Industry News

Michael Kay Renews to Continue ESPN New York Show

As reported by the New York Post, afternoon drive personality Michael Kay has signed a contract extension with Good Karma Brands-operated sports talk WEPN-FM, New York “ESPN New York” that is a “seven-figure deal per year and is for multiple years.” The Post reported in January that the 62-year old Kay was seriously considering retirement. Kay announced the deal on his program yesterday (3/16) saying,  “When the story in The Post came out, I was pretty certain that was going to be it and I would leave the show after 21 years in September. It had been a great run, a long run. I just said, ‘That’s it. I’m probably too old to do it.’” Kay is supported on the show by co-host Don La Greca and Peter Rosenberg. The show is simulcast on the YES TV network. Kay also serves as the television play-by-play announcer for New York Yankees baseball games. Read the Post story here.

Industry News

Salem Unveils New Podcast Hosted by Lena Armuth

Salem Media Group announces the launch of the podcast show “Retirement for Real” on Salem-owned SeniorResource.com. “Retirement for Real,” hosted by Lena Armuth, is an investment podcast designed to help retirees make sensible financial decisions in retirement. Armuth says, “Today’s investors deserve to know that investing is simple, affordable, and accessible to all! Collaborating with Senior Resource was a no-brainer for me because our missions are so similar. My podcast is dedicated to empowering and educating retirees on personal finance and investing, and Senior Resource helps me share this message with a broader audience. I’m thrilled to see my podcast has reached listeners from all across the country, and I remain steadfast in my commitment to giving real people the knowledge and tools they need to better understand investing and their finances in retirement.”

Industry News

Benztown Unveils Expanded and Updated News/Talk Library

The company breaks out its new Benztown News/Talk audio imaging library for radio stations, that focuses on bringing updated and more frequent caller and host audio, an accelerated update schedule, and more daily topical promos and sweepers designed exclusively for news/talk stations. Benztown says the updates include a refocused approach based on caller/listener interaction and daily topical pieces. It adds, “The Benztown News/Talk Library is created by the industry’s top imaging and production specialists, led by imaging director, Adam “Ketch” Kecskemeti, and imaging voice, Mike Hansen. Paired with Benztown’s Ambush News/Talk Library, led by imaging director Scott Phillips, and format voice JJ Surma, and housed on Benztown’s industry-leading platform, news/talk radio stations have every imaging tool and solution at their fingertips.” Benztown VP, sales & operations Masa Patterson says, “We are incredibly excited to bring America’s best news/talk stations an enhanced and expansive toolset they need now more than ever. Benztown News/Talk is all stations need to produce what their listeners count on them for, from conservative talkers to straight-up traffic and weather. With this increase in caller interaction and daily topical elements, it has everything news/talk stations need to get a jump on tomorrow’s news today – and more.” Listen to a composite of the expanded Benztown News/Talk Library, paired with Benztown’s companion library Ambush here.

Industry News

Monitor: Talk Radio Rises as a New Battleground for Latino Voters

A piece in the Christian Science Monitor by Simon Montlake takes a deep dive into the battle for Hispanic listeners – and voters – on the nation’s radio waves. The recent sale of Univision’s “Radio Mambi” (WAQI-AM, Miami) to George Soros-backed Latino Media Network and that company’s acquisition of other AM signals in Florida, New York, Illinois, Arizona, California, Texas, and Nevada created a stir and cries of “left-wing censorship” from conservatives. The rhetoric surrounding these deals is part and parcel of the politicized nature of media in the modern world. In the piece, Montlake observes, “The $60 million takeover – and the reactions it has sparked – is another flashpoint in the national battle to win over Latino voters, a fast-growing demographic that has long leaned Democratic but has lately grown more receptive to Republicans. So far, most Spanish-language radio in the U.S. has been focused on music and entertainment, not news or commentary. Which in the eyes of many makes it an untapped and lucrative means of political persuasion.” Read the Monitor story here.

Industry News

Syndicated Radio Physician Dr. Asa Andrew Expands TV Footprint

Asa Andrew, M.D. – known to his growing audiences on radio and television as Doctor Asa – has just filmed his fifth reality health series. Titled, “Reversed,” the program focuses on the global challenges of diabetes and weight-related issues. Doctor Asa serves as the program’s executive producer as well as one of the lead talents. The latest installment was filmed in Costa Rica and will be released on Discovery later this year. Doctor Asa, in addition to his array of media products and roles, recently signed a deal with Impact Wrestling as a ringside physician “character.” He tells TALKERS, “The word ‘doctor’ is derived from the Latin word for ‘teacher’ and I view my varied roles in talk media as extensions of that concept.”

Pictured at the filming of “Reversed”: Doctor Asa (left) interviewing Tony Jimenez, M.D. (right) a leading cancer doctor. Doctor Asa will be one of 60 talk media speakers at the forthcoming TALKERS 2023 at Hofstra University on Friday, June 2. To register or obtain sponsorship information, call Barbara Kurland at 413-565-5413.

Industry Views

The Uniqueness of the American Radio Talk Show Host

By Walter Sabo
Consultant, Sabo Media
A.K.A. Walter Sterling
Radio Host, Sterling on Sunday

Talk show talent, program directors, show producers and broadcast business decision-makers represent the core readership of this publication. Sometimes we are so close to something that we fail to see it for what it really is. That is the case of the “talk show host” in American radio. Michael Harrison refers to the often-shameless targeting of audiences as “the daily dance of affirmation.” I view the daily process of radio talk show hosting at its very core, as “the daily dance of freedom.”

Talk show hosts are a rare breed and endangered species who enjoy a unique freedom in American radio. Hosts can actually talk about whatever they want! Of course, they are subject to both the rewards and consequences of this freedom – but the process of doing a live talk show, sparked by opinion and controversy, is so spontaneous and uniquely dynamic that it cannot be controlled on a minute-to-minute level without losing the flavor that makes it so special and long-lived.

During a decade as a top-five market and network talk show host, no one has ever told me what to talk about. And for zillions of years as a programming executive prior to that, I never told a host what to talk about on their next show.

Talk hosts are granted remarkable radio freedom!  Music jocks haven’t had that freedom since the 1960s. Music jocks have to get up the courage to ask permission to merely change the order of songs on their play list. Talk show hosts “own” three or four hours a day on a significant station or stations to say whatever they wish. That’s amazing! At first that freedom was a daunting, humbling challenge for me. However, I have been guided by my experience in programming or having launched some of the world’s most successful talk stations.

