Regulation n Gutenberg created moveable type press

Regulation

n Gutenberg created moveable type press Suddenly everybody had access to printed material n Allowed wide-spread opinions and influence n Stimulated demand for literacy n Public opinion molded n

Church and State Noticed the power of the press n Started imposing rules on printing n

The Church n One of the first and most important customers n Said “do it our way or else”

Indulgence

Martin Luther

Martin Luther’s Theses

Thus was born the Protestant Reformation

Naturally, the Catholic Church fought back Started the first propaganda war

Religious broadsides

Luther’s German Bible - 1520

For the Catholic Church printing was considered the enemy Excommunication for writing or reading banned books n Papal Forbidden Books list n

Inquisition

Book burning

People burning

Aristotle 384 BCE – 322 BCE

Galileo Galilei: 1564 - 1642

Siderius Nuncius

Problem with Galileo n Told a new story about how the universe works The Earth is not the center of the universe n Thus, a new story about reality n n Contradicted the Church’s story The Earth is the center of the universe n Church’s authority rested on it always being right n Needed time n

The King n Power was almost absolute n Tended to be thin-skinned n Henry VIII in 1529 – n Banned books he or his advisors didn’t like n 1530 – licensing act for printers

n Governments subsidized printing Gave them a great deal of control over what could be printed n Newspapers were for the elite n Were anything but objective n Supported those who paid for them n

American colonies n Had their own printers

New England Courant

Runaway slave ad

Zenger’s Weekly Journal

Effects of these 3 newspapers a newspaper with popular support could challenge authority n financial independence can lead to editorial independence n government should not control the press because it can stifle the truth n

American Colonies Bradford, Zenger, and Franklin believed they had the right to speak truth to power n Zenger acquitted of libel charges n British Stamp Act – a tax on newspapers, pamphlets, and paper n

The First Amendment Congress shall make no law…abridging the freedom of speech or of the press

Continental Congress -- 1774 n “The importance of [freedom of the press] consists, besides the advancement of truth, science, morality and arts in general, in its diffusion of liberal sentiment on the administration of government, its ready communication of thoughts between subjects, and its consequential promotion of union among them, whereby oppressive officials are shamed or intimidated into more honorable and just modes of conducting affairs. ”

Thomas Jefferson in 1796 n “…were it left to me to decide whether we should have a government without newspapers or newspapers with a government, I should not hesitate a moment to prefer the latter. ”

The First Amendment guarantees not only the government can’t control the press, but the guarantee is “not for the benefit of the press so much as for the benefit of us all. ” Time, Inc. v. Hill

Movies

Early days of movies Movie makers could do whatever they wanted when telling their stories n There were some complaints n Movie makers’ defense was the First Amendment n

Mutual Film Corporation v. Industrial Commission of Ohio 236 U. S. 230 (1915) State of Ohio passed a law forming a censorship board to review and approve all films n Supreme Court declared that movies were a business, not an art, and thus not protected by the First Amendment n Wrote “They may be used for evil” n

Intolerance - 1916

1920 s Post-World War I

A period of cynicism and breaking with traditions following the great upheavals in society caused by World War I.

Movies used more and more of what put butts in the seats – sex and violence

Manslaughter – 1922 orgy scene

1930 s The Great Depression

As a backlash against the openness of the Roaring Twenties, many people in society insisted on censorship

Look at these costumes

Tarzan and His Mate - 1932

Look at these costumes Or lack thereof

The Hays Office Started in 1930 n Run by Will H. Hays n Set standards for movies n n n Adopted from a list devised by Father Daniel Lord, a Jesuit priest Had no effective enforcement

Hays’ 3 Principles 1. 2. No picture shall be produced that will lower the moral standards of those who see it. Hence the sympathy of the audience should never be thrown to the side of crime, wrongdoing, evil or sin Correct standards of life, subject only to the requirements of drama and entertainment, shall be presented.

