First Amendment Considerations

• The First Amendment reads, in pertinent part, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press." However, the freedom of the press is not absolute: Newspapers cannot publish certain information deemed classified by the executive branch, such as intelligence information. Newspapers also cannot violate laws against incitement to riot. They must carefully observe libel laws to avoid exposing themselves to lawsuits. Newspapers do not have an exemption from liability for damages they may cause due to defamation, slander or libel.
  
  

Business Considerations

• Commercial newspapers survive by selling subscriptions, advertising or a combination of both. If you do choose to raise money and attempt to make a profit by publishing a newspaper, you must obtain a business license. This step also generally registers you with state revenue collection officials. You must comply with tax laws in your jurisdiction, and you may have to pay payroll taxes, sales taxes and income taxes on any profits you generate.
  
  

Logistics Considerations

• Newspapers must be distributed. Unless you choose to distribute exclusively on foot, by mail or online, you will need to use motor transportation to get your newspaper out. This means you need to ensure that your drivers have valid commercial driver's licenses. If you own your own building or print facilities and your facility has a boiler, you will need to get your boiler inspected.
  
  

Controversy

• In recent years, some politicians have advanced the notion of licensing journalists. Their argument is that journalists have a special obligation to the public trust and that the states already license doctors, attorneys and other professionals. Civil libertarians counter that the freedom of expression is an inalienable right and that attempting to license the practice would lead to the restriction of that right.