10 - Mass communications policy: where we are and where we should be going

Summary

INTRODUCTION

This essay discusses the current state of government policy concerning mass communications, with particular reference to news and public affairs: Does the policy promote democratic values or work against them, and, if the latter, what would constitute a different, better policy?

There are two initial caveats. First, it will be necessary to oversimplify in light of the enormous scope of the topic. And second, I shall oversimplify with respect to the definition of the key goal here: promotion of democratic values. I recognize that there can be heated argument concerning the term “democratic values.” I intend to finesse this important area by focusing on a “motherhood” approach. We can all agree that, in the words of Learned Hand and Hugo Black, the United States has committed itself to a marketplace of ideas – to robust, wide-open debate; that, although others may regard this as folly, we have staked our all on this approach. A democracy – in our case, a republic depending on representative government – critically depends on an informed electorate and, therefore, on a free and unfettered press bringing to it all worthwhile ideas and views.

A further corollary of this First Amendment goal of robust, wide-open debate is that the American people should receive information from as diverse and antagonistic sources as possible (the so-called Associated Press principle set out in Associated Press v. United States).