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The Media Unit 4 AP Government The Media Unit 4 AP Government

The Fourth Estate o The fourth estate is a term that positions the press The Fourth Estate o The fourth estate is a term that positions the press (newspapers) as a fourth branch of government and one that is important to a functioning democracy. o In Britain, the three branches (estates) of government referenced Parliament n The House he Lords Temporal (nobles) n The Lords Spiritual (clergy) n The House of Commons.

The Fourth Estate o There were three Estates in Parliament, but in the Reporters The Fourth Estate o There were three Estates in Parliament, but in the Reporters Gallery yonder, there sat a fourth Estate more important far than they all. n Edmund Burke (1729 - 1797), a British politician

Food for Thought… o Were it left to me to decide whether we should Food for Thought… o 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. n President Thomas Jefferson

Food for Thought… o. The fact that a man is a newspaper reporter is Food for Thought… o. The fact that a man is a newspaper reporter is evidence of some flaw of character. o President LYNDON JOHNSON

1 st Amendment o Congress shall make no law. . . abridging the freedom 1 st Amendment o Congress shall make no law. . . abridging the freedom of speech or of the press. . . n From the Bill of Rights of the United States Constitution, 1789.

Confidentiality of Sources o Is it a 1 st Amendment Right? n Most reporters Confidentiality of Sources o Is it a 1 st Amendment Right? n Most reporters say yes but many judges say no o Traditionally reporters do not have to reveal sources o However, recently some have been jailed for refusing to do so n NY Times reporters o Judith Miller and James Risen

The BIG Questions o Why do modern day politicians worry about the media so The BIG Questions o Why do modern day politicians worry about the media so much? o Can we trust the media to be fair? o Should people care about getting the correct information?

Should the Media be a… o Scorekeeper? n Tracking and making political reputations o Should the Media be a… o Scorekeeper? n Tracking and making political reputations o Watchdog? n Exposing scandal o Gatekeeper? n Passing judgments on topics that then become national issues

None of Them………OR……. . Perhaps, All of Them? ? o Scorekeeper n Tracking and None of Them………OR……. . Perhaps, All of Them? ? o Scorekeeper n Tracking and making political reputations o Watchdog n Exposing scandal o Gatekeeper n Passing judgments on topics that then become national issues

o I always turn to the sports section first. The sports section records people's o I always turn to the sports section first. The sports section records people's accomplishments; the front page nothing but man's failures. ~Chief Justice Earl Warren

o If one morning I walked on top of the water across the Potomac o If one morning I walked on top of the water across the Potomac River, the headline that afternoon would read: "President Can't Swim. " ~Lyndon B. Johnson

Media Terms to Know o Print Media n Newspapers n Journals, magazines n Wire Media Terms to Know o Print Media n Newspapers n Journals, magazines n Wire services- no longer widespread o AP, UPI, Reuters o Broadcast Media n Local TV (and Radio stations) that you can receive with an antenna n Networks and affiliates like CBS, NBC, Fox, and ABC

Media Terms to Know o Cable/ Satellite Media n Television stations you pay to Media Terms to Know o Cable/ Satellite Media n Television stations you pay to receive and may not be in your area without paying a subscription fee n CNN, Fox News, MSNBC, Bravo, MTV, HBO… n Can also include pay-radio like XM o “New” Media n Internet, Blogs, Twitter, Facebook…

Government Regulations- FCC o The federal government regulates electronic media (via Federal Communications Commission) Government Regulations- FCC o The federal government regulates electronic media (via Federal Communications Commission) o Broadcast Television and Radio n Licensed and regulated by FCC rules n Fines can be applied! o 7 dirty words, Janet Jackson at Super Bowl o Cable/Satellite n Little or no regulations

Evolution of Journalism and the Media o 1690 to 1830 -40’s o The Partisan/Party Evolution of Journalism and the Media o 1690 to 1830 -40’s o The Partisan/Party press n Small circulation, expensive to buy n Elites only n The government subsidized the president’s party “press” o Starts in 1840’s o The Penny/Popular press Partisan views n High speed, less cost n Mass circulation- needs sensational stories to sell

Late 1800’s/Early 1900’s o Sensationalism reaches its high (low) point o Yellow journalism is Late 1800’s/Early 1900’s o Sensationalism reaches its high (low) point o Yellow journalism is a uncomplimentary reference to journalism that features scandalmongering, sensationalism, jingoism or other unethical or unprofessional practices by news media organizations or individual journalists. o Centered on competition was between 2 media giants n Joseph Pulitzer n William Randolph Hearst o Today’s press still uses some of these techniques n “If it bleeds it leads”

Yellow Journalism o Spanish American War was first tabloid topic- late 19 th century Yellow Journalism o Spanish American War was first tabloid topic- late 19 th century o “Remember the Maine!”

