Unfair Firing for 'Miami Herald' Columnist Who Taped Interview? [RE Teele suicide in Miami]

EditorandPublisher.com ^ | July 28, 2005 | Joe Strupp

[summer]

NEW YORK The firing of a Miami Herald columnist for secretly taping a phone conversation with a county commissioner minutes before the public official's suicide in the newspaper's lobby has raised questions about whether his actions constitute a fireable offense.

Although Florida law prohibits the taping of anyone's phone conversation without their consent, legal experts differ over how that might apply to a reporter. Herald staffers, meanwhile, have expressed concern that the columnist, Jim DeFede, might have been fired too quickly by editors who were responding under duress from the suicide.

Strictly interpreted, the law seems to indicate that DeFede committed an illegal act. "All parties must consent to the recording or the disclosure of the contents of any wire, oral, or electronic communication in Florida," reads a copy of the Florida statute provided by the Reporters Committee for Freedom of the Press. "Recording or disclosing without the consent of all parties is a felony," unless it is a first offense, in which case it is a misdemeanor.

Lucy Dalglish, executive director of the Reporters Committee, noted that Florida is one of only about a dozen states that require two-party consent. Still, she stressed that the law is clear and, if a paper's policy bars such taping, it is a fireable offense. "In a lot of newsrooms, this is the norm," she said about the firing for an illegal act.

But Sandy Baron, an attorney and executive director of the Media Law Resource Center in New York, said the fact that the taping was part of an interview could be a partial defense for the reporter. "A public official who knowingly talks to a reporter on the record has no reasonable expectation of privacy," she said. "It may be different if a public official says he is off the record or has said he does not want to be taped. But, people who talk to reporters are not having a private conversation."

The Florida statute includes a provision that says, "consent is not required for the taping" of someone "who does not have a reasonable expectation of privacy."

Speculation about the law has been raised by the Wednesday firing of DeFede, who lost his job during one of the most tragic and bizarre days in the paper's history. The incidents began when former county commissioner Arthur E. Teele, Jr., shot himself to death in the newspaper's lobby, shortly after speaking with DeFede in a telephone interview.

Teele's suicide came just days after he had been arraigned on corruption charges and on the same day a scathing report in the alternative weekly Miami New Times was published outlining lewd details of Teele's alleged interaction with male prostitutes.

Following the suicide, DeFede told editors he had been interviewing Teele earlier in the day and had recorded part of the conversation without his consent, the Herald reported.

"As Teele was becoming unglued [on the phone], I turned on a tape recorder because I could tell that he was distraught and bouncing off the walls," DeFede was quoted in the Herald as saying. "I made an illegal tape and the company decided to fire me."

DeFede later issued a statement that said, "In a tense situation I made a mistake. The Miami Herald executives only learned about it because I came to them and admitted it. I told them I was willing to accept a suspension and apologize both to the newsroom and our readers. Unfortunately, the Herald decided on the death penalty instead."

Al Tompkins, an instructor at the Poynter Institute in St. Petersburg, Fla., agreed that reporters should be disciplined for breaking the law. But he pointed out that the paper should have a clear policy on such issues. "This is an issue that newsrooms talk about or should talk about a lot," he told E&P. "Where and how we record when the other person doesn't know."

Tompkins stressed that no policy should absolutely prohibit taping without consent. But, he said, it is important to make clear what the rules are and how they are interpreted. "There may be reasons for newsrooms to use deception," he said. "There will be circumstances when a story is of overwhelming importance that there may be no other way. I would not recommend that a newsroom say, 'we don't tape.'"

It is not known what, if any, policy the Herald follows regarding telephone recordings. Executive Editor Tom Fiedler and Publisher Jesus Diaz did not return calls seeking comment.

Fielder issued a statement Wednesday on the firing, which said in part, "I am personally heartsick about this. But we must hold ourselves to the highest standard of integrity if we are to maintain the trust of our readers and those with whom we deal."

Newsroom staffers declined to comment on the record, but several who spoke on the condition of anonymity said they were surprised that DeFede was fired so abruptly.

"People were stunned and wondered why he had to be fired," said one reporter. Another noted that the mix of the suicide and firing created an atmosphere of anger and concern. "I think there is a level of distress with the speed [of the firing] and people haven't figured out whether the punishment fit the crime."

One Herald editor who requested anonymity said many questions about the suicide and DeFede's firing remained unanswered Thursday. "The classic question is, 'we understand the crime, but is the punishment just?'" the editor said. "People are puzzled and feeling surprised that they wouldn't back this guy up."

Someone has even created a Web site aimed at defending the fired scribe, www.journalistsfordefede. The site includes an open letter to Diaz and asks supporters to add their names.

