The post Alliance Joins Coalition Brief in Challenging Texas Drone Regulations appeared first on News/Media Alliance.

On October 10th, the Supreme Court declined to revisit the landmark First Amendment decision in New York Times v. Sullivan, which provides vital First Amendment protections to journalists and the public. The case, Don Blankenship v. NBC Universal et al., requesting the precedent be revisited, concerns a former coal baron who was convicted of a federal conspiracy offense and who sued a number of news outlets for their erroneous reporting that he was a convicted felon, even though his offense was classified as a misdemeanor. Lower courts ruled against him, finding that the outlets did not make the statements with actual malice, but the attorneys for the plaintiff urged the Supreme Court to reconsider the decision and overturn NYT v. Sullivan. The Supreme Court declined to take up the case, however Justice Thomas wrote in a concurrence “[i]n an appropriate case, however, we should reconsider New York Times and our other decisions displacing state defamation law”.

The post Supreme Court Declines to Revisit NYT v. Sullivan, though Justice Thomas Wants to Revisit it in Future appeared first on News/Media Alliance.

On October 5th, the Alliance joined an application, submitted to the DC Circuit Court, requesting audiovisual access to the United States v. Donald J. Trump trial related to the January 6th events, currently scheduled for March 2024. The Alliance also joined a media coalition letter, led by Ballard Spahr, to the Judicial Conference of the Administrative Office of the United State Courts urging a change to Rule 53 to allow audiovisual access to the trial and other criminal proceedings. The application and letter outline how this criminal trial against a former President is historic and unprecedented, and the public and the media have a right to access the trial. Audiovisual coverage is necessary to provide accurate, timely, and meaningful access to the media and the public, and the per se ban on audiovisual access is unconstitutional. To only allow the few members of the press and public who can get a seat in the courtroom to observe the trial does not satisfy the First Amendment. The Alliance will continue to support efforts to allow greater access for journalists and the public to observe trials, especially those with historic significance.

The post The Alliance Joins Media Coalition Urging Court to Allow Cameras at Trump’s Election Interference Trial appeared first on News/Media Alliance.

“As I boarded an Amtrak train back home from Washington, D.C. last Thursday morning, leaving a city bracing for a potential (ultimately averted) government shutdown amid a debate checkered with misinformation, the capitol’s dysfunction and discord provided an appropriate backdrop to the urgent mission that had brought me there. The News/Media Alliance, an industry advocate, organized last week’s D.C. trip to push for the Journalism Competition and Preservation Act (JCPA), a vital bill that needs to pass.” Read more.

The post My Trip to Capitol Hill, and the Desperate Need to Save Newspapers appeared first on News/Media Alliance.

“Peekskill Herald Publisher Regina Clarkin was in Washington, D.C. earlier this week to meet with key Senators and Congressional representatives to advocate for bills and ideas to help save local journalism. Clarkin joined local publisher Adam Stone of Examiner Media along with Emily Sachar and Walter Mullin of The Daily Catch in Red Hook, NY as part of a delegation of some 80 newspaper publishers from across the country. The publishers were invited to Washington by the News Media Alliance, a trade association representing 2,000 newspapers whose members include the largest publishing companies, both newspapers and magazines, in the country.”  Read more.

The post Newspaper Publishers Lobby Congress for Passage of Bill to Protect Local Journalism appeared first on News/Media Alliance.

Image Credit: ChiccoDodiFC / iStock/Getty Images Plus via Getty Images

On August 11, 2023, a small-town newspaper in Kansas, the Marion County Record, was raided by law enforcement. Police came into the paper’s offices and the home of its co-owner and seized the paper’s electronic devices and files. The raid quickly made national and international headlines, sending shock waves throughout the free press community. Why had police raided the premises? Was the raid legal?  What does this mean for our free and independent press? These questions and more swirled around this unusual event.

The News/Media Alliance quickly condemned the raid, along with numerous other organizations, in a letter led by Reporters Committee for Freedom of the Press (RCFP). In the days and weeks following the raid, we know the answers to many questions, but some remain unanswered, such as: What lasting impact will the raid have on the independence of the free press in this country?