1890’s-1920’s o o Exposure of corruption by press A muckraker is an reporter who 1890’s-1920’s o o Exposure of corruption by press A muckraker is an reporter who investigates and exposes issues of such as 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. n o The term muckraker is most usually associated in America novelists and critics from the Progressive Era in the 1890 -1920 s Upton Sinclair n Most famous muckraker n Exposed the meat industry in his novel, The Jungle

Bully Pulpit o This term stems from President Theodore Roosevelt's reference to the White Bully Pulpit o This term stems from President Theodore Roosevelt's reference to the White House as a "bully pulpit, " meaning a terrific platform from which to persuasively advocate an agenda. o Roosevelt often used the word "bully" as an adjective meaning superb/wonderful.

Technology Progresses- 1 o Radio news- 1920’s and 1930’s n FDR fireside speeches Technology Progresses- 1 o Radio news- 1920’s and 1930’s n FDR fireside speeches

Media Coverage of President o FDR was master of media n Fireside chats o Media Coverage of President o FDR was master of media n Fireside chats o Horserace n Protected him from prying journalism- The cameras press covers political n State of Union was not a campaigns as if they story until FDR were horse races: so preoccupied with n Daily press updates by press who’s up or down in the polls that it secretary ignores the substance n On the campaign trail with of the campaign. candidates o Large press corps today http: //www. slate. com/articles/news_and_politics/2011/10/horse_race_politics_an_animation_of_the_2012_ republican_campaign. html? wpisrc=sl_iphone

Technology Progresses- 2 o Television- 1950’s- today n 1952 o First political ad n Technology Progresses- 2 o Television- 1950’s- today n 1952 o First political ad n 1960 Nixon/Kennedy debates o Live for voters n Vietnam on TV in the 1960’s o First time a war is covered on nightly news show

Technology Progresses- 3 o Television- 1970’s n Invention of cable and pay TV o Technology Progresses- 3 o Television- 1970’s n Invention of cable and pay TV o HBO o TBS the Superstation o Today n Immediate coverage o Live election returns o Challenger explosion o 9 -11

Media Coverage of Congress o Senate- broadcasts since 1950 o House- no cameras until Media Coverage of Congress o Senate- broadcasts since 1950 o House- no cameras until 1978 o Today…it’s 24/7 on C-Span and… n C-Span 2 n C-Span 3 o Every word and every hour is on tape and stored for posterity

Technology Progresses- 4 o Internet- 1990’s- today n Major news outlets all have their Technology Progresses- 4 o Internet- 1990’s- today n Major news outlets all have their own websites n News blogs with narrowcasting

How Much is too Much? o CNN, FOX, MSNBC… n ESPN…? ? o 24 How Much is too Much? o CNN, FOX, MSNBC… n ESPN…? ? o 24 hour news channels o Is it worth it?

Since 9 -11 o People watch the national news more often o More viewers Since 9 -11 o People watch the national news more often o More viewers are more likely to have different viewpoints o Thus…. bias claims have grown! o Has the news changed or just the viewers? ?

Technology Progresses- 5 o In 2011, the digital revolution entered a new era. o Technology Progresses- 5 o In 2011, the digital revolution entered a new era. o In the age of mobile people are connected to the web wherever they are. n More than four in ten American adults now own a smartphone. n One in five owns a tablet. n New cars are manufactured with internet built in. n With more mobility comes deeper immersion into social networking.

January 18, 2012 Protest against SOPA and PIPA. January 18, 2012 Protest against SOPA and PIPA. "Stop Online Piracy Act" and "Protect IP Act. "

(Lack of) Government Regulations for Print Media o Newspapers and Magazines n No “prior (Lack of) Government Regulations for Print Media o Newspapers and Magazines n No “prior restraint” o In other words, more freedom and less rules than broadcast media n They can be sued for libel AFTER publication of controversial articles

When is a story Libelous? o Libel (written slander) n Is it true? o When is a story Libelous? o Libel (written slander) n Is it true? o Not libel n Is it false? o Could be libel n Is it misreported by mistake? o Not libel n Is it misreported on purpose? o Could be libel

Government Regulations for Broadcast TV and Radio o Abolished in 1987 Fairness doctrinen required Government Regulations for Broadcast TV and Radio o Abolished in 1987 Fairness doctrinen required radio and television broadcasters to air contrasting views on controversial public issues. . but some still follow o Abolished in 2000 Political editorializing Rule n Stations that endorsed a candidate for office were required to give the candidate’s opponents free rebuttal time.

