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Globe-Times book stops the presses, Author is told
by Mike Frassinell
The Morning Call Allentown Nov 5,1995
As a molder of potential Bersteins and Breslins,
Walter Brasch zealously stresses to his students the significance of
freedom of the press and taking sometimes unpopular stances.
Now that he is caught amid a debate with Lehigh
University over unpopular passages in a finished but unreleased book,
the Bloomsburg University Journalism professor might soon be able to use
a personal example in his classes.
The 50-year-old author said Lehigh, leery of
repercussions from future donors, wants to quash an in-depth book he
wrote about the demise of The Globe Times of Beth1eham.
"Betrayed: Death of An American Newspaper,"had been
edited, complimented by three reviewers and approved by the board at
Associated University Presses, a Cranberry, N.J., consortium that
includes publishing factions from Lehigh and similar eastern
universities.
A contract was signed last year, and the book, already listed for sale in academic catalogs, was set for release Dec. 1.
The 400-plus-page work was the result of more than 250
interviews with Globe-Times workers and community members, mornings and
evenings spent at a home computer and at least 20 visits to the Lehigh
Valley during five years of research.
But sometime between the contract signing and the
writing of the index for the 125,000-word tome, Brasch found out that
his 10th book would be delayed.
Lehigh University officials complained that the book -
initially entitled, "We're Management; We Don't Have to Tell You
Anything: Restructuring of an American Newspaper"- was
sensationalistic."
University higher-ups, Brasch was told, were worried
that the book would offend the Globe-Times Taylor family, a potential
future donor to Lehigh. |
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Lehigh University agrees to publish book
PNPA Report Dec 5, 1996
Reversing an earlier decision, Lehigh University administrators
agreed last month to print an unflattering book about the demise of The
Globe-Times, Bethlehem.
"Betrayed: Death of An American Newspaper"was authored by Walter Brasch.
The independent Lehigh University Press agreed in June of 1994 to
publish the book But several weeks ago, the university wanted to drop
the 400-plus-page, 125,000-word book fearing a backlash from potential
donors. Some administrators said the book was "sensationalistic"and
didn't want the university to be involved in the project.
That decision brought accusations of trampling on freedom of speech.
Administrators reconsidered and decided to print Brasch's hook
University Provost Al Pense didn't see the book transcript until
August and told Lehigh University Press that he was wary of how the
public would perceive the university's role in the book.
"I discussed with them my concerns that the general public might
believe the comments in the book would be Lehigh's comments,"Pense said.
But after a meeting with the Lehigh University Press editorial board,
Pense said he was satisfied that readers would make the distinction
between the university's publishing role and the author's role.
The university press "needs some independence,"Pense said.
The book is Brasch's 10th. He is a journalism professor at Bloomsburg University and a former newspaper editor.
"As a journalist and an educator, I am pleased that Lehigh University
learned a few lessons about academic freedom and freedom of the
press,"Brasch said.
"A great university must distinguish itself by a search for truth and knowledge above all other consideration."
Before Lehigh officials had expressed misgivings, the book had been
edited, given three supportive reviews and approved by the board of
Associated University Presses, a Cranberry, NJ., consortium that
includes Lehigh University Press and publishing factions from like
eastern universities.
The book is expected to retail for around $50 and be on sale in local
bookstores by the end of next summer. It takes an in-depth look at the
paper's decision to terminate 40 percent of it's editorial employees in
1988 and what Brasch said was the paper's inability to protect its
territory from newspaper competitors
The work is the result of interviews with more than 250 Globe-Times staff members and community leaders.
John Rippey, a retired Penn State journalism professor, wrote that
the book "is a micro-examination of how a respected small daily was run
into the ground because of poor management decisions."
He called Brasch's account of intimidation of employees during the 1988 mass firings "chilling."
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| A Cautionary Tale Presstime March 1996
Mass firings, restructuring and layoffs aren't new to the American economy or its journalism institutions.
In 1981, the Globe-Times was the dominant newspaper in Bethlehem,
Pa. it had 39,572 subscribers, about 4,000 more than normal after having
scooped up readers from the recently deceased Allentown Evening
Chronicle. What it did not know was that the cost of maintaining a
geographically diverse population was higher than the rewards from added
circulation and advertising revenue. It did not count on recession, a
change in the public's newspaper reading habits and a demographic time
bomb that was about to explode when advertisers increased emphasis on
the quality, rather than quantity, of circulation.
Then, in 1982, the newspaper added a Sunday edition raised rates and
forced readers to accept seven-day delivery. Subsequent questionable
decisions by managers and good planning by the competition led the
Globe-Times into crisis by mid-1988. Its circulation plummeted below
21,000, service to subscribers was poor, advertising dropped and the
news operation--once one of the best--began to slide.
In its one-paper town, the Globe-Times should have had a comfortable
monopoly, confronted only by weaker radio, television or billboard
advertising. The Globe-Times and the nearby Easton Express, a 45,OOO
circulation newspaper, had defined their geographical areas. Until the
late 1970s, the principal competition facing the Globe-Times was not the
Easton Express, 11 area radio stations, two Allentown TV stations,
billboards and shoppers, but the Allentown newspapers.
With the larger Morning Call and its Evening Chronicle to hold the
evening market, the Allentown newspapers were sleeping giants with a
successful bureau in Bethlehem. By the mid-1980s, the Morning Can had a
daily circulation of about 135,000, and a Sunday circulation of about
181,000, with every intention of becoming the dominant newspaper in
Bethlehem and the Lehigh Valley. After absorbing its evening paper in
1980, the call successfully began outselling the Globe-Times in the
Bethlehem City zone.
The Globe-Times' solution was a massive restructuring in 1988 and the
firing of editors, reporters, senior managers and other veteran
employees, many in their 4Os and 50s.
So what? In the Lehigh Valley alone, Mack Trucks and Bethlehem Steel,
the two largest employers, laid off several thousand employees.
