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Index

Published online by Cambridge University Press:  16 May 2024

Edited by
Kyle Langvardt  and
Justin (Gus) Hurwitz
Kyle Langvardt
Affiliation:
University of Nebraska, Lincoln
Justin (Gus) Hurwitz
Affiliation:
University of Pennsylvania Law School

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Chapter
Information
Media and Society After Technological Disruption , pp. 281 - 294
Publisher: Cambridge University Press
Print publication year: 2024
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

Index

Abbing, Roel Roscam, 184, 189
Abiri, Gilad, 23
Abrams v. United States, 135–136
abuse. See brokered abuse
ActivityPub, 130, 178, 181–182
actual-malice standards, for defamation, 81
administrative transparency, 116–117
advertising caps, for newspapers, 275–278
All Channel Receiver Act, U.S. (1962), 205
Alterman, Eric, 137
alternate financing mechanisms, trust in media through, 12
digital tax structures and, 12
American Law Institute, 66
annoyance, through brokered abuse, 123
anti-abuse laws, 116
Associated Press (AP), 223–226
advantages of, 230–232
competitive advantage of, 224
hot news doctrine of, 225–226
International News Service v. AP, 225–227, 232, 236–239
Inter-Ocean Publishing Co. v. Associated Press, 224
Stone and, 225–226
AT&T, as monopoly, 261–262
audience capture, 18
The Aurora, 39
Australia
link tax in, 220, 222–223, 228–229
critics of, 223
long-term effects of, 240–241
News Media and Digital Platforms Mandatory Bargaining Code, 220
newspapers in, 221–223, 230–232
Murdoch business model for, 233–234
online classified ad revenues for, 221–222
revenue problems for, 221–222
Bache, Benjamin Franklin, 39
BACT. See best-available control technology
“bad speech,” 131
filtering of, 132
Bambauer, Jane, 6, 18–34. See also newsgathering
behavioral norms, trust in media institutions through, 12–15
demonstrated humility, 14–16
demonstrative neutrality, 14
fact-checking, 13
transparency, 14
Benkler, Yochai, 9, 20, 226, 235–236
Berisha v. Lawson, 73–75
Gorsuch dissent in, 88–89
Berners-Lee, Tim, 228–229
best-available control technology (BACT), 144
Bhagwat, Ashutosh, 5–6, 19–20. See also gatekeepers
Biden, Hunter, 44–45, 188–189
big data, legal responsibility and, 173–175
“big four,” in social media, 43–44
boundary-work, in journalism, 60
boyd, danah, 13–14
Boyer, Amy, 112, 114
Bozell, Brent, 137
Brandeis, Louis (Justice), 46, 227
Breitbart, 20
broadcast-regulation cases, 142
brokered abuse
Boyer and, 112, 114
in California
California Consumer Privacy Act, 118
data disclosure restrictions, 120–121
stalking restrictions in, 115
conceptual approach to, 112
data privacy laws, 118
First Amendment and, 115–116
gatekeeper rights, 117–118
Global Privacy Control, 120
harms of, 121–125
annoyance, 123
extrinsic, 122–125
intrinsic, 121–122
isolation, 122
trauma, 123–125
liability for conspiracy in, 115
regulatory responses to, 114–121
anti-abuse laws, 116
data collection limitations, 117–119
data disclosure restrictions, 119–121
mandating transparency, 116–117
prohibition of abusive acts, 114–116
victims’ participation in, 116
risk of, 122
stalking, 115
under California law, 115
under Stored Communications Act, 118
transparency and, 116–117
administrative, 116–117
popular, 117
soft-touch, 117
targeted, 117
Youens and, 111, 114
Buffett, Warren, 231, 265
Bureau of Justice Statistics, 31–32
Bureau of Labor Statistics, 31–32
business and finance models
audience capture as element of, 18
trust in media through, 12
digital tax structures and, 12
California
brokered abuse in
California Consumer Privacy Act, 118
data disclosure restrictions, 120–121
stalking restrictions in, 115
stalking in, 115
California Consumer Privacy Act (2018), 118
Canan, Penelope, 68–69
Carey, James, 55
Carlson, Tucker, 18, 23, 41–42
Carroll, Erin, 6–7, 16–17, 40
on data collection by news media, 10–11
definition of news for, 19
Cass-Gottlieb, Gina, 234
Castaneda v. Olsher, 165
CBS Evening News with Walter Cronkite, 37–38
censorship
enclosure of information and, 238–240
property rights and, 238–240
Census Bureau, 31–32
Chan, Sharon, 54
channel capacity, 133–135
by communications medium, 133
Shannon on, 133, 135
Charles, Guy-Uriel, 16–17
“cheap speech,” 66
Gorsuch critique of, 76
revolution in, 69
Cheap Speech Revolution, 69
Child Sexual Abuse Material (CSAM), 155
Citizen United case, 217
closed protocols, in internet, 179
CNN, 38
Code of Ethics (Society of Professional Journalists), 21, 39
Coe, Peter, 15–16
Columbia Journalism Review, 55
commercial property owners, legal responsibilities for, 174–175