Based on that experience from both sides of the mic, here’s what works: Talk can entertain a listener of any age and demographic if the host talks about the listener’s day. I talk about my day framed for a listener, one listener – water in the basement, trouble with the sister-in-law, the parent-teacher conference, more trouble with the sister-in-law, the check engine light in the car never wants to go out, life at Walmart. I talk from a place of trust.

Trust that events that poke the landscape of our lives are a very big deal. Trust that I will never find the “right” topic on any editorial page. Trust that you, dear listener, already know who you are going to vote for in any election and that this English major does not have the magic wand to change your mind. Trust that my on-air opinion must never waiver or we have no show.

Listen to talk shows and stations that reach demos under 50:  WMMS, Cleveland; KFI’s John and KenCasey Bartholomew at WBAP, Dallas; KMBZ, Kansas City; KFBK, Sacramento; the Elvis Duran Show; and streaming with Bubba the Love Sponge or Phil Hendrie. Those successful shows embrace the scope of conversation two best friends would have on the phone today. If two best friends would discuss a topic, why wouldn’t you share it on the air? If two best friends would never discuss it, why would you ever put it on the air?

Walter Sabo, consultant, can be contacted at Sabo Media: walter@sabomedia.com. Direct phone: 646-678-1110.  Check out www.waltersterlingshow.com. 

Industry News

Townsquare Media Q4 2022 Net Revenue Up 8.8%; Full Year Up 10.8%

Townsquare Media reports operating results from the fourth quarter of 2022 and for the full year. Net revenue for Q4 of 2022 was $120.3 million, an increase of 8.8% over the same period in 2021. For the full year of 2022, net revenue was $463 million, an increase of 10.8% over the full year of 2021. While net income was up over 100% in Q4 of 2022 over Q4 of 2021, net income for the full year 2022 was $14.4 million, down 23.4% over the full year 2021. While Broadcast Advertising net revenue for the full year 2022 was up 3.8% over the full year 2021, Townsquare is upbeat about its Digital segment. CEO Bill Wilson says, “I am proud to report that Townsquare’s transformation into a Digital First Local Media Company allowed us to deliver record results in 2022 despite a progressively challenging economic landscape… 2022 was a significant inflection point for our company. It marked the first year where radio no longer comprised the majority of our revenue and profit, further separating Townsquare from our local media peers, and placing a spotlight on our world-class team and our unique and differentiated strategy, assets, platforms and solutions. Our growth engine has been and will continue to be our digital solutions, which were the primary driver of our 2022 growth. Total digital revenue increased +16% year-over-year (and +12% in the fourth quarter) to $231 million, and total digital Adjusted Operating Income increased +12% year-over-year to $69 million, representing a 30% profit margin. We believe Townsquare’s ability to drive profitable, sustainable digital growth is a key differentiator for our company, and we reaffirm our expectation that our digital revenue will grow to at least $275 million by 2024. We are uniquely positioned as a Digital First Local Media Company focused principally on markets outside of the Top 50 in the United States, with a resilient digital growth engine supported by both a recurring subscription digital marketing solutions business, with a large addressable market and limited competition, and a highly differentiated digital advertising technology platform. We believe that our business model and strategy position us to weather the current economic environment better than most… Our success has been and will continue to be the result of the Townsquare Team focusing on what we do best: creating high quality, local original content for our audiences and delivering creative and cost-effective marketing solutions for our local clients with strong return on investment.”

Industry News

Salem Executives Oppose Daylight Saving Time Legislation

Salem Media Group chairman of the board Edward Atsinger III and CEO David P. Santrella signed letters to Congressional leaders opposing a bill (H.R. 1279) that would make Daylight Saving Time permanent in the U.S. The executives point out how a late sunrise – especially in the winter months – would affect the reach of AM signals. They write that their stations “are in jeopardy of suffering a massive blow to their operations through a bill that is before you now. AM radio stations continue to be the backbone of many communities. They serve their audiences with programming features like news updates, traffic/weather reports, sports play-by-play, and talk programs. In some municipalities, AM radio stations also cater to a specific immigrant community, reaching their listeners with a specific foreign language or other programming elements like music or sports.” They go on to say, “H.R. 1279, as it is written, would make Daylight Saving Time permanent, thus impacting AM radio stations’ power and, therefore, coverage in the crucial morning drive daypart. This issue would be even more detrimental during the darkest days of November, December, January, and February, when AM stations would not be at full power until at least 8:00 am. From a programming and revenue standpoint, the morning drive daypart is still one of the most significant dayparts on an entire radio station. It’s the daypart that generates the most amount of revenue and is a cornerstone for the rest of the programming day. AM radio is facing a multitude of challenges. Radio, in general, faces constant headwinds from an ever-changing media landscape. This challenge might likely be the death blow to many AM radio stations. I am confident you don’t want to see that happen. Simply put, H.R. 1279 would significantly hinder AM broadcasters nationwide from effectively serving the communities they have been licensed to reach.”

Industry News

Audacy Boosts Coverage Area for Greenville’s News/Talk WYRD-FM

A frequency swap between Audacy’s news/talk WYRD-FM and adult contemporary WSPA-FM on March 28 will give the news/talk outlet substantially better coverage in the Greenville-Spartanburg, South Carolina market. WYRD-FM will rebrand as “News/Talk 98.9 WORD, The Voice of the Carolinas” and enjoy the expanded reach provided by the 100,000-watt Class C signal while WSPA-FM moves to the 25,000-watt Class C3 signal at 106.3 FM. Audacy says the change gives WORD access to a quarter million more adults 35+ from the South Carolina/Georgia border to Asheville, North Carolina, while covering parts of four South Carolina congressional districts and several North Carolina congressional districts. Audacy SVP and market manager for Greenville-Spartanburg Steve Sinicropi comments, “We are committed to delivering quality audio and content with our massive reach to our audiences. There is a tremendous demand for news/talk content in the Greenville-Spartanburg-Anderson-Asheville area. The signal flip allows us to maximize our reach even further across the region and more broadly meet the needs of our listeners and advertisers across the Carolinas.”

