LePage Wants His Pages Exempt from Public View

Image via WikipediaMaine Gov. Paul LePage wants the same exemption enjoyed by the Maine Legislature from the state's Freedom of Access Act ("FOAA")[1 M.R.S.A. sec 401 et seq.] when it comes to public access to his "working papers," according to a story on the Web site of  the Maine Public Broadcasting Network (www.mpbn.net).

Gov. LePage's office claims Maine lawmakers have an unfair advantage because their notes and documents are not covered by the Act, whereas the public may request such information from the governor about his administration's plans. LePage's office insists any information blackout under his proposal would be temporary as the exemption would dissolve once a bill derived from his "working papers" would be introduced.

The managing editor of The Lewiston Sun Journal, a member of Maine's Right to Know Advisory Committee, voiced concern that LePage's proposed measure would also shield his staff from FOAA. The editor feared that extending the exemption to the governor's office could create a groundswell among other Maine public officials seeking the same protection. 

As it is, the FOAA offers more than 300 exceptions to the Act's definition of a "public record."  What may appear to be arrogance (because it is) on the Maine Legislature's part for exempting itself from the open government legislation is not unusual.  Congress, for example, decided not to subject itself to the provisions of the federal Freedom of Information Act [5 U.S.C. sec. 552 et seq.].

In case Gov. LePage's proposed measure has yet to be named, "TUOL" recommends a Downeaster title: The 'Ya Kant Seeit Frum Heeuh' Bill.

Magazine Ad Pages Decline 3.1 Percent Over 2010 Figures

Image via WikipediaIndividuals may resolve in January to slim down, but magazine publishers are praying for thicker periodicals in 2012, following a disappointing report released this week by the Publishers Information Bureau (PIB) reflecting a 3.1 percent drop in ad pages in 2011.

According to an article in The New York Times, a statement by the Association of Magazine Media, which oversees PIB, blamed poor results in the Third and Fourth Quarters during which "advertisers grew more skittish," that negated gains in ad pages over the first half of 2011. Nine of the 12 categories tracked by PIB showed a decrease in ad pages.

Although the grim news continues for magazines (see "TUOL" post 1/14/10), the Times article acknowledged that magazine ad pages at least outshine newspaper ad pages.

New Haven Not Safe Haven for Printers

Image via WikipediaThe New Haven Register will slash 105 jobs in March when it closes its printing operations, the New Haven Independent announced this week.

The Hartford Courant will print the Register, along with two other Journal Register East-owned papers, the Middletown Press and Torrington Register. The move is part of the Register's Digital First strategy, which touts the daily's online edition. Besides outsourcing printing, JRE plans to centralize back-office operations out-of-state, according to the Independent article.

The company plans to relocate its editorial offices and unload its Long Wharf facility.

Fall of the New Republic?: Mag Seeks New Owner or Fresh Investors

Image via WikipediaThe New York Times' Dealbook is reporting today that the 98-year-old bastion of liberal literati, The New Republic, is looking for suitors that either may result in an ownership change or a stable of new investors.

Founded by political scribe Walter Lippmann in 1914 and whose pages in the past have been graced by prominent authors such as Philip Roth, George Orwell and Virginia Wolff, The New Republic has been owned since 2009 by long-time Editor-in-Chief Marty Peretz and a group of investors headed by Lazard media banker Laurence Grafstein. Dealbook reports that the possible sale of the bi-weekly will be overseen by the Blackstone Group.

According to Dealbook, interest in the periodical, whose 2009 circulation figures were roughly 53,500, has been shown by several media groups, including Yahoo, Thomson Reuters and Bloomberg LP. Others are expected to kick the tires of the struggling journal, which has yet to solidify a digital makeover plan.

Buchanan Indefinitely Suspended by MSNBC

Image by FlickrPhotosAccount via FlickrConservative firebrand commentator Pat Buchanan, 73, has been indefinitely suspended by MSNBC, according to the cable news station's president, Bill Griffin.

Buchanan hasn't appeared on MSNBC since October. Although he told talk radio bloviators Hugh Hewitt and Sean Hannity in separate appearances that his absence was attributable to medical problems (excessive bile, perhaps?), Poynter.org, The Huffington Post and other media outlets reported the underlying reason may be a chapter in Buchanan's latest book, Suicide of a Superpower, entitled The Death of White America, that suggests the nation's European core has been overrun by immigrants.

Griffin was quoted on Poynter.org as branding some of Buchanan's ideas "[not] appropriate for national dialogue on MSNBC." Apparently, Griffin either experienced the slowest epiphany on record about Buchanan, or like most of the nation, doesn't watch MSNBC programming regularly.

Since Griffin's announcement, Buchanan complained he is the target of a smear campaign by activist Van Jones and his group, Color of Change, as well as the Anti-Defamation League and the Human Rights Campaign.

Buchanan served under Presidents Richard Nixon, Gerald Ford and Ronald Reagan, and three times sought the presidency, in 1992 and 1996 as a GOP candidate, and in 2000, heading the Reform Party ticket. He was the original host of CNN's Crossfire, and co-founded The American Conservative magazine in 2002.
He has come under fire on numerous occasions for alleged insensitivity to people of color, as well as for alleged anti-Semitism and downplaying of the Holocaust.

The hard-working staff of "TUOL" always associates Buchanan with the late columnist Molly Ivins, who commented on the so-called "Culture War" speech Buchanan delivered at the GOP National Convention in 1992, quipping that it "probably sounded  better in the original German."

Govt. Entitled to Twitter Records in WikiLeaks Probe, Federal Judge Rules

Image by Sean MacEntee via FlickrUnited States District Court for the Eastern District of Virginia Judge Liam O'Grady, in a three-page Memorandum and Opinion in In Re Application of the United States of America for an Order Pursuant to 18 U.S.C. sec. 2703(d) [Case No. 1:11-dm-00003-TCB], this week denied a request by Birgitta Jonsdottir, Jacob Appelbaum and Rop Gonggrijp to shield their Twitter account information from authorities seeking to prosecute WikiLeaks.

As reported by Wired, Twitter was served with a subpoena by the feds in December 2010, pertaining to a Grand Jury inquiry into possible criminal charges against WikiLeaks. The government wants information regarding the above-named individuals' accounts under the 1994 Stored Communications Act, 18 U.S.C. sec. 2703(d), which governs access by law enforcement officials to Internet data, such as transaction information, but not online content. Specifically, the order wants information about the trio's Twitter accounts, including addresses and phone numbers, account payment information (if any), IP addresses, data transfer records and connection records.

The ACLU and the Electronic Frontier Foundation contend the Twitter order violates the trio's First Amendment rights. In March 2011, U.S. District Court Judge Theresa Buchanan ruled the three lacked legal standing to challenge the records request because the government was not attempting to access actual Twitter content. Prosecutors argued that the Grand Jury probe was being stalled by the delay in obtaining the Twitter account information.

Judge O'Grady denied the petitioners' request because they failed to make a "strong showing" of success on appeal. "A stay is not a matter of right, even if irreparable injury might result," Judge O'Grady wrote.

Boston Globe to Publish Boston Herald; Will Red Sox & Yankees Soon Share a Dugout?

Image via WikipediaTeamsters yesterday unanimously gave their blessing to a deal that will have broadsheet The Boston Globe printing and delivering its rival tabloid Boston Herald beginning January 23, the dailies announced separately.

Terms of the agreement were not disclosed, though 50 Teamsters--drivers and other personnel--will be laid off by the Herald. According to a story in the Herald, the Globe will print and deliver the city edition of the tabloid Sunday through Friday and the paper's entire Saturday run, but the Herald, Sunday through Friday, will print most of the copies of the paper from its plant in Chicopee, Mass., which will be distributed by wholesalers, some of whom are Globe-controlled.

The deal makes fiscal sense for both dailies, which, of course, will maintain separate newsrooms and editorial identities. The Herald report of  the business arrangement stresses its imminent move into "state-of-the-art" offices in Boston's fast-growing Seaport District, while the Globe account of the deal emphasizes the Herald's personnel layoffs in the lead paragraph, so the competitive newspaper spirit captured by The Front Page may not entirely be dead.

Fox News Hires Liz Cheney as Contributor--Bolsters Its GOP Witness Protection Program

Image via WikipediaNot to be outdone by NBC/MSNBC, which showcases Chelsea Clinton, Jenna Bush-Hagar and Meghan McCain (see "TUOL" post 11/14/11), Fox News Channel has hired 45-year-old Liz Cheney, daughter of former Vice President Dick Cheney, to be a contributor and substitute host for bloviator Sean Hannity, according to The Hollywood Reporter.

Cheney, who has worked in the State Dept., will wax eloquent about national security issues and will be a high-profile contributor during the ongoing, never-ending Republican presidential primary season.

Fox News is keeping the terms of her contract a secret, which must bring a tear to the eye of ex-Halliburton Co. CEO Daddy Dick.

ECU Fires Student Media Faculty Advisor; Nude Student Photo in Student Daily Blamed

Image by Getty Images via @daylifeOne could say that "a bad streak" caused journalism professor Paul Isom his job at Greenville, North Carolina-based East Carolina University.

During his tenure at ECU, which began in 2008, Isom oversaw student-run media on campus and was advisor for The East Carolinian  newspaper. The paper's November 8, 2011, edition ran a memorable front-page, frontal-nudity photo featuring 21-year-old John Sieglinger streaking across the field during halftime festivities honoring the military of an ECU-Univ. of Southern Mississippi football game. Sieglinger told the student daily: "It was something that I wanted to do before I died." Having on one's bucket list the goal of displaying one's bucket to a stadium full of people may warrant its own separate blog post, but this item is about the ensuing action by ECU officials and the First Amendment hornet's next that has been stirred up.

The East Carolinian editor at the time said access to unedited, factual photos was a right of the ECU student body, even if the photos involved an unclothed ECU student's body. University officials condemned the photo as being in poor taste.

Prof. Isom, who was fired Wednesday, nearly two months after the Sieglinger photo ran, contends faculty advisors provide students with resources necessary to publish, but otherwise, stay out of the editorial decision-making process. The university declined a request by WITN-TV for a copy of Isom's termination letter, claiming the issue was a personnel matter and that the letter was not a public record because Isom's dismissal was not for disciplinary reasons.

College faculty advisors cannot engage in prior review of student-run newspapers at public universities without running into a First Amendment problem--that's the naked truth.

UPDATE: High Court Will Hear Arguments on FCC Indecency Rules Tuesday

Image via WikipediaOral argument on FCC v. Fox Television Stations (Case No. 10-1293) will be heard by the U.S. Supreme Court next Tuesday.

Justice Sonia Sotomayor, who sat on the U.S. Circuit Court of Appeals for the Second Circuit before her confirmation to the High Court, has recused herself from hearing the one-hour argument by the parties regarding the constitutionality of the FCC's indecency rules regarding "fleeting expletives" and "fleeting nudity" that govern television and radio broadcasting. The U.S. Circuit Court of Appeals for the Second Circuit twice has ruled the rules violate the First Amendment. (See "TUOL" posts 6/28/11 & 4/22/11).

Village Voice Ousts Long-time Senior Film Critic

Image via WikipediaThe Village Voice's senior film critic since 1988, (James Lewis) J. Hoberman, has been cut loose by publication owner Village Voice Media, according to reports on the New York Observer and Capitalnewyork.com Web sites.

Hoberman, 63, co-author of Midnight Movies (1983), was quoted as being "shocked, but not surprised" by his ouster. A Voice staffer dating back to 1983, Hoberman was a vocal union shop steward during staff labor negotiations with Village Voice Media last summer, when a strike was narrowly averted.

Hoberman joins a growing list of veteran Voicers who have departed the weekly in recent years, including Tom Robbins and Nat Hentoff, though the latter still is a contributor.

Instagram: Just Add President Obama Pix and Wait,,,

Image via CrunchBaseTrying to woo young voters with his hipness, social mediaphile President Barack Obama has added to his Twitter, Facebook and Flickr online presence by joining the photo-sharing network Instagram, according to Politico.

The Politico post, written by former Boston Globe political scribe and current Politico White House reporter Donovan Slack, notes that President Obama's initial contribution to Instagram is an informal photo of  him addressing Iowa Caucus supporters through a video link (naturally) from the Capitol Hilton. President Obama has developed social media expertise, which is fitting, because an obstructionist Congress has boxed him into a virtual presidency.

Twitter Adds Another Twit

Image via CrunchBaseNews Corp. mogul Rupert Murdoch, 80, joined the Twittersphere on New Year's Eve, The Los Angeles Times and other media outlets breathlessly reported, and already, @RupertMurdoch has more than 104,000 followers.

Besides plugging two films, The Descendants and We Bought a Zoo, produced by movie studios he owns, Murdoch has devoted some of his early 140-character missives to boosting the presidential bid of former U.S. Sen. Rick Santorum (R.-Pa.). Murdoch tweeted: "Good to see Santorum surging in Iowa. Regardless of policies, all debates showed principles, consistency and humility like no others."

Thus far, Murdoch has dispatched 27 tweets and is following 11 fellow Twits, including Eric Cantor and Peggy Noonan, along with the Wall St. Journal and New York Post, which are properties of News Corp.

Meanwhile, The Guardian and Associated Press have apologized for being snookered by a faux Twitter account the publications mistook for being written by Murdoch's Missus, Wendi Deng. Turns out @Wendi Deng was being written as a lark by some yet-to-be-identified guy in London. The Twitter bird has egg on its face, too, having wrongly verified the Deng account, if only briefly.

"TUOL" hopes Rupert doesn't hold back on Twitter, and looks forward to reading tweets such as: "Fox News fair & balanced? LOL;" and "Junior's testifying @Parliament again? WTF?"

Will Reality Fans Be Able to Track Kardashians' Periodical Monthly?

Image by Getty Images via @daylifeThe tabloid New York Post reports today that the omnipresent Kardashian clan is negotiating with National Enquirer owner American Media, Inc. to produce a glossy (not as in "brilliant") magazine about the celebrity family.

The fanzine may be on newsstands as early as spring, the Post reports, though neither side would confirm the story. No details were offered about the content of the Kardashian magazine, but "TUOL" suspects articles about the latest achievements of Kourtney, Kim and the rest of the klan, er, clan, will be augmented by columns featuring wedding announcements and NBA scores.

Look for the back of the book to be full and heavy with advertisements.

Hallmark Channel: Continuing Ratings-Starved Martha Stewart Show Not in the Cards

Image via WikipediaPotpourri and doilies are no substitute for viewers, so the Hallmark Channel will end the run of The Martha Stewart Show in April, Newser.com reports.

Stewart and Hallmark began their collaboration in 2010 (see "TUOL" post 3-31-10), but her show, which Newser.com said drew, on average, a quarter-million viewers last year, only attracted 41,000 watchers in the desirable demographic group of females, ages 25 to 54. Reruns of her program will air from April through September, according to Newser. Stewart may continue to explore other programming options with Hallmark and is pitching ideas to other networks as well, according to a spokesperson, so no need to send her a "Sorry to Hear You Were Cancelled" Hallmark card.

Here's a tip for Hallmark:  combining the shredded tapes of Stewart's old shows with assorted ferns and cuttings can produce stylish, but expensive centerpieces for formal shareholder dinners.

E.W. Scripps Co. Buys Itself Late Christmas Gift: 9 TV Stations

Image via WikipediaMediabistro's TV Spy blog reports that E.W. Scripps. Co. has finalized its purchase of 9 television stations from The McGraw-Hill Co.

The FCC last month signed off on the $212 million acquisition, that involves ABC affiliates KMGH-TV in Denver andWRTV in Indianapolis and several Aztec America affiliates out West, including San Diego and Bakersfield outlets.

The acquisition took three months to complete.

Happy New Year!

Image via WikipediaThe hard-working, low-paid staff of The Unruly of Law would like to thank devoted followers of the blog--as well as curious occasional visitors--for their continued support.  Have a safe holiday weekend and a joyous, media-savvy 2012!

Media & Human Rights Groups Voice Concern Over Kazakh's Repressive New Media Law

Image by Getty Images via @daylifeThe National Assn. of Kazakh Broadcasters and human rights group Adil Soz are among those highly critical of a restrictive media law awaiting Kazakh President Nursultan Nazarbaev's signature following Senate passage this week of the measure introduced by the Communications & Information Ministry, according to a report by Radio Free Europe/Liberty Radio's ["RFELR"] Web site.

The draft broadcast law mandates foreign tv and radio outlets to register with an official Kazakh entity and sets 2018 as the date by which half of foreign broadcasts must concern domestic content. The increased state control over electronic news media that the new law would entail prompted a letter of protest to President Nazarbaev signed by more than 40 Kazakh media NGOs, the RFELR article reported.

Hungary's State Broadcaster Fires Two Journalists Over Protest

Image via WikipediaHungry Hungarian journalists Aranka Szavuly and Balazs Nagy Navarro, engaged in a hunger strike since December 10 in protest against Prime Minister Viktor Orban of the conservative Fidesz party, have been terminated, according to a story in The Irish Times.

The State-owned public broadcaster said the journalists were canned for taking on a political role in conducting an "illegal" strike. Prime Minister Orban, who has drawn fire from U.S. Secretary of State Hillary Clinton and European Commission Head Jose Manual Barroso, among others, for reforms that purportedly infringe on democratic freedoms, was targeted by the two journalists for allegedly meddling in media operations, the Times reported.

Ex-NBA Great Scottie Pippen Moves Forward with Libel Suit

Image by Getty Images via @daylifeNBA Hall of Fame Forward Scottie Pippen, 46, has filed a defamation suit in the United States District Court for the Northern District of Illinois Eastern Division against 10 Web sites, claiming the media defendants falsely alleged he had suffered more than $120 million in financial losses and had filed for bankruptcy, according to the BET (Black Entertainment Television) Web site.

The 17-page Complaint in Scottie Pippen v. Comcast Corp. et al. (Case No. 1:11-cv-08834) alleges defamation, negligence and false light against the defendants and reads as if it were prepared by an avid Chicago Bulls fan, replete as it is with Pippen's noteworthy scoring and rebound achievements. Among the media defendants in the suit are Comcast-owned CNBC, CBS Corp.,  Sportsreport360.com, Evolve Media Corp., Yakezie Network and the University of Tampa Minaret.

The plaintiff alleges he lost out on numerous endorsements and appearance fees because of the purportedly erroneous statements concerning his financial condition.