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Globe editor Brian McGrory addresses diversity in the newsroom and in coverage

Also published at WGBHNews.org.

This past Wednesday, Boston Globe editor Brian McGrory sent a long memo to his staff about steps the Globe will take to respond to issues of race and equity — both in the paper’s coverage and the diversity of its newsroom.

So far, at least, the Globe has been able to avoid the sort of public turmoil over race that the Los Angeles Times and The Washington Post, among other news organizations, have experienced. But the Globe has long suffered from a lack of people of color in leadership positions. The last ranking Black editor, Greg Moore, left for The Denver Post in 2002 several months after losing out on the top position to Marty Baron. (The Globe’s opinion pages are led by Bina Venkataraman, who is Indian American.)

A couple of other points. First, although McGrory sent this out on Wednesday, no one leaked it to me until late Thursday. I don’t know the outcome of the Thursday presentation McGrory refers to. If someone at the Globe would like to send something along, I’d love to see it. I’d consider publishing an anonymous report as long as I knew who it was from.

Second, toward the end McGrory mentions wanting the Globe to adopt what amounts to a “right to be forgotten” for people who’ve been charged or even convicted of minor crimes. This sounds like an excellent idea as long as news stories aren’t going to be deleted from the archives.

Before the web, print editions soon disappeared into microfilm collections that were virtually impossible to search, which meant that the sort of minor incidents McGrory is referring to could not be easily found by, say, prospective employers. We need some way of returning to those days of semi-privacy without destroying the historical record.

What follows is the full text of McGrory’s memo.

Updates and plans

Hey all,

We’ll start with a request: Everyone should do everything possible to attend Thursday’s presentation of the company’s inclusion council. You’ve received an invitation under separate cover for an 11 a.m. Zoom call. The group will share findings and insights that may be hard to hear, but are vitally important to know, so I’d urge you all to participate.

Beyond that, we agreed at our town meeting a few weeks back that discussions about race, even and especially discussions involving deeply uncomfortable truths, are utterly vital. Since then, I’ve been fortunate to have had a good number of one-on-one conversations and small group discussions with people in the room, all of which have been eye-opening to the point of being invaluable. While all these exchanges are important, they are but a start. The real marker of this moment will be the actions that we take. So here, I’d like to outline some of the plans for the newsroom going forward. They are not the final word. They are a starting point, something that will ideally serve as our foundation for durable progress.

Recent assignments

In terms of our coverage, some key assignments have already been made and are worth sharing with you now. We launched a criminal justice team to look at the underlying racism in law enforcement that has served as the tipping point in the protests and calls for action. About two weeks old, it’s already had remarkable impact with stories on outrageously high overtime payments and ballooning payrolls, police officers on the streets despite numerous civilian complaints, a T officer who quietly resigned after abusing a homeless man, the acquisition by Boston Police of more miltary-style equipment, and clear-eyed looks at the push to defund. There is much more on the way. That team includes Milton Valencia, Vernal Coleman, Evan Allen, Tonya Alanez, Andrew Ryan, and Evan Allen, with strong assists from Dugan Arnett, Laura Crimaldi, and Danny McDonald. It’s led by Brendan McCarthy and Nestor Ramos, in a pitch-perfect example of cross-department collaboration. We are past time giving Boston Police and other law enforcement the scrutiny they warrant; this team is already addressing that.

If we focus only on criminal justice, we have failed in our mission to address core issues of racial inequality in and around Boston, one of the most unequal places on the planet. This, as we’ve discussed for years, should be a part of everyone’s beat, whether you cover the environment, the arts, sports, transportation, retail, or real estate. It’s especially vital in primary education, where society blithely accepts systems that are profoundly unequal. We have a strong education team already in place. Naomi Martin will join it, and the indefatigable Felicia Gans will also play a pivotal role ramping up the digital presence as part of her broader portfolio. Felice Belman will now help editor Sarah Carr with oversight.

In addition, we’ve asked Deanna Pan, Zoe Greenberg, Dasia Moore, and Jenee Osterheldt to focus a good part of their time and creative energy on broader racial and social injustice issues, including that wide space where race and COVID collide. And our business staff will remain focused on the epic economic injustices that are prevalent in this region.

Before, during, and after the recent town meeting, many colleagues have been forthright and generous with their insights and ideas. Not surprisingly, they’ve been really thoughtful — and really appreciated. Many of the plans below are pulled from these conversations, discussions with senior editors, and feedback from smaller groups. Again, there should and will be more to come.

• Cover the neighborhoods of color in and around Boston with more intensity — the culture, the economics, the challenges, the triumphs, the people, while also looking at broader stories about city life. We would assign at least one but likely more reporters to it, with strong editing guidance. We would also look for partnerships and innovative ways to get information to residents.

• Promote and/or hire Black editors and other editors of color to significant roles, including, but by no means limited to, the masthead. This is of paramount importance.

• Require a staff-wide work audit for racial representation. Each reporter, photographer, columnist, producer, and editor will be given the necessary time to look back six months and assess their work through a racial lens — how many people of color were subjects, how many were quoted as experts, how many were depicted in photographs and videos, and in what fashion?
Likewise, we’ll go through home pages and print section fronts, as well as the magazine, to see how often and in what ways we depicted Black people and other people of color.

This exercise is not meant to embarrass or penalize anyone. It’s to learn from our own work and create awareness of what we need to do. We’ll figure out a meaningful way to share the broader results.

Meantime, it is of the utmost importance for everyone to include a diverse range of voices in stories and to develop sources who don’t look like you. Jenee has worked up a strong list of Black sources to share, with an assist from Adrian [Walker] and Yvonne Abraham, to help people get started.

• We’ve had important success hiring star journalists of color over the past couple of years, but we are nowhere near where we want or need to be. We’ll redouble our efforts to make the newsroom more diverse, with a dual focus on retention and hiring.

• Make sure we dedicate the right resources to cover law enforcement agencies as a key part of our regular and ongoing coverage.

Internal changes

• Reframe our summer internship program, beginning in 2021, to a diversity internship and training program in which all participants will be students or recent graduates of color.

• Mandate that a specific proportion of our co-ops are students of color.

• Work with the Guild to amend the newsroom’s ethics policy to allow for participation in Black Lives Matter rallies by staffers.

• Form a newsroom advisory council to weigh in on coverage and initiatives that involve race issues.

• Explore outside funding for a training program for early-career journalists of color, in partnership with universities, nonprofits, and possibly other news organizations. This program would allow for the hiring of journalists for a predetermined tenure at the Globe involving intensive training, mentorship, and meaningful work while they are here.

One more

• Launch a ‘right to forget’ initiative that allows people to appeal their presence in a story from the Globe archives and ask for it to be de-linked from search engines. This includes, but is not limited to, someone charged and even convicted of non-violent crimes. Our journalism was never meant to be a permanent obstacle to someone’s success, with the worst decisions and moments in regular people’s lives accessible by a few keystrokes for the rest of time. This will be a complicated endeavor, involving a small committee and imperfect judgments, but it will be worthwhile.

There will undoubtedly be additional measures. And we will also be working closely in the newsroom with ReadySet, a diversity, equity, and inclusion consulting firm that has been smartly engaged by the Globe’s inclusion council to help the entire organization.

As tends to happen in this business, we find ourselves at the intersection of opportunity and responsibility. It’s on all of us to make the most of it and to have the strongest impact, meaning we have much work to do in the weeks ahead.

Please keep reaching out with your thoughts, insights, and ideas.

Brian

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The 2020 New England Muzzle Awards: Spotlighting 10 Who Diminish Free Speech

Illustration by Emily Judem/WGBH News

Previously published at WGBHNews.org.

At a moment of national crisis over racism and police brutality, it is depressingly apt that our lead New England Muzzle Award this year concerns an African American teacher in Milton, Massachusetts, who was briefly placed on leave and investigated for telling her sixth-grade poetry students that some police officers are racist.

School officials in Milton quickly backtracked, and the teacher, Zakia Jarrett, received a considerable amount of public support. Nevertheless, it’s sad and telling that the school administration’s first impulse was to punish the messenger rather than focus on the uncomfortable truth of her message.

Other Muzzle Award winners this year include a judge who refused a prosecutor’s request that he drop minor charges against nonviolent protesters (for good measure, he also briefly jailed a defense lawyer for reading the law to him); the police department in Portland, Maine, whose officers made an intimidating visit to a critic’s home under the guise of what appear to be trumped-up vandalism charges; and a town official in Exeter, Rhode Island, who shepherded through an ordinance requiring that people attending public meetings act with “decorum.”

Needless to say, the 2020 Muzzle Awards come at a time of unprecedented crisis, as the country struggles with the COVID-19 pandemic, economic collapse and a long-overdue coming to terms with the legacy of racism.

