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 Past Columns
Anonymously YoursShould the Tribune have let online readers trash Rachel Barton Pine?
By Michael Miner April 17, 2008
The Tribune had every reason to be proud of the cover story in its March 30 Sunday magazine: “Comeback Kid,” a profile of violinist Rachel Barton Pine by Howard Reich. Previously an exceptionally private public figure, Pine made Reich privy to her estrangement from much of her family, her physical limitations since she fell beneath the wheels of a Metra train in 1995, and her regrets about her career. Reich wrote: “Medically, ‘It’s never over, just because of the complicated nature of the combination of my injuries,’ she says. Professionally, she still longs to perform with the world’s greatest ensembles. ‘If I didn’t get to play with those kinds of orchestras,’ she adds, ‘I would be heartbroken.’”
But despite Reich’s accomplishment, local classical music critic Marc Geelhoed had good reason to write on his blog a few days later, “The editors of the Tribune should be ashamed of the hurt they allowed Barton Pine to endure.” Geelhoed wasn’t protesting Reich’s story; he was disgusted by what followed when the Tribune posted it online.
Not long ago, readers’ reaction to such a story would have been limited to the letters page. Two or three of the sampled letters might have praised her courage and musicianship; one might have suggested it wasn’t her injuries holding her back but the fact that she was simply one fine violinist in a world of many. Vicious personal attacks would have been spiked.
But these days newspapers facilitate response that’s fast, furious, and virtually unmediated. Reich’s story went online Friday evening, March 28, and the first comment posted said this:
I am sick of hearing the pathetic story of Rachel Barton. Let’s look at the real issues here:
1. If the violin is stuck in the doors of a train, let it go, don’t let it drag you onto the tracks.
2. Taking $30M+ taxpayer dollars [her settlement from Metra] when it was truly a self caused accident epitimizes the epidemic of lawsuits in the United States today.
3. Accept your injuries, don’t be whining about them 13 years later. There are hundreds of soldiers from Iraq who have lost limbs defending our country who amazingly recover in less than a year.
Step up to your own mistakes and please stop complaining.
It was signed “Call me a bonehead but” in Oak Lawn.
After “bonehead,” the deluge: By the end of the weekend another 164 responses had gone up for all to read. The next several commenters had rallied to Pine’s side, but then someone said, “I feel no joy in her from this interview. I only feel her self pity shining through,” and someone else wrote that the Chicago Symphony won’t engage her because she’s a “boring violinist” and she and her husband are “bitter, angry, not nice people.” Her financial settlement bugged some readers. “Andrew” in Palatine said, “I hate seeing anyone hurt, but 30 million is too much for my tax paying arce to take, for something that was really her fault.”
Pine’s defenders begged her assailants to go back to Reich’s article, which said she’d been pinned to the door of the moving train by the strap of her violin case—she hadn’t simply been unwilling to let it go. But they didn’t all take the high road: One called the assailants George Bush-loving “scumsuckers . . . directly responsible for the deaths of 4,000 of our young men and women. They simply don’t care about or value human life. Like all ‘conservatives.’”
Lively reader forums create the traffic that brings in advertising dollars. But Geelhoed, a former critic for the Reader and Time Out Chicago, thought this forum found the newpaper abdicating a responsibility: “That no one was screening those comments for malicious content is inexcusable. . . . Any malevolent malcontent with a modem can write any graffiti he wants over a story, airing half-brained (at best) schemes and rumors and slander and, yes, libel, and get away with it without divulging so much as a first initial, entirely in the name of NEW MEDIA.”
Geelhoed, who now manages the Chicago Symphony Orchestra’s CSO Resound label, supposed there was something good about people getting so worked up about a classical musician. But this was a “puerile, pathetic discussion that’s on the same level of effectiveness, and just as filthy, as a prison inmate flinging crap at a passing warden from inside his cell.”
I got in touch with Geelhoed and asked him to elaborate. Posts that ascribed Pine’s career troubles to her personality and level of talent were responding to premises of the article. Should they have been screened out?
Geelhoed didn’t back off. “If they say she’s difficult, they should have to corroborate that somehow. . . . Essentially, I’m arguing against the Web sites used by publications serving as places where people can make any comment they wish and expect that no one will find out who said it.”
