Determination 153: Gary Glass v. Duluth Budgeteer News
The Minnesota News Council voted Thursday to deny three complaints against the Duluth Budgeteer News, affirming the paper’s decision to run a Nov. 4, 2007 opinion column critical of Duluth School Board candidate Gary Glass.
Glass, who was elected to the school board in November, complained that an editorial column, “Beware of dirty tricks during the campaign season,” unfairly mischaracterized his campaign as “nasty and misleading,” and included comments he made prior to becoming a declared candidate for school board. Glass also complained that the timing of the publication was unfair – the paper was published the weekend prior to the election - because he could not offer a rebuttal before Duluth citizens went to the polls.
“Newspapers have a basic right to express political opinion, provided they label it as such,” Duluth Budgeteer News editor Jana Peterson told the News Council. “The column did not introduce any new information, something that newspapers try to avoid immediately before an election – that’s part of the reason we don’t allow any political letters to the editor that week.”
The News Council voted 10-3 to deny a complaint that it was unfair for theBudgeteer News to publish an opinion column accusing a candidate of dirty tricks, without giving him a chance to respond.
On the question of whether it was unfair for the paper to publish a column that included statements that Glass made prior to becoming a declared candidate for school board, the News Council unanimously responded it was not unfair.
The News Council also voted 12 – 1 to deny a complaint that it was unfair for theBudgeteer News to publish a column that characterized Glass’ campaign as “nasty and misleading.”
“All newspapers, weekly or daily, editorialize right before elections,” said media member Reed Anfinson, owner and publisher of the Swift County Monitor-News, a weekly paper in Benson. “Our columns provide a summary of what’s happened during the campaign season - we have the opportunity to say ‘here’s why we support this candidate.’”
Media member Karen Boros was concerned about the timing of the publication. “There was no chance for the attacked person to respond,” noted Boros.
“It felt unfair when it happened to me,” said public member Tom Forsythe recalling an experience similar to Glass’, “but, I do think it’s appropriate for a paper to editorialize prior to an election.”
Glass said the News Council’s discussion of the issues was interesting. “I just wish there would have been time to respond to the column,” he noted.
Vote:
All three complaints were denied by a majority vote.
1. Was it unfair for the Duluth Budgeteer News to publish a column accusing a candidate of dirty tricks without giving him a chance to respond?
The Council voted 10-3 that the column was not unfair on this count.
Concurring: Anfinson, Bahan, Beal, P. Berg, Fladung, Forsythe, Johnson, Pastner, Wyatt, Zdon
Dissenting: Boros, Schild, Sokolowski
2. Was it unfair for the Duluth Budgeteer to publish a column that included statements that Mr. Glass made prior to becoming a declared candidate for school board?
The Council voted 13-0 to deny the complaint with the feeling that it was fair to use earlier statements.
Concurring: Anfinson, Bahan, Beal, Boros, P. Berg, Fladung, Forsythe, Johnson, Pastner, Schild, Sokolowski, Wyatt, Zdon
3. Was it unfair for the Duluth Budgeteer News to publish a column that characterized Mr. Glass’ campaign as “nasty and misleading?”
The Council voted 12-1 to deny the complaint.
Concurring: Anfinson, Bahan, Beal, P. Berg, Fladung, Forsythe, Johnson, Pastner, Schild, Sokolowski, Wyatt, Zdon
Dissenting: Boros
News Council Reflections:
Tom Forsythe, a public council member, wrote:
It was a bit unfair, but that is something we have to accept to protect and defend the right of the newspaper to editorialize. I would hope that the newspaper does not interpret my vote as a full vindication of their decision to editorialize precisely the way they did, but I defend their right to do it.
Al Zdon, a public council member, wrote:
It was well within the boundaries of fair comment.
Steve Schild, a media council member, wrote:
This was a tough case. I’m not voting to dictate what a newspaper cannot write, but I cannot fully endorse a process that makes it hard for any party to respond to criticism or attacks. Having said that, I too fear any decision that could have a chilling effect on a paper’s content.
Tags: Duluth Budgeteer News

