State biologist's TV commercial breaks no rules

Thursday, September 16, 2004

Despite the objections of those who disagree with her, a state biologist has done nothing wrong by appearing in a newly released television commercial urging voters not to support the November bear referendum.

That said, the biologist would have been better off declining the Maine Fish and Wildlife Conservation Council's invitation to appear in the partisan advertisement, which began airing Tuesday across the state.

The straightforward, unemotional commercial features Jennifer Vashon, who identifies herself in the advertisement as a bear biologist with the Maine Department of Inland Fisheries and Wildlife.

Vashon says in the commercial that the department "strongly opposes" Question 2, the referendum to ban bear trapping and bear hunting with bait and dogs.

The referendum is one of the hot issues in this year's campaign.

Vashon's appearance in the 30-second advertisement has rekindled the debate about what role state employees should have in campaigns. It is also a test case for a statement issued last week by the Maine Attorney General's Office cautioning that state officials can play only a limited role in referendum campaigns.

Reaction to the Vashon advertisement has been intense. As soon as the commercial began airing, Maine Citizens for Fair Bear Hunting, the Falmouth-based group supporting the ban, called on TV stations to pull the advertisement.

The group's director, Robert Fisk Jr., described the commercial as "misleading and possibly illegal advertising."

He also accused Inland Fisheries officials of being too cozy with the Fish and Wildlife Conservation Council, which paid for the commercial.

We disagree with Fisk on all of these claims.

However, we concur with his assertion that Vashon's role raises concerns about "the integrity of the electoral process."

In defending Vashon's appearance in the advertisement, a spokesman for Inland Fisheries said the biologist made the commercial on her own time and was not paid.

She also followed a department policy that allows employees to speak at political events or to appear in advertisements -- as long as those employees are not in uniform.

We agree with state officials who say Vashon has a constitutional right to free speech and that she is exercising that right by appearing in the advertisement. Her being a government employee is immaterial.

This means those supporting the ban are wrong to chastise Vashon and to demand that the commercial be pulled.

The ban's supporters are right, however, in claiming that by being in the advertisement, Vashon has given up the appearance of being an objective scientist.

She has allowed her valuable opinion to become a well-crafted political message.

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