SAVING THE NEWS

The federal government has a moral and constitutional right to regulate digital platforms.

In the latest installment of the publisher’s Inalienable Rights series, longtime Harvard Law School professor Minow offers a cogent analysis of the contemporary news ecosystem along with suggestions for much-needed reforms. Newton Minow, former chairman of the Federal Communications Commission and the author’s father, notes in his preface that “two words—public interest—are disappearing from communications policy.” With the dominance of digital sources, he adds, speech has become so democratized “that no one can be heard, bad actors flood social media, and democratic deliberation is damaged.” The author identifies major problems in news access, such as the declining roles of professional journalists and news outlets; the rise of “foreign actors, bots, and manipulative interests” on digital platforms; and the turning over of editorial activity to algorithms. Without reforms, she writes, “access to information, checks on falsehoods, government accountability, and journalism exposing corruption and other abuses of power are all in severe jeopardy.” The Constitution does not preclude governmental intervention, she asserts; “the First Amendment constrains Congress from abridging the freedom of the press and the freedom of speech, but it does not bar actions to strengthen them.” At present, antitrust law, tax law, government subsidies, intellectual property law, and libel and defamation laws all coexist with the First Amendment. Minow examines a series of possible reforms, including requiring payment for news circulated on social media, to help support journalists and editors; curtailing immunity of platforms such as Google and Facebook to liability suits; regulating large digital platforms as public utilities; enforcing terms of service agreements to guard against fraud and deception; regulating and enforcing fraud protections; and supporting nonprofit consumer-protection efforts and nonprofit news sources. Acknowledging that “no one initiative would be sufficient,” Minow underscores the urgency of restoring public interest to communications policy.

Thoughtful proposals for protecting the integrity of news.