Tag: New York Times

Swartz case leads Media Nation’s top 10 of 2013

Aaron Swartz speaking in 2012
Aaron Swartz speaking in 2012

Last January, not long after the young Internet genius Aaron Swartz committed suicide, civil-liberties lawyer Harvey Silverglate wrote powerfully about the abusive prosecutorial tactics that may have led to his death.

Swartz faced a lengthy federal prison sentence for downloading academic articles at MIT without authorization. Even though the publisher, JSTOR, declined to press charges, U.S. Attorney Carmen Ortiz brought a case agains Swartz under the Computer Fraud and Abuse Act. As Silverglate put it, the law is “a notoriously broad statute enacted by Congress seemingly to criminalize any use of a computer to do something that could be deemed bad.”

Silverglate’s article was republished in Media Nation with the permission of Massachusetts Lawyers Weekly, where it originally appeared. And it was far and away the most viewed article in Media Nation in 2013.

Today we present Media Nation’s top 10 posts for 2013, based on statistics compiled by WordPress.com. They represent a range of topics — from the vicissitudes of talk radio to a media conflict of interest, from Rolling Stone’s controversial cover image of accused Boston Marathon bomber Dzhokhar Tsarnaev to the sad, sudden death of The Boston Phoenix.

The top 10 is by no means representative of the year in media. Certainly the biggest story about journalism in 2013 involved the National Security Agency secrets revealed by Edward Snowden to The Guardian and The Washington Post — a story that did not make the cut at Media Nation.

Here, then, is our unrepresentative sample for the past 12 months.

1. Harvey Silverglate on the Aaron Swartz case (Jan. 24). Few people were more qualified to weigh in on U.S. Attorney Ortiz’s abusive tactics than Silverglate, my friend and occasional collaborator, who several years ago wrote “Three Felonies a Day,” a book on how the federal justice system has spun out of control. But Silverglate’s take wasn’t the only article about Swartz to generate interest in Media Nation. The aftermath of Swartz’s suicide also came in at No. 11 (“The Globe turns up the heat on Carmen Ortiz,” Jan. 11) and No. 13 (“Aaron Swartz, Carmen Ortiz and the meaning of justice,” Jan. 14). In a bit of poetic justice, a project Swartz was working on at the time of his death — software that allows whistleblowers to submit documents without being identified — was unveiled by The New Yorker just several months after his suicide.

2. The New Republic’s new owner crosses a line (Jan. 28). A little more than a year ago, the venerable New Republic was saved by Chris Hughes, a co-founder of Facebook who is using some of his fortune to restore the magazine to relevance and fiscal health. But he crossed an ethical line last January when he took part in an interview with President Obama, whose campaign he had worked on, and tossed a series of softball questions his way. At the time I wrote that Hughes was guilty of “no more than a minor misstep.” So how did it rise to No. 2? It turns out that a number of right-leaning websites picked up on it, bringing a considerable amount of traffic to Media Nation that I normally don’t receive.

3. Dailies go wild over sports controversies (Aug. 30). Four months after publishing this item, I find it hard to make heads or tails of what was going on. But essentially Globe-turned-Herald sportswriter Ron Borges contributed to a Rolling Stone article on the Aaron Hernandez murder case, which generated some tough criticism from both the Globe and the well-known blog Boston Sports Media Watch. That was followed almost immediately by a Globe article on the ratings collapse of sports radio station WEEI (AM 850), which brought yet more tough talk from, among others, ’EEI morning co-host Gerry Callahan, who also happens to write a column for the Herald. Yes, Boston is a small town.

4. Rolling Stone’s controversial cover (July 17). I thought it was brilliant. I still do. The accusion that Rolling Stone was trying to turn Dzhokhar Tsarnaev into some sort of pop-culture hero is absurd and offensive — and not borne out by the well-reported article that the cover was designed to illustrate.

5. Glenn Ordway walks the ratings plank (Feb. 14). Ordway built sports talker WEEI into a ratings monster only to see its numbers crater in the face of competition from the Sports Hub (WBZ-FM, 98.5). Ordway was by no means the problem with WEEI. But station management decided it could no longer afford his $500,000 contract, and so that was it for the Big O.

