Computers, Privacy & the Constitution

View   r8  >  r7  >  r6  >  r5  >  r4  >  r3  ...
JohnClaytonSecondPaper 8 - 05 May 2021 - Main.JohnClayton
Line: 1 to 1
 
META TOPICPARENT name="SecondPaper"
Line: 45 to 45
 Moreover, these public and community college programs could be integrated into the public media network, allowing students to write, report, and contribute to their local hubs. One need look no further than college campuses to see the vibrant news ecosystems that student-generated media can create. (My college newspaper also covered municipal and state news, in addition to campus issues.) Aspiring journalists in these programs should receive not only reporting training, but technical instruction in how to cheaply build, create, and manage their own news hubs.
Changed:
<
<
Thus, a true public media ecosystem can be established: one that provides a decentralized, resilient infrastructure for journalism in underserved communities, while replenishing a corps of trained, agile reporters to ensure local news
>
>
Thus, a true public media ecosystem can be established: one that provides a decentralized, resilient infrastructure for journalism in underserved communities, while replenishing a corps of trained, agile reporters to ensure local news thrives.
 

Conclusion


JohnClaytonSecondPaper 7 - 04 May 2021 - Main.JohnClayton
Line: 1 to 1
 
META TOPICPARENT name="SecondPaper"
Changed:
<
<

New Deserts and Non-Abridgment: Supporting Informational Democracy by Reviving Local News

>
>

New Deserts and Public Media: Supporting Informational Democracy by Reviving Local News

 -- By JohnClayton - 17 Apr 2021

Introduction

Changed:
<
<
I spent three years out of undergrad working as a reporter in York, Pennsylvania, a small city nonetheless served by not one, but two daily newspapers. I worked at the morning paper; our counterparts published in the afternoon. Given the modest scope of our coverage area—two mostly rural counties—our newsroom was well-stocked. Two dozen-ish reporters, plus desk staff. Plenty to cover city hall and school board meetings and Friday night football games.
>
>
My first job out of undergrad was in York, Pennsylvania, a small city with an increasingly unique quality: It was served by not one, but two daily newspapers. I worked as a reporter for the morning paper; our counterparts published in the afternoon. Our newsroom was well-stocked given our modest circulation: Two dozen reporters, plus desk staff. Plenty to cover city hall and school board meetings and Friday night football.
 
Changed:
<
<
Today, less than half that staff remains. A conglomerate bought us and outsourced jobs to a centralized editing hub. Our competitor is not doing much better. It is hard to imagine York will stay a two-newspaper town much longer.
>
>
Less than half that staff remains. A few years after I left, a conglomerate bought the paper and outsourced jobs to a centralized editing hub. Our competitor is not doing much better. It is hard to imagine York will stay a two-newspaper town much longer.
 
Changed:
<
<
Still, York is lucky. Many community newspapers have vanished altogether, their audiences and ad dollars sucked away by the tech platforms. Roughly a quarter of newspapers and half of local journalism jobs have disappeared in the last 15 years. Researchers now study the phenomenon of “news deserts”—large swaths of the country, particularly rural areas, that have no local news coverage.
>
>
Still, York is lucky. A quarter of newspapers and half of local journalism jobs have disappeared in the last 15 years, as audiences and ad dollars have migrated to the tech platforms. Researchers now study “news deserts”— swaths of the country that have no local newspaper.
 
Changed:
<
<
For an informational democracy to thrive, we must resurrect local news. The government has a vital interest in creating a sustainable, digital local news infrastructure. Indeed, under the First Amendment’s non-abridgment principle, it may have an obligation to.
>
>
For informational democracy to thrive, we must resurrect local news. Citizens and government alike have a vital interest in creating a revamped, sustainable, and federated infrastructure for community journalism.
 
Changed:
<
<

The Need for Local News in an Informational Democracy

>
>

The Centralization of Journalism

 
Changed:
<
<
The Founders knew the importance of a thriving press. James Madison argued that only an informed and engaged public could expose “public characters and measures” to the censorship of public opinion and preserve, through informed voting, a government subservient to the people.
>
>
The Founders knew the press’s importance. James Madison argued that only an informed public could expose “public characters and measures” to the censorship of public opinion and preserve a government subservient to the people. In addition to revealing corruption, local journalism has been linked to holistic benefits: increased voter turnout, greater civic participation, reduced political polarization. Local media even help alert public health officials to the spread of disease—a salient concern in the time of COVID-19.
 
