Does America have a free press? Many who answer yes appeal to First Amendment protections that shield the press from government censorship. But in this comprehensive history of American press freedom as it has existed in theory, law, and practice, Sam Lebovic shows that, on its own, the right of free speech has been insufficient to guarantee a free press. Lebovic recovers a vision of press freedom, prevalent in the mid-twentieth century, based on the idea of unfettered public access to accurate information. This “right to the news” responded to persistent worries about the quality and diversity of the information circulating in the nation’s news. Yet as the meaning of press freedom was contested in various arenas—Supreme Court cases on government censorship, efforts to regulate the corporate newspaper industry, the drafting of state secrecy and freedom of information laws, the unionization of journalists, and the rise of the New Journalism—Americans chose to define freedom of the press as nothing more than the right to publish without government censorship. The idea of a public right to all the news and information was abandoned, and is today largely forgotten. Free Speech and Unfree News compels us to reexamine assumptions about what freedom of the press means in a democratic society—and helps us make better sense of the crises that beset the press in an age of aggressive corporate consolidation in media industries, an increasingly secretive national security state, and the daily newspaper’s continued decline.

In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

In How Machines Came to Speak Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.

The story behind the 1940s Commission on Freedom of the Press--groundbreaking then, timelier than ever now "Bates skillfully blends biography and intellectual history to provide a sense of how the clash of ideas and the clash of personalities intersected."--Scott Stossel, American Scholar "A well-constructed, timely study, clearly relevant to current debates."--Kirkus, starred review In 1943, Time Inc. editor-in-chief Henry R. Luce sponsored the greatest collaboration of intellectuals in the twentieth century. He and University of Chicago president Robert Maynard Hutchins summoned the theologian Reinhold Niebuhr, the Pulitzer-winning poet Archibald MacLeish, and ten other preeminent thinkers to join the Commission on Freedom of the Press. They spent three years wrestling with subjects that are as pertinent as ever: partisan media and distorted news, activists who silence rather than rebut their opponents, conspiracy theories spread by shadowy groups, and the survivability of American democracy in a post-truth age. The report that emerged, A Free and Responsible Press, is a classic, but many of the commission's sharpest insights never made it into print. Journalist and First Amendment scholar Stephen Bates reveals how these towering intellects debated some of the most vital questions of their time--and reached conclusions urgently relevant today.

Americans today worry about concentrated power in private industry to an extent not seen in generations. Not only do they find diminished diversity of service-providers and producers, but they are disquieted by the power of a few large companies to shape and constrain democratic processes. Americans across the political spectrum, from former President Donald Trump to Massachusetts Senator Elizabeth Warren, have sounded alarms about the overlarge power of business in both public and private life. While many of the technologies and industries that worry Americans are new, the concerns they've raised are not unprecedented. Antimonopoly and American Democracy traces the history of antimonopoly politics in the United States, arguing that organized action against concentrated economic power comprises an important American democratic tradition. While prevailing narratives tend to treat monopoly as a risk to people mainly in their roles as consumers--by causing prices to increase, for example--this study broadens the conversation, recounting ways in which monopolism can hurt ordinary people without directly impacting their wallets. From the pre-revolutionary era to the age of Big Tech, the volume explores the effects that historical monopolies have had on democracy by using their wealth and influence to dominate electoral politics and regulation. Chapters also highlight a range of sites of economic concentration, from land ownership to media reach, and attempts at combating them, from labor organizing to constitutional revision. Featuring original scholarship from some of the world's leading experts in American economic, political, and legal history, Antimonopoly and American Democracy offers important lessons for our contemporary political moment, in which fears of concentrated wealth and influence are again on the rise.

A comparison of French and American approaches to freedom of expression, with reference to the historical, social and philosophical contexts.

The Routledge Companion to Freedom of Expression and Censorship offers a thorough exploration of the debates surrounding this contentious topic, considering the importance placed upon it in democratic societies and the reasons frequently proposed for limiting and constraining it. This volume addresses the various historical, philosophical, political and cultural parameters of censorship and freedom of expression as well as current debates involving technology, journalism and media regulation. Geographically, temporally and culturally diverse accounts of censorship and freedom of expression are discussed through a broad range of perspectives and case studies. This Companion covers core principles and concerns in addition to more specialist and controversial debates, including those surrounding hate speech, holocaust denial, pornography and so-called ‘cancel culture’. The collection pays particular attention to the role of the media in both facilitating and suppressing freedom of expression. Comprehensive, original and timely, The Routledge Companion to Freedom of Expression and Censorship is a go-to resource for scholars and advanced students of media, communication and journalism studies.

"As traditional for-profit news media in the United States declines 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 U.S. 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 ten proposals for change to help preserve the free press essential to our democratic society"--

A much-anticipated guide to saving democracy, from one of our most essential political thinkers. Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules. In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy’s dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy’s success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy’s critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world.

"Mass Media and American Politics is the most comprehensive and best book for political communication. This text has made it easy for my students to learn about research and theory related to political journalism and the political communication system in America. It has great utility and insight while being comprehensive but not overwhelming for students." —Jason Martin, DePaul University Known for its readable introduction to the literature and theory of the field, Mass Media and American Politics is a trusted, comprehensive look at media′s impact on attitudes, behavior, elections, politics, and policymaking. This Tenth Edition is thoroughly updated to reflect major structural changes that have shaken the world of political news and examines the impact of the changing media landscape. It includes timely examples from the 2016 election cycle to illustrate the significance of these changes. This classic text balances comprehensive coverage and cutting-edge theory, shows students how the media influence governmental institutions and the communication strategies of political elites, and illustrates how the government shapes the way the media disseminate information. Written by Doris A. Graber—a scholar who has played an enormous role in establishing and shaping the field of mass media and American politics—and Johanna Dunaway, this book sets the standard. FREE POSTER: Fact or Fiction? Use this checklist to avoid the pitfalls posed by the rise of fake news