As the Tribune’s innovation editor, Bill Adee oversees the Web pages. The Tribune does screen comments, Adee says, and in a couple of ways. “Comments go through an automated filter that checks for language,” he explains. And once a comment’s posted, readers who object to it can flag it. Two flags require an editor’s attention. About ten comments on the Rachel Barton Pine thread were flagged and eventually removed, perhaps a woefully small number in Geelhoed’s eyes. “The people who were commenting on the board either weren’t offended or didn’t understand the [flagging] tool,” says Adee. “[But] I think the reason is that when somebody said something outlandish or just plain wrong, people came back at them.”
Howard Reich wrote the article. Could he have monitored the give-and-take that followed it? “For Howard to have been approving comments, he’d have been there all day and all night,” Adee says. Besides, “doesn’t that imply that because somebody gives herself to the writer that the writer’s going to take care of her?”
As Adee points out, 50 years ago—and he could as easily have said 10—people who read Reich’s article would have argued about it over lunch and in their own living rooms. Some of that chatter might have been just as cruel, but it wouldn’t have convened publicly to feed on itself and tarnish the Tribune. Now it’s all there on display in the Tribune’s house.
One reason why is legal. Think of the reaction to the Rachel Barton Pine story as a blizzard that quickly turned to deep, dirty slush. Until Chicago passed an ordinance several years ago immunizing residents who shoveled their sidewalks, it was legally safer to let the snow lie where it fell than to go out and clear it away. A snow-covered walk was God’s doing—but when you shoveled it you made yourself responsible for its condition.
“It probably would seem strange to people,” says Adee, “that as we currently operate, the more oversight there is the more liable you are.” On the instruction of the Tribune legal department, there’s no editing of comments. Letters in the paper are carefully edited, but online in the readers’ threads, what you read is what the Tribune got.
Then again, what Adee says about liability might not be accurate. The 1996 Communications Decency Act contains a section that protects Web hosts who passively allow material to be posted on their Web sites, and within it is a “Good Samaritan” provision that, like Chicago’s revised snow-shoveling ordinance, protects those who try to do the right thing. They can’t be made liable by “any action voluntarily taken in good faith to restrict access to or availability of material that [the host] considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.”
But papers wonder whether stepping in to do the right thing one time will weaken their position if another time they don’t. The problem, says Sam Fifer, a media attorney who handles libel cases for the Tribune (but emphasized that he was speaking here only for himself), is that there isn’t a lot of case law yet to show papers just what they can and cannot do. “We’re a cautious bunch,” says Fifer. “So there’s a certain amount of ‘let’s take it slow and easy.’ The stakes are not insignificant.”
This reading of the law supports a laissez-faire approach to reader participation, an approach that, as Fifer says, “takes less heavy lifting, I’m sure.” I ask Adee how many more employees he’d need to carefully vet everything readers wanted to post. He pulls a number out of the air. “Twenty,” he says, “and then you wouldn’t be able to do the thing that readers on the comment boards like. They write it, they push a button, and it shows up on the site. You’d lose that. It’s not a conversation anymore.”
Twenty more employees! And the press believes its salvation lies in one day having far more reader activity than there is now.
“We’re in the first inning of how this works,” says Adee. “I know there are better ways to do this.” 
For more on the media, see Michael Miner’s blog, News Bites. Send a letter to the editor.
From the Reader blogs News Bites Michael Miner: Gerould Kern, new editor of the Chicago Tribune, talks to Reuters. Friday at 12:49 pm
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gary dretzka at 7:09 PM on 4/16/2008
The answer to this faux dilemma can be found in the headline to Hot Type. Conversations these are not ... merely rants shielded by the veil of anonymity. Demand real names -- or pre-screened pseudonyms -- and you've diffused the question of liability. Plus, it adds respectability to a letters page, where readers with less "game" or "smack" might soon be too intimidated to respond.
Bonehead's opinions, while coarse, weren't salacious enough to require anonymity. But the pseudonym allowed other, more dubious commentary to flow unfettered thru the same sewer pipe.
Unfiltered commentary is swell, in its place. If the Tribune wants to work both sides of the street, it shouldn't become defensive when compared to such sites as Gawker, Defamer and Fleshbot. Anonymity on such sites is necessary to ensure that the responses of potential sources, unemployed pervs and amateur humorists will keep boosting the hit count. The e-mails can be extremely entertaining, but rarely are confused with conversations. They constitute free "content," nothing more.