Following the police killing of George Floyd in Minneapolis, Black Lives Matter protests broke out across the country, and in some cases turned violent. Police, too, overreacted, driving into crowdsbeating peaceful protesters and deliberately targeting journalists.

New England was spared the worst of those excesses. Still, especially in the early days of the demonstrations, heavy-handed police tactics in Boston and elsewhere sometimes overshadowed the message that the protesters were trying to convey. Suffolk County District Attorney Rachael Rollins told The Boston Globe last week that she is investigating police conduct at those protests.

The New England Muzzles are published around the Fourth of July every year to call attention to outrages against freedom of speech and of the press. They were launched in 1998 at the late, great Boston Phoenix, which ceased publication in 2013. This is the eighth year they have been hosted by WGBH News. They take their name from the Jefferson Muzzles, begun in 1992 by the Thomas Jefferson Center for the Protection of Free Expression.

The envelopes, please.

Milton (Mass.) Public Schools

A Black teacher is targeted for speaking the uncomfortable truth.

Perhaps a Muzzle Award should go to the anonymous parent or student who recorded Zakia Jarrett last month as she was leading a remote sixth-grade poetry lesson and said that Black people were “being killed by racist white people … which many of the cops are, as well.” Whoever passed along that clip to Milton school officials sent an ominous warning in this new era of education by Zoom and Google: Be careful what you say, because you’re being watched.

Instead, though, the Muzzle goes to the Milton Public Schools. Their sole response should have been to remind everyone that recording teachers and making the clips public was a violation of school policy. Instead, according to The Boston Globe, Jarrett’s principal at the Pierce Middle School, William Fish, placed Jarrett on paid administrative leave while school officials investigated, sending a chilling message to the entire town.

The action affecting Jarrett was reversed later that day. But a considerable amount of damage had already been done. About 400 parents reportedly signed a letter in support of Jarrett, who is Black, and called on the school system to do a better job of teaching students about race and racism.

School officials quickly backtracked from their initial tough stance.

“At no point was the teacher suspended nor was any disciplinary action taken. The leave was rescinded after a few hours,” according to a statement posted on the school system’s website. The statement added that Schools Superintendent Mary Gormley “met with and apologized to the teacher and followed up with a written apology.”

But the Milton Educators Association, as the local teachers’ union is known, had a decidedly different perspective. In a statement published in the Milton Times, the union said that “nearly an entire week went by before the district responded to this situation in a way that conveyed how its actions let down all of the students and educators. The district’s message still fell short of what the MEA believed would have been an acceptable apology that acknowledged the full impact of this incident.”

What’s sad is that school officials fell back upon an unthinking bureaucratic response at the first sign of trouble. They should have been able to see how this would play out as soon as they received that 13-second clip. Not only could they have avoided a lot of trouble, but they missed a chance to do the right thing.

On June 19, Juneteenth, Milton educators and activists held a rally and march for racial justice. It was a chance for everyone to reflect and to take steps to ensure that nothing like it would happen again.

Despite that support, Jarrett told the Globe she hadn’t decided whether to stay in Milton.

“The word ‘racism’ triggers a lot of negative feelings,” she was quoted as saying. “The idea that people may hold racist beliefs makes them feel bad about themselves. But all people have biases and prejudices. And until we talk about them, we can’t root them out.”

Mass. Gov. Charlie Baker

He seeks to end nearly 380 years of access to vital records.

Since 1641, Massachusetts has made death certificates, marriage notices and birth records freely available to anyone who requests them. That could change, though, under an obscure proposal included as an outside section of the budget earlier this year, according to The Boston Globe. The proposal would hide such records from public view for what would amount to a lifetime.

If approved, the measure would be a step backwards in a state already notorious for limited access to public records. The Muzzle goes to Gov. Charlie Baker, who may be under the impression that he’s enhancing privacy protections, but who in reality would be cutting off a vital source of information for journalists and researchers.

Access to such records advances the public interest. For example, WGBH News reporter Jenifer McKim tweeted, “As MA governor works to make birth, death records secret, thinking of the stories I’ve written and produced with the help of these key, currently public, documents,” including suicides at colleges and universities.

 

The genealogical community was angered as well. In an interview with the Chelsea Record, Ryan Woods, executive vice president of the New England and Genealogical Society, said, “Unequivocally it was a surprise to us. There had not been any public discussion about this until it appeared in the budget.”

The Massachusetts Genealogical Council said the measure would make health researchers’ jobs harder and could make it more difficult for women who need to document breast cancer within their families so that they may qualify for genetic testing. The council added: “This is a time when genealogists from throughout the world should step up and be heard.”

By including the proposal in his budget rather than filing it as a separate piece of legislation, Baker has made it more difficult to defeat, as legislators won’t be able to vote against it without also opposing spending measures that they might support.

The governor and the legislative leadership should delete this ill-considered proposal before it is ever put to a vote.

Judge Richard Sinnott

The son of Boston’s last official city censor keeps the tradition alive.

For courtroom heavy-handedness above and beyond the norm, it’s hard to beat Muzzle winner Richard Sinnott, a judge in the Boston Municipal Court.

Last September, The Boston Globe reported that Suffolk County District Attorney Rachael Rollins was seeking to drop charges against a group of nonviolent counter-protesters who’d been arrested on minor charges at a so-called Straight Pride demonstration. Sinnott refused.

Next, he ordered one of the defense lawyers, Susan Church, removed and locked up because she had the temerity to read from case law in order to argue that Sinnott had no right to reject Rollins’ recommendation. She was released about two hours later. “All I was trying to do is to read the law to the court, and I was summarily arrested, handcuffed, brought down to the holding cell, held there for hours,” Church told WGBH News.

The lenient treatment that Rollins sought was not indiscriminate, as she asked for more-serious charges to move forward against another group of protesters accused of violence.

“Make no mistake: some people were appropriately arraigned and will be held accountable for actions that put the safety of the public and law enforcement at risk,” Rollins said in a statement reported by Universal Hub. “For those people now tangled in the criminal justice system for exercising their right to free speech — many of whom had no prior criminal record — I will use the legal process to remedy the judge’s overstepping of his role.”

The standoff was resolved quickly. Several days later, Supreme Judicial Court Justice Frank Gaziano ruled that Judge Sinnott had no authority to stop Rollins from dropping the charges, according to MassLive.

Sinnott comes by his Muzzle-worthy ways naturally. His father, also named Richard Sinnott, was at one time the city censor, in charge of banning risqué entertainment such as strip shows and overly salacious Broadway plays. The New York Times called him “the last municipal official empowered to ban wickedness in Boston.”

Good thing that the younger Sinnott’s bid to keep the “Banned in Boston” flame burning ended in failure.

U.S. Customs and Border Protection

From their perch in northern Maine, they spy on Canadian mail.

What could be more sacrosanct than your mail? With the exception of prison inmates and targets of criminal investigations, people have a right to receive packages and read correspondence free from the prying eyes of the government.

Unless, that is, you live on Campobello Island, New Brunswick. Except for the summer months, when a ferry is in service, mail is delivered to the Canadian outpost over a bridge from Lubec, Maine — giving our Muzzle winner, U.S. Customs and Border Protection, entrée to tear it open and inspect it. Residents know their mail has been pawed over when it arrives resealed with green tape.

To be clear, we’re talking about internal Canadian mail, originating in Canada and sent to a Canadian village. The only reason it’s delivered through the United States is because of an accident of geography.

This outrageous situation drew press coverage late last year and early this year from the Canadian Broadcasting Corp., the BBC, The Washington Post, The Boston Globe and other media outlets. As Dale Calder, a retired Canadian government employee, told the Globe, “It’s an invasion of our privacy. There’s personal correspondence in there, people’s health records, and financial records. What are they doing with it once they open it?”

In a statement to CBC Radio, U.S. Customs officials said they “possess broad search authority to ensure the safety and admissibility of all goods entering the United States.”

Although U.S. officials wouldn’t confirm it, residents believe the reason for this snooping is that old demon weed. Marijuana is legal in Canada and Maine, but it remains illegal to transport it over the U.S. border.

“I don’t like American bullying. This kind of stuff bothers me,” an island resident named Steve Hatch, who holds both Canadian and American citizenship, told the CBC. “You should have an expectation of privacy with the mail, and we don’t here on the island.”

Chris Sevier

An out-of-state anti-LGBTQ activist bamboozles Rhode Island legislators.

To be fair, the bill that five Rhode Island state legislators introduced in March was aimed at addressing an unethical journalistic practice: reporting that a public official is under investigation but then failing to follow up. Sometimes accusations are set aside and the target is cleared of wrongdoing. The media should report that, as well.

Mandating a follow-up by law, however, is a clear abridgement of the First Amendment. That is why we are presenting a Muzzle Award to Chris Sevier, an anti-LGBTQ activist from Tennessee who achieved minor celebrity status some years ago for attempting to marry his laptop computer, according to the nonprofit news organization Mississippi Today.

Sevier is the leader of a nebulous organization called Stop Guilt by Accusation, which has pushed legislation in a number of states that would require news organizations to report the outcome of investigations into public officials accused of illegal or unethical conduct. “The freedom of the press is not absolute,” Sevier told Mississippi Today.

The Rhode Island legislators withdrew the bill and conceded it went too far, according to WPRI. James Bessette, president of the Rhode Island Press Association and an editor at Providence Business News, told the station, “The fact that this bill — which would be damaging beyond any comprehension — was even introduced is both laughable and frightening.”

A coda: Last January, a similar bill was introduced in the New Hampshire legislature. According to the New England First Amendment Coalition, the legislation would have imposed liability on any news outlet that reported on criminal charges and then later failed to report that the person had been acquitted or that the charges had been dismissed.

The bill quickly died in committee.

Sevier’s group identifies New Hampshire as one of the states where it is pushing his legislation. But state Rep. Jack Flanagan, R-Brookline, the sponsor of the New Hampshire bill, said in an interview with WGBH News that he had never heard of Sevier, and that the idea was his alone.

“I received a number of concerns from people who had been arrested, became public and were found not guilty, dismissed or dropped,” Flanagan said by email, adding: “My issue was that we weren’t telling what to write, but to write the whole story.”

Flanagan wins a Dishonorable Mention for his attempt to transform a reasonable observation about media ethics into an unconstitutional law.

Andrea Harrington

The Berkshire district attorney’s public records refusal prompts a resignation.

Public records violations are so common that they often don’t get the attention they deserve. Yet the principle that government should be transparent is an important one. If we don’t know what our representatives are up to, then the idea that we live in a self-governing democracy is meaningless. Unfortunately, the Massachusetts public records law is so weak that officials violate it with impunity — even though the law was strengthened slightly several years ago.

Some incidents, though, are so egregious that they warrant special mention — which is how Berkshire County District Attorney Andrea Harrington earned herself a Muzzle.

Last December, The Berkshire Eagle filed a public records request about a student at Bard College at Simon’s Rock who said she’d been racially attacked. Following an investigation, her claim was found to have been a hoax. Harrington’s office declined to provide the records.

What happened next was truly startling. Harrington’s public records officer, Jeanne Kempthorne, resigned and blew the whistle on the DA, telling the Eagle, “It was the straw that broke the camel’s back. My concern is that what she [Harrington] did was not in the public’s interest; it was in her interest. This isn’t a private company, and it’s not her campaign. There are bigger considerations — are we actually going to fulfill our public duties?” For good measure, Kempthrone gave the Eagle redacted copies of the records it had sought.

Harrington’s office denied that anything untoward had taken place. But the law requires law enforcement agencies to release records once an investigation has concluded, as was the case with the Bard incident.

“When officials abuse the investigatory exemption of the public records law, they prevent us from learning if justice is being served in our communities,” said Justin Silverman, executive director of the New England First Amendment Coalition, in an interview with the Eagle.

Finally, we are awarding a Dishonorable Mention to the Massachusetts State Police, also a 2019 Muzzle winner, which was sued by The Boston Globe in February of this year over the agency’s failure to produce documents related to the paper’s reporting on an investigation into overtime fraud and related matters.

Jeffrey Shedd

A high school principal in Maine shuts down discussion about sexual assault.

Aela Mansmann wanted to call attention to sexual harassment and assault at Cape Elizabeth High School in Maine, where she was a sophomore. So last September, she posted a note in the bathroom that read, “There’s a rapist in our school and you know who it is.” Several other girls began posting similar notes.

But when a male student complained that he was feeling targeted (an interesting reaction, given that no one was named in the notes), the school decided to act — not against sexual assault, but against whoever had posted the notes. An investigation of several weeks ensued. And the principal, Jeffrey Shedd, has earned a Muzzle Award for suspending Mansmann and two other girls for three days, writing to parents that the students had made a “bad choice” that “hurt” others, according to News Center Maine.

“I honestly feel very ashamed that my school took this action,” Mansmann said in an interview with BuzzFeed News, adding: “It was really addressing the general culture of our school, and keeping in mind several specific cases. But there are so many it’s hard to pinpoint just one and advocate for just one of them.”

After Mansmann’s parents and the ACLU of Maine filed a lawsuit in U.S. District Court to overturn her suspension, Judge Lance Walker issued a temporary restraining order, ruling that they were likely to prevail on the merits. “If school administrators,” Walker wrote acidly, “receive carte blanche to tamp down and vet non-frivolous outcries on topics of social justice, expressed in areas generally associated with free student communication, where would that leave us?”

School officials should have taken the opportunity to stand down. Instead, they filed an appeal, with Cape Elizabeth School Board Chairwoman Susana Measelle Hubbs saying that administrators needed to be able to respond to statements “that are likely to spread fear and alarm, or to harm others,” according to a report by WGME and The Associated Press.

Mansmann’s suspension was put on hold pending final resolution of the case, the Portland Press Herald reported. The other two girls have not spoken publicly. It’s time for school officials to end this fiasco and apologize for trampling on the students’ free-speech rights.

Calvin Ellis

A local official in Rhode Island tells the public: Be nice — or else.

Anyone who has spent much time covering local government meetings knows that the internet isn’t the only place where you can find trolls. Cranks of various persuasions often show up so that they can yell, raise irrelevant issues and generally make pests of themselves. Sometimes they even have legitimate concerns.

Such gadflies have been dealt with since time immemorial by asking them to be quiet or, if that doesn’t work, asking them to leave. If they resist, there’s usually a police officer on hand to help them find the door. (These days, of course, they can just be muted on Zoom.)

Which is why Calvin Ellis, president of the town council in Exeter, Rhode Island, has earned a Muzzle. Last September, the council approved his unnecessary, speech-squelching ordinance requiring “decorum” by people who attend public meetings.

“We don’t anticipate enforcement,” said Ellis, according to a report by WJAR. “Only we want proper decorum, proper conduct to prevail.” Well, if you don’t “anticipate enforcement,” why do it in the first place?

Exeter has had its issues. Reportedly, some members of the public have walked out in the face of yelling, and on one occasion the Rhode Island State Police had to be called. But it’s hard to see how a rule mandating decorum would change that.

Here’s the most problematic part of the Exeter ordinance, as reported by the Johnston Sun Rise: “Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Town Assembly, Council, Board, or Commission, or any member thereof, shall be forthwith, by the presiding officer, barred from further audience before the Town Assembly, Council, Board, or Commission at that meeting, unless permission to continue is granted by a majority vote of the Town Assembly, Council, Board, or Commission.”

As Steven Brown, executive director of the ACLU of Rhode Island, put it in a statement: “When does a pointed criticism of a Council member for their stand on an issue become ‘personal’? … When will impassioned comments of a speaker — whether out of enthusiasm or anger — become improperly ‘boisterous’ and subject him or her to removal from the meeting?”

A short time after the measure was approved, the Narragansett Town Council rejected a similar measure. Exeter needs to reconsider. It should be possible to exercise some control over a public meeting without an ordinance that tramples on the First Amendment.

Timothy McCarthy

His pre-pandemic proposal to ban face masks at protests went nowhere.

If we had a category for Most Ironic Muzzle Award, it would surely go to Boston City Councilor Timothy McCarthy. Last September, according to WGBH News, McCarthy persuaded his colleagues to draft an ordinance banning face masks and other identity-shielding coverings at public demonstrations.

What prompted him were the face shields used by some counter-protesters at the anti-LGBTQ “Straight Pride” rally — the same counter-protesters who drew Judge Richard Sinnott’s attention (above). To be fair, McCarthy was targeting those engaging in violence, not peaceful protesters.

“When did people wake up in the morning and say, ‘Hey, let’s go to a peaceful protest, but don’t forget your razors, and your keys for handcuffs, and your face masks in case you get urine and bleach that you’re throwing at the cops, you don’t want to get that in your eyes,’” McCarthy said.

The irony, of course, is that because of the COVID-19 pandemic, we are now all required to wear face masks outdoors if we’re unable to practice social-distancing. Compliance with orders to wear face masks has been less than universal during the Black Lives Matter protests that have broken out over police brutality and racism, raising the specter of another coronavirus surge. Needless to say, if McCarthy’s misguided proposal had been approved, the Council would now be racing to repeal it.

Last September, McCarthy drew some guarded support from fellow councilors for his proposed face-mask ban, who noted that similar bans have been used to good effect against the Ku Klux Klan. Mayor Marty Walsh, in an interview with Jon Keller of WBZ-TV, said such a ban might make sense as long as there was an exemption for religious reasons.

At a subsequent Council meeting, though, mask-wearing opponents spoke out against the “absurdity” of the measure, according to a Boston Globe account. “Do you feel threatened right now?” asked Belmont resident Alex Marthews, who wore a mask to the hearing.

Anonymous speech is protected under the First Amendment. And it’s hard to see how an anti-mask ordinance could be enforced against those engaging in violence while leaving peaceful protesters alone.

Then again, wearing face masks in public is going to be with us for a long time. McCarthy’s idea, wrong-headed though it may have been, now seems like it’s from a distant, better world.

Portland (Maine) Police

Officers intimidate an outspoken critic by showing up at his house.

Journalist Christian MilNeil is the editor of the transportation website StreetsblogMASS, a former data reporter for the Portland Press Herald and a board member of the Portland Housing Authority. In other words, he’s not the sort of guy you would expect to spray two police substations with graffiti, as Portland Police officers claim and as he staunchly denies.

MilNeil believes the real reason that two officers showed up at his house one day last month was because of something rather different: his tweets that criticized the police. Based on the evidence, it appears that MilNeil is correct — and thus we are awarding a Muzzle to the Portland Police Department.

On June 9, as the officers approached, MilNeil took their photo through a window and tweeted: “IDK if this is related to my recent tweets but #portlandme police are at my home now and threatening arrest, they won’t say why.”

 

A short time later he added, “They’re making it pretty clear they’re upset with my recent tweets. One cop told my wife ‘I know about your preconceived notions of police — I know them for a fact.’” (MilNeil later said the officers did not specifically mention the tweets, but he inferred they had seen them from what they told his wife.)

It would appear that the officers were on a mission to intimidate an outspoken critic amid protests against police brutality. Among other things, MilNeil had tweeted about a police officer who’d killed people in 2017 and 2008 — the earlier incident because, according to MilNeil, the officer had “escalated a traffic stop.” He’s also tweeted in favor of defunding the police.

According to the Portland Press Herald, city spokeswoman Jessica Grondin said the graffiti had been written on two community policing substations, one of which was housed in a Portland Housing authority building. “It’s not because of the tweets,” she said in a text.

At deadline, it appeared that attempts were underway to get to the bottom of the incident. The Press Herald reported that City Councilor Kimberly Cook was seeking body-camera video of the encounter as part of the city’s investigation into how the police had responded to Black Lives Matter protests. The Press Herald filed a Freedom of Information Act request for the video, too, but was turned down, with the police citing investigatory exemptions.

Let’s hope some answers are forthcoming. It’s hard to imagine anything more chilling to free speech than having two police officers showing up on a critic’s doorstep and threatening prosecution on the basis of dubious charges.

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Trust is down, subscriptions are up — and the demand for objective news is falling

Previously published at WGBHNews.org.

The COVID-19 pandemic has given a boost to trusted sources of news such as television and online mainstream outlets, but has battered print newspapers for the simple reason that people find it harder to get their hands on them while on lockdown. And though paid digital subscriptions are on the rise, that may be driving a demand for coverage that’s more in line with readers’ political views.

Those are some of the findings of the 2020 Digital News Report, an annual study of news-consumption habits compiled by the Reuters Institute for the Study of Journalism and the University of Oxford. The new report is based on a YouGov survey of some 80,000 people in 40 markets, most of them Western democracies but also including countries such as Kenya and the Philippines.

“The seriousness of this crisis has reinforced the need for reliable, accurate journalism that can inform and educate populations, but it has also reminded us how open we have become to conspiracies and misinformation,” writes Nic Newman, senior research associate at the Reuters Institute.

The study was mainly conducted pre-pandemic, with some follow-up in late March and early April in order to determine how COVID had affected news habits. The report is massive, but there are a few findings that I think are worth highlighting.

• Trust in the media rose somewhat at the height of the pandemic, but overall it continues to fall. For me, the most striking finding is that news consumers said their levels of trust are low even in the media that they use.

Globally, trust in the media that people actually use was 46%, down three points from the previous survey. In the United States, 45% of respondents said they trust the news they use. In addition, 29% of U.S. respondents said they trust the news media in general, 22% said they trust news from search and only 14% said they trust news from social media.

If Americans no longer trust even the media they rely on, that represents a new and unsettling challenge for journalism — and a dramatic change from just a few years ago. For instance, take a look at this 2014 survey by the Pew Research Center. More than 60% of self-identified liberals said they trusted NPR, PBS, the BBC and The New York Times. Similarly, 88% of conservatives said they trusted Fox News.

What could explain the slide? No doubt it has a lot to do with the hyperpolarization of the Trump era. I can’t explain what’s going on among conservatives; Fox News is more popular than it’s ever been, and I assume that supporters of President Donald Trump watch it because they like it.

But among liberals, and especially among politically engaged Twitter users, we’ve all seen an exponential rise in anger when supposedly liberal outlets like the Times or NPR report the news in a way that plays down Trump’s lies and wanton acts of cruelty.

There is, in fact, some substance to these complaints, and the current media business climate makes news consumers feel empowered. Which brings me to my next observation.

• As advertising revenues plummet, paid digital subscriptions continue to rise. About 20% of Americans now report paying for a digital subscription, up four points in just a year. According to the report, the digital-subscription increase has come in two waves — the first in 2017, when anti-Trump readers stepped forward to support mainstream outlets, and the second this year, as news outlets cut back on free sampling while enticing new subscribers with steep discounts. (Such discounts, for example, help account for a surge at The Boston Globe to more than 200,000 digital subscribers.)

Traditionally, advertising paid for newspaper journalism while the nominal amount that consumers paid covered the cost of printing and distribution. As advertising continues to decline in importance, though, subscribers may be demanding a bigger say in how the news is covered.

At a webinar on the Reuters report on Tuesday, Rasmus Nielsen, director of the Reuters Institute, said one of the reasons Americans, in particular, cite when asked why they subscribe to digital news is “because they believe in the mission of journalism and they want to support it.”

Given the overwhelmingly liberal orientation of subscribers to The New York Times and The Washington Post, the two leading national general-interest newspapers, it would hardly be a surprise if they see harshly negative coverage of the Trump administration as part of that mission.

And yet that runs counter to the third finding that I think is worth noting.

• Most survey respondents say they prefer neutral, objective news. This contradicts fears that an explosion of internet outlets and cable channels would lead many of us to seek out news that conforms to our ideological predilections. In the U.S., for instance, 60% “still express a preference for news without a particular point of view,” whereas 30% prefer news that reflects their beliefs.

In many other countries, though, the preference for nonpartisan news is higher than it is in the U.S. — and the percentage of American consumers who want ideologically compatible news is up seven points since 2013.

No doubt the difference between the U.S. and other countries is grounded in the sort of polarization that dismisses COVID as “fake news” and that has transformed wearing a face mask into a partisan political statement.

In addition, the report noted that countries where the preference for neutral news is highest — Germany, Japan, the United Kingdom and Denmark — all have “strong and independent public broadcasters.” That is decidedly not the case in the U.S., where the federal government spends more on the Pentagon’s public-relations office than on PBS.

Bottom line: Although it’s somewhat heartening that a solid majority of Americans prefer objective news to partisan spin, we’re not doing as well as other countries — and the trend is heading in the wrong direction.

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Sorting through the racially charged wreckage of the Pittsburgh Post-Gazette

Previously published at WGBHNews.org.

Even as national attention was focused on the latest internal drama at The New York Times, a disturbing, racially charged crackdown was playing out in a newsroom nearly 400 miles to the west. Pay attention, because what’s happening at the Pittsburgh Post-Gazette threatens the ability of journalists everywhere to exercise their conscience and cover their communities with integrity and empathy. Consider:

• Alexis Johnson, an African American reporter, was taken off the Black Lives Matter beat as punishment for an innocuous tweet about litter.

• Michael Santiago, a Black photographer who expressed his support for her, quit after he, too, was pulled from covering the protests.

• Stories by other reporters who’d retweeted Johnson in solidarity were removed from the web.

• A supermarket chain announced that it would stop carrying the paper.

• The union that represents some 140 of the Post-Gazette’s employees called on the editor and the managing editor to resign.

The story is still playing out — but it’s only the latest misstep by a paper that has been in turmoil for several years as it has lurched to the political right.

While the chattering classes have obsessed over the departure of New York Times editorial-page editor James Bennet and Philadelphia Inquirer executive editor Stan Wischnowski, both of whom misjudged the rising anger in their newsrooms over issues of race, diversity and privilege, what’s happening in Pittsburgh may prove to be more important. Ultimately, the Post-Gazette is a story about what happens when a newspaper’s ownership becomes so insular and out of touch that its ability to serve the community is called into question.

Some background. On June 4, the alternative Pittsburgh City Paper reported on a memo from the Newspaper Guild of Pittsburgh that Johnson had been yanked from demonstrations protesting the police killing of George Floyd in Minneapolis. Her offense: a tweet in which she humorously — but pointedly — compared the damage caused by looters to the mess left behind by tailgaters at a Kenny Chesney concert:

“Horrifying scenes and aftermath from selfish LOOTERS who don’t care about this city!!!!! …. oh wait sorry. No, these are pictures from a Kenny Chesney concert tailgate. Whoops.”

 

The situation quickly spun out of control, blossoming into a national story and attracting the attention of The New York Times. Johnson said she was told by the paper’s managing editor, Karen Kane, as well as other editors that she was being taken off the protest beat because she had expressed an opinion in her tweet that showed she couldn’t be fair.

That, in turn, led to accusations that Johnson was being punished for reporting while Black — drawing a blistering response from the paper’s editor, Keith Burris.

“Editors at this newspaper did not single out a black reporter and a black photographer and ban them from covering Pittsburgh protests after the killing of George Floyd,” Burris wrote in a column published by the Post-Gazette. “And we certainly did not single out two people and keep them from covering local protests because they were black. That is an outrageous lie — a defamation, in fact.”

Johnson wasn’t buying Burris’ explanation. In an interview with CNN’s Brian Stelter on the “Reliable Sources” podcast, she accused her bosses of being simultaneously clueless and self-serving. “I can only conclude that it was because I was a Black woman and I was speaking on an issue that involves Black Lives Matter,” she said. “I said that to them at that moment, ‘I feel like it’s because it’s a Black issue that you feel like I have this bias.’”

Management’s contention that her Kenny Chesney tweet expressed an opinion about an issue that she was covering seems like a considerable stretch. But even if you grant that it was inappropriate (which I don’t), Johnson had a compelling retort. “Keith Burris is still head of our editorial board. And he’s also our executive editor of the newsroom,” she told Stelter. “So for them to claim that I have a bias is pretty ironic. And not only that, he continues to write columns for us, he continues to give his opinion, and then comes over to the news and tells us what to write and what angles he wants us to have. So it’s just a lot of hypocrisy.”

For the Post-Gazette, it’s been a rapid descent. As recently as 2019 the paper won a Pulitzer Prize for its heart-breaking coverage of the mass shootings at the Tree of Life Synagogue. But the paper’s respected editor, David Shribman, a former Washington bureau chief for The Boston Globe, took early retirement, paving the way for Burris to claim the top newsroom job while keeping his hand in on the opinion side as well.

In late 2019, Washington Post media columnist Margaret Sullivan documented a series of bizarre and disturbing incidents, including a newsroom tirade by publisher John Block; the firing of cartoonist Rob Rogers for harshly lampooning President Donald Trump; and an editorial written by Burris that defended Trump against charges of racism following Trump’s outburst over “shithole countries.” The editorial was published on Martin Luther King Jr. Day.

The Post-Gazette has been owned for decades by the Block family, which also owns The Blade of Toledo, Ohio, as well as television stations and cable holdings. Even though there has been no change in ownership, the Post-Gazette was regarded as generally liberal for most of its recent history. Indeed, the late right-wing financier Richard Mellon Scaife, a conspiracy theorist who promoted the false story that Hillary Clinton was involved in the death of Vincent Foster, launched the Pittsburgh Tribune-Review to provide a conservative alternative to the Post-Gazette.

In recent years, though, John Block, known as “J.R.,” has become increasingly enamored of President Trump, turning the Post-Gazette into a right-wing mouthpiece. In a sense, the Pittsburgh newspaper war is now over, and Scaife won. Media ownership is haphazard, and it’s the luck of the draw as to whether a community is served by a civic-minded business leader, a cost-cutting corporate chain or — as appears to be the case in Pittsburgh — a family publisher who puts his personal politics above journalism.

As is the case in many cities, the newspaper economics of Pittsburgh have proved daunting. The Post-Gazette appears in print only three days a week — Thursday, Friday and Sunday — while relying on digital distribution the other four days. The Tribune-Review lives on, sort of, as a digital-only publication called TRIB Live.

At this point, the question for readers of the Post-Gazette is: What’s next? Much of the staff has risen up in revolt over the treatment accorded to Johnson, and management shows no sign of backing down. What happens in the days ahead will tell us a lot about the future of a once-excellent newspaper.

As Johnson put it in her interview with CNN: “The Post-Gazette has chosen to be on the wrong side of history.”

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Pandemics and White House demagogues: How Wilson and Trump made everything worse

Woodrow Wilson in 1914. Photo via the Library of Congress.

Previously published at WGBHNews.org.

The pandemic was spread not just by germs but by politics. The virus would have killed many Americans in any case. But a demagogue occupied the White House, and measures that could have reduced the number of victims — a ban on large gatherings, for instance, as well as an honest reckoning with the public — were discouraged at the highest levels. In the end, a tragedy that was the result of natural forces was made immeasurably worse by human failure.

You may think I’m describing President Donald Trump’s response to COVID-19. In fact, I’m referring to Woodrow Wilson and the influenza pandemic of 1918. According to John M. Barry’s 2005 book “The Great Influenza: The Story of the Deadliest Pandemic in History,” a considerable amount of suffering and death could have been prevented were it not for Wilson’s messianic mobilization for war.

“America had never been and would never be so informed by the will of its chief executive, not during the Civil War with the suspension of habeas corpus, not during Korea and the McCarthy period, not even during World War II,” Barry writes. “He would turn the nation into a weapon, an explosive device.
“As an unintended consequence, the nation became a tinderbox for epidemic disease as well.”

One example of how Wilson’s embrace of total war worsened the pandemic will suffice. In Philadelphia, the inept public health director, Wilmer Krusen, refused to take action even after the flu began to rip through the city — spread, as was so often the case, by troops being shipped around the country.

At the same time, Wilson’s propaganda chief, George Creel, exerted enormous pressure on Americans to buy Liberty Bonds in order to pay for the war effort — an outgrowth of Creel’s chilling mantra, “100% Americanism.” The newspapers didn’t dare question the official line, which was that the flu was no big deal. And so Philadelphia went ahead with a parade to promote Liberty Bonds, an event that turned out to be a major vector in the spread of the disease.

All told, about 20,000 people died in the Philadelphia outbreak — and, as described by Barry, death from the 1918 flu was gruesome, with victims turning deep blue as their lungs became unable to process oxygen and with blood pouring out of every orifice.

In all, about 675,000 people in the U.S. died from the 1918 flu (the equivalent of nearly 2 million today), and perhaps as many as 50 million worldwide.

By failing to level with the public, according to Barry, Wilson made a bad situation much worse. Barry writes that “as horrific as the disease itself was, public officials and the media helped create that terror — not by exaggerating the disease but by minimizing it, by trying to reassure…. In 1918 the lies of officials and of the press never allowed the terror to condense into the concrete. The public could trust nothing and so they knew nothing. Society is, ultimately, based on trust; as trust broke down, people became alienated not only from those in authority, but from each other.”

And here’s where the parallels to our current situation are especially telling. Trump wanted to minimize COVID in order to save the stock market — not, as Wilson would have it, to make the world safe for democracy. Nevertheless, both Wilson and Trump played down the seriousness of the invisible enemy that had invaded our shores. As reported by The Washington Post, Trump dithered for more than two months — a time when the threat was becoming increasingly clear, and when steps could have been taken to minimize COVID’s spread.

According to scientists at Columbia University, some 36,000 lives could have been saved in the U.S. if social-distancing had been put in place just a week earlier — on March 8 instead of March 15.

Moreover, although the press isn’t under the threat of censorship today as it was in 1918, Trump has what is essentially his own media outlet — Fox News — which has been spreading disinformation from the start of the pandemic and cheering on the mask-disdaining anti-shutdown protesters who invaded statehouses a few weeks ago. Pandemic disease has become just another manifestation of the partisan divide. The result: More than 110,000 Americans have died, one-quarter of the worldwide total.

The analogies between 1918 and 2020 aren’t perfect, of course. Despite Wilson’s many flaws, he probably couldn’t have avoided entering World War I. The response to the influenza could have been managed better, but there were limits to what could be done during wartime.

Trump, on the other hand, has been an active impediment to anti-COVID measures by spouting false information about drugs and (lest we forget) bleach, by refusing to wear a mask in public and by interfering with state efforts to obtain medical equipment and supplies.

Also unlike 1918, the media are reporting plenty of uncensored, reliable information. The problem today isn’t censorship; rather, it’s a parallel universe of right-wing media more dedicated to advancing Trump’s political prospects than to the truth.

Now we are in the midst of our darkest period in many years, as we deal not just with COVID and economic calamity but with the Black Lives Matter protest movement, a long-overdue response to racism following the police killing in Minneapolis of George Floyd, and of the deaths of numerous other Black men and women at the hands of police and racist vigilantes. As others have observed, we are simultaneously reliving the pandemic of 1918, the depression of the 1930s and the turmoil of 1968. A better, more just country may come out of this, but that doesn’t make the moment any easier to process.

One aspect of Barry’s book struck me as both unlike and yet resonant with the present crisis. At root, Barry tells a medical detective story, going into great detail about the lives of a small handful of scientists who attempted to find a vaccine and a cure for the flu. Modern medicine was in its infancy then. When a treatment for diphtheria was developed in 1891, it was the first time in history that any disease had been cured. A quarter-century later, the number of eminent scientists called to work on the 1918 influenza outbreak could be counted on two hands.

And they failed.

Today we know so much more — yet our experts have been groping for answers, too, changing their guidance on face masks and warning us that they may fall short in their frantic search for a vaccine and/or a cure.

Barry quotes one of the 1918 researchers, Victor Vaughan, as saying in disgust: “Doctors know no more about this flu than 14th-century Florentine doctors had known about the Black Death.”

It’s a lesson in humility and patience that we should keep in mind. After all, the flu pandemic eventually burned out of its own accord. COVID will, too. But coming up with solutions to racism, police brutality and economic injustice, the other unfinished business of 2020, is going to be up to all of us.

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No, The New York Times shouldn’t have published Tom Cotton’s ugly little screed

Sen. Tom Cotton. Photo (cc) 2013 by Gage Skidmore.

Previously published at WGBHNews.org.

The New York Times may be rethinking its decision to publish Arkansas Sen. Tom Cotton’s terrible, offensive op-ed piece endorsing the use of military force to crush the violent protests that have broken out around the country following the brutal police killing of George Floyd in Minneapolis.

Though Cotton’s essay was posted online Wednesday, it doesn’t appear in today’s print edition. And, at least at the moment, you have to scroll to the bottom of the digital opinion section in order to find it.

Should it have run? On the face of it, an op-ed by an influential Republican senator deserves consideration no matter how awful it might be. By tradition, newspaper opinion pages in the United States are ideologically diverse. Though the Times’ editorial pages are liberal, they also feature conservative columnists and, on occasion, provocative right-wing outside contributors like Cotton. Not every piece can or should cater to the views of the Times’ mostly liberal readership.

Editorial-page editor James Bennet defended his decision to run the piece. “Times Opinion owes it to our readers to show them counter-arguments, particularly those made by people in a position to set policy,” he tweeted. “We understand that many readers find Senator Cotton’s argument painful, even dangerous. We believe that is one reason it requires public scrutiny and debate.”

But not every opinion deserves to be aired. Presumably the Times would not run an op-ed by a white supremacist calling for a return to Jim Crow laws, or a communist who wants to send billionaires to forced-labor camps.

Cotton’s piece isn’t quite that bad. But here are three reasons that it shouldn’t have run.

First, by calling for government-sanctioned violence against protesters, Cotton may be endangering lives. A number of Times employees took to Twitter to blast the piece. The Washington Post reports: “Several tweeted the same message — ‘Running this puts Black @nytimes staffers in danger’ — with a screen shot of the editorial’s headline, ‘Tom Cotton: Send In The Troops.'”

Second, just two days earlier Cotton took to Twitter and demanded, “No quarter for insurrectionists, anarchists, rioters, and looters.” As The Bulwark notes, “The phrase ‘no quarter’ means killing enemy combatants rather than taking any prisoners.” Cotton, a retired Army captain, presumably knows that’s a war crime. Bennet should have told Cotton he had disqualified himself when the senator came peddling his op-ed.

Third, Cotton makes a dangerous, unsubstantiated claim in his op-ed — that “cadres of left-wing radicals like antifa [are] infiltrating protest marches to exploit Floyd’s death for their own anarchic purposes.” That echoes rhetoric from President Donald Trump and Attorney General William Barr, but there is no evidence of it, according to The Associated Press. Again, where were Bennet and the other editors? As the oft-cited Daniel Patrick Moynihan rule would have it, you’re entitled to your own opinion, but not your own facts.

I thought Bina Venkataraman, The Boston Globe’s editorial-page editor and herself a Times alum, put it well in a thread Wednesday night, writing that “there is a distinction btw a ‘provocative’ opinion that ought to be aired & a dangerous point of view like Cotton’s that already had the largest megaphone in the country: the bully pulpit occupied by the president of the United States.”

She added: “The Cotton oped neither enriches understanding nor offers new ideas — nor does it even break news; everyone paying attention already knew the senator fell in line with the president.”

https://twitter.com/binajv/status/1268359286289240065?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1268359286289240065%7Ctwgr%5E&ref_url=https%3A%2F%2Fwww.wgbh.org%2Fnews%2Fcommentary%2F2020%2F06%2F04%2Fno-the-new-york-times-shouldnt-have-published-tom-cottons-ugly-little-screed

 

So no, Cotton’s piece shouldn’t have been published — not because Times readers shouldn’t be exposed to views with which they disagree, but because it was an ugly little screed that failed to meet basic ethical and journalistic standards.

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We shouldn’t let Trump’s Twitter tantrum stop us from taking a new look at online speech protections

Photo (cc) 2019 by Trending Topics 2019

Previously published at WGBHNews.org.

It’s probably not a good idea for us to talk about messing around with free speech on the internet at a moment when the reckless authoritarian in the White House is threatening to dismantle safeguards that have been in place for nearly a quarter of a century.

On the other hand, maybe there’s no time like right now. President Donald Trump is not wrong in claiming there are problems with Section 230 of the Telecommunications Act of 1996. Of course, he’s wrong about the particulars — that is, he’s wrong about its purpose, and he’s wrong about what would happen if it were repealed. But that shouldn’t stop us from thinking about the harmful effects of 230 and what we might do to lessen them.

Simply put, Section 230 says that online publishers can’t be held legally responsible for most third-party content. In just the past week Trump took to Twitter and falsely claimed that MSNBC host Joe Scarborough had murdered a woman who worked in his office and that violent protesters should be shot in the street. At least in theory, Trump, but not Twitter, could be held liable for both of those tweets — the first for libeling Scarborough, the second for inciting violence.

Ironically, without 230, Twitter no doubt would have taken Trump’s tweets down immediately rather than merely slapping warning labels on them, the action that provoked his childish rage. It’s only because of 230 that Trump is able to lie freely to his 24 million (not 80 million, as is often reported) followers without Twitter executives having to worry about getting sued.

As someone who’s been around since the earliest days of online culture, I have some insight into why we needed Section 230, and what’s gone wrong in the intervening years.

Back in the 1990s, the challenge that 230 was meant to address had as much to do with news websites as it did with early online services such as Prodigy and AOL. Print publications such as newspapers are legally responsible for everything they publish, including letters to the editor and advertisements. After all, the landmark 1964 libel case of New York Times v. Sullivan involved an ad, not the paper’s journalism.

But, in the digital world, holding publications strictly liable for their content proved to be impractical. Even in the era of dial-up modems, online comments poured in too rapidly to be monitored. Publishers worried that if they deleted some of the worst comments on their sites, that would mean they would be seen as exercising editorial control and were thus legally responsible for all comments.

The far-from-perfect solution: take a hands-off approach and not delete anything, not even the worst of the worst. At least to some extent, Section 230 solved that dilemma. Not only did it immunize publishers for third-party content, but it also contained what is called a “Good Samaritan” provision — publishers were now free to remove some bad content without making themselves liable for other, equally bad content that they might have missed.

Section 230 created an uneasy balance. Users could comment freely, which seemed to many of us in those more optimistic times like a step forward in allowing news consumers to be part of the conversation. (That’s where Jay Rosen’s phrase “the people formerly known as the audience” comes from.) But early hopes faded to pessimism and cynicism once we saw how terrible most of those comments were. So we ignored them.

That balance was disrupted by the rise of the platforms, especially Facebook and Twitter. And that’s because they had an incentive to keep users glued to their sites for as long as possible. By using computer algorithms to feed users more of what keeps them engaged, the platforms are able to show more advertising to them. And the way you keep them engaged is by showing them content that makes them angry and agitated, regardless of its truthfulness. The technologist Jaron Lanier, in his 2018 book “Ten Arguments for Deleting Your Social Media Accounts Right Now,” calls this “continuous behavior modification on a titanic scale.”

Which brings us to the tricky question of whether government should do something to remove these perverse incentives.

Earlier this year, Heidi Legg, then at Harvard’s Shorenstein Center on Media, Politics and Public Policy, published an op-ed in The Boston Globe arguing that Section 230 should be modified so that the platforms are held to the same legal standards as other publishers. “We should not allow the continued free-wheeling and profiteering of this attention economy to erode democracy through hyper-polarization,” she wrote.

