Luke Morgan on Capitalism & the Decline of Journalism

In this episode, Luke Morgan discusses his article "The Broken Branch: Capitalism, the Constitution, and the Press," forthcoming in the Penn State Law Review. Morgan begins by discussing the economic decline of journalism, and why applying market logic to the public good of journalism has precipitated its decline. He continues by explaining why journalism cannot exist as a market product, arguing that its limited success in that regard is a result of a combination of subsidization by advertisers, a business model that has been destroyed by the internet. Describing two emerging models of addressing the problem -- patronage and corporatization -- he details how each undermines the democratic purpose of journalism without solving its fundamental economic problem.Morgan then explores the role of the institutional press within the Constitutional system, noting the importance of press freedom and of the institutional press itself to America's founding generation. He argues that the Press Clause of the First Amendment has been essentially been written out of the Constitution through the Supreme Court's adoption of the "dissemination theory" of the Press Clause, and argues against that theory. He notes that the combination of market and political pressures threaten press freedom, creating a condition of "press unfreedom." Morgan concludes by providing his insights and recommendations for the public, policymakers, and governments. He is on Twitter at @s_lukemorgan.This episode was hosted by Luce Nguyen. She is on Twitter at @NguyenLuce. Hosted on Acast. See acast.com/privacy for more information.

Om Podcasten

Ipse Dixit is a podcast on legal scholarship. Each episode of Ipse Dixit features a different guest discussing their scholarship. The podcast also features several special series."From the Archives" consists historical recordings potentially of interest to legal scholars and lawyers."The Homicide Squad" consists of investigations of the true stories behind different murder ballads, as well as examples of how different musicians have interpreted the song over time."The Day Antitrust Died?" is co-hosted with Ramsi Woodcock, Assistant Professor of Law at the University of Kentucky College of Law, and consists of oral histories of the 1974 Airlie House Conference on antitrust law, a pivotal moment in the history of antitrust theory and policy.The hosts of Ipse Dixit are:Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of LawLuce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin CollegeMaybell Romero, Assistant Professor of Law at Northern Illinois University College of LawAntonia Eliason, Assistant Professor of Law at the University of Mississippi School of LawSaurabh Vishnubhakat, Associate Professor of Law at Texas A&M School of LawJohn Culhane, Professor of Law at Widener University Delaware Law SchoolBenjamin Edwards, Associate Professor of Law at the UNLV William S. Boyd School of LawMatthew Bruckner, Associate Professor of Law at Howard University School of LawComments and suggestions are always welcome at brianlfrye@gmail.com. You can follow the Ipse Dixit on Twitter at @IpseDixitPod. Hosted on Acast. See acast.com/privacy for more information.