Audio Assist Version
On Wednesday, a local addiction treatment facility wanted answers about a report from SCDN. This was not the first time this company has inquired about reports. On Thursday morning, they formally requested that we not use their name in our reporting.
We immediately contacted our attorney.
The email came with a very strict and lengthy confidentiality notice, so I will not share a copy of that conversation.
Can a business force the press not to use their name?
While a private business can have its own publicity policies, it cannot legally compel the press to refrain from using its name through legal action.
N.Y. Times Co. v. The City of New York, 72 N.Y.2d 555 (1988)
The court ruled in favor of the newspaper’s right to publish information about public affairs. This case illustrates the limitations businesses face in attempting to restrict the media’s use of their names.
This case highlights the balance between a business’s control over its publicity and the media’s right to report freely. Neither private companies nor government agencies or officials can compel the press to refrain from using their names.
Can the press sue a company that is trying to bully them or make demands on their reporting?
Yes, the press can sue a company that is trying to bully them or make unreasonable demands regarding their reporting. Consider these points:
Interference with Business Relationships: If a company threatens to harm the press’s business relationships (for example, by cutting off access to information by attempting to have the police scrub their name from police reports) as a means of coercion, this could lead to claims of tortious interference, where a party unlawfully interferes with the business relationships, communications, or negotiations of another party.
Retaliation or Intimidation: If the company’s actions escalate to the level of retaliation or intimidation against journalists or media outlets, this could also lead to legal claims, particularly if such actions involve laws protecting journalistic activities.
In Woods v. ABC, Inc., 2006 WL 1308223 (E.D. Cal. May 10, 2006), the court discussed the boundaries of lawful conduct by corporations attempting to control or influence media reporting, providing insight into potential areas for liability.
The press has legal avenues to challenge unlawful or coercive behavior from companies.
SCDN stands firm in our company motto: Report Without Bias and Tell The Truth Without Compromise.
Why should I care?
This article is to make you aware of the bullying tactics of this local addiction treatment facility. We must take a stand against any organization that seeks to silence the press or intimidate journalists.
The implications of a press organization yielding to outside pressures are deeply concerning.
A robust and independent press is essential for informing the public, holding power accountable, and encouraging a healthy, engaged citizenry. Protecting honest journalism and ensuring freedom from fear is vital so the public can know and understand the truths affecting their lives.
Together, we can ensure that the truth remains accessible to all.