Industry News

SiriusXM Cuts Workforce by 8%

News of satellite radio firm SiriusXM cutting 8% of its staff – about 475 jobs – is being widely reported after CEO Jennifer Witz sent a companywide email revealing the company’s plans. In her comments regarding the company’s 2022 fourth quarter and full-year operating results, Witz called 2022 a “strong year,” but added, “In 2023, we expect SiriusXM to deliver strong operating performance and generate significant cash, even as we face a challenging economic environment and continue to make material investments in our technology infrastructure.” Witz adds, “Over the past five years, our business has grown and expanded with the addition of new acquisitions, business lines, and revenue streams. Now, we have completed an assessment of our departments and functions to determine where we can improve collaboration, consolidate teams to achieve greater efficiencies, and ultimately, design an organization structure that is best positioned to achieve our priorities. As a result, nearly every department across SiriusXM will be impacted. We believe the new operational design will allow us to move faster and more effectively as we take on new challenges across our business.” While numerous companies report net losses each quarter, SiriusXM has been reporting net income for some time. The company reported net income of $1.2 billion for 2022, but that was a decline of $100 million from the $1.3 billion in net income it reported for 2021.

Industry News

TALKERS News Notes

Longtime Tampa Bay Rays radio broadcaster Dave Wills died early Sunday morning (3/5) at the age of 58. Wills and Andy Freed have been the radio broadcast team since the 2005 season. Prior to joining the Rays, Wills was part of the Chicago White Sox broadcast team in which he hosted pre- and post-game programs.

— Cumulus Media’s Westwood One continues its presentation of NCAA basketball conference championships this week and into next weekend. Westwood One will also broadcast Selection Sunday, which will reveal the 68-team field for both the men’s and the women’s tournaments. Jason Horowitz will host Selection Sunday coverage with former coach PJ Carlesimo serving as the men’s analyst and Debbie Antonelli as the women’s analyst.

— LiveOne reports that paid memberships for its subsidiaries Slacker Radio and PodcastOne grew by over 587,000 in the past 12 months and over 100,000 in the first two months of calendar 2023. Total members, including paid and ad-sponsored, are now at 2.85 million. LiveOne CEO Rob Ellin comments, “We are thrilled to have exceeded 2 million premium members on our platform, and we owe much of our growth to our B2B content partnerships, such as our longstanding collaboration with Tesla. Our team’s objective is to forge partnerships with similar-minded brands who understand the significance of providing their customers with new and relevant content.”

Industry Views

NAB Out of Step on Non-Competes

By Walter Sabo
Consultant, Sabo Media
A.K.A. Walter Sterling
Radio Host, Sterling on Sunday

It’s tough enough for radio talent to navigate stable careers in these days of consolidated station ownership, personnel cutbacks and drastic salary reductions – but the NAB’s newly stated stance on non-competes adds insult to injury and is out of step with the interests of beleaguered professionals still hanging on for dear life in the programming sector of this industry. I understand that the National Association of Broadcasters is at heart a lobbying group representing the interests of the medium’s ownership but, c’mon – non-competes really are of another era and egregiously unfair.

This week the NAB announced that they were not in favor of the FTC ruling to ban non-compete clauses that prevent radio talent from crossing the street. The FTC is proposing the ban on non-competes for a broad section of industries compelling dozens of industry lobbies to sign a letter to Congress in opposition to the ban.

The lobbyists’ letter says that the FTC’s rule would invalidate millions of contracts around the country that courts, scholars, and economists have found entirely reasonable and beneficial for both businesses and employees. “Accordingly, we ask you (Congress) to exercise your oversight and appropriations authority to closely examine the FTC’s proposed rule-making.”

Government interference with the practices of any industry, especially in the area of freedom of competition, is never a good idea. The NAB and other industries believe banning non-competes constitutes FTC overreach. And that is a solid argument. However, the NAB also suggests that broadcasters present a unique case for non-compete clauses due to the “substantial investments broadcasters make in promoting on-air talent.” That’s where they are grossly behind the times.

Maybe in TV. But it has been decades since any radio company has made any investment in promoting their on-air talent. Do you have a $500 “name” jingle? Where are the billboards? Whatever happened to TV and newspaper ads?

Non-competes are deployed in most industries to protect trade secrets. All of radio’s trade secrets are on the air!

Walter Sabo, consultant, can be contacted at Sabo Media: walter@sabomedia.com. Direct phone: 646-678-1110.  Check out www.waltersterlingshow.com.

Industry News

WBT-AM/FM, Charlotte and Host Brett Winterble Agree to Extension

Urban One’s WBT-AM/FM, Charlotte signs afternoon drive talk host Brett Winterble to a multi-year contract extension. WBT says, “Winterble arrived at WBT in February of 2020 at a critical time in the U.S. The country was in the middle of one of the most news-worthy election cycles in history and the early stages of a global pandemic. His expertise in national and global affairs was immediately recognized and appreciated by the WBT audience, but it was his fair analysis of the day’s news and his whole-hearted support of the Charlotte community in those difficult times that allowed him to become a welcomed part of the lives of the audience.” Winterble comments, “From the moment I walked into the legendary WBT Radio it felt like home. I am so thankful for the welcome and support I received from our clients, listeners, and incredible staff over these past three years. I am truly honored to continue this relationship with the best creators in the business. I am particularly grateful for the support of Urban One/Radio One, and Marsha Landess, Alfred Liggins, David Kantor, Mike Schaefer, and Kraig Kitchin in helping me to realize this professional dream. I can’t wait to see what the future holds for all of us.”

Industry News

Talk Host Mark Kaye Creates Biden “Top Secret” Gag Memo Pads

WOKV-FM, Jacksonville-based talk radio host Mark Kaye is selling notepads that he designed to look like top secret government documents found at President Joe Biden’s home and he says they’ve been “selling like hotcakes and have been found inside the offices of several congressional republicans.” Kaye says, “When we found out Joe Biden was keeping top secret documents in an old cardboard box in his garage, we just couldn’t believe it. I turned to my producer and said, ‘He’s treating them like scrap paper. I bet he uses them to take notes, or write out grocery lists, or doodle!’ That’s how I got the idea for the notepads. Two days later we had a prototype ready to go and began selling them like crazy!”

Pictured above is U.S. Rep. Kat Cammack (R-FL) showing off her note from Kaye and to the right is what the notepads look like.

