Thursday, April 25, 2024

4/25 WAKE-UP CALL: DOJ's Non-Compete Ban Challenged


Top business groups and a national tax-services firm sued the FTC over its ban on noncompete agreements. The U.S. Chamber of Commerce, along with other business groups, and the tax firm Ryan LLC challenged the regulation in Texas federal courts. The rule, issued by the FTC yesterday, prohibits companies from enforcing existing noncompete agreements on anyone other than senior executives. Ryan says in its lawsuit that noncompete agreements covering more than 200 partners protect the firm’s confidential information and the strategies that its employees develop. The Chamber’s lawsuit says policymakers and courts have for decades recognized the value of noncompete agreements, and the federal government has never regulated them. An FTC spokesman defended its authority to issue the measure. The agency argues that noncompete clauses hamper competition for labor and result in lower pay and benefits for workers.

➤META REPORTS BEST-EVER 1Q:  Meta recorded its best-ever first-quarter revenue thanks to growth in its advertising business, as investors soured on forecasts of rising AI costs. Shares initially fell by more than 12% after the company said it would increase its spending levels for the year by up to $10 billion to support its AI investments. The decline came in spite of an increase in sales to $36.5 billion, up more than 27% compared to a year prior and a record for the January-to-March period, exceeding analyst expectations. Earlier in the day, Boeing reported a $355 million loss as revenue fell 8% from a year ago in quarterly results that were slightly better than expected. The jet maker burned through nearly $4 billion in the most recent quarter as fallout from the Alaska Airlines midair accident exacted a financial toll. Meanwhile, regional banks posted steep profit declines in the first quarter and predicted more pain ahead. Their business model has become less profitable because of higher-for-longer interest rates.

➤MORE STAFFERS OUT AT GOOGLE: Google has fired more than 50 staffers in the wake of in-office protests over the company's cloud computing deals with Israel, according to an activist group representing the former employees. No Tech for Apartheid has protested the cloud computing contracts Google and Amazon have with the Israeli government since 2021. The group said that Google fired more than 20 employees Monday night, bringing the number of total firings to more than 50 since last week, the group said in a statement posted on Medium. The firings came after nine employees were arrested on April 16 during sit-in protests at Google offices in New York City and Sunnyvale, CA.

➤SURPEME COURT HEARS ARGUMENT ON WOMEN AND MEDICAL EMERGENCIES: The Supreme Court heard arguments in a case that pits the health of pregnant women suffering medical emergencies against an Idaho law banning abortion. The Biden administration filed suit to establish that, under federal law, emergency room doctors can provide abortions they judge medically necessary to treat a woman experiencing a serious health scare. Idaho’s lawyer told the court that it was the state’s prerogative to define the scope of permissible medical treatments. Liberal justices challenged that view, while Justice Samuel Alito questioned how broad the government believed the health exception should extend. The Supreme Court has permitted Idaho to enforce its abortion ban while its appeal proceeds. A decision is expected by mid-June.

➤TRUMP LAWYERS TAKES IMMUNITY CASE TO SUPREME COURT:  After Donald Trump was impeached in 2021 for inciting the Jan. 6 attack on the Capitol, his attorney told senators they should acquit the former president because the appropriate place for such charges to be made is in the courts, not Congress. “We have a judicial process in this country,” lawyer David Schoen argued. “We have an investigative process in this country to which no former officeholder is immune.” On April 25, Trump’s lawyers will make the opposite case to the Supreme Court. Trump wants the court to dismiss criminal charges filed against him for attempting to overturn the 2020 election. His lawyers say former presidents can’t be prosecuted for actions they took while in office unless Congress first impeaches and convicts him.

➤SECRET SERVICE AGENT RELIEVED OF DUTY: A U.S. Secret Service agent assigned to Vice President Kamala Harris exhibited "distressing behavior" Monday morning at Joint Base Andrews and was hospitalized, authorities said. Harris was not present at the airbase at the time. In a statement provided to CBS News, the U.S. Secret Service said that at about 9 a.m. local time Monday, the agent "began displaying behavior their colleagues found distressing. The agent was removed from their assignment while medical personnel were summoned."
Two sources briefed on the situation told CBS News the agent spouted gibberish, was speaking incoherently and provoked another officer physically. According to sources, the agent in question pushed the special agent in charge while they were near the lounge of Joint Base Andrews. Harris was at the Naval Observatory at the time, USSS said, and the incident had "no impact on her departure from Joint Base Andrews." Sources said it occurred about one hour before Harris arrived at the airbase for a flight to Wisconsin.

