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Saving the News - Why the Constitution Calls for Government Action to Preserve Freedom of Speech (Hardcover)
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Saving the News - Why the Constitution Calls for Government Action to Preserve Freedom of Speech (Hardcover)
Series: Inalienable Rights
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A detailed argument of how our government has interfered in the
direction of America's media landscape that traces major
transformations in media since the printing press and charts a path
for reform. In The Changing Ecosystem of the News, Martha Minow
takes stock of the new media landscape. She focuses on the extent
to which our constitutional system is to blame for the current
parlous state of affairs and on our government's responsibilities
for alleviating the problem. As Minow shows, the First Amendment of
the US Constitution assumes the existence and durability of a
private industry. Although the First Amendment does not govern the
conduct of entirely private enterprises, nothing in the
Constitution forecloses government action to regulate concentrated
economic power, to require disclosure of who is financing
communications, or to support news initiatives where there are
market failures. Moreover, the federal government has contributed
financial resources, laws, and regulations to develop and shape
media in the United States. Thus, Minow argues that the
transformation of media from printing presses to the internet was
shaped by deliberate government policies that influenced the
direction of private enterprise. In short, the government has
crafted the direction and contours of America's media ecosystem.
Building upon this basic argument, Minow outlines an array of
reforms, including a new fairness doctrine, regulating digital
platforms as public utilities, using antitrust authority to
regulate the media, policing fraud, and more robust funding of
public media. As she stresses, such reforms are not merely
plausible ideas; they are the kinds of initiatives needed if the
First Amendment guarantee of freedom of the press continues to hold
meaning in the twenty-first century.
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