Newman, who is known for her colorfully decorated home in South Minneapolis, felt the terms used to describe her in the review were unfair. Newman said that she was fearful that the article’s citation of her full name and address would provoke vandalism and verbal abuse.

Media Response: Though the Minnesota Daily’s staff had turned over almost immediately after the article was published- Daily staff changes with each academic term- the current editors and reader representative responded swiftly to defend the article.

They said the article did not reference Newman pejoratively, but in fact praised her as a nonconformist. The Daily also pointed out that because she has been the subject of many stories in the local press, Newman is a public figure subject to public critique.

The Hearing: Council members considered the following questions:

• Was it unfair of the Daily to use Newman to introduce a review of a play about a woman with “questionable mental faculties?”
• Was the article unfair when it described Newman as a “maniacal, googily-eyed token crazy lady?”
• Was the use of Newman’s first and last name and the location of her residence unfair in the context of this article?

Q & A: At the hearing, Mari Newman was assisted by Craig Dunn, executive director of VSA Arts. He stated that the reference was an “invasion of privacy” because the article was a theater review that had “nothing to do with her.” “Is this how the media handles people with disabilities?” he asked, “Is it open season?”

Newman, whose home functions as a public art installation, has been the subject of media attention in the past. She felt this that the Daily’s article was different, however, in that it was personal – “It’s about me, not my art or my house or my ideas,” she said.

Dunn observed that “eccentric” would have been a better description to use in the article’s opening paragraph. “Disabled people,” he said, “often do not get the luxury of being called that. Rich people are ‘eccentric,’ but poor people are ‘crazy.’ The language was offensive and it furthered a stereotype.”

Student editors Emily Banks and Michael Marino of the Minnesota Daily were present to defend “crazy” as a subjective term. “The reporter was trying to communicate that Mari is different, but commendably so,” said Banks. “It was meant to celebrate nonconformity.” She called attention to the article’s punch-line:

“But [the character]- much like the fabled madwomen of our bosom cities- sullies up the world’s starchy, stagnant imagination with a little crackpot excitement and creative escapism. And nowadays, that can’t come in hearty enough doses.”

Banks commented that referencing Newman and other well-known locals was the writer’s attempt to connect the play to students’ daily lives. “Arts writing is innately subjective,” she said, “you need opinions and creative, colorful writing.”

Banks mused that if she had been editor when article was published, she might have done things differently, but said that in the context of a full reading, the article did not impugn anyone’s character.

Deliberation:

“When you combine the word crazy with words like maniacal and googily-eyed, does it still mean ‘eccentric?’ What about the reference to ‘questionable mental faculties?’” said Tom Forsythe of General Mills. “I don’t understand why it is necessary to pick on someone for a theater review- Mari is totally extraneous.”

Steve Schild, a journalism professor at St. Mary’s University, demurred, “I always tell my students to never forget that they’re writing about real people… but Mari is a public figure who has availed herself and her eccentricity to the world.”

“When you draw attention to yourself,” agreed Reed Anfinson of the Swift County News-Monitor, “you can’t necessarily control it.”

“But is undue harm okay when you’re trying to be creative? The writer was going for shock value and nobody stopped her,” said Karen Boros, a journalism instructor at the University of St. Thomas.

Jim Pumarlo, a newspaper consultant, conceded that if he had edited the article, he would have toned it down. “I’m not as critical of the Daily as I first was, though,” he said, “It appears that Mari’s status as a vulnerable adult is not common knowledge.”

“You have to look at the whole thing,” added Al Zdon of the MN American Legion. “It’s actually laudatory to Mari at the end. It was perhaps not well written and fell short of what the writer was trying to do, but that’s fairly common in journalism.”

Thom Fladung, editor of the Pioneer Press, quipped, “I would admit that journalism often falls short of the ideal, but then again, so does my car, my plumbing, my education, my legal advice…”

“I think it’s a question of motivation gone astray; it led to harm even if it was inadvertent,” concluded Wendy Wyatt, a journalism instructor at the University of St. Thomas. “Technology really makes the first paragraph relevant- few people will read the whole story.”

Vote:

The first two complaints were upheld and the third complaint dismissed.

• Was it unfair of the Daily to use Newman to introduce a review of a play about a woman with “questionable mental faculties?”

The Council ruled “YES” by a vote of 10 – 4.

• Was the article unfair when it described Newman as a “maniacal, googily-eyed token crazy lady?”

The Council ruled “YES” by a vote of 11 – 3.

