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Determination 4
Minnesota News Council

In the Matter of the Complaint of Robert Shearin against the Rochester Post-Bulletin

Dr. Robert P. N. Shearin complained that the paper used "oppressive attempts to suppress public opinion and information" when it declined to publish a second letter to the editor from him, and when it later decided not to accept any more letters on the topic.

Background: The topic was the recent U.S. Supreme Court ruling legalizing abortions, and the newspaper published many letters on the subject in late January and early February, 1973. Following publication of a Post-Bulletin editorial supporting the ruling, Dr. Shearin submitted a letter challenging the editor to document the reasons for his confidence in the scientific aspects of the Supreme Court's action. The letter was published with an editor's note stating briefly the sources for the editorialist's scientific information.

Shearin subsequently wrote a second letter that further challenged the paper's stance. The letter was written in a lengthy, scholarly form, including footnotes and bibliography, and was submitted with the stipulation that it be published in full. The letter was not printed.

After two weeks of publishing letters on the Court's decision, the majority of which opposed the newspaper's editorial position and supported Shearin's viewpoint, the newspaper announced closure on the subject.

Response of the news organization: In a letter to the News Council, the paper's editor outlined the paper's informal policy of printing only one letter from an individual in a 30-day period unless the writer has been attacked through another letter to the editor.

Determination of the Council: When editorial or other space is made available for views of newspaper readers on subjects of the day, some reasonable controls are in order. These may concern the frequency with which certain subjects are treated or the fair presentation of both sides of a question. The point at which the public interest has been served and letters on a topic may be terminated is up to the editor, whose judgment, in turn, depends on many facts related to the specific issues in the case. Considerations of fairness and reasonable presentation of various views are not easily stated in specific guidelines to be applied in all cases.

The facts brought out by the Council's study do not support Dr. Shearin's charge that the paper attempted to suppress public opinion and information. Instead of acting without reason, as charged, the paper actually chose to allow the critics of the Court's opinion, and of the paper's own editorial, far more space than the supporters of that opinion. There was sound reason in the interest of the reading public to terminate the series of letters on the abortion topic and to go on to other subjects in which the public was interested.

In addition, the form in which Shearin's second letter was submitted would have provided sufficient justification for a refusal to publish it: the documented format of learned journals used in the letter presents troublesome problems to the newspaper, for both typographical and editorial reasons. In general, letter writers are more likely to have their opinions printed if they comply with the style of the publication rather than attempting to impose their own style from outside. The complaint against the newspaper is not upheld.

February 23, 1973


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