6. A big moment for The Boston Globe (Dec. 17). It was actually a big year for the Globe, from its riveting coverage of the marathon bombing and the standoff that led to the arrest of Dzhokhar Tsarnaev to the paper’s acquisition by Red Sox principal owner John Henry. But two days in mid-December were emblematic of the paper’s continuing excellence and relevance — a long, detailed exposé of the Tsarnaev family that revealed Dzhokhar, rather than his older brother, Tamerlan, may have been the driving force behind the bombing; an investigation into a case of alleged “medical child abuse” that pitted a Connecticut family against Children’s Hospital; and a nationally celebrated series of tweets by staff reporter Billy Baker about a Boston teenager from a poor family who had been admitted to Yale.

7. The Boston Phoenix reaches the end of the road (March 14). A stalwart of the alternative-weekly scene and my professional home from 1991 to 2005, the Phoenix was a voice of incalculable importance. But with even the legendary Village Voice struggling to survive, the alt-weekly moment may have passed. At the time of its death, the Phoenix had more than 100,000 readers — but little revenue, as advertising had dried up and both the print edition and the website were free. I scribbled a few preliminary thoughts in this post, and later wrote something more coherent for PBS MediaShift.

8. The return of Jim Braude and Margery Eagan (Feb. 6). Eagan and Braude’s morning show was the one bright spot on WTKK Radio, an otherwise run-of-the-mill right-wing talk station that had been taken off the air a month earlier. So it was good news indeed when the pair was hired to host “Boston Public Radio” from noon to 2 p.m. on public station WGBH (89.7 FM). (Note: (I am a paid contributor to WGBH-TV’s “Beat the Press,” where Eagan is a frequent panelist.)

9. Joe Scarborough grapples with history — and loses (Feb. 17). Asking cable blowhard Scarborough to write a review for The New York Times Book Review about the relationship between Dwight Eisenhower and Richard Nixon could have been a smart, counterintuitive move. But it only works if the writer in question is, you know, smart.

10. The bell tolls for WTKK Radio (Jan. 3). As I already mentioned, Jim Braude and Margery Eagan were able to walk away from the rubble of WTKK, which was shut down by corporate owner Greater Media and turned into an urban music station. Just a few years earlier the station had been a ratings success with trash-talking hosts like Jay Severin and Michael Graham. But tastes change — sometimes for the better.

Photo (cc) by Maria Jesus V and published under a Creative Commons license. Some rights reserved.

A compelling case for ‘knowledge-based journalism’

9780345806604This review was previously published in The Huffington Post.

In the early 1990s the media identified an existential threat: violent crime. Sparked by high-profile cases such as the murder of a 12-year-old girl, Polly Klaas, and the fatal shooting of six passengers on a train in Long Island, news outlets from local television to Time magazine elevated criminal carnage above all other issues.

Such relentlessness brought results. By mid-1994, 40 percent of Americans were telling Gallup that crime was the country’s leading problem. Elected officials responded by passing laws mandating tougher prison sentences and by building new prisons. Within 10 years, the United States was locking up a higher proportion of its population than other country.

But there was something fundamentally wrong with all this. As Thomas E. Patterson describes it in his new book, “Informing the News: The Need for Knowledge-Based Journalism” (Vintage), violent crime was actually on the decline in the early ’90s — including a 4 percent drop from 1993 to ’94. Thus journalistic malpractice led to policy malpractice, with consequences we continue to live with today.

Patterson is a longtime journalism and media observer as well as the Bradlee Professor of Government and the Press at Harvard’s Shorenstein Center on Media, Politics and Public Policy. (Disclosure: He is also a friendly acquaintance.) The essence of his  argument is that it’s no longer enough (if it ever was) for journalists to describe what they learn from interviews and direct observation. They also need to know what’s true and what’s false, and to incorporate such knowledge into what they convey to the public.

