Speaking Up for a Free Press

Something quite remarkable – unprecedented, actually – is scheduled to take place on Aug. 16. More than 100 newspapers across the country will mount a coordinated editorial response to President Trump’s increasingly frequent attacks on the media. Responding to a rallying cry from the Boston Globe, papers ranging from large metropolitan dailies to small weeklies will publish editorials defending freedom of the press and their critical role in this democracy. They will be joined by members of the broadcast media as well, with the strong support of the Radio-Television Digital News Association.

These editorial writers will be reacting to the constant stream of messages from the president, in tweets and speeches, that the mainstream media are “the enemy of the people,” “fake, fake disgusting news,” “fake news media,” and so forth.

One school of thought has held that replying to such charges is pointless because the president’s pronouncements are either hollow rhetoric or impulsive ramblings or political fodder for his base – or some combination of the three. Furthermore, since the First Amendment guarantees freedom of the press, and the courts are willing to uphold that freedom, the president’s words can have no real effect on the media. Thus, this line of thinking concludes, the act of replying to hollow assertions becomes a hollow act itself.

Continue reading “Speaking Up for a Free Press”

The Enduring Threat of Net Neutrality

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary. – H.L. Mencken

No regulatory issue in memory has been quite like that of “net neutrality.” A solution in search of a problem, bankrolled and of early and particular economic benefit to two companies, and a regulation that threatens to give government sway over an industry where it had none before, network neutrality by regulation defies logic, history, and the way the world works. Other than that it’s one terrific idea.

Net neutrality was conjured up by an alliance of left-wing activists, Democratic commissioners of the FCC, and certain Internet companies and their trade associations. The regulations that followed have been on a devolutionary path, such that what was merely bad (net neutrality under Title I) became, in 2015, very much worse – net neutrality under Title II. Continue reading “The Enduring Threat of Net Neutrality”

Progressives’ Anti-Merger Mania

The proposed merger between the cable systems of Charter Communications, Time Warner Cable, and Bright House Networks has brought out the usual poseurs in opposition.  I speak, of course, of such as Common Cause, Consumers Union, and Public Knowledge (all of which are wrong in their usual and tiresome way, but not certifiable), and their more extreme kin, Media Alliance and Free Press.

As it happens, there exists a bridge between these armies of progressivism in the person of former FCC commissioner Michael Copps.  Since leaving the FCC, Copps has flocked to the aid of those organizations he favored when he was a commissioner.  So it is that the gentleman is now on the board of Free Press and a “special adviser” to Common Cause.

Which, of course, is why it’s important to know the kinds of things he’s saying about the merger.  Writing in Common Dreams (“Breaking News and Views for the Progressive Community”), Copps relieves himself of opinions like these:

This merger would create a new Comcast – a national cable giant with the ability and the incentive to thwart competition, diversity, and consumer choice….  >> Read More

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.  The full version of this article appeared in The Hill on Feb. 9, 2016.

The FCC’s Wheeler of Fortune

LAS VEGAS – Federal Communications Commission (FCC) Chairman Tom Wheeler’s speech yesterday to broadcasters attending the NAB (National Association of Broadcasters) Show here dealt primarily with broadcast-specific subjects.  But as expected, he also used the occasion to tout the Commission’s new Open Internet Order, arguing that broadcasters should support it because, like the must-carry rules, the order “assures that your use of the Internet will be free from the risk of discrimination or hold-up by a gatekeeper.”

To characterize this claim as 100-proof claptrap would be to understate the case.  Put simply, no Internet service provider has, or would have, the tiniest interest in discriminating against anything broadcasters might want to put online.  Indeed, net neutrality is widely embraced by the phone and cable companies.

The real issue is the way in which the FCC – through Title II regulation – proposes to define and enforce net neutrality in the future.

Much has been said about the inefficiencies and investment-reducing effects of Title II regulation, and most all of it is true.  But the less-well-discussed aspect is the potential in it for activist groups and ideologues like Free Press and kindred organizations to exploit this order in attempts to impose certain types of content controls.  >> Read More

What Changed the FCC Chairman’s Mind?

