The Audience Reflected in the Medium of Law: A Critique of the Political Economy of Speech Rights in the United States (original) (raw)

Beyond Freedom of Speech and the Public Interest: The Relevance of Critical Legal Studies to Communications Policy

Journal of Communication, 1990

Critical Legal Studies is a new current in contemporary legal theory. This essay explores the implications of CLS for the study of communications policy (6, 22, 24, 45, 46).'The essay begins with some key CLS concepts and their implications for general discussions of freedom of speech and the public interest. It then illustrates those concepts by applying them to the conflict between broadcasters' and citizens' free speech rights as expressed in the contemporary Fairness Doctrine debate. The second half of the essay discusses CLS's ...

Media Policy and Free Speech: The First Amendment at War with Itself

Two principal pillars of media policy are communications and copyright law. In each discipline, there are pluralists who seek greater public access to the means of communications (communications policy pluralists) and communicative content (copyright pluralists). Historically, communications policy pluralists have sought government interventions in the marketplace in order to increase access to mass communications. Copyright pluralists, by contrast, have fought against regulatory interventions they argue unduly strengthen the rights of copyright holders to deny access to content. In pursuing these strategies, the pluralists have used First Amendment arguments that are in tension with each other and ultimately unavailing in the courts. These arguments, drawing on the rhetoric of free speech rights and values, shortchange the complexity of free speech interests at stake when the government reallocates speech opportunities. This article argues that only by abandoning traditional First ...

MEDIA AND THE PUBLIC SPHERE - FALL 2016 - CU/SCHOOL OF JOURNALISM AND COMMUNICATION STUDIES

Scope of the Course: The effects of media on the social, economic, political and cultural spheres of life have been increasing significantly since the nineteenth century. In fact, there is a curious overlap between the transformation of the public sphere and the rise of mass media. This course will examine the points of juncture between the public sphere and mass media at the intersection of capitalism, liberal democracy and patriarchy. More specifically, this course will investigate the concepts of the public and the private; the social and the intimate as well as the relationship between public morality, private morality and media; the 'public,' 'publicness' and communications; alternative publics and alternative media through the lenses of different theories of the public sphere. In this course, we will read The main questions this course will ask are: 1) What are the junction points between history and theory in the transformation of the public sphere and the rise of the mass media? 2) What are the (non-)normative implications of different theories of the public sphere on the understanding of media? 3) How can one conceptualize alternative mass media and social media in terms of public-private distinction? 4) What is the significance of public sphere in the mediation of human communication? Why? At the end of the term the students will have accumulated knowledge of the theories of public sphere with a historical perspective; acquired theoretical and methodological knowledge, which are required to assess the effect of the mass media in the construction, narrowing down, extension and transformation of the public sphere; and developed a critical perspective on the function of the mass media in the transformation of the distinction between the public and the private in late-capitalist societies. The course also aims to investigate the possibilities for revealing the immediacy of the connections between the " theoretical " and everyday experiences through communication. In this respect, the course will also offer a venue for a collaborative autoethnographic preliminary study that involves cooperative research agendas of the students and the lecturer. The collaborative study, which will center on the question of the differentiations in the way audience/readers understand and communicate through the public-private distinctions will evolve through three lines: 1. The students' and lecturer's daily notes about the weekly discussions on the theoretical approaches, covered in the course with a view to a. their daily experiences b. which media they use most frequently in conveying these experiences and how; 2. The students' and lecturer's interactive readings of and notes on the three films that will be watched throughout Fall 2016; 3. Discussions on cross-cutting reflections of ethnicity, gender, class and age on the way our subjective and cooperative readings on the public-private distinctions.

Democracy and the Mass Media

The Philosophical Quarterly, 1992

These two books make important contributions to our understanding of communication and the political process in the United States. They are related in ways that I shall discuss. The Lichtenberg book consists of essays that, in the main, dissect the justifications, costs, risks, and benefits of regulating the mass media while adhering to the spirit of the First Amendment. For policy analysts, the book's most useful contribution may lie in its critiques of the position that has recently dominated deliberations at the Federal Communications Commission (FCC), and indeed, most analytical discourse. This stance holds that the primary meaning of the First Amendment, and the best way to promote its values, is maximizing media owners' rights to expression unimpeded by government. The now-dominant view subsumes other interpretations of First Amendment goals in its determination to shield the owner from governmental intrusions; the role for government is to encourage competitive communication markets. Competition will yield the optimum flow of diverse ideas-or at least it is more likely to than any regulatory scheme. The majority of essays either defend or question this orientation. The defenders, all of whom also offer partial dissents, include Stephen Holmes, David Kelley and Roger Donway, and Henry Geller. They illuminate the dominant stance with a depth and subtlety rarely found in the testimony, filings, reports, and decisions that comprise analytical discussion at the FCC, courts, and Congress. Those who compellingly question the dominant interpretation are Judith Lichtenberg, Owen Fiss, T. M. Scanlon, and Lee Bollinger. A few of the authors offer more general but insightful discussions of current media practices and their influence on democracy. In this category are the essays of

Freedom of speech in media communication. The censorship and politicisation of media institutions

Diversitate si Identitate Culturala in Europa, 2018

Starting from the classic ethical problems and reviewing the modern regulated ethical norms regarding freedom of speech and its limitations in media communication, the current paper aims to verify the following hypotheses in media communication: (1) Alerting European Court of Human Rights (ECHR) of the infringement on freedom of speech entails a positive response for journalists who fight for this right, (2) Press censorship is the result of editorial policy and the political orientation of the press, which can generate mass resignations of journalists, (3) The more politicised the media institutions, the more limited the right to freedom of speech is for journalists.

Media Cognizatti: Critical Frames for Free Speech and New Interpretations

2018

The First Amendment creates a space where new readings in media (new knowledge and understanding) can be assessed through qualitative research and content analysis of contentious topics found in liminal zones. The truth (critical thinking) needs to be born in this arena and vetted through this adversarial process. Speech should never be suppressed. Without total freedom of speech, many truths are restricted, hidden, considered subversive, pushed into the dark corners of the internet, or lost to history. At a time when people are actively calling for colleges and governments to restrict and censor speech, it is not surprising that many people get their information from sources once considered to be on the fringe of society, and they are using technology as their guide to reach it. This study comprises research into transgressive literature in chapter one, the male gaze in film in chapter two, class warfare in chapter three, suicide in chapter four, censorship in chapter five, monster...