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The Media as Business. Media as Business. Heffron v. International Society for Krishna Consciousness 452 U.S. 640 (1981) Grosjean v. American Press Co. 297 U.S. 233 (1936) Sherman Antitrust Act (1890) Newspaper Preservation Act of 1972

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The Media as Business

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The media as business

The Media

as

Business


Media as business

Media as Business

Heffron v. International Society for Krishna Consciousness 452 U.S. 640 (1981)

Grosjean v. American Press Co. 297 U.S. 233 (1936)

Sherman Antitrust Act (1890)

Newspaper Preservation Act of 1972

Equal Employment Opportunity Commission (Title VII of the Civil Rights Act)


The media as business

Business Laws of General Applicability

“The main concern of the First Amendment is the protection of the dissemination of news and opinion. It cannot be stretched to give those in the business of disseminating news and opinion news and opinion an exemption from laws generally regulating business activities”

Holsinger and Dilts, p.606


The media as business

Antitrust Practices

1. That the company possesses monopoly power in its markets--that is, it has the ability to fix prices or exclude competitors

2. That the company willfully acquired or maintained that power by means other than that which could be attributed to a superior product, business acumen, or historic accident.

Supreme Court interpretation of Sherman Antitrust Act, Section 2


The media as business

Newspaper Preservation Act of 1972

Joint Operating Agreement (JOA)

Journal-Gazette

News-Sentinel

Competitive Editorial and Reportorial Voices

Fort Wayne Newspapers

(Merged Business Practices)


The media as business

Regulating Time, Manner, and Place

Heffron v.International Society for Krishna Consciousness

1. Restriction not based on content or subject matter

2. Restriction must serve significant gov’t interest

3. Lease drastic means of accomplishing gov’t interest

4. Alternative forums for disseminating the message must be available


The media as business

TAXATION!

Grosjean v. American Press Co.

“A free press stands as one of the great interpreters between the government and the people. To allow it to be fettered is to fetter ourselves.”

George Sullivan, J.J., 1936


The media as business

Employment Practices

Equal Employment Opportunity Commission (EEOC)

1. Gender Discrimination

2. Sexual Harassment

3. Age and Religion

4. National Origin

5. Disabilities (A. D. A., 1990)

6. Race


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