common-law traditions, defamation laws and, 67, 71, 76–77
Communications Act, U.S. (1934), 203
Communications Decency Act, U.S. (1996), 69–70, 92–93, 132, 230
content moderation under, 192
speech regulation under, 145–146, 148
community-centered journalism, 48, 54, 56
promotion of, 60
Solutions Journalism Network, 55
Community-Centered Journalism (Wenzel), 54
confrontation of assumptions, in newsgathering, 27–29
consensus reality, lack of, 42–43
constitutional law. See also First Amendment
defamation laws and, 67–68, 70–71, 87, 97
under First Amendment, 64, 67–68
Fourteenth Amendment, 67–68
Gorsuch on, 72–73
Fourteenth Amendment, 67–68
subsidized media and, 248–256
subsidies as public forum, 248–250
trust in media institutions under, 11–12, 15–16
First Amendment context, 11–12
content moderation
under Communications Decency Act (Section 230), 192
in community guidelines, 150–151
on Facebook, 151–152, 188–189
conceptual approach to, 150–151, 177–178
enforcement mechanisms and rules, 151
differences in, 158–159
on Facebook, 152–153
implementation of, 159
transparency in, 159
under EU Digital Services Act, 191
on Facebook, 151–153
Community Standards for, 151–152
enforcement mechanisms, 152–153
on Fediverse, 184–190
benefits of, 186–190
content-moderation subsidiarity, 182–183
drawbacks of, 186–190
with filter bubbles, 189
Mastodon project, 184–187, 190–191
regulatory policies for, 191–192
platform governance and, 129–130
policies for
differences in, 157–158
violations of, 151
on Reddit, 155–156
for sexual content, 160
for Child Sexual Abuse Material, 155
on TikTok, 155
speech regulation and, 146–147
on TikTok, 154–155
for Child Sexual Abuse Material, 155
on YouTube, 153–154
on Zoom, 156–157
“Contract with America,” 42
Cooper, Kent, 237
Corporation for Public Broadcasting (CPB), 201–202
Cosby, Bill, 72–73
COVID-19 pandemic
misinformation about origins of, 45
newsgathering during, 19
CPB. See Corporation for Public Broadcasting
Cronkite, Walter, 5–6, 37–38, 44
CSAM. See Child Sexual Abuse Material
Curious City, 54
Daily Memphian, 244
data brokers. See also brokered abuse
as abuse enablers, 125
as information traffickers, 112–114
accessibility and, 113
consumer benefits, 113–114
privacy and, 112–113
transparency in, 113
data collection
brokered abuse and, 117–119
Carroll on, 10–11
by news media organizations, 10–11
data disclosure, restrictions on, 119–121
data privacy laws, 118
data repositories, for newsgathering, 31–32
Bureau of Justice Statistics, 31–32
Bureau of Labor Statistics, 31–32
Census Bureau, 31–32
decentralization
of Fediverse, 183–184, 187, 190–192
of social media, 178–184
defamation laws, defamation and
actual-malice standards for, 81
American Law Institute on, 66
Berisha v. Lawson, 73–75
Gorsuch dissent in, 88–89
“cheap speech” and, 66
Cheap Speech Revolution, 69
Gorsuch critique of, 76
common law and, 67, 71, 76–77
under Communications Decency Act, 69–70, 92–93
conceptual approach to, 63–65
constitutional law and, 67–68, 70–71, 87, 97
under First Amendment, 64, 67–68
under Fourteenth Amendment, 67–68
Gorsuch on, 72–73
decline in lawsuits, 72
development of, 64
disinformation and, 89–93
function of press for, 96–97
Gorsuch on crisis of, 97
on social media, 90–96
Dominion Voting Systems case, 81–82
function of press under, 93–97
disinformation and, 96–97
propaganda feedback loop and, 96–97
Gorsuch critique of, 67, 71–84, 89–93
Berisha v. Lawson, 88–89
on “cheap speech,” 76
through constitutional reform, 72–73
on crisis of disinformation, 97
on reconsideration of New York Times v. Sullivan, 73, 75–76, 85–86
high-profile cases, 71–72
internet and, 69–70
legal costs under, 93
libel under, 71
limitations of, 80–81
Media Law Resource Center data on, 71–72
methodological approach, 64–65
New York Times v. Sullivan, 67–68, 72–74, 82–83
case elements, 86–87
Supreme Court reconsideration of, 73, 75–76, 82–83, 85–86
privacy laws compared to, 63
reform of, 66–67, 89–93
critiques of, 67, 71–84
future approaches to, 83–84
history of, 67–71
Restatement of Defamation Law, 66
under Restatement (Second) of Torts, 64, 66, 69
scope of, 63
slander under, 71
Smartmatic case, 81–82
social media and, 90–96
statutory law and, 67, 70–71
Strategic Lawsuits Against Public Participation, 68–69
Stratton Oakmont, Inc. v. Prodigy Servs. Co., 69–70
Thomas critique of, 72–74
on reconsideration of New York Times v. Sullivan, 73
tort law and, 77
democracy, public trust in journalism as influence on, 60
Democracy Fund, 55
demonstrated humility, for media institutions, 14–16
demonstrative neutrality, 14
Department of the Air Force v. Rose, 104
