Month: June 2024

By Dan Kennedy

The nonprofit news organization Mississippi Today has filed an appeal with that state’s Supreme Court rather than turn over internal documents sought by former Gov. Phil Bryant, who’s suing Today over its Pulitzer Prize-winning investigation into a state welfare scandal.

It’s a high-stakes gamble: Mississippi recognizes only a very limited reporter’s privilege protecting journalists and news organizations from being ordered to identify anonymous sources and from producing documents. A lower court went along with Bryant, who argues that he is seeking evidence he needs in his attempt to prove that he was libeled by Today and its publisher, Mary Margaret White, a past guest on our “What Works” podcast. Today’s editor-in-chief, Adam Ganucheau, writes:

The Supreme Court could guarantee these critical rights for the first time in our state’s history, or it could establish a dangerous precedent for Mississippi journalists and the public at large by tossing aside an essential First Amendment protection.

The U.S. Supreme Court, in its 1972 Branzburg v. Hayes decision, ruled that the First Amendment does not provide for a reporter’s privilege. Nevertheless, 49 states offer some form of privilege either through a law or a ruling by state courts. The sole exceptions are Wyoming and the federal government itself. (The latest efforts to create a federal shield law are currently stalled in the Senate.)

The reporter’s privilege in Mississippi, though, is extremely limited — so much so that Ganucheau doesn’t regard his state as having any privilege at all. The Reporters Committee for Freedom of the Press lumps Mississippi in with a group of states that have the lowest level of protection for journalism, including Idaho, Utah, Iowa, Missouri, Virginia and, sadly for us New Englanders, Massachusetts and New Hampshire.

In RCFP’s guide to the reporter’s privilege, Mississippi lawyer Hale Gregory writes that “there are no reported decisions from Mississippi’s appellate courts regarding the reporters’ privilege, qualified or otherwise,” but that several court orders by the state’s trial courts have recognized “a qualified privilege.”

Mississippi Today has emerged as a vital source of accountability journalism in our poorest state. Currently it’s partnering with The New York Times on an investigation into a county sheriff’s department that has already led to prison sentences for six deputies who tortured two Black men in their custody, and that could lead to a federal civil-rights lawsuit.

Gordon Borrell may not be a name who’s familiar to you, but he’s a big deal in the world of local news: he’s the CEO of Borrell Associates, based in Williamsburg, Virginia, whose business is “tracking, analyzing, and forecasting 100% of what local businesses in the U.S. spend on all forms of advertising and marketing, right down to the county level for all markets.”

Over the weekend, he appeared on “E&P Reports,” the vodcast hosted by Mike Blinder, publisher of the trade magazine and website Editor & Publisher. Blinder was excited enough to contact us and make sure we gave it a listen. We did, and if you’re interested in the future of advertising for local news outlets, you’ll want to check it out.

Essentially, Borrell offered some basic wisdom about what community journalism organizations need to do if they want to compete successfully for advertising. They need to offer quality local content. And they need to be able to provide prospective advertisers with “first-party data.” That means information about their audience that they collect themselves rather than relying on distribution via third-party platforms. In other words: newsletters, yes; Facebook, no, at least not as a primary means of distribution.

Because Borrell is placing renewed emphasis on local content, he’s moving his annual conference from Miami to the Walter Cronkite journalism school at Arizona State University.

Pretty wonky stuff, but it validates a lot of what we have written about successful local news outlets in our book, “What Works in Community News.” They have to make themselves essential to their communities, and the way to do that is to be present in people’s lives. Irrelevant content from distant locales, the strategy that corporate-owned newspaper chains are pursuing, appeals neither to readers nor to advertisers.

Moreover, at a time when nonprofit has proven to be the path forward for many local media organizations, Borrell holds out the hope that for-profit news can succeed as well. That said, Borrell is pessimistic enough that he told Blinder he thinks we’ve entered the “final phase” of local news. The goal is to be one of the survivors.

On the new “What Works” podcast, Dan and Ellen talk with Johanna Dunaway, a professor of political science at Syracuse University. She is also research director of the university’s Institute for Democracy, Journalism and Citizenship in Washington D.C.

Dan got to know Johanna when they were both Joan Shorenstein Fellows at the Harvard Kennedy School in 2016. Dan wrote part of his book about a new breed of wealthy newspaper owners, “The Return of the Moguls.” Johanna wrote a paper that examined how mobile technology was actually contributing to the digital divide between rich and poor.

Dunaway recently received a $200,000 grant from the Carnegie Fellows Program to further her work on local news. Among other things, she plans on building out an expansive database that lists local news outlets throughout the United States. She also plans to examine whether the nationalizing of news contributes to the toxic quality of public discourse.

Dan has a Quick Take on what has been a bad year so far for public broadcasting operations, with cuts being imposed from Washington, D.C., to Denver and elsewhere. In Boston, where “What Works” is based, GBH News, the local news arm of the public media powerhouse GBH, has imposed some devastating cuts. But they’ve also brought in new leadership that could lead to a brighter future.

Ellen looks at a new use of print by the all-digital Texas Tribune, the nonprofit news outlet based in Austin.

You can listen to our conversation here and access an AI-generated transcript. You can also subscribe through your favorite podcast app.

By Dan Kennedy

I’ve taken a first cut at a new tab on our Mass. Indy News spreadsheet listing public access television outlets in Massachusetts that cover local news. It’s linked here and is in the upper right-hand corner of Media Nation and What Works,

A lot of these come down to judgment calls. Virtually every access organization offers live and archived video of city council, school committee, select board and other public meetings. Few people, though, are going to sit down and watch a two-hour video of local officials doing their thing. One of the purposes of community journalism is to sift through such meetings, boil them down and make sense of them in a fair and impartial manner.

The ideal offering would be a weekly or daily newscast, and there are a few listed here. But not many outlets have such a newscast, and I’ve tried to be generous. For instance, I’ve included “SouthCoast Matters,” a talk show in Taunton, Berkley and other communities, because the program often features conversations with elected officials and other newsmakers. (Besides, they’ve had me on a few times, ha ha.)

Other programs I checked out, though, haven’t posted anything new for months. Those didn’t make the cut.

Why a separate tab? Public access is funded through a fee assessed to cable television providers such as Comcast and Verizon, but rather than going directly to the access organizations, it’s administered by local officials. These operations are vitally important part of any city or town’s media ecosystem, but they’re not entirely independent.

If you’re knowledgeable about public access in Massachusetts, I invite you to look this over and get in touch with me about additions or corrections. Just use this form. And share this post widely!

By Dan Kennedy

The state of Illinois has taken a major step forward in trying to ease the local news crisis, with the legislature approving tax credits for publishers to hire and retain journalists; creating a 120-day cooling-off period to slow the sale of independent local news outlets to out-of-state chains; and funding scholarships for students who work at an Illinois news organization for at least two years after graduation.

Mark Caro reports for Northwestern University’s Local News Initiative that the tax credits amount to a modest $25 million over five years, but he quotes state Sen. Steve Stadelman as saying that the measure nevertheless represents a good start. “It was a tight budget year for Illinois, which always makes it difficult to pass legislation,” Stadelman, a Democrat, told Caro. “Was it as much as I wanted? No. But it showed that there’s a commitment by the state of Illinois to local journalism, and that’s significant.”

Gov. J.B. Pritzker is expected to sign the bill.

A couple of points I want to raise.

• The legislation grew out of the state’s Local Journalism Task Force, which was created by Gov. Pritzker in August 2021. Stadelman chaired that bipartisan group. Illinois was the second state to create a commission to study the local news crisis and make some recommendations. The first, you may recall, was Massachusetts; I had a hand in drafting the legislation that created it and would have been a member. But the Massachusetts commission, signed into law by then-Gov. Charlie Baker in January 2021, never got off the ground. There are some favorable rumblings coming out of Beacon Hill, though, and I hope to have better news to report at some point later this year.

• The Illinois tax credits avoid some pitfalls that developed almost immediately after New York State approved $90 million over three years. The New York credits are currently being implemented through an administrative process, and Gothamist reported recently that it’s not clear whether nonprofits and digital-only media outlets would be included, even though some prominent proponents understood that that they would be. The language is also contradictory as to whether out-of-state chains would be able to take advantage of the credits.

By contrast, the language of the Illinois legislation makes it clear that nonprofits and digital-only projects are included and that out-of-state chains are excluded.

The Illinois bill represents just part of a comprehensive package that was unveiled last February. As Caro reports, the Stadelman bill originally called for state agencies to spend half or more of their ad budget on local news outlets, but that provision was dropped.

In addition, a separate bill that would have required Google and Facebook to pay for the news that they repurpose has been put on hold depending on how things go with a similar measure in California. Forcing Big Tech to hand over some of their profits sounds appealing, but it hasn’t been working out very well elsewhere, as Facebook is getting rid of much of its news content and Google is threatening to walk away from the modest assistance it provides to journalism, such as the Google News Initiative.

Any form of government assistance for journalism has to be evaluated for whether it compromises the independence that news outlets need in order to hold public officials to account. Still, the modest action being taken in Illinois seems worth trying, at least on an experimental basis.