LECTURE #10: LECTURE #10: The MediaThe Media

Presented byPresented by

Derrick J. Johnson, MPA, JDDerrick J. Johnson, MPA, JD

Advanced Placement United States Advanced Placement United States Government & Politics,Government & Politics,

School for Advanced StudiesSchool for Advanced Studies

Structure of the MediaStructure of the Media

Mass media has been called the Mass media has been called the ““fourth fourth branch of government.branch of government.”” It may be broken It may be broken down into three major components: down into three major components: Print mediaPrint media Electronic mediaElectronic media The InternetThe Internet

Print MediaPrint Media Print media has played a role in American politics Print media has played a role in American politics

almost from the beginning.almost from the beginning. Most newspapers are locally based, although many of Most newspapers are locally based, although many of

them are a part of massive media conglomerates, such them are a part of massive media conglomerates, such as Gannett, Knight, Ridder, and Newhouse. as Gannett, Knight, Ridder, and Newhouse.

Papers like the Papers like the New York Times New York Times and the Washington and the Washington Post, have national audiences that make an important Post, have national audiences that make an important force in policy-making.force in policy-making.

News magazines like News magazines like TimeTime & & NewsweekNewsweek, are also , are also influential.influential.

  

Electronic MediaElectronic Media Electronic media became a force during the Electronic media became a force during the

2020thth Century, first with the invention of radio, Century, first with the invention of radio, and later with the invention of television.and later with the invention of television.

Radio was first invented in 1903, but it made Radio was first invented in 1903, but it made its big debut in politics when a Pittsburgh its big debut in politics when a Pittsburgh station broadcast the 1920 election returns.station broadcast the 1920 election returns.

FDR also used radio to advance his New Deal FDR also used radio to advance his New Deal agenda in his agenda in his ““fireside chats.fireside chats.””

Despite the advent of television, radio still Despite the advent of television, radio still remains an important part of linking remains an important part of linking Americans to what is going on. Ex: Rush hour Americans to what is going on. Ex: Rush hour traffic news, NPR and conservative talk shows.traffic news, NPR and conservative talk shows.

TelevisionTelevision’’s influence on the American public s influence on the American public is tremendous, especially with the advent of is tremendous, especially with the advent of cable television.cable television.

The InternetThe Internet The internet first came to be used in the early 1970s The internet first came to be used in the early 1970s

by the government, and developed into a major by the government, and developed into a major medium of communication by the end of the medium of communication by the end of the century.century.

Internet technology and access has transformed Internet technology and access has transformed communications in a very short period of time, communications in a very short period of time, particularly during the late 1990s and early 21particularly during the late 1990s and early 21 stst Century.Century.

The internet has become a source of entertainment The internet has become a source of entertainment and research for millions of people.and research for millions of people.

Today Today ““blogsblogs”” and list serves devote much time to and list serves devote much time to political figures and topics and provide people with political figures and topics and provide people with a forum for people to express their opinions and a forum for people to express their opinions and reactions.reactions.

The internet played an integral role in the 2004 The internet played an integral role in the 2004 election in raising unprecedented amounts of money election in raising unprecedented amounts of money in campaign contributions. Ex: Howard Dean.in campaign contributions. Ex: Howard Dean.

Functions of the MediaFunctions of the Media

The mass media perform a number of functions in The mass media perform a number of functions in American society, and all have an impact on the American society, and all have an impact on the political system. They are as follows:political system. They are as follows: EntertainmentEntertainment

Radio & television both emphasize Radio & television both emphasize entertainment, with primetime ratings for entertainment, with primetime ratings for television often making or breaking the overall television often making or breaking the overall success of a network.success of a network.

Particularly in recent years politics has been a Particularly in recent years politics has been a topic for entertainment, with numerous movies topic for entertainment, with numerous movies focused on the president as the star of political focused on the president as the star of political sagas. Ex: The West Wing.sagas. Ex: The West Wing.