3. Law, natural or human, shall not be ridiculed, nor shall sympathy be created for its violation. This was followed with specific restrictions

Portrayals of miscegenation were forbidden. n "Scenes of Passion" were not to be introduced when not essential to the plot. "Excessive and lustful kissing" was to be avoided, along with any other treatment that might "stimulate the lower and baser element. " n

n The treatment of "vulgarity, " defined as "low, disgusting, unpleasant, though not necessarily evil subjects" must be "subject to the dictates of good taste. "

n The depiction of illegal drug use was forbidden, as well as the use of liquor, “when not required by the plot or for proper characterization. ”

Look at the Tarzan costumes now after the Hays Office got involved

Joseph Burstyn, Inc. vs. Wilson, 1952 Supreme Court decision overturning Mutual v. Ohio that allowed the censorship of movies because they were a business, not an art form, and “they could be used for evil. ” n This case determined that movies, even if a business, are a form of artistic expression and thus entitled to First Amendment protection. n

Jacobellis v. Ohio, 1964 Ohio tried to ban the film “The Lovers” for obscenity n Supreme Court ruled it wasn’t obscene n n n Only hard-core pornography was obscene Court couldn’t define obscenity

Tarzan the Ape Man

Harold and Kumar Go to White Castle

Cheech and Chong

Radio and Regulation

FCC Act of 1934 n “Nothing in this chapter shall be understood or construed to give the Commission the power of censorship over the radio communications or signals transmitted by any radio station, and no regulation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means of radio communication. ” Section 326

Other Media

Movies n “We have no doubt that moving pictures, like newspapers and radio, are included in the press whose freedom is guaranteed by the First Amendment. ” U. S. v. Paramount Pictures, Inc. , 1948 First Amendment applied to any “significant medium for the communication of ideas. ” Burstyn v. Wilson, 1952

Television n “No rational distinction can be made between radio and television on the one hand the press on the other in affording constitutional protection contemplated by the First Amendment. ” Rosenblum Metromedia, 1969 v.

Prior to radio, communication was point to point n It was one voice reaching one person at a time n Books n Letters n Telegrams n n Movies could reach tens or hundreds at a time, but it required affirmative action on the part of the audience

1932 Democratic Convention

One voice, many ears n For the first time, one voice could be heard by millions of people at a time

John R. Brinkley, MD (? )

Sold the cure for many medical problems, especially sexual problems – Goat Glands Quickly realized the value of radio as an advertising medium

Opened a 1000 watt station in Kansas to promote his “cures” n Was denied a license in 1930 because he didn’t broadcast in the public interest but only for private gain n Appealed on grounds of censorship n Lost the appeal: past programming could be considered without it being considered censorship n

Brinkley opened new station Across the border in Mexico n Programming sent across from the US on phone lines n Pumped out 500, 000 watts – could be heard in Russia n

n Led to new regulations – the Brinkley Act: n Any station broadcasting from Mexico but originating in the US had to be licensed by the US n Put Brinkley out of business

Radio Act of 1927 Created the Federal Radio Commission n Gave government the right to regulate broadcast signals to get rid of chaos on the air n

“Limited natural resource”

What is being regulated? The airwaves n Airwaves consist of a certain segment of the electromagnetic spectrum n

Wavelength- distance between a reoccurring peak of a wave

What is being regulated? n Propagation characteristics- ability of a wavelength to pass through objects n n Longer the wavelength, the less likely it is to be absorbed Certain airwaves are valuable, while others are less valuable

Broadcast is regulated Stations must be licensed to avoid chaos

Radio Act of 1927 n The regulatory part of the Radio Act Require stations to get a license n License would specify the station’s frequency and power n n Prevented overlapping signals

Public ownership of airwaves Print media don’t use anything that’s not privately owned n Broadcast frequencies are the property of the people n Licensee must operate in the public convenience, interest, or necessity n FCC decides what’s “in the public interest” n

Communications Act of 1934 Created the Federal Communications Commission n Replaced the Federal Radio Commission n Licensee must operate in the public convenience, interest, or necessity n Communication treated as Interstate Commerce n Under U. S. Constitution, Section

The FCC can’t censor radio programming or make any regulations that interfere with free speech on radio. Federal Communications Act of 1934, Section 326