Changed:
<
<
In theory, the ubiquity of the internet should make the circulation of news easier. We no longer need “good roads,” but only good spectrum. But the algorithmic marketplace of attention-consuming ideas is not suited to the bread-and-butter mundanities of local journalism: not only local elections and zoning board updates, but human-interest stories that increase one’s connection to their community.
>
>
In theory, the internet should make the circulation of news easier. But the algorithmic marketplace of ideas is not suited to the mundanities of community journalism. The platforms prioritize stories that get clicks, not those that serve informational democracy.
 
Changed:
<
<
The priorities of an informational democracy must include a renewed focus on sustainable, community-based news reporting. Accountability journalism discourages and exposes corruption by local officials who otherwise operate without oversight. But robust local news coverage has also been linked to more holistic benefits, like increased voter turnout, greater civic participation, and reduced political polarization. Local media even play a role in alerting public health officials to the spread of disease—a now-salient concern in the time of COVID-19.
>
>
The centralized system of private equity journalism hastened local news’ decline. Conglomerates like the one that bought my newspaper follow a simple model: snap up outlets, slash costs, and chase online ad revenues. A once-federated news ecosystem mutated: reporting from York funneled through editing hubs in different cities and states. “Duplicative” jobs were cut. Page views became our core performance metric.
 
Changed:
<
<

The Case for a Non-Abridgment Obligation

>
>
Individual journalists and outlets still do good work. But the biology of local news has changed: A Frankenstein of holding companies and their gutted local newsrooms searching for enough eyeballs and advertisers to stay afloat.
 
Changed:
<
<
The for-profit news media bears much blame for its collapse. Bloated media organizations tied themselves to a for-profit, ad-based business model. Audiences moved online and advertisers migrated to the platforms, with their troves of user data. In one sense, the death of for-profit print media is merely a story of technological disruption.
>
>

Re-federating Local News

 
Changed:
<
<
This is part of the story, but not all of it. The government has long played a central role in structuring the media ecosystem, including local and print media. Newspapers, for example, received special treatment that allowed them to grow—such as insulation from tax and antitrust laws. Indeed, York’s two newspapers take advantage of a federal carve out that allows them to pool management, advertising, printing operations.
>
>
The priorities of an informational democracy must include a renewed focus on sustainable, community-based news reporting. This is not merely a challenge for private or philanthropic actors; governments can—and should—encourage the development of a new, federated media ecosystem.
 
Changed:
<
<
Conversely, more recent federal actions have exacerbated the decline in local news. The decision to immunize, via Section 230, the tech platforms from liability for third-party statements is perhaps the most obvious example. This immunity fed the growth of Google, Facebook, and Twitter, which freely leveraged news articles while siphoning away the ad dollars that sustained those articles. Meanwhile, the loosening of merger rules by the FCC—including its recent decision to permit increased broadcast-newspaper cross-ownership in markets—has led to even greater media homogeneity. This is particularly true for broadcast news, where cross-packaging of content means that less airtime is devoted to local affairs.
>
>
Governments have experimented with ways to save journalism. One solution, enacted in Australia, forces tech companies to pay news outlets for posting their content. But such an approach seemingly encourages platforms to devalue news content and does nothing to fill news deserts. Perhaps more critically, it marries the success of journalistic outlets to that of the platforms, and ties a tool of democracy to the anti-democratic agents of behavioral collection and control. We should be breaking centralized models of content sharing, not entrenching them.
 
Changed:
<
<
Under a non-abridgment First Amendment, one could argue the government has not just an interest, but an obligation to remedy the news deserts whose growth it helped hasten.
>
>

Expanding public media

 
Changed:
<
<

Building Digital Infrastructure for Local News

>
>
A better approach is infrastructure-based: to adapt the public media model to create replicable, federated digital news ecologies in local communities. Federal funds could be directed to a nonprofit corporation—similar to the Corporation for Public Broadcasting—which would support the creation of decentralized, Wiki-like news hubs in underserved areas. The sites would be designed to be run cheaply, with lean staffs, minimal overhead, and community participation through moderated, hyperlocal forums. Importantly, the hubs should be sustained long-term via diverse funding, including reader support and hyperlocal advertising, in addition to small amounts of government support.
 