Government Regulations for Broadcast TV and Radio o Equal time rulen requires equal air Government Regulations for Broadcast TV and Radio o Equal time rulen requires equal air time for all major candidates competing for political office. n The air time is NOT free- candidates MUST pay for their equal time o Right of reply rule n Broadcasting stations are obliged to offer "reasonable opportunity for the discussion of conflicting views". n The wording is important: "reasonable" rather than equal. Coverage is not measured with a stopwatch. It is simply that all sides of the debate get heard

Government Regulations for the Broadcast Media o The government regulates electronic media including TV Government Regulations for the Broadcast Media o The government regulates electronic media including TV and radio n Federal Communications Commission o 1996 - Telecommunications Act n Deregulated whole segments of the electronic media n Tried to balance corporate profits with consumer needs n Result: Huge conglomerates like Viacom and Time Warner bought HUGE segments of the media o 2003 - FCC added reforms that allowed media outlets to own more than one type in a market n (Clear Channel has 6 radio stations in Atlanta)

The Communications Decency Act of 1996 o The Communications Act of 1996 tried to The Communications Decency Act of 1996 o The Communications Act of 1996 tried to address indecency on the Internet. n It was introduced in response to fears that Internet pornography was on the rise. o 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. n n 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. o This would have included the texts of classic fiction such as the Catcher in the Rye and Ulysses o This gave the Internet same free speech protection as print media.

The Communications Decency Act of 1996 o The Communications Act of 1996 tried to The Communications Decency Act of 1996 o The Communications Act of 1996 tried to address indecency on the Internet. n It was introduced in response to fears that Internet pornography was on the rise. o 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. n n 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. o This would have included the texts of classic fiction such as the Catcher in the Rye and Ulysses o This gave the Internet same free speech protection as print media.

Looking for Bias in the Media o Bias is a small word that identifies Looking for Bias in the Media o Bias is a small word that identifies the collective influences of the entire context of a message. o Is there such a thing as an objective point of view? ? . n “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. ”

Are Stories Slanted? ? o Routine news stories n Least biased since all stations/papers Are Stories Slanted? ? o Routine news stories n Least biased since all stations/papers will cover o Feature stories n n n More bias Journalists pick and choose Exciting to cover Scandal sells Spin it baby!!!!

Bias in the news media o Is the news media biased toward liberals? o Bias in the news media o Is the news media biased toward liberals? o Is the news media biased toward conservatives?

Bias in the news media o Is the news media biased toward liberals? n Bias in the news media o Is the news media biased toward liberals? n Yes. o Is the news media biased toward conservatives? n Yes.

Interesting Media Links to Corportations o http: //www. uwm. e du/People/woodsa/ chart. html o Interesting Media Links to Corportations o http: //www. uwm. e du/People/woodsa/ chart. html o http: //projects. pub licintegrity. org/tele com/default. aspx o http: //www. corpor ations. org/media/

" Freedom of the press is guaranteed only to those who own one. “ —A. J. Liebling

Government Constraints? o Should the government place constraints on journalists? o Should reporters… n Government Constraints? o Should the government place constraints on journalists? o Should reporters… n n n Strike a more of a balance? Express more neutral views? Become the mouthpiece for all sources? Dig deeper? Be arrested? Look for other jobs?

Important Freedom of the Press Cases o John Peter Zenger case (1733) o New Important Freedom of the Press Cases o John Peter Zenger case (1733) o New York Times v Sullivan (1964) o New York Times v US (1973) o FCC v Fox TV Stations (2009)

The Zenger Case- 1733 o Facts n In the latter part of 1733 John The Zenger Case- 1733 o Facts n In the latter part of 1733 John Peter Zenger began publishing a newspaper in New York to voice opposition to the onerous policies of newly appointed colonial governor William Cosby. n On Sunday, November 17, 1734 Zenger was arrested and charged with seditious libel. n Rebuffed repeatedly by Chief The burning of Zenger's Justice Delancey during the trial, New York Weekly Journal Zenger’s lawyer decided to plead (Bettman Archive) his client's case directly to the jury.

Importance of Case o The verdict was not guilty on the charge of publishing Importance of Case o The verdict was not guilty on the charge of publishing "seditious libels. " o The idea that the truth is an absolute defense against libel was established in this case o The Zenger trial was the root of today’s free press in America, and shows the stubborn independence of American jurors. Zenger's lawyer stands up for freedom of the press courtesy, Chronicle of America

New York Times v Sullivan- 1964 o Facts n This case concerned a full-page New York Times v Sullivan- 1964 o Facts n This case concerned a full-page ad in the New York Times which alleged that the arrest of the Rev. Martin Luther King, Jr. for perjury in Alabama was part of a campaign to destroy King's efforts to integrate public facilities and encourage blacks to vote n L. B. Sullivan, the Montgomery city commissioner, filed a libel action against the newspaper and four black ministers who were listed as endorsers of the ad, claiming that the allegations against the Montgomery police defamed him personally. o Question of law n 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 the First Amendment's freedom of speech and freedom of press protections?

Importance n The Court held that the First Amendment protects the publication of all Importance n The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity). Under this new standard, Sullivan's case collapsed. n Just publishing a “defamatory falsehood” is not enough to win a libel case n Writer/publisher must have “actual malice”

New York Times v US (1973) n In what became known as the New York Times v US (1973) n In what became known as the "Pentagon Papers Case, " the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. n Daniel Ellsburg, a federal employee was caught copying the documents concerning the war. When the FBI finally caught up with him in June 1971, he was charged with 12 felonies and faced 115 years in jail. n The President argued that prior restraint was necessary to protect national security. n Pentagon Papers case n Questiono Did the Nixon administration's efforts to prevent the publication of what it termed "classified information" violate the First Amendment?

Importance o The Court ruled against the United States o In its per curiam Importance o The Court ruled against the United States o In its per curiam opinion the Court held that the government did not overcome the "heavy presumption against" prior restraint of the press in this case. o Justices Black and Douglas argued that the vague word "security" should not be used "to abrogate the fundamental law embodied in the First Amendment. " o Justice Brennan reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.

Indecency on Broadcast Media o The precedent was set in of FCC v. Pacifica, Indecency on Broadcast Media o The precedent was set in of FCC v. Pacifica, the 1978 case known for adjudicating George Carlin's so-called "seven dirty words list. “ n The Court ruled that the government has authority to regulate broadcast radio and television differently from other media such as newspapers, and TODAY includes cable television, satellite radio and the Internet. n This is because airwaves belong to the public, there a finite number of channels and frequencies and the unwary viewer or listener has limited control regarding unwanted, indecent content.

FCC v Fox TV Stations (2009) o Facts of the Case o In 2002 FCC v Fox TV Stations (2009) o Facts of the Case o In 2002 -03, Fox Television Stations broadcast the Billboard Music Awards. o During the broadcasts, a musician (Cher) used an expletive in her acceptance speech, and a presenter (Nicole Ritchie) used two expletives. o The Federal Communications Commission (FCC), although it had previously taken the position that such fleeting and isolated expletives did not violate its indecency regime, issued notices of liability to Fox for broadcasting the profane language.

Question of Law o Is the FCC's order imposing liability on for “fleeting expletives” Question of Law o Is the FCC's order imposing liability on for “fleeting expletives” used on Fox, "arbitrary and capricious" based on the FCC's previous acceptance of similar expletives n Bono in 2001 o Does the FCC need to prove that its change in policy is "better" than its prior rule?

Importance of Case o Importance of Ruling n No. The Supreme Court held that Importance of Case o Importance of Ruling n No. The Supreme Court held that the FCC's order was neither "arbitrary" nor "capricious” n No. The FCC need merely prove that its new policy is "permissible" and that there are good reasons for it, as in this case.

FCC v Fox TV Stations (2012) o Facts of the Case o Fox Television FCC v Fox TV Stations (2012) o Facts of the Case o Fox Television once again brought up the case arguing that they had not been given clear instructions or rules prior to the Billboard case. o They then challenged their fine AND restrictions on what they claimed was free speech.

FCC v Fox TV Stations (2012) o Importance o The Court ruled 8 -0 FCC v Fox TV Stations (2012) o Importance o The Court ruled 8 -0 for Fox because clear FCC rules had not been provided. n Justice Kennedy: o When speech is involved, rigorous adherence to those requirements is necessary to ensure that ambiguity does not chill protected speech. These concerns are implicated here because, at the outset, the broadcasters claim they did not have, and do not have, sufficient notice of what is proscribed. o However, Pacifica was not overturned.

“To take apart the system of illusions and deception. . . [is] not a “To take apart the system of illusions and deception. . . [is] not a task that requires extraordinary skill or understanding. It requires…normal skepticism and willingness to apply one's analytical skills that almost all people have and that they can exercise. " —Noam Chomsky

FDR says… Read Chapter 10! FDR says… Read Chapter 10!