Cover

Half-title

Series-title

Title

Copyright

Dedication

Contents

Preface

Introduction

1 Democracy at the Crossroads: Why Ownership Matters

THE THREE MAIN REASONS FOR OPPOSING OWNERSHIP CONCENTRATION

1 A More Democratic Distribution of Communicative Power

2 Democratic Safeguards

3 Quality and the Bottom Line

ADDITIONAL STRUCTURAL CONSIDERATIONS

4 Vulnerability to Outside Pressure

5 Internal Distortions

6 Inefficient Synergies

7 A Pragmatic Aside

8 Countervailing Benefits?

2 Not a Real Problem: Many Owners, Many Sources

COMPAINE’S ANALYSIS AND THE CHICAGO SCHOOL APPROACH TO ANTITRUST

Media as a Whole Is Not the Relevant Market

Power over Price Fails as a Surrogate for Antitrust’s: Proper Socio-Political Concerns

Even This Enlarged Conception of Antitrust Is Insufficient to Account for the Fundamental Reasons (Discussed in Chapter 1) to Limit Concentration

THE FCC’S DIVERSITY INDEX

3 Not a Real Problem: The Market or the Internet Will Provide

THE MARKET CONTROLS AND PROVIDES

THE INTERNET AS A SOLUTION

INTERNET EFFECTS

DOES THE INTERNET ELIMINATE CONCERNS ABOUT CONCENTRATION?

Investment in Quality Content

Dangers of Concentrated Communicative Power

Democratic Distribution of Communicative Power

4 The First Amendment Guarantee of a Free Press: An Objection to Regulation?

THE FIRST AMENDMENT AS A LIMIT ON GOVERNMENT POWER: THREE PREMISES

Ultimate Beneficiary of Press Freedom

The Aims of Press Freedom

Judicial Activism

THE ULTIMATE BENEFICIARY (OR BASIS) OF PRESS FREEDOMS

UNDERMINING FIRST AMENDMENT AIMS

Purpose/Effects Analysis

Aims of the Freedom of the Press Guarantee

JUDICIAL ACTIVISM: THE PROPER LEVEL AND FORM OF SCRUTINY

THE FIRST AMENDMENT AS REQUIRING LIMITS ON CONCENTRATION?

5 Solutions and Responses

FLAWED REGULATORY LIMITS ON OWNERSHIP

Limiting Reach or Audience of a Media Entity

Prohibition on a Media Firm Creating New Media Entities

POLICY PROPOSALS

1 Antitrust Law

2 Require Government Approval for Merger

3 Prohibit Mergers That Increase Concentration or Involve Takeover by Nonmedia Firms

4 Editorial Independence

5 Require Journalists' Approval for Merger

6 Tax and Subsidy Policies Encouraging Dispersal and Discouraging Concentration

7 Special Responsibilities Imposed on Large Media Firms

Postscript: Policy Opportunism

A More Democratic Distribution of Communicative Power

Risk Reduction: Avoiding Demagogic Power and Promoting the Watchdog Role

Reducing Consequences of Market Failures in Content Production and Provision

POLICY SUMMARY

Notes

Preface

Introduction

Chapter 1. Democracy at the Crossroads: Why Ownership Matters

Chapter 2. Not a Real Problem: Many Owners, Many Sources

Chapter 3. Not a Real Problem: The Market or the Internet Will Provide

Chapter 4. The First Amendment Guarantee of a Free Press: An Objection to Regulation?

Chapter 5. Solutions and Responses

Postscript

Index