Changed:
<
<
Once we recognize a role for government (obligatory or not) in remedying the local new crisis, what steps should it take?
>
>
Like NPR affiliates, these local hubs could repurpose each other’s content. The focus of the initiative, however, would be to ensure reporters on the ground in local communities as part of a durable, cost-effective, and easily expandable public news network.
 
Changed:
<
<
One solution, enacted in Australia, would force the platforms to pay news outlets for use of their content. Such an approach is interesting, but I worry it will simply lead Google and Facebook to deemphasize news content. Such a law would also do little to directly solve the news desert problem. Direct funding of existing local news outlets and projects—already enacted in New Jersey—is promising, though it may suffer from trial-and-error inefficiency.
>
>

Training journalists

 
Changed:
<
<
A better approach, I think, is to adapt the public media model to create replicable, digital news ecologies that could be cheaply implemented in local communities. Federal funds could be directed to a nonprofit corporation—similar to the Corporation for Public Broadcasting—which would support the creation of decentralized, Wiki-like news hubs in underserved communities. An initial monetary outlay would be required to train journalists—however, the sites themselves should be designed to be run cheaply and encourage community participation (for example, through moderated forums). Moreover, the hubs should be sustained long-term through diverse funding; while the CPB-like entity may distribute small amounts of funding each year, they would also rely on reader support and hyperlocal advertising. Critically, these sites should, as a requirement of funding, not spy on users or collect any data without permission. This approach cannot alone solve the local news crisis, but it may help fill gaps and provide a model that other localities could replicate.
>
>
This new public media will need trained reporters. A new generation of local journalists could be educated through community colleges and public college associate degree programs, as part of a renewed push for tuition-free post-secondary education. Reporting is not a lucrative profession. But it becomes more viable when an education in journalism does not require an expensive, four-year degree.
 
Changed:
<
<
Ultimately, my argument is more normative than legal. It is hard to glean, even from a non-abridgment reading of the First Amendment, a constitutional obligation for the government to take steps like those outlined above. But perhaps politics and technology can accomplish what law alone cannot. Once one accepts the democratic necessity of local news and the reality of government’s contribution to its current state, an expanded role for publicly funded media seems far less radical.
>
>
Moreover, these public and community college programs could be integrated into the public media network, allowing students to write, report, and contribute to their local hubs. One need look no further than college campuses to see the vibrant news ecosystems that student-generated media can create. (My college newspaper also covered municipal and state news, in addition to campus issues.) Aspiring journalists in these programs should receive not only reporting training, but technical instruction in how to cheaply build, create, and manage their own news hubs.

Thus, a true public media ecosystem can be established: one that provides a decentralized, resilient infrastructure for journalism in underserved communities, while replenishing a corps of trained, agile reporters to ensure local news

Conclusion

Fourth estate traditionalists may be uncomfortable with so large a role for government in shaping the news media. I do not argue that public media alone can solve the local news crisis; private innovation has a part to play. But once one accepts the democratic necessity of local news and the dire state of for-profit journalism, an expansion of public media hardly seems radical. Even less so when one considers that the government has long structured the media ecosystem. Indeed, York’s two newspapers take advantage of a federal antitrust carveout that allows newspapers to pool management, advertising, printing operations.

Never has our media ecosystem needed more restructuring. A revitalized ecology of local public media hubs can help fill news deserts in the short-term, and provide a model for lean, responsive, community-based reporting that others across the country can replicate.

 
This, as you see, isn't really an essay about law or the First Amendment. It's primarily a policy argument about the need for a federation model for local news, as an alternative to tax-based redistribution from the parasite's platforms. It's an appealing argument that doesn't need to be constitutionally required to be interesting. You could tie the hub concept to the community college journalism programs that should be part of the ecosystem. You could show why the geometry of private-equity journalism, with its centralizing hubs as opposed to federating ones, leads to the other form of ecosystem by an almost biological alternation. That's the route to improvement, to remove the law and give the social policy analysis more room.