Staffing at Tribune and most other sites is problematic, as Mr. Adee notes. This can never be used as an excuse for cheapening the product ... even if that's what's happening on a daily basis at every newspaper in the country. The rush to be first, with the most hits (however inaccurate or demeaning), seems to trump everything else. Perhaps, if Mr. Adee, had spent less time crafting entries to the Sun-Times' song contest, and dealt with such issues as this, the Tribune's reputation wouldn't suffer in the name of innovation. ... signed Not Bonehead Jr.
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Andrew Patner at 10:17 PM on 4/16/2008
Gary has this exactly right. When are people sponsoring these sites going to get it that anonymity is pretty much the whole issue? Newspapers don't run unsigned letters, NPR does not air unsigned letters. Why does anyone think that this sort of nonsense is worth tolerating, let alone sponsoring and [e-}publishing?
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ed at 11:40 AM on 4/17/2008
If you can't stand the heat, get out of the fire. She didn't have to make any public comment, but since she chose to say something, others are entitled to weigh in with their views. The Tribune could deal with part of this problem by requiring full identification instead of "ed" as in my post here, but other than scrapping public comment and seeing Web site use plummet, then public response has to be expected for public comment. Also I would note that people or companies no longer control their marketing techniques in this Internet age, where blogs and amateur critics are weighing in with their views.
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Pvt. McCormick at 12:15 PM on 4/17/2008
Media exist to enlighten, no matter what Sam may think, but I invite Adee or any other editor to provide an example of a Tribune story where the public comments have successfully shed light on the reporter's original work, rather than the improbable feat of casting darkness.
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connecticut at 12:19 PM on 4/17/2008
"Staffing ... can never be used as an excuse for cheapening the product ... even if that's what's happening on a daily basis at every newspaper in the country." - sorry, Gary, but that analysis is self-contradictory, unrealistic and plain-vanilla untrue. Staffing is THE issue destroying news coverage today, and the press has spent way, way too many years pandering to self-proclaimed media critics who try to dismiss that reality.
The problem here is under-regulated capitalism - media owners are concerned purely with revenue, and revenue is down across the board in mainstream media. As the numbers drop, newsrooms get increasingly frantic orders from the executive corps ... look at Newsday's photo gallery of a half-year's worth of car wrecks, some of them fatal. That's tragedy dressed up for entertainment. Problem is, America NEVER wants to face the harsh truths about the failures of capitalism ... and that's a political & intellectual failing of the PEOPLE. Not the fault of news staffs or even the cash-grubbbing corporate investors, but rather the direct failure of U.S. citizens.
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lance at 1:42 PM on 4/17/2008
I wasn't going to respond, and probably will regret having done so. But who cares what people write in these comments? There is a clear issue of libel that I shall leave the lawyers to fight over. There's a clear issue of public taste, which I will leave the newspaper to fight over. And there is a clear issue of personal spite and venom, which I shall leave it to the anonymous writer's conscience to fight over.
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ES at 2:08 PM on 4/17/2008
To answer the question in the headline, "yes." With the issue of free speech, you're either all in or all out. I'm appalled by neo-Nazi organizations, but I think they have every right to exist and express themselves. Aside from yelling "fire" in a crowded theater and making violent threats against another person, or whatever the online equivalent of that would be, you have no choice but to accept the viciousness, stupidity and withering criticism that online message boards spawn. If you plant to be any sort of public figure -- artist, politician, intellectual, whatever -- all I can say is, suck it up cupcake. I am a writer for a newspaper, and that's why I turned off the Google alert for my name. :)
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Big Tuna at 2:36 PM on 4/17/2008
Do you know why people write such hateful comments?
Because of George Bush, the Iraq Was, Halliburton, Global Warming, Autism, the evil corporations, and the Red Sox!
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gary dretzka at 5:34 PM on 4/17/2008
Connecticut is correct in remarking that staffing is most of the problem in situations like these. My point was that staffing -- or lack thereof -- should never be used or accepted as an excuse in discourse with readers. It's not their fault the Tribune is understaffed, and has been for 10 years, at least. The core excuse/reasons for understaffing is greed and fear, but try selling that to readers as an official response.
Everyone below the bonus level at a newspaper complains about staffing, but few are sufficiently overworked or financially solvent to challenge the bosses in a public forum. Too dangerous. The days of last-hired/first-fired are long gone.It will take an epidemic of fatigue, nervous breakdowns and Page 2 corrections to sway the greedheads in the Tower. So, as they say in the movies, "Resistance is futile."
On Conn's point about the "failure of capitalism," I'd argue that it's the free-market system that has failed the citizenry. Capitalism is working marvelously for the oil barons and NAFTA proponents right now. It could work for rank-and-file folks just as well, if they were allowed the many tax shelters, bankruptcy protections, golden parachutes and insider info provided Donald Trump,Sam Zell and Dennis FitzSimons, among others. Free-market policies work fine at the weekly farmers markets ... not so well at the intersection of Wall and Main streets or Clark and Addison, for that matter. And, at a time when the major presidential candidates are multimillionaires, this isn't likely to change.
As for the issue of free-speech on the Internet, Mainstream Media have tried to tame the Wild West as long as they've sensed it will be around for a while. Some papers have eliminated their chat rooms because they realize how difficult it is to monitor them. AOL became a lost cause when it tried to limit free speech on its service. Mainstream Media's interpretation of what constitutes free speech on the web jibes with its interpretation of free speech in the analog world: free speech protections only apply to those who own the presses and transmitters. Defending a neo-Nazi's right to march through Skokie is one thing -- or the right of ABC to show a little tail on "NYPD Blue" -- but the ability to yell "cocksucker" on a crowded website is something quite different.
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Ron S. at 11:26 PM on 4/17/2008
One called the assailants George Bush-loving "scumsuckers . . . directly responsible for the deaths of 4,000 of our young men and women. They simply don’t care about or value human life. Like all ‘conservatives.’"
----
Couldn't have said it better myself.
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Teina at 11:31 PM on 4/17/2008
I've noticed that regardless the nature of the article, tons of Tribune commenters routinely call residents on the West and South sides everything but children of God, and the Trinune allows it. Alternative news outlets haven't deemed it worthy to run an article on that. So why should Pine be exempt? Oh, let me guess, she probably doesn't live in those parts of town, nor does she look like most of the people in those parts of town. OK, I stand corrected, and I'm sorry for the interruption. Carry on with your all-important debate as to why the Tribune shouldn't allow commenters to lambaste Pine.
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Marki at 12:57 AM on 4/18/2008
When you clearly, by clearly stated policy and by actual practice, don't touch comments on a blog at all, you're judgment proof, and the plaintiff probably won't even be able to convince an attorney to file suit without an huge up-front cash retainer.
When you delete or edit comments under the "good faith" clause, you create a question of fact that can be tried. You may prevail on your good faith claim or you may not, based on the evidence at trial. Since there's a chance that you will be found not to have acted in good faith, there's more of a chance that a plaintiff will have a go at suing you. Even if you win, it's a legal nightmare and a huge distraction.
So the Tribune is doing the rational thing. For individual bloggers without a law firm on retainer, it's really the only way to go.
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so-called "Austin Mayor" at 10:55 AM on 4/18/2008
Every blog commentor should be required to provide his or her real name.
-- SCAM
so-called "Austin Mayor"
http://austinmayor.blogspot.com
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tim howe at 11:08 AM on 4/18/2008
The "free-speech" dodge is just that. Free speech and the anonymity often required to ensure the freedom of association are fine in the public square. But the newspaper's website is no more public than the lobby of their building.
You can shout whatever tripe you want out on the street, but if you want to do it in my house, you have to follow my rules, which include introducing yourself and being polite.
Salon.com recently stopped allowing anonymous posts in an effort to elevate the discourse. My recollection is that the debate ran about 75% in favor of their decision (my perception, anyway). It seems to have helped somewhat.
Sadly, no matter what you do, many electronic response sites are too full of people simply screaming at each other, for no reason other than to try to prove they can yell louder.
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Hole in the argument at 11:27 AM on 4/18/2008
There's one the size of a truck in what Adee is saying. Reporters and columnists at the Trib DO read and must approve each comment posted to a blog. But the comments posted to a Sunday magazine story are NOT important enough (or the Trib doesn't have the staff, or the writer doesn't have the time) to vette those comments, so anything goes? There is no consistency is the paper's approach to the Web, though the Trib is hardly alone in this, and papers (or for that matter Web sites) won't address this issue until a major libel suit or other legal action FORCES them to, at great expense, no doubt.
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Joe M at 12:58 PM on 4/18/2008
I'm curious: I see that every post has a "flag as inappropriate" link. Do editors read the notifications they get when users flag a comment? Did readers flag some of the more hot-headed comments? And what is the Reader's policy regarding what is and isn't "inappropriate"?
Many sites post policies that, for example, bar personal attacks. Perhaps the problem here isn't user feedback per se, but a lack of clear expectations and standards on the part of the publication.
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Jim Spice at 5:11 PM on 4/18/2008
Requiring and confirming identity is not an insurmountable obstacle. Trufina.com offers a service of verifying identities; a potential commenter would answer a series of questions culled from credit report information, and if successful, would provide the newspaper with proof of identity in order to be published without pre-approval.
For example, you can see my profile at https://profile.trufina.com/jimspice and, if you were so inclined, could request to verify the details.
It's doable.
Jim Spice
Milwaukee
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Robb Montgomery at 5:52 PM on 4/18/2008
Gary's right when he says there is an easy first step - "Demand real names -- or pre-screened pseudonyms -- and you've diffused the question of liability. "
I learned that four years ago when launching a social network for journalists, of all people.
Even had some Tribune people join up - but I believe Bill was editing Sports back then.
Real names raises the quality of the conversation. There are few instances where this approach does not work (like places where free speech is not tolerated . . .) but for 99 percent of what get tossed up in comments or forums this tactic does the trick.
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Andrew Patner at 1:32 PM on 4/19/2008
Tim Howe has it absolutely right here. No one is saying that there is no right to set up one's own website to trash politicians, violinists, or other signed or anonymous posters to websites. The issue is why any publication, broadcaster, or website that claims to be serious allows such behavior.
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Kate at 7:20 PM on 4/20/2008
The Tribune comment pages are 99% hateful trash. I can't understand why the paper wants to associate itself with Topix. Maybe they get more hits, but it really hurts the Tribune's credibility. The Tribune has the right to pick and choose which opinions to publish, just like they do when they receive hard copies of letters from their readers. If the crazies who comment on their webpage want to rant, they can start their own blogs and do all their hating there.
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C-Note at 12:00 PM on 4/21/2008
The Tribune comments section is an anonymous playground for the vicious and the stupid.
If this represents the type of 'reader activity' publishers are seeking, we'll never run out of such content, nor will anybody learn anything from it.
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Mike G at 5:51 PM on 4/21/2008
As, until recently, a moderator at LTHForum, which handled dozens, sometimes hundreds, of comments a day with half a dozen part-time volunteers, I can tell the great august Tribco that the secret is not to have ever-vigilant police. If anything that encourages people to dare the cops to do something. The secret is to create a community which has its own standards of behavior, so that the users internalize them because they want a civil community. The people who can't handle that and want a fight not only find themselves policed, they find themselves ignored and disapproved of, which (just as in life) is a more powerful deterrent for most people than actual law enforcement. Unfortunately, the Trib has set this up in such a way that encourages being the loudest shouter as the only way to get attention, and so ugliness is no surprise.
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Aviva Patt at 8:58 PM on 4/21/2008
Hate to be smarmy about this, but the Reader is hardly in a position to complain about trash in the online comment section of other papers. Some pretty hateful and scurrilous stuff is printed, at least in the political section, of the Reader. Most of it anonymous, some with pseudonyms appropriating the identities of actual people. The Tribune isn't any worse than this paper, it just has a wider circulation.
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Alison True at 10:12 AM on 4/22/2008
What about Mike's story would lead you to characterize it as a complaint?
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Alison True at 12:11 PM on 4/22/2008
Joe M, the Reader's editors read all of the comments posted to our site, and per our stated policy we reserve the right to delete those we find objectionable. When readers flag a comment as inappropriate it's called to our attention (so we can take action if we choose), and after a certain number of flags the comment is deleted automatically. As for what qualifies as "inappropriate," that varies, but it often includes material that's obscene, excessively violent, harassing, or otherwise ridiculously beside the point.
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