Depp, Johnny, 72, 78
Detroit Free Press v. Department of Justice, 100–101
digital almanacs, 31–32
Digital Services Act, EU (2022), 191
digital tax structures, 12
disclosure. See data disclosure
disinformation
defamation laws and, 89–93
function of press with, 96–97
Gorsuch on crisis of disinformation, 97
on social media, 90–96
Disraeli, Isaac, 227
distrust
as comparative concept, 8
as episodic, 8
Doe v. McMillan, 103–104
Dominion Voting Systems defamation case, 81–82
Donovan, Joan, 13–14
Dorsey, Jack, 178, 181. See also X
Dotson, Taylor, 13
ECJ. See European Court of Justice
Edelson, Laura, 129–130
Education Lab, 54
educational requirements, for local television news, 200–203
Educational Television Facilities Act, U.S. (1962), 201
Elements of Journalism, 21
The Elements of Journalism (Kovach and Rosensteil), 48, 53
Ely, John Hart, 11
email systems, 164–167
employee background checks, as legal responsibility, 173–174
enclosure, of information, 226–228
censorship and, 238–240
hot news doctrine and, 226–227
hyperlinks and, 229
link tax and, 226–227
property rights and, 227–228
engagement journalism, 48, 54–56
Education Lab, 54
Epstein, Richard, 227
Estate of Campagna v. Pleasant Point Properties, LLC, 166–167
European Court of Justice (ECJ), privacy laws in, 105
extrinsic harms, of brokered abuse, 122–125
face surveillance, 122
Facebook, 22
content moderation policies on, 151–153, 188–189
Community Standards for, 151–152
enforcement mechanisms, 152–153
fact-checking, trust in media institutions through, 13
Fairness Doctrine (FCC), 39
repeal of, 40–41
fair-use rights, 230
Faris, Robert, 9
Federal Communications Commission (FCC), 37
Communications Act and, 203
Fairness Doctrine, 39
repeal of, 40–41
local television news guidelines, 200–201, 203–205
Low Power Television Service, 200–201
Fediverse
ActivityPub, 130, 178, 181–182
applications of, 181–184
content moderation on, 184–190
benefits of, 186–190
content-moderation subsidiarity, 182–183
drawbacks of, 186–190
with filter bubbles, 189
Mastodon project, 184–187, 190–191
regulatory policies for, 191–192
decentralization of, 183–184, 187, 190–192
definition of, 178
filter bubbles, content moderation with, 189
First Amendment, 1
brokered abuse and, 115–116
Communications Decency Act and, 132
defamation laws under, 64, 67–68
New York Times v. Sullivan, 56–57, 64
newsgathering and, 25
for newspapers, 278–279
platform governance and, 129
social media and, 44
speech regulation under, 136, 138, 142–143
subsidized media under, 256–258
trust in media and, 11–12
Florida Star v. B.J.F., 109
FOIA. See Freedom of Information Act
Fox News, 23, 38
Dominion Voting Systems defamation case, 81–82
political partisanship and, 18, 41
Smartmatic defamation case, 81–82
Frances v. Kings Park Manor, Inc., 166
Franks, Mary Anne, 60
free speech, theories of, 46
Freedom of Information Act (FOIA), U.S. (1966), 51–52
Frydenberg, Josh, 221
Gadja, Amy, 64–65
gatekeepers, in media
brokered abuse by, 117–118
conceptual approach to, 35
definition and scope of, 35
institutional media, 36–38
commercial radio, 36
newspapers, 36
television networks, 36–38
new, 42–46
lack of consensus reality and, 42–43
social media and, 43–45
newspapers
as institutional media, 36
objectivity of, 38–39
objectivity of, 38–40
in newspapers, 38–39
Society of Professional Journalists’ Code of Ethics, 39
in television networks, 39–40
old, 36–42
collapse of, 40–42
overview of, 46
political tribalism through, 20
public role of, 35
social media and, 41
as new gatekeeper, 43–45
television networks
as institutional media, 36–38
objectivity of, 39–40
Germany, property rights in, 229–230
Gieryn, Thomas, 60
Giffords, Gabby, 79–80
Gill v. New York City Housing Authority, 166
Gingrich, Newt, 42
Global Privacy Control, 120
“Goldilocks zone,” for newspapers, 243
“good speech,” 131
Gorsuch, Neil (Justice), 64
critique of defamation laws, 67, 71–84, 89–93
Berisha v. Lawson, 88–89
on “cheap speech,” 76
through constitutional reform, 72–73
crisis of disinformation and, 97
reconsideration of New York Times v. Sullivan and, 73, 75–76, 85–86
government speech, 253–256
graded prediction tools, for newsgathering, 28–30
Grant, Adam, 13
Greeley, Horace, 39, 225, 237
Gurri, Martin, 24
Hardin, Russell, 8
Hartzog, Woodrow, 121
Heard, Amber, 72
Hearst, William Randolph, 36, 38–39, 224–225, 237
Hirschman, Albert, 183
Holmes, Oliver Wendell, 6, 25
free speech theory, 46
hot news doctrine, 195–196, 220
of Associated Press, 225–226
enclosure of information and, 226–227
property rights and, 236–237
Stone on, 227, 232
Hotelling theory, 20
The Huffington Post, 231–232