JohnClaytonSecondPaper 6 - 23 Apr 2021 - Main.EbenMoglen
Line: 1 to 1
 
META TOPICPARENT name="SecondPaper"
Deleted:
<
<
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
 

New Deserts and Non-Abridgment: Supporting Informational Democracy by Reviving Local News

Line: 46 to 45
 Ultimately, my argument is more normative than legal. It is hard to glean, even from a non-abridgment reading of the First Amendment, a constitutional obligation for the government to take steps like those outlined above. But perhaps politics and technology can accomplish what law alone cannot. Once one accepts the democratic necessity of local news and the reality of government’s contribution to its current state, an expanded role for publicly funded media seems far less radical.
Added:
>
>
This, as you see, isn't really an essay about law or the First Amendment. It's primarily a policy argument about the need for a federation model for local news, as an alternative to tax-based redistribution from the parasite's platforms. It's an appealing argument that doesn't need to be constitutionally required to be interesting. You could tie the hub concept to the community college journalism programs that should be part of the ecosystem. You could show why the geometry of private-equity journalism, with its centralizing hubs as opposed to federating ones, leads to the other form of ecosystem by an almost biological alternation. That's the route to improvement, to remove the law and give the social policy analysis more room.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

JohnClaytonSecondPaper 5 - 17 Apr 2021 - Main.JohnClayton
Line: 1 to 1
 
META TOPICPARENT name="SecondPaper"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Line: 16 to 16
 Still, York is lucky. Many community newspapers have vanished altogether, their audiences and ad dollars sucked away by the tech platforms. Roughly a quarter of newspapers and half of local journalism jobs have disappeared in the last 15 years. Researchers now study the phenomenon of “news deserts”—large swaths of the country, particularly rural areas, that have no local news coverage.
Changed:
<
<
For an informational democracy to thrive, we must resurrect local news. The government has a vital interest in creating a sustainable, digital local news infrastructure. Indeed, under the First Amendment’s non-abridgement principle, it may have an obligation to.
>
>
For an informational democracy to thrive, we must resurrect local news. The government has a vital interest in creating a sustainable, digital local news infrastructure. Indeed, under the First Amendment’s non-abridgment principle, it may have an obligation to.
 

The Need for Local News in an Informational Democracy

Line: 26 to 26
 The priorities of an informational democracy must include a renewed focus on sustainable, community-based news reporting. Accountability journalism discourages and exposes corruption by local officials who otherwise operate without oversight. But robust local news coverage has also been linked to more holistic benefits, like increased voter turnout, greater civic participation, and reduced political polarization. Local media even play a role in alerting public health officials to the spread of disease—a now-salient concern in the time of COVID-19.
Changed:
<
<

The Case for a Non-Abridgement Obligation

>
>

The Case for a Non-Abridgment Obligation

 The for-profit news media bears much blame for its collapse. Bloated media organizations tied themselves to a for-profit, ad-based business model. Audiences moved online and advertisers migrated to the platforms, with their troves of user data. In one sense, the death of for-profit print media is merely a story of technological disruption.
Line: 34 to 34
 Conversely, more recent federal actions have exacerbated the decline in local news. The decision to immunize, via Section 230, the tech platforms from liability for third-party statements is perhaps the most obvious example. This immunity fed the growth of Google, Facebook, and Twitter, which freely leveraged news articles while siphoning away the ad dollars that sustained those articles. Meanwhile, the loosening of merger rules by the FCC—including its recent decision to permit increased broadcast-newspaper cross-ownership in markets—has led to even greater media homogeneity. This is particularly true for broadcast news, where cross-packaging of content means that less airtime is devoted to local affairs.
Changed:
<
<
Under a non-abridgement First Amendment, one could argue the government has not just an interest, but an obligation to remedy the news deserts whose growth it helped hasten.
>
>
Under a non-abridgment First Amendment, one could argue the government has not just an interest, but an obligation to remedy the news deserts whose growth it helped hasten.
 

Building Digital Infrastructure for Local News


JohnClaytonSecondPaper 4 - 17 Apr 2021 - Main.JohnClayton
Line: 1 to 1
 
META TOPICPARENT name="SecondPaper"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Line: 10 to 10
 

Introduction

Changed:
<
<
I three years out of undergrad working as a reporter in York, Pennsylvania, a small city whose affairs were nonetheless chronicled by not one, but two daily newspapers. I worked at the morning paper; our counterparts published in the afternoon. Given the modest scope of our coverage area—two mostly rural counties—our newsroom was well-stocked. Two dozen or so reporters, plus desk staff. Plenty to cover local politics, school board meetings, Friday night football games, and the like.
>
>
I spent three years out of undergrad working as a reporter in York, Pennsylvania, a small city nonetheless served by not one, but two daily newspapers. I worked at the morning paper; our counterparts published in the afternoon. Given the modest scope of our coverage area—two mostly rural counties—our newsroom was well-stocked. Two dozen-ish reporters, plus desk staff. Plenty to cover city hall and school board meetings and Friday night football games.
 
