Determination
59
Minnesota
News Council
Cases 55 through 59 all concern media handling of
political campaigns and elections and were held on April 12, 1985.
Appearing at this multi-case hearing were candidates, political party
officials, campaign committee officers, and media representatives.
The presentations were thoughtful and informative, and the Council
expresses its appreciation to all who participated.
In the Matter of the Complaint of Gary Hayer against
the St. Peter Herald
Grievant, an unsuccessful candidate for a state representative
seat, claims that the newspaper wrongly accused him of "dirty tricks"
in an editorial published after the election.
Background: Gary Hayer was a candidate for
the District 23E House seat in the 1984 General Election, running
against incumbent Allen Quist. Quist won the election. Two days later,
on November 8, the St. Peter Herald published an editorial entitled
"Leave the tricks." The editorial stated that with freedom of expression
comes a responsibility to use that freedom wisely; and that campaigns
should stick to the issues and "dirty tricks" should "be left in the
sewer." The editorial went on to illustrate its thesis by referring
to two incidents in grievant Gary Hayer's campaign:
"When House District 23B candidate Gary Hayer
stated in his campaign literature that his opponent, Allen Quist,
was a psychology professor, Hayer knew he was using a misstatement
of fact. Although Quist was a teacher for a number of years, he has
been a full-time farmer the past two years ...."
"We also found it despicable that a member of a
group which had endorsed Hayer's candidacy chose to use the group's
newsletter to publish an untruth - that Quist had voted to close
the St. Peter Hospital."
Grievant asked the editor, Harry Evanoff, for an
opportunity to discuss the matter "over a cup of coffee" but grievant
says that the editor refused. Evanoff submitted a written reply to
the grievance but was unable to attend the council hearing. In his
written response, Evanoff stated he had evidence of other "dirty tricks"
but either to protect his sources or because he could not attribute
the incidents to the Hayer campaign staff, he did not cite them in
his editorial. Further facts will be set out in the discussion which
follows.
Discussion: Hayer's committee published an
elaborate piece of campaign literature outlining the candidate's views
on various issues. Included therein was a reprint of an editorial
that had appeared in the October 11 issue of the Mankato Free Press
speaking favorably of Hayer's candidacy. One sentence in the Mankato
editorial stated, "Gary Hayer, a St. Peter farmer, is a DFLer who
wants the District 23B seat held for the last two years by Independent
Republican Allen Quist, a psychology professor." This piece of campaign
literature was distributed in the St. Peter Herald's shopper to rural
routes only.
The facts are that Quist does farm, his farm being
only a few miles from the Hayer farm. Quist also had taught psychology
at Bethany Lutheran College in Mankato, although apparently not in
the most recent two years. In the Legislative Manual, Quist gives
his biography as "Professor of psychology, Bethany Lutheran College,
farmer." Also, at various election campaign events, Quist apparently
had mentioned his background in psychology.
The critical fact to keep in mind, however, is that
Hayer did not himself identify Quist as a psychology professor but
that this is the designation given Quist by the Mankato Free Press
in its editorial, which Hayer only reprinted. It is clear from the
content of the Mankato Free Press editorial that Hayer's campaign
committee chose to reprint it because of the favorable comments in
the editorial about Hayer, not because of the fleeting reference to
Quist as a psychology professor. Even if Hayer knew that Quist was
a full-time farmer - and this is unclear - it is unfair to suggest
that Hayer's failure to edit the reprint was a "dirty trick."
Frankly, the Council sees nothing wrong with Hayer's
use of the editorial from the Mankato Free Press. We might add that
while rural voters in the St. Peter area might wish to know the relative
farming experience of the two candidates, we are not prepared to believe
that these voters would consider a masters degree in psychology necessarily
to be a disadvantage in their state representative. The second "dirty
trick" cited in the editorial refers to an AFSCME newsletter to its
members in which the union apparently stated, incorrectly, that Quist
had voted to close the St. Peter State Hospital. AFSCME had endorsed
Hayer's candidacy. Hayer, however, says neither he nor his campaign
committee had anything to do with what was written in the union's
newsletter. The newspaper states that Hayer's own campaign literature
asks, "Why didn't our present representative immediately and vigorously
support, at every opportunity, bills that would most surely benefit
St. Peter State Hospital?"
We do not agree with the newspaper that for Hayer
to ask this question in his campaign literature is somehow supporting
any incorrect or improper statements that AFSCME on its own might
be making. The future of the St. Peter State Hospital was evidently
a hot issue in the election campaign, and one would expect a challenger
to claim that the incumbent could have done more for the hospital
while the incumbent, on the other hand, would defend his record. There
is nothing before us to suggest any "guilt by association" should
attach to Hayer for what AFSCME may or may not have done.
Finally, we regret that the newspaper editor was
unable to meet with Hayer. Often, such meetings are helpful to clear
up misunderstandings or at least to clarify points of view. The grievance
is sustained.
Concurring: Ashmore, Bednar, Brooks, Casey,
Chucker, Earley, Forsythe, Graven, King, Myers, Pearce, Peek, Persons,
Ryan, Simonett, Sundin and Warder
Abstaining: Falkman - I feel that, in this
case, without the newspaper representative present at the hearing
to answer questions, certain pertinent facts may be missing.
April 12, 1985
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Determination 60
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