Abstract
This article claims that the relevance of the ‘truth argument’ to free speech theory is based on an illusion. According to some critical perspectives this illusion consists in the false belief that a free press is a proper means for the mediation of social reality. The Critique of the Political Economy of the Press attributes it to the modes of production of the press in capitalist systems. Some cultural theorists, on the other hand, claim that the press cannot adequately represent reality because reality is non-representable. Building upon but superseding these approaches, this article affirms that the illusion of the free press is not merely a false idea of what the press really is. The illusion is – in contrast – an epistemological necessity: we need the illusion of a free press in order to retain the belief of a correspondence between the world that appears through the press and that same world as it is in itself.
Keywords
One of the most influential justifications of the free press is the one that maintains that it is an instrument for the discovery of truth and the advancement of knowledge. The argument is as old as the press itself and claims, basically, that governmental restrictions on the freedom of discussion and of the press prevents or dilates the emergence of truth. Consequently, if these restrictions are diminished or abolished, truth will emerge. This justification originated in John Milton’s Areopagitica and appeared in its most sophisticated version in J.S. Mill’s On Liberty. It has also been used as a central justification of the First Amendment in the United States since Justice O.W. Holmes so eloquently introduced it in Abrams v. US (250 US 616, 630). 1
Regardless of its influence, the “truth argument” is flawed. In fact there is an inherent tension between truth and freedom. According to Hannah Arendt “the modes of thought and communication that deal with truth, if seen from the political perspective, are necessarily domineering; they don’t take into account other people’s opinions.” 2 Truth is beyond opinion, dispute or debate. While rational truth enlightens human understanding and factual truths inform opinions, they do so on the basis of the authoritativeness and coercion proper to the nature of their statements. Persuasion and dissuasion are not rhetorical strategies that may alter the fact that the earth orbits around the sun, that two plus two is four or that the Holocaust did happen. From this perspective, the language of truth means the end of freedom because it precludes the fundamental modes of political communication. The forms of communication proper to the free press, on the contrary, require taking into consideration the views of multiple persons, persons who occupy different positions and hold different interests in the social body. Arendt argues that the more viewpoints are considered in pondering an issue and the better one can imagine how the persons holding those viewpoints would feel and think about the issue, the better the capacity for representative thought. 3 This form of thought is eminently discursive; it integrates views collected from different places and agglutinates a series of positions containing different interests, experiences, and so on.
Despite the internal tensions between truth and freedom, the “truth argument” has not lost its influence. It still holds a prominent place within free speech literature, 4 particularly in the United States where some scholars claim that it has been the canonical interpretation of the First Amendment. 5 This article will examine the problematic relationship between truth and freedom through the Critique of the Political Economy of the Press (CPEP) and the cultural critique of the press. Its purpose is not only to unveil the central flaw of the truth argument in liberal justifications of the free press, but to explain why despite its flaws the truth argument continues to be so relevant in free speech literature.
I. The Critique of the Political Economy of the Press
Since the beginning of the twentieth century the CPEP has built into capitalist societies a consistent critique of the media in general and of the press in particular. One of its fundamental assertions is that there is an unbridgeable gap between the free press as an ideal and the actual functioning of the press in capitalist systems. 6 They have argued that under capitalism, the idea that the press is free and independent, committed to the discovery and reporting of truth, to the advancement of knowledge and the strengthening of democracy is just an illusion. 7 The urgent task is, accordingly, to show this illusion in order to “debunk some of the mythology that impedes scholars from undertaking clear analysis, and prevents citizens from being effective participants in media and communication policymaking.” 8
The press, that is, the system of mass communication that continually produces and delivers regional, local and global news, has suffered enormous transformations since the CPEP began to expose its problems in capitalist systems. The emergence of the Internet, blogging and social media has radically transformed not only the platforms of communication but also – and perhaps more importantly – the way in which news are mediated and the participation of the public in the process of mediation. 9 Despite all these changes, the central critique of the CPEP – as it will be seen – has remained basically unchanged. The CPEP is mainly a critique of ideology. For Chomsky and Herman, for example, mass media are “effective and powerful ideological institutions that carry out a system-supportive propaganda function by reliance on market forces, internalized assumptions, and self-censorship.” 10 This propaganda model “suggests that the ‘societal purpose’ of the media is to inculcate and defend the economic, social, and political agenda of privileged groups that dominate the domestic society and the state.” 11 For Bagdikian, the institutional bias of the media “does more than merely protect the corporate system. It robs the public of a chance to understand the real world.” 12 More recently Nick Davies stated “we are deep into a third age of falsehood and distortion, in which the primary obstacles to truth-telling lie inside the newsrooms, with the internal mechanics of an industry which has been deeply damaged.” 13 The list can go on and on with similar descriptions of the media and their effects on audiences. All of them, however, share a common element, especially when it comes to the press. This is its ability to select, produce, censor and spread information that contributes to reproducing existing social practices and aligning public opinion with the tenets of prevailing ideologies.