As reported, the raid was conducted in response to a local restaurant owner’s claim that a reporter at the paper had allegedly committed identify theft in accessing her driving record. In fact, we now know the reporter accessed public records on a public website in order to verify a tip she received from a confidential source. Five days after the raid, after much public outcry, the warrant was withdrawn and the paper’s equipment returned. While some may read this and think, “No harm, no foul,” unfortunately this couldn’t be further from the truth.

Here are three reasons why this raid is no small-fry matter, and why every American should be alarmed:

1)       The Press Rely on Protection of the Law to Keep Government Accountable

The press has long operated as an unofficial watchdog of government, uncovering misconduct and corruption through investigative journalism, and keeping the public informed of government actions. Journalists are only able to do this, however, if they can rely on laws designed to protect them from government overreach or abuse of power. Most states have press shield laws (something still needed on the Federal level), such as the Kansas Shield Law, which should have protected the Marion County Record from a raid, providing for a subpoena instead of a raid. The raid broke several norms, and the broad seizure of equipment caused the paper to almost shut down its operations. A reporter at the paper has filed a lawsuit against the police chief, claiming her First Amendment rights were violated, and alleging the raid was intended to ‘punish the journalists for investigating and reporting news stories.’

2)      Police Raids Have a Chilling Effect on Journalists and Sources

If the government can infringe upon the rights of the free press, raid their premises and search through confidential source materials, this can have rippling effects – chilling not only the investigative work of journalists, but also deterring sources from coming forward. In the words of Eric Meyer, owner of the Marion County Record, “it would be the end of people ever being able to send anything anonymously to a newspaper.” Our democracy relies heavily upon the freedom of the press. Without it, America begins to resemble countries like Russia or North Korea, where the government routinely raids news organizations, intimidates reporters, and exposes confidential sources precisely to silence the press and anyone who helps uncover truths.

3)      The Human Impact of this Event Cannot Be Understated

Tragically, the paper’s co-owner, 98-year-old Joan Meyer, collapsed and died just one day after her home was searched as part of the raid. The coroner determined that the stress of the search was a contributing factor to her death. Her son and now sole owner Eric Meyer said in an interview, “So the last 24 hours of a 98-year-old woman’s life was devoted to pain and anguish, and a feeling that all her life didn’t matter.” Beyond this personal and unnecessary tragedy, a raid on a news organization breeds mistrust in the press and law enforcement and can splinter communities, especially in small towns such as Marion County.

The impact this raid will have on American journalism going forward is yet to be seen. That will largely depend on how strongly the community at large condemns such raids and what if any accountability arises from it. The News/Media Alliance continues to stand in support of the Marion County Record and all journalists in pursuit of the protection of their First Amendment Rights.

The post Three Reasons Why a Small-Town Newspaper Raid is No Small-Fry Matter appeared first on News/Media Alliance.

On September 13, the Alliance joined a letter with 62 other media organizations urging the Supreme Court to make permanent its practice of providing the public with access to a live audio feed of oral arguments before the Court. The letter, led by RCFP, outlines the strong arguments for making access to the live audio feed permanent. The practice, which was started by the Court in response to the onset of the COVID-19 pandemic in 2020, has greatly increased access to the Court’s proceedings, not only to the public but to journalists across the country. With the feed, the press can report on arguments before the Court more accurately and in real time. This information significantly benefits the public in enhancing their understanding of the functioning of the Court and the broader role that the Court plays in our legal system and democracy. The Alliance supports open access to Supreme Court proceedings and urges the Court to make the live audio feed a permanent practice in support of ongoing transparency. Read more.

The post Alliance Joins Letter Urging Supreme Court to Make Access to Live Audio Feed Permanent appeared first on News/Media Alliance.

Saturday, October 7, 2023

International Newspaper Carrier Day is held each year in conjunction with National Newspaper Week (NNW), an annual week dedicated to celebrating the impact of newspapers to communities large and small.

National Newspaper Week 

National Newspaper Week (NNW) is October 1 – 7, 2023, with International Newspaper Carrier Day falling on that Saturday, October 7, 2020.

NNW is sponsored by Newspaper Association Managers, Inc., the consortium of North American trade associations representing the industry on a state and provincial, regional and national basis.

This year’s NNW theme is “In Print. Online. For You.” This 83rd annual National Newspaper Week is a recognition of the service of newspapers and their employees across North America.