Changed:
<
<
Today, less than half that staff remains. A conglomerate bought us and outsourced jobs to a centralized editing hub. Our competitor is not doing much better. It is hard to imagine York will stay a two-newspaper town for much longer.
>
>
Today, less than half that staff remains. A conglomerate bought us and outsourced jobs to a centralized editing hub. Our competitor is not doing much better. It is hard to imagine York will stay a two-newspaper town much longer.
 
Changed:
<
<
Still, York is lucky. Local print and digital news organizations across the country have shriveled, their audiences and ad dollars sucked away by the tech platforms. A quarter of newspapers and half of local journalism jobs have disappeared in the last 15 years. Researchers now study the phenomenon of “news deserts”—large swaths of the country, particularly rural areas, that have no local news coverage.

For an informational democracy to thrive, we must resurrect local news. The government has an interest in creating a sustainable and digitally based local news infrastructure. Indeed, under the First Amendment’s non-abridgement principle, it may have an obligation to.

>
>
Still, York is lucky. Many community newspapers have vanished altogether, their audiences and ad dollars sucked away by the tech platforms. Roughly a quarter of newspapers and half of local journalism jobs have disappeared in the last 15 years. Researchers now study the phenomenon of “news deserts”—large swaths of the country, particularly rural areas, that have no local news coverage.
 
Added:
>
>
For an informational democracy to thrive, we must resurrect local news. The government has a vital interest in creating a sustainable, digital local news infrastructure. Indeed, under the First Amendment’s non-abridgement principle, it may have an obligation to.
 

The Need for Local News in an Informational Democracy

Changed:
<
<
The founders knew well the importance of a thriving press that circulated news and information to all corners of the country. James Madison argued that only an informed and engaged public could expose “public characters and measures” to the censorship of public opinion—the country’s “real sovereign”—and preserve, through informed voting, a government subservient to the People.
>
>
The Founders knew the importance of a thriving press. James Madison argued that only an informed and engaged public could expose “public characters and measures” to the censorship of public opinion and preserve, through informed voting, a government subservient to the people.
 
Changed:
<
<
In theory, the ubiquity of the internet should make the circulation of news easier. We no longer need “good roads,” but only good spectrum. But our new media ecosystem has not worked out that way. The algorithmic marketplace of attention-consuming ideas is not suited to the bread-and-butter mundanities of local journalism: not only local elections and updates from city hall, but human-interest stories that increase one’s connection to their community.
>
>
In theory, the ubiquity of the internet should make the circulation of news easier. We no longer need “good roads,” but only good spectrum. But the algorithmic marketplace of attention-consuming ideas is not suited to the bread-and-butter mundanities of local journalism: not only local elections and zoning board updates, but human-interest stories that increase one’s connection to their community.
 
Changed:
<
<
The priorities of an informational democracy must include a renewed focus on creating in sustainable, community-based news operations. At the most basic level, accountability journalism discourages and exposes corruption by local officials who otherwise operate without oversight. But the presence of newspapers in a community has also been linked to more holistic benefits, like increased voter turnout, greater civic participation, and reduced political polarization. Local media can also play a vital role in alerting public health officials to the spread of disease—a salient concern in the time of COVID-19.
>
>
The priorities of an informational democracy must include a renewed focus on sustainable, community-based news reporting. Accountability journalism discourages and exposes corruption by local officials who otherwise operate without oversight. But robust local news coverage has also been linked to more holistic benefits, like increased voter turnout, greater civic participation, and reduced political polarization. Local media even play a role in alerting public health officials to the spread of disease—a now-salient concern in the time of COVID-19.
 

