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Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech

by Martha Minow

A constitutional case for public action in the modern media system

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Hardcover New English

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AlbakiReads Editorial

A constitutional case for public action in the modern media system

Martha Minow examines U.S. media history—from the printing press to digital platforms—to argue that government policy has long helped shape the conditions in which private news enterprises operate. Centering the First Amendment’s relationship to a durable press, the book considers concentrated economic power, transparency around communication funding, and the consequences of market failures in news. Minow’s proposed responses include a renewed fairness doctrine, antitrust enforcement, public-utility-style regulation for digital platforms, fraud enforcement, and stronger support for public media. The book frames these measures as part of an ongoing constitutional debate over how freedom of the press can retain practical force in a changed media environment.

Good fit for readers who enjoy

  • Readers interested in First Amendment and constitutional law debates
  • Those studying media policy, journalism, or digital-platform regulation
  • Readers seeking arguments about government’s role in sustaining news institutions

Themes

Freedom of the pressFirst AmendmentMedia policyDigital platformsPublic media

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Book overview

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.
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