But newspapers aren't conglomerates that can simply retrain or lay
off workers to meet economic realities. Only so many reporters can be
laid off before coverage suffers. Knowledge of the community is as
important to a journalist as technical skills, and continuity is as
important to a newspaper as newsprint. Firing almost half its editorial
staff for reasons of economics, personality differences and what some
managers claimed to be lack of journalistic competence caused a loss in
continuity, left the newspaper with no product to sell, and offended its
readers. How the restructuring and firings were carried out fostered
internal crisis and lack of public confidence.
For more than three years circulation continued to fall. Unable to
survive the recession, and facing a stronger editorial competitor, the
Globe-Times died Nov. 4, 1991.
Although it might be easy to blame the recession, changing readership
patterns and stronger competition, the Globe-Times might have survived
had it better understood its audience and basic journalistic principles,
and carried out a few creative steps to assure its future.
The problems the Globe-Times faced are not limited to that newspaper.
More than half of all U.S. dailies and almost all weeklies have
circulations at or below the Globe-Times'; since 1980, more than 74
other dailies have died.
My hope is that we might learn from the G1obe-Times to prevent other
newspapers from developing the problems that lead to diminished roles in
their communities.
Adapted from the introduction to Betrayed: Death of an American
Newspaper, a manuscript that Brasch expects to be published by Lehigh
University Presses in September. Brasch claims the 1995 publication was
held up by university officials who feared its publication would have
inhibited fundraising.
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Book about Bethlehem newspaper is scuttled
The Morning Call Allentown July 15, 1996
Any journalist worth his or her weight in typewriters has dreamed of
finding a late-breaking scoop, storming into a newsroom and hollering,
"Stop the presses!"
But now that the publisher of a controversial book on the demise of
The Globe-Times of Bethlehem has said essentially the same thing, it has
turned into more of a nightmare for author Walter Brasch.
The on-again, off-again book is off once more after Brasch, a
Bloomsburg University journalism professor balked at demands from
publisher Associated University Presses to secure a $5 million libel
bond and to list Brasch's unnamed sources in the manuscript.
"The manuscript has been pulled because of the demands by the
publisher to adhere to the $5 million bond, which is unheard of in the
industry, and outrageous requests regarding manuscript changes that
would violate certain journalistic standards,"Brasch said.
Things got so ridiculous at one point, he said, that a publishing
lawyer required attribution for a sentence describing the color of the
drapes in The Globe-Times' newsroom.
"Betrayed: Death of An American Newspaper had been edited, praised
by a trio of reviewers and approved by the board of AUP, Cranbury, N.J.,
a consortium of publishing divisions from Lehigh and other eastern
Universities. The 125,00-word book, the result of close to 300
interviews with Globe-Times' workers and community members and 20 visits
to the Lehigh Valley, was to go on sale seven months ago
AUP agreed to pay Brasch a $2,000 settlement, half of which
Brasch donated to the National Writers Union, a free-lance advocacy
group in New York. Branch also recovered the rights to his book
AUP Director Julien Yoseloff confirmed that the book deal was dead but had no additional comment.
For AUP, which mostly deals with scholarly works unlikely to
become the targets of legal action, Brasch's use of unnamed sources and
the threat of lawsuits were major concerns. The proposed book mentions a
sexual harassment case that forced a female employee resign and takes a
critical look at the way the paper was run by management.
Brasch said that while he tried to use as few unnamed sources as
possible, some of their information was vital to the book. What they had
to say was more important than who said it, he determined. Brasch
estimates he used no more than 40 unnamed sources and said he always
checked with other sources to verify their information.
In some cases, he said, people could not be named because they
still collect retirement income from the newspaper or remain in the
Lehigh Valley newspaper market.
Phil Mattera, vice president of the National Writers
Union and Brasch 1 s legal representative, said he had never seen a case
in which the author was required to post a bond.
I think it sends a bad signal to both the publishing industry and
tile public at large about the state of free speech,"Mattera said.
When a publisher feels that uncertain about the ability to
publish something that might be controversial and resorts to this
measure-->
Ironically, one of the reasons Brasch's book listed for the
demise of The Globe-Times was the newspaper's eventual reliance on
stories that did not offend.
Brasch in his book described a Globe-Times that once had a
dedicated readership but failed to protect its territory when it spread
its coverage area. He chronicled the events leading up to the mass
firings of 40 percent of its editorial staff in 1988, a move Brasch
believes deteriorated the paper's editorial quality and contributed to a
loss of customers,
Brasch also saw problems with the paper's edict that weekday
customers buy a Sunday paper and its reliance on gimmicks, such as a
contest in which readers phoned the paper if they noticed their faces
circled in crowd photographs.
Circulation, once about 30,000, was down to nearly 20,000 when
the paper was sold and merged in 1991 with The Express of Easton.
Brasch, a former newspaper editor, saw in The Globe-Times' case a- metaphor for many other small American papers.
"It was one of those books that I felt needed to be published to
alert the journalism profession to what was happening to itself,"said
Brasch, author of nine other books, including, "Enquiring Minds and
Space Aliens."
Brasch hasn't ruled out shopping the book to other publishers,
but wonders whether another publisher would touch it, given AUP's'
handling of it.
If the 40O-pagebook never is published, he said, the biggest lost would be the truth.
"In this litigious age, people get very afraid, and you do have a
very chilling effect on the truth,"he said. "When people are afraid to
write and tell the truth because of fear of what might happen, it's as,
good as if they kill the truth."
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Betrayed Yet Again?
Now for a curious horror story that is more than an entertainment
Walter Brasch--frequent columnist for this newspaper, professor of
journalism at Bloomsburg University and author of nine published
books--after five years of research into the death of the Bethlehem
Globe-Times, has written a book entitled "Betrayed: The Death of an
American Newspaper."In it he charges that The Globe-Times died from a
number of causes, but that among these was mismanagement
Now The Globe-Times' last publisher--in the period when the
mismanagement was possibly at its worst--was Nancy Adams (Ann) Taylor,
who "was naive and didn't fail so much as she allowed others to make bad
decisions on her behalf,"in Brasch's judgment.