Legg told me she hoped her piece would spark a conversation about what Section 230 reform might look like. “I do not have a solution,” she said in a text exchange on (what else?) Twitter, “but I have ideas and I am urging the nation and Congress to get ahead of this.”

Well, I’ve been thinking about it, too. And one possible approach might be to remove Section 230 protections from any online publisher that uses algorithms in order to drive up engagement. When 230 was enacted, third-party content flowed chronologically. By removing protections from algorithmic content, the law would recognize that digital media have fundamentally changed.

If Jack Dorsey of Twitter and Mark Zuckerberg of Facebook want to continue profiting from the divisiveness they’ve helped foster, then maybe they should have to pay for it by assuming the same legal liability for third-party content as print publishers. Dorsey would quickly find that his tentative half-steps are insufficient — and Zuckerberg would have to abandon his smug refusal to do anything about Trump’s vile comments.

But wouldn’t this amount to heavy-handed government regulation? Not at all. In fact, loosening Section 230 protections would push us in the opposite direction, toward deregulation. After all, holding publishers responsible for libel, invasions of privacy, threats of violence and the like is the default in our legal system. Section 230 was a regulatory gift, and it turns out that we were too generous.

Let me concede that I don’t know how practical my idea would be. Like Legg, I offer it out of a sense that we need to have a conversation about the harm that social media are doing to our democracy. I’m a staunch believer in the First Amendment, so I think it’s vital to address that harm in a way that doesn’t violate anyone’s free-speech rights. Ending special regulatory favors for certain types of toxic corporate behavior seems like one way of doing that with a relatively light touch.

And if that meant Trump could no longer use Twitter as a megaphone for hate speech, wild conspiracy theories and outright disinformation, well, so much the better.

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With Biden pulling ahead, the media must avoid the poll-driven mistakes of 2016

Jill and Joe Biden in Des Moines last Fourth of July. Photo (cc) 2019 by Gage Skidmore.

Previously published at WGBHNews.org.

From the moment that former Vice President Joe Biden emerged as the presumptive Democratic nominee, political observers have been proceeding on the assumption that this year’s presidential election will be close.

But what if the dynamics are changing? What if President Donald Trump — behind in the polls even before the COVID-19 pandemic and falling further behind now — is written off as a political goner? Can the media handle it? Or will we see a repeat of 2016, when Hillary Clinton was subjected to a disproportionate amount of negative scrutiny on the grounds that Trump, as we all thought we knew, had no chance of winning?

First, let me lay out the evidence that Trump is starting to look unelectable — keeping in mind, of course, that he looked unelectable four years ago, too. Then I’ll loop back to what the media’s role ought to be in a campaign in which one candidate seems like the all-but-certain winner.

From the moment he took the oath of office, Trump has been a historically unpopular president. According to FiveThirtyEight’s polling average as of Monday, 42.7% approve of his job performance and 53.5% disapprove. That’s in line with his numbers for most of his presidency, and it represents a dip from the rally-round-the-flag bump he got after he belatedly started to address the pandemic.

Moreover, there were indications even before the pandemic that Trump would lose his re-election bid by a wide margin. For instance, in the very first sentence of his new book, “Downfall: The Demise of a President and His Party,” the political scientist Andrew Hacker of Queens College asserts: “There is not even a long-odds chance that Donald Trump will gain a second term.”

Although Hacker’s argument is backed up with a considerable amount of data, it essentially comes down to this: The blue wave that enabled the Democrats to take back the House in 2018 is almost certain to be followed by an even bigger blue wave in 2020, overwhelming any attempts at voter suppression or Electoral College math that would otherwise favor Trump.

Trump’s prospects have only deteriorated in the face of his cruel and incompetent response to COVID. Oxford Economics, which has a solid track record of calling presidential races dating back to 1948, is currently predicting that Trump will receive only 35% of the popular vote and lose the Electoral College by a margin of 328 to 210. The RealClearPolitics polling average as of Monday showed Biden ahead by more than 5 points and leading in battleground states such as Wisconsin, Pennsylvania and Florida.

So, good news for Biden, right? Not necessarily. Because if it looks like a Biden blowout, he may be held to a different, higher standard than Trump.

We all remember what happened in 2016. Clinton’s relatively minor shortcomings over issues like her speech transcripts and, oh yes, her emails were covered as though they were the equivalent of Trump’s stream of racist outbursts, revelations about his corrupt foundation and his boasts, caught on tape, that he had sexually assaulted women.

In his definitive study of how the media performed during the 2016 campaign, the political scientist Thomas E. Patterson of the Harvard Kennedy School wrote that “indiscriminate criticism has the effect of blurring important distinctions. Were the allegations surrounding Clinton of the same order of magnitude as those surrounding Trump? It’s a question that journalists made no serious effort to answer during the 2016 campaign. They reported all the ugly stuff they could find, and left it to the voters to decide what to make of it.”

(Incidentally, Patterson has a new book out called “Is the Republican Party Destroying Itself?” Spoiler alert: He thinks the answer is “yes.”)

Unfortunately, we may be seeing the same thing happen again. Yes, the media showed some restraint in covering Tara Reade’s allegations of sexual assault against Biden, with Politico and the PBS NewsHour doing an especially good job of reporting problems with her credibility. But the smear lingers — despite Biden’s denial, and despite the 25 women who’ve accused Trump of similar and worse misconduct.

The media have risen to the bait regarding Trump’s claims that there was something called an “Obamagate” scandal in 2016. Although Trump hasn’t bothered to flesh it out, it appears to be based on his fury that his campaign’s well-documented ties to Russian interests (see thisthis and this) were the subject of an FBI investigation.

“It’s becoming clear that journalists never fully reckoned with the mistakes of 2016 campaign coverage,” wrote Washington Post media columnist Margaret Sullivan recently. “We know this because they seem poised to repeat them.”

And look at what happened over the weekend. Biden had to apologize for joking with the African American radio host Charlamagne Tha God that “you ain’t black” if he was still trying to decide between him and Trump.

Trump, meanwhile, went off on a sociopathic bender, retweeting attacks on Hillary Clinton (a “skank”), House Speaker Nancy Pelosi (a drunk), Democratic vice-presidential hopeful Stacey Abrams (she’s fat) and repeating his nauseating and utterly false innuendo that MSNBC host Joe Scarborough murdered a female staff member when he was a congressman in 2001.

Guess which story got more attention? To be fair, the press did take note that Trump went golfing and made no mention of the COVID pandemic as the U.S. death toll neared 100,000. But by every indication, it seems that Biden is going to be held to a more stringent standard — and his lead in the polls may have something to do with it.

What would better coverage look like?

First, the media should ignore the polls — not all the time, but most of the time. And they certainly shouldn’t decide who deserves the hairy eyeball on the basis of who’s ahead and who’s behind.

Second, the political press should report on what really matters. Gaffes, of which Biden will make plenty, are worth a tweet, maybe. Phony scandals ginned up by an increasingly desperate president and his supporters should get less than that.

Instead, the press should focus on offering an honest, fair-minded appraisal of the candidates’ character, leadership abilities and experience. And that coverage should look the same no matter who’s ahead or by how much.

Because we all know that regardless of what the polls and the models say, either candidate could win.

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Conspiracy Nation: Why Trump Jr.’s smear of Biden was even worse than it seemed

WGBH News illustration by Emily Judem.

Previously published at WGBHNews.org.

Over the weekend, Donald Trump Jr. posted a shockingly offensive message on Instagram claiming that former Vice President Joe Biden is a child molester. Next to an image of Biden appeared the words “See you later, alligator!” Below was a photo of an alligator with the retort “In a while, pedophile!” (No, I won’t link to it.)

Outrage came swiftly. “The dangerous and untrue charge of pedophilia is the new marker — so far — of how low the Trump campaign will go to smear Biden,” wrote Chris Cillizza at CNN.com. Jonathan Martin of The New York Times called it “an incendiary and baseless charge.” In The Guardian, Martin Pengelly said “most observers” (was that qualifier really necessary?) regarded it as “beyond the pale even in America’s toxic political climate.”

What few analysts noticed, though, was that Trump Jr.’s vile accusation, which he later claimed was a joke, lined up perfectly with a conspiracy theory known as QAnon. Bubbling out of the darkest corners of the internet, the theory claims, in broad strokes, that President Donald Trump is secretly working to destroy a plot led by the Clintons — but of course! — and other Democrats who engage in child abuse and cannibalism. And in order to defeat these malign forces we must heed the cryptic messages of Q, an insider who is helping Trump rout the forces of evil and save the world.

