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From: Pro-SF [home@prosf.org]
Sent: Thursday, December 03, 2009 9:07 AM
To: home@prosf.org
Subject: ProSF No Such Thing As a (Government) Free Press: Rapid Economic Decline
of Newspapers, News Magazines and Many Broadcast Outlets

Pro-SF Taxpayers Open Government Archive http://www.scribd.com/Public
%20Records%20Information%20Clearinghouse

Address: 250 Ashbury St. SF 94117: E home@prosf.org: Supporting Freedom of
Information, Government Transparancy & Accountability. Providing Public
Information To The Taxpayers/Residents of the City and County of San Francisco

From: FeedBlitz [mailto:feedblitz@mail.feedblitz.com]
Sent: Thursday, December 03, 2009 2:14 AM
To: ProSF
Subject: CalAware Today - No Such Thing As a (Government) Free Press

Here are the latest updates for ProSF
No Such Thing As a (Government) Free Press

FREE PRESS -- "The myth is that the commercial press in this country
stands wholly independent of governmental sustenance," say media scholars Geoffrey
Cowan and David Westphal, writing in the Online Journalism Review. "Here's the
jolt: There's never been a time in U.S. history when government dollars weren't
propping up the news business. This year, federal, state and local governments
will spend well over $1 billion to support commercial news publishers through tax
breaks, postal subsidies and the printing of public notices. And the amount used
to be much higher."

This topic is back in the news because of the rapid economic decline
of newspapers, news magazines and many broadcast outlets. Amid deepening concern
about the impact on our democracy, some are calling on the government to get
involved. Leonard Downie and Michael Schudson were among the latest, urging
limited government aid to support the cause of news and information. The Federal
Trade Commission is among the federal agencies wading in, scheduling discussions
Dec. 1-2 to gauge whether government intervention is needed.

The truth is that American government and the news business have
always been joined at the hip, and not just through the government's copyright
protections, restrictions on anti-competitive practices and regulation of the
public airwaves. It's also through the infusion of tax dollars.

The Postal Service's subsidy of mailing costs for newspapers and
magazines, which dates back to colonial America and the Postal Act of 1792, is
often raised as Exhibit A. Less well known is just how large this subsidy was\ufffd
and how much it has shrunk. As recently as the late 1960s, the government was
forgiving roughly three-fourths of print publications' periodical mailing
expenses, at a cost of about $400 million annually (or, adjusted for inflation,
about $2 billion today). Much of that disappeared with the Postal Reorganization

Act of 1970 and in subsequent cutbacks. But the Post Office still discounts the
postage cost of periodicals by about $270 million a year.

Postal subsidies, though, are just the start of the story. Federal and state governments forego about $890 million a year on income and sales tax breaks to the newspaper industry, most of it at the state level. The actual figure is probably much higher because many states don't report tax expenditure details.

Another major form of government support comes through public-notice
requirements, which also have their roots in colonial America. These laws require
cities, counties and school districts, along with state and federal agencies, to
buy advertising space in newspapers to disclose a range of government actions\ufffd
such as plans for a new school. Take a look at the Wall Street Journal, for
example, and you ll usually find a page or more of federally paid and mandated ads

\ufffd
in impossibly small print -- announcing property seizures. Those are public
\ufffdnotices, and nationwide they bring in hundreds of millions of dollars in revenue.

But all three of these categories are shrinking. For example,
legislation has been introduced in 40 states to move public notices to the Web,
and the Department of Justice has already announced it will shift property-
forfeiture notices from newspapers to its own Web site. The impact would be
another blow to newspapers, especially small ones: In 2000, the National Newspaper
Association estimated that public-notice billings accounted for 5-10 percent of
newspaper revenue.

Surprisingly, the authors don't mention three other virtual subsidies,
each of them applied in California as in most other states.
The federal Newspaper Preservation Act of 1970, reportedly signed by
\ufffd

President Nixon as a reluctant favor for the editorial support of the Hearst
newspaper chain in his 1972 re-election campaign, which allowed daily newspapers
in the same city San Francisco and many others to combine their business

\ufffd
\ufffd

operations (advertising, production, circulation) into a single joint enterprise,
sharing the revenue under a "joint operating agreement" (JOA) while preserving
their independent reporting and editorial work under their own mastheads. The law
thus exempted the JOA partners from the antitrust laws, which otherwise would have
prohibited pooling of enterprise between such competitors. The typical effect was
to give the weaker of the pair in any given city a few years' extra survival
before folding a decline documented ten years ago and meanwhile to undercut ad

\ufffd
\ufffd
revenue for other competing media in the local market. There may have been studies
of just how big a gift this was to participating dailies especially those that
\ufffd
eventually went under but it had to have been sizeable.
\ufffd
Another major subsidy enjoyed for most of the 20th Century by
\ufffd
newspapers in California and other states the sales tax exemption was repealed
\ufffd
\ufffd

nearly two decades ago as a legislative effort to close an earlier budget gap,
with the promise that it the exemption would be reinstated when the state's
revenues improved otherwise. But it never was.

A third unmentioned effective subsidy comes in the area of
\ufffd
circulation costs. Since the Nineteenth Century "paper boys" or "newsies" have
been classified by publishers as independent contractors "little merchants" rather
\ufffd
\ufffd

than employees. Employees are subject to the wage and hour laws, including the
minimum wage and overtime, to workers compensation liability, to payroll taxes and
other economic benefits and protections that are not extended to independent
contractors. The latter are considered to be in business for themselves and to
have parity of bargaining power with the publisher. This legal fiction applied to
newspaper carriers is not the result of legislation but rather of the lack of

of 00

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