Now Mrs. Taylor is a wealthy woman whose beneficence local
universities and other institutions hope to attract. Having not had read
Brasch's book, I have no idea whether his description
of the paper's death is correct And nothing I write here should be taken
as suggesting that I hold Mrs. Taylor in any way responsible for the
following:
Brasch submitted the complete manuscript of "Betrayed"to Lehigh
University Press. The book was first read by Philip Metzger, director of
the press, then by a number of scholars who were asked to read the book
without knowing the author's name, and finally by the press's editorial
board. All reacted with enthusiasm and the board voted to publish. In
due course, Brasch signed a contract with Associated University Presses,
a consortium of about 10 East Coast University presses.
Publication on Dec. 1 was announced in the Lehigh Press catalog and
the book was set in print. In keeping with the usual practice, the book
in galley form was sent to the treasurer of the university for the
purpose of having a lawyer assigned who would check it for possible
legal problems.
Brasch says he was told by persons at Lehigh University that the
university treasurer became concerned about the book's references to
Mrs. Taylor, and--without consulting an attorney--sent it on to the
provost of the university, Alan W. Pense.
And then, suddenly, the book was no longer on the schedule.
In a telephone interview, Lehigh University Press Director Metzger
was reluctant to talk about "Betrayed"because, he said, "we are still
looking at it."There were problems the nature of which he would not
discuss. Asked whether those problems were editorial, he repeated that
he could not comment.
Provost Pense was equally reluctant. He had been asked to read the
book and found "problems"with it, he said. The only specific he would
give me was that the style of the book was "sensationalistic."Asked
directly whether the concern related to references to Mrs. Taylor, he
said that was "possible,"but that he did not wish to discuss the
problems at this time. He is to bring his concerns, he said, to a
meeting of the editorial committee early this month.
Pense indicated that he may be willing to talk about the matter after the meeting.
Now, whatever the style of Brasch's book, the Lehigh University
Press board-->t is charged with deciding what to
publish--earlier determined that "Betrayed"was worthy of publication.
The decision to at least delay, and possible prevent publication of the
book under the Lehigh imprint, was taken not by the board but by Lehigh
University's treasurer and provost--people not usually involved in such
decisions.
Their participation in the process after contracts arc signed, is
usually considered an infringement on First Amendment and academic
freedom.
Brasch says that he has never been officially notified by Lehigh
University that his book is not to be published, but he understands that
the editorial board of Fairleigh-Dickinson University Press, Teaneck,
N.J., another member in the Associated University Presses; has reviewed
the manuscript, and found it to be "a substantial work of
scholarship;"and has approved it for publication.
Given the facts on the record, it's difficult to avoid the
conclusion that Lehigh University officials are seeking to suppress
"Betrayed"because they fear the effect it may have on donations they
hope to receive from Mrs. Taylor.
Lehigh University may be a private university, but it receives many
public benefits, tax exemption, and federal funds for student aid and
research projects to name only a few. We have a right to expect that it
will act as a responsible institution in a democratic society. If it
discriminated against students or faculty based on religion, race or
political beliefs, it rightly would be subject to criticism. If it fired
a professor because of pressure from one or more contributors, outrage
on behalf of academic freedom would be broadcast throughout the land.
What the university appears to have done in this instance is even worse.
Why is this a horror story? At the heart of our democracy is the
right of freedom of speech and press. If we are to be allowed to hear or
read only those views which are approved by the wealthy, the wealthy
will, in effect, select our government for us.
Lehigh is obliged to publish books of merit without fear. For the University Press to cave in to the anticipation of
pressure is beneath the dignity of a great university. It aids in the
suppression of democracy and impairs our ability to learn the cause of
death of the dominant paper in the Saucon Valley for most of this century.
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Lehigh to publish Globe-Times book
The Morning Call Allentown
Just days after being accused of trampling on
freedom at speech, Lehigh University administrators have agreed to print
an unflattering book about the demise of The Globe-Times of Bethlehem.
University Provost Al Pense yesterday said Lehigh will publish "Betrayed: Death of An American Newspaper"after all
Book author Walter Brasch had been told last week that the
University, concerned about backlash from potential donors, wanted to
drop the 400-plus page, 125,OOO~word book. The independent Lehigh
University Press earlier had agreed to publish the work.
But when some Lehigh administrators complained the book was
"sensationalistic,"' it looked like the university's name would not
appear on the tome.
Pense, after a meeting with the Lehigh University Press editorial
board yesterday, said it was important for university press to maintain
its editorial freedom.
"As a journalist and an educator, I am pleased that Lehigh
University learned a few lessons about academic freedom and freedom of
the press ,"said Brasch, a Bloomsburg University journalist and former newspaper editor.
"A great university must distinguish itself by a search for truth and knowledge, above all other considerations."
Before Lehigh officials had expressed misgivings, the book had been edited, given three supportive reviews and approved by the
board of Associated University Presses, a Cranberry, NJ, consortium
that includes Lehigh University Press arid publishing factions from like
eastern universities.
Brasch had signed a contract on June 9,
1994, and the book was set for release Dec. 1, 1995. Between the
contract signing and the writing of the book index, Brasch was told
there was a problem.
Pense, who didn't see the book transcript until August, told Lehigh
University Press that he was wary of how the public would perceive the
university's role in the book.
"I discussed with them my concerns that the general public might
believe the comments in the book would be Lehigh's comments,"Pense said.
But after a meeting with the Lehigh University Press board
yesterday, Pense was satisfied that readers would make the distinction
between the university's publishing role and the author's roll.
The university press, he added, "needs some independence."
'I'm glad we resolved it, and I'm glad the [Lehigh] press is comfortable with the solution,"Pense said "I'm comfortable too."
