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by Ben L. Kaufman 10.17.2012
 
 
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Curmudgeon Notes 10.17.2012

Media musings on Cincinnati and beyond

• Look at the rare collection of Enquirer photos at the National Underground Freedom Center.  They’ve been reprinted and for many, reprinted copies of original pages are nearby.

The show is part of the much larger Fotofocus at many venues. Unfortunately, the Enquirer chose the Freedom Center which charges $12 admission; many Fotofocus displays are in admission-free venues such as the YWCA or UC’s Gallery on Sycamore.

I think the oldest photo is from 1948, a one-legged veteran leading a parade to commemorate the end of WWI 30 years earlier. Many are by photographers with whom I worked and whose images I displayed large on local pages during weekends when I edited. Some are recent, by photographers I admire but know only from their images in the paper. 

To its credit, the Enquirer exhibit includes unpublished photos of which the photographers are justly proud. First among them is Gary Landers’ image of a homicide victim illuminated by an officer’s flashlight behind Landers’ home.

Missing are two images that remind me of what photojournalism is about. One is Gerry Wolters’ stunning — and in its time, controversial Pulitzer contender — of a dead African-American lying in a pool of his blood on the Avondale street where he’d been shot by a bailbondsman. Standing over him is the dead man’s young son. Some readers said our photo would ruin the child’s life. No, I told callers, if anything would it was his father’s killing. 

The other missing photo was one that wasn’t published by the paper: Glenn Hartong’s firefighter carrying a toddler from a burning house. I’m told that editors flinched because they didn’t know if the child survived. So what? That faux humanity illustrates Enquirer execs’ fear of readers tossing their cookies into the Cheerios. Such touchy-feely screening sanitizes what can be a nasty, brutish and short life and lifestyle in our region. Life Magazine published Hartong’s photo across two pages and someone posted it in the Enquirer newsroom coffee alley. It doesn’t get better than that.

In the Good Old Days, before self-inflicted sensitivity, the Enquirer had a unapologetic double standard for violent images. If the victim were local, the photo might be spiked to avoid upsetting readers. An example was the half-excavated body of a recognizable young construction worker suffocated in a trench cave-in.  Distant victims — executions, genocide or bodies in floods/earthquakes — were likelier to be displayed.

And even before the Good Old Days, Ed Reinke’s iconic photo of a line of shrouded bodies from the 1977 Beverly Hills supper club fire gave a sense of magnitude to the disaster that our best reporting couldn’t. It’s the first photo in the exhibit, preceded by a warning that some images could be troubling. They should be. I don’t know if Reinke’s photo would be used today.

• Ohio’s Sherrod Brown is among the Democratic senators targeted by out-of-state billionaire GOP donors. He’s an unapologetic liberal and the Progressive monthly made Brown’s re-election battle its latest cover story. A point I’d missed elsewhere is the unusual state FOP endorsement for a Democrat but Brown stood with officers against Republican legislation stripping them of most of their bargaining rights.

The Progressive story includes a Mason-area jeweler whose health insurer refused to pay for an advanced cancer treatment. Husband and wife say Reps. Jean Schmidt and John Boehner brushed off their pleas to intervene with the insurer. A Brown staffer — who said she didn’t care what party the Republican couple belongs to — spent the weekend successfully persuading the insurer to cover the potentially life-saving $100,000 procedure.

More recently, reporters on Diane Rehm’s public radio show estimated SuperPACs are spending $20 million to defeat Brown and suggested it might not suffice. As a DailyBeast.com columnist notes, polls show Republican Josh Mandel probably won’t even carry his home Jewish community in Cleveland.

• That same Progressive names 26 billionaires and their known donations to Republican and other rightwing causes in this election year. No Cincinnati-area men or women made the list but it’s reasonable to infer that some of the men listed donated secretly to Super PACs opposing Ohio’s Sherrod Brown’s re-election (see above).

• As one of that dying breed — an Enquirer subscriber who prefers print —  my morning paper is missing a lot. Customer service provided a free online copy and promised to deliver the missing paper paper the next day. Next day? Another customer service rep said only replacement Sunday Enquirers are delivered the same day. Message? Don’t stiff advertisers.

• The ad on the top half of the back page of the Oct. 11 Enquirer Local section invited everyone to a Romney-Ryan “victory event” on Oct. 13 at Lebanon’s Golden Lamb. The bold, black ad headline on the bottom half of the page was “The #1 dishwasher is also a best value.”

• Want to know more about Sarah Jones, the former Ben-Gal and school teacher who admitted to sex with a 17-year-old student? Among others, London’s Daily Mail has enough to satisfy anyone who doesn’t need to see a sex tape.

• Don’t piss off Turks. That’s a lesson lots of people have learned to their pain over the generations. No one will be surprised if Turkish forces invade Syria to end Syrian shelling of Turkish civilians.  Turkish troops have gone into Iraq to deal with threatening rebellious Turkish Kurds seeking sanctuary there.  Turkey is a NATO member and NATO says it will defend Turkey if required. A couple English-language websites can complement the snippets about this aspect of Syria’s civil war: aljazeera.com from the Gulf and hurriyetdailynews.com from Turkey. 

The New York Times stepped back from the slippery slope of allowing subjects of news stories to say what news is fit to print. It allowed some sources to review and possibly change their quotes before reporters used them. In July, Times reporter Jeremy Peters blew the whistle on the Times and other major news media. The alternative to quote approval often was the threat of no interview. Initially, the Times defended the practice. No longer. Jimromenesko.com reported the change.

Times executive editor Jill Abramson told Romenesko that  quote approval “puts so much control over the content of journalism in the wrong place . . . We need a tighter policy.”

