Legal Question in Business Law in New Jersey

Rights of Newspapers to restrict advertising of small businesses

I have a startup small business which provides the ability to create your own newspaper-type classified online via a website. It allows people to type in their words, pictures, directions etc. in over 150 categories like antigues, autos, yards sales, etc. To gain visibility and recognition I need to advertise. My local newpaper, which controls the advertising in almost all my local papers, has the ability to include advertising inserts with the newspaper. I sent a fax draft of my insert, it was approved. I made up 1000 flyers to include in the newspaper and delivered them to their office. I was then notified that the publisher ''has chosen to not include my insert''. I was given no reason except their right to choose. I went through 3 levels of management and that was the only response. Essentially my small home-based business is being severely hindered in advertising. Do they have the right to do that?


Asked on 4/22/03, 11:33 am

2 Answers from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: Rights of Newspapers to restrict advertising of small businesses

Without a contract or something in writing, they can put in or delete whatever they want from their paper. If you have a written approval, you may have something to go on.

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Answered on 4/22/03, 12:25 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Rights of Newspapers to restrict advertising of small businesses

The newspaper has a right to reject your advertisement. You have no contract with the paper and therefore no right to force inclusion. Have you considered othere alternatives such as local radio, cable tv and online advertising?

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Answered on 4/22/03, 3:44 pm


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