Government Should Have No Role in Policing News Distortions

In early February, CBS News complied with an FCC request to hand over the raw footage and transcript from an October 2024 interview with Democratic presidential candidate Kamala Harris. The FCC has re-opened a closed file of a complaint that alleges CBS doctored the interview.

President Trump has already weighed in with his conclusion in a Truth Social post – CBS “defrauded the public,” he claims, and the network “should lose its license.”

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The Ticking Clock on Legally Restricting TikTok

Amidst the growing concern over TikTok’s massive availability in the United States, Congress now is ramping up its public scrutiny of that company, which is owned by China’s ByteDance. That foreign ownership has raised serious concerns regarding whether the company might constitute a national security threat that warrants an outright nationwide ban.

Such a ban, which has been advocated by Rep. Cathy McMorris Rodgers (R-Wash.), chair of the House Energy and Commerce Committee, raises First Amendment concerns that the government may not be able to justify under the constitutional strict scrutiny test of the Supreme Court that likely would apply in this case. It is unclear, and at this point unlikely, that a sufficient showing could be made to convince a federal court that the gravity of the national security risk in practice would justify restricting the ability of 150 million Americans to use the app for sending and receiving information.

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Why Elon Musk’s Digital Town Square Model for Twitter Remains Elusive

When Elon Musk acquired Twitter in October, he sent a prominent virtue signal.  Musk indicated that under his ownership, Twitter would be “a common digital town square, where a wide range of beliefs can be debated in a healthy manner.” 

This notion was quickly picked up in numerous glowing tweets, then amplified by media worldwide.  But we have learned in the ensuing months that there never was and never will be a digital town square.

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The Censor’s Dilemma

Pity the plight of poor Anthony Comstock.  The man H.L. Mencken described as “the Copernicus of a quite new art and science,” who literally invented the profession of anti-obscenity crusader in the waning days of the 19th century, ultimately got, as legendary comic Rodney Dangerfield would say, “no respect, no respect at all.”  

As head of the New York Society for the Suppression of Vice and special agent for the U.S. Post Office under a law that popularly bore his name, Comstock was, in Mencken’s words, the one “who first capitalized moral endeavor like baseball or the soap business, and made himself the first of its kept professors.”

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Attacking Free Speech Doesn’t Just Hurt Tech: America Must Stay True to Its First Amendment Principles

The First Amendment is one of the cornerstone principles that define this nation. There is no such thing as freedom if we cannot speak freely.   

Today, however, our nation seems less interested in protecting free speech than at any time I can recall. Major advocates of free speech like the ACLU are wavering in their support of our First Amendment, and lawmakers on both sides of the aisle are fighting for the government to censor online speech.  

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The Role of Targeted Advertising In Supporting First Amendment Principles

One can scarcely remember the time, only a few short decades ago, when life moved along without the array of personal digital devices that have come to define today’s culture.  All of that changed, of course, with the advent of the Internet and the ability to access a burgeoning number of websites (which themselves were rapidly evolving). 

Personal desktop computers, portable laptops, tablets, cell phones, and “smart phones” would fuel the tech revolution.  Who could imagine that someday one’s phone, tablet, and computers would all be synchronized into a seamless whole.  Or that millions of Americans would spend vast amounts of time engaging each other via something called “social media.”

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Time To Review Kid Vid Regulations

Under Chairman Ajit Pai, the Federal Communications Commission has made some remarkable strides in reviewing and moving to repeal a host of burdensome regulations that have outlived their usefulness. Media ownership rules like the newspaper/broadcast cross ownership ban come to mind, as do the Commission’s highly inflammatory efforts to roll back the enforcement of net neutrality under Title II.

The Commission continues to forge ahead. The next salvo may well be the initiative announced by Chairman Pai to review the rules governing educational and informational programming for children aired by broadcasters, known as the “Kid Vid” rules. Commissioner Michael O’Rielly has agreed to oversee the review of these regulations.

The story of the Kid Vid rules is a familiar one, at least in its broad strokes. Congress enacts legislation to address a perceived problem, in this case deficiencies in broadcast programming aimed at children (Children’s Television Act of 1990). The FCC carries out its obligation to issue regulations implementing the legislation (Policies and Rules Concerning Children’s Television Programming, 1991).

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Free Speech Week: Much To Celebrate

Free Speech Week is upon us. Or, as the headline of a story about the week written by Amy Mclean in Cablefax puts it: “What a Time for Free Speech Week.” What a time, indeed.

Just last week we saw the president raising the specter of whether the government should revoke television licenses based on the content of televised news coverage. The same president has wondered aloud (via Twitter, of course) whether the National Football League should have federal tax benefits revoked if owners continue to allow players to kneel during the National Anthem.

