Critical Mess: Trial Begins In Music Critic's Lawsuit Against His Own Newspaper

On July 14, the jury was sworn and the trial began in the case of a music critic who is suing his own newspaper, in a dispute arising out of the content of the critic's own music reviews.

Donald Rosenberg is a respected music critic who covered the world renowned Cleveland Orchestra for 28 years, 16 of them for the Cleveland Plain Dealer. But after nearly three decades, in September, 2008, one of the world's greatest authorities on the Orchestra was reassigned, in a move that Rosenberg alleges was payback for his criticism of the orchestra. While Rosenberg would continue to work as a music critic for the paper, he would no longer cover the orchestra. In light of a series of his articles about the orchestra, Rosenberg asserts, he was told by the Plain Dealer's editor that that papers relationship with the orchestra had become "untenable."

To be sure, some of Rosenberg's articles about the orchestra's musical director, Franz Welser-Möst, had been, well, critical. Rosenberg has questioned the conductor's ability to get the most out of the orchestra, and sometimes, the music. The Cleveland Orchestra is one of the "Big Five" most prominent and accomplished orchestras in the United States - the others four being the New York Philharmonic, the Boston Symphony Orchestra, the Chicago Symphony Orchestra, and the Philadelphia Orchestra. During his opening statement, Rosenberg's attorney, Steven Sindell, told the jury that the case concerns "powerful and influential people in the community trying to manipulate the news."

Apparently the controversy began in 2004, shortly after Welser-Möst assumed his post, when Rosenberg wrote a negative article about the new conductor. The next day, Rosenberg asserts, an orchestra representative threatened him and told him he would face "consequences." Rosenberg alleges that as a result of his criticism, the orchestra eventually stripped him of special access and other privileges; that the orchestra, the Musical Arts Association, and others began to pressure the newspaper in an attempt to have him removed from his position; and that in September 2008, they finally succeeded.

Rosenberg's complaint originally included claims for defamation, violation of Ohio's free speech principle, performing acts with malice against his employment, business and economic relationships, and age discrimination, although he later dropped all but his age discrimination claims. His attorney explained that this was part of an effort to keep the case in state court, rather than have it transferred to federal court.

The dispute has garnered national attention, including that of other music critics from around the country, some of whom have criticized the Plain-Dealer for caving in to the orchestra's demands. Needless to say, the orchestra, the newspaper and the other defendants deny the allegations.

The trial is expected to last three weeks.