Clark Hoyt, the public editor of the New York Times has an article in today’s edition that states the MoveOn.org ad violated the advertising terms of the Times.

But I think the ad violated The Times’s own written standards, and the paper now says that the advertiser got a price break it was not entitled to….

…The ad infuriated conservatives, dismayed many Democrats and ignited charges that the liberal Times aided its friends at MoveOn.org with a steep discount in the price paid to publish its message, which might amount to an illegal contribution to a political action committee. In more than 4,000 e-mail messages, people around the country raged at The Times with words like “despicable,” “disgrace” and “treason.”

President George W. Bush called the ad “disgusting.” The Senate, controlled by Democrats, voted overwhelmingly to condemn the ad….

… FreedomsWatch.org, a group recently formed to support the war, asked me to investigate because it said it wasn’t offered the same terms for a response ad that MoveOn.org got.

Did MoveOn.org get favored treatment from The Times? And was the ad outside the bounds of acceptable political discourse?

The answer to the first question is that MoveOn.org paid what is known in the newspaper industry as a standby rate of $64,575 that it should not have received under Times policies. The group should have paid $142,083. The Times had maintained for a week that the standby rate was appropriate, but a company spokeswoman told me late Thursday afternoon that an advertising sales representative made a mistake.

The answer to the second question is that the ad appears to fly in the face of an internal advertising acceptability manual that says, “We do not accept opinion advertisements that are attacks of a personal nature.” Steph Jespersen, the executive who approved the ad, said that, while it was “rough,” he regarded it as a comment on a public official’s management of his office and therefore acceptable speech for The Times to print.

By the end of last week the ad appeared to have backfired on both MoveOn.org and fellow opponents of the war in Iraq — and on The Times….

…How did this happen?

Eli Pariser, the executive director of MoveOn.org, told me that his group called The Times on the Friday before Petraeus’s appearance on Capitol Hill and asked for a rush ad in Monday’s paper. He said The Times called back and “told us there was room Monday, and it would cost $65,000.” Pariser said there was no discussion about a standby rate. “We paid this rate before, so we recognized it,” he said. Advertisers who get standby rates aren’t guaranteed what day their ad will appear, only that it will be in the paper within seven days.

Catherine Mathis, vice president of corporate communications for The Times, said, “We made a mistake.” She said the advertising representative failed to make it clear that for that rate The Times could not guarantee the Monday placement but left MoveOn.org with the understanding that the ad would run then. She added, “That was contrary to our policies.”…

…For me, two values collided here: the right of free speech — even if it’s abusive speech — and a strong personal revulsion toward the name-calling and personal attacks that now pass for political dialogue, obscuring rather than illuminating important policy issues. For The Times, there is another value: the protection of its brand as a newspaper that sets a high standard for civility. Were I in Jespersen’s shoes, I’d have demanded changes to eliminate “Betray Us,” a particularly low blow when aimed at a soldier.

Who am I to argue with him on this topic, but what do you want to bet it happens again in the future?