The type of critique favoured by the CPEP assumes that the illusion of the free press is a problem of false consciousness: the illusion consists in the belief that the press is free and independent, when in fact it is subject to a series of economic, political and financial constraints that severely limit its freedom and hence its capacity to provide adequate depictions of reality. Chomsky and Herman originally developed this influential critique back in the 1980s in their Manufacturing Consent. There they identified a propaganda model which “describes the forces that cause the mass media to play a propaganda role, the process whereby they mobilize bias, and the patterns of news choices that ensue.” 14 One of the central problems they identified of media markets in general and of the press in particular has been that of their tendency towards concentration of ownership. This tendency, it has been argued, affects the ability of the press to develop its functions freely and independently. 15 Concentration affects “the routes by which money and power are able to filter out the news fit to print, marginalize dissent, and allow the government and dominant private interests to get their messages across the public.” 16 Concentration has also been generally associated with the reduction of diversity, not only of media contents, but also of viewpoints. In general, concentration has been identified as a serious threat to democracy and a serious impediment to the communicative functions of the press. 17
Another focus of this critique has been the strongly profit-oriented character of media markets, manifested in their heavy reliance on advertising as the main source of revenue. Adorno and Horkheimer claim that advertising is the cause of media production of sameness. 18 This is so because, as contents need to appeal to the tastes of mass audiences in order to attract advertisement financing, the media in general and the press in particular need to lower their standards so as to find a common denominator, something which might be shared by largely heterogeneous groups of people with different interests. Moreover, as media providers are competing to attract the same mass audiences, not only do they lower their standards, but each also tends to replicate the contents offered by the others. Media contents thus tend to look very similar irrespective of the existence of a multiplicity of media providers. Economists have referred to this phenomenon as “competitive duplication.” 19 They have argued that minority tastes will only be served if media companies in a specific market are able to exhaust the profits generated by majority programming and pursuing minority audiences becomes more profitable than making marginal gains with the majority. 20 Although this effect applies to the media in general, the press is particularly affected because advertisers usually prefer to show their products on platforms that are able to reach massive audiences. In these circumstances, not only do news contents tend to be relatively homogeneous across the spectrum, but serious journalism is also usually eclipsed by programmes and contents designed to amuse and entertain rather than to inform the public.
Further problems have been identified in the strong dependence that the media has on advertisement. According to Chomsky and Herman, advertisers have become the patrons of the media. Accordingly, they do not simply stimulate the production and diffusion of contents that appeal to massive audiences, they are also “normative reference organizations, whose requirements and demands the media must accommodate if they are to succeed.” 21 This is how advertisers, for example, tend to control dissident views. Indeed, as it is unusual for them to subsidize those who tend to prejudice their interests, they would naturally not tend to advertise their products in unfriendly business media. The radical press, which canalizes dissidence and is generally antagonistic to the interests of big corporations, is one of the victims of a media system heavily reliant on advertisement. Similarly, advertisement can also work as immunity from bad publicity as the press will usually have second thoughts before denouncing any scandal that might be linked to its advertisers.
The media environment has radically changed since Chomsky and Herman first articulated the propaganda model. With the emergence and spread of digital technologies, platforms of communication have multiplied; the amount and access to information has exploded; participation in the public sphere has increased in ways that were unthinkable just a few years ago, and so on. Sources of information have also varied. Much breaking news, like Ferguson for example, appear now on Twitter before newspapers pick them up. Although these changes have affected the financial viability of the press and its relevance in the formation of public opinion vis-à-vis other news providers, the CPEP has remained as vital as ever. This is because despite radical transformations of the public sphere, “the tremendous promise of the digital revolution has been compromised by capitalist appropriation and development of the Internet.” 22 While the production and distribution of news remains under the logics of capitalism the central assumptions of the CPEP will remain unaltered and the critique relevant.
