Is it about saving journalism, or saving the newspaper industry? And are the two inseparable?
This morning’s somewhat-ballyhooed Congressional hearing on the future of newspapers — featuring an industry representative, an industry analyst and an academic — did little to clear the air on that question, but raised some interesting points.
U.S. Rep. Carolyn Maloney (D-NY), who chairs the Joint Economic Committee holding Thursday’s hearing, last week submitted a bill that would allow newspapers to reorganizes as 501 ©(3) non-profit groups, dedicated to the public good. A similar Senate bill is pending. In her opening remarks Thursday, Maloney emphasized the importance of journalism to our democracy.
When the JEC asked for reaction to the non-profit idea, it got a quick brushoff from Newspaper Association of America CEO John Sturm. We’re not here to talk about that, Sturm said.
He did talk about it a bit in his opening statement, characterizing it as potentially useful in limited situations, but dismissing it as a solution for the industry as a whole. And of course, it’s Sturm’s job to lobby for the industry.
Highlights of Sturm’s suggestions to help the newspaper industry:
- Congress should businesses carry back net operating losses for 5 years instead of 2 years under existing law. This was part of this year’s stimulus packages, but Congresses limited it to only a minority of businesses.
- Congress should let businesses spread out future contributions to defined benefit plans
- Nice try on the whole non-profit idea, but we’re not considering that (my paraphrase)
Sturm also brought up the idea that the salvation of the news industry is stopping what the industry alleges is widespread theft of content. While he didn’t mention legislation, those hauling water for the industry have been pushing for changes to copyright law that would not just crack down on outright theft (which is already covered in the law), but would allow news organizations to exclusive ownership of facts. Some proponents go so far as to ban links and commentary on news stories, which predictably has raised a firestorm in the blogosphere. Sturm noted that the industry is rolling out its own technical and legal solutions to those engaged in outright story-snatching.
(Read in-depth coverage of the newspaper industry copyright controversy)
In testimony, Sturm also raised the idea, with no specifics, of modifying antitrust laws, saying that Congress should consider whether a joint industry plan to address the crisis really violates the spirit of antitrust laws. Industry-wide (although with a few exceptions), the competition for advertising revenue is not other newspapers, but other forms of media and revenue-sapping conditions.
The second of the two witnesses was Tom Rosenstiel, director of the Pew Research Center’s Project for Excellence in Journalism. In his prepared remarks, he laid blame on the industry itself for not responding effectively to web services that have sucked away classified ads, such as eBay, CraigsList and Monster. But he also noted that the drain on newspaper revenue predated the internet, pointing to the loss of the one-time anchor ads of competitive grocery stores and department stores. Big-box stores such as Wal-Mart haven’t replaced this revenue.
Rosenstiel said newspapers still have options, though the door is closing on them. He did make a pointed statement separating journalism from the newspaper industry:
So should we care whether newspapers survive? Perhaps not. Typewriters have come and gone. But I believe we do have a stake as citizens in having reporters who are independent, who work full time, and who go out and gather news, not just talk about it, and who try to get the facts and the context right. And its not just the high-lying investigative reporters I have in mind, but perhaps even more so the reporters who simply show up week after week, sit in the front row, and bears witness, and who, simply by their presence, say to those in power on behalf of all the rest of us, you are being watched.
The third witness was Princeton Professor of Sociology and Public Affairs Paul Starr, an unabashed proponent of some sort of subsidies for journalistic enterprises. His arguments are well-rooted in history, going back to the British Stamp Act that helped stir the American Revolution, and including the failure of the Newspaper Preservation Act of 1970 that allowed joint operating agreements. In fact, the JOA’s tended to favor conglomerates, effectively reducing competition among newspapers. It certainly failed to ensure the survival of multiple newspapers in markets, its stated goal.
Starr offered no suggestions for subsidies — just a list of successful models — and he said no distinction should be made between non-profits and commercial enterprises — and nothing treat newspapers as a special case. He offered a laundry list of conditions such subsidies should meet:
First, any subsidies must be viewpoint-neutral; they cannot favor one viewpoint over another.
Second, they should be platform-neutral—they should not favor print media over online media, for example.
And, third, they should be neutral or at least reasonably balanced as to organizational form. Taken as a whole, they should not favor for-profit over nonprofit organizations, or vice versa. To be sure, some policies by their nature may benefit one type of organization, but the sum total of policy should be indifferent as to whether news is provided via a for-profit or nonprofit enterprise.
Starr noted that just amending tax laws to allow newspapers to become non-profits under 501 ©(3) is not an option.
From the founding of the republic, newspapers have played a central role in politics–endorsing political candidates, for example. It would be a real loss to freedom of the press if, in becoming nonprofit, newspapers had to restrict their political expression. I believe, therefore, Congress should consider creating a new category of nonprofit journalistic organizations that are freed from traditional limitations on 501 © (3) organizations. When Congress originally subsidized newspapers through the postal system, it did not require that they be nonpartisan; indeed, most of them were partisan. Neither should we require newspapers to limit their political expression in order to gain the advantages of nonprofit status.
Starr’s prepared statements make interesting reading.
Maloney came up with one squirm moment in the hearing. She recalled that as a high-school student, she was required to read a national weekly news magazine as a regular part of her classwork. This instilled in her a lifelong habit of reading weekly news magazines. Had newspapers considered a similar program?
The witnesses were too polite to note that the committee chair is of a demographic with a much higher newspaper-reading habit. One witness (off camera) finally made a terse note that the industry had tried newspapers in the classroom, but that the industry couldn’t wait decades for that to bear fruit. (In fact, as anyone in the industry knows, newspapers have put significant resources into Newspapers in Education/newspapers-in-the-classroom programs over at least two decades, trying to stem a hemorrhage in circulation that began in the 1950s. Whatever the benefits of such programs to education, they obviously have not reversed the drain on circulation.)

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