On the occasion last week of the Federal Communications Commission (FCC)’s passage of “net neutrality” regulations, Tom Wheeler, chairman of the Commission, announced that it was “the proudest day of my public policy life.”  It’s not known whether that statement is a reflection of how little Wheeler feels he’s accomplished in life, or an embarrassing attempt to take credit for something that was forced on him.

What we do know is that the regulation that passed with his vote – and those of the other two Democrats on the Commission – was not the much sounder one Wheeler initially proposed, but a radical version that carries within it opportunities for mischief and much worse than that.

So what happened to change Wheeler’s mind?  The most obvious explanation is the interjection of President Obama who, a few weeks before the vote, publicly stated his view that the FCC should subject Internet service providers (ISPs) to utility-like regulation.  This is the explanation for Wheeler’s switch held by most insiders, and there’s no doubt that these FCC commissioners, their notional “independence” notwithstanding, move like earlier ones to the music of their parties and the presidents who appoint them. >> Read More

Who’s Behind the Push for Net Neutrality?

If “net neutrality” were a life form, it would be classified as a simple organism.  And that lack of complexity, as it happens, is its very appeal to certain “progressives,” garden-variety regulators, and large Internet companies, who see in government regulation of the Internet opportunities to cement and extend their franchises.

The brave and gifted Federal Communications Commission (FCC) Commissioner Ajit Pai, and former commissioner Robert McDowell, are doing all they can to point out the many already identifiable problems, as well as potential pitfalls, that line the path of this regulatory nightmare.  Among those problems are higher user fees to consumers, a slowdown in the rate of investment in broadband infrastructure, regulatory creep, and the wrong kind of example to set before foreign dictators and tyrants.

Alas, none of this is likely to deter the three Democratic FCC commissioners, as instructed by the White House, from passing this regulation.

What has not been much discussed in all of this is the role in the promotion of net neutrality played by some of the actors: activist groups like Free Press, Public Knowledge, and Media Matters; huge grant-giving foundations like the Ford, Soros, and Knight foundations; and companies like Google.   >>Read More

Net Neutrality: Fast Lanes and the Usual Suspects

You can sometimes judge the quality of a thing by those who oppose it.  In the case of FCC Chairman Wheeler’s plan to allow the sale of “fast lanes” by Internet service providers, we have the usual suspects.

There is, for instance, Rep. Bernie Sanders (I-Vt.), about whom it’s impossible to say a single flattering thing, and organizations like Public Knowledge, Common Cause, and Free Press, whose role, these days, is to be the routinely embarrassing coiners of nonsensical slogans like “Net Neutrality: The First Amendment of the Internet.”

So these, and more, have been roused to high dudgeon by a plan that would allow ISPs to give Internet content providers the opportunity to pay more for a speedier route to consumers.  (Oh no, not that!)

The Media Institute has spent a lot of time with “net neutrality,” and we were pleased that under former FCC chairman Genachowski the FCC adopted a “lite” form of it.  But we also said it was a solution in search of a problem, and that the only lasting effect of it would be to set a precedent for regulation of the theretofore unregulated Internet.

Still, judging by the negative reaction to the modest plan offered by Wheeler – a plan that was in direct response to a court order, and that reportedly keeps in place restrictions against all the kinds of dastardly things ISPs were falsely accused of planning to do – there’s a core of people who can’t get away from the “cause.”

One of the more flamboyant of the bunch is former FCC commissioner Michael Copps, who, on the subject, is reported to have relieved himself of this nugget: “If the Commission subverts the Open Internet by creating a fast lane for the 1 percent and slow lanes for the 99 percent, it would be an insult to both citizens and to the promise of the Net.”

Time will tell whether more people think it’s Wheeler’s plan, or Copps’s statement, which is the greater insult.

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.

Political Correctness Takes a Turn for the Worse

It’s widely understood that “political correctness” can be employed as a speech-killing device.   But it’s only been in recent times that we’ve been able to witness the full range of its lethality.