There are different manifestations of capitalist appropriation of the digital sphere. Analyzing them in detail would deviate us from the central aim of this article. However, a simple sketch of this issue might better illustrate this point. First of all, the Internet has consistently increased as a source of news consumption. In the UK, at least, the Internet was the second platform for news consumption (41%) after television (67%) and before newspapers (31%) and radio (32%) in 2015. 23 However, the most consumed news on the Internet are those coming from traditional news media (64%). Among them the most popular (apart from the BBC) are the Daily Mail, The Guardian, The Telegraph, The Independent and The Mirror, all newspapers that existed before the emergence of the Internet, and most of them, even before television. 24 It is true that their business models have been radically affected in the last years. However, most of the problems originally detected by the CPEP have remained unaltered – some of them have even gotten worst. 25 The press has become more dependent on advertisement as they have seen their revenues substantially affected by free access to online contents. Moreover, online take of classified advertisement (Craiglist and Gumtree) – one of their most important sources of revenue – has also radically affected their income – making them even more dependent on (less) advertisers. 26 The financial pressure of newspapers has affected one of its most celebrated products: investigative journalism. Therefore, while the old problems of the political economy of the press have sharpened, their offer has weakened.
Although the CPEP has accommodated its critique to the current conditions of the press, their central line of argument has remained unchanged. The basic idea is that the press in capitalist systems is subject to a series of constraints that substantially define the type of news distributed in the marketplace. Thus, news tend to reproduce prevalent ideologies and hence provide a misleading picture of social reality. The solution given by the CPEP to this problem is to expose the actual conditions of the press in capitalist systems. The purpose is to show that under capitalist conditions of production the idea that truth will find its way through a free market of ideas is a myth; it is an illusion that needs to be unveiled.
1 Strategic limitations of the epistemological approach
The CPEP has made substantial contributions to the field. Chomsky’s “propaganda model” alone has been essential to understanding the main problems of the press in capitalist systems. However, there is a central flaw in the CPEP. This flaw can be traced back to its critique of ideology. As will be seen, it not only explains why its strategy of unmasking is ineffective but also why it insists in affirming the truth-seeking purpose of the press. According to the CPEP, the illusion of the free press is a problem of false consciousness. The press remains an ideological apparatus because citizens are ill informed about what the press really is. Thus, knowledge about the real conditions of the press in capitalist systems, according to the CPEP, is a necessary – if not a sufficient – condition for transforming the structure and functioning of the press. More importantly for the purpose of this article, once the structure of the press is radically transformed, that is, once ownership concentration, its profit-oriented character, its dependence on advertisement and so on, are overcome, then the press will be able to fulfil its truth seeking purpose. Notice that from this perspective the relationship between truth and freedom is not problematic. On the contrary, the problem is that the press is not free enough to fulfill its role. Notice also that although one could hardly disagree that all the changes proposed by the CPEP ought to be done if one aspires to a more democratic press, this does not necessarily mean, however, that if these changes are made, the press would become an instrument of truth.
The logic of false consciousness implied in the CPEP’s critique of ideology is problematic. There is, nowadays, abundant information about the vices and problems of the press in capitalist systems. In fact, we know that the press is controlled by a few extremely powerful persons; we know that the flow of information is both subject to and responds to huge commercial, political and economic pressures; we are aware that rather than providing proper representations of the reality it describes, the press has a crucial role in their construction, and so on. However, despite our knowledge of its material conditions and regardless of ever-increasing distrust in the institution of the press itself, in our social relations, we still act as if we were unaware of all this. 27 The press is still a fundamental instrument in the mediation of social reality and remains a central institution in democratic societies. Most of our knowledge about political contingency, international affairs and conflicts, economic trends and crises, technological and scientific developments, culture, sports, trends and fashion, among so many other topics, is directly or indirectly sourced from the press. We use these sources in our daily conversations, they affect our interpretation of the world we live in, they affect people’s political commitments and they are the main point of entrance into social reality.
What is the problem then? Why despite our knowledge about the conditions of the press in capitalist systems nothing really changes? According to Peter Sloterdijk, we live in a post-ideological era where the prevalent attitude is cynicism. 28 The cynical subject is able to see through the illusion. He or she is conscious of the way in which the system works, knows the lack of consistency between ideological discourses and political practices, understands that the discourse of freedom is often used to legitimate an exploitative system, and so on. However, and despite this knowledge, the cynical subject acts as if unaware of it. From this assumption, Sloterdijk concludes that we live in a post-ideological era in which our knowledge of the hidden mechanisms of the system does not affect the way in which we relate to it. In this context, the traditional critique of ideology as false consciousness seems to be completely ineffective. In fact, the main assumption behind the ideological strategy of false consciousness is that once the subject knows how the system works and recognizes its effective conditions, illusions will dissolve. Only then will the subject be ready to rebel against the system and push for its transformation.