“Today’s journalists,” Patterson writes, “use reporting tools that were developed more than a century ago and were better suited to the demands of that age than to those of today, where manufactured consent, clever fabrications, and pumped-up claims are everyday assaults on the public’s sense of reality. … Knowledge-based journalism would provide the steady supply of trustworthy and relevant news that Americans now lack, but sorely need.”

As the example of violent crime suggests, knowledge-based journalism should be grounded in a way of thinking. It’s never been a secret that the U.S. Department of Justice compiles crime statistics, and of course today those numbers are far easier to access than they were 20 years ago. Thus the key is for reporters, editors and news directors to seek out the truth and resist the urge to pander. Obviously that’s easier said than done. The spirit of Walter Lippmann’s quest for scientific journalism permeates “Informing the News,” but as Patterson notes, it has never pervaded more than a fraction of the news media.

Patterson is especially strong in describing the confluence of mindless objectivity and a lack of knowledge. When a journalist doesn’t understand the truth of what he is covering, it’s all too easy simply to present different viewpoints and leave it up to the reader, the viewer or the listener to decide. “The objective model of American journalism offers a weak defense against factual distortions,” Patterson writes. “Not only does the commitment to balance invite such distortions, it allows them to pass unchecked.”

Yet even an empiricist like Patterson can’t overcome human psychology. And one of the obstacles to knowledge-based journalism is that we are wired to adhere closely to our beliefs, regardless of whether they are grounded in reality. Patterson presents research by the Dartmouth College political scientist Brendan Nyhan showing that we tend to cling to misinformation even more tightly after our errors have been pointed out to us.

In a world in which comfortingly false information is never more than a click of the mouse or the cable box away, it is unclear how knowledge-based journalism would reach an audience larger than the one that already seeks reliable news. It is, after all, the genius of the right that it has managed to convince large swaths of the public that The New York Times and NPR are merely liberal equivalents of the Fox News Channel and Rush Limbaugh. Patterson describes the problem, but he doesn’t propose a solution. And it’s hard to imagine what a solution would look like.

So how are we to move in the direction of knowledge-based journalism? Patterson writes that “the university rather than the newsroom is the logical place to develop it,” and he calls for reforms in journalism education along the lines proposed by the Carnegie-Knight Initiative on the Future of Journalism Education — the most relevant being “expertise in the specific subjects to be reported on.” At the very least, journalists should make use of nonpartisan repositories such as the Shorenstein Center’s own Journalist’s Resource, which compiles data and studies in areas ranging from human rights to climate change.

Patterson has made a valuable contribution to the ongoing discussion of what we should expect of journalism at a time when media outlets are multiplying, revenues are shrinking and opinion is elevated over fact-based reporting. Whether we actually embrace knowledge-based journalism or not, he has underscored journalism’s basic mission: to provide the public with the information it needs to govern itself in a democratic society.

The Boston Globe’s remarkable two days

Tsarnaev image

A massive investigation into the Tsarnaev family that casts into doubt the notion that Dzhokhar Tsarnaev was the dupe of his older brother, Tamerlan. A harrowing two-part story on a supposed case of “medical child abuse” that raises serious questions about one of our most respected hospitals. And a feel-good story posted to Twitter that immediately goes viral.

It was quite a two days for The Boston Globe, starting with the Sunday edition and wrapping up Monday evening, when staff reporter Billy Baker’s tweets about a poor teenager getting accepted into Yale were cited by the likes of BuzzFeed and Piers Morgan.

It was the Tsarnaev package that has received the most attention. Reported by Sally Jacobs, David Filipov and Patricia Wen (Filipov, a former Moscow bureau chief for the Globe, visited Dagestan, where he learned of Tamerlan’s inept efforts to join an Islamist insurgency), the story provides the most thorough overview yet of a dysfunctional family dynamic that ultimately led the Tsarnaev brothers into terrorism.

The story defies summary. For me, the most fascinating takeaway is that Dzhokhar, far from being manipulated by Tamerlan, was himself an angry young man and a big-time pot dealer who was at the very least a co-equal of Tamerlan’s. With Tamerlan reportedly hearing voices and seemingly unable to make coherent plans, Dzhokhar may well have been the key to pulling off the Boston Marathon bombings.

