Determination
6
Minnesota
News Council
In the
Matter of the Complaint of
Larry Blahauvietz against the Pipestone County Star
Larry
Blahauvietz, a candidate for Pipestone City Council, complained that
the paper was unfair and discriminatory when he was refused paid political
advertising space in the issue running the day before the elections.
A rival candidate's ad appeared in the paper on that day.
Background:
When Blahauvietz tried to place a quarter-page advertisement for his
candidacy, he was told a Minnesota state law prohibited newspapers
from carrying such advertising in an issue likely to be circulated
in significant numbers on election day. The editor told Blahauvietz
that no political advertising would be carried in the issue. However,
a smaller ad for one of Blahauvietz's rivals did appear. Neither candidate
won the election.
Response
of the news organization: The editor explained to Blahauvietz's
wife, and later to the Council, that the rival candidate's advertisement
appeared because of an error by staff persons unfamiliar with the
paper's policy. Political considerations did not enter in, he said;
the ad appeared because of a mix-up in office routine. The editor
regretted the unintended discrimination. Following an apology by the
editor to Blahauvietz, the complainant chose not to press the matter
further.
Determination
of the Council: The complaint points up the need for every newspaper
to draw up definite rules governing the publication of political advertising
to assure fair and equal treatment of all candidates. All newspaper
employees and, where possible, all candidates and their campaign committees
should be made familiar with the rules to avoid misunderstandings
of this type.
The
Council also notes the possible unconstitutionality of the Minnesota
Statute 211.15 prohibiting political advertising on election day.
This is a matter for determination by the courts, not the Council.
It might be appropriate for newspapers to arrange a test case of the
statute so the question may be decided. The complaint against the
newspaper is upheld.
Dissenting
Opinion: Gerald - The Council is correct in denouncing the bad
public policy in the state statute prohibiting political advertising
on election days, but also condemned should be the private rules the
majority recommends without respect to the content of political advertising,
for those private rules burden political freedom just as surely as
official actions.
April
4, 1973
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