Slavoj Žižek argues that Sloterdijk’s conclusion of the end of ideology is too quickly derived from his thesis of the enlightened false consciousness. 29 According to Žižek, despite the fact that the cynical subject is too astute, too clever to be trapped by the ideological mystification of the official rhetoric, the system keeps on functioning and ruling ideologies continue to serve the interests of dominant powers. He suggests that this is possible because “in contemporary societies, democratic or totalitarian (…) cynical distance, laughter, irony, are, so to speak, part of the game. The ruling ideology is not meant to be taken seriously or literally.” 30 Thus, although the illusion has receded in the discursive sphere, it has not receded at the level of practices. Consequently, dominant ideologies can be naked and exposed in their sheer brutality without running the risk of losing their strength. If we are to locate ideology on the side of knowledge, we are in fact in a post-ideological era. But this would be so only from the point of view of the traditional critique of ideology, which assumes that social practices are real while the beliefs that justify them are illusory. A reverse reading of this formula would be to suggest that while social practices are structured by an illusion, the beliefs that justify them might or might not be true. Ideology is, in other words, on the side of practices and not on the side of knowledge. This interpretation is plausible from the standpoint of the Marxian conception of ideology developed in the chapter on the fetishism of commodities in Capital. There Marx argues that the fetishism is not removable by the exposure of the illusion because it is the commodity form itself which before any (mis)representation already embodies the social relations of production. According to Marx “its discovery destroys the semblance of the merely accidental determination of the magnitude of the value of the products of labour, but by no means abolishes the determination’s material form.” 31 In capitalist systems the illusion (ideology) is not just a false representation of reality; it is, rather, the product of reality itself. That is why if the fetish were to be removed then the whole system of production and the social relations on which it is structured would have to be radically transformed.
2 Marcuse’s radical way
Not all the CPEP has understood the illusion exclusively as a problem of false consciousness. Marcuse’s essay “Repressive Tolerance”, written almost fifty years ago, contains what is perhaps the most radical attempt to break with the illusion. In this essay Marcuse portrays the illusion of the free press as the reflection of real contradictions existent in capitalist systems. His critical strategy is built upon a materialist critique of ideology which supposes a radical break with prevailing conditions of production of the media (and not just knowledge of how the system works).
Marcuse’s critique starts with the analysis of the “abstract framework of tolerance” which regulates and justifies the protection of the free press in liberal democracies. Within this framework, every point of view deserves a hearing, every opinion might be submitted for public deliberation and no discriminations are allowed on the basis of content or viewpoint. The ultimate purpose of a regime of tolerance is, according to Marcuse, the discovery of truth. And truth has a very specific meaning in “Repressive Tolerance.” It is limited to the sphere of the political and more specifically to the progressive movement toward human emancipation, to the need to create a society in “which man is no longer enslaved by institutions which vitiate self determination from the beginning.” 32 Accordingly, he claims that there are true and false solutions that become distinguishable in the process of constructing an emancipated society and progressive tolerance of freedom of speech is a necessary tool for the discovery of the true solutions. However (and it is here that his main critique of the liberal tradition of freedom of speech starts), the sort of tolerance that is required in order to build this society cannot be indiscriminate. At least it cannot be indiscriminate under the conditions within which liberals defend this freedom, the conditions of capitalism. In fact, according to Marcuse, under the “rule of monopolistic media – themselves the mere instruments of economic and political power – a mentality is created for which right and wrong, true and false are predefined wherever they affect the vital interests of the society.” 33
According to Marcuse, although different voices are accepted in the public sphere, the meaning of those which defy prevalent conditions of inequality loses its vitality in favor of a general meaning which pacifies social conflict. When a newspaper presents the slaughter of thousands of people in some war and in the next page there is a full page advertisement for cosmetics or when a reporter communicates the closure of a factory with hundreds of families affected in the same tone of voice as that used when the weather forecast is communicated, the meaning of injustices loses its strength. Meaning is, accordingly, predefined according to the terms of the whole. Under these circumstances the truth is precluded because there is no space left for the “rational development of meaning.” 34 This is why Marcuse concludes that liberal tolerance is regressive. 35 Instead of advancing the true conditions of emancipation, instead of serving as a tool for a progressive movement towards liberation, it reproduces social inequality, injustice and misery. The trend will continue, according to Marcuse, until conditions are radically modified. The truth will be concealed while the system remains unchanged. Accordingly, Marcuse’s project amounts to the suspension of the liberal creed of freedom of speech and of the free press and its replacement by a system in which only progressive voices are allowed. This strategy, according to Marcuse, will stop the process of indoctrination and will lead to the discovery of truth.
Marcuse’s theory surmounts the theoretical and practical difficulties of the strategy of unmasking. However, his proposal is a recipe for a different form of indoctrination. Indeed, if, as Marcuse himself recognizes, ideology is not just about false consciousness, but is rooted in social practices, it is difficult to see why the practices he favors would not be themselves contaminated by ideology. This is an easy critique of Marcuse’s theory and he has a strong response to it. His distinction between progressive and regressive tolerance is equivalent to the distinction between true and false. Progressive tolerance would be free from ideology because it favors discourses and practices which are true to the spirit of human emancipation and which can be rationally determined, on empirical grounds. 36 Regressive tolerance, by contrast, favors discourses and practices that are against that same spirit. As a consequence, societies which only accept discourses designed to stimulate progressive tolerance will be free from indoctrination, in other words, they will be faithful to truth. However strong this answer might be, its problem is that it reverts back to the logics of false consciousness.
According to the logic of false consciousness, and in order to justify the magnitude of the restrictions he proposes, Marcuse needs to show how progressive tolerance is in fact related to truth. The problem, however, is that although the arguments he gives are strong, they are not strong enough to support the tough restrictions that he proposes. His arguments are mainly historical. He defends the thesis that while historical violence emanating from the rebellion of oppressed classes has brought progress in civilization, no such progress is identifiable with respect to historical violence emanating from the dominant classes. To illustrate this he opposes the English civil wars and the French Revolution to Fascism and Nazism. 37 Although there is no doubt about the progressive force of the former and the regressive power of the latter, from this it does not necessarily follow that the suppression of regressive voices necessarily leads to a progressive society. Moreover, Marcuse does not specify what exactly is to be considered regressive for the purpose of exclusion. In principle it seems that this would embrace much more than Nazism and Fascism. His definition seems to include any movement that favors the status quo. The question is whether the repression of all these movements would really favor the type of progressive society that Marcuse is promoting. Is he not, on the contrary, creating conditions of intolerance that would favor the emergence or multiplication of forces that might be much more regressive than the ones he is fighting against?
Although Marcuse correctly asserts that freedom and truth do not blend well together, not at least under the conditions of capitalism, his argument runs the risk of circularity. He is trapped in the logics of ideology and is not able to break the circle. Indeed, if he argues that ideology is embedded in social practices he needs to prove why the practices he favors are not ideological. If, on the contrary, he defends the thesis that ideology is false consciousness while its opposite, the truth, is the movement towards human emancipation, he needs to show how the complete censorship of regressive voices will lead to a progressive society without the help of mechanisms of indoctrination. The answers provided by Marcuse to these problems are not proportionate to the level of restrictions he suggests. Moreover, they do not provide an escape from the process of indoctrination. In other words, the illusion remains intact, just as it remained intact in the strategy of unmasking generally favoured by the CPEP.
II. Technological Progress and the Construction of Social Reality
A completely different way of thinking about the relationship between the free press and truth has been elaborated by the cultural critique of the press. Although the cultural critique shares with the CPEP skepticism about the capacity of the press to provide adequate depictions of social reality, their reasons to be skeptical are entirely different. As we have seen, the CPEP’s skepticism is based on the conditions of production of the press in capitalist systems. They believe that the press can be an instrument for the advancement of truth and knowledge. It certainly requires radical transformations, but if they are correctly implemented, truth might be achieved. The cultural critique, instead, is skeptical about the very possibility of a truth-seeking press. This critique has taken several forms. Here I want to explore in some detail the one that claims that reality is a social construct fundamentally shaped by media technologies.
According to Marshall McLuhan media technologies have not only altered the way in which communications are processed, much more important, they have changed the very world we live in. 38 Media technologies offer different forms of communication, forms that diverge in the way in which they approach their objects, in their point of views and in the aspects they tend to emphasize or ignore about them. It is indeed very different to watch a football game on television than to listen to it on the radio. Both, in turn, are completely different from reading a report of the game online. But technologies not only affect the way audiences perceive the game, they have changed the game itself. Football would be played differently if there were only radio. Media technologies have epistemological implications because they affect our perception and understanding of the world. But the way we perceive the world also changes the way in which we relate to it in and the way in which we relate to each other. This is why it is argued that media technologies not only have altered our perception and understanding of the world, they have changed the world itself.
Since the media – from this point of view – plays a central role in the construction of social reality any serious understanding of the latter requires a serious examination of the former. Accordingly, the cultural critique has divided modern history in a series of periods or epochs, all of which are shaped by the prevalent media of their time. Neil Postman, for example, compares the Age of Exposition, dominated by typography and controlled by the written press, with the Age of Show Business, dominated by the image and controlled by television. 39 According to Postman, the written media forces a particular construction of public discourses – of truth telling – which respond to the requirements of its form. On the one hand it forces writers, politicians, journalists and anyone who is involved in the production and communication of news to provide a coherent and structured exposition of ideas which need to be presented systematically to the public. Moreover, it requires its readers to develop certain basic skills in order to understand and engage with the complexity of the written form. When public discourse is dominated by the written word, there is no escape from meaning. Indeed, words devoid of meaning are nonsense, at least for the requirements of the print. Hence, if written ideas are to be understood, they need to be coherently organized, properly arranged and adequately structured. These were central requirements of public expression in the typographic age, and this form, according to Postman, defined the epistemological conditions of societies in which the prevalent medium was the written language.
Television broke the rationality, uniformity, linearity and the sense of meaning that characterized communications in the Age of Exposition. The world of television, according to Bourdieu, is afraid of boring and anxious of amusing audiences. 40 News are particularly affected by this trend. In fact, serious information, detailed argumentation and investigative journalism are all shadowed by the prominence television gives to scandal, violence and crime. The world shown by television is a world full of ethnic struggles, religious wars and racist hatred, “a world full of incomprehensible dangers from which we must withdraw for our own protection.” 41 Moreover, it is a world that we cannot even begin to understand because it is shown in fragments, as parcels of information where there is no connection between one event and another, except for the fact that they all occurred on a similar period of time. Reality thus becomes a “series of unrelated photos” or, according to Postman: “a world of fragments, where events stand alone, stripped of any connection to the past, or to the future, or to other events, [a world in which] all assumptions of coherence have vanished.” 42 Television thus promotes political disengagement and favors the status quo by forming audiences alienated from their political and social reality.
The dystopian Age of Show Business gave way to the “Network Society,” a term coined by sociologist, M. Castells to refer to a “social structure that characterizes society in the early twenty-first century, a social structure constructed around (but not determined by) digital networks of communication.” 43 Two central aspects of this technology need to be emphasized for the purposes of this article. The first one is media convergence. From a technological point of view, “telecommunication networks, computer networks, and broadcasting networks converged on the basis of digital networking and new data transmission and storage technologies, particularly optic fiber, satellite communication, and advanced software.” 44 By reducing information to binary codes, digital technology dismantled the old lines that used to separate mass media. Now, a single physical technology is able to carry multiple services that in the past were provided separately. On the other hand, a service that was provided through a single medium is now provided in a multiplicity of physical forms. 45 The cell phone is the paradigmatic form of media convergence. Through a single device we can watch television, read the press, pay our bills and listen to our favorite songs, among many other things – including using the phone for what it was originally conceived.
Media convergence is not simply integration of different forms of communication into one single technology. It is integration into an interactive network. 46 This second aspect of digital networks of communication is crucial. Indeed, those who used to be passive recipients of information flowing vertically from press agencies, newsrooms and broadcasting studios can now actively participate in the construction and circulation of news. Interaction has allowed people to communicate with one another and to express themselves in the public sphere in ways that were unthinkable only a few years ago. It has strengthened political activism, participation, and control over the acts of government and power, just to mention some of its consequences. Not everyone thinks, however, that the changes brought by digitization are necessarily for good. What Nicholas Negroponte prophesized under the name of the “Daily Me” back in the 1990s 47 and Castells explored more recently under the term “mass self-communication” supposes that digitization is seriously eroding the public sphere. 48 The explosion of virtual communities and social media in which its members share common interests or desires; the emergence of a blogsphere which is essentially a personal form of communication (to which some authors have referred to as electronic autism); or collaborative filtering, which is used by a number of sites such as Amazon, Spotify and Netflix to suggest its customers contents according to their own tastes are all forms of mass self-communication that are affecting the vitality of the public sphere. In fact, they have fragmented audiences in such a way that the public sphere is rapidly being replaced by the subjective experience that each singular individual gets through media consumption. If television was once the cause of the loss of meaning, the transit to digital technologies is producing the loss of a shared world. And as we lose the space we have in common the bonds that hold together a political community also get weaker.
