State Law Does Not Affect JOA

By Stein, M. L. | Editor & Publisher, January 18, 1997 | Go to article overview

State Law Does Not Affect JOA


Stein, M. L., Editor & Publisher


STATE GOVERNMENT attempt to force the Hawaii Newspaper Agency's papers to submit annual income tax returns to the attorney general was thwarted by a federal appellate court ruling.

The Newspaper Preservation Act (NPA), which enabled the creation of a joint operating agreement for the Honolulu Advertiser and Honolulu Star-Bulletin, pre-empts a state law that also required the newspapers to furnish any "special or supplementary reports" to the state attorney general, the U.S. Ciruit Court of Appeals declared. The reports would have to be handed over within 30 days from Dec. 31.

The NPA statute's plain language leaves nothing for the states to regulate," the court declared.

Hawaii's legislative Act 243, adopted in 1995, makes normally private information about the JOA newspapers a public record.the measure opined that the "justification for the monopoly" granted by the NPA, which was enacted in 1962, "may no longer be true."

The HNA sued Attorney General Margery S. Bronster for relief and was upheld by a U.S. District Court judge, who said Act 243 violated the First Amendment, as well as the Constitution's Due Process Clause and the Equal Protection Clause.

In the decision upholding the lower court's opinion, Circuit Judge Arthur Alarcon noted Act 243 requires the attorney general to submit the newspaper's "confidential" information to the U.S. Department of justice, thus allowing business competitors and others to access it.

In response to Bronster's argument that Congress, in passing the NPA, left room for "supplemental regulation" by the states, Alarcon wrote that Congress, to the contrary, intended to pre-empt state regulation of JOAs by shielding them from antitrust laws. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

State Law Does Not Affect JOA
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.