Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Monday, January 8, 2024

Hanley on America's Fourth Estate: History and Law @danielahanley @openmarkets

Daniel Hanley, Center for Journalism and Liberty, has published America’s Fourth Estate: History and Law.

Here is the abstract.

This Article details the extensive history of federal media regulation in the United States. Examining historic media regulation helps us see what robust public policy is possible and makes clear that, like all markets, the media industry is constructed by the state, and the practices that corporations use to compete and how they compete are constructed from the law. Critically, this Article illuminates that antimonopoly has been a fundamental aspect of much of the federal regulation since the founding of the United States and that such policies were meant to support and structure the news industry in the public interest, specifically to foster a news industry that is deconcentrated, capable of providing diverse opinions, able to hold the government and other powerful actors accountable to the rule of law, and maintain as wide a distribution system as possible so that the public can access information.

Download the article from SSRN at the link.

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