Saving the news : why the Constitution calls for government action to preserve freedom of speech

## Abstract This book argues that US democracy presumes a news industry but that industry currently is failing. It focuses on the contributions of digital platforms and legal rules to the current situation and on the government's responsibilities for alleviating the problem. As the book shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Despite some concerns that government action now is not permitted, 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 always been involved in shaping the media environment; it has contributed financial resources, laws, and regulations to develop and shape media in the United States. The government has subsidized development of the internet and crafted legal immunities for digital platforms; the government has crafted the direction and contours of America's media ecosystem. The shift of people’s attention to media platforms that borrow news stories without paying for them and spread misinformation jeopardizes journalism, reliable news sources, and the very respect for truth-telling. To maintain government accountability and inform a public as required in a democracy, The book 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 the text 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. 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 Saving 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. "As traditional for-profit news media in the United States declines in economic viability and sheer numbers of outlets and staff, what does and what should the constitutional guarantee of freedom of the press mean? The book examines the current news ecosystem in the U.S. and chronicles historical developments in government involvement in shaping the industry. It argues that initiatives by the government and by private-sector actors are not only permitted but called for as transformations in technology, economics, and communications jeopardize the production and distribution of and trust in news and the very existence of local news reporting. It presents ten proposals for change to help preserve the free press essential to our democratic society"-- Provided by publisher cover 1 Series 5 Saving the News 8 Copyright 9 Dedication 10 Contents 12 Preface by Newton Minow 14 Introduction: Jeopardy to News Production and Challenges for Constitutional Democracy 20 1. News Deserts, Echo Chambers, Algorithmic Editors, and the Siren Call of Revenues 29 2. News Production and Distribution in the United States: Private Industry and Government Contributions 55 3. Does the First Amendment Forbid, Permit, or Require Government Support of News Industries? 77 4. Constitutionally Inflected Reforms 120 5. Coda 164 Acknowledgments 168 Notes 174 Index 244