The Case for a Non-Abridgement Obligation

Changed:
<
<
The for-profit news media bears much blame for its own collapse. For decades, bloated media organizations tied themselves to a for-profit, ad-based business model. Audiences moved online and advertisers migrated to the platforms and their troves of user targeting data. In one sense, the death of for-profit media, including local news outlets, is merely a story of technological disruption.
>
>
The for-profit news media bears much blame for its collapse. Bloated media organizations tied themselves to a for-profit, ad-based business model. Audiences moved online and advertisers migrated to the platforms, with their troves of user data. In one sense, the death of for-profit print media is merely a story of technological disruption.
 
Changed:
<
<
This is part of the story, to be sure, but not all of it. The government has long played a central role in structuring the media ecosystem, including local and print media. Newspapers, for example, received special treatment that allowed them to grow—such as insulation from tax and antitrust laws. Indeed, York’s two newspapers take advantage of a federal law carve out that allows them to pool advertising, printing, and circulation operations.
>
>
This is part of the story, but not all of it. The government has long played a central role in structuring the media ecosystem, including local and print media. Newspapers, for example, received special treatment that allowed them to grow—such as insulation from tax and antitrust laws. Indeed, York’s two newspapers take advantage of a federal carve out that allows them to pool management, advertising, printing operations.
 
Changed:
<
<
Conversely, more recent federal actions have likely exacerbated the decline in local news. The decision to immunize, via Section 230, the tech platforms from liability for third-party comments is perhaps the most egregious example. This immunity helped facilitate the dramatic growth of Google, Facebook, and Twitter, who freely leveraged news articles as attentional lures while siphoning away the ad dollars that once sustained the same outlets. Meanwhile, the loosening of merger rules by the FCC—including its recent decision to permit increased broadcast-newspaper cross-ownership in markets—has led to even greater media homogeneity. This is particularly true for broadcast news, where cross-packaging of content means less and less air-time is devoted to non-crime-related local news.
>
>
Conversely, more recent federal actions have exacerbated the decline in local news. The decision to immunize, via Section 230, the tech platforms from liability for third-party statements is perhaps the most obvious example. This immunity fed the growth of Google, Facebook, and Twitter, which freely leveraged news articles while siphoning away the ad dollars that sustained those articles. Meanwhile, the loosening of merger rules by the FCC—including its recent decision to permit increased broadcast-newspaper cross-ownership in markets—has led to even greater media homogeneity. This is particularly true for broadcast news, where cross-packaging of content means that less airtime is devoted to local affairs.
 
Changed:
<
<
Thus, a colorable argument exists that, under a non-abridgement reading of the First Amendment, the government’s has an obligation to take remedial action to remedy the growth of news deserts that it helped hasten. The question then becomes what that action should be.
>
>
Under a non-abridgement First Amendment, one could argue the government has not just an interest, but an obligation to remedy the news deserts whose growth it helped hasten.
 

Building Digital Infrastructure for Local News

Added:
>
>
Once we recognize a role for government (obligatory or not) in remedying the local new crisis, what steps should it take?

One solution, enacted in Australia, would force the platforms to pay news outlets for use of their content. Such an approach is interesting, but I worry it will simply lead Google and Facebook to deemphasize news content. Such a law would also do little to directly solve the news desert problem. Direct funding of existing local news outlets and projects—already enacted in New Jersey—is promising, though it may suffer from trial-and-error inefficiency.

A better approach, I think, is to adapt the public media model to create replicable, digital news ecologies that could be cheaply implemented in local communities. Federal funds could be directed to a nonprofit corporation—similar to the Corporation for Public Broadcasting—which would support the creation of decentralized, Wiki-like news hubs in underserved communities. An initial monetary outlay would be required to train journalists—however, the sites themselves should be designed to be run cheaply and encourage community participation (for example, through moderated forums). Moreover, the hubs should be sustained long-term through diverse funding; while the CPB-like entity may distribute small amounts of funding each year, they would also rely on reader support and hyperlocal advertising. Critically, these sites should, as a requirement of funding, not spy on users or collect any data without permission. This approach cannot alone solve the local news crisis, but it may help fill gaps and provide a model that other localities could replicate.

Ultimately, my argument is more normative than legal. It is hard to glean, even from a non-abridgment reading of the First Amendment, a constitutional obligation for the government to take steps like those outlined above. But perhaps politics and technology can accomplish what law alone cannot. Once one accepts the democratic necessity of local news and the reality of government’s contribution to its current state, an expanded role for publicly funded media seems far less radical.

 
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.

JohnClaytonSecondPaper 3 - 17 Apr 2021 - Main.JohnClayton
Line: 1 to 1
 
META TOPICPARENT name="SecondPaper"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Line: 10 to 10
 

Introduction

Changed:
<
<
I spent my first three years out of undergrad working as a reporter in York, Pennsylvania, a small and fairly anonymous city whose affairs were nonetheless chronicled each day by not one, but two daily newspapers. I worked at the morning paper; our counterparts published in the afternoon. Given the modest scope of our coverage area—two mostly rural counties—our newsroom was well-stocked. Two dozen or so reporters, plus desk staff and photographers. Plenty to cover local politics and school board meetings and Friday night football games.
>
>
I three years out of undergrad working as a reporter in York, Pennsylvania, a small city whose affairs were nonetheless chronicled by not one, but two daily newspapers. I worked at the morning paper; our counterparts published in the afternoon. Given the modest scope of our coverage area—two mostly rural counties—our newsroom was well-stocked. Two dozen or so reporters, plus desk staff. Plenty to cover local politics, school board meetings, Friday night football games, and the like.
 
Changed:
<
<
Today, less than a dozen reporters remain at my old paper. A news publishing conglomerate bought us and outsourced desk jobs to a hub far from southcentral Pennsylvania. As far as I know, our competitor is not doing much better. It is hard to imagine York will stay a two-newspaper town for much longer.
>
>
Today, less than half that staff remains. A conglomerate bought us and outsourced jobs to a centralized editing hub. Our competitor is not doing much better. It is hard to imagine York will stay a two-newspaper town for much longer.
 
Changed:
<
<
Still, York is lucky. In recent years, researchers have increasingly studied the phenomenon of “news deserts.” As the internet siphoned away audiences and ad dollars, print media shriveled; a quarter of newspapers and half of local journalism jobs have disappeared in the last 15 years. Large swaths of the country, particularly rural areas, now have no local print or digital news outlets.
>
>
Still, York is lucky. Local print and digital news organizations across the country have shriveled, their audiences and ad dollars sucked away by the tech platforms. A quarter of newspapers and half of local journalism jobs have disappeared in the last 15 years. Researchers now study the phenomenon of “news deserts”—large swaths of the country, particularly rural areas, that have no local news coverage.

For an informational democracy to thrive, we must resurrect local news. The government has an interest in creating a sustainable and digitally based local news infrastructure. Indeed, under the First Amendment’s non-abridgement principle, it may have an obligation to.

 
Deleted:
<
<
For an informational democracy to thrive, we must resurrect local news. The government has an interest in creating a new and sustainable digital local news infrastructure. Indeed, under the First Amendment’s non-abridgement principle, it may even have an obligation to.
 

The Need for Local News in an Informational Democracy

Added:
>
>
The founders knew well the importance of a thriving press that circulated news and information to all corners of the country. James Madison argued that only an informed and engaged public could expose “public characters and measures” to the censorship of public opinion—the country’s “real sovereign”—and preserve, through informed voting, a government subservient to the People.

In theory, the ubiquity of the internet should make the circulation of news easier. We no longer need “good roads,” but only good spectrum. But our new media ecosystem has not worked out that way. The algorithmic marketplace of attention-consuming ideas is not suited to the bread-and-butter mundanities of local journalism: not only local elections and updates from city hall, but human-interest stories that increase one’s connection to their community.

The priorities of an informational democracy must include a renewed focus on creating in sustainable, community-based news operations. At the most basic level, accountability journalism discourages and exposes corruption by local officials who otherwise operate without oversight. But the presence of newspapers in a community has also been linked to more holistic benefits, like increased voter turnout, greater civic participation, and reduced political polarization. Local media can also play a vital role in alerting public health officials to the spread of disease—a salient concern in the time of COVID-19.

 

The Case for a Non-Abridgement Obligation

Added:
>
>
The for-profit news media bears much blame for its own collapse. For decades, bloated media organizations tied themselves to a for-profit, ad-based business model. Audiences moved online and advertisers migrated to the platforms and their troves of user targeting data. In one sense, the death of for-profit media, including local news outlets, is merely a story of technological disruption.

This is part of the story, to be sure, but not all of it. The government has long played a central role in structuring the media ecosystem, including local and print media. Newspapers, for example, received special treatment that allowed them to grow—such as insulation from tax and antitrust laws. Indeed, York’s two newspapers take advantage of a federal law carve out that allows them to pool advertising, printing, and circulation operations.