Industry News

WPHT, Philadelphia Presents Major Live On-Air “Mayoral Showcase”

In what is being described as a first in Philadelphia talk radio, Audacy’s WPHT presented a huge three-hour debate/discussion/showcase on Friday (2/24) involving six Democrats and one Republican running for mayor in the crime-stricken city. Hosted by the widely acknowledged “Dean of Philadelphia Talk Radio,” Dom Giordano, on his 12:00 noon – 3:00 pm radio program and Facebook video stream, the event is receiving praise from all quarters for its thoroughness and even-handedness. It was a historic talk radio feat to organize a live event with such a large number of candidates and particularly with that many Democrats on a conservatively oriented station. Due to the horrific violence in Philadelphia, the main conversations centered on public safety, support for police, and whether to retain the current police commissioner. Station feedback indicated many listeners outside the city limits welcomed the showcase because they acknowledged that crime in Philadelphia is bleeding over into the suburbs and a significant percentage of residents still want to work in and visit Philadelphia. Reflecting on the event, Giordano tells TALKERS, “This presentation required vision from Audacy and WPHT management, trust from the Democratic candidates, the willingness of listeners to analyze which Democrat would be best on public safety, and great dogged producing from Dan Borowski, our amazing executive producer.” 

Pictured above are (from l-r): Giordano, Maria Quinones Sanchez and Derek Green.  Both Sanchez and Green are former city council members who recently resigned to run for mayor.

Industry News

WABC, New York Owner John Catsimatidis Publishes New Book

Billionaire entrepreneur John Catsimatidis, owner and CEO of the Red Apple Group which includes Red Apple Media, WABC Radio, and Red Apple Audio Networks publishes his new book, How Far Do You Want to Go? Lessons from a Common-Sense Billionaire (Matt Holt, 2023), in which he reveals how his instincts and common sense propelled him to massive business success. In the book, Catsimatidis shares his dynamic story, from his beginnings in the grocery business to entering the political arena, including a New York City mayoral campaign. He says, “The American dream doesn’t come with an instruction manual – or even a sign to let you know when you’ve arrived at the finish line. I’m far from finished. Buying WABC and launching Red Apple Media and the Red Apple Audio Networks has been a dream come true. I wrote How Far Do You Want to Go? to help others with an entrepreneurial spirit achieve success.”

Industry News

2023 Black Effect Podcast Festival Scheduled for April 22

Charlamagne Tha God and iHeartMedia announce the 2023 Black Effect Podcast Festival will take place on Saturday, April 22 from 12:00 noon to 8:00 pm ET at Pullman Yards in Atlanta. The festival is designed to “celebrate, uplift and amplify Black voices in the podcast industry.” Charlamagne Tha God will join the festival alongside some of the Black Effect’s most popular personalities for a day full of live podcast tapings and informative discussions aimed at aspiring podcasters in the Black community. The festival will be hosted by Charlamagne Tha God and “Carefully Reckless” host and comedian Jess Hilarious. Charlamagne Tha God says, “In 2023, Black creators are at the forefront of a movement reverberating across today’s cultural landscape, and we’re excited to bring this to life for the community at The Black Effect Podcast Festival in Atlanta this spring. With this festival we want to inspire and uplift new and aspiring podcasters while also showcasing the incredible voices on The Black Effect Podcast Network.”

Industry Views

Monday Memo: 5 Ws + $

By Holland Cooke
Consultant

Joe Pags - Talkers MagazineLocal news sponsorship is an opportunity to “fish for whales,” institutional advertisers who can associate with something special. And, well-done, local news sure is special, because:

New-tech audio competitors don’t do it, and most AM/FM broadcast hours are now robotic.

Newspapers are in a tailspin swapping print dollars for digital dimes; and their – and TV stations’ – websites aren’t as portable as radio.

And it’s easier to add occasions of listening than to extend duration-per. Translation: There’s very little we do can keep someone in a parked car with the key on Accessories.

First things first: Plan NOW for The Big Story. In a recent column here I outlined the “break the glass” plan you should prep.

 As for day-to-day local news:

Who are you talking to? Habitual radio users – especially news/talk – are older-than-younger. Think Baby Boomers (born 1946-1964), who control most retail spending. And report information that matters to people with children of any age living at home (super-spenders) and people driving (what’s happening right now, and what threatens to block their path). Think “car radio” for busy people and you won’t turn-off anyone sitting-stiller.

What: INFLATION, health and safety, “survival information” (weather = news). Jim Farley, my successor managing WTOP, Washington, hung a sign in the newsroom: “WGAS,” his litmus test for relevance, “Who Gives A Shit?”

Where: What’s happening within your signal pattern? And when everyone’s buzzing about a big story elsewhere, localize by asking pertinent sources “if it happened here?” and Man-on-the-Street interviews (local accents) reacting.

When: What JUST happened…what’s happening right NOW…what happens NEXT. When you’re wall-to-wall, do frequent resets, because people believe your promos, and are tuning-in to know. Other times, specific goal: Each newscast sounds different than the last.

Why it matters to your listener: News people I coach will chisel this onto my tombstone: Report consequence, not process. Don’t give me the minutes of the City Council meeting, tell me how what-was-discussed will impact me. Rewrite press releases, which aren’t easy on the ear (“The public is asked…”), tend to be process-laden, and are often self-congratulatory.

Longtime ABC News executive Av Westin, one of two industry icons we lost in 2022: “I believe the audience at dinner time wants to know the answers to three very important questions: Is the world safe? Is my hometown and my home safe? If my wife and children are safe, what has happened in the past 24 hours to make them better off or to amuse them?”

Tips:

— Emulate your network’s writing style.

— HIGHLY recommended reading: “Writing Broadcast News: Shorter, Sharper, Stronger” by Mervin Block.

— Rewrite to favor The Magic Words “you” and “your” and avoid third-person-plural (words like “residents”). Instead of “Business owners interested in applying for these loans should contact…” say “If you’re a business owner…”

— Arrange with a local TV station (“our news partner NBC28”) to use their sound, in exchange for attribution (which will enhance their standing and serve to promote their newscasts).

I am encouraged by how much 2022 work sought me out, asking that I review stations’ local news copy, and work with the local newscasters whose work can habituate listeners and make money.

Make your work count twice.

— When you’re covering a meeting or event, ask people there something else too. “How are YOU feeling inflation?”

— Say WHERE you gathered comments. “We spoke to shoppers leaving Star Market in West Springfield.”

Al Primo, inventor of “Eyewitness News,” who also passed away last year: “People can tell their stories better than we can write them.”