humility. See demonstrated humility
The Huntley-Brinkley Report, 37
hyperlinks
enclosure of information and, 229
link tax and, 228–229
incompetence, of media, perceptions of, 10–11
inductive reasoning, trust in media institutions and, 8
information asymmetries, 138–139
information overload, 138. See also “too much information”
information theory, 133–135
for Shannon, 132–133
social media and, 132
“too much information” concept, 132
information trafficking. See also disinformation
by data brokers, 112–114
accessibility and, 113
consumer benefits, 113–114
privacy and, 112–113
transparency in, 113
institutional media. See also newspapers; television networks; traditional news media; trusted communicators
future survival of, 195–197
as gatekeepers, 36–38
commercial radio, 36
newspapers, 36
television networks, 36–38
institutional performance model, for journalism, 50
interactive news media, 27
newsgathering through, 31
International News Service v. AP, 225–227, 232, 236–239
internet
closed protocols, 179
defamation laws and, 69–70
global implications of, 1
history of, 179–181
newsgathering through
as source material, 21
targeted news feeds, 22
of true-but-misleading information, 21–23
newspapers challenged by, 266–267
open protocols, 179
early challenges to, 179
Internet of Things, 171–173
internet postage, 263–264, 272–275
Inter-Ocean Publishing Co. v. Associated Press, 224
intrinsic harms, of brokered abuse, 121–122
irresponsibility, legal. See also responsibility; Reverse Spider-Man principle
complicity limits and, 167–168
email systems, 164–167
landlords, 165–167
limits on private companies, 168–170
social media companies, 170
moral norms and, 169, 175
telephone and telegraph companies, 163–164
isolation, through brokered abuse, 122
Itsovitch v. Whitaker, 99
Jarvis, Jeff, 235–236
Jones, Alex, 23, 72
Jones, RonNell Andersen, 58–59, 64
journalism, journalists and, public trust in. See also specific topics
boundary-work in, 60
community-centered, 48, 54, 56
promotion of, 60
Solutions Journalism Network, 55
defamation laws and, 93–97
disinformation and, 96–97
propaganda feedback loop and, 96–97
definition and purpose of, 50
deliberation in public squares and, 52–56
democracy influenced by, 60
The Elements of Journalism, 48, 53
engagement, 48, 54–56
engagement, Education Lab, 54
institutional performance model for, 50
Marshall Project, 108
national, 60
primary purpose of, 50
privacy right for mug shots and, 107–110
public interest journalism, 221
in public surveys, 52–53
role of law in, 56–59
under Freedom of Information Act, 51–52
in state legislatures, 59
social, 48
social, as movement, 55
Society of Professional Journalists and, 21, 39
Society of Professional Journalists and, Code of Ethics for, 21, 39, 204
watchdog, 48
under Freedom of Information Act, 51–52
New York Times, 50
public trust in, 49–52
Supreme Court cases and, 49–52
by Washington Post, 50
Joyce v. York, 99
Kadri, Thomas, 65
Keller, Bill, 231
Kennedy, Robert F., Jr., 41–42
King, Martin Luther, Jr., 82
Klobuchar, Amy, 43
knowledge. See gatekeepers; trusted communicators
knowledge gaps, 13
Kovach, Bill, 48, 53
landlords, 165–167
law. See also specific topics
role in journalism, 56–59
under Freedom of Information Act, 51–52
through state legislation, 59
trust in media institutions through, 15–16
constitutional law, 11–12, 15–16
constitutional protections, 15–16
purpose of law, 15
Lee, Laurie Thomas, 195, 247
libel laws, libel suits and
defamation laws and, 71
goals of, 79
New York Times and, 79–80
by state, 86
Trump and, 72–73
Lidsky, Lyrissa, 64
link tax, 195–196. See also hot news doctrine
in Australia, 220, 222–223, 228–229
critics of, 223
long-term effects of, 240–241
enclosure of information and, 226–227
hyperlinks and, 228–229
property rights and, 236–238
quasi-property and, 228
listeners’ rights, 138
local journalism, 26
local television news
advertiser demand for, 210–215
loss of revenues, 214–215
All Channel Receiver Act, 205
commitment to localism, 203–205
consumer demand for, 210–215
Corporation for Public Broadcasting and, 201–202
under Educational Television Facilities Act, 201
FCC guidelines for, 200–201, 203–205
Low Power Television Service, 200–201
Multichannel Video Programming Distributors, 212, 218
National Telecommunications and Information Administration, 201–202
newspapers compared to, 199–215
Public Broadcasting Act, 201
regulation of, 199–207
educational requirements, 200–203
local requirements, 200–203
ownership limits, 203
protectionist rules, 205–207
public interest requirements, 203–205
revenue model for, 215–218
