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The Bizarre Case of Sandy Nelson
While media objectivity is a useful cultural myth, it's
never been used by the courts as a basis for stripping away
the Bill of Rights. Until Feb. 20, when, in a little-noticed
decision, the Washington state Supreme Court upheld the 1990
demotion by the Tacoma News-Tribune of then-reporter Sandy
Nelson.
Nelson sued the paper when it demoted her to a desk job for
being publicly active in political issues on her off-hours.
The Supreme Court ruled that, indeed, an employer has no
right to infringe on basic First Amendment rights like
freedom of speech outside the workplace. (Private property,
of course, has long held legal precedence over such rights.)
Except for journalists.
According to the court, First Amendment protection of
freedom of the press supercedes state laws protecting
political activity; and editorial objectivity is necessary
for the press to be "free." By this tortured logic, the
ruling specifically exempts reporters as a special breed of
citizen, exempt from constitutional protection because of
their job. (The author of the majority decision, judge
Richard Sanders, is himself in hot water for speaking at an
anti-abortion rally.)
Ironically, the complete absence of news coverage for what
by any reckoning is an important ruling shows the false
premise of the decision itself. Why is our media not
objective? Why was Nelson's story not front-page news?
Because, for one thing, the media is very, very bad about
reporting on the corporate and managerial practices of the
media. For another, Nelson happens to be a lesbian, an
ardent feminist and union supporter, and is associated with
Radical Women and the Freedom Socialist Party, a "fringe"
group local media outlets generally ignore. Sadly, most
Seattle activists also ignored the Nelson case because of
her FSP connection. It's too bad. Such Orwellian logic by
the state's highest court--logic twists that invariably
increase corporate and state power--need all the opposition
we can muster.
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