Holland Cooke (HollandCooke.com) is a consultant working at the intersection of broadcasting and the Internet. He is the author of the E-book and FREE on-air radio features Inflation Hacks: Save Those Benjamins;” and “Spot-On: Commercial Copy Points That Earned The Benjamins,” a FREE download; and “Multiply Your Podcast Subscribers, Without Buying Clicks,” available from Talkers books.  Follow HC on Twitter @HollandCooke

Industry News

Multiplatform Star Doctor Asa Debuts as Ringside Physician

TALKERS Heavy Hundred radio personality, Dr. Asa Andrew (known as “Doctor Asa”) founder of the Dr. Asa Network and perennial star of the TALKERS annual convention, is fulfilling a lifelong ambition by entering the world of professional wrestling. From his years as assistant strength and conditioning coach of the national championship Florida State Seminoles football team under legendary coach Bobby Bowden, he developed a passion for sports medicine and athletic performance. An athlete himself, Doctor Asa first entered the space of professional wrestling in 2000 being trained by the WCW Power Plant and the “American Dream” Dusty Rhodes. However, this lasted a short time as life took him into a chance meeting with Dave Ramsey which inspired the launch of his highly successful health talk radio career. But fate has again intervened and Andrew was given a second chance when his old friend WWE Hall of Fame legend “Diamond” Dallas Page challenged him to compete again in the field he worked so hard to enter for years… by getting back in the “squared circle” at age 50. Doctor Asa re-trained this past year with Dusty Rhodes’ son, Cody Rhodes, who is set to go against Roman Reigns for the undisputed WWE Championship at WrestleMania in Hollywood, California on April 1 and 2.  In signing with Impact Wrestling, one of the top three wrestling promotions in America, Doctor Asa has taken on the role as head of medical and sports performance for the company. His new title? “Doctor Asa, Ringside Physician.” TALKERS publisher Michael Harrison, an avid fan of wrestling, boxing and MMA, says, “Don’t be surprised if the doctor in scrubs sitting at ringside doesn’t wind up in the midst of the action should things get out of hand.”

Industry News

San Jose Earthquakes to Air on “810 AM The Spread”

Cumulus Media announces that Major League Soccer’s San Jose Earthquakes matches will air on KGO-AM, San Francisco “810 AM The Spread,” which will serve as the club’s new English-language flagship radio station. Matches were previously aired on sports talk KNBR. The Earthquakes will also continue to be heard in Spanish on “La Kaliente” 1370 AM/KZSF-AM. KGO program director Kevin Graham says, “Cumulus San Francisco is thrilled to continue our partnership with the San Jose Earthquakes for the seventh straight year and broadcast their matches this season on the all-new KGO-AM. With The Spread’s powerful signal and strong digital assets including the station’s app, more Quakes fans in Northern California will be able to listen and engage than ever before.” Ted Ramey – KCBS-AM reporter and host of KGO-AM’s “The Soccer Hour” – will serve as the primary play-by-play voice for home and away broadcasts and Joe Cannon will serve as the color analyst for home matches.

Industry News

Pioneering Media Figure Patricia B. Greenwald Passes at 92

TALKERS has been informed by the family of Patricia B. Greenwald that she died peacefully on February 3 at 92. A pioneer in market research, she had a successful career spanning 50 years with America’s top advertising agencies, including Interpublic Group and DMB&B, as well as founding her own firm. Following her career in advertising, she co-founded and co-owned Daynet Radio Broadcasting in the early 1990s with the late Barry Farber and Alan Colmes. Daynet was one of the early independent networks established in the modern era of talk radio that had a significant influence on the business models of many syndication firms that followed it. Its initial talent roster included Farber, Colmes, Dr. Joy Browne and several other high-profile figures. Greenwald was also a theater producer on and off-Broadway, and owned theaters in New York and London. She was a member of the Lotos ClubHarmonie Club and the Friar’s Club, where she co-founded the “Gift of Laughter” philanthropy for wounded warriors. She was predeceased by her former husband James L. Greenwald, chairman emeritus of Katz Media Group. A memorial service is being planned. In lieu of flowers, please make donations to the ASPCA.

Industry News

Cumulus Media Q4 2022 Revenue Dips; Up 4% for Full Year

Reporting its operating results for the fourth quarter of 2022 and for the full year, Cumulus Media says Q4 net revenue was $251 million, a decline of 0.4% over the same period in 2021. For the full year of 2022, net revenue was $953.5 million, an increase of 4% over all of 2021. While Cumulus reported a small loss for Q4 of 2022 ($54,000), the company is reporting net income of $16.2 million for the full year, a decline of 6% from the full year of 2021. For the full year of 2022, Cumulus’ broadcast radio revenue was basically flat (-0.1%) at $709.6 million and its digital revenue was $142.3 million, an increase of 12.2%. Breaking down the broadcast radio segment, spot revenue was $479.8 million – up 4.9% over 2021 – but network revenue was off 9% for the year at $229.7 million. Cumulus president and CEO Mary G. Berner says, “Despite considerable economic turbulence, we delivered fourth quarter financial performance in the upper half of our guidance range, continuing a multi-year period of significant accomplishments. Operating through a series of difficult macroeconomic environments, including the pandemic, we successfully executed a strategic plan under which we developed and drove new areas of growth, right sized the balance sheet, improved the company’s operating leverage and returned capital to shareholders. As a result, we have delivered consistent revenue growth, built several digital businesses to a $150+ million revenue run-rate, reduced our net leverage to its lowest level in more than a decade, and boosted our liquidity to give ourselves optionality regarding capital allocation.” Looking ahead to 2023, we continue to face substantial economic headwinds. However, our battle-tested skill in performing during challenging times, as well as our very strong financial position, gives us substantial confidence in our ability to not only weather this depressed ad environment but take full advantage of opportunities that may arise over the coming quarters.”

Industry News

TALKERS News Notes

iHeartMedia’s news/talk WIOD, Miami reports that Florida Republican State Senator Blaise Ingoglia wants to designate a stretch of Cortez Boulevard between U.S. 41 and State Road 50 in Brooksville, Florida as “Rush Limbaugh Way.” He’s filed a name change bill for the regular legislative session that would take effect in July if passed.

Audacy, Inc. will report its 2022 fourth quarter financial results on Wednesday, March 15 before markets open. It will host a conference call and webcast at 10:00 am ET that morning to review the results and recent progress against its strategic initiatives.

Townsquare Media, Inc. will release fourth quarter 2022 financial results before the markets open on Thursday, March 9. It will host a conference call to discuss certain fourth quarter 2022 financial results at 8:00 am ET on that day.