under Saving Local News Act, 202, 217
success of, 199–215
analysis of, 215–218
sustainability of, 215
technical advantages of, 207–210
localism
commitment to, 203–205
of subsidized media, 251–252
Los Angeles Times, 47, 49
Low Power Television Service (LPTS), 200–201
Macauley, Thomas Babington, 227
Mansoux, Aymeric, 184, 189
marketplace of ideas concept, speech regulation in, 135–136, 148–149
Marshall Project, 108
Mastodon project, 184–187, 190–191
Matzko, Paul, 195–196
McCarthy, Joseph, 37
McChesney, Bob, 258–259
McKee v. Cosby, 72–73
media. See also subsidized media; specific topics
definition and scope of, 9
media law, 1
Media Law Resource Center, 71–72
Meta (company). See Facebook
Miami Herald Publishing Co. v. Tornillo, 56–57
microtargeting, trust in media and, 11, 13
Mills v. Alabama, 56
mind-switching facts, 28–31
Minow, Martha, 15, 26
on social media, 15
monopolies
AT&T as, 261–262
newspapers as, 265–269
ruinous competition and, 268
Moore, Roy, 71–72
moral norms, 169, 175
mug shots, privacy rights for, 99–107
access limitations, 107
Department of the Air Force v. Rose, 104
Detroit Free Press v. Department of Justice, 100–101
Doe v. McMillan, 103–104
future approaches to, 108–109
Itsovitch v. Whitaker, 99
journalism reforms, 107–110
Joyce v. York, 99
Paul v. Davis, 101, 103
public right to know and, 100
on Smoking Gun website, 98–99
on television shows, 106
Times Picayune Publishing Group v. United States Department of Justice, 102–103
United States Department of Justice v. Reporters Committee for Freedom of the Press, 104
Multichannel Video Programming Distributors (MVPD), 212, 218
Murdoch, Rupert, 228–229, 270
link tax and, 234–236
newspaper business model, 233–234
consolidation strategy, 234–236
Murrow, Edward R., 37, 41–42, 231
Murrow-Cronkite Effect, 40
Musk, Elon, 181, 190–191. See also X
MVPD. See Multichannel Video Programming Distributors
The Nation, 239
National Endowment for the Arts v. Finley, 254–256
National Telecommunications and Information Administration (NTIA), 201–202
Nebraska Press Association v. Stuart, 51
Neff, Timothy, 245
negative speech, 139, 143
new gatekeepers, 42–46
lack of consensus reality among, 42–43
social media and, 43–45
New York Herald, 39
New York Times, 20, 27, 33, 36
libel lawsuits against, 79–80
objectivity goals of, 38–39
operational losses, 233
revenue declines for, 231
on social media, 43
New York Times Co. v. United States, 51
New York Times v. Sullivan, 56–57, 64
defamation law and, 67–68, 72–74, 82–83
case elements, 86–87
Supreme Court reconsideration of, 73, 75–76, 82–83, 85–86
New York Tribune, 39
news. See also local journalism; news media; newsgathering; specific topics
definition of, 19
news consumers, personal choice for news sources, 1
news deserts, 242
news media. See also specific topics
audience capture and, 18
data collection on consumers, 10–11
as ecosystem, 9
fragmentation of, 268, 272–273
interactive, 27
practices of freedom for, 16–17
social media as, 9
social purpose of, 9
News Media and Digital Platforms Mandatory Bargaining Code, in Australia, 220
news producers, competition between, 21–22
newsgathering
competition between news producers, 21–22
conceptual approach to, 18
during COVID-19 pandemic, 19
data repositories, 31–32
Bureau of Justice Statistics, 31–32
Bureau of Labor Statistics, 31–32
Census Bureau, 31–32
digital almanacs, 31–32
Elements of Journalism, 21
First Amendment theory and, 25
future directions for, 25–26
Hotelling theory, 20
human element of, 23–25
hypertargeting by news organizations, 22
through interactive media, 31
through internet
source material, 21
targeted news feeds, 22
of true-but-misleading information, 21–23
self-guiding tools for, 26–33
confrontation of assumptions, 27–29
definition of mind-switching facts, 28–31
graded prediction tools, 28–30
infrastructure for, 31–32
simulations, 30–31
wagers, 29–30
with social media, 22
through targeted news feeds, 22
by news organizations, 22
of true-but-misleading information, 18–23
through internet, 21–23
proportionality problem, 19–21
Newspaper Preservation Act, U.S. (1970), 203
newspapers, as traditional news source. See also specific newspapers
in Australia, 221–223, 230–232
online classified ad revenues for, 221–222
revenue problems for, 221–222
decline of, 198–199
disruption to gatekeeper status, 1, 198–199
as gatekeeper
as institutional media, 36
objectivity of, 38–39
“Goldilocks zone” for, 243
industry response of
to internet challenges, 266–267
to news competition, 271–272
to social media, 269–271
local television news compared to, 199–215
as monopoly, 265–269
under Newspaper Preservation Act, 203