Speech on college campuses continues to be stifled in a variety of ways, from disinviting controversial guest speakers to relegating the expression of opinions by individuals to out-of-the-way “free speech zones.” On some campuses, students are supposed to be warned by professors before controversial topics are discussed in class, lest the students be traumatized. Continue reading “Free Speech Week: Much To Celebrate”

Is This What Net Neutrality Is Really About?

Recent congressional hearings held in the wake of the Federal Communication Commission’s (FCC) net neutrality ruling provide a glimpse into what is so deeply wrong with this regulation, and why so many activist groups were behind it.

It’s an aspect of this matter of which you were perhaps unaware while the FCC was considering its regulatory strategy. Perhaps you thought net neutrality meant what was said of it: that it was intended to prevent the blocking or throttling of websites, or of “paid prioritization.”

Silly you.  Actually, those were the interests of those companies — like Google and Netflix — that saw in governmental sway over the Internet commercial benefits for themselves.  But what about those groups and individuals who had political or ideological interests, and who played such outsized roles in the deal?

You know, groups like Free Press, Media Matters, Public Knowledge and New America’s Open Technology Institute?  Or what about the large grant-giving foundations, like Ford, MacArthur, Knight, and George Soros’s Open Society Institute that, in addition to munificently funding third-party net neutrality activists, directly lobbied the FCC themselves?

It should now be clear, even to those who weren’t paying attention earlier, that the primary interest these groups had, and have, in net neutrality is their desire to insinuate government in the regulation of speech on the Internet.  >> Read More

 

‘Breaking Bad’ Elevated Television

If you’ve been out of the country for the past six years, you have an excuse for being unfamiliar with Breaking Bad, perhaps the best show that’s ever been on television.

The story of Walter White, a humble high school chemistry teacher who, upon learning he has lung cancer, decides to team up with a former student to make methamphetamines, BB portrays the transformation of White from “Mr. Chips into Scarface,” as the show’s creator, Vince Gilligan, describes it.

Fresh off its Emmy award as best drama series, a recognition that was too long in coming, the question now is when will we see another TV series that is as astonishingly good?  And another question: Why is it so hard for truly excellent programming to get air time?

In his book Difficult Men, Brett Martin recounts the lengthy and harrowing path traversed by Gilligan on the way to securing a deal with AMC, one of the several channels that comprise AMC Networks.

Martin tells the tale of Gilligan’s meeting with executives of the TNT cable network, who liked the show but were afraid of the drug-making aspect of it: “We don’t want to be stereotypical philistine executives, but does it have to be meth?  We love this, but if we buy it, we’ll be fired.”

Nor was TNT the only cable network that turned thumbs down on Breaking Bad.  So too did Showtime, HBO, and FX, meaning, as Gilligan put it, “there was no place left in the known universe.”

Elsewhere in his book, Martin usefully recounts the words of the AMC executive (Rob Sorcher) who decided to take a chance on the show: “We had had success with Mad Men,” he said.  “And once you’ve had that cookie it tastes good.  You want another one.  The decision to go another way, believe me, it was … terrifying.  But once you did, once you chose quality over everything else … you could do anything.”

At a time when so much video programming – film as well as TV – is demographically driven, PC themed, and/or scripted for cardboard characters, Breaking Bad is something very different.

Incorporating tremendous writing, directing, acting, and visuals, BB delivered a series that was marked by ambiguity, complexity, surprise, and sophistication.

As many have noted, in recent years the Emmy’s have been dominated by cable rather than broadcast network programming.  Indeed, both pay and basic cable channels have gained a reputation as the place to find smarter, edgier original series like Mad Men, The Sopranos, and of course Breaking Bad (despite the initial drug-themed hesitation about BB).  And this raises the question of why much of the best programming has been gravitating to cable.  

One explanation is that broadcasting is much more heavily regulated.  For this reason, programming that is marked by sexual or violent content carries greater risk for broadcasters than for cable networks.  And the risks involved don’t issue from government only.

A case in point is the Showtime program Dexter, a series that, though critically acclaimed, features both sexual situations and violence.  In 2007, CBS announced that it was considering broadcasting reruns of Dexter over the air.  In response, a conservative group, the Parents Television Council, warned CBS affiliates to preempt the show, and threatened the show’s advertisers.

As it happened, CBS edited the reruns down to a TV-14 rating and aired them on its affiliates, but only for a single season.

None of this is to suggest that violence equals excellence, or that excellence can only be achieved with the inclusion of violence – only that where violence is a necessary ingredient in the excellent telling of a good story, its inclusion ought not to preempt the airing of it.

For years now, many people have bemoaned the “dumbing down” of America, a phenomenon defined by Wikipedia as “the deliberate diminishment of the intellectual level of the content of schooling and education, of literature and cinema, and of news and culture.”

The popular and critical success of Breaking Bad demonstrates that there is both the talent and the audience for something better.

                                               

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  A version of this article appeared in the online edition of USA Today on Sept. 29, 2013.