Popular late-night shows like Saturday Popular late-night shows like Saturday Night Live, also entertain people with their Night Live, also entertain people with their humorous treatment of politicians and humorous treatment of politicians and events.events.

Thus media can play a role in political Thus media can play a role in political socialization while also entertaining us.socialization while also entertaining us.

Agenda settingAgenda setting One important source of political, social and One important source of political, social and

economic power is the ability of the media to economic power is the ability of the media to draw public attention to particular issues. draw public attention to particular issues. Equally important are the issues that the media Equally important are the issues that the media doesndoesn’’t cover. Ex: Media is concerned about t cover. Ex: Media is concerned about terrorism, but they are not concerned about the terrorism, but they are not concerned about the AIDS epidemic in Africa.AIDS epidemic in Africa.

Creation of political forumsCreation of political forums Politicians have learned how to use the mass Politicians have learned how to use the mass

media to make important announcements or to media to make important announcements or to encourage citizens to focus on their issues.encourage citizens to focus on their issues.

The media wants to make policies interesting so The media wants to make policies interesting so that viewer ratings remain high, so politicians that viewer ratings remain high, so politicians often respond by often respond by ““making newsmaking news”” that will draw that will draw attention from the media.attention from the media.

News reportsNews reports Reporting the news has been a major function of Reporting the news has been a major function of

print media since the early 19print media since the early 19thth century, and century, and newspapers and magazines remain an important newspapers and magazines remain an important source for people interested in simply finding source for people interested in simply finding out what is happening in the country.out what is happening in the country.

Today more people rely on television than on Today more people rely on television than on newspapers and magazines.newspapers and magazines.

CNN, FOX News and MSNBC focuses on news CNN, FOX News and MSNBC focuses on news stories and commentaries virtually 24 hours a stories and commentaries virtually 24 hours a day.day.

In contrast, broadcasting is carefully regulated by the government. No one can operate a radio or television station without a license from the Federal Communications Commission (FCC).

The FCC can used its power of renewal to influence what stations put on the air.

Radio broadcasting has been deregulated more than television, and in 1996 the Telecommunications Act allowed one radio company to own as many as eight stations in large markets and as many as it wished nationally.

However, radio still have government regulation like: Equal time rule - requires a station selling time for

a candidate for office to make the same amount of time available for his/her opponent.

Right of reply rule – allows a person who is attacked on a broadcast the right to reply over that same station. This rule also applies where there is an endorsement of a candidate’s opponent in a broadcast.

For many years there had been a fairness doctrine that required broadcasters to give time to opposing views if they broadcast a program giving one side of a controversial issue.

The FCC abolished the doctrine in 1987, arguing that it inhibited the free discussion of issues. However, most broadcasters still follow the rule voluntarily.

Impact of the Media on Politics The media influences the political system in many ways, as

reflected in the functions of the media summarized earlier in this chapter.

Electronic media has been criticized for forcing political figures and events to conform to “sound bites,” or comments compressed into several-second segments.

Today most Americans get their news from television and radio.

The impact of the internet is yet to be seen, but the interactive nature of the medium allows the user to spend as much or little time with an issue as he or she likes.

The media is probably most obvious during political campaigns for office, especially during presidential years.

Campaign strategists and consultants use the media to further their political ends and to their benefit. Candidates use the media in three main areas: Advertising

Most campaign ads are negative. Ex: Willie Horton ad.

Typical pattern is attack/counter attack. The cost of advertising is very high, depending on

the media market. News Coverage

Candidates and consultants spend a great deal of time planning “news events” that will be covered on the evening news or by the cable news network.

Candidates will employ spin doctors to try to influence journalists, with interpretations of events that are favorable to a particular candidate.

Presidential Debates The debates give the public an opportunity

to see both candidates together, and even though the ability of the debates to change votes has been questioned, they are now a part of the American political tradition.

The Media and Government Officials

The media impacts all officials in government on local, state and national levels. Town newspapers often cover local candidates. Presidents and Governors have staff members that help them with news coverage. A prime example is the White House press secretary.

