet in every congressional district in the country. As you’ll hear, we both have some problems with Bacon’s proposal.

You can listen to our latest podcast here and subscribe through your favorite podcast app.

What Jeff Jacoby gets right — and wrong — about tax subsidies for local news

Photo (cc) 2020 by Dan Kennedy

The Boston Globe’s Jeff Jacoby devoted his Sunday column to laying out his case against the Local Journalism Sustainability Act, which is aimed at easing the community news crisis through a series of federal tax credits. Jacoby’s opposition was no surprise, but I think it’s worth taking a look at his two major objections. One of them ought to be taken seriously; the other is grounded solely in his own boutique political philosophy.

The act would become law if it is included in the final reconciliation bill now being considered by Congress, assuming that Sens. Joe Manchin and Kyrsten Sinema will allow it be dragged at long last across the finish line. Here is a good overview of the bill by Steve Waldman, a founder of the Rebuild Local News Coalition. It would provide three tax credits for a five-year period, giving local news organizations some runway as they figure out how to transition to the confounding economic realities of the digital era:

  • News consumers would be able to write off $250 a year that they spend on subscriptions or on donations to nonprofit news organizations.
  • News organizations would receive tax benefits for hiring or retaining journalists.
  • Local small businesses would receive tax credits for advertising in local newspapers and news websites and on television and radio stations.

Jacoby’s argument is that tax credits amount to government subsidies, and even though these would be indirect, they could still be wielded by government officials to reward their friends and punish their enemies. “Government subsidies, almost by definition, are antithetical to the spirit of an independent press and the First Amendment,” Jacoby writes. “A newspaper that takes money from the government is apt to pull its punches when it covers that government — especially if it grows addicted to tax breaks that will have to be renewed every few years.”

There’s no question that could be a problem. The optimistic view is that the tax subsidies will end after five years, so there’s not much incentive for news organizations to soft-pedal their coverage. But I can easily envision a lobbying effort to extend those tax breaks, and then you end up in exactly the situation that Jacoby warns against.

There’s also the possibility that news organizations, especially those owned by corporate chains and hedge funds, will not use the five years wisely by making the kinds of investments that might move them toward financial sustainability, like customer-focused digital products, seamless payment systems and newsrooms robust enough to be produce journalism that people will be willing to pay for. (All steps, by the way, that Jacoby’s employer has taken to good effect.) Instead, they’ll just pocket the savings and ask for more. These are real concerns.

Jacoby’s other concern can be dismissed easily enough by anyone who doesn’t share his purist libertarian views: he’s opposed to government subsidies for any sector of the economy and for any reason. As he writes, “I have never found that a persuasive claim and over the years have opposed targeting tax credits to many politically wired special pleaders, including biotech firms, video game makers, arts organizations, convention centers, higher education, movie and theater producers, Fortune 500 corporations, and public broadcasting.”

Here Jacoby has identified what many of us would regard as the flaw in his argument, because the tax credits envisioned in the Local Journalism Sustainability Act are not materially different from those granted to nonprofit news organizations in general. From PBS to nonprofit hyperlocal websites, nonprofit status enables donations to be tax-deductible and enables the news organizations themselves to avoid paying taxes.

Jacoby appears to be taking a more extreme position now than he has in the past. In his current column, he writes that he opposes tax credits for public broadcasting, which seems to go a step beyond his previous position: In 2011 he called for an end to direct government payments to public broadcasting, arguing that the system would do fine without such payments. There is nothing in that column to suggest he opposes the indirect government benefits that public media receive as a consequence of their nonprofit status.

As I’ve written before, I think it’s worth taking a chance on the Local Journalism Sustainability Act. Although there are some hazards, a few of which Jacoby has identified, overall it strikes me as a worthwhile response to the decline of community journalism.

Speaking of subsidies, I hope you’ll consider becoming a member of Media Nation for just $5 a month. Members receive a weekly newsletter with exclusive early content.

The Times profiles right-wing media figure Dennis Prager. Here’s some background.

