Quote:
Originally posted by AGDee
We have had posts about groups taking all the newspapers in the past too. What I always find ironic about this is... How do you steal something that's free? Does it say on the paper stands that it is illegal to take more than one? Am I wrong in assuming that they are free? Our campus newspaper always was free and we could just grab them from numerous places on campus.
Dee
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I was wondering the same thing as I remember this happening once or twice while I was in school -
http://www.splc.org/pdf/utexastheft.pdf
The Student Press Law Center tracks these cases:
http://www.splc.org/newspapertheft.asp
Many "free papers", in lieu of a price, include language such as the following: "Single copies free." In their masthead and rate card they may include information indicating that single copies are free to members of the school community and that multiple copies may be available for purchase at an established price by contacting the newspaper's business office.
The following language is an example: "Because of high production costs, members of the State University community are permitted one copy per issue. Where available, additional copies may be purchased with prior approval for 50 cents each by contacting the Student Times business office. Newspaper theft is a crime. Those who violate the single copy rule may be subject to civil and criminal prosecution and/or subject to university discipline."
"Free" distribution newspapers are not free, theft can cause the publication to suffer monetary harm. The paper can claim: (1) printing costs, (2) delivery costs, (3) production costs (e.g., wire/photo service charges, graphic art fees, telephone and postage expenses, office supplies, photo supplies, etc.), (4) special printing/production fees associated with a "rush" job should you decide to reprint the paper, (5) salary for publication staff, (6) revenue that may need to be refunded to advertisers, etc.
For example, if an advertiser paid $2,000 to run an ad and only 50% of the newspapers were actually circulated, advertiser goodwill, if not the law, suggests that the publication may owe the advertiser a refund of $1,000. That is a legitimate, quantifiable loss.
Punishing Newspaper Thieves:
Criminal prosecution. Possible charges include: larceny, petty theft, criminal mischief or destruction of property. Though not necessary to prosecute a theft, Maryland and Colorado have a specific state law making the taking of a free distribution newspaper a crime. Ultimately the decision to pursue criminal charges is up to the local prosecutor.
Campus disciplinary action. Even if there is insufficient evidence or grounds for criminal prosecution, newspaper thieves can be punished by campus officials for their misbehavior. While pursuing such punishment is also up to those issuing the discipline, student media can keep pressure on campus officials to take appropriate action and then follow up on the outcome.
Civil lawsuit for damages. This type of claim is solely in your hands and can be a way to recover financial losses suffered by the newspaper. Depending on the amount of loss (frequently a maximum of $2,500), student media may be able to pursue this claim on their own in small claims court for minimum cost and without the expense of an attorney. You will need to have carefully documented evidence of your losses. If small claims court is not an option, you will probably need to hire an attorney. The SPLC can discuss this option with you in more detail.