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The Media as Business

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

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