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NEWSPAPERS DEFINITIONS

UNIV. OF CALIFORNIA

NEWSPAPER LAW

I

NEWSPAPERS

DEFINITIONS OF NEWSPAPER

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66 THE PRINCIPAL distinguishing feature of a “THE newspaper is that it is a publication appearing at regular or almost regular intervals at short periods of time, as daily or weekly, usually in sheet form, and containing news intended for the information of the general reader. Advertisements not appearing in any particular class, trade or profession constitute a factor tending to bring such a publication within the meaning of a newspaper."Hanscom v. Meyer, 60 Neb. 68.

The Attorney General of the United States in an opinion to the Postmaster General said: "On the whole the only requisites of a newspaper, which I think must be judicially held indispensable, are:

"(1) That it be bona fide published, that is, for everybody's use. For example, the prices current, etc., printed at stated intervals and sent by great banking and commercial houses to their customers are not newspapers. They are not pro bono publico, but for private

use.

"(2) That they be published in numbers, not perhaps with exact regularity, but something approaching it. Occasional sheets, placards, etc., are not newspapers.

"(3) That they convey news, not mere dissertations and discussions or literary and poetical miscellanies.

"(4) That they be in sheets and in rather cheap form."-4 Opinions of Attorney General, 10.

DAILY NEWSPAPERS

A newspaper may be a daily paper though not published either on Sundays or legal holidays. 74 P. 802.

A newspaper printed and published six days consecutively each week is a daily newspaper (45 Minn. 27) regardless of whether Sunday or Monday is omitted. 45 Cal. 30.

In Fairhaven Pub. Co. v. City of Bellingham the court held that a paper published on five consecutive days each week (omitting both Saturday and Monday) was a daily paper. 51 Wash. 108.

SUNDAY PAPER NOT A WEEKLY

In Ohio the County Commissioners are required to publish their annual reports in two weekly newspapers of opposite political parties printed in the county. Held that the Sunday edition of a daily paper, bearing a number consecutive with the issues for the other days of the week and advertising a daily seven days in the week at a certain price, was a daily and not a weekly newspaper, and hence commissioners would be perpetually enjoined from publishing their financial reports in such Sunday paper. 9 Ohio, S. & C. P. Dec. 829.

DEFINITION OF "PUBLISH"

"Publish" primarily means to make known, so that when a notice is required to be published in a newspaper, printed in German, the notice must also be in German. When printed in English (in the German paper) it would be merely printed, not published. 54 N. J. Law 111.

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