How far can Gov’t and the Media go?

1 st Amendment: Press: There is no gov’t censorship (prior restraint) on articles published in the news. Gives writer and editors plenty of room to publish. Issues: Libel: Malicious and false information printed. Tough to win cases for those injured, high court costs and can backfire on writer.

The Right to Access Information Court has ruled that no special privileges will be given to the media to uncover stories. Right to Protect Your Sources Think Watergate, people willing to provide info. but want no claim or fame for it.

Protect sources from being called to appear in front of a judge Example: Game of Shadows- Barry Bonds, leaked grand testimony required outing of sources

Less room for details in radio and TV Sound bites for nightly news Americans would rather watch something else so news coverage tends to be small President is consistently only figure to get lots of media coverage.

First major law on broadcast Created the FCC (Federal Communication Commission) Regulation of telephones and radio – later TV

Federal Communications Commission Gov’t agency created to regulate radio and television. It does not necessarily regulate shows on content by censoring it, instead it will fine the company who aired the show. Examples: Howard Stern and Jackson & Timberlake wardrobe malfunction.

Reporters use this to get information for stories Americans have the right to access records about themselves and family held by government Military records on circumstances on death of a family member who was a soldier EPA records on pollution monitoring of companies Some requests can’t be given for national safety interests Revised in 1996 for information age – much can be accessed/requested online

First major law on media since 1930’s Shows now have to have a audience rating. Example: TV Ratings- G- general audience, M-Mature Created large media companies due to changes in media ownership regulation (about 5 major broadcasting companies exist now) Media companies used to have limits on how many companies they were allowed to own per market area. Now media companies can own a larger share locally and nationally which led to bigger companies/less competition aka - monopolies

Local newspapers bought up by larger companies after the changes from this act Example – Times Herald, Pottstown Mercury, Lansdale Reporter are all owned by the Journal Register Company News becomes homogenized with little local differences or control – a very top- down approach Clear Channel own over 1,200 radio licenses across the country

Tried to regulate obscenity on the Internet but Supreme Court ruled parts of the law unconstitutional in Reno v ACLU Related Supreme Court Case – Miller v California – local standards determine what is obscene; hard to determine “local” aspect on the Internet

Ted Turner (Former head of Time Warner) Rupert Murdoch (News Corporation)

Commercially driven, ultra-powerful mass market media is primarily loyal to sponsors, i.e. advertisers and government rather than to the public interest or readers. For the general public, there are less diverse opinions and voices available in the media. Healthy, market-based competition is absent, leading to slower innovation and increased prices. “canned news” by large broadcast companies that own broadcast rights across the country

No licenses needed Least competitive/less gov’t regulation Most daily papers (80%) are owned by a few large media conglomerates (Garnet, McClatchy, and Tribune Company) Readership is growing smaller Prior restraint only for special circumstances New York Times v Nixon (unsuccessful attempt at prior restraint by government) False and obscene information, as well as incitement can be prosecuted after publication For cases with famous people you also have to prove malicious intent not just false information

Need license from government to operate Deregulation of businesses has allowed about 5 major companies to control broadcasting. Content Regulations Rules for language, nudity, etc. Late night allows more – safe harbor rule. Stations must have programs to benefit the public community. Sundays often used for this.

Spreading the wealth of ownership in a single market is pursued. Limitations on how many radio stations one company can have in a market. Also limitations on T.V. and Print media existed to promote multiple views and diverse ideas in public.

Very few limitations on what reporters can do except when in combat, they cannot announce their position or where they were headed. Example: Oops- Geraldo Rivera- Iraq Primarily they used cell phones and broadcasting via satellite to report the war effort, often putting their lives at risk.

Where would you draw the line on the following issues: Should government be able to regulate what is shown on TV or said on the radio? Should government be able to regulate what is shown on TV or said on the radio? What can be shown on T.V.? What can be said on T.V. & Radio? How much access would you grant the media in a war zone? Where does National Security begin?