SiriusXM announces its annual MLB Network Radio Spring Training Tour begins today (2/23) and run through March 11. SiriusXM says, “MLB Network Radio’s experts and insiders visit each MLB team camp, and Team USA as they prepare for the World Baseball Classic, to give listeners a comprehensive preview of every club. The MLB Network Radio Spring Training Tour will consist of one-hour shows, each dedicated to a single team. SiriusXM’s hosts – many of whom are former general managers or players – will interview players, managers and executives on location at various spring training ballparks and share an inside view of each club in preparation for the upcoming season.”

Industry News

WWO: New Data Shows Sports Listeners More Engaged

In a new blog post from the Cumulus Media | Westwood One Audio Active Group reveals data from new studies of the AM/FM radio audience for play-by-play sports. Westwood One says, “Two new studies reveal while NCAA March Madness games are available both on TV and AM/FM radio, each broadcast has a very different audience profile. The TV audience consists of casual sports fans. The AM/FM radio play-by-play audience is far more passionate and engaged. This distinction has a significant impact on advertising effectiveness.” Highlights of the analysis include: 1) NCAA Basketball AM/FM radio listeners are a desirable group of consumers: They are more likely to work full time and are younger than the average American; 2) The NCAA March Madness AM/FM radio audience is highly engaged with sports: MRI Simmons finds NCAA March Madness AM/FM radio listeners attend many sporting events, seek out sports information on their phones, and are likely to play fantasy sports. The high levels of engagement translate into greater advertising effectiveness; and 3) NCAA March Madness AM/FM radio listeners are likely to make purchases across key consumer categories: AM/FM radio delivers consumers who are likely to buy a new or used vehicle, switch insurance providers, move residence, and refinance their mortgage. See the complete study results here.

Industry News

SiriusXM Names Gail Berger SVP/GM of Automotive Partnerships

SiriusXM promotes Gail Berger to SVP and general manager of automotive partnerships, taking over for the retiring Rodney Pickett. SiriusXM chief commercial officer Joe Verbrugge says, “Gail is a proven leader with extensive relationships and experience in the automotive community and whose programs have delivered significant, positive results for our organization. We are excited for Gail to lead our automotive teams and to continue to drive growth of SiriusXM’s dominant in-car presence.” Berger comments, “SiriusXM’s strong and deep relationships with every major automaker and tens of thousands of dealers and remarketing organizations across the United States are a testament to our team’s talent and capability. I am excited to step into this leadership position and continue to grow our business and deliver the best customer experiences in the vehicle.”

Industry Views

Pending Business: Being Realistic About Podcast Revenue

By Steve Lapa
Lapcom Communications Corp
President

It looks like the podcast business is hitting those ever-present speedbumps.

No, I am not predicting a demise. I’m just asking why there weren’t a few more hardball questions.

If you sell or manage with eyes wide open, you’ve already read what the February 15 New York Times article chronicled. The cutbacks, drops, and hiring freezes hitting the double-digit-growth podcast business has some in the radio business saying, “Told ya so.”

Who has the chutzpah to say that to Tom Brady and Michael Strahan of Religion of Sports, or Michelle Obama of “The Michelle Obama Podcast?” When your bank account is on fumes, you speak the economic truth. The formula of star power driving unique audio content didn’t instantly convert to super-sized audience levels attracting super-sized revenue. What did VOX, Spotify, Amazon, NPR and other well-respected players miss?

— Never assume, (because assuming…) An out-of-the-box assumption listeners would pay for content to create a separate income stream, didn’t really take. Even the most aggressive marketer would think twice before assuming that listeners generating millions of downloads of free podcasts would suddenly pay to listen. Maybe a select few passionate followers would, but could you change the historic perceived value of the masses? When it comes to paywalls for play, be sure to test, adjust, and re-test before you project income.

— Ad sales sell out levels. A typical podcast has about a quarter of the inventory available in a typical hour of most news/talk and sports talk programs. Yet despite podcasts with limited inventory and higher CPM for host-read ads inside the podcasts, the projections from those well-respected companies tanked. The reason is elegantly simple. Too much podcast inventory chasing too few dollars.

— It’s the economy, stupid. Thank you, political strategist James Carville. The story goes the phrase was on a sign in Bill Clinton’s campaign headquarters and helped Clinton beat Geroge Bush in 1992. Did any of the gurus consider the economy?

— Who would have thought print newspaper sales have something in common with podcasts? Did anyone consider the impact of endless ad inventory becoming a commodity despite celebrity content? Never easy to predict which celebs will convert from the big screen or TV to podcast audio.

I had the privilege of producing cast members of Discovery’s “American Chopper” in a 39-episode podcast series. Even those crazy motorcycle dudes were challenged bringing their millions of TV and online fans to the podcast world. Hindsight is 20/20. Let’s never stop learning so we can always aim for higher earnings.

Steve Lapa is the president of Lapcom Communications Corp. based in Palm Beach Gardens, FL. Lapcom is a media sales, marketing, and development consultancy. Contact Steve Lapa via email at: Steve@Lapcomventures.com

Industry News

The Joe Rogan Experience Tops Edison’s 2022 Q4 Podcast Metrics

Edison Research releases the 2022 fourth quarter results of its Edison Podcast Metrics that ranks the most listened-to podcasts in the U.S. Keeping the hold on the #1 spot is “The Joe Rogan Experience.” Podcasts with a commercial radio connection that made the top 50 include The Daily Wire’s “The Ben Shapiro Show” at #6, Cumulus Podcast Network’s “The Dan Bongino Show” at #19, and The Ramsey Network’s “The Ramsey Show” at #22. This latest ranker shows the Top 50 Podcasts based on weekly audience reach and reflects two significant updates to the service. Edison says the sample has been expanded to include weekly podcast listeners age 13-17. This measurement allows podcast producers and networks to understand the teen segment of the Gen Z podcast listeners. The Q4 ranker includes increased sample size implemented last year, which allows for more recency in reporting and robust cuts of data. The latest ranker includes measurement from the previous two quarters with a total sample size of 10,597 weekly podcast listeners age 13+.