➤STUDENTS START BREAKING-DOWN ENCAMPMENT: Pro-Palestinian students at Columbia agreed to start breaking down their encampment amid discussions with the university. Columbia imposed a deadline for protesters to leave by midnight Wednesday then extended it 48 hours after almost a week of intense protests that it has struggled to contain. The university said discussions between the school and protesters are continuing and the student demonstrators have agreed to take down some of their tents. Protesters have called on Columbia to divest from companies with business ties to Israel and for a cease-fire in Gaza. 

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New Round Of RIFs At Audacy


A round of layoffs is currently underway at Audacy Communications. Although specific names of affected employees have not been disclosed, company sources indicate that approximately just under 100 employees will be impacted by the current round of departures. So far, we’ve heard about affected staff members at the company’s News stations and the Traffic Weather Information Network.

Among those affected is Mike Kadlick, who has been covering the Pats for WEEI and Audacy Sports, said he was being let go by the company on Wednesday.

Audacy, having recently emerged from bankruptcy, faced a significant decline in radio ad spending, amounting to several billion dollars. An Audacy spokesperson, who refrained from disclosing the exact number of employees impacted at WEEI. However, it has been clarified that less than 2% of the Audacy workforce will be affected by these cuts. The situation is undoubtedly challenging for those involved, and the company’s restructuring efforts are closely monitored by industry observers.

On January 7, 2024, Audacy announced that it had filed for Chapter 11 bankruptcy, citing approximately $1.9 billion in debt.

“Audacy is performing well against our 2024 business plan, and we are on track to emerge as a stronger and healthier company, well positioned for a bright future as a differentiated, scaled industry leader with the industry’s strongest balance sheet,” the Audacy spokesperson said in a statement.

“As we continue to make large investments and drive enhancements across our business, we are simultaneously implementing some difficult but necessary decisions that will impact less than 2% of our workforce to best position our company for long-term growth,” the spokesperson added.

Audacy executives havew attributed the financial woes to decreased advertising demand and macroeconomic issues created by inflation, but the nation’s second-largest radio station owner was also grappling with almost $2 billion in debt and a stock price below the $1 listing requirement from the New York Stock Exchange.

Audacy operates hundreds of radio stations that broadcast music, news, and sports, and provides streaming services through its mobile app. Founded in 1968 as Entercom Communications, the company merged with CBS Radio in 2017. It operated as Radio.com following the CBS merger before rebranding as Audacy in 2021.
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Boston Radio: Layoffs, Buyouts At WBUR


Facing a financial crisis, non-com WBUR has announced that Boston’s NPR station is laying off seven employees and 24 others are taking buyouts.

The layoffs and buyouts come weeks after the station warned of possible job cuts.

WBUR’s on-air sponsorship income plummeted by about $7 million in recent years, and the station is looking to begin the next fiscal year with a budget that’s at least $4 million lower than this year.

“I will begin with the hardest news,” CEO Margaret Low wrote to staff members on Wednesday. “We are laying off seven people, including three part-time colleagues. This means valued co-workers are losing their jobs and will leave WBUR before the end of June.”

“It’s painful to lose longtime colleagues and friends and we’ll make time in the weeks ahead to recognize those who will depart,” Low added.

The station has also been offering buyouts, and 24 employees are taking them.  “The number of people who raised their hand allowed us to limit the number of layoffs,” the CEO said.

Among those taking the package are four members of the senior leadership team: Pete Matthews, Del Reese, Mike Steffon and Karl Voelker.

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Podcast Union Staffers File Complaint Against iHM


Podcast workers at iHeartMedia, who are unionized with the Writers Guild of America East, have taken a significant step by filing an unfair labor practice charge against management, According to The Hollywood Reporter. 

Background: These podcast workers have been negotiating their first union contract with iHeartMedia for two years. iHeartMedia voluntarily recognized the union in 2022. The negotiations have been contentious, with disagreements over salary, benefits, and other provisions.

