Nelson v. Mcclatchy Newpapers, Inc.

936 P.2d 1123 (1997)

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Legal Analysis

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Nature Of The Case

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Facts

P began working as a reporter for TNT in 1983, three years before D, purchased it. When McClatchy acquired TNT in 1986 it retained P as a reporter. Nelson covered the 'education beat' and focused on Tacoma schools as well as regional and state educational issues and did a good job. A fundamental goal of TNT, as a news publication, is to appear objective in the eyes of its readers. As part of this effort, TNT management put forth an ethics code in 1987 regulating activity deemed to present apparent or actual conflicts of interest. The ethics code defines conflicts of interest to include all situations in which readers might be led to believe that the news reporting is biased, including situations in which reporters participate in high-profile political activity. P's admitted violation of this code of ethics led to her transfer and the present suit. Most newspapers in the country have some form of code of conduct to minimize conflicts of interest. P is a lesbian who spends much of her off-duty hours serving as a political activist. She attends political fora, demonstrations, and classes for political causes including highly visible support for gay and lesbian rights, feminist issues, and abortion rights. P is also a member of and organizer for Tacoma Radical Women, a feminist socialist organization, and the Freedom Socialist Party. Much of her political activism has been supported by this party and has been in support of its party platform. D knew of P's political activities when it chose to retain her. In 1987, P was seen by a TNT reporter and photographer as she was picketing for abortion rights outside a local hospital. TNT management told her such activity compromised the paper's appearance of objectivity. P could care less. In 1989, P helped launch a ballot initiative to have an antidiscrimination ordinance reinstated following its repeal. Throughout 1990 she visibly promoted the initiative by organizing volunteers, soliciting support from various groups, arranging for community speakers, organizing rallies, and collecting signatures for the initiative. The initiative battle remained a major political story throughout the year and increasingly so as the fall election approached. On August 15, 1990, TNT's editors informed P that she would be transferred from her position as education reporter to swing shift copy editor until after the November election. TNT stated that P's activities violated the ethics code and raised concern about TNT's appearance of objectivity. Nelson remained politically active. TNT informed P that if her political activism further compromised the paper's credibility, it would be forced to 'further isolate' her and to 'take appropriate disciplinary action.' P requested TNT to reinstate her as a reporter. It was made clear to P that the positions would remain closed to her so long as she continued her high-profile political activism. After unsuccessfully pursuing redress in a federal forum, P filed suit in County Superior Court alleging D improperly stripped her of her position as a reporter. P alleged a violation of RCW 42.17.680(2) of the Fair Campaign Practices Act, which P claims prohibits employers from discriminating against employees based on their support of initiatives, political parties or political committees; (b) violated several provisions of the state constitution including article I, section 5 (free speech), article I, section 4 (freedom to assemble and petition government), article I, section 19 (guarantee of free elections), and article II, section 1 (popular right to initiative); (c) breached her employment contract because she was transferred without good cause; and (d) wrongfully transferred her because it is against public policy to forbid employees from participating in off-duty political activity. The court granted D summary judgment. P appealed.

Issues

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Holding & Decision

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