• Was the use of Newman’s first and last name and the location of her residence unfair in the context of this article?

The Council ruled “NO” by a vote of 10 – 3 with one abstention.

Attendance:

Council Chair

• James H. Gilbert, Mediator/Arbitrator, Gilbert Mediation Center

Media Council Members

• Reed Anfinson, Editor/Publisher, Swift County News-Monitor
• Karen Boros, Journalism Professor, University of St. Thomas
• Thom Fladung, Editor/Vice President, Pioneer Press
• Don Heinzman, Editorial Writer, ECM Publishers
• Kerri Miller, Midmorning Host, Minnesota Public Radio
• Jim Pumarlo, Director of Communications, MN Chamber of Commerce; Newspaper Consultant
• Dr. Steve Schild, Associate Professor of Media Communications, St. Mary’s University
• Wendy Wyatt, Journalism Professor, University of St. Thomas

Public Council Members

• Jane Berg, Fleishman-Hillard, Inc.
• Tom Forsythe, Director of Corporate Communications, General Mills
• Roberta Johnson, retired high school journalism teacher
• Tom Peterson, attorney, Peterson & Hektner, Ltd.
• Karen Runyon, forensic document examiner
• Al Zdon, Communications Director, MN American Legion

Complainants

• Mari Newman, Minneapolis artist
• Craig Dunn, Executive Director of VSA Arts

The Minnesota Daily

• Emily Banks, Co-Publisher & Editor in Chief
• Michael Marino, Co-Publisher & Chairman of the Board

Minnesota News Council Staff

• Sarah Bauer, Interim Director
• Erika Roland, Development Director
• Hanna Dorn, Operations Assistant

Media Attention:

Press coverage of Mari Newman’s complaint against the Minnesota Daily was seen in:

• Access Press
• City Pages
• Minnesota Monitor
• Minnesota Newspaper Association Bulletin

Participants in the tax-cut rally complained that the feature was inaccurate, misleading, and biased. Of the twelve rally attendees who originally submitted complaints, seven people opted to submit waivers in order to move forward as private complainants. All private complainants must sign waivers of their right to sue the media outlet for libel; in exchange, they become eligible for a public hearing, should their complaint remain unresolved.

It was the Minnesota News Council’s first opportunity to examine a complaint regarding news that appeared only online.

Media Response: Due to the policies of CBS, their national affiliate, WCCO-TV did not participate in the complaint process. News Director Jeff Kiernan, however, responded directly to the participants via e-mail, conceding that “a mistake was made in the production of this national story and the wrong video was attached.” He apologized for the error and arranged to have the story that accompanied the incorrect footage taken off the Web site.

The complainants remained dissatisfied because the contested footage continued to remain accessible through the site’s video library. WCCO-TV declined to respond and did not attend the hearing.

The Hearing: Council members considered the following questions:

1. Did raw video posted by WCCO-TV in its online video library misrepresent Minnesota Tax Cut Rally attendees when it featured video footage of the complainants with a caption that described a global warming protest, while not noting that the beginning and the end of the video footage featured pictures of their much larger tax rally? 
2. Did WCCO-TV act unfairly when it failed to cease using mislabeled video of both the tax cut and global warming rallies at its Web site after the complainants notified WCCO-TV about their concerns over a previous story at its Web site, a story about the global warming protest that misrepresented the size of that rally by using the video of the larger tax rally?  

Q & A with the Complainants:

As the hearing began, complainant Sue Derhaag shared that WCCO-TV News Director Jeff Kiernan had contacted her just moments earlier. He told her in a phone conversation that the video in question was the work of a shared news gathering service, not WCCO-TV. Kiernan went on to say that he was “unaware the video was still active,” and said its caption would be changed.

As Derhaag finished, MNC Interim Director Sarah Bauer clicked “refresh” on the Web site displaying the video. As the Council watched, the site reloaded to reveal that the original caption, “Global Warming Protest on Capitol Hill,” had been replaced with “Rally Protests Cross Paths Near Minn. Capitol.”

Given this development, the Council discussed whether or not to continue, but decided to proceed with the hearing.

The complainants began by clarifying that it would have been difficult to confuse the tax-cut rally and the global warming protest. They were held at the same site on the same day, but Derhaag said, “There were police, a street, and 600-800 yards separating the two rallies.” The scale of the rallies was also dramatically different; the tax-cut rally attracted several thousand participants while the global warming protest had a few hundred.