For more information about National Newspaper Week and to download NNW resources, visit www.nationalnewspaperweek.com/

Additional materials for use by newspapers promoting NNW will be posted below as they become available.

International Newspaper Carrier Day

International Newspaper Carrier Day is on Saturday, October 7, 2023.

The News/Media Alliance produces an ad for International Newspaper Carrier day for members to run in their newspapers as a thank-you to their hard-working newspaper carriers.

Click here to download the 2023 ads.

The post 2023 National Newspaper Week and International Newspaper Carrier Day appeared first on News/Media Alliance.

In 2020, Congress passed the Fallen Journalists Memorial Act, allowing for a memorial dedicated to journalists who have died while reporting the news and in recognition of the vital role that the free press plays in our democracy. Now, according to The Washington Post, the future memorial has found a home, with the U.S. Commission of Fine Arts last week approving a location in Washington, DC.

The future memorial, which will be funded through private donations, is expected to be completed in 2028. It will be housed between the National Museum of the American Indian and the Voice of America building on the National Mall with a direct view of the Capitol, which was “chosen to evoke journalists’ role as government watchdogs.”

Throughout our nation’s history, hundreds of U.S. journalists have lost their lives while doing their jobs so that the American public could stay informed on important matters affecting our country. The Fallen Journalists Memorial will serve as much-deserved recognition and acknowledgement of their sacrifice.   Read more.

The post Site Approved for Fallen Journalists Memorial appeared first on News/Media Alliance.

simpson33/iStock/Getty Images Plus via Getty Images

Updated September 5, 2022

The News Media Alliance has produced a White Paper, “How Google Abuses Its Position as a Market Dominant Platform to Strong-Arm News Publishers and Hurt Journalism.”

Download updated White Paper (September 2022) here.

About the White Paper

The White Paper is based on more than a year of interviews and consultations with many Alliance members about their experiences with Google products. It outlines several of the ways in which Google uses news content to its advantage across its products and services. The use of news content through AMP (Accelerated Mobile Pages), Google Discover, and the Google News app, as well as Search becoming more of a “walled garden” in which publishers and consumers are increasingly forced or encouraged to stay, has been systematically making use of news content to enhance Google’s bottom line. In exchange, because there is little bargaining power, news publishers are not receiving fair value for quality content.

Based on the conclusions reached in the White Paper, recommendations from the Alliance include:

• Antitrust scrutiny through the current investigations by the DOJ and state Attorneys General and remedies that address the abuses and impacts on news publishers.
• Passage of the safe harbor bill, also known as the Journalism Competition & Preservation Act, to allow news publishers to collectively negotiate for better business arrangements with the tech platforms.
• Compensation mechanisms that properly account for the value that platforms receive through original news content provided by established news organizations.

The Alliance has submitted the White Paper to the Department of Justice (DOJ) for its investigation of Google’s anticompetitive behavior.

Resources

Click the links below to download the White Paper and related resources.

White Paper with Graphics:

This visually-friendly version of the White Paper includes seven new graphics created to help explain some of the concepts in the report.

White Paper with Graphics (PDF, June 2020)

Graphics:

Download and share the individual graphics from the White Paper. Corresponding text for each graphic from the White Paper is below.

For use on social media, please credit the News Media Alliance. Click on an image, then right-click and select “Save image as” to download.

PowerPoint Presentation:

Download our presentation (PDF) of the White Paper graphics for your use and sharing.

Download in PPT format (Note: Some fonts may not display properly)

Graphic 1: How Google Dominates the Online Marketplace 

From page 4 of the White Paper: AMP keeps users in Google’s ecosystem while creating several disadvantages for many news publishers – including making it more difficult in some cases to form direct relationships with their readers, reducing some publishers’ subscription conversion rates, limiting the use of interactive features in AMP articles, reducing some publishers’ ad revenues, and impairing their collection of certain user data.

Graphic 2: How Google Comes Between Newspapers and Users

From page 14 of the White Paper: At the most fundamental level, Google has placed itself in the middle of the relationship between the newspaper and its user. The user is no longer visiting the publisher’s website directly, but instead viewing a copy of the article hosted on Google’s servers. Further, Google controls the AMP elements of the format, its functions and capabilities, and encourages users to stay within the search results page, for example, by creating an H-scroll in the Top News carousels that seamlessly moves from one publisher to the next without ever leaving Google. As subscriptions become increasingly important in an era in which digital ad revenues pale in comparison to earlier revenues from print ads, having a separate proprietary format that does not easily foster direct relationships is even more problematic.