Scarcity Airwaves are not only valuable, they’re limited

Media differences Print media audiences must act affirmatively Decide to buy the medium n Actively select what to read n n Broadcast media audiences are “captive” They can’t ignore or bypass that which they’re not interested in, like they can in print media n TV has a major impact on the audience – or does it? n

The Proxy Concept Since the public “owns” the airwaves, licensees are only acting as a proxy for the public n The First Amendment doesn’t prohibit requiring a trustee to do certain things n share frequencies n Act in the public interest n

Four rationales for regulation Public owns the airwaves n Scarcity of airwaves n Differences between print and broadcast media n Proxy concept n

The arrival of cable n No public “ownership” of airwaves n n No airwaves No scarcity of resources n Cable can carry hundreds of channels with no interference No proxy concept n Only the assumption of TV’s effect on the audience n

FCC v. Pacifica, 1978 WBAI aired George Carlin’s “Seven words you can never say on television” n A father complained his 15 -year-old son was in the car with him and heard the routine n Supreme Court by 5 to 4 agreed with the FCC that the routine was indecent and restricted such programming to after 10 pm when children were unlikely to be listening n

Regulating new media n How? n No owners n No central control n No “contemporary community standards” Miller v. California, 1972

Go after ISPs n Require ISPs to block sites Violates First Amendment n ISPs aren’t originators, only conduits n

Copyrights A copyright grants the creator exclusive right to benefit financially from his or her creation n Internet makes copyright violation easy n Copy and share files from CDs and DVDs n Limits consumers use of what they buy n n Digital Millennium Act of 1998 n Makes copying and sharing, or making possible copying and sharing, of copyrighted material illegal

Copyright n Definition: Gives the creator of a piece of work exclusive rights Gives credit where credit is due n Financial benefits n Control over adapting work n Control over performance n n If you make something, you should have control over it and profit from it!

Copyright n First law – 1790 n n n Copyright Act of 1976 n n n Protected for 14 years & could be renewed for additional 14 years Only protected U. S. authors Copyrights would last for 50 years after the author’s death Expanded protections to new media 1998 Digital Millennium Copyright Act n n Copyrights would last for 70 years after the author’s death Copyright protections to materials recorded digitally

Public domain n When intellectual property rights have expired they enter the public domain Shakespeare, classical music, etc. n Don’t need to get permission for clips or samples n n Copyright laws diminishing public domain

Wizard of OZ Published in 1900 n Entered the public domain in 1956 n This has allowed other people to ‘reimagine’ the story n

Disney n Disney made huge profits off of public domain stories

Disney will sue if you create characters resembling the images they created

Benefits of public domain n Create new knowledge & culture n Revamp and retell stories- retell old stories to new audience (and maybe do a better job!) n Access to cultural heritage n Fairy tales, classical music, etc. n Low cost access to information n Books, music, etc. n Enabling competition

Benefits of public domain n Create new knowledge & culture n Revamp and retell stories- retell old stories to new audience (and maybe do a better job!) n Access to cultural heritage n Fairy tales, classical music, etc. n Low cost access to information n Books, music, etc. n Enabling competition

Copyright Exceptions n Fair use: Can use copyrighted material under certain situations Criticism n Commentary n News reporting n Research n Teaching n Parody n

Problems with system Public doesn’t get much in return for giving away the airwaves (or extending copyright) n Rubber stamp for licenses prevents innovation n n No competition

n Result- poor service, less innovation, higher costs Little motivation to be innovative when you know you’re getting the license n In 2013, US ranked 9 th in internet connection speed n Big price differences n n US 500 Mbps- $310 a month n Same speed in Hong Kong is $25 a month

Four points about regulation n 1. Media systems are created by policies and subsidies; they are not ‘natural’

1. Media systems created… n We shape our social systems n n Picked capitalism over socialism Same with media n Current system is commercial system

1. Media systems created… n People weren’t necessarily happy with the proposed commercial system n Do you like advertising? n Advertising has never been popular

Four points about regulation 1. Media systems are created by policies and subsidies; they are not ‘natural’ n 2. First Amendment does not authorize corporate run media system n

n Freedom of press = No regulations n Free speech- right of every individual to speak their mind and not fear the government locking you up for saying things they don’t like n Freedom of the press – That the press can print things without fearing government n Report on things that are important to citizens, even if people in power don’t like it

n Many argue free press means ZERO regulation of airwaves. Regulations seen as an infringement on right to free speech n n This assumes that companies are people Recent court decisions have started to equate money with freedom of speech n n Citizens United Airwaves are heavily regulated n Who does the regulation benefit?