The complainants said the online footage featured 15 seconds of the tax-cut rally, 22 seconds of the global warming protest, and finally, 4 seconds of the tax-cut rally. The caption, “Global Warming Protest on Capitol Hill,” they said, made it appear as though they had attended the global warming protest.

Carolyn Wetterlin said, “I wasn’t personally damaged, but it’s like misquoting me. I was used for a cause that I don’t believe in. Whether it was inadvertent or not, it was still a misrepresentation. My effort was stolen.”

Derhaag said that she would have been better served by an immediate posting of the correct caption rather than a late apology.

The Council’s Deliberation:  

“They changed the coverage today,” began Al Zdon of the Minnesota American Legion, “so why couldn’t they have done it earlier?”

Jim Pumarlo, a newspaper consultant, agreed. “If that text was changed two months ago, this complaint would hold no water. But they waited until they were under the gun to change it. If they could change it today, why not two months ago? In one sense, it’s a testament to the power of the News Council.”

Thom Fladung, editor of the Pioneer Press, said, “It’s possible for stuff to linger forever on the Internet. Even when you correct something, I guarantee a version of that story lives on somewhere.” He also speculated that WCCO-TV might not have the ability to easily take down a national story.

Luz Maria Frias, St. Paul Director of External Affairs, asked, “We can’t mandate coverage, but what about a retraction?”

“I don’t think this would rise to the level of needing a retraction,” responded Steve Schild, a journalism professor at St. Mary’s University. “And we must establish if we’re taking WCCO to task for a national story that they may have had no control over.”

Retired Pioneer Press journalist Dave Beal commented, “I think WCCO is responsible for anything they may use locally or nationally.” Beal thought that the new caption posted moments before the hearing should have included some acknowledgement of the original error.

John Simonett, a former Minnesota Supreme Court justice, concluded, “Was it a mistake? Yes, everyone admits that. Was it intentional? We can’t know. So the question is, was the response timely and adequate?”

Vote:

Both complaints were upheld.

1. Did raw video posted by WCCO-TV in its online video library misrepresent Minnesota Tax Cut Rally attendees when it featured video footage of the complainants with a caption that described a global warming protest, while not noting that the beginning and the end of the video footage featured pictures of their much larger tax rally?The Council ruled “YES” by a vote of 14 – 0.

   Concurring: Beal, Berg, Berg, Fladung, Frias, Graham, Hussein, Johnson, Pumarlo, Runyon, Schild, Simonett, Wyatt, Zdon 

2. Did WCCO-TV act unfairly when it failed to cease using mislabeled video of both the tax cut and global warming rallies at its Web site after the complainants notified WCCO-TV about their concerns over a previous story at its Web site, a story about the global warming protest that misrepresented the size of that rally by using the video of the larger tax rally?   The Council ruled “YES” by a vote of 10 – 3 with one abstention.

   Concurring: Beal, J. Berg, Graham, Johnson, Pumarlo, Runyon, Schild, Simonett, Wyatt, Zdon

   Dissenting: P. Berg, Fladung, Frias,

   Abstention: Hussein

Attendance:

Council Chair

• James H. Gilbert, Mediator/Arbitrator, Gilbert Mediation Center

Media Council Members:

• Dave Beal, Columnist, Pioneer Press
• Pat Berg, Associate Professor of Journalism, University of WI-River Falls
• Thom Fladung, Editor/Vice President, Pioneer Press
• Jim Pumarlo, Director of Communications, Minnesota Chamber of Commerce; Newspaper Consultant
• Dr. Steve Schild, Associate Professor of Media Communications, St. Mary’s University
• Wendy Wyatt, Journalism Professor, University of St. Thomas

Public Council Members:

• Jane Berg, Fleishman-Hillard, Inc.
• Luz Maria Frias, Director of External Affairs, City of St. Paul
• Ron Graham, Chairman of the Board [guest]
• Hesham Hussein, President, Muslim-American Society of Minnesota
• Roberta Johnson, retired high school journalism teacher
• Karen Runyon, forensic document examiner
• John Simonett, former Minnesota Supreme Court Justice
• Al Zdon, Communications Director, Minnesota American Legion

Complainants

• Sue Derhaag
• Carolyn Wetterlin
• Forrest Wilkinson

Not present:
[Daniel Dietsche]
[Lisa Edwards]
[Lea Leonard]
[Roderick McKay]

Minnesota News Council Staff

• Sarah Bauer, Interim Director
• Erika Roland, Development Director
• Hanna Dorn, Operations Assistant 

Media Attention:

Press coverage of the Tax Rally Attendees’ complaint against WCCO-TV was seen in:

• City Pages
• KTLK Talk Radio with Jason Lewis

The Minnesota News Council denied a complaint today that the Bemidji Pioneer newspaper was unfair in running a news story about a same-day, full-page ad that said DFL politicians were buying votes from Red Lake Reservation residents by funneling state financial support to them. The vote was 10-3.