But while it appears Lehigh will publish the book, there now is the
question of what to do with Fairleigh Dickinson University's offer to
publish the work, Brasch's 10th.
Fairleigh Dickinson, also a member of
Associated University Presses, made the offer this week when it appeared
Lehigh would drop its name from the book
Brasch said the question of who will publish the book will be
answered after Associated University Presses Director Julien Yoseloff
returns to his New Jersey office on Wednesday.
The book, expected to retail for around $50 and be on sale in local
bookstores by the end of summer, takes an in-depth look at the paper's
decision to terminate 40 percent of its editorial employees in, 1988.
and what Brasch said was the paper's inability to protect its territory
from newspaper competitors.
The work is the result of interviews with more than 250 Globe-Times staff members and community leaders.
"It is a micro-examination on how a respected small daily was run
into the ground because of poor management decisions,"wrote retired
Pennsylvania State University journalism Professor John Rippey in a
review of the book.
Rippey called Brasch's account of intimidation of employees during the 1988 mass firings "chilling.""
"That chapter is worth excerpting and giving to journalism students,"noted Rippey.
As for his own students, Brasch plans to relate his own freedom of speech debate during Bloomsburg's classes next week.
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Another Stalemate
The Valley Voice
Publication of Walt Brasch's book on the demise of
the former Globe-Times of Bethlehem has encountered yet another major
roadblock. The author's publisher is now requiring him to buy a $5
million liability bond and help pay for a lawyer's review before the
book can appear.
The estimated cost of such a bond is $25,000. The cost of lawyering the book would he $2,500 , of which Brasch's share would be $500, Brasch said he has been told.
Brasch, a journalism professor at Bloomsburg University whose humor
column frequently appears in The Valley Voice, said in a recent
interview that the bond requirement was not in the book contract he
signed and that the issue had not been raised until recently.
The book, "Betrayed: The Death of An American Newspaper,"was to have been published in December by Lehigh University Press.
The book charges that The Globe-Times' death was caused by a number
of factors, but that among these was mismanagement. Brasch's judgment on
Nancy Adams Taylor, the paper's last publisher, was that she was "naive
and didn't fail so much as she allowed others to make bad judgments on
her behalf."
Brasch said at the time that he was told by persons at
Lehigh that the university treasurer became concerned about the book's
references to Mrs. Taylor and without consulting an attorney, -sent the
book on to the provost of the university, Alan W. Pense.
Though scheduled for December 1995 publication, the book did not appear.
The bond is not being required by Lehigh University but by
Associated University Presses of Cranbury, NJ, a consortium of academic
presses to which Lehigh belongs. Brasch's contract is with Associated
University Presses, not Lehigh University Press.
"Twenty-five thousand dollars is not something I can take out of
petty cash,"Brasch said. "Not many writers can. Besides, I wouldn't pay
even $2 for such a bond. If people know I have a $5 million liability
bond, they're going to sue me for $5 million."
He added that in the course of his career in journalism he had never
heard of a book publisher requiring an author to post a bond at his or
her own expense. Publishers normally purchase their own liability bonds,
although as a rule book contracts require the authors to be a party to
any lawsuits that may result from their work.
Brasch currently is being advised by the National Writers' Union, an
advocacy group for free-lance writers headquartered in New York City
and affiliated with the United Auto Workers.
Phil Mattera, the union's national book grievance officer, also knew
of no cases in which the purchase of a liability bond had been required
of an author.
"As far as I know, the bond demand is unprecedented and totally
unreasonable,"Mattera said. "We are concerned about the censorship
implications, among other things."
The union's involvement up until now has been indirect,"Mattera
added. "We may get more involved at some point soon, but we haven't
yet:"
Both Lehigh Provost Pense and Lehigh University Press director
Philip A. Metzger expressed the attitude that the controversy was now
between Brasch and Associated University Presses: Lehigh was no longer
directly involved. Both also said they were aware of a bond requirement.
Pense, in fact, seemed surprised when the bond matter was mentioned.
"I knew about it; didn't [Brasch]?"Pense asked.
Dr. Stephen A. Cutcliffe, a member of the Lehigh faculty press
committee, said the issue of a liability bond had been raised by Julien
Yoseloff, director of Associated University Presses.
Reached by phone at his office, Yoseloff declined to talk about the
issue but said he would be happy to respond to any of your questions in
writing."
The Valley Voice faxed Yoseloff a list of 12 questions which related
to Associated University Presses policy on liability bonds, as well as
to implications for freedom of speech and of the press. One of The
Valley Voice's questions asked:
"Has someone placed pressure on you or anyone else at Associated
University Presses to not publish Brasch's book about the death of The
Globe-Times? If so, who was that and what were the circumstances and
details?"
In reply, Yoseloff supplied the following statement, which he requested be printed in its entirety:
"Associated University Presses and Walter Brasch are currently in
discussion in regard to certain aspects of the publication contract for
his book, 'Betrayed.' These discussions are between private parties and
are ongoing. As such, we consider it inappropriate to share the content
of these discussions with outside parties at this time.
"These discussions have arisen as a normal part of the production
process. We have not been contacted by any outside parties in regard to
the matters under discussion."
Asked why he didn't simply seek another publisher, author Brasch
replied: "Right now I don't have the energy to pursue other publishers."
He said Penn State University had wanted to publish the book but my
first choice was Lehigh. They're an academic publisher, they're right in
the area, and they wanted to do it."
Brasch noted that his contract with the Associated University
Presses calls for him to receive no royalties at all on the first
printing of "Betrayed."
"I didn't do this book for the money,' he asserted. "I did it because the story had to be told."