Society of Professional Journalists’ Code of Ethics, 21, 39
strategies to save industry, 261–264, 280
advertising caps, 275–278
First Amendment issues, 278–279
internet postage, 263–264, 272–275
Newton, Kenneth, 50
Nixon, Richard, 50
noise-regulation cases, 142
noisy speech externalities. See also speech regulation
“bad speech,” 131
filtering of, 132
channel capacity, 133–135
communications medium and, 133
Shannon on, 133, 135
conceptual approach to, 131–133
“good speech,” 131
legal responses to, 144–145
best-available control technology, 144
pollution control, 146
negative, 139, 143
Posner on, 137, 139
signal-to-noise ratio, 132–133
command and control rules, 144
technical responses to, 143–144
social media and, 140
X (Twitter), 141, 147–148
Norris, Pippa, 50
Norton, Helen, 5–6, 8–17, 40. See also trust
NTIA. See National Telecommunications and Information Administration
Nunes, Devin, 71–72
objectivity, of gatekeepers, 38–40
newspapers, 38–39
Society of Professional Journalists’ Code of Ethics, 39
television networks, 39–40
Och, Adolph, 36, 38–39
old gatekeepers, in media, 36–42. See also institutional media; traditional news media
collapse of, 40–42
online classified ad revenues, for Australian newspapers, 221–222
online criminal arrest information, privacy rights and, 108–109
public opinion on, 109
open protocols, on internet, 179
early challenges to, 179
Overdoing Democracy (Talisse), 56
Packingham v. North Carolina, 57
Palin, Sarah, 71–72, 79–80
partisanship, political
Fox News and, 18, 41
gatekeepers’ role in, 20
trust in media influenced by, 9
Paul v. Davis, 101, 103
PeerTube, 182
Pentagon Papers, 50
Pickard, Victor, 245
Pitney, Mahlon, 239
platform design, trust in media institutions through, 12–15
self-interest and, 10–11
platform governance
ActivityPub, 130
content moderation and, 129–130
Fediverse and, 130
First Amendment and, 129
Reverse Spider-Man principle, 130
political partisanship. See partisanship
PolitiFact, 94
pollution control, 146
popular transparency, 117
Posner, Richard, 137, 139
Postal Service v. Council of Greenburgh Civic, 278–279
practices of freedom, 16–17
the press. See journalism; news media; newspapers
Pring, George, 68–69
privacy laws, privacy rights and. See also mug shots
conceptual approach to, 63–65
data, 118
data brokers and, 112–113
defamation laws compared to, 63
in European Court of Justice, 105
Florida Star v. B.J.F., 109
methodological approach, 64–65
for online criminal arrest information, 108–109
public opinion on, 109
scope of, 63
under Second Restatement of Torts, 105, 108–110
“Streisand Effect” and, 116
private subsidized media, 245–248
direct subsidies for, 247–248
propaganda feedback loop, defamation and, 96–97
property rights
censorship and, 238–240
fair-use rights, 230
in Germany, 229–230
hot news doctrine and, 236–237
information and, 227–228
link tax and, 228, 236–238
proportionality problem, 19–21
Prosser, William, 66
Public Broadcasting Act, U.S. (1967), 201
public forum, subsidized media as
constitutionality of, 248–250
limitations of public forum, 253
localism and, 251–252
professionalism of, 252–253
quality of, 252–253
viewpoint discrimination and, 250–253
public interest journalism, 221
public interest requirements, for local television news, 203–205
public media, subsidized media and, 245–248
options for, 246–247
public right to know, 100
Pulitzer, Joseph, 36, 38–39
QAnon conspiracy theory, 42
quasi-property, 228
Reddit, content moderation policies on, 155–156
responsibility, legal
big data and, 173–175
for businesses, 171–175
commercial property owners, 174–175
employee background checks, 173–174
conceptual approach to, 175–176
customer/seller interaction with products, 171–173
future of, 171–175
Internet of Things, 171–173
Restatement of Defamation Law (American law of Institute), 66
Restatement (Second) of Torts, U.S. (1977)
defamation laws and, 64, 66, 69
privacy rights and, 105, 108–110
Reverse Spider-Man Principle, 161–163. See also irresponsibility
platform governance and, 130
The Revolt of the Public (Gurri), 24
Roberts, Hal, 9
Rochko, Eugene, 186
Roe v. Wade, 27
Roosevelt, Franklin Delano, 36, 272
Rosen, Jay, 55–56
Rosenberger v. Rector and Visitors of the University of Virginia, 248–250
Rosensteil, Tom, 48, 53
Rozenshtein, Alan, 130
ruinous competition, 268
Salk, Jonas, 40
Sandmann, Nicholas, 78
Saving Local News Act, U.S. (2021), 202, 217
Schneier, Bruce, 141
Schwarlose, Richard, 224
self-interest, trust in media institutions and, 10–11
through microtargeting, 11
through platform design and interfaces, 10–11
Selinger, Evan, 121
