Sunday, January 28, 2024

The Eight Values of Free Expression: Marketplace of Ideas

Marketplace of Ideas

After exploring and researching the eight values of free expression to compose this blog post, I chose John Milton's theory of the Marketplace of Ideas as the value of free expression that I resonated most with. I completely agree with Milton's theory that the truth will be revealed in an open market of competition. I see this marketplace on a daily basis, including published work, opinion pieces, social media posts, etc. The truth is vital for our country to thrive, and if the marketplace of speech and ideas was not open and unregulated, the public would receive a diluted version of the truth. Milton believed in "free, transparent public discourse" in order to achieve this marketplace, thereby allowing the truth to claw its way to the top amid competition and "falsehood." 

Our country and its protection of free speech under the 1st Amendment allowed for this competitive market to form. The government is unable to interfere in the publishing of pure speech, and the enactment of concepts like prior restraint and subsequent punishment are strictly regulated by the Constitution and Judicial Review, in order to hinder the government's reach into our media and speech rights. 

While I agree that the Marketplace of Ideas is the best system to foster competitive speech and allow falsehood in an effort to reveal that truth, I have noticed an increasingly alarming separation between the truth, and what the media wants America to see. A YouTube video I found titled "How the marketplace of ideas went rogue," Eli Pariser from Big Think explains that huge media corporations have stopped reporting what is best for their audience to consume. Instead, media outlets produce what is best for their viewers to see, to align their opinions with fact and keep certain groups of supporters happy. It is no secret that CNN is a left-leaning news outlets, while Fox News leans in the opposite direction. While CNN posts very few negative articles about President Biden, Fox News posts many and many. Each produces media that their followers want to see. Though causation cannot be proven, I believe in a strong correlation between the deepening political divide of our political parties and the increasing political bias within American news outlets. 

This bias does not promote the healthy competition Milton's Marketplace of Ideas was founded upon, and is honestly frustrating as an American citizen. If we have lost trust in the media, then how do we know what is the truth? "How the marketplace of ideas went rogue" also pointed out that "journalism is presented right alongside opinion content" in today's media world. I agree with this, especially because I see opinion post after opinion post on social media, and rarely news headlines or updates that don't involve the negative qualities of political candidates. Ultimately, I feel that our marketplace is not trustworthy in revealing the truth because opinion overshadows truth, but it is a slippery slope to attempt to regulate media corporations' to reduce their bias but preserve freedom of speech.

Licensing

One of Milton's main stances was written within his book Areopagitica, where he renounces Parliament's licensing order, which required any work from English citizens to possess a license to be published at the time. The government's requirement was that all pieces of work must be approved and licensed before they were published. Milton believed that Parliament's effort to stop books of "scandalous, seditious, and libellous" nature was not at all fruitful through the licensing order. Later in Areopagitica, Milton argues:

"Last, that it will be primely to the discouragement of all learning, and the stop of Truth, not only by disexercising and blunting our abilities in what we know already, but by hindring and cropping the discovery that might bee yet further made both in religious and civill Wisdome."

The idea presented within this quote is reflected by our present concept of prior restraint, which was established by the Supreme Court in the decision of New York Times v United States, 1971. After the Pentagon papers were leaked to the press, President Richard Nixon attempted to enact prior restraint upon them, claiming that he did this for national security purposes. The Court ruled against President Nixon and in favor of free speech, thereby voiding his order of prior restraint because the papers contained evidence that both the President and government had lied to the public about facts of the Vietnam war. The precedent set by the Court decision of this case was that prior restraint can only be justified if there is clear evidence that the publishing of information has a direct threat to national security. The website Oyez provided me both the background information and the Court's ruling and decision for this case. 


If the Supreme Court had ruled in favor of President Nixon's use of prior restraint, The New York Times and Washington Post would have been unable to print the evidence that the government was reaching its fingers farther into the war than the public, or anyone, knew. 

Milton's values align against the concept of prior restraint, in which the Supreme Court has set precedent that this restriction on free speech and publication may only be invoked with evidence of the clearest threat to American safety. If the same licensing order that Parliament dictated centuries ago was still in effect today, all of our news and information would be government-approved and thereby censored to prevent tarnishing to the government's reputation and any discordance against the government from the people.

Connections

There are two things that draw me to Milton's Marketplace of Ideas: the first, that I have Journalism and English majors, and the second, my frustration with political bias in today's media. As a passionate writer for most of my life, I have always wanted to explore some kind of career within the journalism field. Milton's argument about lack of licensing to print and publish is a crucial concept to protect free speech within our country. Anyone can write and post anything (that is protected under the 1st Amendment), and this is how it should be. People with opinions should be able to express them without necessary government approval, in the same way that negative information about our government should be available to the public. If the government had the ability to enact prior restraint on my written work in the name of their own self-preservation, I would have no desire to work within the journalism field, or write anything opinion-related at all.


We talked in class about the censorship of CNN reporting on the Israel-Palestine conflict. Journalists who are reporting for CNN on the Gaza war "must submit their work for review by the news organization's bureau in Jerusalem prior to publication," according to Daniel Boguslaw, who writes for The Intercept. The article, "CNN Runs Gaza Coverage Past Jerusalem Team Operating Under Shadow of IDF Censor," goes on to explain that certain subjects are completely banned from being published about, and that CNN employees received an email informing them of what they can and cannot write about, including restrictions around the death toll of the conflict. Hearing this blatant example of censorship, even while it is happening in another country, is still extremely frightening when I think about the conglomerate that CNN is. If they are so quick to allow this censorship to happen, does that mean that other media outlets and news sources follow these free speech restrictions as well? It begs the question of whether or not this is happening in our media today as Americans, and how we prevent this censorship from leaking into our own marketplace.

Tuesday, January 23, 2024

The Supreme Court

 

The judicial branch is as vital a branch of government as both the executive and legislative. The cruciality of the Supreme Court is often overlooked in comparison to that of the US Senate, House of Representatives, or role of the Presidency. After watching the "History and Workings of the U.S. Supreme Court" and reading the article titled "Supreme Court" from the History Channel, I have come to understand just how crucial the Supreme Court is in our governmental processes and to uphold the justice system of the US.

Before this research, I viewed the Supreme Court as more decorative, and saw judicial review as a check and balance used rarely to rein in the powers of the legislative and executive branches. After watching the video, I learned that the SC is the most powerful court in the country, and this power extends over every law of the US. 

The video outlined the three main goals that the Supreme Court was founded upon:

  1. Safeguarding liberty
  2. Preserving the union
  3. Upholding the government of law


Established in 1789, and organized through the Judiciary Act of 1789, the Supreme Court was bestowed its powers by the US Constitution. I learned that there were originally six justices, including the Chief Justice, but that there are now nine justices serving on the Court. Another interesting fact that I encountered while watching the video was that out of the 7,000 cases the Supreme Court receives each year, they accept about 100. I was not aware that the Court is able to review and decide this large number of cases yearly. I now understand why each Justice has a staff supporting them, to ease the workload. I found it admirable though when Justice Ruth Bader Ginsburg remarked on camera that each Justice works tirelessly to review the case information themselves, and write the Court's reasoning and opinion after a decision is made. 


After taking a Criminal Evidence class last semester, I read about 2-3 Supreme Court cases a week, and read many Court decision explanations. It was both surprising and commendable to learn that each explanation is written and edited by the Justices. I believe that their ability to review, revise, amend and draft the opinion and dissent is crucial to providing Americans details into the Court's process behind the case, and offer the minority side a chance of rebuttal. 

Thursday, January 18, 2024

My Top 5 Sources for News and Information

My top source of news and information are various podcasts that specialize in certain topics and areas. One of my most listened to podcasts is "The Daily Signal," put on by the Heritage Podcast Network, which stems from the conservative think tank, The Heritage Foundation. I recently started listening to this podcast after visiting their headquarters in downtown DC on the HPU in The City trip. The podcast covers current, and especially controversial, political topics. I enjoy that the hosts frequently bring on guest speakers and experts to discuss certain issues and give factual-based opinions. I will note that this podcast shows more red-leaning political bias.