Romenesko quoted a recent Times memorandum that said “demands for after-the-fact quote approval by sources and their press aides have gone too far . . . The practice risks giving readers a mistaken impression that we are ceding too much control over a story to our sources. In its most extreme form, it invites meddling by press aides and others that goes far beyond the traditional negotiations between reporter and source over the terms of an interview . . . So starting now, we want to draw a clear line on this. Citing Times policy, reporters should say no if a source demands, as a condition of an interview, that quotes be submitted afterward to the source or a press aide to review, approve or edit.”

Good. Here’s my question: What happens when a beat reporter can’t get an important interview after citing Times policy? Access is everything. Few people who want media attention will turn away the Times, but editors can get weird when reporters can’t get a desired interview. 

• Daily papers own and are members of the Associated Press. In their rush to be first, AP reporters used social media to get out the news and scooped member papers whose editors hadn’t seen the stories yet. That went over badly in today’s breathlessly competitive world. AP promises it won’t use social media until after breaking news is sent to members and non-member subscribers.
• It’s time for the news media to abandon “reverse discrimination” when the purported victim is white and English-speaking. It’s an issue again because the U.S. Supreme Court is reconsidering university racial admission criteria. A young woman claims the University of Texas rejected her because she is white. 

Discrimination is discrimination; someone is favored and someone is rejected. I won’t anticipate the court’s decision but the ethical issue is whether the community’s or the individual’s compelling interests are paramount when discrimination becomes policy and practice. Moreover, demographic trends could make “reverse discrimination” obvious nonsense if Anglos become a minority among newly-hyphenated and darker-skinned Americans and immigrants from Latin America, Africa and Asia.

 • We’ve seen three debates, two presidential, one veepish. The third was Tuesday or last night if you’re reading this on Wednesday. I missed it; I was fishing in Canada. Other journalists will tell you what you heard really means. I’ll catch up when I get home. At least the Biden-Ryan contest was lively and the moderator asked smart, sharp questions and kept the politicians under control.

• The vice president and challenger had disturbingly weird expressions when they listened. Biden’s smile recalled a colleague’s remark after waterskiing with me: “I saw Ben smile and he wasn’t baring his teeth.” Worse, Biden’s expression could appear to be a smirk.  Ryan’s intensity reminded me of a predator wondering about its next meal. Neither appearance had anything to do with the substance of the debate but it’s how we tend to judge people we don’t know. My question: Is this really how we choose the man one heartbeat away from leadership of The Free World (whatever the hell that means)?

• Viewers — and these performances are TV events — worry me. Too many tell reporters and pollsters that their votes can be influenced by how the candidates came across in the debates. The president and vice president do not belong to debating societies. This isn’t Britain’s House of Commons.  The ability to “win” a televised encounter has little or nothing to do with the job for which the men are contesting. Winners won’t debate until and unless they seek office again.

• News media would be in doldrums if there weren’t stories to write before and after each debate. They burn space and time when little else is happening - if you discount the economy, pestilence, war, famine, etc.

• Stories I didn’t read beyond the headlines. One’s from HuffingtonPost.com:
"Lindsay Lohan Reveals Her Pick For President"
The other is from the Thedailybeast.com:
"LINDSAY LOHAN PICKS MITT! & OTHER TOXIC ENDORSEMENTS"

 
 
by 05.11.2011
Posted In: Courts, Business, Community, City Council, Ethics at 05:25 PM | Permalink | Comments (0)
 
 

Local Judge Elected Ohio Bar Prez

A local appellate court judge who is a neighborhood activist and a one-time Cincinnati City Council candidate recently was elected as president of the Ohio State Bar Association.

Patrick F. Fischer was elected Friday during the Bar Association's annual convention in Columbus.

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by Hannah McCartney 08.09.2013
Posted In: News, Ethics, Energy, Human Rights at 09:06 AM | Permalink | Comments (0)
 
 
beer

Morning News and Stuff

FirstEnergy fined $43 million, worrisome child poverty rates in Hamilton County child poverty, Cleveland altweekly strikes a beer ransom

Ohio energy provider FirstEnergy, who last June won a bid to provide Cincinnati with “100 percent green” aggregated energy, was fined $43.3 million yesterday by the Public Utilities Commission of Ohio for grossly overcharging its customers for renewable energy credits, or RECs. The issue dealt with FirstEnergy’s overcharging of customers across Northern Ohio from 2009-2011, so new FirstEnergy customers in Cincinnati are unaffected.

A Cincinnati spine doctor, Abubakar Atiq Durrani, accused of performing millions of dollars worth of unnecessary surgery on unsuspecting patients was indicted yesterday for five counts of health-care fraud and five counts of making false health-care claims.

Staff members of the Cleveland Scene yesterday snatched up the Twitter handle @PlainDealer after the Cleveland daily accidentally forgot to claim/reclaim it along with @ThePlainDealer. The Scene earned a delivered case of Great Lakes’ Oktoberfest and a six-pack of PBR in ransom.

Hamilton Country fares worse than Ohio overall when it comes to the economic well-being, health, education and safety of our children, according to a report released Aug. 7 by the Children's Defense Fund and Annie E. Casey Foundation. Although median income is higher in Hamilton County than the statewide median, our rates are worse in child povery, fourth-grade reading and math proficiency, felony convictions and the amount of babies with low birth weights, an early sign of bad health.

If you don't have anything nice to say about living in North Korea, you will get stuck working in a coal mine. Last week popular stand-up comedian Lee Choon Hong was sentenced to an indefinite period of hard labor in a COAL MINE after she told a bad joke that "satirized" aspects of North Korean society. She was apparently yanked off statge in the middle of her performance and sent straight to the mine without the chance to say goodbye to her family.

This week in news: The historic building that houses the Emery Theatre is threatened by controversy between the owners of the building, the two organizations that run it and the nonprofit group The Requiem Project, who was billed in 2008 to program the theatre and raise money for the its renovation.

