430 likes | 440 Views
Explore the history and development of journalism and media, from the partisan press of the 18th century to the emergence of new media in the digital age. Discuss the role of media in society, government regulations, and the impact of technology on news reporting and consumption.
E N D
The Media Unit 3 AP Government
Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter. Thomas Jefferson Food for Thought…
1st Amendment • Congress shall make no law ... abridging the freedom of speech or of the press... • Bill of Rights of the United States Constitution, 1789.
Confidentiality of Sources • Is it a 1st Amendment Right? • Traditionally reporters don’t have to reveal sources • However, recently some been jailed for refusing to do so
BIG Questions • Why do modern day politicians worry about the media so much? • Can we trust the media to be fair? • Should people care about getting the correct information?
Should the Media be a… • Scorekeeper? • Tracking and making political reputations • Watchdog? • Exposing scandal • Gatekeeper? • Passing judgments on topics that then become national issues
Or perhaps all three?? • Scorekeeper • Tracking and making political reputations • Watchdog • Exposing scandal • Gatekeeper • Passing judgments on topics that then become national issues
Evolution of Journalism and Media • 1690 to 1830-40’s • Partisan/Party press • Small circulation, expensive to buy • Elites only • Gov. subsidized president’s party “press” • Starting in 1840’s • Penny/Popular press Partisan views • High speed, less cost • Mass circulation- needs sensational stories to sell
Late 1800’s/Early 1900’s • Sensationalism reaches high point • Yellow journalism: sensationalist. Unethical/unprofessional practices by news media organizations or individual journalists. • Centered on competition war between 2 media giants • Joseph Pulitzer • William Randolph Hearst • Today’s press still uses some of these techniques • “If it bleeds it leads”
Yellow Journalism • Spanish American War 1st tabloid topic- late 19th century • “To Hell with Spain, Remember the Maine!”
1890’s-1920’s • Exposure of corruption by press • Muckraker: investigative reporter who exposes corruption • Issues like: political corruption, corporate crime, child labor, conditions in slums and prisons, unsanitary conditions in food processing plants (such as meat), fraudulent claims by manufacturers of patent medicines, labor racketeering, and similar topics. • Most usually associated with Progressive Era in 1890-1920s • Upton Sinclair • Most famous muckraker • Exposed meat packing industry in novel, The Jungle
Technology Progresses- 1 • Radio news- 1920’s and 1930’s • FDR fireside speeches
Technology Progresses- 2 • Television- 1950’s- today • Nixon/Kennedy debates • Live for voters • Vietnam on TV • First time (Living Room War) • Immediate coverage • Election returns • Challenger explosion • 9-11
Technology Progresses • Internet- 1990’s- today • Major news outlets and Blogs, unreliable sites??”
Since 9-11 • People watch national news more often • More viewers more likely to have different viewpoints • Thus….bias claims have grown! • Has news changed or just viewers??
Current Media Trends • Print Media • Newspapers • Journals, magazines • Wire services • Broadcast Media • Traditional radio and TV stations • Networks and affiliates • Cable, satellite • CNN, Fox News • “New” Media • Internet, Blogs…
Government Regulations • Regulates electronic media • Federal Communications Commission • 1996- Telecommunications Act • Deregulated whole segments of electronic media • Tried to balance corporate profits with consumer needs • Result: Huge conglomerates like Viacom and Time Warner bought HUGE segments of media • 2003- FCC added reforms that allowed media outlets to own more than 1 type in market • (Clear Channel has 6 radio stations in Atlanta)
Communications Decency Act of 1996 • Tried to address indecency on Internet. • In response to fears that Internet pornography was on rise. • Landmark 1997 decision: Supreme Court ruled Internet unique medium entitled to highest protection under free speech protections • Blocked by federal courts saying was too broad • CDA prohibited posting "indecent" or "patently offensive" materials in public forum on Internet -- including web pages, newsgroups, chat rooms, or online discussion lists. • Would have included texts of classic fiction such as Catcher in the Rye and Ulysses • Gave Internet same free speech protection as print media.
The Communications Decency Act of 1996 • The Communications Act of 1996 tried to address indecency on the Internet. • It was introduced in response to fears that Internet pornography was on the rise. • In a landmark 1997 decision, the Supreme Court ruled that the Internet is a unique medium entitled to the highest protection under the free speech protections of the First Amendment to the US Constitution. • It was blocked by federal courts saying it was too broad • The CDA prohibited posting "indecent" or "patently offensive" materials in a public forum on the Internet -- including web pages, newsgroups, chat rooms, or online discussion lists. • This would have included the texts of classic fiction such as the Catcher in the Rye and Ulysses • This gave the Internet same free speech protection as print media.
Government Regulations • Regulates electronic media (via Federal Communications Commission) • Broadcast Television and Radio • Licensed and regulated • FCC rules, 7 dirty words, Janet Jackson… • Fines are applied! • Cable • Little or no regulations
“Rules” of the Game for Broadcast TV and Radio • Fairness doctrine- Abolished in 1987 • Required radio and TV broadcasters to air contrasting views on controversial public issues. ... but some still follow • Equal time rule- • Requires = air time for all major candidates competing for political office. • Air time NOT free- candidates MUST pay • Political editorializing rule-Abolished in 2000 • Stations that endorse candidate for office required to give candidate’s opponents free rebuttal time. • Right of reply rule • Broadcasting stations obliged to offer "reasonable opportunity for the discussion of conflicting views". • Wording important: "reasonable" rather than equal. Coverage not measured with stopwatch. Simply all sides of debate get heard.