Four points about regulation 1. Media systems are created by policies and subsidies; they are not ‘natural’ n 2. First Amendment does not authorize corporate run, profit motivated media system n 3. American media system is not a free market system n

Ownership & worth Public owns the airwaves (not the media companies) n FCC provides license for companies (and people) to use the airwaves n Licenses are generally free of cost as long as the company (or person) provides a “public service“ n n Industry says they provide 8 BILLION a year in public service programming

How much is given away?

Companies sometimes claim that they only have a narrow slice of the bandwidth n However, only part of the bandwidth is profitable and capable of reaching large audiences n

Ownership & worth n Few instances of the government rejecting a renewal of a license Unlike other industries (e. g. , coal, timber, farming), almost no public revenue generated n Essentially a huge government subsidy n

Other media subsidies n 1. Mail subsidies n Costs less to mail magazines n 2. Film subsidies n Give money to movie studios so they film town, etc. movies in city, n 3. Government spends money on advertising n Tax dollars help generate profits for TV stations n 4. Companies write off advertising as business expense n Tax free

Four points about regulation 1. Media systems are created by policies and subsidies; they are not ‘natural’ n 2. First Amendment does not authorize corporate run, profit motivated media system n 3. American media system is not a free market system n 4. Policy making process is important to understand structure of media system n

Major communication legislation n Radio Act of 1912 n Government would license radio stations n Ships needed to always have someone listening to radio transmissions n Titanic n Airwaves broken into: n 1. Commercial n 2. Government n 3. Amateur (got the worst deal)

Major communication legislation n Radio Act of 1927 n Created the Federal Radio Commission n Limited relation powers n Power to grant licenses n Only regulated profane language n No regulation of advertising n Early equal time provision n Candidates required to have equal access to air time

n Communication Act of 1934 n Creation of the Federal Communication Commission n Communication treated as interstate commerce n This was when there was a big debate about commercial vs. non-commercial programming n Commercial programming deemed to have ample time to broadcast ‘public service’ programming n E. g. , education programming

n Telecommunications Act of 1996 n First government regulation since the 1934 act (62 years) n Loosening of rules on ownership n Stated goal open the markets to anyone & lower costs for consumers n Outcome huge merges

n Before 1996 Telecomm Act n n After n n Up to 8 per market that has 45 stations Before n n Limited to 1 AM and 1 FM station per market One TV station per market After n Two stations per market, if market has 8 TV stations and one of two is not among top 4

n Before n Cannot own a TV station and radio station in market unless it has more than 30 media voices n After n Own up to 2 TV and 6 radio stations if there are 20 independent voices n Before n Cannot own more than one broadcast network n After n Cannot own more than one of four large networks

n Some rules not enforced n Increased amount of people a company could reach with TV stations from 25 to 35 percent n FOX and CBS currently reach about 40 percent n Cable and satellite operators can’t reach more than 30% of U. S. households n Rule suspended by FCC in 2001

n n Study from 2005 Cable prices up 40 percent since 1996 n n Well ahead of the Consumer Price Index 98 percent of homes only have access to one cable provider

Contextual Influences

Influences on content n When thinking about media content, what sort of things influence what we see, hear, read, etc. ?