The Unfair Labor Practice Charge: Filed with the National Labor Relations Board, the charge alleges that iHeartMedia has violated Section 8(a)(1) of the National Labor Relations Act.

The alleged violations include:

  • Restricting protected Section 7 speech: This pertains to workers’ rights to discuss their working conditions and share union literature.
  • Intimidating conduct: Management’s actions have reportedly intimidated workers.
  • Interrogating employees about their support for the union: This violates their rights.

The iHeart Podcast Union: Affiliated with the Writers Guild of America East, the union represents around 100 producers, editors, researchers, and hosts. These workers contribute to popular podcasts such as “Stuff You Should Know,” “Behind the Bastards,” and “Atlanta Monster.”

Management’s Behavior: Management has allegedly removed union materials posted by workers within the workplace. Emails have discouraged workers from discussing the union or distributing information about it. The tension has even spilled into the public domain, with the union expressing frustration over management’s proposals and actions.

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Nashville Radio: FishFM AM Host Doug Griffin Signing Off

Doug Griffin at The Fish

After 26 years on Nashville Christian radio stations, Doug Griffin will sign off on April 30. His longtime radio home, WFFH 94FM The Fish, has been sold to a competing Christian radio network. Doug Griffin, Nashville’s longest-running Christian radio station personality, has been an integral part of the community, according to The Tennessean. 

Let’s take a closer look at his remarkable journey:

Early Beginnings: Born in the Bay Area in California, Griffin fell in love with old-time radio theater and comedy shows as a kid. During his high school years as a foreign exchange student in Germany, he recorded audio messages for friends on cassette tapes, playfully calling them “broadcasts” on “KDUG.”

Nashville Calling: Griffin’s journey led him to college at San Jose State University, where he worked at the student radio station. After several years at various California radio stations, he landed a job as the morning show co-host for Christian station WAY-FM in Nashville in 1998.

The Fish Era: In 2002, Griffin transitioned to new Christian station 94FM The Fish, where he has been a beloved voice ever since. His tenure spans over two decades, making him the fourth longest-running personality on Nashville radio across all genres.

Favorite Bits: Griffin’s on-air antics included segments like “The Gospel Accordion to Connie,” where his co-host played accordion covers of the day’s hottest Christian music hits. He also hosted police officer Scott Robinson as “Dancing Bear” in the segment “Crooks Get Busted.”

Impact and Beloved Status: Griffin’s co-hosts describe him as someone who makes everyone feel included, like family. His caring nature and dedication to the community have endeared him to Middle Tennessee listeners. Karla Lawson Henry, one of his co-hosts from the late 1990s, aptly states, “Quite honestly, Nashville Christian radio is Doug Griffin.”

Salem Media Group is leaving Music City. According to sale documents filed with the FCC, the Christian broadcaster is divesting its three Nashville signals carrying 94 FM The Fish to Educational Media Foundation.

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TV Ratings: Off-Week For Cable News, But FNC Still Tops


Nielsen live plus same-day data for the week of April 15 saw Fox News average 1.983 million total viewers and 214,000 A25-54 viewers during primetime. TV Newser reports the network was down in total viewers by -5% and -13% in the A25-54 demo, relative to the week prior (the week beginning April 8). In total day viewing, Fox News averaged 1.291 million total viewers and 156,000 A25-54 viewers. This translates to respective declines of -2% and -7% from what Fox News averaged in those measurements the week prior.

Among all basic cable networks, Fox News remained in first place in total primetime viewers and in 5th place in the primetime demo. In total day, the network held its No. 1 position in total viewers but fell one spot to third place in the total day demo.

MSNBC in primetime averaged 1.351 million total viewers and 134,000 viewers from the A25-54 demo for the week. Covering the Trump Trial paid dividends as it was up by double digits, +17% in total viewers and an impressive +30% in the A25-54 demo from what the network averaged the week prior.

CNN averaged 596,000 total primetime viewers and 117,000 A25-54 viewers in primetime for the week. It posted declines of -6% in total viewers and -8% in the A25-54 demo compared to the previous week.

CNN finished the week rising from 10th place to 8th place in primetime with total viewers, but dropped from the 13th spot to 17th place in the demo from the week prior. It held firm at No. 4 in total day viewers but fell two places to land in 9th place in the total day demo.

