Media Concentration and Democracy: Why Ownership Matters

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Cambridge University Press, Dec 11, 2006 - Political Science - 256 pages
Firmly rooting its argument in democratic and economic theory, the book argues that a more democratic distribution of communicative power within the public sphere and a structure that provides safeguards against abuse of media power provide two of three primary arguments for ownership dispersal. It also shows that dispersal is likely to result in more owners who will reasonably pursue socially valuable journalistic or creative objectives rather than a socially dysfunctional focus on the 'bottom line'. The middle chapters answer those agents, including the Federal Communication Commission, who favor 'deregulation' and who argue that existing or foreseeable ownership concentration is not a problem. The final chapter evaluates the constitutionality and desirability of various policy responses to concentration, including strict limits on media mergers.
 

Contents

Why
5
THE THREE MAIN REASONS FOR OPPOSING
6
use his Germanys first media conglomerate to substantially aid Hitlers
19
conditions of great uncertainty If she reasonably concludes that the
26
is that often their profitability is predicated precisely on their
48
Many Owners Many Sources
54
either a much more radically reformulated antitrust law or more
60
can only be obtained politically through laws or government
76
is constitutionally required in some Western European countries6 In
125
overall quantity quality and diversity of speech27 He argues that
129
embody an explicit textual constitutional command it is the
130
case that might support such strong rights did not use
138
Thus someone who wants a law invalidated regularly attributes to
142
on her protected politically salient speech An absence of subsidized
152
Solutions and Responses
163
FLAWED REGULATORY LIMITS ON OWNERSHIP
165

The Market or the Internet
88
THE INTERNET AS A SOLUTION
97
reduced although not eliminated since even those in charge
182

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Page 5 - Burke said there were Three Estates in Parliament ; but, in the Reporters' Gallery yonder, there sat a Fourth Estate more important far than they all. It is not a figure of speech, or a witty saying ; it is a literal fact,— very momentous to us in these times.

About the author (2006)

C. Edwin Baker is the Nicholas F. Gallicchio Professor of Law at the University of Pennsylvania Law School and has been on the faculty at Penn since 1981. He also taught at NYU, Chicago, Cornell, Texas, Oregon, and Toledo law schools and at Harvard's Kennedy School of Government, and he was a staff attorney for the ACLU. He is the author of three earlier books: Media, Markets, and Democracy (Cambridge University Press, 2002), which won the 2002 McGannon Communications Policy Research Award; Advertising and a Democratic Press (1994); and Human Liberty and Freedom of Speech (1989). He has written more than fifty academic articles about free speech, equality, property, law and economics, jurisprudence, and the mass media, in addition to occasional popular commentary.

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