Indeed, it was Dzhokhar, according to the Globe report, who downloaded an article in an Al Qaeda publication titled “Make a bomb in the kitchen of your mom.” No doubt this is the sort of thing we can expect to hear at Dzhokhar’s trial, especially if prosecutors seek the death penalty.

(And a quick word about the Boston Herald, which tries to claim that what the Globe published was a politically correct puff piece about the Tsarnaevs — see this, this and this. Just stop, OK? You’re embarrassing yourselves and exploiting the victims of the Tsarnaev brothers’ act of terrorism. At least Herald columnist Margery Eagan hasn’t taken leave of her senses.)

One final point: Even though the Globe published a special eight-page section for its Tsarnaev story, the package was most fully realized online, where it received the large-type/big-art treatment that has become known as the “Snow Fall” effect, after a pioneering New York Times multimedia story. The message is that, increasingly, newspapers are treating their print editions as a secondary medium — even as they continue to bring in most of the advertising revenue.

Abuse — or a terrible mistake?

If it hadn’t been for the Tsarnaev package, I imagine the big news of the week would be Neil Swidey and Patricia Wen’s report (here and here) about Justina Pelletier, a 14-year-old from Connecticut who was taken to Children’s Hospital with what had been diagnosed as a metabolic disorder.

Doctors at the hospital concluded that Justina was actually the victim of “medical child abuse” at the hands of her parents. They placed the girl in a locked psychiatric unit for months while they tried to figure out what to do next. It is a harrowing and horrifying story, and it’s difficult to know who’s right and who’s wrong. But there are some strong suggestions that Children’s made a terrible mistake:

  • Justina’s older sister had been diagnosed with a milder form of metabolic disease, yet was living at home with no apparent issues.
  • Justina’s condition did not improve in the absence of her parents.
  • Dr. Mark Korson, a Tufts physician who had provided the initial diagnosis, was treated with contempt by Children’s and not allowed to participate in Justina’s treatment.

One inescapable conclusion: If the people at Children’s now harbor doubts about their actions, they dare not admit it because of the legal and professional ramifications. The case is as yet unresolved, and I look forward to learning more.

Billy Baker’s tweets of hope

Finally, there is Billy Baker’s remarkable series of tweets, which he began after learning that George Huynh had been accepted into Yale. Baker profiled George and his older brother, Johnny, two years ago. They were both attending Boston Latin School and were determined to rise up despite the suicide of their father and the mental illness of their mother. It began as simply as this:

It turns out that Baker had stayed in touch with the Huynh brothers after his story was published and had become something of a mentor to them. The tweets tell a full, deeply moving story, ending with George’s smiling face.

I’m not sure Twitter is the best tool for narrative journalism, but Baker made it work. And he put a smile on everyone’s face just before Christmas.

Correction: I misspelled Swidey’s name in the original post.

Some worthwhile online videos about Nelson Mandela

Since learning of Nelson Mandela’s death a few hours ago, I’ve watched:

  • The New York Times’ excellent video overview of his life.
  • The speech he gave after his release from prison.
  • A report from WGBH-TV’s old “Ten O’Clock News” on Mandela’s 1990 visit to Roxbury.
  • A clip from an interview Mandela did with Bill Moyers in 1991.
  • And, for good measure, Artists Against Apartheid’s video for “Sun City.” Where else can you see Miles Davis, Lou Reed and Miami Steve in one (virtual) place?

What I haven’t watched is any television coverage. It’s a new world, isn’t it?

Michael Calderone on what to expect from Carolyn Ryan

One of the first media pieces I ever wrote for The Boston Phoenix, in the mid-1990s, was on the shrinking Statehouse press corps. Among those I interviewed was a young reporter for The Patriot Ledger of Quincy named Carolyn Ryan.

Ryan went on to great success at the Boston Herald, The Boston Globe and The New York Times. She was recently named the Times’ Washington bureau chief, and Michael Calderone of The Huffington Post has written about what to expect. An excerpt:

Ryan … has managed large reporting staffs in New York and Boston and is known inside the paper as a fierce competitor who sets high expectations. Such attributes can benefit the the Times’ Washington operation, which appears to be stepping up efforts against Politico and others in driving the political conversation of the day. Ryan may help ward off the complacency that news outlets long at the top of the media pecking order can sometimes fall prey to.

