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What Happened to the First Amendment
KEY POINTS
» The Founders understood the centrality of information to democracy and democratic theory: that to have a healthy democracy, you have to have a healthy, independent, and vibrant journalism to check power and the status quo in the public interest.
» No freedom of speech and the press and no informed public – no meaningful democracy.
» Journalism in a democracy has three basic and necessary functions: 1) to provide an accounting of people in power and those with designs on power; 2) to provide and ensure a diversity of opinions on important issues so that citizens can form their own opinions; and 3) to check facts, assure for accuracy, and point out lies.
» These basic functions have been undermined with the slow erosion of the necessary border between the work of editors and reporters on one side, and the interests of owners and advertisers on the other.
» The result is a fundamental clash between the commercial base of media, and the basic responsibilities of professional journalism – as autonomous, independent journalism no longer makes fiscal sense given the pressure commercial news organizations face to maximize profits.
» The Constitutional First Amendment guarantee of free speech and a free press has been fundamentally compromised, as news media have become the province of big corporations and wealthy owners in increasingly monopolistic markets.
» The First Amendment was formulated as a social right: the right of citizens to have access to a free press.
» This principle has been eroded by a series of court decisions that have interpreted the First Amendment on behalf of corporate "speech" – in this view, the right of owners and investors to control journalism without interference trumps the right of journalists and editors to do what they want without interference.
QUESTIONS FOR DISCUSSION & WRITING
1.
What is the role of information – and therefore journalism – in a democracy? In your view, can a democracy exist when the central means of communication are owned by a handful of corporations that control the flow of information and viewpoints?2. What’s the difference, in your view, between the traditionally conservative argument that totalitarian control of the airwaves by the government poses a fundamental danger to democracy – and the argument McChesney makes that the total control of the airwaves by a few corporations does precisely the same thing?
3. Is there anything in McChesney’s critique of corporate dominance of the airwaves that implies he supportsgovernment dominance? What distinction do you think he would make between totalitarian control of the media – whether by government or corporations – and the democratization of the airwaves? Be sure to be specifichere to back up your point of view.
4. According to McChesney, what are the three basic functions of journalism in a democracy?
5. How and why have these functions been eroded? Why does McChesney say it no longer makes sense to cultivate and pursue the traditional democratic goals of professional journalism? And what evidence can you cite from your own experience of media to support or refute McChesney’s claim?
6. In what specific ways does the commercial nature of media clash with the ideals of professional journalism?
7. What is McChesney’s interpretation of the First Amendment? How does it differ from the interpretation handed down by the courts over the past few years?
8. Do you feel that what courts have called "corporate speech" is more important to protect and guarantee thanthe free speech rights of people? How do the two differ?
9. When might protecting one of these two kinds of speech infringe on the rights of the other kind – and where would you draw the line? As you think about this, be sure to consider the specifically democraticmotives behind the Constitution and the First Amendment.
ASSIGNMENTS
1.
Do some research into how the commercial nature of media might shape how mainstream media cover – orfail to cover – certain issues.The website for the media watchdog group FAIR (Fairness and Accuracy in Reporting) features a collection of articles (www.fair.org/media-woes/advertiser.html) examining this phenomenon.Prepare a written report – or a presentation – on this topic with examples from some of these articles, and fromyour own analysis of news coverage.
2. Do some research into the First Amendment and how it has been interpreted in ways that have benefited corporate media consolidation and what has been called "corporate speech". Then prepare a paper or ap resentation in response to this question: Is corporate speech free speech?
A good place to start researching is the website of Free Press (www.mediareform.net). See especially thesection "Judicial Front," featuring links to the following sections:
a.
Corporate Reform (www.mediareform.net/issue.php?id=anticorporate)b.
First Amendment (www.mediareform.net/issue.php?id=firstamendment)c.
Legal Challenges (www.mediareform.net/issue.php?id=legal).