The cultural critique does not merely analyze the effects that media has in culture. It contains an underlying assumption about the ontological character of reality itself. If the rational order of modernity (its linearity and sense of meaning) and the fragmentation of postmodernity are the consequence of the prevalent media technologies of their times, then these are not simply instruments that help us to get hold of reality. On the contrary, they configure the very reality they are supposed to communicate. This assumption is relevant to understand how the cultural critique understands the relationship between truth and the free press. In fact, if reality is not independent of mediation but is precisely the product of mediation, then the press ceases to be an instrument of knowledge to become the fabric of knowledge itself. This assumption, in its most radical version, made Baudrillard describe Watergate and the Gulf War as products of the media. But there are subtler manifestations of this idea. When reality loses its objective and independent character so as to become a social construct, it also disappears as a referent by which media communications can be assessed as true or false or as expressing an underlying meaning beyond the realm of appearances. From this point of view, knowledge of social reality can only be reduced to the interests and forces militating in its formation. Thus, the press – at its best – would only be able to “deconstruct” this reality by unveiling the different interests participating in its formation and thus privileging (as long as it is possible) the plurality of contingency over the singularity or identity of the “meaning” assigned to this contingency. Although this strategy is designed to avoid ideological mystification, it can be as ideological as those that are supposedly committed to the discovery of an objective truth. The comparison between western media depictions of the 1991 Gulf War and the Bosnian war might be useful to exemplify this. According to Renata Salecl: Instead of providing information on social, political or religious trends and antagonisms in Iraq, the media ultimately reduced the conflict to a quarrel with Saddam Hussein, Evil Personified, the outlaw who excluded himself from the civilized international community. Even more than the destruction of Iraq’s military forces, the true aim was presented as psychological, as the humiliation of Saddam who was to “lose face”. In the case of the Bosnian war, however, notwithstanding isolated cases of the demonization of Serbian president Milosevic, the predominant attitude reflects that of a quasi-anthropological observer. The media outdo one another in giving us lessons on the ethnical and religious background of the conflict; traumas hundreds of years old are being replayed and acted out, so that, in order to understand the roots of the conflict, one not only has to know the history of Yugoslavia, but the entire history of the Balkans from medieval times … In the Bosnian conflict, it is therefore not possible simply to take sides, one can only patiently try to grasp the background of this savage spectacle, alien to our civilized system of values … Yet this opposite procedure involves an ideological mystification even more cunning than the demonization of Saddam Hussein.
49
The predominant form of communication involved in the Bosnian war follows, according to Žižek, the strategy of the “externalization of causes.” 50 It is the radical opposite of the “internalization of the external contingency” identifiable in the Gulf War where the context and real causes of the conflict are ignored and everything is condensed in the figure of the evil man, Saddam Hussein. In the former case, on the other hand, it is the ethnic cleansing which is neglected in favor of the over analysis of contingency and the particularities that serve to explain the Bosnian war. There are at least two major problems associated with this strategy. The first is that the more the emphasis is placed on the context, the more the major ethical issues involved in the conflict are relativized. Indeed, what should be the primary focus of attention, genocide, takes a secondary position in a debate that concentrates on the historical, ethnical and religious struggles in the Balkans. The more these conflicts are dug into, the more space is given to understanding, explaining and even justifying crimes which should be totally and absolutely condemned once and for all. Accordingly, a debate that at first sight appears to take distance from particular positions turns out to be extremely ideological because in the best case it provides a context for horrible crimes and in the worst scenario it gives grounds to justify them.
The second problem is that when the analysis of the circumstances of a conflict is taken to such radical extremes so as to relativize, for example, the gravity of crimes against humanity, subjects are relieved from the responsibility of acting. According to Žižek, the theoretical expression of this problem finds a homologous reversal in the notion of personal responsibility. Indeed, one way of concealing the web of social, economical, cultural and political circumstances involved in criminality is the idea of a fully responsible individual: “the system can function only if the cause of its malfunction can be located in the responsible subject’s guilt.” 51 When responsibility is fully condensed in the individual, the figure of the criminal tends to be demonized and the social context of criminality tends to be ignored. However, when the opposite is true, that is, when the externalization of causes are radicalized and every action is seen as the product of those circumstances, it implies a notion of the subject which is completely detached from itself, completely determined by its environment and whose ability to act is thus radically stifled. 52
III. Re-thinking the Illusion of the Free Press
Regardless of the problems of the CPEP and the cultural theories identified in this article, they both challenged a fundamental social expectation with respect to the idea of a free press. This is the possibility of the press achieving a correspondence between its depictions of reality and that same reality, as it is in itself, independent of those depictions. We can no longer naively assume such correspondence. For the CPEP, this is the consequence of the actual conditions of the press in capitalist systems; for cultural theorists, it responds to an ontological misunderstanding of social reality: reality is the product and not the object of mediation. The illusion of the free press consists, from these perspectives, in the possibility of securing a continuity between both fields.
But although these critiques have exposed the illusion, although they have demonstrated that there is a gap between reality qua reality and that same reality as represented by the press, they have insisted on the possibility of bridging this gap (in the best case) or on the futility of such an enterprise (on the worst). While for the CPEP this illusion could be overcome by understanding the conditions under which the press functions, for the cultural critique the illusion is redundant because there is no underlying truth to be discovered beyond the sphere of appearances. Consequently, both critiques assume that the illusion is disposable.
