Monday, December 8, 2008
Thomas J. Pate, Harvard Law School & University of Miami Law School, has published "Media Concentration: Different Solutions to a Growing Problem in the Contexts of the United States and Latin America." Here is the abstract.
An analysis of the problem of media concentration is analyzed in the context of the United States, including a brief description of the current state of affairs. Possible forms of regulation and past attempts to regulate the media, such as the Newspaper Preservation Act, are briefly discussed. Finally, this paper offers an analysis of whether First Amendment rights and their strict interpretation by the Supreme Court and the appellate courts allow for structural regulation of media ownership.
Taking a comparative approach, media concentration and its consequences are analyzed in an historical context in Latin America. Four countries and the media conglomerates that largely control their informational needs are reviewed. Emphasis is placed on the unique differences of the Latin American tradition and democratic development vis a vis the United States' experience. Lastly, two different conclusions are offered for each of the regions studied, highlighting these differences.
Download the paper from SSRN here.