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A Free and Regulated Press

A Free and Regulated Press
Author: Paul Wragg
Publisher: Bloomsbury Publishing
Total Pages: 417
Release: 2020-05-28
Genre: Law
ISBN: 1509927255

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This thought-provoking book provides a systematic, philosophically-grounded reconceptualisation of press freedom and press regulation. In a major departure from orthodox norms, the book argues that press freedom and coercive independent press regulation are not mutually exclusive; that newspapers could be made to compensate their victims, through regulation, without jeopardising their free speech rights; that their perceived public watchdog status does not exempt them; and, ultimately, that mandatory press regulation is not unconstitutional. In doing so, the book questions our most deeply-held, intuitive beliefs about the press and its role in society. Why do we say the printed press has a duty to act as a public watchdog when there is no legally enforceable apparatus by which to ensure it does? Why does government constantly recommend that the press regulate itself when history shows this model always fails? Why do victims of press malfeasance continue to suffer needlessly? By deconstructing the accepted view of press freedom and mandatory regulation, this book shows that both are deeply misunderstood. The prevailing notion that the press must serve the public is an empty relic of Victorian ideology that is both philosophically incoherent and legally unjustifiable. The press is obliged to make good, not do good.


Uninhibited, Robust, and Wide-Open

Uninhibited, Robust, and Wide-Open
Author: Lee C. Bollinger
Publisher: Oxford University Press
Total Pages: 225
Release: 2010-01-15
Genre: Law
ISBN: 0199742456

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Lee Bollinger is one of our foremost experts on the First Amendment--both an erudite scholar and elegant advocate. In this sweeping account, he explores the troubled history of a free press in America and looks toward the challenges ahead. The first amendment guaranteed freedom of the press in seemingly clear terms. However, over the course of American history, Bollinger notes, the idea of press freedom has evolved, in response to social, political, technological, and legal changes. It was not until the twentieth century that freedom of the press came to be understood as guaranteeing an "uninhibited, robust and wide-open" public discourse. But even during the twentieth century, government continually tried to erect barriers: the sedition laws of World War One, the use of libel law, the Pentagon Papers case, and efforts to limit press access to information. Bollinger utilizes this history to explore the meaning of freedom of the press in our globalized, internet-dominated era. As he shows, we have now entered uncharted territory. What does press freedom mean when our news outlets can instantaneously disseminate information throughout the world? When foreign media have immediate access to the American market? Bollinger stresses that even though the law will surely evolve in the coming years, we must maintain our commitment to a press that is "uninhibited, robust, and wide-open," not only in America but everywhere. Given the new ability of foreign media to reach the United States via the Internet and vice versa, it is in America's national interest for press freedoms to expand overseas. While protecting the freedom of the press at home remains a crucial task, the next challenge is to help create a global public forum suitable for an increasingly interconnected world. Part of Oxford's landmark Inalienable Rights series, this book will set the agenda for how we think about the press in the twenty-first century.


Emergence of a Free Press

Emergence of a Free Press
Author: Leonard Williams Levy
Publisher: Ivan R. Dee Publisher
Total Pages: 422
Release: 2004
Genre: History
ISBN:

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A wonderful combination of judiciousness and vigor. Henry Steele Commager


Global Perspectives on Press Regulation, Volume 1

Global Perspectives on Press Regulation, Volume 1
Author: Paul Wragg
Publisher: Bloomsbury Publishing
Total Pages: 295
Release: 2023-09-21
Genre: Law
ISBN: 1509950362

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In this ground-breaking two-volume set, world-leading experts produce a rich, authoritative depiction of the world's press, its freedom, and its limits. We want press freedom but we also want freedom from the press. A powerful press may expose a corrupt government or aid it. It may champion citizens or unfairly attack them. A vulnerable press may lack supporters and succumb to conformity. It may resist, and overcome tyranny. According to common belief, press freedom involves social responsibilities to equip public debate and render government transparent. Is this attitude valid given that the press is usually a private, commercial actor? Globally, the health, authority, and viability of the press varies dramatically. These patterns do not conform to traditional divisions between North and South, East and West. Instead, they are much more complex. How do we measure successful press regulation? What concessions can the state and/or society demand from the press? What constitutes the irreducible core of press freedom? The contributions in Volume 1 look at key jurisdictions in Europe; whereas Volume 2 goes beyond Europe to analyse the situation in key jurisdictions in Asia, Africa, the Americas and Oceania. Each volume can be used independently or as part of the complete set. This work will be incredibly valuable to policymakers and academics who seek to capture the global picture for the purposes of effecting change.


