News Production and Distribution in the United States: Private Industry and Government Contributions

Chapter 2 anticipates objections to government involvement in news media by tracing the long-standing historical involvement of the federal government in enabling and shaping the development of the modern news media. Although private sector companies and investments have played a central role in the development of media news, for most of American history governmental involvement has been integral to the structure, financing, and effectiveness of the news industry while advancing free expression of ideas. The historic governmental actions shaping the news industry contradict the libertarian conception of the First Amendment that has grown in influence during the past several decades, a conception putting into jeopardy government actions to address the failing news industry.

Introduction

As traditional for-profit news media in the United States decline in economic viability and sheer numbers of outlets and staff, what does and what should the constitutional guarantee of freedom of the press mean? The book examines the current news ecosystem in the United States and chronicles historical developments in government involvement in shaping the industry. It argues that initiatives by the government and by private sector actors are not only permitted but called for as transformations in technology, economics, and communications jeopardize the production and distribution of and trust in news and the very existence of local news reporting. It presents twelve proposals for change to help preserve the free press essential to our democratic society.

Does the First Amendment Forbid, Permit, or Require Government Support of News Industries?

Chapter 3 explores the First Amendment implications of government support of the news industry. It challenges the assumption that the Constitution bars any governmental role in the news media by analyzing First Amendment decisions by courts and legislatures, including historical shifts in First Amendment interpretations. The analysis identifies a range of constitutionally permissible tools for government actions to strengthen or save news industries and advances a positive conception of First Amendment rights that both sanctions and motivates new approaches to sustain the free press. First Amendment values strongly support government action to protect the generation, production, and distribution of news.

Coda

Chapter 5 concludes with a call to action to fix the crisis in the news media. The First Amendment’s guarantee of free speech and free press presupposes the existence of an independent press. That predicate is now in jeopardy. Changes in the news industry threaten the project of democracy and obligate the government to act. The First Amendment is not a barrier but instead a basis for such action.

News Deserts, Echo Chambers, Algorithmic Editors, and the Siren Call of Revenues

Chapter 1 traces monumental shifts in the news industry and in the communications technologies and companies that have brought about a new ecosystem of news. Failing business models for newspapers, changes in media ownership, and the rise of digital platforms have all drawn viewership or financial support away from legacy media—and local news in particular. The effects signify nothing short of a crisis in journalism, characterized by growing news deserts, the development of echo chambers, and concentrated media ownership. These shifts in the news ecosystem affect not only individuals and communities but also the very workings of the American system of government: They threaten the critical role of the press in American democracy—the only private industry expected and relied upon by the nation’s founders.

Constitutionally Inflected Reforms

Chapter 4 identifies twelve proposals with the potential to help address the current crisis in the news industry. The proposals are not barred by the First Amendment and help advance its guarantees of free expression and press. While no single reform will fix the decline of news industries, these responses could help. Absent a range of new efforts, access to information, checks on falsehoods, government accountability, and the ability of journalism to expose corruption and other abuses of power all remain in severe jeopardy.