The First Amendment and Democracy

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NET NEUTRALITY DAY OF ACTION On September 10, 2014, several popular Internet sites—including Netflix, Kickstarter, Reddit, Tumblr, Foursquare, Etsy, and Vimeo—held a Day of Action to support net neutrality and oppose the FCC’s proposal to have fast and slow lanes. The companies featured messages on their pages to contact the FCC and Congress along with images of spinning wheels to signify what the slow lane of an Internet without net neutrality might look like. These messages may have been instrumental in the passage of net neutrality in 2015.
Courtesy of kickstarter.com

For most of our nation’s history, citizens have counted on journalism to monitor abuses in government and business. During the muckraking period, writers like Upton Sinclair, Ida Tarbell, and Sinclair Lewis made strong contributions in reporting corporate expansion and social change. Unfortunately, however, news stories about business issues today are usually reduced to consumer affairs reporting. In other words, when a labor strike, factory recall, or business shutdown is covered, the reporter mainly tries to answer the question, How do these events affect consumers? Although this is an important news angle, discussions about media ownership or labor management ethics are not part of the news that journalists typically report. Similarly, when companies announce mergers, reporters do not routinely question the economic wisdom or social impact of such changes but instead focus on how consumers will be affected.

At one level, journalists have been compromised by the ongoing upheavals of their own media businesses. As newspapers, magazines, and broadcast stations consolidate, downsize, outsource, or close down completely, and digital outlets spring up without a history or mission of news reporting, there are fewer journalists available to adequately cover and lead discussions on issues of politics, the economy, and media ownership. In fact, the very companies they work for are the prime buyers and sellers of major news-media outlets and are often participants in a political system rife with advertising money during campaign season.

As a result, it is becoming increasingly important that the civic role of watchdog be shared by both citizens and journalists. Citizen action groups like Free Press, the Media Access Project, and the Center for Digital Democracy have worked to bring media ownership issues into the mainstream. However, it is important to remember that the First Amendment protects not only the news media’s free-speech rights but also the rights of all of us to speak out. Mounting concerns over who can afford access to the media go to the heart of free expression. As we struggle to determine the future of converging print, electronic, and digital media and to strengthen the democratic spirit underlying media technology, we need to stay engaged in spirited public debates about media ownership and control, and about the differences between commercial speech and free expression. As citizens, we need to pay attention to who is included and excluded from opportunities not only to buy products but also to speak out and shape the cultural landscape. To accomplish this, we need to challenge our journalists and our leaders. More important, we need to challenge ourselves to become watchdogs—critical consumers and engaged citizens—who learn from the past, care about the present, and map mass media’s future.

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