Truth in Publishing

Truth in Publishing
Author: Linda Lawson
Publisher: SIU Press
Total Pages: 248
Release: 1993
Genre: Language Arts & Disciplines
ISBN: 9780809318292

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The Newspaper Publicity Act, passed in 1912, is still in effect and requires commercial newspapers and magazines using the preferential second-class mail rate to identify their owners and investors and to label advertisements that resemble news stories or editorials. These publications are also required to disclose circulation data along with their ownership statements. In part 1, Linda Lawson documents the press's inner workings, including its excesses and abuses, as it evolved from a collection of small businesses in the mid-1800s to an established commercial institution of the twentieth century. Large, urban newspapers challenged small, rural papers at the same time burgeoning popular magazines and trade journals competed fiercely with every other type of publication for advertisers and readers. The regulatory actions brought about by these divisions within the industry are treated in part 2.


Images of a Free Press

Images of a Free Press
Author: Lee C. Bollinger
Publisher: University of Chicago Press
Total Pages: 236
Release: 1991-10
Genre: Language Arts & Disciplines
ISBN: 9780226063485

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Rich in historical detail, Images of a Free Press is an elegant, powerful guide to the evolution of our modern conception of freedom of the press, which finds expression in laws that protect print journalism and regulate broadcast media. Bollinger argues that this distinction remains meaningful but he advocates a more sophisticated approach to issues of privacy, access, and technology. Providing concrete guidelines for improving media laws, Images of a Free Press is a vital First Amendment primer for lawyers, media professionals, and critics, and all concerned citizens. "Images of a Free Press is the natural sequel to Lee Bollinger's first book, The Tolerant Society, and is destined to become a standard in first amendment scholarship."—Rodney A. Smolla, Constitutional Commentary "Revisiting themes he first explored some fifteen years ago, Bollinger now adds further to our understanding of the complex relationship among the First Amendment, the Supreme Court, the public, the press and the democratic process. This is a work of insight, sensitivity, and power. Bollinger has a profound knowledge of and a deep affection for his subject, and it shows."—Geoffrey R. Stone, Michigan Law Review "This thoughtful, understated book remains a call to come join the town meeting and hammer out some new rules of order. Scholars and citizens alike could do well to read Bollinger's book and accept his challenge."—Yale Law Review "For a number of years, Lee Bollinger has argued that the First Amendment has been applied differently to the print media than it has been to the broadcast media. In his new book, Images of a Free Press, Bollinger provides a concise, persuasive account of why this is so—and why it ought to be so."—Columbia Law Review


Free Speech and Unfree News

Free Speech and Unfree News
Author: Sam Lebovic
Publisher: Harvard University Press
Total Pages: 183
Release: 2016-03-14
Genre: History
ISBN: 0674969596

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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.


A Free and Regulated Press

A Free and Regulated Press
Author: Paul Wragg
Publisher: Bloomsbury Publishing
Total Pages: 288
Release: 2020-05-28
Genre: Law
ISBN: 1509927247

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This thought-provoking book provides a systematic, philosophically-grounded reconceptualisation of press freedom and press regulation. In a major departure from orthodox norms, the book argues that press freedom and coercive independent press regulation are not mutually exclusive; that newspapers could be made to compensate their victims, through regulation, without jeopardising their free speech rights; that their perceived public watchdog status does not exempt them; and, ultimately, that mandatory press regulation is not unconstitutional. In doing so, the book questions our most deeply-held, intuitive beliefs about the press and its role in society. Why do we say the printed press has a duty to act as a public watchdog when there is no legally enforceable apparatus by which to ensure it does? Why does government constantly recommend that the press regulate itself when history shows this model always fails? Why do victims of press malfeasance continue to suffer needlessly? By deconstructing the accepted view of press freedom and mandatory regulation, this book shows that both are deeply misunderstood. The prevailing notion that the press must serve the public is an empty relic of Victorian ideology that is both philosophically incoherent and legally unjustifiable. The press is obliged to make good, not do good.


A Free and Responsible Press

A Free and Responsible Press
Author: Commission on Freedom of the Press
Publisher: University of Chicago Press
Total Pages: 146
Release: 1947
Genre: Freedom of the press
ISBN: 0226471357

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"The question of how much freedom the press should enjoy has been debated throughout American history. In 1942 an impartial commission was formed to study mass communication, evaluate the performance of the media, and make recommendations for possible regulation of the press. This book is the general report of that commission."--Book cover.