We’re sure feeling the lurv here at Sotto Voce HQ. Our very own Senators, Ben Cardin and Barbara Mikulski, have respectively sponsored and co-sponsored a bill into the Senate proposing to amend section 501(c)(3) of the Internal Revenue Code of 1986 to include “certain newspapers” that are organized as nonprofits, an idea I endorsed on SV not too long ago.
The bill, S. 673, clearly answers my question about how a nonprofit newspaper organization would qualify as a nonprofit:
I see the potential for a big snag, though, in the proposed language for “Unrelated Business Income:”
That’s fudgy enough to cause problems in practice. What constitutes “exceeds?” A 50-50 split in column inches? Per page or overall? Will there be different text-to-ad ratios for news, sports, and articles because they don’t “weigh” the same in terms of fulfilling the newspaper’s educational purpose? What about print vs. online editions (a distinction not covered in the bill, BTW)?
Don’t doubt for a minute that people are going to haggle and parse those thinner than deli salmon. The so-called “mega-donors” who are likely to be the primary benefactors of nonprofit newspapers are 1) likely to reserve property interests in their gifts, allowing them to bring suit to enforce restrictions, and 2) can probably afford better lawyers than the nonprofit. What happens when a paper’s biggest donor finds out that it’s about to do an investigative series on a company on whose board he sits?
Oh, and by the way, is subscription revenue covered already in the existing Code? If not, shouldn’t that be Paragraph (l) after advertising revenue?
In any case, right now the bill is just sittin’ on Capitol Hill. Sen. Mikulski is the only co-sponsor, and I suspect that it will not emerge from the almighty Finance Committee (where the above issues could be haggled out) to see the light of a floor vote.
Regardless of the bill’s prima facie strengths and weaknesses, and also regardless of its ultimate fate, I think it’s an important first step. It would open up one more avenue for news organizations to try and make a go of it, and Sen. Cardin deserves big kudos for surveying the route. Senator, if you’re reading this, I’ll buy you a Boh and a bucket of crabs any time.
And in the meantime: newspapers, it probably wouldn’t kill you to start charging for online articles. Look at it this way: since you’re already giving everything away for free, from the moment you get one online subscriber, you’re already making money.
Or to put it another way: what else do you have to lose?