Influences on content n Five levels

1. Individual level n Four areas of focus: A. Characteristics (age, gender, race, etc. ) n B. Personal and professional background (e. g. , education) n n Executives tend to have more education, which is probably a good thing

1. Individual level n C. Personal attitudes (e. g. , political ideology) Liberal journalist = liberal media n Conservative owners = conservative media n

1. Individual level n D. professional roles Journalists- cover an a story accurately and with as little bias as possible n Owner – goal is to make money for company and stock holders n n E. g. , The Simpsons and FOX n Profits are the underlying goal

2. Routines n All organizations need routines to function n Allows individuals in the organization to complete tasks n Goal is to make profit n Process is that n 1. Media must obtain and process ‘raw product’ (news, comedy, etc. ) n 2. Obtain product from suppliers (playwrights, directors) n 3. Deliver it to consumers

Routines help answer the following… n What is acceptable to the audience? n What can the audience understand? n Often results in reliance on things the audience understand/feels comfortable with n E. g. , stereotypes n This has changed as fragmentation has increased n What was once unacceptable on the networks is acceptable on cable (e. g. , South Park)

Routines help answer the following… n What are other media outlets doing? n Another routine is to follow the lead of other media n Copy hit shows

3. Organizational influences Media organizations today largely concerned with profits n Proliferation of mega-media n 1984: 50 media corporations n 1992: 23 n 1997: 10 n Today: 5 n

Big media n n n Media diversity & democracy Number of media companies that combined control more than 50% of U. S. Media Bagdikian predictions 2004 n Time Warner n Disney n Viacom n Bertelsmann n News Corporation

Consequences of mergers Vertical integration: controlling all aspects of a media project from production, distribution, promotion etc. n Synergy: Combining the strengths of different companies n Convergence: Different media begin to perform similar tasks n

General Electric/NBC/Comcast Sales of $157 billion in 2009 n Started as RCA n 1926 created NBC n n Blue & Red 1985 GE bought RCA & NBC n 2004 bought Vivendi Universal n Comcast merger (own 51 % of company) n

Disney n n Sales of $36. 1 billion in 2009 Started in 1928 w/ Mickey Mouse cartoons n n 1937 – first animated movie 1950 s – live action & documentaries International – approximately 25% of earnings Ideal example of synergy n Cross promotion

News Corporation Sales of $30. 4 billion in 2009 n Vertical integration n Owns both the mean of production and distribution n Create movies through 20 th Century Fox n Sell DVDs through 20 th Century Fox n Broadcast on FOX, then again on FX n

Time Warner n n n Sales of $25. 8 billion in 2009 Started with Time Magazine in 1922 (Henry Luce) Synergyn Warner Brothers movies (e. g. , Batman) n First run on Time Warner cable On Demand n HBO gets movie next n Shifts to cable TNT or TBS n First run on TNT and TBS means they get higher ratings, which means more cable companies want to carry stations. Bigger audience means they raise ad revenue n All of this adds up to revenue for Time Warner

Viacom & CBS n n n Sales of $13. 6 and $13 billion in 2009 Twists of history n Viacom – film production unit in CBS n 1971 forced to spin off by federal regulations n 1999 Viacom bought CBS 2005 Viacom & CBS technically split

Other players n Clear Channel 850+ radio stations (over 1, 200 in 2005) n 900, 000 billboards n n Gannett n n USA Today, 85 daily newspapers, 850 nondaily pubs, and 23 TV stations New media giants n Google, Apple, Yahoo

Influence n Characteristics of organization n Hands off vs. hands on n In Plain Sight n Disagreement between USA executives and producers results in producers leaving show n Show changes as a result n Less emphasis on personal life n More upbeat, less dark

4. External pressures n Source pressure- Big organizations with power can garner greater coverage You vs. WSU n Corporations can get their voice heard n n Interest group pressure Focus on the Family, American Family Association, Christian Parents Television Council - Promote ‘family values’ n Campaigns to voice opinion n

n Advertisers- Threaten to pull money from program Fewer stories about car accidents, negative effects of tobacco n More than 75% of editors said advertisers have threatened to pull money (Australia) n 90% have felt pressure in U. S. n

5. Ideology n n Ideology is a formal and articulated system of meanings, values and beliefs…that can be abstracted as ‘worldviews. ’ US ideology: n n n Economic- capitalism, private ownership, free markets Political- liberal democracy, people have equal worth These values are articulated and reaffirmed in media

Influences on content n Five levels