Quite a rise for Ryan, a hard-working, talented journalist. She deserves this moment, and I have no doubt she’ll make the most of it.

The New York Times and the Holocaust

Filmmaker Emily Harrold visited Northeastern on Thursday for a screening of “Reporting on The Times,” which explores how The New York Times covered (and didn’t cover) the Holocaust. Her film is based on Northeastern journalism professor Laurel Leff’s book “Buried by The Times.”

Click here for my Storify on the screening and the panel discussion that followed.

Why John Henry should dump Times content

Screen Shot 2013-10-25 at 2.07.20 PMThe New York Times Co. no longer owns The Boston Globe. Now is the moment for new owner John Henry to take the next step: stop running Times content in his paper.

I’m suggesting this not because I dislike the Times. Rather, I’m suggesting it because the Globe’s best, most engaged readers are those who are most likely to read the Times, too. There’s nothing quite like reading the Globe and coming across a shortened Times story on a national or international event to make you feel like you’re reading Times Lite.

For example: The story above, by New York Times reporter Robert Pear, takes up about 750 words at the top of page A2 in today’s Globe — and 1,170 words on page A18 of the Times.

For many years — even for the first decade or so of Times Co. ownership — the Globe never ran Times articles. Instead, the Globe supplemented its own coverage with journalism from wire services and from newspapers such as The Washington Post and the Los Angeles Times.

Somewhere along the line, though, someone at the Mother Ship decided the Times Co. could save money by running Times articles in the Globe. It’s hard to argue with the math — no matter how they did the accounting, it was essentially free content.

I don’t know how many people subscribe to both the Times and the Globe. The number may be very small. But those double subscribers tend to be journalists, community leaders and opinion makers — the very people Henry needs to court as he embarks on his new career as a newspaper owner.

Dumping the Times would serve as an emphatic statement that he intends to chart a new, independent course for the Globe.

At the Times, quoting the voices in their heads

What is the point of this pointless speculation in an otherwise straightforward piece on U.S. raids in Libya and Somalia, New York Times?

With President Obama locked in a standoff with Congressional Republicans and his leadership criticized for a policy reversal in Syria, the raids could fuel accusations among his critics that the administration was eager for a showy foreign policy victory.

No sourcing. But if anyone in the Republican Party were to go there, it might be House Speaker John Boehner. Well, here’s Boehner on ABC’s “This Week”:

I’m very confident that both of these efforts were successful. I’m going to congratulate all of those in the U.S. intelligence operations, our troops, FBI, all those who were involved.

Listen, the threat of al Qaeda and their affiliates remains. And America has continued to be vigilant. And this is a great example of our dedicated forces on the security side, intelligence side, and our military and their capability to track these people down.

What was the Times thinking? Or to put it another way: Why weren’t they thinking?

Hold the uplift, and make that shower extra hot

9780399161308_custom-4ec8d3a4e862d4dbc42dedad106a97aecb8dda44-s2-c85Earlier this month my wife and I were watching the news when Patrick Leahy came on to talk about something or other — I don’t remember what.

Leahy, 73, has been a Democratic senator from Vermont for nearly four decades. Normally that stirs up feelings that, you know, maybe it’s time for the old man to go back to the dairy farm and watch his grandchildren milk the cows.

But I had been reading Mark Leibovich’s “This Town.” And so I felt a tiny measure of admiration for Leahy stirring up inside me. He hadn’t cashed in. (His net worth — somewhere between $49,000 and $210,000 — makes him among the poorer members of the Senate, according to the Center for Responsive Politics.) He hasn’t become a lobbyist. He apparently intends to die with his boots on.

That amounts to honor of a sort in the vomitrocious Washington that Leibovich describes in revolting detail — a town of sellouts and suckups (“Suckup City” was one of his working titles), a place where the nation’s business isn’t just subordinate to the culture of money and access, but is, at best, an afterthought.