From colleges and universities like Fordham, Brown, and Brandeis have come recent, ugly demonstrations of intolerance, based on PC–themed arguments, which have yielded a suppression of “disfavored” speech on those campuses.

Elsewhere, columnist Charles Krauthammer reports that in February, the Washington Post received 110,000 signatures on a petition demanding a ban on any article questioning global warming!

In the midst of all this have come a number of commentaries, mostly written by conservatives or libertarians, decrying this state of affairs, and the apparent acquiescence in it of mainstream entertainment and journalism outfits.

Subjects that have prompted recent censorious acts include opposition to (1) the Affordable Care Act; (2) global warming or “climate change”; (3) same-sex marriage; and (4) abortion.

The role of the media in the growth of the speech police hasn’t been so much a matter of their overt support as of their benign neglect.  So it is that environmental organizations can brand climate change skeptics as “deniers,” whose views are unworthy of circulation or consideration, safe in the knowledge that most in the mainstream media agree with their take on the issue, even if they may not themselves encourage censorship activities.

So too with the Affordable Care Act, same-sex marriage, and abortion, opposition to all of which has been loudly and uncritically attributed to racism, homophobia, and a “war on women,” respectively.

As Krauthammer put it in his piece about the number of signatures on the global warming petition: “The left is entering a new phase of ideological intolerance – no longer trying to win the debate but stopping debate altogether, banishing from public discourse any and all opposition….  Long a staple of academia, the totalitarian impulse is spreading.  What to do?  Defend the dissenters, even if – perhaps, especially if – you disagree with their policy.  It is – it was? – the American way.”

It’s against this backdrop that one reads with considerable relief an article published last week in … Nation magazine!  Written by Michelle Goldberg, and titled “#Cancel Colbert and the Return of the Anti-Liberal Left,” this slim offering is one of the best, and more encouraging, things written about political correctness in recent memory.  It’s one of the best because of the reasoning employed in the piece; it’s important because of its publication in the resolutely left-wing Nation.

But don’t take my word for it.  Read on:

It’s increasingly clear that we are entering a new era of political correctness.  Recently, we’ve seen the calls to #CancelColbert because of something outrageous said by Stephen Colbert’s blowhard alter ego, who has been saying outrageous things regularly for nine years….  Then there’s the sudden demand for “trigger warnings” on college syllabi, meant to protect students from encountering ideas or images that may traumatize them….

Call it left-wing anti-liberalism: the idea, captured by Herbert Marcuse in his 1965 essay Repressive Tolerance, that social justice demands curbs on freedom of expression and that “it is possible to identify policies, opinions, movements which would promote this chance, and those which would do the opposite.  Suppression of the regressive ones is a prerequisite for the strengthening of the progressive ones….”

Note both the belief that correct opinions can be dispassionately identified, and the blithe confidence in the wisdom of those empowered to do the suppressing.

What Goldberg calls “left-wing anti-liberalism,” others might characterize more harshly.  Take, for instance, the example of the group called Media Matters for America, created for no other reason than to attempt to silence conservative voices.  To characterize such a group as merely anti-liberal, or anti-conservative, would seem like a rather dainty way of putting it.

Beyond MMA, there are other groups and individuals, whose actions or theories play a role in the speech suppression business.  Robert McChesney, co-founder of the septic organization misnamed Free Press, comes to mind.

This said, there’s much to be appreciated in Goldberg’s thesis.  For one thing there’s the consoling fact that, for all the cultural and political differences currently roiling the nation, there are certain bedrock principles, like free speech, that people of vastly different perspectives can rally around.

For a nation founded on the principles of popular democracy and the Bill of Rights, this is a good thing indeed.

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.

Net Neutrality Decision: A Welcome Development

Tuesday’s decision by the D.C. Circuit Court of Appeals, striking down the FCC’s so-called “net neutrality” regulations, is a welcome development.  As noted by many, these regulations amount to a solution in search of a problem, with the only lasting and real-world effects being the creation of the precedent of governmental oversight of the previously unregulated Internet.

