Book contents
- Constitutionalism and a Right to Effective Government?
- Comparative Constitutional Law and Policy
- Constitutionalism and a Right to Effective Government?
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Acknowledgments
- Part I Introduction
- Part II What Are Constitutions For?
- Part III Positive Rights and Rights to Effective Self-Government
- 6 Post-Liberal Constitutionalism and the Right to Effective Government
- 7 Does the First Amendment Forbid, Permit, or Require Government Support of News Industries?
- 8 The “Right to Effective Governance” and the Human Rights Baseline
- Part IV The Role of Courts in Building State Capacity and Promoting Effective Self-Government While Protecting Rights
- Part V Executive and Administrative Constitutionalism in Effective Democratic Government
- Part VI Legislatures, Representation, and Duties of Effective Self-Government
- Part VII Politics, Sociology, Media, and Corruption as Contexts for Constitutionalism and Governance
- Index
7 - Does the First Amendment Forbid, Permit, or Require Government Support of News Industries?
from Part III - Positive Rights and Rights to Effective Self-Government
Published online by Cambridge University Press: 20 October 2022
- Constitutionalism and a Right to Effective Government?
- Comparative Constitutional Law and Policy
- Constitutionalism and a Right to Effective Government?
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Acknowledgments
- Part I Introduction
- Part II What Are Constitutions For?
- Part III Positive Rights and Rights to Effective Self-Government
- 6 Post-Liberal Constitutionalism and the Right to Effective Government
- 7 Does the First Amendment Forbid, Permit, or Require Government Support of News Industries?
- 8 The “Right to Effective Governance” and the Human Rights Baseline
- Part IV The Role of Courts in Building State Capacity and Promoting Effective Self-Government While Protecting Rights
- Part V Executive and Administrative Constitutionalism in Effective Democratic Government
- Part VI Legislatures, Representation, and Duties of Effective Self-Government
- Part VII Politics, Sociology, Media, and Corruption as Contexts for Constitutionalism and Governance
- Index
Summary
Does the First Amendment forbid reforms to save and improve newsgathering, production, and distribution? All features of the news ecosystem are currently under threat, but some interpretations suggest that the First Amendment either forbids relevant government action or has no relevance. Debates about potential reforms of the businesses and structures wreaking havoc on news and information in the United States often hit a roadblock: the assumption that the First Amendment bars government from playing a role in media systems and news industries.1 Victor Pickard calls this “First Amendment fundamentalism.”2 We can understand why internet tech platforms invoke the First Amendment against any regulation and measures requiring them to pay for news posted on their sites but gathered by others. Avoiding regulation makes their work easier and their bottom line richer. But the First Amendment is not such a bar.
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- Constitutionalism and a Right to Effective Government? , pp. 85 - 96Publisher: Cambridge University PressPrint publication year: 2022