If you plan to review a book, you shouldn’t “read” the audio version. I have no notes, no dog-eared pages to refer to. So consider this not a review so much as a few disjointed impressions of “This Town,” subtitled “Two Parties and a Funeral — Plus, Plenty of Valet Parking! — in America’s Gilded Capital.”

Mark is an old acquaintance. He and I worked together for a couple of years at The Boston Phoenix in the early 1990s before he moved on to the San Jose Mercury News, The Washington Post and, finally, The New York Times. (Other former Phoenicians who’ve reviewed “This Town”: Peter Kadzis in The Providence Phoenix and Marjorie Arons-Barron for her blog.)

There are many good things I could say about Mark and “This Town,” but I’ll start with this: I have never known anyone who worked harder to improve. It was not unusual for me to leave the Phoenix in the evening while Mark was working on an article — and to come back the next morning to find him still at it. The result of all that labor is a finely honed sense of craft that most of us can only aspire to.

As virtually every reviewer has pointed out, “This Town” begins with a masterful description of the funeral service for “Meet the Press” impresario Tim Russert, an ostensibly mournful occasion that provided the media and political classes in Washington with an opportunity to carry out the real business of their community: talking about themselves and checking their place in the pecking order.

There are so many loathsome characters in “This Town” that you’d need an index to keep track of them all. And Leibovich puckishly refused to provide one, though The Washington Post published an unofficial index here. For my money, though, the lowest of the low are former senator Evan Bayh and former congressman Dick Gephardt — Democrats who left office but stayed in Washington to become highly paid lobbyists. Bayh, with his unctuously insincere laments over how broken Washington had become, and Gephardt, who quickly sold out every pro-labor position he had ever held, rise above (or descend below) a common streetwalker like Chris Dodd, who flirted not very convincingly with becoming an entrepreneur before entering the warm embrace of the film industry.

Also: If you have never heard of Tammy Haddad, Leibovich will remove your innocence. You will be sadder but wiser.

Because Mark is such a fine writer, he operates with a scalpel; those of us who have only a baseball bat to work with can only stand back in awe at the way he carves up his subjects. Still, I found myself occasionally wishing he’d grab his bat and do to some of these scum-sucking leeches what David Ortiz did to that dugout phone in Baltimore.

Mike Allen of Politico, for instance, comes off as an oddly sympathetic character despite the damage he and his news organization have done to democracy with their focus on politics as a sport and their elevation of trivia and gossip. (To be sure, Leibovich describes that damage in great detail.) I could be wrong, but it seems to me that that Mark was tougher on Allen in a profile for the Times Magazine a few years ago.

Thus I was immensely pleased to hear Mark (or, rather, narrator Joe Barrett) administer an old-fashioned thrashing to Sidney Blumenthal. It seems that Blumenthal, yet another former Phoenix reporter, had lodged a bogus plagiarism complaint against Mark because Blumenthal had written a play several decades ago called “This Town,” which, inconveniently for Sid Vicious, no one had ever heard of. More, please.

I also found myself wondering what Leibovich makes of the Tea Party and the Republican Party’s ever-rightward drift into crazyland. The Washington of “This Town” is rather familiar, if rarely so-well described. The corruption is all-pervasive and bipartisan, defined by the unlikely (but not really) partnership of the despicable Republican operative Haley Barbour and the equally despicable Democratic fundraiser Terry McAuliffe.

No doubt such relationships remain an important part of Washington. But it seems to me that people like Rand Paul, Ted Cruz and their ilk — for instance, the crazies now talking about impeaching President Obama — don’t really fit into that world. And, increasingly, they’re calling the shots, making the sort of Old Guard Republicans Leibovich writes about (Republicans like John Boehner and Mitch McConnell, for instance) all but irrelevant.

But that’s a quibble, and it would have shifted Mark away from what he does best: writing finely honed character studies of people who have very little character. “This Town” is an excellent book that says much about why we hate Washington — and why we’re right to keep on doing so. Hold the uplift. And make sure the shower you’ll need after reading it is extra hot.