EDITOR'S NOTE: NEARLY ALL OF THE PERSONS NOW
WORKING FOR THE VALLEY VOICE WERE AT ONE TIME ASSOCIATED WITH THE
GLOBE-TIMES, INCLUDING THE AUTHOR OF THIS ARTICLE. JOAN CAMPION, WHO
FREE-LANCED FOR THE GLOBE-TIMES, VOLUNTARILY ENDED HER CONNECTION WITH
THAT PAPER ON APUL 5,1988, AFTER A MASS LAYOFF. HER ARTICLE ABOUT THE
STAFF FIRINGS OF THAT DAY LED TO BRASCH LEARNING OF THE GLOBE-TIMES
STORY
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Free speech could cost author $5,000,000
Lehighton Times News
What's freedom of speech worth?
What would you pay to be able to tell the truth even if it bothered some people?
It may seem odd to be asking the price of something which is, by definition, free.
But for Walter Brasch, author of a yet-to-be-published study of the
demise of the Globe-Times, a Bethlehem Newspaper, the question has
become sickeningly relevant.
Free speech for him could cost $5,000,000.
That's the amount of the bond that his publisher, Associated
University Presses has told him he must obtain to protect it from
potential libel suits after it publishes "Betrayed: The Death of an
American Newspaper.'
AUP produces and markets books for a consortium of universities,
including Lehigh University in Bethlehem, which accepted Brasch's book
for publication
To get the $5 million bond, the author said, would cost about
$25,OOO. Or, alternatively, I could put up my house and all my personal
property,"he added wryly.
So unheard of is it to ask an author to put up a $5 million libel
bond that when this reporter asked Philip Mattera, grievance officer and
vice president of the National Writers Union how common the practice
was, he laughed. "It's very unusual to ask for any kind of bond,"he
said. 'I have never heard of it before. If this became common practice,
most authors would drop out of the business."
Kyle Neiderpruen, a reporter for the Indianapolis Star who heads the
Freedom of Information Committee for the Society of Professional
Journalists, said, "what's sad here is that a lot of university presses
tend to print more unusual topical and subject matter that tends to be a
little more controversial, and that is what you associate with them as
being bastions of freedom of thought. But that certainly doesn't seem to
be happening here. "
SPJ lawyers indicated that book publishers have little to worry
about regarding libel suits. "It's my impression,"she said, 'that in
several cases in which publishers were sued for libel, the court held
that a publisher can't be held liable unless it had a strong influence
in constructing the book."That would mean things like helping to draft
the content or doing some of the reporting, she said.
Brasch wrote his own book. Additionally, his contract with AUP
contains an indemnification clause, in which he promises to pay all the
costs of defending against any libel suit.
A former reporter and editor, now a syndicated columnist, journalism
professor at Bloomsburg University and an author of nine other books,
Brasch spent six years during which he interviewed more than 200 people
to write the story of the Globe-Times.
In 1988, the Globe-Times was a respected small Bethlehem newspaper
of which one former editor, John Strohmeyer, had won a Pulitzer Prize
and served for some years on the Pulitzer Committee. But he left the
newspaper in the mid-'80s.
The paper had a circulation in 1988 of about 35,000 when, it brought
in a security company to patrol the property one day, and proceeded to
lay-off 15 percent of its staff. Newspaper layoffs have become old news
since, but in 1988, the fact that it was done and the manner in which it
was carried out were shocking enough to shake newsrooms around the
Northeast.
Over the years that followed, the paper lost 42 percent of its
circulation for various reasons described in 'Betrayed,"and was bought
by the Express, an Easton paper, in November 1991.
When Brasch began his research and first called this reporter, who
was one or about 12 in the paper's editorial department who were cut, he
was planning to do an article about the layoffs.
But as time passed, the author said he realized the paper was going
to fail and decided to follow it to the end, which turned out to be its
purchase by the Express.
When the book was finished in 1992, Brasch presented it to Lehigh
University for publication. The university eventually agreed to publish
it. Brasch's contract, which is with AUP, is dated June 9, 1994
Some time before that, he had had a Penn State lawyer read, "a very firm first draft"for libel.
"It came back,"he said, "with three pages of comments that said
things like, 'Add he said.' I had it all done in a couple of days. "
The book also had been sent out to reviewers, who praised it. While
lamenting its length, they called it "an important book in the
field"said it had "extensive thoughtful analysis,"was "loaded with human
interest anecdotes,"and sound scholarship.
Nevertheless, in the fall of 1995, things started to go sour. The
book was already in galleys, the cover designed, and Brasch said he had
been asked to save some time in July 1995 to do the index. The book was
planned to come out in time to catch some of the Christmas trade.
"So I blocked out some time in late July, but I didn't hear
anything,"the author said in a telephone interview. "I called and asked
questions, but no one would give me any answers."
What happened, Brasch found out, was that, AUP had asked Lehigh's
press board to have the book lawyered there. The press board sent the
manuscript to the treasurer, who controls access to Lehigh's lawyers.
The treasurer read it and said it was terrible, that it could anger
people and restrict donations to the university. Ann Taylor, the wealthy
former publisher of the newspaper, lives in Bethlehem.
The treasurer sent the book to the provost. The provost called it
sensationalistic, and said the university shouldn't publish anything
like that
"I was told at one point that Lehigh was going to kill the book,"Brasch said.
Several days after that news became public at the beginning of
November, the university announced that it did intend to publish the
book. And within a few days of that, Brasch received the letter asking
for the $5 million bond.
Since then, Brasch also has been asked to pay $500 of an estimated
$2,OOO fee for a libel lawyer AUP has gotten to read the book.
Brasch said he researched carefully and followed standard
journalistic practice in getting facts confirmed. He also mailed out
passages in which they were quoted to 200 people to assure he had quoted
them correctly.
When Julien Yoseloff, director of AUP, was asked how frequently they
demand libel bonds of their authors, he answered with a prepared
statement, saying that, AUP and Walter Brasch are currently in
discussions with regard to certain aspects of the publication contract
for his book. These discussions are between private parties and are
ongoing. As such, we consider it inappropriate to share the content of
the discussions with outside parties at this time. These discussions
have arisen as a normal part of the production process. We have not been
contacted by any outside parties in regard to the matters under
discussion."Yoseloff said that last sentence was included because he has
been asked whether outside pressure has been exerted not to publish the
book. He would not reply to any other questions.