Industry News

David Pakman is This Week’s Guest on Harrison Podcast

Progressive talk media host David Pakman is this week’s guest on the award-winning PodcastOne series, “The Michael Harrison Interview.” Pakman is one of the relatively rare breed of progressive talk show hosts currently heard with a modest footprint on commercial radio. But beyond that, he has a significant and growing presence on his own YouTube channel where he has over a million-and-a-half subscribers, a commercially sold-out schedule, and is part of an emerging genre of progressive hosts seen regularly by loyal political talk media consumers. Only 39, Pakman has been a practitioner of progressive talk media since his early 20s. “The David Pakman Show” started in August 2005 as a community radio program called “Midweek Politics” in the basement of WXOJ’s studio in Northampton, Massachusetts. Today, it is a daily internationally syndicated politics and news talk show airing on radio, television, and the internet, as well as on Free Speech TV via DirecTV and DISH Network. Pakman is a naturalized citizen of the United States having moved here with his family at the age of five from Buenos Aires, Argentina. Harrison and Pakman discuss the rewards and challenges – financially and otherwise – of multi-platform digital broadcasting. Listen to the podcast in its entirety here.

Industry Views

Monday Memo: Even a Robot Knows!

By Holland Cooke
Consultant

I asked ChatGPT, “What IS ChatGPT?”

Instant reply: “ChatGPT is a pre-trained language model developed by OpenAI. It uses advanced natural language processing techniques to generate human-like text responses to questions and prompts, based on patterns it learned from a massive amount of text data. It is designed to assist with a wide range of tasks, including answering questions, generating creative writing, and translating text between languages. ChatGPT is built using the GPT (Generative Pre-trained Transformer) architecture, which has been state-of-the-art in many NLP tasks.”

If ever there was an elevator speech that sounded robotic, that’s it. But pick almost any other topic, and – quicker than you’re expecting, ChatGPT scours the Internet – and most of what it spits-back can seem eerily conversational. Including my question about conversation itself: “What DJ or talk show host habits do listeners find most annoying?” Mere moments later…

“Here are some habits that listeners may find annoying in DJs or talk show hosts:

— Interrupting guests or co-hosts: Listening to a conversation that is constantly being cut off can be frustrating for listeners.

— Talking over music: A DJ who talks over the music can detract from the listening experience for music lovers.

— Shouting or excessive enthusiasm: An over-the-top delivery style can come across as insincere or artificial to listeners.

— Unnecessary repetition: Repeating the same jokes, phrases, or segments repeatedly can quickly become tiresome for listeners.

— Lack of preparation: A lack of research or preparation can lead to awkward silences, missed opportunities, or inaccurate information.

— Poor phone manners: Rude or abrupt treatment of callers can be off-putting to listeners and impact the overall tone of the show.

— Ignoring listener feedback: Failing to respond to listener feedback or questions can make listeners feel unvalued and disengaged.

— Being too political: Focusing exclusively on political topics or taking a one-sided approach can alienate listeners with differing opinions.

— Playing too many commercials: Excessive commercial breaks can make the listening experience feel repetitive or disjointed.”

With most AM/FM broadcast hours now automated, syndicated, and voice-tracked, even a robot knows what it takes to keep our fellow humans from wandering-off to less-cluttered music streams and greater topical variety that podcasts offer.

Holland Cooke (HollandCooke.com) is a consultant working at the intersection of broadcasting and the Internet. He is the author of “Multiply Your Podcast Subscribers, Without Buying Clicks,” available from Talkers books; and “Spot-On: Commercial Copy Points That Earned The Benjamins,” a FREE download; and the E-book and FREE on-air radio features Inflation Hacks: Save Those Benjamins.” Follow HC on Twitter @HollandCooke

Industry News

Ruddy Speaks Out as Talk Hosts Support Newsmax Versus DirecTV

TALKERS founder Michael Harrison and Newsmax CEO Christopher Ruddy engaged in a phone conversation this week (2/8) to discuss the bruhaha buzzing through conservative news/talk radio triggered by AT&T’s recent decision to remove the popular conservative channel from its subsidiary, DirecTV. Ruddy, grateful for the support Newsmax is receiving from radio hosts, wanted to speak out directly to the medium further explaining his position. (NOTE: Newsmax also has a footprint in the news/talk radio space as syndicator of the daily Rob Carson midday program.)

Late in January, DirecTV, owned by AT&T, “deplatformed” Newsmax from more than 13 million of its subscriber homes calling it a “business decision.”

News of this stunned Washington, fueling GOP lawmakers with more evidence that big tech media was closing down conservative voices for political reasons.

This was the second time in just the past year AT&T moved to cancel a conservative channel, taking OAN off their platforms last April.

However, Newsmax is not OAN. Newsmax has, in breathtaking time, became the fourth-highest-rated cable news channel reaching 25 million Americans, according to Nielsen.

Major Members of Congress, Senators and newsmakers dot its programming lineup every day. Even First Lady Jill Biden made a prime-time appearance to discuss her cancer initiative last October and former President Donald Trump is a regular participant.

According to Ruddy, “The fact that AT&T was willing to take down Newsmax as Republicans take control of the House was yet another sign for America’s right that ‘wokeness’ remains in high gear.”

This story is continued here.

Features

Ruddy Speaks Out as Talk Hosts Support Newsmax Versus DirecTV

TALKERS founder Michael Harrison and Newsmax CEO Christopher Ruddy engaged in a phone conversation this week (2/8) to discuss the bruhaha buzzing through conservative news/talk radio triggered by AT&T’s recent decision to remove the popular conservative channel from its subsidiary, DirecTV. Ruddy, grateful for the support Newsmax is receiving from radio hosts, wanted to speak out directly to the medium further explaining his position. (NOTE: Newsmax also has a footprint in the news/talk radio space as syndicator of the daily Rob Carson midday program.)

Late in January, DirecTV, owned by AT&T, “deplatformed” Newsmax from more than 13 million of its subscriber homes calling it a “business decision.”

News of this stunned Washington, fueling GOP lawmakers with more evidence that big tech media was closing down conservative voices for political reasons.

This was the second time in just the past year AT&T moved to cancel a conservative channel, taking OAN off their platforms last April.

However, Newsmax is not OAN. Newsmax has, in breathtaking time, became the fourth-highest-rated cable news channel reaching 25 million Americans, according to Nielsen.

Major Members of Congress, Senators and newsmakers dot its programming lineup every day. Even First Lady Jill Biden made a prime-time appearance to discuss her cancer initiative last October and former President Donald Trump is a regular participant.

According to Ruddy, “The fact that AT&T was willing to take down Newsmax as Republicans take control of the House was yet another sign for America’s right that ‘wokeness’ remains in high gear.”