sexual content, content moderation for, 160
for Child Sexual Abuse Material, 155
on TikTok, 155
Shannon, Claude
on channel capacity, 133, 135
channel-capacity theorem, 132
information theory, 132
on social media, 132
Sheppard v. Maxwell, 51
signal-to-noise ratio, 132–133
command and control rules, 144
technical responses to, 143–144
Sims, Rod, 234
simulations, for newsgathering, 30–31
Skinner-Thompson, Scott, 122
slander, defamation laws and, 71
SLAPPs. See Strategic Lawsuits Against Public Participation
Smartmatic defamation case, 81–82
Smoking Gun website, 98–99
social journalism, 48
as movement, 55
social media. See also content moderation; Fediverse; specific platforms
“big four” in, 43–44
as closed platform, 179–184
advantages of, 180
disadvantages of, 180–181
moderators trilemma, 181
as walled gardens, 179–180
decentralized, 178–184
defamation laws and, 90–96
disinformation on, 90–96
First Amendment law and, 44
as gatekeeper, 41
as new gatekeeper, 43–45
global implications of, 1
information theory and, 132
legal limits on, 170
Minow on, 15
as news source, 9
newsgathering through, 22
newspapers influenced by, 269–271
noisy speech externalities and, 140
X (Twitter), 141, 147–148
Shannon on, 132
Society of Professional Journalists, 21, 39, 204
soft-touch transparency, 117
Solutions Journalism Network, 55
speech. See also noisy speech externalities
“bad,” 131
filtering of, 132
“cheap,” 66
Gorsuch critique of, 76
revolution in, 69
“good,” 131
government, 253–256
negative, 139, 143
speech regulation, of noisy speech externalities, 135–148
broadcast-regulation cases, 142
under Communications Decency Act (Section 230), 145–146, 148
content-moderation technologies, 146–147
externalities argument for, 138–140
under First Amendment, 136, 138, 142–143
information asymmetries, 138–139
information overload, 138
listeners’ rights idea, 138
in marketplace of ideas, 135–136, 148–149
noise-regulation cases, 142
scarcity issues, 142
“too much information” concept and, 136–138
Ward v. Rock Against Racism, 143
stalking, restrictions against
brokered abuse and, 115
in California, 115
state capture, subsidized media and, 248–256
statutory law, defamation law and, 67, 70–71
Stone, Melville, 225–227, 230–232, 236–237. See also hot news doctrine
Stored Communications Act, U.S. (1986), 118
Strategic Lawsuits Against Public Participation (SLAPPs), 68–69
Stratton Oakmont, Inc. v. Prodigy Servs. Co., 69–70
“Streisand Effect,” 116
subsidized media
conceptual approach to, 242–245
constitutionality of, 248–256
subsidies as public forum, 248–250
design of, 258–260
content classification, 258
under First Amendment, 256–258
government speech and, 253–256
news deserts, 242
private, 245–248
direct subsidies for, 247–248
as public forum
constitutionality of, 248–250
as limited, 253
localism and, 251–252
professionalism of, 252–253
quality of, 252–253
viewpoint discrimination and, 250–253
public media and, 245–248
options for, 246–247
state capture and, 248–256
Sunstein, Cass, 137
Supreme Court, U.S. See also specific cases
Citizen United case, 217
journalism cases at, 51–52, 58–59
Miami Herald Publishing Co. v. Tornillo, 56–57
Mills v. Alabama, 56
Nebraska Press Association v. Stuart, 51
New York Times Co. v. United States, 51
New York Times v. Sullivan, 56–57, 64, 67–68
Packingham v. North Carolina, 57
Sheppard v. Maxwell, 51
watchdog journalism and, 49–52
Sweet, Melissa, 235–236
Talisse, Robert B., 56
Tannen, Deborah, 24
targeted news feeds, newsgathering through, 22
by news organizations, 22
targeted transparency, 117
telephone and telegraph companies, 163–164
television networks, as traditional news source. See also local television news
ABC, 37
CBS, 37
CNN, 38
Cronkite and, 5–6, 37–38
disruption to gatekeeper status, 1
Federal Communications Commission and, 37
Fairness Doctrine, 39–41
Fox News, 23, 38
Dominion Voting Systems defamation case, 81–82
political partisanship and, 18, 41
Smartmatic defamation case, 81–82
as gatekeeper
as institutional media, 36–38
objectivity of, 39–40
The Huntley-Brinkley Report, 37
NBC, 37
privacy rights for mug shots, 106
Thomas, Clarence (Justice), 64
critique of defamation laws, 72–74
reconsideration of New York Times v. Sullivan, 73
TikTok, content moderation policies on, 154–155
for Child Sexual Abuse Material, 155
Times Picayune Publishing Group v. United States Department of Justice, 102–103
Tocqueville, Alexis de, 273
“too much information,” as concept, 136–138
information theory and, 132
tort law, defamation laws and, 77
traditional news media. See also newspapers; television networks; trust
methodological approach to, 1–2