Conversely, more recent federal actions have likely exacerbated the decline in local news. The decision to immunize, via Section 230, the tech platforms from liability for third-party comments is perhaps the most egregious example. This immunity helped facilitate the dramatic growth of Google, Facebook, and Twitter, who freely leveraged news articles as attentional lures while siphoning away the ad dollars that once sustained the same outlets. Meanwhile, the loosening of merger rules by the FCC—including its recent decision to permit increased broadcast-newspaper cross-ownership in markets—has led to even greater media homogeneity. This is particularly true for broadcast news, where cross-packaging of content means less and less air-time is devoted to non-crime-related local news.

Thus, a colorable argument exists that, under a non-abridgement reading of the First Amendment, the government’s has an obligation to take remedial action to remedy the growth of news deserts that it helped hasten. The question then becomes what that action should be.

 
Changed:
<
<

Building Infrastructure for a New Local News

>
>

Building Digital Infrastructure for Local News

 



JohnClaytonSecondPaper 2 - 17 Apr 2021 - Main.JohnClayton
Line: 1 to 1
 
META TOPICPARENT name="SecondPaper"
Deleted:
<
<
 It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Line: 9 to 8
 -- By JohnClayton - 17 Apr 2021
Changed:
<
<

Section I

Subsection A

Subsub 1

Subsection B

>
>

Introduction

 
Added:
>
>
I spent my first three years out of undergrad working as a reporter in York, Pennsylvania, a small and fairly anonymous city whose affairs were nonetheless chronicled each day by not one, but two daily newspapers. I worked at the morning paper; our counterparts published in the afternoon. Given the modest scope of our coverage area—two mostly rural counties—our newsroom was well-stocked. Two dozen or so reporters, plus desk staff and photographers. Plenty to cover local politics and school board meetings and Friday night football games.
 
Changed:
<
<

Subsub 1

>
>
Today, less than a dozen reporters remain at my old paper. A news publishing conglomerate bought us and outsourced desk jobs to a hub far from southcentral Pennsylvania. As far as I know, our competitor is not doing much better. It is hard to imagine York will stay a two-newspaper town for much longer.
 
Added:
>
>
Still, York is lucky. In recent years, researchers have increasingly studied the phenomenon of “news deserts.” As the internet siphoned away audiences and ad dollars, print media shriveled; a quarter of newspapers and half of local journalism jobs have disappeared in the last 15 years. Large swaths of the country, particularly rural areas, now have no local print or digital news outlets.
 
Changed:
<
<

Subsub 2

>
>
For an informational democracy to thrive, we must resurrect local news. The government has an interest in creating a new and sustainable digital local news infrastructure. Indeed, under the First Amendment’s non-abridgement principle, it may even have an obligation to.
 
Added:
>
>

The Need for Local News in an Informational Democracy

 
Changed:
<
<

Section II

>
>

The Case for a Non-Abridgement Obligation

 
Deleted:
<
<

Subsection A

 
Changed:
<
<

Subsection B

>
>

Building Infrastructure for a New Local News

 



JohnClaytonSecondPaper 1 - 17 Apr 2021 - Main.JohnClayton
Line: 1 to 1
Added:
>
>
META TOPICPARENT name="SecondPaper"

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

New Deserts and Non-Abridgment: Supporting Informational Democracy by Reviving Local News

-- By JohnClayton - 17 Apr 2021

Section I

Subsection A

Subsub 1

Subsection B

Subsub 1

Subsub 2

Section II

Subsection A

Subsection B


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.


Revision 8r8 - 05 May 2021 - 18:40:47 - JohnClayton
Revision 7r7 - 04 May 2021 - 23:00:25 - JohnClayton
Revision 6r6 - 23 Apr 2021 - 18:36:18 - EbenMoglen
Revision 5r5 - 17 Apr 2021 - 23:07:26 - JohnClayton
Revision 4r4 - 17 Apr 2021 - 21:13:43 - JohnClayton
Revision 3r3 - 17 Apr 2021 - 17:45:15 - JohnClayton
Revision 2r2 - 17 Apr 2021 - 15:05:55 - JohnClayton
Revision 1r1 - 17 Apr 2021 - 00:19:12 - JohnClayton
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM