Journalistic Standards v. California Labor Code
By Nick Rahaim
The Daily Triplicate of California’s remote Del Norte County has lost the first round in a law suit pitting a reporter’s desire to engage in local politics with the newspaper’s enforcement of ethics standards that forbid the mixing of journalism and political activities.
The Daily Triplicate is being sued in federal District Court by Kent Gray, a former staff reporter. Gray was fired after becoming a candidate for the Del Norte County Board of Supervisors in 2003. A month prior Gray had alerted his editor, Mike Schmeltzer, of his intensions to run for office and was told he would loose his job if he did. Gray lost the primary in March of 2004 and applied for an open copy editor position at the Triplicate a month later. He was interviewed but not rehired.
In November of 2005 Gray filed a lawsuit against the Triplicate for wrongful termination and retaliatory refusal to rehire in alleged violation of the California Labor Code. The California Labor Code forbids employers from taking adverse action against employees based on political affiliation or activities. The Daily Triplicate argues that, as applied to newspapers, this provision violates the First Amendment.
On September 25, District Judge Martin Jenkins denied the Daily Triplicate’s motion to have Gray’s claim dismissed under California’s Anti-SLAPP suit law. The court held that the Daily Triplicate would be unlikely to prevail on its legal argument that the newspaper’s First Amendment rights trump Gray’s political rights under the state Labor Code.
Like many newspapers, the Daily Triplicate has adopted ethics guidelines for employees. The guidelines state that “under no circumstances may a news staff member run for political office or work for pay or as a volunteer in a political campaign.”
The Daily Triplicate has a reputation for aggressive reporting and resisting government secrecy. Two weeks ago the paper was presented CFAC’s Beacon Award for its successful efforts to prevent the closure of local court proceedings.