The Media

as

Business

Media as Business

Heffron v. International Society for Heffron v. International Society for Krishna ConsciousnessKrishna Consciousness

452 U.S. 640 (1981)452 U.S. 640 (1981)

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

Sherman Antitrust Act (1890)Sherman Antitrust Act (1890)

Newspaper Preservation Act of 1972Newspaper Preservation Act of 1972

Equal Employment Opportunity Equal Employment Opportunity Commission (Title VII of the Civil Commission (Title VII of the Civil

Rights Act)Rights Act)

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

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

Newspaper Preservation Act of 1972Newspaper Preservation Act of 1972

Journal-Gazette News-Sentinel

Fort Wayne NewspapersFort Wayne Newspapers

((Merged Business Practices)Merged Business Practices)

Competitive Editorial and Reportorial VoicesCompetitive Editorial and Reportorial Voices

Joint Operating Agreement (JOA)Joint Operating Agreement (JOA)

Regulating Time, Manner, and PlaceRegulating Time, Manner, and Place

Heffron v.Heffron v. International Society for International Society for Krishna ConsciousnessKrishna Consciousness

1. Restriction not based on content or subject matter1. Restriction not based on content or subject matter

2. Restriction must serve significant gov’t interest2. Restriction must serve significant gov’t interest

3. Lease drastic means of accomplishing gov’t 3. Lease drastic means of accomplishing gov’t interestinterest

4. Alternative forums for disseminating the message 4. Alternative forums for disseminating the message must be availablemust be available

Grosjean v. American Press CoGrosjean v. American Press Co..

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

George Sullivan, J.J., 1936George Sullivan, J.J., 1936

Employment PracticesEmployment Practices

Equal Employment Opportunity Commission Equal Employment Opportunity Commission (EEOC)(EEOC)

1. Gender Discrimination1. Gender Discrimination

2. Sexual Harassment2. Sexual Harassment

3. Age and Religion3. Age and Religion

4. National Origin4. National Origin

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

6. Race6. Race