The News Council upheld a complaint that the page-one news story was unfair in not including views of those whom opponents of DFLers who were interviewed about the ad and who said, among other things, that critics of the relationship between the state and the reservation were racist. The vote was 9-4.

The complaints came from a group calling itself Citizens for Truth in Government. The group said it was non-partisan. The ad and news story ran on October 25, 2006, two weeks before the last election. The group said the newspaper was unfair charging it for ad space and then giving free expression in the news story to those the ad criticized.

The News Council strongly backed the newspaper’s right to exercise its judgment in doing a same-day story on an ongoing controversy. The Council also criticized the newspaper’s failure to do a balanced story. Several members said that the news story included a gratuitous editorial opinion that the ad’s indictment of DFL candidates “undermines its statement” that the group is non-partisan.

The Pioneer’s editor, Molly Miron, who wrote the news story, acknowledged that she “should have” allowed the placers of the ad to respond to accusations that they were racist. She said she called the head of the group but was not able to reach him.

Public member Tom Forsythe, a communications executive at General Mills, said the newspaper could have delayed publishing both the ad and the news story until the reporter could gather material that would provide balance.

Media member Dave Beal, retired business columnist of the Pioneer Press, said the news story served readers well by appearing on the same day as the ad: “It functions as an ad for the ad.” Several members said the news story stated the ad’s main points more clearly and briefly than the ad did. But public member Tom Peterson, a Minneapolis attorney, said that people who read the news story before reading the ad could come to the ad thinking it was filled with errors.

The News Council’s determinations carry no sanctions; they are advisory, and the hearing process is voluntary. The Council was founded in 1970 and is an independent nonprofit organization with 24 voting members, half of them journalists, half laypersons. All members represent only themselves.

Ely School Superintendent Thomas Bruels and Ely High School Principal Joselyn Murphy complained after the Echo published a photo of local children at a Halloween party that included a caption in which the children described themselves as a “dead superintendent,” “a superintendent and principal killer and victim,” and a “dead principal.”

Bruels and Murphy said the Echo should not have published the photo and caption, which referred to them directly, in light of recent national incidents of school violence. The Echo did not attend the hearing, but Editor Anne Swenson wrote in a Nov. 11, 2006 editorial that “the significance of publishing this photo and caption was to bring awareness to the community of the potential for violence which exists in the world and this community.”

News Council members voted 9 to 1, with one abstention, to deny the complaint.

Several members said while not unfair to Murphy and Bruels, the photo and caption were published in poor taste. “The paper acted in poor judgment using the quotes,” said public member Cathy Kennedy.

Media member Larry Werner was the lone dissenter. “There is no question in my mind that it is ‘unfair’ to the only superintendent and [high school] principal in Ely to run a picture depicting children dressed as a dead superintendent and principal.”

The Post published quotes from two people, stating that the Hatfield survey was “plagiarized,” and did not meet academic research standards. The Hatfields, although interviewed for the story, were not informed of the plagiarism claim, and did not have the opportunity to respond to the charge before the front-page story was published. They asserted that the survey was not plagiarized, but rather adapted from a standard superintendent evaluation used by several school districts.The Hatfields said the paper acted unfairly by failing to investigate the accusations made against them and by failing to ask them to respond.

Responding to the Hatfields’ complaint, Winona Post Editor Fran Edstrom wrote in a letter, “The role of the reporter is to report that there is an argument and explain it to the public, acting as a medium for both sides of the issue, not to attempt to verify that one side is correct and the other is not.” Edstrom maintained that the story was reported fairly and accurately. The Winona Post did not attend the hearing.

The News Council voted 9 to 1 to uphold the Hatfields’ complaint.

“The reporter had an obligation to tell the Hatfields there was an allegation of plagiarism during the interview,” said media member Wendy Wyatt. “If Susan’s quotes had been in the story, it would have read quite differently,” said media member Kerri Miller. “The reader would have known there was a dispute regarding the charges of plagiarism.”