transparency
brokered abuse and, 116–117
administrative transparency, 116–117
popular transparency, 117
soft-touch transparency, 117
targeted transparency, 117
in content moderation, 159
for data brokers, 113
trust in media institutions through, 14
trauma, through brokered abuse, 123–125
true-but-misleading information, 18–23
through internet, 21–23
proportionality problem, 19–21
Trump, Donald, 18, 23, 71–72
libel law reform under, 72–73
trust, in media institutions. See also distrust; specific topics
through alternate financing mechanisms, 12
digital tax structures and, 12
through behavioral norms, 12–15
demonstrated humility, 14–16
demonstrative neutrality, 14
fact-checking, 13
transparency, 14
through business and finance models, 12
digital tax structures and, 12
as comparative concept, 8
conceptual approach to, 8–12
under constitutional law, 11–12, 15–16
First Amendment context, 11–12
encouragement of trustworthy behaviors
through alternate business and financing models, 12
definition of trustworthiness, 16
through law, 15–16
through norms, 12–15
through platform design, 12–15
as episodic, 8
inductive reasoning and, 8
institutional constraints for, 10
knowledge gaps and, 13
through law, 15–16
constitutional law, 11–12, 15–16
constitutional protections, 15–16
purpose of law, 15
media arrogance and, 11
microtargeting as factor in, 11, 13
partisanship as influence on, 9
perception of incompetence and, 10–11
through platform design, 12–15
self-interest through, 10–11
public decline in, 5–7, 47–48
self-interest as factor in, 10–11
through microtargeting, 11
through platform design and interfaces, 10–11
trusted communicators, of knowledge. See also gatekeepers
Cronkite as, 5–6, 44
CBS Evening News with Walter Cronkite, 37–38
Murrow-Cronkite Effect, 40
Murrow as, 37, 41–42
Murrow-Cronkite Effect, 40
role of, 35
24-hour cable news industry. See also Fox News
alternative content through, 20
CNN, 38
Twitter. See X
United States (U.S.). See also specific topics
All Channel Receiver Act, 205
Communications Act, 203
Communications Decency Act, 69–70, 92–93, 132, 230
content moderation under, 192
speech regulation under, 145–146, 148
Educational Television Facilities Act, 201
National Telecommunications and Information Administration, 201–202
Newspaper Preservation Act, 203
Public Broadcasting Act, 201
Restatement (Second) of Torts, 64, 66, 69, 105, 108–110
Saving Local News Act, 202, 217
Stored Communications Act, 118
United States Department of Justice v. Reporters Committee for Freedom of the Press, 104
U.S. See United States
Usher, Nikki, 243
viewpoint discrimination, 250–253
Villard, Garrison, 239
Volokh, Eugene, 130
Wade, Dean John, 66
Wadlow, Christopher, 239
wagers, as newsgathering tool, 29–30
Wall Street Journal, 22
Ward v. Rock Against Racism, 143
Warren, Elizabeth, 43
Washington Post, on social media, 43
watchdog journalism, 48
under Freedom of Information Act, 51–52
by New York Times, 50
Pentagon Papers, 50
public trust in, 49–52
in Supreme Court cases, 49–52
by Washington Post, 50
Wenzel, Andrea, 54–56, 60. See also engagement journalism
West, Sonja, 58–59
Williams, Nick, 47, 49
Woodcock, Ramsi, 196–197, 263
World Wide Web. See also internet
hyperlinks and, 228–230
X (Twitter), 141, 147–148, 188–189
Yale Free Expression Scholars Conference, 23
Youens, Liam, 111, 114
YouTube, content moderation policies on, 153–154
Zipursky, Benjamin, 69
Zoom, content moderation policies on, 156–157
Zuckerberg, Mark, 44–45, 178. See also Facebook

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  • Index
  • Edited by Kyle Langvardt, University of Nebraska, Lincoln, Justin (Gus) Hurwitz, University of Pennsylvania Law School
  • Book: Media and Society After Technological Disruption
  • Online publication: 16 May 2024
  • Chapter DOI: https://doi.org/10.1017/9781009174411.026
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  • Index
  • Edited by Kyle Langvardt, University of Nebraska, Lincoln, Justin (Gus) Hurwitz, University of Pennsylvania Law School
  • Book: Media and Society After Technological Disruption
  • Online publication: 16 May 2024
  • Chapter DOI: https://doi.org/10.1017/9781009174411.026
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  • Index
  • Edited by Kyle Langvardt, University of Nebraska, Lincoln, Justin (Gus) Hurwitz, University of Pennsylvania Law School
  • Book: Media and Society After Technological Disruption
  • Online publication: 16 May 2024
  • Chapter DOI: https://doi.org/10.1017/9781009174411.026
Available formats
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