Fox had nine out of the 15 most-watched cable news shows of the week, led by The Five (3.160 million viewers at 5 p.m. ET). MSNBC took the remaining six spots, led by Deadline: White House with Nicole Wallace coming in at No. 7 (1.845 million viewers at 5.pm. ET).

Gutfeld! Stayed at the top in the Adults 25-54 demo (291,000 viewers at 10 p.m. ET). Fox News had 10 of the top 15 cable news shows in the demo overall, with MSNBC’s The Beat with Ari Melber securing the 11th spot (179,000 viewers at 6 p.m. ET) followed by four other MSNBC shows.

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Pundits Target Trump During Weekly Zoom Calls


A group of anti-Trump legal commentators and analysts reportedly gather for a weekly Zoom call to discuss the latest developments in former President Donald Trump’s legal troubles. 

According to The NY Post, the clandestine meetings, hosted by Norman Eisen, a CNN legal analyst and former Obama official, take place on Fridays. 

The participants include:

  • Bill Kristol and George Conway, both anti-Trump GOP commentators.
  • Laurence Tribe, a liberal Harvard professor.
  • John Dean, former Nixon White House counsel.
  • Andrew Weissmann, an MSNBC legal analyst.
  • Jeffrey Toobin, formerly with CNN1.

The discussions aim to explore different legal arguments and shape content for audiences interested in Trump-related legal matters. 

While the group’s views may converge due to these conversations, it’s essential to maintain a critical perspective and avoid groupthink. 

Skepticism and ambivalence occasionally arise, especially when evaluating ongoing cases, such as the hush money trial against Trump in Manhattan. These behind-the-scenes dialogues provide insight into the legal landscape and its impact on media narratives. 

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Free Speech Issues Looming For TikTok


The U.S. government set up a likely court showdown over the scope of TikTok's free speech protections under the U.S. Constitution after President Joe Biden signed legislation on Wednesday to ban the social media platform from app stores unless its Chinese owner sells it, reports Reuters.

While the bill itself does not say anything about speech, the measure has alarmed civil rights advocates, TikTok and users of the app who could all sue to block it.TikTok has denied sharing U.S. user data. Its chief executive said on Wednesday the company would defeat the legislation in court.

Legal experts said opponents of the law could argue it infringes on free speech by preventing users from expressing themselves and businesses from using the app to promote products.

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NPR Troubles Extend Beyond Reporting Bias


NPR President/CEO Katherine Maher has defended the organization following the controversy stirred up by former Business Editor Uri Berliner’s essay that appeared in The Free Press, in which he accused the network of biased reporting. However, NPR continues to grapple with a multifaceted crisis. The challenges it faces span layoffs, financial instability, and internal discord. 

Layoffs and Turbulence:

Context: NPR employees eagerly tuned in for a pivotal meeting last year, hoping for positive news about the network’s future.

Reality: Instead, they were met with a stark preview of ongoing challenges.

Impact: Layoffs have been a recurring theme, affecting the workforce and creating uncertainty.

Financial Struggles: Sponsorship revenue has dipped, impacting NPR’s financial stability as the network’s ability to make a significant impact on America is slipping, not only in traditional broadcast but also in the burgeoning realm of on-demand audio.

Internal Turmoil: While NPR has made efforts to promote diversity, these initiatives have generated internal strife.  Meanwhile, NPR grapples with profound shifts in the ever-changing media industry. Accusations, leveled in an essay published in an online publication, The Free Press, led to a deluge of criticism from conservatives, including former President Donald J. Trump, who called for the network’s public funding to be pulled. The essay also generated vociferous pushback internally, with many journalists defending their work and saying Uri Berliner’s essay distorted basic facts about NPR’s coverage.

But, The NY Times reports NPR’s troubles extend far beyond concerns about its journalism.  It is grappling with a declining audience and falling revenue — and internal conflict about how to fix it. NPR’s traditional broadcast audience, still the bulk of its listenership, is in long-term decline that accelerated when the pandemic interrupted long car commutes for millions of people. The network has begun to sign up digital subscribers who pay for ad-free podcasts, but that business has lagged far behind that of its competitors.

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Edison: Social Media Influences Music Discovery


In this digital age, social media platforms have become more than just places to connect — they are sources for cultural discovery. The latest findings from The Infinite Dial 2024, supported by Audacy, Cumulus Media, and SiriusXM Media, unveil how platforms like Instagram, TikTok, and Facebook are also sources for discovering music.

