AJR's Attorneys Refuse Retraction, Make McCaw's Claims Look Silly
In a sternly yet clear December 27, 2006 letter to Stanton
L. Stein, the attorney hired by News-Press owner
Wendy McCaw (pictured) to sue newspapers and magazines
(including The Santa Barbara Independent), the
American Journalism
Review's attorney flatly refused to run a retraction of
the article on the News-Press meltdown written
by Susan Paterno.
That's the article that also prompted
McCaw to attack Paterno herself with a lawsuit,
marking perhaps the first time that a newspaper publisher ever used
a court of law to individually threaten a writer. (See Paterno's
"Santa Barbara Smackdown" here.)
The six-page letter (plus five pages of N-P office
memos and emails/letters to Paterno from PR lady Agnes Huff and laywer David Millstein) from D.C.
lawyer Charles Tobin of the firm Holland and Knight
states that the December 6 retraction demand sent to AJR
only revealed two instances of inaccuracy by Paterno:
that Huff was not also called a CEO and that
McCaw's fiancee Arthur von Wiesenberger stopped
writing restaurant reviews when he was crowned co-publisher.
[CORRECTION: These were not, as reported here, technically
inaccuracies. Paterno reported that Huff was "communications
manager" for the newspaper, which is what Huff told her, and she
was informed by others of von Wiesenberger status as critic and
co-pub. AJR issued these facts as clarifications, not
corrections.] The magazine, Paterno, and Tobin were able to verify
the other 30 or so claims for retraction and correction as
substantially true.
Tobin's letter is full of embarrasing blows to McCaw and company. First of all, Tobin explained that it's not clear even who the client is, because Stein is supposedly representing Ampersand Publishing, yet many of the demands are for individuals, namely McCaw and von Weisenberger. Also embarrasing for McCaw's team was Tobin's assertion that most of the alleged mistruths were actually verified by the retraction demand sent to AJR. For example, McCaw demanded that the magazine retract the suggestion that management was getting involved in newsroom dealings, but in the letter, her attorney clearly states that "Ampersand management" involved itself with "the general direction and quality of news reporting." McCaw's demand also stated that it was misleading to say that Travis Armstrong "killed" a story while simultaneously admitting that the article "was not published" after the reporter submitted it.
The retraction demand also listed problems with Paterno's interpretation of events, such as her conclusion that the newspaper management was trying to silence its critics. Yet Tobin attaches Millstein's letter to Paterno and cites it as a clear example of an attempt to silence Paterno. Also in that letter by Millstein is the statement that no one from the newspaper's management would be doing any interviews whatsoever. That pretty much sums up Paterno's line, which McCaw's attorney disputed, that McCaw "consistently refused to comment on the upheaval at her newspaper."
Tobin, a former journalist, reminds McCaw's lawyer that "courts in [California] flatly reject all efforts to challenge substantially truthful statements, such as the reporting in the 'Santa Barbara Smackdown' article" and that the state is also critical of attempts to silence reporting on public affairs via the "nation's strongest anti-SLAPP laws, which entitles litigants to recover their attorney's fees when faced with meritless challenges to their First Amendment rights."
But Tobin's real home runs are in his last two paragraphs:
"We are frankly dismayed that a news organization like the Santa Barbara News-Press would adopt the aggressively anti-free speech approach reflected in its December 6 letter to AJR and the frivolous lawsuit that your client has filed against Susan Paterno. Your client's position is especially disappointing given the numerous attempts Paterno and AJR made to speak with the newspaper's executives. Every item addressed in your letter would have more appropriately been discussed with the author before publication had Ampersand Publishing chosen to accept the invitation for an interview.
"We sincerely hope that the Santa Barbara News-Press will reconsider its obligations to the journalism community, abandon its frivolous pursuit of litigation and legal threats, and commit itself instead to the free and open exchange of ideas, and the straightforward reporting of the news, that its readers deserve."