DeFede had a long-running relationship with Teele, according to the Herald. He even wrote a column that defended the troubled politician last year after Teele was charged with threatening

[summer]

And, of course, it all depends on what written policies the Miami Herald has. Otherwise, they can fire with no reason in Florida.

[summer]

Correction, as Defede says here, Teele was upset: "As Teele was becoming unglued [on the phone], I turned on a tape recorder because I could tell that he was distraught and bouncing off the walls," DeFede was quoted in the Herald as saying I thought I read elsewhere he had a ddifferent impression of Teele while on the phone. Maybe not.

[summer]

Also, here is the full last paragraph of this article: DeFede had a long-running relationship with Teele, according to the Herald. He even wrote a column that defended the troubled politician last year after Teele was charged with threatening undercover police.

[summer]

I've always opposed 2-party consent law...Linda Tripp...

That's right; now I remember how that 2-way consent thing came up in her case. But I always thought these were good laws, especially if one party does have an expectation of privacy in the subject conversation.

[Porterville]

Poor crooked politician............. ( refrain from further commenting) ah hell:

There once was a political mad man,
Who thought he was in charge of the sun land,
Trucking money away,
He was king for a day,
And now he's six feet under beach sand.

[summer]

Did you write that ditty yourself? Very appropo!

[Porterville]

Two minutes....

[summer]

Wow...

[summer]

Yet, despite your witty ditty there, this is still a tragedy....

[Gideon7]

Does the law specify that consent can't be inferred or implied, that it has to asked for and given?

The law doesn't say anything one way or another about implied vs explicit consent:

It is lawful under ss. 934.03-934.09 for a person to intercept a wire, oral, or electronic communication when all of the parties to the communication have given prior consent to such interception.

Florida Statue 934.03

[Porterville]

That is true. He stole lots of money from Innocent tax payers who will never see a dime.... that is the king of tragedy.... The enslavement of man by taxes and then the squandering of that enslavement on personal gain.

[debg]

Defede stated that during the convervation with Teele (less than 2 hours before he shot himself) he (Defede) was physically shaking from the conversation and decided to start the tape. So, I'd say that Defede knew he was getting gut level info from Teele and decided to tape it.

After talking with Defede, Teele walked over from his home to the Miami Herald building, talked to Defede to ask him to tell his wife he loved her...then shot himself.

[KC_for_Freedom]

That's right; now I remember how that 2-way consent thing came up in her case. But I always thought these were good laws, especially if one party does have an expectation of privacy in the subject conversation.

I personally believe single party consent makes more sense. People might just watch what they say. Perhaps it is realistic to require two party consent for taping when the taping will result in court evidence or in the publication of an article. But what about the boss who tells you your are going to be fired because of your race or religion. What if you had a tape running then?

[summer]

Sounds like you'd win the case with that evidence!

[summer]

You know, the more I think about this, the bottom line here is this: The Miami Herald can fire him for no reason. They can say their policies are in the midst of being "updated" or whatever they want.

However, the Miami Herald may not like that a lot of people in the news business, and their community, have been signing that online petition. That petition is very bad press for the Miami Herald, and its existence does a lot to damage the Herald's reputation.

So, regardless of whether this was legal or illegal what Defede did, the Miami Herald might take Defede back just because of the pressure the Herald feels. And, someone on the petition is complaining about a violent photo the Herald ran in this Teele matter, saying the editor who allowed school children to see THAT on the fron page should be fired!

[section9]

Jim DeFede is a good, muckraking reporter. What he did was a violation of statute. Period. However, the Herald cut him loose because they were looking for a scapegoat in the immediate aftermath of the Teele suicide.

DeFede should have been brought up on the appropriate charge, and the Herald should have cut him loose after having been found guilty by a jury of his peers. Cutting him loose prior to a trial smacks of the scapegoating that this was. Shame on Tom Fiedler. I expected more of him.

Be Seeing You,

Chris

[mewzilla]

Thanks for the link! I looked at Chapter 934's definition listings and they've defined everything but consent. If that's the case, maybe they should go back and define it.

[summer]

Hi Chris, Thanks for sharing your thoughts. I hope Jim Defede find another job soon because like you said, he is a good muckraker reporter. I think the Herald's management has already made enough bad decisions to have dented their reputation. And, Jim Defede will be able to find another job, I have no doubt.

[OldFriend]

It is my understanding that the only exception to the law of taping without permission is with BUSINESS.

Clearly this was a personal call, not business.

[KC_for_Freedom]

You know, the more I think about this, the bottom line here is this: The Miami Herald can fire him for no reason

Agreed, the rest is just scapegoating. And I like Chris's post too