For insight into current events associated with crime, I turn towards "Crime Junkie" for my information. This podcast has a huge following and I would consider it a household {podcast} name. The hosts take a deep dive into the world of true crime with weekly episodes depicting solved and unsolved instances of murder or disappearances, with both present and past cases. I enjoy the podcasts' continual focus on the failures of America's law enforcement and justice system, and how these issues severely effect the outcomes of the cases, many of which go unsolved due to investigation bias and error. I sometimes find myself distracted or not entertained by certain news topics, and so I would recommend these podcasts as great ways to stay updated on current events, with the added entertainment aspect of storytelling.



My second source of news and information is the social media platform, Instagram. Daily, I check this app much more than I would like to admit. I see a constant slew of posts, temporary stories, reels, and adds that are catered to my interests from years of use. I follow mostly family and friends on this app, as well as creators and athletes that I find interesting. This means that most of the news I see stems from content my following posts. I have friends and family on very opposite sides of the political spectrum, so I see various opinions represented regarding current events. An example of this is the Colorado Supreme Court's vote to remove Donald Trump from the ballot. As a Colorado native who has both very conservative and very liberal people in my life, my Instagram feed was full of the differing opinions on the subject. I was able to swipe through slideshows of photos and blurbs about the very controversial, and unconstitutional, decision from Fox News' account, as well as CNN, Donald Trump's, and my own family members'.


Narrowing in on the subject of social media becoming a mainstream news source, I am admittedly ashamed to say that my third source of news and information is TikTok. Here is a list of recent topics I have learned from TikTok:

 

  1. Donald Trump has the leading Republican vote coming out of the Iowa Caucus
  2. Vivek Ramaswamy dropped out of the race and enforced Trump
  3. Biden declared a group in Yemen terrorists
  4. A famous social media influencer said a racial slur on camera and the video was leaked
  5. A tornado rocked Panama City Beach's coastline

 

This list has a wide range of current event issues. I saw these headlines from random accounts that popped up on my "for you" page, as I do not follow news sources on the app. Using TikTok as a news source has both negatives and positives. The media platform is used mostly by my generation, meaning that when I see users' opinions and postings on current event issues, they are using language and allusions that I can understand. In class, we recently discussed Generation Z's lack of attention span, due to constant exposure to screens and social media addiction. Though TikTok cannot be deemed a reliable source for news, it presents an opportunity for me to consume information quickly, without losing interest. This is the TikTok I saw describing the results of the 2024 Iowa Republican Caucus.



My fourth source of news and information are my family members, specifically my father and grandfather. I talk to each of them at least once or twice a week, and this is where they will always find a way to weave current events, mainly political ones, into the conversation. Both lean the same way politically, so their take on issues are similar. I love hearing information from my dad because he is one of the smartest people I have met, and I enjoy his extensive vocabulary and hearing his take on new news. My grandfather sends me emails with links to news articles, YouTube videos, and even podcasts. We even had a conversation recently about how I sometimes feel trapped in the High Point bubble, and struggle to keep up with current events when I get swamped with life. He does his best to keep me informed. A quote from one of my November grandfather's emails:


"Big year coming up for the USA, especially with national elections along with a lot of trauma that's going to happen, so keep tuned in to some of the current event issues."


It is important to note that I am (and was) aware of the upcoming presidential election, but I enjoy reading his take on these issues, as well as his dry sense of humor. 



The final source that I receive my news and information from is online articles. If I am curious about something I have recently seen on social media, or heard in passing, I will do a quick Google search to gain some more details. I am not picky with online journals, though I have recently been making an effort to have more balance in the spectrum of news' stations. I tend to click on the first link that pops up from my search and do a quick scan to build some background knowledge. These were the two most recent articles I remember scanning through:


1. APNews "Colorado Supreme Court declares Donald Trump is Ineligible for the White House"

2. Pew Research Center "Americans See Skepticism of News Media as Healthy, Say Public Trust In the Institution Can Improve"


Final Post: My Relationship with Technology

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