Dennis Prager. Photo (cc) 2018 by Gage Skidmore.

The New York Times today profiles Prager University, a right-wing meme factory founded by media figure Dennis Prager. In case you don’t know anything about Prager, I thought you’d be interested in some background.

In 2017, I gave a WGBH News New England Muzzle Award to YouTube and its owner, Google, for restricting access to a pro-Israel video made by Harvard Law School professor Alan Dershowitz for Prager University. The video could still be accessed, but by installing a speed bump, YouTube sent a clear signal that there was something transgressive about it — a ridiculous stance regardless of what you think of Dershowitz’s views.

In 2016, Boston Globe columnist Jeff Jacoby mixed it up with Prager after Jacoby accused his fellow conservatives of hypocrisy for throwing in with Donald Trump despite his well-documented moral depravity. That led to some back-and-forth between Prager and Jacoby in which Prager accused Jacoby of “gratuitous hatred.” Jacoby responded:

For me, the most disheartening aspect of the whole Trump phenomenon has been the sight of so many good, principled people deciding that their good principles need not keep them from marching behind Trump’s squalid banner.

As you’ll see from Nellie Bowles’ Times story, Prager is quite a piece of work.

Talk about this post on Facebook.

The James Foley video and bearing witness to evil

James Foley
James Foley

Previously published at WGBHNews.org.

The horrifying execution of journalist James Foley raises an uncomfortable if familiar question: Is there anything to be gained by watching the video of his beheading at the hands of an ISIS terrorist?

It’s a question that I explored 12 years ago, when Wall Street Journal reporter Daniel Pearl was similarly murdered. I searched for the video online and found it at a website whose sick operators presented such fare for the entertainment of their disturbed viewers. I shared it with my friends at The Boston Phoenix, who — to my surprise — published several small black-and-white stills of Pearl’s beheading and provided a link to the full video. “This is the single most gruesome, horrible, despicable, and horrifying thing I’ve ever seen,” the Phoenix’s outraged publisher, Stephen Mindich, wrote in an accompanying editorial.

The Phoenix’s actions created a national controversy. I defended Mindich and editor Peter Kadzis, first in the Phoenix, later in Nieman Reports. (At the time I had left the paper to write my first book, though I continued to contribute freelance pieces. My departure turned out to be temporary. And Kadzis, my editor then, is also my editor now: he is the senior editor of WGBH News.) I wrote in the Nieman piece:

Daniel Pearl didn’t seek martyrdom, but martyrdom found him. The three-and-a-half-minute video shows us the true face of evil, an evil that manifested itself unambiguously last September 11…. We turn away from such evil at our peril.

I stand by what I wrote then, but I haven’t watched the execution of Jim Foley. In contrast to the Daniel Pearl footage, the Foley video is bright and clear, in high definition. I’ve watched a bit of it, listened to him speak while kneeling in the desert; but that was all I could handle.

Boston Globe columnist Jeff Jacoby takes a different view, writing, “The intrepid and compassionate reporter from New Hampshire didn’t travel to Syria to sanitize and downplay the horror occurring there. He went to document and expose it.”

I don’t disagree. But it should be a matter of choice. Gawker, among the first media outlets to post a link to the video, made sure its readers knew that what they would see if they clicked was “extremely disturbing.” By contrast, the New York Post and the Daily News published front-page images of Foley (I’ve linked to a Washington Post story, not the actual images) just before his beheading — in the New York Post’s case, barely a nanosecond before.

It’s a fine line, but I’d say Gawker was on the right side of it, and the New York tabloids were not.

At the time of his capture, Foley was freelancing for GlobalPost, the Boston-based international news organization. GlobalPost co-founder and chief executive Phil Balboni, in a tribute published in the Globe, wrote:

For those of us who knew Jim, the road ahead will be particularly long and trying. As a lifelong journalist, the path forward for me will be rooted in a renewed and profound respect for a profession that for Jim was not a job, but a calling.

And here is an interview with GlobalPost co-founder Charles Sennott, talking about Foley on WGBH Radio (89.7 FM).

We’ve learned a lot since the execution of Daniel Pearl. One of the things we’ve learned is that bearing witness does not necessarily lead to a good result. Years of war in Iraq and Afghanistan have not created a safer world.

Do we have a right to view the James Foley video? Of course. Twitter, a private company that has become a virtual public utility, is heading down a dangerous road by banning images from the video. Should we watch the video as a way of witnessing unspeakable evil, as Jeff Jacoby argues? That, I would suggest, should be up to each of us.

Above all, we should honor the bravery and sacrifice of journalists like Daniel Pearl and James Foley, who take risks most of us can scarcely imagine. Let’s keep the Foley family in our thoughts, and celebrate the safe return of Peter Theo Curtis. And let’s send offer whatever good thoughts we can for Steven Sotloff, a fellow hostage of Foley’s who was threatened with death last week.

How offline relationships affect online debates

I had an interesting experience Friday debating politics with Jeff Jacoby and Howard Owens on Twitter. It was the usual: big versus small government, federal versus local, food stamps and the best way to help the poor, etc.

I thought we had a civil discussion, although it got a bit heated at times. Then others came in and were pretty disparaging of Jeff and Howard. And I realized what a difference it makes when you know someone in the real world, and how that changes the way you frame your online discussions. I know Jeff and Howard offline, and I also know they are as intelligent and well-read as I am, if not more so. Yes, I think they’re wrong on some issues, but I know they arrived at their positions honestly and that I’m not going to change their minds by shooting off 140-character rockets.

And it underscored the futility of getting into social-media battles with people you don’t know. It is a massive waste of time. Yes, talking politics with people we know is always a good idea. Listen and learn. Even if you don’t change your mind, you’ll understand more than you did before. And don’t bother fighting with strangers.

Speaking of online conversations … like many, I have found that discussions are often richer and more substantive on Facebook than anywhere else. So feel free to weigh in here.

A Rapturous new attack on climate science

It’s the latest meme among commentators who want to downplay or dismiss concerns about climate change: those doomsayers are just like the Rapture wackos! Three examples:

  • Boston Globe columnist Jeff Jacoby: “The May 21 apocalypse foretold by the fundamentalist minister Harold Camping never materialized, but end-of-the-world doomsaying goes on as usual among the global warmists.”
  • Syndicated columnist Jay Ambrose: “You can, on the one hand, listen to Bill McKibben, who says the raging Midwest and Southern tornadoes are still another sign of global warming doom. Or you can listen to Harold Camping, who recently announced the world would go kaput not too long after Christians were sent heavenward on May 21 by none other than God himself.”
  • Detroit News editorial-page editor Nolan Finley: “The rapture predicters are no more looney than those who want to connect the serial natural disasters to global warming.”

As with Al Gore, Camping and company are a lot easier to dismiss than atmospheric scientists.

Here is a splendid account of how D.R. Tucker, a Massachusetts conservative, moved from denial to acceptance as he immersed himself in the facts. Well worth reading.

Jeff Jacoby tortures torture’s defenders

Boston Globe columnist Jeff Jacoby writes a fine comeuppance to those among his fellow conservatives who claim the killing of Osama bin Laden proves that torture works. Whether waterboarding helped produce the intelligence needed to track down bin Laden is irrelevant, Jacoby says, arguing:

Torture is unreliable, since people will often say anything — invent desperate fictions or diversions — to stop the pain or fear. That doesn’t mean waterboarding will never yield valuable information. Feeding a detainee into an industrial shredder, as Saddam Hussein’s torturers sometimes did, might yield valuable information too. But some techniques are forbidden not because they never work, not because they aren’t deserved, but because our very right to call ourselves decent human beings depends in part on our not doing them.

Jacoby also picks apart the disingenuous notion that waterboarding isn’t torture, citing — as have I and others — the execution of Japanese officers who waterboarded American prisoners of war.