Doesn't the Herald owe more than an apology?

Seriously, how is the team or Belichick gonna sue the Herald and Tomase? Proving malice is a large leap in this case, even if Tomase and Belichick had a frosty working relationship. I doubt most of us here know if that is/was the case. Even if they prove malice, there are three other steps they have to prove for libel. (My comm law book is buried under stuff now, and the memory is a tad rusty, so someone else can fill in the blanks.)

The Herald has made a lot of missteps in the past and recovered...anyone recall Mike Felger's column 10 years ago that called Jeremy Jacobs a thief? He was moved off the Bruins after that, onto the Pats...I wouldn't be surprised if Tomase swapped beats soon.

Really? So a guy who grew up here, has worked in this market for close to 15 years at three different stops should leave because of one mistake? Mike Barnicle did a lot worse, and he's still cashing large paychecks.

 

Yeah but he never said bad stuff about the Patriots!

 

No, but he never falsely reported some very damaging accusations the day before the Super Bowl, either.

It's Journalism 101, Mr. Tomase...I mean BYH. This is an inexcusable, gigantic journalistic error...the source wasn't even a source for crying out loud.

 

Trust me, BYH is not John Popper John Tomase.

 

1) I'm not going to get into the business of ad hominem attacks on bostonbred. I would have liked to think you were above that. All the talent in the world doesn't take away from the fact he reported a story he shouldn't have.

2) It'll be interesting to see what actually happens after all this. One of the things that will probably keep the Patriots from suing is the fact that they as an organization could at least be considered limited public figures, if not public figures. Libel suits are MONSTROUSLY harder to prove the higher you go up the totem poll.

From MediaLaw.org:

> Public Resources > Libel FAQs
What is Libel?

Libel and slander are legal claims for false statements of fact about a person that are printed, broadcast, spoken or otherwise communicated to others. Libel generally refers to statements or visual depictions in written or other permanent form, while slander refers to verbal statements and gestures. The term defamation is often used to encompass both libel and slander.

In order for the person about whom a statement is made to recover for libel, the false statement must be defamatory, meaning that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive.

The statement(s) alleged to be defamatory must also have been published to at least one other person (other than the subject of the statement) and must be "of and concerning" the plaintiff. That is, those hearing or reading the statement must identify it specifically with the plaintiff.

The statement(s) alleged to be defamatory must also be a false statement of fact. That which is name-calling, hyperbole, or, however characterized, cannot be proven true or false, cannot be the subject of a libel or slander claim.

The defamatory statement must also have been made with fault. The extent of the fault depends primarily on the status of the plaintiff. Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement. In most jurisdictions, private individuals must show only that the defendant was negligent: that he failed to act with due care in the situation.

A defamation claim -- at least one based upon statements about issues that are matters of public interest -- will likely fail if any of these elements are not met.

The Patriots would have one hell of a time trying to prove actual malice. Matt Walsh might be able to get the Herald for negligence if he's considered a private individual.

 

Again, F_T: There's so much more color to this story than "well, John Tomase had it out for the Patriots so he made some shit up." The longer this goes on, the less likely it is he acted alone.

And I don't know Tomase from Adam, but it pisses me off when fanbois get all smug and superior and prove they don't have a whit of an idea how things work at newspapers and what not. you'll notice the only person on this thread killing Tomase is the head fanboi.

 

We can tell it pisses you off. You've made that clear. Too bad Tomase actually gave the "fanboi" this kind of ammunition. Maybe if he would have triple- or quadruple-checked his sources --- or maybe if he would have actually gotten some reliable ones to begin with --- he wouldn't have fucked up so monumentally.

And I work at a newspaper. Have for 10 years now. I still don't have a whit of an idea how a story of this magnitude can be so wrong. Like the original poster, I'd truly like to know how Tomase and his bosses did this.

 

Your going to see more things like this. Less resources, less staff, more work and on top of that, having to compete with a 24-hour medium. A juicy nugget comes up, the temptations are going to be harder and harder to withstand, especially when your bosses are dying for something good to sell papers.

 

bostonbred

I worked beside him at The Eagle Tribune and followed his writing before, during and after that stop. He is no joke. He is in no way a hack.

Word on the street is that he didn't even want to run the story and it was pushed through by editors. Of course as we all know, it's the man with the byline that gets slammed when a headline is wrong or a story they were working on was published before they wanted it to be published.

I know John Tomase. He is a major talent in this business and has plenty of integrity for the both of us.

You bostonbred are no John Tomase.

 

Just would like to point out that bostonbred actually is not the only one on this thread with his general take on the matter.

And the fact that Tomase may not have acted alone would not make this situation OK, or any better.

It would make it even worse.

 

Fair or not, the minute your byline appears next to such a far-fetched, attention-seeking lie, you lose a good deal of journalistic credibility.

This industry should be setting higher standards than this embarassment and that goes for the entire Herald staff involved.

 

According the Pats blog on the Herald, John Tomase will explain.

Readers of this space have probably been asking themselves, “Where the hell is Tomase?” over the last couple of days and it’s a fair query. Right now I’m just landing from Washington and working on a story about Arlen Specter’s press conference regarding his interview with Matt Walsh.

While that is going to have me tied up for the rest of the night, I just wanted to make one thing clear — I know I screwed up on the Rams taping story and I don’t intend to hide behind today’s apology or an editor’s note. In Friday’s Herald I will explain as clearly as I can where that story went wrong and begin the journey of restoring your trust in my reporting.

I cannot in good conscience demand accountability of the people I cover and then not provide it myself. So it’s coming on Friday. Just be patient.

John

http://www.bostonherald.com/blogs/sports/patriots/