QAnon, in effect, is the ur-theory connecting everything from Pizzagate to paranoia about the “deep state” to regarding impeachment as a “hoax,” as Trump has put it. The Trumps have dabbled in QAnon from time to time as a way of signaling their most wild-eyed supporters that they’re on board. But there’s no exaggerating how dangerous all of this is.

We are living, unfortunately, in a golden age of conspiracy theories. Some, like Alex Jones of Infowars infamy, claim that mass shootings are actually carried out by “crisis actors” in order to give the government a rationale to seize everyone’s guns. Then there’s the anti-vaccine movement, currently standing in the way of any rational response to the COVID-19 epidemic. Indeed, a widely watched video called “Plandemic” falsely claims, among other things, that face masks make you sick and that people who’ve had flu shots are more likely to get COVID.

There’s nothing new about conspiracy theories, just as there’s nothing new about so-called fake news. Never mind the assassination of John F. Kennedy, the subject of a new, weirdly compelling 17-minute song-poem by Bob Dylan called “Murder Most Foul.” A century earlier, there were those who blamed (take your pick) Confederate President Jefferson Davis or Pope Pius IX for the assassination of Abraham Lincoln.

But conspiracy theorizing in the 21st century is supercharged by the internet, with a significant assist from Trump. Trump has indulged not just QAnon but also Alex Jones, the anti-vaxxers and all manner of foolishness about the deep state — the belief that the U.S. government is run by a shadowy cabal of bureaucrats and military officials who are seeking to undermine the president. At its heart, that’s what Trump seems to be referring to when he tweets about “Obamagate!,” a scandalous crime lacking both a scandal and a crime. And let’s not forget that Trump began his political career with a conspiracy theory that he made his own: falsely claiming that Barack Obama was not born in the United States and was thus ineligible to serve as president.

In recent days, the media have converged in an attempt to explain and debunk these various conspiracy theories. Last week, public radio’s “On the Media” devoted a segment to QAnon and “Plandemic.” The investigative website ProPublica has published a guide on how to reason with believers. The American Press Institute has offered tips for reporters. The Conversation, which brings academic research to a wider public, has posted an article headlined “Coronavirus, ‘Plandemic’ and the seven traits of conspiratorial thinking.”

By far the most ambitious journalistic effort is a special project published by The Atlantic called “Shadowland.” And the heart of it is a nearly 10,000-word article by the executive editor, Adrienne LaFrance, profiling the QAnon phenomenon and how it has infected thousands of ordinary people.

“QAnon is emblematic of modern America’s susceptibility to conspiracy theories, and its enthusiasm for them,” LaFrance writes. “But it is also already much more than a loose collection of conspiracy-minded chat-room inhabitants. It is a movement united in mass rejection of reason, objectivity, and other Enlightenment values. And we are likely closer to the beginning of its story than the end.”

What makes QAnon, “Plandemic” and other conspiracies so powerful is that believers have an explanation for every countervailing truth. Experts and others in a position of authority are automatically cast as part of the conspiracy, whether you’re talking about Dr. Anthony Fauci, Hillary Clinton or Joe Biden.

“For QAnon, every contradiction can be explained away; no form of argument can prevail against it,” LaFrance writes. This type of belief system is sometimes referred to as “epistemic closure” — the idea is that believers live in a self-contained bubble that explains everything and that can’t be penetrated by contrary facts.

What can the media do in the face of such intense beliefs? In all likelihood, the answer is: not much. There is a school of thought among some press critics that if only news organizations would push harder, prevaricate less and devote themselves more fully to truth-telling rather than to reporting “both sides,” then a new dawn of rationality would surely follow. But that fundamentally misunderstands the problem, because the mainstream, reality-based media are regarded as part of the conspiracy. Journalism is grounded in the Enlightenment values that LaFrance invokes — the expectation that false beliefs will give way when confronted by facts and truth. Unfortunately, that’s not the world we live in today.

It should be noted that after Donald Trump Jr. posted his hideous attack on Joe Biden, Instagram neither deleted his post nor took down his account. Instagram, as you probably know, is owned by Facebook and is thus firmly ensconced within the Zuckerborg, which wants us all to believe that it is so very much concerned about truth and hate speech.

Thus does such garbage become normalized. You see a reference to Biden as a pedophile, and it seems off the wall. But then you remember he’s apologized for being handsy with women. And wasn’t he accused of sexual assault? And now look — there’s something on the internet about Democrats and pedophilia. Gosh, how are we supposed to know what to think?

Welcome to our nightmare.

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The Boston Globe reaches a long-sought goal: 200,000 digital subscribers

Photo (cc) 2006 by MyEyeSees.

Previously published at WGBHNews.org.

The Boston Globe now has more than 200,000 digital subscribers, editor Brian McGrory said at a Zoom gathering of the Society of Professional Journalists’ New England chapter earlier this week.

Much of the recent growth, he said, has been driven by interest in the Globe’s coverage of the COVID-19 pandemic. In a follow-up email, McGrory told me that the number of digital-only subscribers has risen from about 145,000 just before the pandemic to nearly 205,000 today.

“It took us 7 years to get our first 100,000 digital-only subscribers, and about 11 months to get to 200,000,” he said, adding: “The rise has been substantial, gratifying, and important in terms of supporting our journalism…. We’re the only metro paper that could support the current size of its newsroom through revenue from digital subscribers.”

That 200,000 mark has been a goal for a long time. When I interviewed McGrory in early 2016 for my book “The Return of the Moguls,” he told me, “If we got to 100,000 things would be feeling an awful lot better. And if we got to 200,000, I think we’d be well on our way to establishing a truly sustainable future.”

This week’s landmark comes with some caveats, though.

First, most of those new subscriptions were sold at a steep discount, generally in the range of $1 a month for the first six months. Given that the Globe’s profitability (pre-COVID, anyway) was built on an industry-high rate of $30 a month, the paper will presumably face a challenge in keeping those new subscribers.

Second, although we’ve been heading into the post-advertising era for quite a while, the pandemic has sent ad revenues across the newspaper business into a steep downward plunge. As the newspaper analyst Ken Doctor wrote for Nieman Lab in late March, “Advertising, which has been doing a slow disappearing act since 2008, has been cut in half in the space of two weeks. It’s unlikely to come back quickly — the parts that do come back at all.”

Nor has the Globe been immune from budget cuts. Co-op students, summer internships and freelance were cut right at the start of the shutdown. Don Seiffert recently reported in the Boston Business Journal that there have been an unspecified number of layoffs in advertising and other non-news operations, as well as reduced retirement contributions, in response to “significant” reductions in revenue.

Still, that’s minimal compared to what’s taking place across the newspaper business. The New York Times reported several weeks ago that some 36,000 news employees throughout the United States have been laid off, furloughed or had their pay cut. Many papers have cut back on the number of print days or eliminated print altogether. Some are closing. Poynter Online is keeping a list of cuts, and it is long and daunting.

The three leading national papers — The New York Times, The Washington Post and The Wall Street Journal — have been exceptions to the death-of-newspapers narrative for several years. But among the big regional papers, the Globe is doing better than all but a handful. In late 2018, publisher John Henry said the paper had achieved profitability. A year ago, Joshua Benton reported in Nieman Lab that the Globe had become the first U.S. regional paper to sign up more digital subscribers than weekday print subscribers.

But print still accounts for a lot of revenue in the newspaper business. Last week the Times reported that its shrinking print edition still accounted for more than half of its revenues. The Globe charges about $1,300 for seven-day print delivery. That’s a lot of money, but its print subscriber base continues to shrink. According to the Globe’s most recent filing with the Alliance for Audited Media, weekday print circulation is under 85,000 and Sunday print is about 147,000.

During the SPJ session, McGrory was asked why the Globe has kept COVID-19 coverage behind a paywall given that some other news organizations have made it free. McGrory responded that pandemic coverage is already free at two other Globe-owned sites: Stat News, which covers health and life sciences, and Boston.com. He added that he didn’t see cost as an obstacle in light of the discounts.

Via email, I asked McGrory about what steps the Globe was taking to keep all of its new subscribers once they were asked to pay $30 a month. “We’ve significantly ratcheted up the rate at which we’re graduating people from the low introductory rate into the full rate,” he replied. “We were doing really well with that retention before the coronavirus hit, and far better since.”

He added: “To keep the new subscribers who are part of this surge, we’re doing a lot of outreach — letters from notable staff members and the like. We’re also doing gifts, a possible loyalty program, virtual events for new subscribers…. There’s more. These readers are so vital to our future, and we want to let them know that. Of course, the most important thing is to feed them consistently strong and relentlessly interesting journalism. We will be in a huge news cycle for many, many months, between the virus and the massive economic disruption that it’s caused, inequality laid devastatingly bare, an epic presidential race, a reordering of so many things core to so many of our lives, condensed sports seasons, and on and on.”

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