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Freedom of speech, mass media, and debate

Academic Papers, Writing, , , , , , , , , , ,

A response to Taking Sides – Clashing Views in Mass Media and Society – Issue 8

In the affirmative argument, Kathleen Jamieson argues that the First Amendment has protected the media and allowed it to cover many sides of issues, even sides the government might want to suppress.  In the negative response, Thomas Patterson says the mainstream press hasn’t fought for its own freedom, routinely excludes unpopular opinions, and is more concerned with dollars than debate.

Jamieson thinks the press has the freedom and contains the robust debate the framers intended when they wrote the Bill of Rights.  She cites the case law progressively strengthening this right and also the development of broadcast law, which has as its heart a notion of opening discussion for the public good.  Watergate and the Pentagon Papers provide two good examples of the press using this power to defend citizens against the government.  Political speech that offends and may even seem irrational today is protected as vigorously as the political speech of the part in power.  And voters today are exposed to many different sides-everyone from Marxists to Buddhists to Bill Clinton in the 1992 primaries, for example.  The development of technologies has broadened communication and debate as well.

Patterson says Watergate and the Pentagon Papers are an oasis in a desert of mundane mainstream press practices.  The mainstream press has not been the driving party in many First Amendment cases, and has been played like a fiddle by people like McCarthy.  The press control the government orchestrated in the Persian Gulf War is a good example of the media’s willingness to be controlled; only the alternative press protested.  Patterson argues that individual publications and broadcasters have displayed little interest in public debate and more in being able to exclude opinions they don’t like.  And finally, he says the press is more interested in making money than anything else.  Television and competition for customers have dumbed down news more than opened debate.

What interests me about these articles is how both look at the same case law and come to different conclusions.  Jamieson sees Miami Herald v. Tornillo as the court defending the press’ right to refuse to publish even if it’s in the state’s interest.  Patterson sees the same case as strike against hearing all sides in a political debate.  Jamieson sees the series of cases defining the First Amendment as the government’s (or at least, the court’s) struggle to guarantee free expression; Patterson says the mainstream press are rarely the ones fighting for the freedoms they enjoy.  Patterson’s point is interesting and I wish someone had thought of it while I was in media law class.  Why is it that the mainstream press has not been on the front lines of its own freedom?

I think Patterson’s final point, about commercialism over communication, deserves its own chapter.  Giant corporations and profit-minded individual ownership of mass media helps narrow the marketplace of ideas in key ways.  I’m going to make this point in my paper, too, because I think Internet news may be even more apt for this-most people get news on the internet from companies that have never had anything to do with news (Microsoft, AOL, Netscape).  Though they outsource to more traditional providers (AP, Reuters, etc) they’ll happily go with the lowest bidder and have no sense of journalistic mission whatsoever.

Media independence, corporate control, and democracy

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A response to Mass Media and Society (James Curran and Michael Gurevitch), Chapter 6

In “Rethinking Media and Democracy” James Curran discards the accepted view of the media’s role in democracy and shows that corporate control may be worse for the people than government control.  Historically, the media is seen as a check on government that must be independent-meaning it must reside in the free market.  Curran says this arrangement has failed the people in several ways.

Curran gives three standard arguments for media independent of government: first, to act as a watchdog; second, as a way to facilitate idea exchange and debate; and third, so that they may act as the voice of the people more.  He says all three arguments are flawed by real-world conditions and corporate ownership.  First off, the media rarely even schedule watchdog-type news anymore-most mass media effort today is entertainment.  And the government is no longer the only large, faceless entity that the people need a watchdog for.  Giant corporations, the same ones that own the bulk of the mass media, today have more power than some governments, yet the classical argument doesn’t mention them.  Furthermore, there are many examples of the mass media working with or for the government even if they are independently owned, simply because it is in their best economic interest.  Curran does allow that loss of credibility and professional ethics counter these arguments to some degree, but not enough to overpower his concern.

Curran rejects the marketplace of ideas theory largely because the free market has led to multi-billion dollar media mergers, large percentages of market share for a small number of companies, and a high cost to enter the marketplace in any meaningful manner.  Second, the mass market demands more entertaining, less informative content; third, the market lead to information-rich media for elite and info-poor media for the mass market; and fourth, it leads to simplified news rather than process-type news.

The mass media also do not really act as a voice of the people.  Curran thinks the free market is fundamentally flawed in this regard-public participation in the media is passive, in terms of buying what they like, rather than an active voice in most cases.  Even new communication technologies, he says, which may seem to give people more of a voice, have been reigned in by deregulation-inspired mergers.

I agree with many of the problems with the standard idea of the purpose of the media in a democratic society he has brought up.  I think it’s especially important that the people have a watchdog for large corporations now when so many of them are beyond any real government or market control.  Except for a few cases (like Disney losing business if people find out they use sweatshop labor) corporations are free to do anything they wish that may effect individuals adversely with little accountability.  The government, on the other hand, has to seek approval from the public every few years through election.  It is relatively easy to find out what’s going on in the government when compared to the private sector, yet corporations control what you eat, breathe, and read every day.

He is also right that the mass media, as a whole, is moving towards more entertainment and less information, especially on public policy.  That’s because people buy it.  Why do you think political candidates with obviously no command of the issues can beat out those who are well-informed?  People don’t like to hear about fiscal policy, but they do like hearing about “uniters, not dividers” and “family values.”  Curran mentions the growth of purely-informational media and specialized media as a wedge between the elites and the general public but I think he’s missing the point.  In the U.S., at least, nothing is stopping 99 percent of the general public from accessing the elite, actually informative media except preference.  Almost everyone can afford a New York Times once and a while and everyone can afford The Other Paper and Columbus Alive (which are more investigative than the Dispatch) or go to a public library and surf the web for free.  No matter what structure the media takes, the bottom line is you can’t force people to pay attention to important things they aren’t interested in.  If 99 channels are public interest, civic organizations, truth-seeking investigation, etc. and one channel has Who Wants To Be A Millionaire and Entertainment Tonight, will people be any better informed than they are today?  That is the main flaw in Curran’s whole essay-even taking the market out of the picture and all the ways in which it limits public information and debate, he still gives people the right to choose what they view and read and therefore leaves it up to them, essentially no better than the free market.  All of the flaws of the free market he cited would be erased immediately if the public demanded it.  But they don’t.

The development of the Internet is a good illustration.  On the surface it seems to prove Curran’s point-when it began, many people saw it as this perfect marketplace of ideas, yet now much of it is controlled by a few companies (who are buying up competitors as they are created).  Curran’s criticisms seem to hold.  However, the market is not to blame here-the cost of publishing on the net is insignificant and no site has to aim at the whole market and therefor dumb-down it’s content.  But, as more of the general public has gone online, the explosive growth has been channeled toward Microsoft Network, AOL, Yahoo, and a few others, because most people are more comfortable being spoonfed more of the same kinds of things they’ve already been exposed to.  It does not take much time or know-how to find much better, deeper, faster, etc. info on the net, but the majority of users now would rather just click on the first thing they see, which is determined by a merger between AOL and Bugs Bunny, even if John Doe’s independent cartoon studio is twice as funny and only five clicks away.

Debating media concentration and control

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A response to Taking Sides – Clashing Views in Mass Media and Society – Issue 14

In the first article presented, The Media Monopoly and Other Myths, Noam and Freeman argue that concentration of ownership in the mass media is, when looked at statistically, actually decreasing and not a large problem.  The real concerns they see include local media ownership concentration and possibly Microsoft.  In The Realities of Media Concentration and Control, Bagdikian disagrees with their statistical methods, saying they have disregarded the context of the numbers-does it matter if GE or Rupert Murdoch have smaller pieces of the pie if they are now better able to get what they want?

Noam and Freeman cite a number of statistics in their argument.  For example, the total share of the top 10 U.S. companies in the information industry was 59 percent in 1987 but only 39 percent in 1997.  They also examined the top four firms in a number of individual industries and found the telecom, computer hardware and software, TV networks, and cable industries to be losing concentration.  Also, the information industry and mass media are below the concentration danger zone according to Justice Department measures.

Bagdikian, however, questions both their methods and their approach.  For one thing, he doesn’t believe computer hardware should be included in the study any more than print press manufacturers, because the dilemma lies in controlling content, not production methods.  He disagrees with the statistical approach because it does not include the real conditions companies operate with; GE owns NBC among other media outlets, and may choose to use either it’s manufacturing-based economic power to get what it wants or its mass media power or both.  Bagdikian also disagrees that new technologies like the Internet will necessarily mean more competition and feels their view of market forces are naïve.

I tend to agree more with Bagdikian than Noam and Freeman.  I do think that large media groups and media-and-industrial conglomerates have a lot more power to control what gets out to the public in what form than Noam and Freeman think possible.  Bagdikian is right about most companies not selling important properties to competitors and using their clout in one industry to get what they want in another or get laws made or bent in their favor.  Bagdikian also was correct about the Internet not solving the problem.  Although there is still a large amount of competition on the edges, the large players in the net (like Microsoft and AOL) have already emerged and dominate.

On the other hand, I can’t totally dismiss the use of statistical methods as Bagdikian does.  Noam and Freeman’s statistics were not precise enough to prove their position, but if a more detailed and narrowed analysis were made they could derive important points which could then be put into context.