Court Lets Papers Bar Activism By Reporters Tacoma Journalist Transferred Due To Her Efforts On Gay Rights

The Supreme Court is letting some newspapers bar reporters from political activism in a case that drew attention nationwide from journalism, labor and gay-rights groups.

The court, acting without comment Monday, rejected an appeal by Sandra Nelson. She was transferred from her reporting job with The News Tribune in Tacoma, Wash., after refusing to stop her gay-rights efforts and other political activities while not working.

Although Monday’s action is not a decision and sets no national precedent, it did leave intact a ruling that gives all newspapers in that state the same authority.

The case had been closely watched as a test of the scope of a news organization’s right to protect its credibility by controlling the off-duty conduct of its editorial employees.

“We’re sorry the Supreme Court did not take the opportunity to affirm that employees should have the right to do political activities in their own time off the job, so long as (the activities) don’t interfere with job performance,” said spokesman Doug Honig with the American Civil Liberties Union of Washington, which had petitioned the nation’s highest court to hear the case.

The Washington Supreme Court said the newspaper could reassign Nelson because it enjoys a free-press exemption from a state employment-discrimination law.

From 1983 to 1990, Nelson worked as a reporter for The News Tribune, covering the city’s schools and educational issues. Throughout that period, she spent much of her nonworking time serving as a political activist.

In the summer of 1990, The News Tribune transferred Nelson from her reporting job to one as an editor working inside the newspaper’s office because of her active involvement in a gay-rights ballot-initiative drive.

After the election that November, Nelson was told her transfer would be permanent unless she would promise to refrain from her political activities. She refused to make such a promise.