Social media platforms are embedded into the lives of the majority of Americans 12+. Sixty-three percent of Americans use Facebook, 44% use Instagram, and usage of TikTok is close behind at 35%. Yet the power of these platforms is not just measured by usage — it’s also about influence.

According to The Infinite Dial 2024, 48% of Americans age 12+ say it is “very” or “somewhat” important to keep up to date with music. Among this audience, 40% use Instagram as a source to find out about music. TikTok trails behind at 36%, while Facebook maintains a solid presence with 32% of Americans using it for discovering music.


So, what makes these platforms so distinguishable in the realm of music discovery? 

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Radio History: April 25


➦In 1874...Guglielmo Marconi born (Died – 20 July 1937).  He was an Italian inventor and electrical engineer, known for his pioneering work on long-distance radio transmission, development of Marconi's law, and a radio telegraph system. He is credited as the inventor of radio, and he shared the 1909 Nobel Prize in Physics with Karl Ferdinand Braun "in recognition of their contributions to the development of wireless telegraphy".

Marconi was also founder of The Wireless Telegraph & Signal Company in the United Kingdom in 1897 (which became the Marconi Company). He succeeded in making an engineering and commercial success of radio by innovating and building on the work of previous experimenters and physicists

His father was a wealthy land owner and his mother was a member of Ireland’s Jameson family of distillers. Marconi was educated by tutors and at the Livorno Technical Institute and the University of Bologna.

Marconi 1901

In 1894 Marconi became fascinated with the discovery by German physicist Heinrich Rudolf Hertz of “invisible waves” generated by electromagnetic interactions. Marconi built his own wave-generating equipment at his family’s estate and was soon sending signals to locations a mile away. After failing to interest the Italian government in his work, Marconi decided to try his luck in London.

The 22-year-old Marconi and his mother arrived in England in 1896 and quickly found interested backers, including the British Post Office. Within a year Marconi was broadcasting up to 12 miles and had applied for his first patents. A year later, he set up a wireless station on the Isle of Wight that allowed Queen Victoria to send messages to her son Prince Edward aboard the royal yacht.

By 1899 Marconi’s signals had crossed the English Channel. The same year, Marconi traveled to the United States, where he gained publicity offering wireless coverage of the America’s Cup yacht race from off the coast of New Jersey.

Marconi joined the Italian Fascist party in 1923. In 1930, Italian dictator Benito Mussolini appointed him President of the Royal Academy of Italy, which made Marconi a member of the Fascist Grand Council.

Marconi died in Rome on 20 July 1937 at age 63, following a series of heart attacks, and Italy held a state funeral for him. As a tribute, all radio stations throughout the world observed two minutes of silence on the next day.  His remains are housed in the Villa Griffone at Sasso Marconi, Emilia-Romagna, which assumed that name in his honor in 1938.

In 1943, the Supreme Court of the United States handed down a decision on Marconi's radio patents restoring some of the prior patents of Oliver Lodge, John Stone Stone, and Nikola Tesla.  The decision was not about Marconi's original radio patents and the court declared that their decision had no bearing on Marconi's claim as the first to achieve radio transmission, just that since Marconi's claim to certain patents were questionable, he could not claim infringement on those same patents.

➦In 1908...Edward Roscoe Murrow born  at Polecat Creek, near Greensboro, NC (Died from lung cancer at age 57 – April 27, 1965), He was a broadcast journalist and war correspondent. He first gained prominence during World War II with a series of live radio broadcasts from Europe for the news division of CBS. His live, shortwave broadcasts relayed on CBS electrified radio audiences as news programming never had: previous war coverage had mostly been provided by newspaper reports, along with newsreels seen in movie theaters; earlier radio news programs had simply featured an announcer in a studio reading wire service reports.

During the war he recruited and worked closely with a team of war correspondents who came to be known as the Murrow Boys.

A pioneer of radio and television news broadcasting, Murrow produced a series of reports on his television program See It Now which helped lead to the censure of Senator Joseph McCarthy.

➦In 1949…An article in LOOK magazine predicted that radio was doomed because if the growing popularity of television.  However, radio reinvented itself as a local service and became bigger than ever, while LOOK disappeared in 1971.

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