The Media

1
The Media as Business
2
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)
3
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
4
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
5
Newspaper Preservation Act of 1972
Joint Operating Agreement (JOA)
Journal-Gazette
News-Sentinel
Competitive Editorial and Reportorial Voices
Fort Wayne Newspapers (Merged Business Practices)
6
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
govt interest 3. Lease drastic means of
accomplishing govt interest 4. Alternative
forums for disseminating the message must be
available
7
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
8
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