In the conversation, Ruddy described AT&T’s decision a “blatant act of political censorship” and “effort to restrict conservative voices before the ’24 election.”

Here are some takeaways from Chris Ruddy:

Government Collusion

“We know from ‘The Twitter Files,’ that Twitter worked in collusion with federal agencies, including the FBI, to censor and restrict the speech of news media and public figures,” said Ruddy.

“Why,” he asked,” would we not think that was happening” in Newsmax’s case, too?

(During testimony on February 8 before the House Oversight Committee, former Twitter executives admitted they handled the Hunter Biden matter poorly, but also said they were not in contact with government officials over the matter.)

Ruddy points to a 2021 letter penned by Democratic Members of Congress Anna Eshoo and Jerry McNerney, addressed to AT&T’s CEO and other cable operators, clearly aimed at removing OAN, Newsmax and FOX News Channel for spreading “misinformation.”

Harrison asked, “With two channels down, is FOX News a target next?”

Ruddy said it clearly is a target, but that cable operators will have a more difficult time “deplatforming” it.

Cutting Costs

Harrison asked, “When AT&T dropped OAN and Newsmax, didn’t the company say both moves were the result of cost-cutting?”

Ruddy responded that this claim makes no sense when Newsmax is concerned, “because they keep over 100 channels that have far less ratings and are more costly than Newsmax.”

A business approach, he said, would be for DirecTV to remove low-rated channels that are costly, not highly rated channels like Newsmax that are inexpensive.

He said AT&T’s unusual decision to cut Newsmax demonstrates a “political motive.”

Newsmax has produced a chart that shows 22 liberal-leaning news and information channels. Almost all have lower ratings than Newsmax – and all get fees higher than Newsmax was seeking.

Ruddy says Newsmax sought a very modest license fee of $1 per year per subscriber. CNN gets $14 a year from DirecTV. And almost every channel in the top 100 gets a multiple of the $1.

Harrison asked, “So, what’s the problem for DirecTV, which I understand raked in $2.7 billion last year in profits?”

Ruddy’s response: “DirecTV says that Newsmax is simply ineligible for any license fee, not one penny let alone $1.”

And here he seems to make a strong case AT&T is targeting Newsmax – by denying it any fees when almost everyone else gets paid a fee, especially liberal channels.

“AT&T DirecTV is being super clever,” Ruddy explains. “They tell Newsmax they’ll carry us for free, but we can’t get a license fee.”  But, Ruddy adds, “Since all cable agreements, according to industry standards, get the lowest rate, that means all go to zero fees with no license fee for Newsmax.

“Since cable news channels need license fees to operate, DirecTV is effectively putting Newsmax out of business,” he said.

Political Bias

“This claim that Newsmax alone can never get a fee simply doesn’t seem to work for a lot of people in the public as well as Congress,” Ruddy said.

“Many conservative leaders in America – and some fair-minded independents and liberals – have already concluded that AT&T’s motives with Newsmax were largely driven by politics, and not by dollars and cents.”

New House Speaker Kevin McCarthy said he called AT&T and informed the company that “Newsmax should not be treated any differently based upon them being a conservative news outlet.” McCarthy has vowed there will be hearings on the removal of Newsmax.

Even Alan Dershowitz, one of America’s famed liberal lawyers, agrees with McCarthy that Newsmax’s removal doesn’t pass the smell test.

“Clearly, they used economic reasons as a cover for political reasons,” Dershowitz told Newsmax’s Greta Van Susteren last week.

Dershowitz said he believes AT&T’s decision “had elements of partisan and ideological and political bias directed at stations that don’t adhere to the views of the company.”

“Anybody who believes that this was purely an economic decision should buy a bridge in Brooklyn,” he said, adding that A&T DirecTV “ought to reconsider and put Newsmax back on.”

 Fighting Back

When AT&T DirecTV deplatformed OAN, a relatively hard-right channel with a relatively small viewership, it received little attention. But the executives at AT&T may have awoken a sleeping giant by taking on Newsmax.

Newsmax’s reach is extensive, reaching 40 million Americans through online, apps, emails, and a huge social media network – not to mention that its content is highly utilized by many radio talk show hosts and producers.

Ruddy told Harrison, “For a long time Newsmax’s audience has been aligned and interconnected with the talk radio audience. We are seeing tremendous synergies across all media platforms, including talk radio.” Ruddy has been speaking out on this subject on a number of radio talk shows across America.

On the same day of the Ruddy-Harrison conversation, the Newsmax CEO appeared on Mark Simone’s top-rated show on powerhouse WOR in New York to discuss the censorship of his channel. Demand is so great for interviews, Newsmax analysts Dick Morris and Hogan Gidley are also doing interviews about the AT&T matter.

The End Game

Ruddy said he’d like Newsmax to be back on DirecTV. Initially, DirecTV said they had no intention to bring Newsmax back on air. But last week, the company reversed course and said they are open to do so.

However, according to Ruddy, so far DirecTV has not changed their position that Newsmax is not entitled to any license fees.

“We are willing to negotiate but DirecTV has to do so in good faith,” Ruddy said, adding “We’re waiting.”

He said even if Newsmax stays off DirecTV, his media empire will continue to grow.

“This episode has made us stronger and AT&T is a good company for us to build against in the months and years ahead,” he said. “Everyone knows AT&T and they’re not well-liked for engaging in politics, targeting conservatives – and they even owned CNN during its worst years,” Ruddy said.

“We’ve been in business for 25 years and no matter what the controversy, Newsmax has always come out ahead. It will this time too,” he concluded.

After speaking with Ruddy, Harrison stated, “We all know that the First Amendment only applies to government censorship and privately-owned platforms have the right to present or not present whatever opinions conform to their positions. However, when government officials use the influence and prestige of their office to pressure high-level media executives to deplatform legitimate players for obvious political ends – as seems to be the case in this Newsmax scenario – that becomes a major concern for all Americans who value free speech. And even if the government wasn’t involved, massive power requires equal responsibility and even-handedness. Although in many cases the picture remains murky – for the most part, it is clear to me that conservatives claiming an ongoing imbalance of bias against them, by the informationally-vital venues of big tech, have an abundance of growing evidence to support their complaints. And that should be a major worry of all fair-minded Americans trying to negotiate the turbulent waters of this new digital era without losing at least the spirit of the First Amendment let alone the letter of the law.”