Lehigh takes a similar position, suggesting that nothing unusual has
happened. Regarding the $5 million bond, Ron Ticho, vice president for
university affairs, said, "It's not our position to comment on that.
That's a matter between Walter Brasch and AUP."
Asked whether Lehigh is concerned about the effect publication might
have on its donations, Ticho replied, "I think the question is
irrelevant. If the book has merit, then it should be published."
The book was reviewed by the press board, he said, "and after a lot of discussion was approved and sent on to AUP."
But when asked how it happened that the last November's discussions
took place a year and a half after the contract was signed, Ticho said
he wasn't in his current job at the time. "I don't have the exact
dates,' he said.
He said the university has no treasurer.
He also suggested that this reporter's writing this story is improper. Aren't you worried about conflict of interest?"he asked.
It would be hard to see the publication of a book as a benefit to a
reporter, who appears in it not because of skill, but because of having
been in a group who were laid-off.
Mattera of the Writers Union said he thinks the bond is a ploy to
get Brasch to withdraw his manuscript, implying that the publisher is
showing excessive timidity.
The law is greatly weighted in favor of free speech, he said. For a
statement to be libelous, not only must it be untrue, but its author has
to have known it was untrue when he wrote it and used it anyway.
"I feel publishers have to have a certain amount of courage in
defending free speech rights,"Mattera said. "Some libel suits are really
just harassment
"You can't let the lawyers control the process. There are times when
you have to take risks. Just because statements are critical doesn't
mean its libel."
Brasch, asked whether he thinks his 125,000-word, 400-page book ever will
he published, said, "Who knows? I don't know, and at this point, I
don't even care. Because at this point, I don't think my publisher's
going to have the courage even to defend the book from frivolous
lawsuits and a writer depends upon a publisher to do that."
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 Drag and drop items from the Page Editor or Add-ons tabs into this area
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Lehigh to publish Globe-Times book
The Morning Call Allentown
Just days after being accused of trampling on
freedom at speech, Lehigh University administrators have agreed to print
an unflattering book about the demise of The Globe-Times of Bethlehem.
University Provost Al Pense yesterday said Lehigh will publish "Betrayed: Death of An American Newspaper"after all
Book author Walter Brasch had been told last week that the
University, concerned about backlash from potential donors, wanted to
drop the 400-plus page, 125,OOO~word book. The independent Lehigh
University Press earlier had agreed to publish the work.
But when some Lehigh administrators complained the book was
"sensationalistic,"' it looked like the university's name would not
appear on the tome.
Pense, after a meeting with the Lehigh University Press editorial
board yesterday, said it was important for university press to maintain
its editorial freedom.
"As a journalist and an educator, I am pleased that Lehigh
University learned a few lessons about academic freedom and freedom of
the press ,"said Brasch, a Bloomsburg University journalist and former newspaper editor.
"A great university must distinguish itself by a search for truth and knowledge, above all other considerations."
Before Lehigh officials had expressed misgivings, the book had been edited, given three supportive reviews and approved by the
board of Associated University Presses, a Cranberry, NJ, consortium
that includes Lehigh University Press arid publishing factions from like
eastern universities.
Brasch had signed a contract on June 9,
1994, and the book was set for release Dec. 1, 1995. Between the
contract signing and the writing of the book index, Brasch was told
there was a problem.
Pense, who didn't see the book transcript until August, told Lehigh
University Press that he was wary of how the public would perceive the
university's role in the book.
"I discussed with them my concerns that the general public might
believe the comments in the book would be Lehigh's comments,"Pense said.
But after a meeting with the Lehigh University Press board
yesterday, Pense was satisfied that readers would make the distinction
between the university's publishing role and the author's roll.
The university press, he added, "needs some independence."
'I'm glad we resolved it, and I'm glad the [Lehigh] press is comfortable with the solution,"Pense said "I'm comfortable too."
But while it appears Lehigh will publish the book, there now is the
question of what to do with Fairleigh Dickinson University's offer to
publish the work, Brasch's 10th.
Fairleigh Dickinson, also a member of
Associated University Presses, made the offer this week when it appeared
Lehigh would drop its name from the book
Brasch said the question of who will publish the book will be
answered after Associated University Presses Director Julien Yoseloff
returns to his New Jersey office on Wednesday.
The book, expected to retail for around $50 and be on sale in local
bookstores by the end of summer, takes an in-depth look at the paper's
decision to terminate 40 percent of its editorial employees in, 1988.
and what Brasch said was the paper's inability to protect its territory
from newspaper competitors.
The work is the result of interviews with more than 250 Globe-Times staff members and community leaders.
"It is a micro-examination on how a respected small daily was run
into the ground because of poor management decisions,"wrote retired
Pennsylvania State University journalism Professor John Rippey in a
review of the book.
Rippey called Brasch's account of intimidation of employees during the 1988 mass firings "chilling.""
"That chapter is worth excerpting and giving to journalism students,"noted Rippey.
As for his own students, Brasch plans to relate his own freedom of speech debate during Bloomsburg's classes next week.
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Another Stalemate
The Valley Voice
Publication of Walt Brasch's book on the demise of
the former Globe-Times of Bethlehem has encountered yet another major
roadblock. The author's publisher is now requiring him to buy a $5
million liability bond and help pay for a lawyer's review before the
book can appear.
The estimated cost of such a bond is $25,000. The cost of lawyering the book would he $2,500 , of which Brasch's share would be $500, Brasch said he has been told.
Brasch, a journalism professor at Bloomsburg University whose humor
column frequently appears in The Valley Voice, said in a recent
interview that the bond requirement was not in the book contract he
signed and that the issue had not been raised until recently.
The book, "Betrayed: The Death of An American Newspaper,"was to have been published in December by Lehigh University Press.