Graphic 3: AMP URL API Terms

From page 19 of the White Paper (text on page 18): In our view, the AMP URL API terms of use also amount to exclusionary and anticompetitive conduct. A news publication does not appear to have the ability to acquiesce in the use of its AMP content on Google mobile search, for example, while declining permission for use in the new (and free) Google News app, which may directly compete with a newspaper’s own app or another app licensed by the publisher. Further, the language is sufficiently broad and unclear as to raise the question whether it gives Google the right to use the content for free for other purposes, such as artificial intelligence, that supposedly “improve” the APIs (and may in turn reinforce Google’s market power). Moreover, the terms give Google the right to sub-license use of the content to third parties, including presumably for a license fee. Finally, the license is irrevocable; although a news entity can theoretically stop creating AMP pages for its publication and stop using Google’s AMP URL API (with all its negative consequences), Google’s right to use the content continues indefinitely for all earlier-posted AMP pages.

Graphic 4: The Price of Appearing on Google News

From page 24 of the White Paper: News publishers are required to grant Google vast and unclear rights to use the publishers’ news content. The required grant of rights to Google extends not only to Google News but for all “Google Services” – defined as any products, services or technology developed by Google from time to time. In short, as a price of having their content appear on the regular Google News website, a publisher apparently is not only required to participate in the Google News app, and any future version of the Google News app, but any product or service developed by Google in the future.

Graphic 5: Google: A Walled Garden

From page 29 of the White Paper: For many years, Google Search results consisted of simple blue links with only a headline and very short snippet from an article. Today, Google Search makes heavy use of premier news content, including high quality news photos. Google uses this content to enhance its own brand – especially in an era plagued by fake news – and earns substantial advertising revenues for aggregating content it did not create or fund.

Graphic 6: The Effect of Google’s Walled Garden

From page 30 of the White Paper: One growing concern for the news industry is the current length of snippets from their articles, which often can collectively provide ample information on any news story to satisfy the casual reader skimming the news. Google is able to use its role as the market dominant platform to pressure newspapers into providing “rich snippets” for search. If these rich snippets are not on properly optimized pages (meaning the publisher implemented Google dictated structured data and markup properly, and the images are of requisite quality and size), the newspaper is put at competitive disadvantage. As illustrated by the examples and screenshots detailed below, a second, broader concern is the format and wide range of content presented by Google on today’s search results pages, usually above the traditional headlines and links to news articles – changes which undoubtedly decrease the chances that a user will click on a news link. Many have quoted the stunning statistic that, “In June of 2019, for the first time, a majority of all browser-based searches on Google.com resulted in zero clicks. We’ve passed a milestone in Google’s evolution from search engine to walled-garden.”³⁸ The situation is even more stark on mobile: in the past three years, “[o]rganic has fallen by almost 20%, while paid has nearly tripled and zero-click searches are up significantly. … Today … almost two-thirds [of mobile searches ended without a click.]”³⁹

Graphic 7: Google Assistant Does Not Give Credit to Original Publisher

From page 36 of the White Paper: Google Assistant is but one of the growing “Voice-first” Google platforms.  The Google website states that, “If you search with the Google Assistant, featured snippets may also be read aloud.”⁴² The full extent of this practice is not known, but in a limited review the news publishers have certainly found examples. When Google Assistant provides an audio response, that audio response obviously does not contain any link to the original article.  In short, in that setting, the quid pro quo that supports any fair use defense is absent.

Additional Resources:

Plain White Paper (no graphics) (PDF, September 2022)

Alliance Letter to the Department of Justice (June 18, 2020)

Statement: White Paper Shows Google’s Ongoing Use and Abuse of News Content, Why We Need the Journalism Competition & Preservation Act (September 6, 2022)

Press Release: Alliance Releases New White Paper Outlining Google’s Dominant Market Behavior, Harming of Journalism (June 18, 2020)

For more information:

Please contact Alliance Executive Vice President and General Counsel Danielle Coffey if you have any questions.

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