Last week the Requiem Project sued the University of Cincinnati, which owns the building, Emery Center Corporation and Emery Center Apartments Limited Partnership (ECALP), for violating a "letter of intent" and attempting to forcefully evict Requiem from the building, although its leaders, Tara Gordon and Tina Manchise, say they've never been told why they've been "backed into a corner."

A public housing project in Paris is the subject of an experimental heating project through which the warmth generated by human bodies milling around a nearby Metro station will be used to heat the building.

This intern for NextMovie.com fucking cited every single line of Mean Girls by heart in less than 30 minutes.

 
 
by Ben L. Kaufman 03.20.2013
Posted In: Media, Media Criticism, Ethics, Religion at 07:56 AM | Permalink | Comments (0)
 
 
enquirer

Curmudgeon Notes 3.20.2013

Media musings from Cincinnati and beyond

Amanda VanBenschoten’s reporting on both sides of the river has won her the new position of Northern Kentucky news columnist at the Enquirer. We’ve been friends since she was an undergrad in my ethics class. I had the pleasure of holding up a copy of the NKU’s paper, The Northerner, and showing our class her first page 1 byline. She was editor of NKU’s paper, The Northerner, and worked for a Northern Kentucky weekly where she regularly broke stories ahead of daily reporters. I warned the then-editor of the Kentucky Enquirer to follow Amanda’s work because, “she’ll eat your lunch.” Soon after, that wise editor hired Amanda. I’m looking forward to Amanda finding her own voice after years of quoting others. 

Scott Aiken died this month. We’ve been colleagues and friends for more than four decades. My wife and I moved to Cincinnati in 1967 and subscribed to the Enquirer. I called Scott to compliment the analyses of foreign events for which he’d been hired on the Enquirer editorial page. After swapping tales about our work overseas and people we knew there, he offered to introduce me to Bob Harrod, the local editor, who hired me for weekend reporting. It was the perfect antidote to grad school. That began 30-plus years at the Enquirer for me. Scott and I stayed in touch after he left daily journalism for corporate public relations. Our friendship survived my reporting of accusations of illegal wiretapping by Cincinnati Bell; Scott was head of the telephone company’s public relations. Our last lunch shared stories of his and Anne’s visit to Rome. Sheila McLaughlin’s obit on March 9 covers his career admirably, including Scott’s accidental matchmaking for a young reporter/colleague. 

•  Urbi et orbi. Accusations of omission and commission by Pope Francis when he was a priest and Jesuit leader during Argentina’s murderous “Dirty War” demonstrate how religious leaders risk charges of collaboration when a dictatorship falls. Recent examples taint the Russian Orthodox Church and South Africa’s Dutch Reform Church. But it’s a rare priest who rises to the modern papacy without the historians, news media and others questioning their careers. Pius XII is accused of being too close to Nazi Germany as diplomat Cardinal Pacelli before World War II. John XXIII was the subject of debate whether, as a chaplain sergeant in World War I, he gave Italian troops the order to leave their trenches, “go over the top” and attack. Fourteen-year-old Joseph Ratzinger was drafted into the Hitler Youth near the end of World War II, something everyone learned when he became Benedict XVI. 

The 200-plus complaints about papal coverage moved NPR ombudsman Edward Schumacher-Matos to admit he, too, was “pope-ed out.” One listener wondered if NPR stood for National Papal Radio? Schumacher-Matos blogged that “NPR aired 69 stories since Pope Benedict XVI announced his resignation Feb. 11 and Pope Francis was selected as his successor Wednesday. That averages out to about two radio magazine or call-in segments per day, not including the steady drumbeat of shorter items delivered by hourly newscasts that are not transcribed. Most of the complaints have concerned the 47 stories that aired in the four weeks between the day after Benedict announced his resignation and the morning before Francis was announced — a period during which there was less major news about the subject and more ‘horse-race’ speculation about who might be selected.” 

Of course, there was a Cincinnati connection to the papal election: Janice Sevre-Duszynska, a contributing writer to Article 25, Cincinnati’s street paper dedicated to human rights, was detained by Italian police for demonstrating at the Vatican for women’s ordination. The French news agency, AFP, missed her connection to Article 25, identifying her only as “an excommunicated female priest” from Lexington, Ky., and a member of the Association of Roman Catholic Women Priests. It was unclear whether Sevre-Duszynska was arrested or removed as a distraction when cardinals assembled to elect a new pope. AFP did not respond to CityBeat questions about her detention. She was dressed in liturgical robes and carrying a banner, “Women Priests are Here.” AFP quoted Sevre-Duszynska as saying, "As the cardinals meet for their conclave to elect the new pope, women are being ordained around the world! There are already 150 female priests in the world. The people are ready for change."

Much as I would have loved to be back in Rome covering the election of the pope, there was an even better assignment that kicked my envy into overdrive. The Economist sent a reporter on 112-day road trip through and around Africa. I once hoped to travel the mythic Cairo Road from Capetown to Cairo. Not going to happen. The Economist’s reporter did that and more. He found more cause for cautious optimism than is reflected in typical stories of rebellion, massacre, poverty, disease and stolen elections. 

Why did Cincinnati Business Courier take down its online story about Henry Heimlich’s attempts to save his reputation and that of his Heimlich Maneuver? Granted, it wasn’t flattering, but it didn’t go beyond what Curmudgeon has reported.  Reporter James Ritchie forwarded my request for an explanation and editor Rob Daumeyer responded, “Thanks for asking, but we don't have anything to add for you.”

I like the tabloid Enquirer. I worked on daily and weekly tabloids overseas; it’s a familiar format. Whether readers enjoy turning pages to find stories promoted on section covers is uncertain; with logos, ads and visuals, there’s little else.  Inside, long stories jump from page to page to accommodate reduced page size. I hope Enquirer editors recognize the power of the back page in each section and treat it as prime news space.  And I’m looking forward to reporters and editors learning to produce sharp, short stories suited to tabloids; it still reads like the old Enquirer

Curmudgeon Notes on Feb. 20 shouldn’t take credit for Sen. Rand Paul’s filibuster over Obama’s assassination by drone. However, the Kentucky Republican echoed Curmudgeon’s anxieties whether Obama will use drones to kill Americans in our country.  To his credit, Paul’s almost 13-hour standup routine forced an answer from prevaricating Attorney General Eric Holder. Holder’s letter repeated and answered Paul’s question: "Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil? The answer to that question is no.” Perfectly clear? No. Who defines combat? Deadly confrontations with feds at Ruby Ridge, Wounded Knee, or David Koresh’s Branch Davidian Ranch near Waco, TX?  

Enquirer’s Cliff Peale is probing the costs of post-secondary education and how many recent debt-burdened college grads can’t find full-time employment requiring their costly degrees. Coincidentally, Cincinnati Business Courier reports how local vacancies for skilled workers threaten the region’s economy. Is the conventional wisdom — everyone must earn a BA or more — undermining our economic security? Maybe Peale can probe high school curricula and counseling to see if capable students are being steered away from well-paid blue collar careers and into crippling debt for degrees of dubious value. Maybe it’s time to interview welders, carpenters, plumbers, electricians, auto mechanics, etc., to find out what their ROI (Return on Investment) is. 

It’s an old problem: courtiers mistaking their privilege of emptying the king’s chamber pots for royal power. Poynter.org reports this example from the University of Maryland’s Capital News Service:

Dana Rosenzweig, a staffer for Vice President Joe Biden, ordered Capital News Service student reporter Jeremy Barr to delete photos he took at an event in Rockville, Md., when Biden announced an anti-domestic violence initiative

Barr quoted Rosenzweig, saying, “I need to see your camera right now.” She called Barr’s presence in the non-press area an “unfair advantage” over the other members of the media (whatever that meant). Rosenzweig watched him delete the photos, Barr said, and then she looked at Barr’s iPhone to make sure no photos were saved there. 

“I assumed that I’d violated a protocol,” Barr told Capital News Service. “I gave her the benefit of the doubt that she was following proper procedures.”

J-school Dean Lucy Dalglish complained in a letter, saying, “Rockville is not a third-world country where police-state style media censorship is expected.” Biden press secretary Kendra Barkoff responded with an apology to Dalglish and Barr. 

My comment: Dalglish is a lawyer. Before taking the dean’s job she was executive director of the Reporters Committee for Freedom of the Press. It’s ironic that her student reporter didn’t know there is no “protocol” or “proper procedures” that required him to give up his images. He should have held on to his images and phone and told Rosenzweig to fuck off.  

Intimidating a student reporter (above) wasn’t a first for Biden’s staff, jimromenesko.com added. “After the vice president made a remark during the presidential campaign that Republicans would put voters ‘back in chains,’ Politico’s Jonathan Martin reported the veep’s staff ‘tried to edit media pool reports for any potential landmines that could be seized on by Republicans and even hovered at close range to eavesdrop on journalists’ conversations with attendees at Biden rallies’.”

Republicans evince an unnatural fascination with our dead ambassador at the U.S. consulate in Benghazi. Often, in their frenzy of blame, Obama critics mistakenly call the torched facility the “Embassy.” Ignorance now appears to be nonpartisan. Maybe repetition has warped liberal minds.  For instance, in her blog on the thedailybeast.com, Caitlin Dickson repeated the error. In Libya, our embassy is in Tripoli, the capital.  

Jimromenesko.com says media worldwide were suckered by a satirical column on the Internet about Nobel-winning economist, professor, columnist and blogger Paul Krugman declaring bankruptcy. 

The Boston Globe’s boston.com wasn’t immune. Under the headline, “Paul Krugman Files Chapter 13 Bankruptcy,” someone using the nom de plume “Prudent Investor” wrote that “Paul Krugman, the king of Keynesianism and a strong supporter of the delusion that you can print your way out of debt, faces depression at his very own doors.  According to this report in Austria’s Format online mag, Krugman owes $7.35 million while assets to his name came in at a very meager $33,000. This will allow the economist and New York Times blogger to get a feel of how the majority of Americans feel about their dreadful lives . . . “

Romenesko says Globe editor Brian McGrory told Washington Post’s Erik Wemple, “The (Krugman) story arrived deep within our site from a third party vendor who partners on some finance and market pages on our site. We never knew it was there till we heard about it from outside.” The paper, McGrory says, did “urgent work to get it the hell down” from boston.com. McGrory adds, “The idea that we’d have a partner on our site is actually news to me” and the Globe plans to “address our relationship with that vendor.”

My comment: the editor of New England’s dominant daily has a “third party vendor” who provides content for business  pages and the editor doesn’t know what that content is? 

Paul Krugman, who isn’t bankrupt (above), responded tongue in cheek on his New York Times blog, The Conscience of a Liberal. “OK, I’m an evil person — and my scheming has paid off. On Friday I started hearing from friends about a fake story making the rounds about my allegedly filing for personal bankruptcy; I even got asked about the story by a reporter from Russian television, who was very embarrassed when I told him it was fake. But I decided not to post anything about it; instead, I wanted to wait and see which right-wing media outlets would fall for the hoax. And Breitbart.com came through! Now, if you’ll excuse me, I have to go give a lavishly paid speech to Friends of Hamas.”

Weekly Standard senior writer Matt Labash’s March 18 column suggests he’d be a great guy to meet in a bar. Here’s a sample: “ . . . there are enough headline-hunting researchers making enough questionable discoveries (about health) that the four shakiest words in the English language have come to be, ‘a new study shows’.” And here’s another:  “I am a professional journalist. It’s my job to pretend to know things that I don’t.” 

 
 
by Kevin Osborne 02.01.2012
Posted In: 2012 Election, Republicans, LGBT Issues, Ethics at 10:44 AM | Permalink | Comments (0)
 
 
al naimi

Morning News and Stuff

Mitt Romney won a sizable victory in Tuesday’s Florida primary, capturing 46.4 percent of the vote to Newt Gingrich’s 31.9 percent. In all, Romney got 240,548 more votes than the ex-House Speaker.

“The size and breadth of Romney’s win provide the first real evidence that he has the potential to coalesce a party that has been deeply split …”
wrote Karen Tumulty in an analysis for The Washington Post.

Read More

 
 
by Hannah McCartney 05.31.2012
Posted In: Ethics at 01:22 PM | Permalink | Comments (0)
 
 
bush

Politwoops: You Can Run, But You Can't Hide

Website recovers deleted tweets from politicians

Some contain blatant spelling and grammatical errors, some are offensive and others just don't make any damn sense. From major gaffe to minor slip-up, tweet aggregator Politwoops has created a Twitter feed-like stream of every tweet deleted by a politician —it's all in the name of transparency, but the results are often hilarious.

The project is headed up by the Sunlight Foundation, a nonpartisan nonprofit interested in using the Internet to promote government openness and honesty.

The site was launched only yesterday, but there are already 306 pages archiving tweets from politicians across every ideological spectrum. They aren't quite as brilliant as Jose Canseco's global warming tweets, but many come close, especially considering these are the people we trust to run our country and not the somewhat illiterate environmental advocate dude who preemptively grieved Al Gore's death. 

See what they hoped you wouldn't.

A butt-tweet from South Carolina Congressman James E. Clyburn?



A schizophrenic Newt Gingrich? Maybe a hack from Calista and the aliens?


Tennessee Congressman Steve Fincher likes The Bachelor, OMG!



Reform Party 2012 Presidential Candidate...?


Remember: We all make mistakes. But people care a lot more when you're famous.

 
 
by Hannah McCartney 11.12.2013
Posted In: Media, Media Criticism, News, Ethics, Courts, Police at 03:25 PM | Permalink | Comments (0)
 
 
defamation

Gannett Weekly Loses Appeal in Defamation Suit

Court upholds decision that the paper's 2010 statement was made with actual malice

A Sixth Circuit Court of Appeals judge has denied the Milford-Miami Advertiser's request to appeal a 2012 ruling that charged the Gannett-owned suburban weekly with defamation and ordered the paper to pay the defamed plaintiff $100,000 in damages.

In an article published in the Advertiser on May 27, 2010 titled "Cop's suspension called best move for city," the paper implicated Miami Township police officer James Young, who years before had been mired in legal trouble for accusations of sexual assault that were eventually disproven, in its article discussing another sex scandal in the area.

According to court documents, in 1997, Young was initially fired from his job after a woman named Marcie Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. An internal investigation revealed that the two had actually been engaged in a relationship prior and that Young had spent time at Phillips' house while on duty. The allegations, however, were entangled in questions about Phillips' character and concern that she could have been lying about the rape because the relationship between the two had recently ended on rocky terms.

When DNA testing on semen found on a rug in the woman's home proved that the DNA didn't match Young's, he was exonerated and reinstated to his position

The Advertiser article explained that Young had been terminated for sexual harassment, immoral behavior, gross misconduct and neglect in the line of duty and also stated that "Young had sex with a woman while on the job," which formed the basis for Young's defamation suit.

The 2010 article dealt with similar accusations lodged against Milford Police Officer Russell Kenney, who pleaded guilty to charges that he'd been having sex with Milford Mayor Amy Brewer while he was on duty on multiple occasions.

Kenney was suspended from his position for 15 days, but was later reinstated even though Milford's police chief planned to recommend his termination to avoid having to use an arbitrator to dissect the case.

Although the article is attributed to writer Kellie Giest, the lawsuit revealed that the paper's editor at the time, Theresa Herron, inserted the section of the article that went to trial. According to court documents, Herron added the paragraphs about Young to Giest's story because she felt the article needed more context about why the city wanted to avoid arbitration.

According to court documents from the suit Young filed against the Gannett Satellite Information Network, Gannett responded the to initial complaint by acknowledging that the statement was a defamation of character, but that the statement was made without actual malice on the part of Herron. There is a high legal threshold for plaintiffs to establish a defamation claim, which require the plaintiff to prove several elements beyond a reasonable doubt; for public officials, the threshold is even higher because they most prove that the offender acted with actual malice — in this case, knowing the claim about Young was false and printing it anyway — to win a lawsuit.

In its appeal, Gannett argued that Young, as a police officer, did not meet the threshold of a public official required to successfully establish a defamation claim and that Herron's inclusions were based on rational interpretations of documents on the case — even though Young denied having sex with plaintiff Marcie Phillips, he admitted the two had kissed and the arbitrator's report documented one instance in which Young was at Phillips' house while on duty.

In the court's opinion denying Gannett's appeal, Judge John Rogers writes that Herron admitted she had read the arbitrator's report from Young's case, which provided no evidence that Young and Phillips ever actually had sex at all.

"There was sufficient evidence for the jury to conclude that Herron was well aware that the statement she added to the article was probably false," it reads. "Herron was also reckless in failing to conduct any investigation beyond the records of the original case. She did not seek out Young for comment, nor did she talk to anyone involved in his case."

 
 
by Andy Brownfield 10.26.2012
 
 
niehaus copy

Ohio Could See Ethics Overhaul

State Senate President wants to see legislation focusing on disclosure, transparency

The Ohio State Senate’s top Republican wants to beef up ethics laws for state lawmakers.

Senate President Tom Niehaus tells The Columbus Dispatch that he plans on rolling out a new ethics bill within a few weeks. He didn’t offer specifics on what it would cover, but said disclosure and transparency would be the main themes.

Ohio’s ethics laws governing the relationship between public officials and lobbyists haven’t seen significant updates in more than 17 years. Niehaus told the newspaper he wants to see lawmakers vote on it before his legislative career ends this year.

The last major overhaul of Ohio ethics laws came in 1994, when the legislature banned public officials from receiving money to appear at dinners and receptions and required disclosure of all gifts costing more than $25.

The law also banned gifts costing more than $75, but oftentimes lobbyists will split up more expensive gifts among a number of lobbyists.

 
 
by Ben L. Kaufman 06.12.2013
Posted In: Media, Media Criticism, Ethics, News at 11:22 AM | Permalink | Comments (0)
 
 
enquirer

Curmudgeon Notes 6.12.2013

Media musings from Cincinnati and beyond

The Enquirer’s MasonBuzz.com wasn’t honest with readers about the source of its story promoting “National Heimlich Maneuver Day.” It was posted by a reporter but carried the byline of Melinda Zemper. She’s not a reporter and she wasn’t identified as a “contributor.” Zemper is public relations professional whose clients include Heimlich interests. She was helpful when I sought out Phil Heimlich for a story recently. That’s her job. So is providing copy ready for publication. With so few reporters and editors, news media are evermore open to such PR material as “news.” Traditional journalism ethics requires that we be told the writer’s underlying interest in the story if it’s not by a reporter or contributor. MasonBuzz.com failed that test.  

London’s Guardian scored its first of two coups when it reported the Obama administration is collecting our cell phone records in the name of national security. The Washington Post followed with its story about spying through Internet sites such as Google. Both relied on the same source, one of thousands of private contractor employees with top security clearances. 

The Guardian’s second coup was its interview with the American who revealed that NSA cell phone tracking: Edward Snowden, 29. The Guardian called him a “former technical assistant for the CIA and current employee of the defense contractor Booz Allen Hamilton. Snowden has been working at the National Security Agency for the last four years as an employee of various outside contractors, including Booz Allen and Dell.”

The paper said it named Snowden and published his online video statement at his request. From the moment he decided to disclose numerous top-secret documents to the public, the paper said, Snowden eschewed the protection of anonymity.

"I have no intention of hiding who I am because I know I have done nothing wrong," he told the Guardian, although he wants to avoid the media spotlight. "I don't want public attention because I don't want the story to be about me. I want it to be about what the US government is doing." That won’t be easy, he conceded. "I know the media likes to personalise political debates, and I know the government will demonise me."

Still, he told the Guardian, "I really want the focus to be on these documents and the debate which I hope this will trigger among citizens around the globe about what kind of world we want to live in ... My sole motive is to inform the public as to that which is done in their name and that which is done against them." 

Whistleblower Snowden is the civilian version of Army Private Bradley Manning, who gave military and diplomatic cables to Wikileaks. Both were low-level intelligence specialists with high-level security clearance.  Both claim to have acted according to conscience, hoping to save rather than harm our nation. There is a difference, however, that I haven’t seen or heard in facile news media comparisons of Snowden to Manning or Daniel Ellsberg, an academic defense analyst who revealed the Pentagon Papers. Manning’s military and diplomatic cables and Ellsberg’s study of the Vietnam war were in the broadest sense histories. Snowden’s revelations involve current and future data collection and analysis. 

Mother Jones magazine/online also scored two scoops in recent days. It says the Justice Department wants to hide an 86-page opinion by the Foreign Intelligence Surveillance Act (FISA) Court that says the government violated the spirit of federal surveillance laws and engaged in unconstitutional spying. Mother Jones’ bureau chief in Washington, David Corn, says the secrecy effort is a response to a Freedom of Information suit by the Electronic Frontier Foundation. 

In its second coup, Mother Jones says the FBI raided the Winchester, Ky., home of corporate cybersecurity consultant Deric Lostutter. As hacker KYAnonymous, he was instrumental in making the Steubenville rape case a national story. Mother Jones says Lostutter “obtained and published tweets and Instagram photos in which other team members had joked about the incident and belittled the victim. He now admits to being the man behind the mask in a video posted by another hacker on the team's fan page, RollRedRoll.com, where he threatened action against the players unless they apologized to the girl ... According to the FBI's search warrant, agents were seeking evidence related to the hacking of RollRedRoll.com ... If convicted of hacking-related crimes, Lostutter could face up to 10 years behind bars — far more than the one- and two-year sentences doled out to the Steubenville rapists.”

Local news media embrace an uncritical “boost, don’t knock” approach to local festivals. Even so, they ignored a great photo op at the opening of Summer Fair. Hundreds of people stood in line in the Coney Island parking lot while two people — at one table — took admission money. Some people waited more than 30 minutes to get in. Parking was free, so no one knows how many potential customers took one look and drove away. 

 • A recent Enquirer cover story confirms what a lot of people have known for years: Go elsewhere for sophisticated cancer care. What’s news is the admission in a proposed UC major investment to bring advanced cancer care here. 

Another Enquirer cover story made my prehensile toes curl with joy. The Creation Museum is evolving to allow us to return to tree tops ... via zip lines. 

I’m still unhappy about NPR’s decision to kill Talk of the Nation carried here 2-4 p.m. Monday-Thursday. It was the nation’s best long-format public radio interview program, sort of a New Yorker of the air. 

Starting July 1, WVXU plans to fill the newly vacant 2-3 p.m. gap with an expanded Cincinnati Edition using current staff as hosts. I hope it retains long-format interviews. 

With its limited resources newly devoted to the expanded Monday-Thursday Cincinnati Edition, WVXU is ending Maryanne Zeleznik’s Thursday morning long-format Impact Cincinnati interview show and the staff’s Saturday and Sunday one-hour weekend Cincinnati Edition. There were good regular segments and I hope they’ll be woven into the new format. 

To fill 3-4 p.m. Monday-Thursday, WVXU is bringing in The Takeaway. WVXU says it’s is a co-production of WNYC Radio and Public Radio International, in collaboration with New York Times Radio and WGBH Boston. The Takeaway carries the tagline, “Welcome to the American Conversation.” We’ll see. Talk of the Nation set a very high standard.

Sunday’s Enquirer Forum calls on Ohio to expand Medicaid despite a shortage of physicians and others to cope. In part, the paper notes, few med school grads choose primary care. Reasons aren’t that complicated. Relatively low salaries paid to primary care physicians mean docs will spend a good portion of their adult lives repaying loans that often began as undergrads and compounded while adding med school loans. Another reason is that Medicaid pays even less than Medicare for office visits and treatments. That’s helps explain why primary care docs aren’t better paid and some practices limit their Medicaid and Medicare patients. 

The Enquirer should dig still deeper into related issues. Why should taxpayers provide health insurance (Medicaid or unpaid emergency care) to badly paid workers whose major employers provide little or no health care insurance? Why do we as a nation offer such niggardly support to med students that they opt for higher paid specialties which ease loan repayments? (This isn’t a personal beef. Our daughter, whose board certifications include family practice, went through medical school on a UC scholarship but many classmates graduated with life-limiting debt.)

NPR had a long story on how jelly fish are multiplying at a rate that creates or exacerbates problems in the oceans. These prehistoric creatures survive, multiply and prosper without a spine or brain. Apt analogies encouraged. 

The cascade of information about NSA snooping has an unintended benefit. Pervasive federal intrusions no longer are “just a journalists’ thing.” Millions of Americans now know their cell phone calls and email/Internet data are being collected and analyzed by NSA computers and agents. This growing consciousness may provoke a groundswell that could provide brains and spine for Congress to correct police state legislation passed after 9/11. 

Eric Holder — still U.S. attorney general when this was written — is almost contrite about Justice Department grabbing reporters’ telephone and email records. He now says he won’t prosecute reporters just doing our jobs. Any journalist who accepts his assurance lacks the minimum skepticism required for our trade. Holder serves at the pleasure of a president whose antipathy to leaks recalls Nixon’s creation of the Plumbers.

NKU dropout Gary Webb shared the Pulitzer Prize in 1990 for San Jose Mercury’s coverage of the Loma Prieta earthquake. Then he took on the CIA in his sometimes-overreaching 1996 Mercury series, Dark Alliance, which said crack cocaine was being sold in Los Angeles’ black ghettos to support CIA-supported contras in Nicaragua. The LA Times and others — including the NYTimes and Washington Post — were embarrassed by Webb and the nowhere San Jose paper. They went all out to discredit Webb and his findings. Webb’s errors and inadequately supported assertions gave critics their opening. Irrespective of the the national papers’ attacks inaccuracies and misdirection, they ruined Webb’s career and he committed suicide. Years later, even former critics acknowledged the generally substantiated core of Webb’s series: CIA ignored Contra cocaine smuggling and its spread of crack in U.S. inner cities. A movie is being made about Webb and the CIA series, Kill the Messenger.

NPR’s Morning Edition described in broad detail an NSA data center going up outside Salt Lake City. Computers are so large and hot that they will need 1.5 million gallons of cooling water daily. I wish NPR told me where that water was coming from and where it would go after being used to cool the computers.  

With friends like this ... Aljazeera.com reports that Syrian rebels executed a 15-year-old Aleppo coffee vendor in front of his family because the killers thought a common Syrian retort was blasphemy. The youth apparently refused someone coffee on credit, saying, “Even if Mohammad comes down, I will not give it as a debt.” 

Obama’s meeting at Sunnylands, the Annenberg estate near Palm Springs, Calif., pricked my nostalgia. In the early 1940s, my father, an Army physician, was stationed in Palm Springs. A visionary local developer offered Dad some land. As our family legend goes, that friend assured my father that “after the war,” Palm Springs would boom. Headed for combat in Europe and uncertain what might follow, Dad said thanks, but no thanks. Oh, well. If Dad had taken his friend’s offer, last week’s Obama-Xi meeting could have been on a Kaufman desert hideaway, “10,000 Lakes.”

 
 
by Ben L. Kaufman 06.26.2013
 
 
enquirer

Curmudgeon Notes 6.26.2013

Media musings from Cincinnati and beyond

I hope Nelson Mandela is alive and healing when you read this. He’s an old man with a persistent and probably lethal lung problem born from decades in prison. 

His colleagues in the ANC are preparing the country for his death and the news media are full of calls for prayer, admonitions against futile hopes for recovery, and assurances that Mandela is getting the best care possible without making him miserable and sicker. 

If he's died since I wrote this on Tuesday, he lived a life of dignity and service. By example, he led South Africans of all races and ethnicities into a post-apartheid era with good will and high, if unreal, hopes that someday, the wrongs of apartheid might be erased.  

For more than 50 years, I’ve followed his career with an interest that few others provoked. My active appreciation began during graduate school in London where I prepared for a career in Africa. Mandela, Sisulu and others were heroes of the anti-apartheid movement. Their efforts to end violent, toxic white minority rule in South Africa was companion to the growing momentum for independence in Europe’s African colonies, protectorates and overseas provinces. 

“Winds of change” was shorthand for all of this but no one expected it to blow away the racism and segregation of South African apartheid. 

That so-called “separate development” of South Africa’s various racial groups was even, then, anything but development. If anyone doubts it, look at the generations impoverished by separate education and training and how this burdens the aspirations of today’s black majority. 

By the time I reached Southern Africa in late 1963, Mandela and others were on trial, accused of sabotage and conspiracy. Blacks, whites and Indians, they were leaders of the armed wing of the African National Congress. In plain words, they were revolutionaries. In mid-1964, all were convicted and most were sentenced to life in prison.  They could have been executed. Mandela already was in prison, convicted of illegally leaving (and re-entering) the country. 

Our weekly Zambia News and then daily Zambia Times — hundreds of miles to the north — were able to report with freedom unknown in South Africa. We benefited from the freest journalism in Southern Africa, including Southern Rhodesia, Southwest Africa, and Portuguese Mozambique and Angola. 

When Mandela dies, it’s going to be fascinating to see what obits and commentaries focus on: terrorist, lawyer, prisoner, statesman, president and like Cincinnatus, a leader who walked away from power.  

Tim Funk, one of the best student journalists I was lucky enough to teach, was arrested recently for not moving swiftly enough to please cops in North Carolina. 

The Charlotte Observer’s religion reporter, Tim was covering a local demonstration by local clergy at the state legislature in Raleigh. 

Tim is saying nothing, under orders from his bosses, until after his mid-July court appearance. However, his paper said authorities claimed Tim, “who covered the statehouse in the 1980s, failed to move away from a crowd of about 60 that was demonstrating and peacefully surrendering to arrest.” He “was handcuffed and taken along with the arrested protesters to the Wake County magistrate’s office to be arraigned on misdemeanor charges of trespassing and failure to disperse.

“Jeff Weaver, police chief for the General Assembly Police in Raleigh who oversaw the arrests, told The Associated Press that Funk did not heed a warning from officers to disperse before the arrests began.” The paper said Tim was released late that same night.

“We believe there was no reason to detain him,” said Cheryl Carpenter, Observer managing editor. “He wasn’t there to do anything but report the story, to talk to Charlotte clergy. He was doing his job in a public place.”

One online reader commented that it probably was no accident that Tim was among the first arrested; that assured he could not report how police dealt with demonstrating clergy. Readers also noted how zealous police tested federal constitutional guarantees with their orders to disperse: freedom to assemble and petition government and freedom of the press. 

A 2012 survey of almost 900 American TV journalists found roughly 20 percent showing signs of burnout and uncertainty whether they will remain in the industry. 

Scott Reinardy, associate professor of journalism at the University of Kansas, said TV news staffs increased by 4 percent, revenue was up, and stations were producing more content than ever before, often as much as 5 1/2 hours more per day. “I wanted to see how all of that played into burnout,” Reinardy said.

The KU press office reported his study. He said that questions about exhaustion, cynicism and professional efficacy found that respondents who reported higher levels of exhaustion also reported lower levels of organizational support, while those who reported higher levels of professional efficacy — or satisfaction in their jobs — reported higher levels of organizational support.

Reinardy reported that 81 percent of his respondents said they work differently “than a few years ago.” Many have increased social media responsibilities, are expected to produce content for multiple platforms and have more frequent deadlines.

“Many said, ‘I can’t do this much longer,’” Reinardy said. “You’re probably going to see the TV business get younger, a little more inexperienced and, as a result, there will be a loss of institutional knowledge, which doesn’t bode well for community journalism at any level.”

I’m waiting for conservative pundits to wonder aloud how Republicans can tell us to trust the National Security Agency while assuring us, "Government is not the solution to our problem; government is the problem." I guess it’s the same mental gymnastics that reporters find when legislators kill money for family planning and do all they can to assure that low-income women can’t get abortions. 

A good sex scandal ages well even if protagonists don’t. 

In the early 1960s, party girl Christine Keeler almost brought down the British government. She shared beds of British Secretary of State for War John Profumo and a Soviet spy, naval office Yevgeny Ivanov. 

At the time, there were public assurances all around that her activities were sexual, not Cold War espionage; pillow talk was erotic, not nuclear. 

Now, the London Daily Mail says Keeler’s new book includes her admission that she helped her friend, society osteopath Stephen Ward uncover secrets about missile movements in the West that were later passed to the Soviets.

“However I dress it up, I was a spy and I am not proud of it. The truth is that I betrayed my country.”

The Sunday Mirror also quotes Keeler as saying, “The Establishment was far more interested in painting it as a sex scandal and chose to ignore claims of a widespread spying network. Far better that the Establishment be caught with its pants down than involved in stealing secrets. That was the thinking.” 

Osteopath Ward, who introduced young women to rich and powerful men, often at country houses, committed suicide as he became the scapegoat in the scandal. 

I was at UPI in London at the time. Keeler is right. There was a political/aristocratic Establishment and its first concern was its own survival. For months, we treaded lightly as we reported seemingly unrelated events without connecting them in fear of ferocious, costly libel laws. 

But the unreported stories we heard and traded proved to be less salacious than the facts as they came out. Profumo probably would have escaped with modest embarrassment had he not been caught lying to the House of Parliament about the affair. That breach of the Establishment’s expectations of a Gentleman, and not widely held suspicions of Soviet espionage, brought him down. 

Tuesday’s Morning Edition on NPR included the kind of remark that fuels conservative conviction that public network is a coven of Lefties. The host was asking a foreign reporter about the different responses of Turkish and Brazilian leaders to ongoing street protests. After the reporter offered the political context for the seemingly accommodating reaction of the Brazilian president, the host suggested that the Turkish prime minister hadn’t responded to young protesters there. First, the host was wrong. He responded. Second, it was obvious that the Turk’s response wasn’t acceptable to the NPR host because it was hardline rather than accommodating.

 
 

 

 

 
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