The book charges that The Globe-Times' death was caused by a number
of factors, but that among these was mismanagement. Brasch's judgment on
Nancy Adams Taylor, the paper's last publisher, was that she was "naive
and didn't fail so much as she allowed others to make bad judgments on
her behalf."
Brasch said at the time that he was told by persons at
Lehigh that the university treasurer became concerned about the book's
references to Mrs. Taylor and without consulting an attorney, -sent the
book on to the provost of the university, Alan W. Pense.
Though scheduled for December 1995 publication, the book did not appear.
The bond is not being required by Lehigh University but by
Associated University Presses of Cranbury, NJ, a consortium of academic
presses to which Lehigh belongs. Brasch's contract is with Associated
University Presses, not Lehigh University Press.
"Twenty-five thousand dollars is not something I can take out of
petty cash,"Brasch said. "Not many writers can. Besides, I wouldn't pay
even $2 for such a bond. If people know I have a $5 million liability
bond, they're going to sue me for $5 million."
He added that in the course of his career in journalism he had never
heard of a book publisher requiring an author to post a bond at his or
her own expense. Publishers normally purchase their own liability bonds,
although as a rule book contracts require the authors to be a party to
any lawsuits that may result from their work.
Brasch currently is being advised by the National Writers' Union, an
advocacy group for free-lance writers headquartered in New York City
and affiliated with the United Auto Workers.
Phil Mattera, the union's national book grievance officer, also knew
of no cases in which the purchase of a liability bond had been required
of an author.
"As far as I know, the bond demand is unprecedented and totally
unreasonable,"Mattera said. "We are concerned about the censorship
implications, among other things."
The union's involvement up until now has been indirect,"Mattera
added. "We may get more involved at some point soon, but we haven't
yet:"
Both Lehigh Provost Pense and Lehigh University Press director
Philip A. Metzger expressed the attitude that the controversy was now
between Brasch and Associated University Presses: Lehigh was no longer
directly involved. Both also said they were aware of a bond requirement.
Pense, in fact, seemed surprised when the bond matter was mentioned.
"I knew about it; didn't [Brasch]?"Pense asked.
Dr. Stephen A. Cutcliffe, a member of the Lehigh faculty press
committee, said the issue of a liability bond had been raised by Julien
Yoseloff, director of Associated University Presses.
Reached by phone at his office, Yoseloff declined to talk about the
issue but said he would be happy to respond to any of your questions in
writing."
The Valley Voice faxed Yoseloff a list of 12 questions which related
to Associated University Presses policy on liability bonds, as well as
to implications for freedom of speech and of the press. One of The
Valley Voice's questions asked:
"Has someone placed pressure on you or anyone else at Associated
University Presses to not publish Brasch's book about the death of The
Globe-Times? If so, who was that and what were the circumstances and
details?"
In reply, Yoseloff supplied the following statement, which he requested be printed in its entirety:
"Associated University Presses and Walter Brasch are currently in
discussion in regard to certain aspects of the publication contract for
his book, 'Betrayed.' These discussions are between private parties and
are ongoing. As such, we consider it inappropriate to share the content
of these discussions with outside parties at this time.
"These discussions have arisen as a normal part of the production
process. We have not been contacted by any outside parties in regard to
the matters under discussion."
Asked why he didn't simply seek another publisher, author Brasch
replied: "Right now I don't have the energy to pursue other publishers."
He said Penn State University had wanted to publish the book but my
first choice was Lehigh. They're an academic publisher, they're right in
the area, and they wanted to do it."
Brasch noted that his contract with the Associated University
Presses calls for him to receive no royalties at all on the first
printing of "Betrayed."
"I didn't do this book for the money,' he asserted. "I did it because the story had to be told."
EDITOR'S NOTE: NEARLY ALL OF THE PERSONS NOW
WORKING FOR THE VALLEY VOICE WERE AT ONE TIME ASSOCIATED WITH THE
GLOBE-TIMES, INCLUDING THE AUTHOR OF THIS ARTICLE. JOAN CAMPION, WHO
FREE-LANCED FOR THE GLOBE-TIMES, VOLUNTARILY ENDED HER CONNECTION WITH
THAT PAPER ON APUL 5,1988, AFTER A MASS LAYOFF. HER ARTICLE ABOUT THE
STAFF FIRINGS OF THAT DAY LED TO BRASCH LEARNING OF THE GLOBE-TIMES
STORY
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| Free speech could cost author $5,000,000 Lehighton Times News
What's freedom of speech worth?
What would you pay to be able to tell the truth even if it bothered some people?
It may seem odd to be asking the price of something which is, by definition, free.
But for Walter Brasch, author of a yet-to-be-published study of the
demise of the Globe-Times, a Bethlehem Newspaper, the question has
become sickeningly relevant.
Free speech for him could cost $5,000,000.
That's the amount of the bond that his publisher, Associated
University Presses has told him he must obtain to protect it from
potential libel suits after it publishes "Betrayed: The Death of an
American Newspaper.'
AUP produces and markets books for a consortium of universities,
including Lehigh University in Bethlehem, which accepted Brasch's book
for publication
To get the $5 million bond, the author said, would cost about
$25,OOO. Or, alternatively, I could put up my house and all my personal
property,"he added wryly.
So unheard of is it to ask an author to put up a $5 million libel
bond that when this reporter asked Philip Mattera, grievance officer and
vice president of the National Writers Union how common the practice
was, he laughed. "It's very unusual to ask for any kind of bond,"he
said. 'I have never heard of it before. If this became common practice,
most authors would drop out of the business."
Kyle Neiderpruen, a reporter for the Indianapolis Star who heads the
Freedom of Information Committee for the Society of Professional
Journalists, said, "what's sad here is that a lot of university presses
tend to print more unusual topical and subject matter that tends to be a
little more controversial, and that is what you associate with them as
being bastions of freedom of thought. But that certainly doesn't seem to
be happening here. "
SPJ lawyers indicated that book publishers have little to worry
about regarding libel suits. "It's my impression,"she said, 'that in
several cases in which publishers were sued for libel, the court held
that a publisher can't be held liable unless it had a strong influence
in constructing the book."That would mean things like helping to draft
the content or doing some of the reporting, she said.
