Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech PDF
Preview Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech
Advance Praise for Saving the News “Dramatic technological and economic change threaten the infor- mation infrastructures that democracy requires to survive. Martha Minow provides a legal and policy roadmap for a 21st century media ecosystem. As we face a global crisis of democracy, Minow’s analysis and proposals are more timely and urgent than ever. A must-read.” — , President of Demos, and K. Sabeel Rahman Associate Professor of Law, Brooklyn Law School “Addressing one of the most vexing challenges of our time, Martha Minow has written the essential book on the topic. Easy to say that something should be done about the affect of tech and social media on news and civic discourse. Much harder to say what to do. This brilliant, illuminating and much-needed book moves the discussion toward solutions. Saving the News is thoughtful and thought-pro- voking, and a must-read.” — , Managing Director of global Julius Genachowski technology, media and telecommunications, The Carlyle Group, and former Chairman of the US Federal Communications Commission Saving the News Other books in the series: Not a Suicide Pact More Essential than Ever The Constitution in a Time of The Fourth Amendment in the National Emergency Twenty-F irst Century Richard A. Posner Stephen J. Schulhofer Out of Range On Constitutional Disobedience Why the Constitution Can’t End the Louis Michael Seidman Battle over Guns The Twilight of Human Rights Law Mark V. Tushnet Eric A. Posner Unfinished Business Constitutional Personae Racial Equality in American History Heroes, Soldiers, Minimalists, Michael J. Klarman and Mutes Supreme Neglect Cass R. Sunstein How to Revive Constitutional Protection The Future of Foreign Intelligence for Private Property Privacy and Surveillance in a Richard A. Epstein Digital Age Is There a Right to Remain Silent? Laura K. Donohue Coercive Interrogation and the Fifth HATE Amendment After 9/ 11 Why We Should Resist It with Free Alan M. Dershowitz Speech, Not Censorship The Invisible Constitution Nadine Strossen Laurence H. Tribe Democracy and Equality Uninhibited, Robust, and Wide- Open The Enduring Constitutional Vision A Free Press for a New Century of the Warren Court Lee C. Bollinger Geoffrey R. Stone and David A. Strauss From Disgust to Humanity Sexual Orientation and Beyond Belief, Beyond Conscience Constitutional Law The Radical Significance of the Free Martha C. Nussbaum Exercise of Religion Jack N. Rakove The Living Constitution David A. Strauss The Religion Clauses The Case for Separating Church Keeping Faith with the Constitution and State Goodwin Liu, Pamela S. Karlan, Erwin Chemerinsky and and Christopher H. Schroeder Howard Gilman Cosmic Constitutional Theory Liars Why Americans Are Losing Their Falsehoods and Free Speech in an Age Inalienable Right to Self- Governance of Deception J. Harvie Wilkinson III Cass R. Sunstein I N A L I E N A B L E R I G H T S S E R I E S .. .. .. series editor Geoffrey R. Stone Lee C. Bollinger Michael W. McConnell President Richard and Frances Mallery Columbia University Professor of Law Stanford Law School Alan M. Dershowitz Felix Frankfurter Professor of Law Martha C. Nussbaum Harvard Law School Ernst Freund Distinguished Service Professor, Philosophy, Law, Divinity, Laura K. Donohue South Asian Studies Professor of Law University of Chicago University of Chicago Law School Eric A. Posner Richard A. Epstein Kirkland & Ellis Distinguished Service Laurence A. Tisch Professor of Law Professor of Law New York University School of Law University of Chicago Law School Pamela S. Karlan Richard A. Posner Kenneth and Harle Montgomery Judge Professor of Public Interest Law U.S. Court of Appeals for the Seventh Stanford Law School Circuit Alexander Keyssar Jack N. Rakove Matthew W. Stirling, Jr., Professor of William Robertson Coe Professor of History and Social Policy History and American Studies JFK School of Government, Harvard Stanford University University Louis Michael Seidman Michael J. Klarman Carmack Waterhouse Professor of Kirkland & Ellis Professor of Law and Constitutional Law History Georgetown University Law Center Harvard Law School Christopher H. Schroeder Larry D. Kramer Charles S. Murphy Professor of Law Richard E. Lang Professor of Law Duke Law School and Dean Stanford Law School Stephen J. Schulhofer Robert B. McKay Professor of Law Lawrence Lessig New York University School of Law Edmund J. Safra Professor of Law Harvard Law School Geoffrey R. Stone Edward H. Levi Distinguished Service Goodwin Liu Professor Professor of Law University of Chicago Law School University of California at Berkeley School of Law David A. Strauss Mark V. Tushnet Gerald Ratner William Nelson Cromwell Distinguished Service Professor of Law Professor of Law University of Chicago Law School Harvard Law School Kathleen M. Sullivan J. Harvie Wilkinson III Stanley Morrison Professor of Law Judge Stanford Law School U.S. Court of Appeals for the Fourth Circuit Cass R. Sunstein Robert Walmsley University Professor Kenji Yoshino Harvard Law School Chief Justice Earl Warren Professor of Constitutional Law Laurence H. Tribe New York University School of Law Carl M. Loeb University Professor of Law Harvard Law School Geoffrey Stone and Oxford University Press gratefully acknowledge the interest and support of the following organizations in the Inalienable Rights series: The ALA The Chicago Humanities Festival The American Bar Association The National Constitution Center The National Archives Saving the News Why the Constitution Calls for Government Action to Preserve Freedom of Speech Martha Minow 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © Martha Minow 2021 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging- in- Publication Data Names: Minow, Martha, 1954– author. Title: Saving the news : why the Constitution calls for government action to preserve freedom of speech / Martha Minow. Description: New York : Oxford University Press, [2021] | Series: Inalienable rights series | Includes index. | Identifiers: LCCN 2020056753 (print) | LCCN 2020056754 (ebook) | ISBN 9780190948412 (hardback) | ISBN 9780190948436 (epub) | ISBN 9780190948443 Subjects: LCSH: Press law— Economic aspects— United States. | Freedom of the press— United States. Classification: LCC KF2750 .M56 2021 (print) | LCC KF2750 (ebook) | DDC 342.7308/ 53— dc23 LC record available at https:// lccn.loc.gov/ 2020056753 LC ebook record available at https:// lccn.loc.gov/ 2020056754 DOI: 10.1093/o so/9 780190948412.001.0001 1 3 5 7 9 8 6 4 2 Printed by LSC communications, United States of America To M.S. and other intrepid witnesses and advocates for accountable democracy
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