Moreover, and as argued in this space a little over a year ago, there is an international dimension to net neutrality, as the existence of these regulations in the U.S.A. advances the agendas of countries like Russia and China in regulating the Internet through the International Telecommunication Union.

Writing today in the Wall Street Journal, former FCC commissioner Robert McDowell makes a convincing case that, for this reason too, the FCC should abandon any further attempts to promote net neutrality.

For the new FCC chairman, Tom Wheeler, this development threatens the very real prospect of becoming his signature activity for the duration of his term.  This, because if, at the urging of Internet companies like Google, plus the Obama Administration, Wheeler is importuned to try to resurrect the net neutrality rules, he basically has but two options.  One is to appeal the Circuit Court’s decision, and the other is to attempt to reclassify broadband provision as a “telecommunications service,” rather than an “information service,” something that would allow the imposition of net neutrality regs (and who knows what else) by the same authority that the FCC regulates telephone service.

But if Wheeler goes the reclassification route, it will set off congressional fireworks of a sort that will land him and the FCC in a protracted war with telecom companies, and Republican legislators, without any guarantee of success.

Still, one can only imagine the angst among the net neutrality crowd following yesterday’s decision. As reported in The Hill by Kate Tummarello, Internet companies have “pushed net neutrality with an almost religious fervor.”  Indeed, one of the most ardent pushers, the ludicrous organization called Free Press, coined the sophomoric slogan: “Net neutrality, the First Amendment of the Internet.”

So it’s not at all clear what the FCC’s next step will be, but suffice to say that the Circuit Court’s decision is going to make for some very interesting times there … and elsewhere.

                                               

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.

 

Julius Genachowski and Broadband Billing

Comments made earlier this week by FCC chairman Julius Genachowski have raised hackles at organizations like Free Press and kindred groups.  The occasion was the Cable Show in Boston, and the offending subject was what is called “usage-based billing” – the radical notion that people who use more of a thing should pay more than those who use less.

In a Q&A session with Michael Powell, former FCC chairman and current CEO of the National Cable and Telecommunications Association, Genachowski avowed that there was much to like about broadband providers basing their charges on usage (rather than on a one-size-fits-all basis).

This wasn’t the first time Genachowski had endorsed this practice – it was part of the net neutrality regulations that the FCC promulgated a couple of years ago – but it was enough to provoke the simple folk at Free Press into eruptions of their usual blather.

The last time broadband billing was discussed in this blog (April 2009), the news was Time Warner Cable’s decision, under fire from people and organizations like Free Press, Public Knowledge, and Sen. Charles Schumer, to suspend their trials of this kind of billing in a handful of cities.

As reported at the time, the air was thick with celebration as the “victors” issued triumphant statements on the occasion.  Triumphant no more, they have been reduced, in response to Genachowski’s comments on Tuesday, to broadsides and bromides like this one from Matt Wood, policy director of Free Press: “The data caps being pushed by the biggest cable companies are bad for consumers … and the FCC should be investigating these caps, not endorsing them.”

But enough about broadband billing per se.  The more noteworthy thing about Genachowski’s comment is that this marks at least the third time that he has demonstrated his independence from the louder voices among communications policy outfits.

The first time was with the FCC’s adoption of what came to be called “net neutrality lite,” and the second was when he hired Steve Waldman to head up the agency’s “future of media” report, a document that steered clear of the most intrusive and inappropriate kinds of recommendations that had been proposed for it.

None of this is to say – nor would the gentleman necessarily welcome our saying – that Mr. Genachowski is the very model of what one looks for in an FCC chairman.  Though the net neutrality regulations are much better than what they might have been, better still would be no such regulations at all.

Still, in an environment as divisive as Washington’s, it’s probably a good idea once in a while to step outside of it all and give credit where credit is due.  So props to Julius Genachowski for his embrace of usage-based broadband billing.  ’Tis a fine thing he’s done.

                                     

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils.