The New York Times lost a libel case Thursday for the first time in more than 60 years. Ironically, both defeats played out in Alabama.
The earlier loss, in 1960, led to the landmark Times v. Sullivan ruling of 1964, in which the Supreme Court decided that it wasn’t enough for a public official to show that a offensive statement was false and defamatory. The official also had to show that it was published despite the knowledge that it was false, or made with reckless disregard for whether it was true or false.
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The second loss seems unlikely to lead to a similarly favorable outcome for the Times. Kai Spears, a former University of Alabama basketball player, won a $9.25 million judgment after the Times falsely reported that he was at the scene of a fatal shooting. Ryan Phillips, who covered the U.S. District Court trial for Patch, observes that $7.5 million of that was for punitive damages, which the Times will almost certainly appeal.
We got back from Chicago on Saturday after a great vacation with Barbara’s sister, Mary, and her husband, Eric. I’ll have more to say, especially about our visit to the Obama Presidential Center. Today, though, I want to lament the demise of print newspapers and offer some suggestions on how both publishers and airports could make for a better flight.
We flew out on Tuesday. Before boarding at Logan, I visited several Hudson News stores looking for a Wall Street Journal. There were no papers at all — not even USA Today. We got on board, and I was able to connect to Southwest’s wifi service for $8. Given the price of a newspaper these days, that seemed like a reasonable tradeoff. It cut out briefly a couple of times, but I was able to make my way through most of the content on the iPhone app.
On Saturday, I got up early and hit a couple of 7-Elevens near our hotel. Nothing. Needless to say, at one time I’d have been able to grab a free paper at the hotel, but no such luck. Once again, Hudson News stores at Midway were bereft of papers, but I figured I could just pay for wifi. I could not — no service was available. I looked a photos on my phone, stared into space and dozed off briefly. Fortunately, it was a short flight.
Now, you could say I should have brought a book, and yes, I guess I should have. But I didn’t realize it would be impossible to get a paper. It seems to me that at least a few people in airports would like newspapers, especially given the spotty wifi on airplanes. Since Hudson News is occupying space by virtue of a contract with a governmental entity, you’d think it might be required that they carry, say, three national newspapers.
At one time in the not-too-distant past, an absence of print newspapers wouldn’t have been a problem, at least not if you had a Kindle. Amazon used to offer a wide range of papers, and you could buy a single copy for a few bucks. Since the entire edition was downloaded to your device, you didn’t need connectivity. It was a great benefit, and I don’t understand why Amazon ended it.
I do have a solution, though. Why can’t newspaper apps have an option to download that day’s paper? The Boston Globe does, so next time I’ll save it for the plane. But why not The New York Times or The Wall Street Journal? It seems like a natural benefit to offer to paid subscribers.
More: After I posted this, I learned from Bluesky user @nationalsliker.bsky.social that The Wall Street Journal offers a separate iPhone app for the print edition that lets you download that day’s paper, which I’m going to try on the train later this morning. (The Washington Post offers the downloadable print edition in its iPhone app if you click on the search tool.) And commenter John Caddel reports that the Journal sends him a daily email of the paper in PDF form.
I’m heading out for a family wedding in a little while, but the media news keeps coming. Here are three stories you should be aware of.
📰 Trump backs down. “The federal government says it will drop its subpoenas compelling New York Times reporters to testify about anonymous sources in a case that involved President Donald Trump’s claims about a Qatari-gifted Air Force One jet” (CNN). My earlier coverage.
📰 Mass. Senate to boost public records. “Top Senate Democrats signaled Thursday they will seek a vote next week on legislation that would, like a bill passed last month in the House, subject both the governor’s office and the Legislature to some kind of public records framework, taking aim at the same topic already targeted by a question on the November ballot” (CommonWealth Beacon).
📰 Journalism cuts at UMass Dartmouth. “Student journalists at UMass Dartmouth are speaking out about what they say may be unfair treatment, or even retribution, after the university’s only journalism professor was let go — two months after a university dean wrote that the professor’s contract extension was already ‘approved’” (New Bedford Light).
Click here or on image to watch on Contrarian Boston.
On the latest edition of “Beat the Press with Emily Rooney,” we take a look at the Trump regime’s decision to subpoena New York Times journalists in an attempt to find out who told the paper about security problems on the new Air Force One, a corrupt gift from the Qatari government.
As we note, the Constitution does not protect journalists from having to identify their confidential sources if they are ordered to do so by a court. But the White House is running roughshod over long-established standards regarding how such demands ought to be handled.
We also examine how news organizations decided whether or not to carry Trump’s lie-infested speech about election security, and his threat to challenge the broadcast licenses of outlets that took a pass; and how the World Cup turned out to be a huge success in Greater Boston despite predictions by many in the media that we were headed for a disastrous confluence of chaos and gridlock. Plus, our panel’s Rants & Raves.
Emily is in the moderator’s seat, joined by our host, Scott Van Voorhis of Contrarian Boston; Lylah Alphonse of The Boston Globe, and me. Our producer extraordinaire is Tonia Magras of Hull Bay Productions.
One of several planes that have been used as Air Force One. Photo (cc) 2015 by Gage Skidmore.
In the waning days of the last Congress in December 2024, a Republican senator killed efforts to pass a federal shield law that would have protected journalists from being forced to identify their anonymous sources or turn over confidential documents.
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The so-called PRESS Act, which had passed the House unanimously, died when Sen. Tom Cotton of Arkansas — acting at the behest of Donald Trump, who’d just been re-elected — objected to an attempt to pass it by unanimous consent. Cotton said that passage would turn senators “into the active accomplice of deep-state leakers, traitors and criminals, along with the America-hating and fame-hungry journalists who help them out.”
Now we see the consequences of Cotton’s recklessness. Michael M. Grynbaum reports in The New York Times that three of the five Times journalists who exposed security problems on the new Air Force One — a corrupt gift to Trump from the Qatari government — received subpoenas ordering them to reveal their sources.
New Jersey Superior Court Judge Thomas McCloskey. Official photo via the New Jersey Globe.
It’s not a good day for the First Amendment, as four New York Times journalists have been subpoenaed in connection with their report (sub. req.) that Donald Trump’s new Air Force One plane — a gift that he corruptly accepted from the Qatari government — lacks important security features.
The journalists have been called to testify before a federal grand jury on Wednesday. Although the exact nature of the inquiry hasn’t been revealed, it’s probably an attempt by the Trump regime to determine who leaked the information to the Times.
This morning, though, I want to call your attention to a more blatant violation of the First Amendment: a judge’s demand that a New Jersey newspaper remove school security footage from its YouTube channel and refrain even from writing about it. On Thursday, the judge softened his order slightly but then extended it to all news outlets.
With the meltdown of Graham Platner’s U.S. Senate candidacy still playing out, I want to take a look at how The New York Times let it slip away.
The pieces are clearly visible, so you may already know where I’m going with this. But it’s worth tying them together and asking how the Times could come so close to breaking it wide open only to be relegated to the sidelines while Politico delivered the final blow.
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Early Monday afternoon, rumors began spreading on social media that a big story was about to break. Platner, a Maine Democrat, was reportedly canceling campaign events. Then it dropped: Politico published an interview with Jenny Racicot, a 41-year-old Maine woman, who claimed that in 2021 Platner entered her home and drunkenly, violently raped her.
I’m not one to break out the smelling salts when news outlets rely on anonymous sources. Important investigative stories are often based on unnamed insiders, as was the case with The Atlantic’s recent exposé of FBI Director Kash Patel’s drinking and erratic behavior. Reporter Sarah Fitzpatrick interviewed more than two dozen sources and sought comment from both the FBI and the White House.
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But I thought some of the sourcing around Director of National Intelligence Tulsi Gabbard’s announcement that she would resign was just plain shoddy. Let’s start with Jonathan Landay and Erin Banco of Reuters, who wrote on Friday: “A source familiar with the matter said that Gabbard had been forced out by the White House.”
Thus on the basis of one anonymous source did Reuters assert that Gabbard was lying when she claimed she was leaving in order to take care of her husband, who, she said, has been diagnosed with bone cancer.
Interestingly, The New York Times account, by Dustin Volz and Julian E. Barnes, directly contradicts Reuters, saying: “Mr. Trump did not force Ms. Gabbard to resign on Friday, according to people familiar with the matter, but her standing and influence within the White House had continued to erode in recent months.”
Now, I don’t know how many sources are covered by “people,” but it’s more than one.
Finally, there’s this Associated Press report, by Meg Kinnard, Will Weissert and David Klepper: “There had been rumblings that Gabbard would split with Trump after the president’s decision to strike Iran, which caused some division within his administration.”
Rumblings? OK. Actually, maybe we can let that go, since we’ve all seen reports in recent months that Gabbard wasn’t on board with the Iran war. Still, the passive-tense construction doesn’t give any indication of where these “rumblings” have been coming from. The White House? The Pentagon? Who knows?
Decisions over when it’s acceptable to rely entirely on anonymous sources are always fuzzy, but the real reason that Gabbard is leaving isn’t important enough to try to report it on the basis of light sourcing in real time. A story based on multiple sources reporting on what really happened would be welcome — and there was no need to try to break that story in the immediate aftermath of her resignation.
On the latest edition of “Beat the Press with Emily Rooney,” we examine the fallout over an explosive New York Times column by Nicholas Kristof alleging that Israeli prison guards sexually assaulted Palestinian prisoners. Was his sourcing shaky, as critics claim? Although the Times issued a statement supporting Kristof, why hasn’t the news side followed up?
We also take a look at former reality star Spencer Pratt’s gadfly campaign to become mayor of Los Angeles — fueled by an over-the-top AI-generated ad and by a distinct lack of interest by the news media about who Pratt is and whether he’s qualified.
Plus: Two Florida police officers sue the production company behind “The Rip,” a movie starring Matt Damon and Ben Affleck based on a true story. In the film, the officers help themselves to part of a $21 million jackpot they discovered inside a suspected drug dealer’s home — something they were not accused of doing in real life.
And stick around for our panel’s Rants and Raves. With Emilyl our host, Scott Van Voorhis of Contrarian Boston; Jon Keller of WBZ-TV, and me. Our producer extraordinaire is Tonia Magras of Hull Bay Productions.
Despite the Trump regime’s ongoing attempts to dismantle the First Amendment, there are important checks that remain in place. Libel protections against frivolous lawsuits remain strong — as long as news organizations use them rather than caving in to Donald Trump’s threats. Prior restraint is almost unheard of.
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One aspect of press freedom that has been left outside the walls of the First Amendment, though, is a recognition that journalists need to protect their anonymous sources and confidential documents. Forty-nine states, including Massachusetts, provide some protection. But the federal government does not. And one of former Attorney General Pam Bondi’s first actions after Trump returned to the White House was to weaken Justice Department guidelines put in place by her predecessor, Merrick Garland, to make it easier for the government to demand access to that information.