The White House press Corp is assigned full-time to cover the president’s activities and the press secretary is responsible for handling the press corp.

Many congressional leaders have followed the president’s lead by establishing their own media consultants.

Near v. Minnesota (1931)

Facts:   Mr. Near published a newspaper in Minnesota called the Saturday Press, which reported certain questionable conduct by the local police and officials, and hinted at a perceived favoritism.  An article claimed that the police were turning their heads to the criminal actions of a Jewish gangster.  Minnesota enacted a statute that made the publication of malicious, scandalous and defamatory matters in the print media a public nuisance.

Issue: Whether a state law authorizing proceedings to restrain the publication of print media operates within the bounds of the liberty of press protected by the 1st and 14th 

Holding: No. The law infringes upon the liberty of the press, guaranteed through the 14th and unconstitutionally restrains publication.

Rationale: Liberty of Speech and Press are w/i the liberties protected by 1st and 14th from state invasion. MN’s law is not aimed at curing individual or private wrongs, it is aimed at the distribution of scandalous material harmful to the public.  But, it is not directed just at the distribution of the statements, but also the continued publication of charges against public officials. 

Its object and effect is not punishment, but suppression of the offending newspaper or periodical.  Suppression under this law is accomplished by enjoining publication.  This law not only suppresses publication of the media, but it also effectively censors the publisher personally.

Restraint against publication is limited to exceptional cases such as when at war Govt may prevent disclosure of military information; or decency may be enforced against obscene publications; or where security of the community life requires protection against incitement to violent action.  None of the exceptions are present here. Liberty of the press has meant historically that publication has immunity from previous restraints or censorship.

Dissent: MN law does not operate as a prior restraint on publication w/i the meaning of that phrase.  It does not authorize administrative control in advance. There is no question that states have the power to denounce actions deemed a nuisance which threaten morals, peace, and good order.

New York Times Co. v. United States (1971)

Facts: In 1971, The New York Times, along with the Washington Post, sought to publish a series of studies regarding U.S. decision policies in relation to Vietnam. The New York Times began the publishing of selected studies included the forty-seven volume series on June 13th, 1971. The Department of Justice filed for an injunction against the release of the series, and temporarily suspended further publication until the 19th of June.

Immediately, a district court denied the government’s request. However, later that same day, an appeals judge extended the restraint until the 21st, allowing time for the District of Columbia Circuit panel to consider the government’s request for an injunction. On the 22nd of June, the Circuit Court remanded the case to the district court in order to review whether or not the studies possessed a threat to national security. The district court extended the restraint period until June 25th, and The New York Times, wasted no time in appealing to the Supreme Court. That same day, the Court granted certiorari and heard opening arguments on June 26th.

Issue: Has the Executive met the burden of proof needed for the Court to suspend publication of the studies, and if so, does the Government hold the power to disregard the rights given to the press under the First Amendment?

Holding: No. [6-3; Decision per curiam; Court: J. Black, J. Douglas, J. Brennan, J. Stewart, and J. Marshall. Minority: Chief J. Burger, J. Harlan, and J. Blackmun.]

Reasoning: Justice Black, who is joined in concurrence by Justice Douglas. Justice Black sides heavily with the constitutional argument. He believes that any such restraint puts the First Amendment to shame. He then moves to the history behind the creation of the Amendment. Justice Black explains how many were opposed to the original draft of the Constitution, because there was no protection from the central government it created. So the framers added in perfect, unmistakable English, that “Congress shall make no law…abridging the freedom …of the press…” This obviously entails the press must be left free to make its own decisions on what to publish and what not to. He then states the defense of the Government and rejects it.

The defense is that the restraint of publication simply is in the interest of national security.

Justice Black refutes by saying that the Government is infringing upon the security of its constituents simply by destroying the value of liberty consisted in the First Amendment. If the Government is able to do this, the security of our nation itself is at stake.

THE END OF LECTURE #10THE END OF LECTURE #10