INTRODUCTION

This essay discusses the current state of government policy concerning mass communications, with particular reference to news and public affairs: Does the policy promote democratic values or work against them, and, if the latter, what would constitute a different, better policy?

There are two initial caveats. First, it will be necessary to oversimplify in light of the enormous scope of the topic. And second, I shall oversimplify with respect to the definition of the key goal here: promotion of democratic values. I recognize that there can be heated argument concerning the term “democratic values.” I intend to finesse this important area by focusing on a “motherhood” approach. We can all agree that, in the words of Learned Hand and Hugo Black, the United States has committed itself to a marketplace of ideas – to robust, wide-open debate; that, although others may regard this as folly, we have staked our all on this approach. A democracy – in our case, a republic depending on representative government – critically depends on an informed electorate and, therefore, on a free and unfettered press bringing to it all worthwhile ideas and views.

A further corollary of this First Amendment goal of robust, wide-open debate is that the American people should receive information from as diverse and antagonistic sources as possible (the so-called Associated Press principle set out in Associated Press v. United States).