Print Media • Newspapers and Magazines • No “prior restraint” (Government prohibition of speech in advance of publication. 1 fundamental right guaranteed by 1st Amendment is freedom from prior restraint) • In other words, more freedom and less rules than broadcast media • Can be sued for libel AFTER publication of controversial articles
Can a Story go too Far?? • Libel (written slander)* • Is it true? • Is it false?* • Is it misreported on purpose?* • Is it misreported by mistake?
Can a Story go too Far?? • Obscenity in media • Playboy, Penthouse, Hustler… • Does it have social value? • Hustler Magazine, Inc. v. Falwell • Does it incite violence? • Schenck v US
FCC v Fox TV Stations (2009) • 2004: Fox TV Stations broadcast Billboard Music Awards • Cher used an explicative in acceptance speech, and presenter (Nicole Ritchie) used 2 expletives. • Federal Communications Commission (FCC) issued notices of liability to Fox for broadcasting the profane language.
Question of Law • Is the FCC's order imposing liability on for “fleeting expletives” used on Fox, "arbitrary" based on the FCC's previous acceptance of similar expletives • Bono in 2001 • Does FCC need to prove its change in policy is "better" than its prior rule?
X X X Importance of Case • Importance of Ruling • No. Supreme Court held that FCC's order neither "arbitrary" • No. FCC need merely prove that new policy "permissible" and there are good reasons for it
Media Coverage of Congress • Senate- broadcasts since 1950 • House- no cameras until 1978 • Today…it’s 24/7!!! • C-Span • C-Span 2 • Every word every hour on tape
Media Coverage of President • FDR master of media • Fireside chats • Protected him from prying cameras • State of Union not a story until FDR • Large press corps today • Daily press updates by press secretary • On campaign trail with candidates
Bully Pulpit • Term stems from T. Roosevelt's reference to White House as "bully pulpit," meaning terrific platform from which to persuasively advocate an agenda. • Often used word "bully" as adjective meaning superb/wonderful.
Are Stories Slanted?? • Routine news stories • Least biased since all stations/papers will cover • Feature stories • More bias • Journalists pick and choose • Exciting to cover • Scandal sells
Looking for Bias in the Media • Bias: word that identifies collective influences of entire context of a message. • Is there such a thing as an objective point of view?? • “No matter how much we may try to ignore it, human communication always takes place in a context, through a medium, and among individuals and groups who are situated historically, politically, economically, and socially.” .
Government Constraints? • Should government place constraints on journalists? • Should reporters… • Strike more of a balance? • Express more neutral views? • Become mouthpiece for all sources? • Dig deeper? • Be arrested? • Look for other jobs?
Important Freedom of the Press Cases • John Peter Zenger case (1733) • New York Times v Sullivan (1964) • New York Times v US (1973)
Facts John Peter Zenger began publishing newspaper in NY to voice opposition to policies of newly appointed colonial governor William Cosby. November 17, 1734: Zenger arrested, charged with seditious libel. Rebuffed repeatedly by Chief Justice Delancey during trial, Zenger’s lawyer decided to plead client's case directly to jury. Zenger Case- 1733 The burning of Zenger's New York Weekly Journal (Bettman Archive)
Importance of Case • Verdict: not guilty on charge of publishing "seditious libels." • Idea that truth is absolute defense against libel established in case • Zenger trial: root of today’s free press in America Zenger's lawyer stands up for freedom of the presscourtesy, Chronicle of America
New York Times v Sullivan- 1964 • Facts • Full-page ad in NY Times alleged that arrest of Rev. Martin Luther King, Jr. for perjury in AL part of campaign to destroy King's efforts to integrate public facilities and encourage blacks to vote • L. B. Sullivan, Montgomery city commissioner, filed libel action against newspaper and 4 black ministers who were listed as endorsers of ad, claiming that allegations against Montgomery police defamed him personally. • Question of law • Did Alabama's libel law, by not requiring Sullivan to prove that an advertisement personally harmed him and dismissing the same as untruthful due to factual errors, unconstitutionally infringe on 1st Amendment's freedom of speech and freedom of press protections?
Importance • Court held 1st Amendment protects publication of all statements, even false ones, about conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of truth). Sullivan's case collapsed. • Just publishing “defamatory falsehood” not enough to win libel case • Writer/publisher must have “actual malice”
New York Times v US (1973) • Known as "Pentagon Papers Case,” Nixon Administration attempted to prevent NY Times and Washington Post from publishing materials belonging to classified Defense Department study regarding history of US activities in Vietnam. • Daniel Ellsburg: federal employee caught copying documents concerning war. When FBI finally caught him in June 1971, charged with 12 felonies and faced 115 years in jail. • President argued prior restraint necessary to protect national security. • Pentagon Papers case • Question- • Did Nixon administration's efforts to prevent publication of what it termed "classified information" violate 1st Amendment?
Importance • Court ruled against US • Held that government didn’t overcome "heavy presumption against" prior restraint of press in case. • Justices Black and Douglas argued that vague word "security" shouldn’t be used "to abrogate the fundamental law embodied in the 1st Amendment." • Justice Brennan reasoned since publication would not cause an inevitable, direct, and immediate event imperiling safety of American forces, prior restraint unjustified.
Bias in the news media • Is the news media biased toward liberals? • Is the news media biased toward conservatives?
Bias in the news media • Is the news media biased toward liberals? • Yes. • Is the news media biased toward conservatives? • Yes.