Brasch wrote his own book. Additionally, his contract with AUP
contains an indemnification clause, in which he promises to pay all the
costs of defending against any libel suit.
A former reporter and editor, now a syndicated columnist, journalism
professor at Bloomsburg University and an author of nine other books,
Brasch spent six years during which he interviewed more than 200 people
to write the story of the Globe-Times.
In 1988, the Globe-Times was a respected small Bethlehem newspaper
of which one former editor, John Strohmeyer, had won a Pulitzer Prize
and served for some years on the Pulitzer Committee. But he left the
newspaper in the mid-'80s.
The paper had a circulation in 1988 of about 35,000 when, it brought
in a security company to patrol the property one day, and proceeded to
lay-off 15 percent of its staff. Newspaper layoffs have become old news
since, but in 1988, the fact that it was done and the manner in which it
was carried out were shocking enough to shake newsrooms around the
Northeast.
Over the years that followed, the paper lost 42 percent of its
circulation for various reasons described in 'Betrayed,"and was bought
by the Express, an Easton paper, in November 1991.
When Brasch began his research and first called this reporter, who
was one or about 12 in the paper's editorial department who were cut, he
was planning to do an article about the layoffs.
But as time passed, the author said he realized the paper was going
to fail and decided to follow it to the end, which turned out to be its
purchase by the Express.
When the book was finished in 1992, Brasch presented it to Lehigh
University for publication. The university eventually agreed to publish
it. Brasch's contract, which is with AUP, is dated June 9, 1994
Some time before that, he had had a Penn State lawyer read, "a very firm first draft"for libel.
"It came back,"he said, "with three pages of comments that said
things like, 'Add he said.' I had it all done in a couple of days. "
The book also had been sent out to reviewers, who praised it. While
lamenting its length, they called it "an important book in the
field"said it had "extensive thoughtful analysis,"was "loaded with human
interest anecdotes,"and sound scholarship.
Nevertheless, in the fall of 1995, things started to go sour. The
book was already in galleys, the cover designed, and Brasch said he had
been asked to save some time in July 1995 to do the index. The book was
planned to come out in time to catch some of the Christmas trade.
"So I blocked out some time in late July, but I didn't hear
anything,"the author said in a telephone interview. "I called and asked
questions, but no one would give me any answers."
What happened, Brasch found out, was that, AUP had asked Lehigh's
press board to have the book lawyered there. The press board sent the
manuscript to the treasurer, who controls access to Lehigh's lawyers.
The treasurer read it and said it was terrible, that it could anger
people and restrict donations to the university. Ann Taylor, the wealthy
former publisher of the newspaper, lives in Bethlehem.
The treasurer sent the book to the provost. The provost called it
sensationalistic, and said the university shouldn't publish anything
like that
"I was told at one point that Lehigh was going to kill the book,"Brasch said.
Several days after that news became public at the beginning of
November, the university announced that it did intend to publish the
book. And within a few days of that, Brasch received the letter asking
for the $5 million bond.
Since then, Brasch also has been asked to pay $500 of an estimated
$2,OOO fee for a libel lawyer AUP has gotten to read the book.
Brasch said he researched carefully and followed standard
journalistic practice in getting facts confirmed. He also mailed out
passages in which they were quoted to 200 people to assure he had quoted
them correctly.
When Julien Yoseloff, director of AUP, was asked how frequently they
demand libel bonds of their authors, he answered with a prepared
statement, saying that, AUP and Walter Brasch are currently in
discussions with regard to certain aspects of the publication contract
for his book. These discussions are between private parties and are
ongoing. As such, we consider it inappropriate to share the content of
the discussions with outside parties at this time. These discussions
have arisen as a normal part of the production process. We have not been
contacted by any outside parties in regard to the matters under
discussion."Yoseloff said that last sentence was included because he has
been asked whether outside pressure has been exerted not to publish the
book. He would not reply to any other questions.
Lehigh takes a similar position, suggesting that nothing unusual has
happened. Regarding the $5 million bond, Ron Ticho, vice president for
university affairs, said, "It's not our position to comment on that.
That's a matter between Walter Brasch and AUP."
Asked whether Lehigh is concerned about the effect publication might
have on its donations, Ticho replied, "I think the question is
irrelevant. If the book has merit, then it should be published."
The book was reviewed by the press board, he said, "and after a lot of discussion was approved and sent on to AUP."
But when asked how it happened that the last November's discussions
took place a year and a half after the contract was signed, Ticho said
he wasn't in his current job at the time. "I don't have the exact
dates,' he said.
He said the university has no treasurer.
He also suggested that this reporter's writing this story is improper. Aren't you worried about conflict of interest?"he asked.
It would be hard to see the publication of a book as a benefit to a
reporter, who appears in it not because of skill, but because of having
been in a group who were laid-off.
Mattera of the Writers Union said he thinks the bond is a ploy to
get Brasch to withdraw his manuscript, implying that the publisher is
showing excessive timidity.
The law is greatly weighted in favor of free speech, he said. For a
statement to be libelous, not only must it be untrue, but its author has
to have known it was untrue when he wrote it and used it anyway.
"I feel publishers have to have a certain amount of courage in
defending free speech rights,"Mattera said. "Some libel suits are really
just harassment
"You can't let the lawyers control the process. There are times when
you have to take risks. Just because statements are critical doesn't
mean its libel."
Brasch, asked whether he thinks his 125,000-word, 400-page book ever will
he published, said, "Who knows? I don't know, and at this point, I
don't even care. Because at this point, I don't think my publisher's
going to have the courage even to defend the book from frivolous
lawsuits and a writer depends upon a publisher to do that." |
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