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SAVING THE NEWS

WHY THE CONSTITUTION CALLS FOR GOVERNMENT ACTION TO PRESERVE FREEDOM OF SPEECH

Thoughtful proposals for protecting the integrity of news.

The federal government has a moral and constitutional right to regulate digital platforms.

In the latest installment of the publisher’s Inalienable Rights series, longtime Harvard Law School professor Minow offers a cogent analysis of the contemporary news ecosystem along with suggestions for much-needed reforms. Newton Minow, former chairman of the Federal Communications Commission and the author’s father, notes in his preface that “two words—public interest—are disappearing from communications policy.” With the dominance of digital sources, he adds, speech has become so democratized “that no one can be heard, bad actors flood social media, and democratic deliberation is damaged.” The author identifies major problems in news access, such as the declining roles of professional journalists and news outlets; the rise of “foreign actors, bots, and manipulative interests” on digital platforms; and the turning over of editorial activity to algorithms. Without reforms, she writes, “access to information, checks on falsehoods, government accountability, and journalism exposing corruption and other abuses of power are all in severe jeopardy.” The Constitution does not preclude governmental intervention, she asserts; “the First Amendment constrains Congress from abridging the freedom of the press and the freedom of speech, but it does not bar actions to strengthen them.” At present, antitrust law, tax law, government subsidies, intellectual property law, and libel and defamation laws all coexist with the First Amendment. Minow examines a series of possible reforms, including requiring payment for news circulated on social media, to help support journalists and editors; curtailing immunity of platforms such as Google and Facebook to liability suits; regulating large digital platforms as public utilities; enforcing terms of service agreements to guard against fraud and deception; regulating and enforcing fraud protections; and supporting nonprofit consumer-protection efforts and nonprofit news sources. Acknowledging that “no one initiative would be sufficient,” Minow underscores the urgency of restoring public interest to communications policy.

Thoughtful proposals for protecting the integrity of news.

Pub Date: July 1, 2021

ISBN: 978-0-19-094841-2

Page Count: 248

Publisher: Oxford Univ.

Review Posted Online: April 20, 2021

Kirkus Reviews Issue: May 15, 2021

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ABUNDANCE

Cogent, well-timed ideas for meeting today’s biggest challenges.

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Helping liberals get out of their own way.

Klein, a New York Times columnist, and Thompson, an Atlantic staffer, lean to the left, but they aren’t interrogating the usual suspects. Aware that many conservatives have no interest in their opinions, the authors target their own side’s “pathologies.” Why do red states greenlight the kind of renewable energy projects that often languish in blue states? Why does liberal California have the nation’s most severe homelessness and housing affordability crises? One big reason: Liberal leadership has ensnared itself in a web of well-intentioned yet often onerous “goals, standards, and rules.” This “procedural kludge,” partially shaped by lawyers who pioneered a “democracy by lawsuit” strategy in the 1960s, threatens to stymie key breakthroughs. Consider the anti-pollution laws passed after World War II. In the decades since, homeowners’ groups in liberal locales have cited such statutes in lawsuits meant to stop new affordable housing. Today, these laws “block the clean energy projects” required to tackle climate change. Nuclear energy is “inarguably safer” than the fossil fuel variety, but because Washington doesn’t always “properly weigh risk,” it almost never builds new reactors. Meanwhile, technologies that may cure disease or slash the carbon footprint of cement production benefit from government support, but too often the grant process “rewards caution and punishes outsider thinking.” The authors call this style of governing “everything-bagel liberalism,” so named because of its many government mandates. Instead, they envision “a politics of abundance” that would remake travel, work, and health. This won’t happen without “changing the processes that make building and inventing so hard.” It’s time, then, to scrutinize everything from municipal zoning regulations to the paperwork requirements for scientists getting federal funding. The authors’ debut as a duo is very smart and eminently useful.

Cogent, well-timed ideas for meeting today’s biggest challenges.

Pub Date: March 18, 2025

ISBN: 9781668023488

Page Count: 320

Publisher: Avid Reader Press

Review Posted Online: Jan. 16, 2025

Kirkus Reviews Issue: Feb. 15, 2025

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A PEOPLE'S HISTORY OF THE UNITED STATES

For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.

Pub Date: Jan. 1, 1979

ISBN: 0061965588

Page Count: 772

Publisher: Harper & Row

Review Posted Online: May 26, 2012

Kirkus Reviews Issue: Jan. 1, 1979

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