Well put, Chuck. We'd like to see the same. For more, read the letter yourself by clicking here.
Double-clicking on any word or phrase in this story will open a reference window with definitions and links to other reference material.
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Is the December 6 retraction demand by McCaw that prompted Tobin's letter available? Tobin said it would be posted.
anon
January 11, 2007 at 8:15 p.m.
A short interview with the author of the L.A. Weekly article about Wendy and her “posse.”
“FBLA EXCLUSIVE: Ross Johnson on Wendy McCaw & Her Posse”
http://www.mediabistro.com/fishbowlLA/on...
No mas
January 11, 2007 at 8:46 p.m.
Coverage by Editor & Publisher of Jerry Robert’s article today:
http://www.editorandpublisher.com/eandp/...
More national attention, Ms. McCaw!
January 11, 2007 at 8:51 p.m.
The AP story about the hearing, as it appears in the San Jose Mercury News
http://www.mercurynews.com/mld/mercuryne...
More and More, Ms. Wendy
January 11, 2007 at 8:53 p.m.
Thanks for the links (probably the same obsessed poster) you all.
The E&P is the best of the lot, and the SJMN piece is a complete cribbing of the Indy's articles.
And the author of the LA Weekly piece comes off as a significant tool, a weenie-esque martinet who is deigns to dive into Dagwood and emerge with the straight dope on the News-Press to relay to the kewl kids in LA. He really should send at least 1/2 of his payment for the article to the Indy, Nick Welsh, Blogabarbara, and Craig Smith for doing his "research."
--virtual frankfurter fry
biff arden
January 11, 2007 at 9:18 p.m.
One new thing is how the Indy this week very quickly got the news out to local readers about the hearings -- five pieces in five days on its blog. The many photos told their own story in a compelling way. The weekly print format alone is a thing of the past.
Along with Edhat, Craig Smith's Blog and Blogabarbara, not to mention others like George, electronic media is becoming a force in this town. LA Observed and the rest from outside only add to the weight.
The News-Press, by contast, has a website that most can't get inside, no blogs, and content of declining quality. It must be one of the worst in show nationally for a daily newspaper's web presence.
Many of us now fire up the computer first thing in the morning to read Craig Smith and the L.A. Times on-line, leaving the News-Press alone in the driveway, if we still subscribe.
No wonder McCaw is losing on all fronts.
The New Reality
January 11, 2007 at 9:18 p.m.
Here's link for you all regarding a recent move by former (great) News-Press publisher, under the NYT, Steve Ainsley.
NYT Co. Eliminates 125 Jobs at Boston, Worcester Papers
--virtual pink slip
biff arden
January 11, 2007 at 9:23 p.m.
That photo of her, again. Above. It's so revealing of her personality.
It looks like she's at the Bowl -- one of the happiest and most beautiful places to be during the summer.
But take a close look at her face. She just looks unhappy and pissed and ...
P.S. Is that a black muu muu?
A Window Into Her Soul...
January 11, 2007 at 9:28 p.m.
The New Reality--you're right on target.
Harriet
January 11, 2007 at 9:29 p.m.
Thanks Biff for the link to the Globe article. It is very clear why Mr. Ainsley was sent there this year. It is the same reason he was sent to the NP many years ago. The Globe is in trouble and he is there to fix it. We had a similar situation and he was given 5 years to "fix it" Here is the difference between Ainsley and McCaw. He will make painful changes but they are carefully thought out and communicated to the employees. He will only lay off the people he has to and let attrition take care of the rest. He will pull everyone together to make this happen and the Globe will end up a much better and more profitable paper. He makes it a team effort (with him as part of the team)and updates the employees regularly, plus inspires everyone to always put out their best effort. I will make a note though that he does not get involved in the day to day operations of the departments, but rather confines himself to the publisher's role, yet is very accessible and friendly to the employees. He understands and values the contributions employees make to a company's success.
Ex Inmate
January 12, 2007 at 5:11 a.m.
Your article quotes Attorney Tobin as writing, "We are frankly dismayed that a news organization like the Santa Barbara News-Press would adopt the aggressively anti-free speech approach reflected in its December 6 letter to AJR and the frivolous lawsuit that your client has filed against Susan Paterno."
The constant bandying about of the term "free speech" regarding the News-Press situation needs to be grounded in reality.
The First Amendment prohibits the federal government from interfering with the free speech rights of persons under its control: "Congress shall make no law … abridging the freedom of speech … ."
Those prohibitions apply to state and local governments as well, via incorporation of the rights guaranteed under the First Amendment by the Fourteenth Amendment.
Nowhere in the text of the amendments, or in subsequent judicial interpretations of them, are individuals guaranteed protection against interference with their speech by non-governmental actors, i.e. other persons, including legal persons such as corporations, unless those persons conspire with public officials to effect the interference.
The Supreme Court, in a case pitting the NCAA against UNLV coach Jerry Tarkanian, held: "Embedded in our Fourteenth Amendment jurisprudence is a dichotomy between state action, which is subject to scrutiny under the Amendment's Due Process Clause, and private conduct, against which the Amendment affords no shield, no matter how unfair that conduct may be."
Thus, the dearly departed editors and reporters of the News-Press have no legitimate claim of a First Amendment violation by anyone at the paper or its corporate alter ego.
Perhaps the use of the term of art "free speech" should be reserved to its proper usage.
Michelle DuNoire
January 12, 2007 at 12:40 p.m.
Michelle, Michelle:
You overstate your case. Constitutional free speech protections are invoked when state action through judicial intervention is sought. Hence, there are limitations on libel and privacy actions arising from constitutional sources - state and Federal. That is certainly something for Paterno and others to assert.
Additionally, free speech has a broader basis legal protection than just the constitution. Thus, Anti-Slapp statutes allow for the enhanced protection of speech attacked by McCaw's favorite weapon, litigation. Other statutory sources also exist in support of free speech.
So lets not try to constraint notions of free speech too narrowly.
D
January 12, 2007 at 5:53 p.m.
Some of you have raised a few very fine and well thoughtful legal points.
However, let me remind you that in the U.S. Supreme Court case (certa 224/2006/Fed. 120.2),
in the case of Daffy Duck vs. McCaw, the high court ruled that Daffy's clothing, voice, physical appearance and even shape are unique.
So any resemblance to Ms.McCaw is coincidental and not a trademark infringment.
However, the Supreme Court remanded the case to the lower court, saying that while Daffy attempts to steer the action back to some kind of normality, McCaw falls short on this.
The justices, however, refused to comment on whether Daffy Duck would make a good newspaper owner. The high court did, by a unimimous decision, find McCaw to be a much funnier cartoon character.
Pandemonium reigns throughout the cartoon as Daffy attempts to steer the action back to some kind of normality, only for the animator to either ignore him or, more frequently, to over-literally interpret his increasingly frantic demands.
Raul Hernandez
January 12, 2007 at 9:56 p.m.
Two ongoing disasters playing back to back at the U.S. Bankruptcy Court last week:
--The News-Press Mess, starring the Joker Baron and the usual cast of characters.
--Levitown, starring the usual cast of characters.
Down State Street, Alpha Dogs opens.
You can't make this stuff up
January 13, 2007 at 7:45 a.m.
Dear INDY WEBGUYS AND GALS:---you might want to do a post on your home page on the emergency shelter locations in SB County. Despite the press release the COunty issued yesterday and 20 degree weather expected tonight, the NewsPress chose to include NONE of the info on its website---- here it is, accessible on the COunty's home page:
http://www.countyofsb.org/documents/2007...
Concerned citizen
January 13, 2007 at 8:33 a.m.
Not entirely true. The locations of shelters are in todays A3 section. Did you ever consider that a attack on the paper somewhat hurts the employess that are stuck in this mess?
get your facts right!
January 14, 2007 at 1:22 p.m.
Re: posted by "get your facts right!"
The NP is NOT a paper worth reading. I discontinued my subscription 2 yrs ago. Money down the drain. Put the blame were it belongs, on the owner and publishers. Yes, I am sorry for the employees, but we others still have a right to our opinion and to put our money were we can get the most value. What page were locations of the shelters on yesterday?
louise
January 14, 2007 at 1:43 p.m.
Yea, less than $.25 a day is a waste of money. Good thinking miser.
get your facts right!
January 14, 2007 at 2:37 p.m.
The notice about the shelters was sent out by the County on Friday. KEYT news had it on Fri evening news. Nothing IN the newspress till today, Sunday....helluvalottagood that did...
factsright
January 14, 2007 at 3:05 p.m.
Where is Dr Laura Sunday column or the notice why she's MIA?
anonymous
January 14, 2007 at 6:34 p.m.
Wendy has pulled Santa Barbara and The Mess back into the New York Times, complete with the Indy’s favorite photo of her (from “Paula” Wellman):
"A Newsroom Fight Spills Into the Streets of a Once-Peaceful Town"
By SHARON WAXMAN
Published: January 15, 2007
http://www.nytimes.com/2007/01/15/busine...
Everyone will have their favorite paragraph; here’s mine:
“When asked why Mrs. McCaw has consistently chosen legal action when she has felt wronged, rather than engaging in dialogue with readers or her news staff, [Millstein] said, “A cease-and-desist letter is a form of dialogue.”
Wonder if McCaw will sue Sharon Waxman of the New York Times like she did Susan Paterno of the American Journalism Review?
Wonder if McCaw will ever understand that she’s so out of touch with Santa Barbara County that she doesn’t know what’s up, what’s down, and what she is truly ruining.
All the News That's Fit to Print
January 14, 2007 at 10:34 p.m.
Looks like Wendy is making Santa Barbara hairdresser Eric Zahm famous.
Can I call for an appointment?
January 14, 2007 at 10:44 p.m.
Judging from her photo in today's New York Times, our famous newspaper owner obviously has a complicated relationship with hairdressers.
More Conditioner, Please
January 15, 2007 at 8:57 a.m.
The stupidity of McCaw suing everyone in sight in this small town is an age old brand of stupidity that takes several forms. One example of thses forms is when Christians protest things like Marilyn Manson concerts, and in doing so trump up and draw way more attention to what would otherwise have been an event that would have passed without catching the media's eye.
Had McCaw, instead of legally intimidating a hairdresser, written an editorial outlying why the attack signs bother her and invited the hairdresser to write an ediortial expressing why he put up the sign, the reaction would have been:
A) Wow, she's an actual human being.
B) She really is interested in the community.
C) Maybe she's not so bad.
D) The Nipper still looks like the Joker. (Man, I even think his hair looks a little green in that picture above. Is this just me?)
I digress. Anyways, she's making bad choices again and again that beg for negative attention. She's made this mistake so many times one has to wonder whether she's generating this attention on purpose. Maybe her Hollywood friends have her convinced that all publicity is good.
Worker Bee
January 15, 2007 at 9:19 a.m.
Has Dr. Laura pulled out of the News-Press for good? Or is she just taking a vacation? (Most responsible newspapers would have a note from the editor-in-chief letting readers know.)
Dr. L is not a New York Times type of gal, but maybe she decided that her association with Wendy McCaw and her live-in boyfriend is damaging the "Dr. Laura brand" that she needs to sell books.
Where's Laura?
January 15, 2007 at 9:39 a.m.
This article is of great interest to me, and certainly an important issue for the SB community. However, this being a blog entry aside, I am astounded at the problems with grammar and flow. As this is a component of the Independent as a print and electronic publication, I am surprised and disappointed -- a closer editorial eye would have done much to improve the style found here. I choose the Independent over the Snooze Press because of its objectivity, but, here, the quality of writing is wanting.
Reader
January 15, 2007 at 10:13 a.m.
Dear Reader,
Nice soapbox. How long you been retired from teaching jr. high English? I think I had you at La Cumbre...but that was back in the early '70's...
Ummmmm, have you ever heard the adage that substance outweighs style? And that, YOUR verbosity aside, most of these bloggers are using colloquialisms and vernacular appropriately to the medium? Furthermore, you can't possibly be suggesting that Indie editors "fix" or improve the style of these comments, can you? That would be TOTW. (totally off the wall)
Dude: Chill on dogging the style of this forum, or go write a sequel to EATS SHOOTS and LEAVES.
Whatever.
Offended by your offendedness
January 15, 2007 at 10:39 a.m.
O'ffed by yo' off'ed-ness:
I took the comment as referring to the article itself, of which some improvement could be had. Perhaps a graphic example of timeliness over timelessness. A valid point unworthy of your mini-flame, in my estimation.
--virtual OED
biff arden
January 15, 2007 at 11:35 a.m.
Biff, Reader:
Tru. My bad.
Still, given what Matt and Crew were getting out so quickly, and thoroughly, I think Reader's critique of the article was kinda rough, though.
Sry 'bout the flame...too quick to lash back.
It's all good!
Offended by your offendedness
January 15, 2007 at 11:47 a.m.
The punchy news blasted out by Kettmann is fantastic style and has no technical errors except may be a little speling. He is famous for how his first drafts do not read like first drafts.
That is how such a long, detailed report can get posted within a few hours after the event occurs. When he writes a feature for Time, as he did a couple of years ago, then the editing can undergo two more rounds of polishing and 5 days of delay.
David Pritchett
January 15, 2007 at 11:59 a.m.
New Rule:
going forward, Matt will now be referred to by his new nickname, "Punchy Kettman."
thx, David.
Offended by your offendedness
January 15, 2007 at 12:14 p.m.
On another thread they are mentioning pictures of Dr. Laura's son and fiancee. She is selling books, that does not prevent her workers from making obligations. It is very unprofessional not to inform readers when a column isn't printed. They'll all make up excuses. Remember Dr. Laura just praised Wendy's diversity and claims they only met once (Biltmore November 11, 2006). Does anyone listen to her, she may say something about what is going on? Friday she was not on air because of the Spocko & KSFO show.
anonymous
January 15, 2007 at 12:51 p.m.
Flow and grammar critiques of blog entries? Wow. I thought most readers knew that speed and info were the point of these things, not writerly style or even punctuation for that matter. (Though I still fail to see any egregious errors above.) But I guess not, so here, we're unveiling our OFFICIAL BLOG DISCLAIMER. Never thought I'd be the one explaining how blogs work. Ha.
"OFFICIAL BLOG DISCLAIMER: Due to the fast-moving nature of the blogosphere, The Santa Barbara Independent and Independent.com want to warn readers that blog postings do not go through the traditional editing process. Therefore, please excuse the occasional grammatical error. As well, since the blogs are primarily informational and valued for their speediness, please do not seek out our blogs for examples of excellent writing. For that, please see our printed edition, the award-winning rag that comes out every Thursday."
That about does it. For those who are still dumbfounded, consider blogs like telegrams: informative, fast, but not to be confused with an article.
Hope this helps those who've been comparing blog-writing to feature-writing. If you'd like to see good examples of feature writing by Matt Kettmann or anyone else on The Independent's staff, feel free to reqest such materials by emailing matt@independent.com.
Thanks.
matt k takes bait
January 15, 2007 at 2:20 p.m.
In all this NP mess there must be a book here on how to go from "From Fame to Infamy"?
louise
January 15, 2007 at 2:41 p.m.
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