The CPEP’s strategy of exposing the actual conditions of the press in capitalist societies in order to trigger transformations has proven to be ineffectual. Not even a growing awareness of these problems, an increasing public distrust of the press and the massive scandals affecting it, has changed its privileged role. On the other hand, the cultural critique seems to have dropped the illusion altogether. In fact, if according to them there is no reality to be mediated, there can neither be an illusion masking it. They have replaced the illusion with a thick blanket of skepticism leaving a series of unanswered questions, such as, what would be the role of the press if it has nothing more to offer than mere constructs detached from the reality it is supposed to mediate?
Although it is undeniable that the press, to a certain extent, constructs social reality rather than mediating it and that many of the problems exposed by the CPEP affect the ability of the press to adequately depict social reality, if we do not cling to the illusion of a correspondence between both fields, an important part of our own sense of reality becomes a mess. This is why the truth-seeking justification of the press cannot be simply disposed of just by proving it wrong. In this final section I will argue that the illusion of the free press is not a false idea of what the press really is, nor an ontological misunderstanding of social reality. The illusion is, in contrast, a cognitive necessity. We need the illusion that a free press is able to mediate a world that exists in itself because otherwise the reality principle itself is under threat.
In The Future of an Illusion, Freud refers to the word illusion when discussing about religion. In this context the illusion is not merely a deceptive appearance or a false idea or belief about someone or something. In contrast, “We refer to a belief as an illusion when wish-fulfilment plays a prominent part in its motivation.” 53 Religions are illusions, according to Freud, in the sense that they provide us with comforting explanations of the most difficult cosmic questions. We might even renounce to our critical judgement if we can get, in return, the comforting feeling that religion provides. 54
In a similar vein, Kant talks about the “transcendental idea.” Kant’s theory of transcendental idealism is based on the fundamental distinction between things as they appear to us (appearances or phenomena) and those same things as they are in themselves (noumena). Human beings can only know things in the former sense. There is no cognitive access to the thing in itself. 55 Whenever we use the transcendental categories to cognize things in themselves, rather than things as objects of sensible intuition, antinomies emerge and with them the sphere of illusions, which Kant calls transcendental illusions. 56 Hence, according to Kantian philosophy, we can never imagine in a consistent way the world as a whole, “as soon as we do it, we obtain two antinomical, mutually exclusive versions.” 57 There is always a fissure, a break between things as they appear to us and those same things as they are in themselves.
The problem is that if experience is to retain its consistency we cannot realistically renounce what lies beyond the sensuous realm of appearances. We need to believe that outer reality count as a thing in itself, independent of us. According to Žižek, “if I do not assume that the house I see now has its back side which correspond to its front – then my perceptual field disintegrates into an inconsistent, meaningless mess.” 58 In other words, we need illusions in order for experience to make sense; we need them to understand our world as a consistent whole, that is, as a world which is not just limited to our perception of objects of experience. Otherwise, if we renounce illusions, reality becomes inconsistent, fragmented and partial; reality becomes an artefact, it becomes virtual reality. 59 In other words, although Kant exposes a necessary fissure between things in themselves and appearances and denies cognitive access to the former, he recognizes that we cannot avoid the illusion of thinking of those things as things in themselves even if we are perfectly aware that the product of this thought is an illusion. This illusion is as unavoidable as it is for the astronomer to prevent the rising moon from appearing larger to him, even when he is not deceived by this illusion. 60 The illusion will “not cease even though it is uncovered and its nullity is clearly seen.” 61
Transcendental idealism’s distinction between things in themselves and those same things as they appear to us is productive when used, as an analogy, to understand the notion of the illusion of the free press developed in this article. In fact, the press is, so to speak, a space of appearances, one that by breaking the barriers of time and space opened up a new sphere of the sensible to human beings. 62 In this sphere the old Kantian distinction between appearances and things in themselves and all the problems this distinction brought about reemerge in a different dimension. This time the press is a third actor in the epistemological table and the main problem consists in identifying the relationship between the space of appearances or mediated reality and that same reality as it is in itself, independent of those mediations. In this context, the following questions arise: what is the nature of the world that appears through the press? Are these appearances constitutive of reality or are they just mere representations of some reality that exists in itself, independent of the media and independent from us?
These questions have, in some way, already been answered in this article, at least from the point of view of the CPEP and the cultural critique. For the former tradition there is a reality that exists in itself, there is a true version of the world which the press aims at representing. The distortions between these two realms are, according to this critique, the consequence of the material conditions of the press in capitalist systems. This is a press whose ownership is concentrated in the hands of a few powerful media moguls, a press that does not represent the diversity of opinions and interests militating in contemporary societies, a press which, moreover, depends for its survival on the interests of advertisers, and so on. Under these circumstances, the idea that the free press is a transparent mediator of social reality is just an illusion.
What characterizes cultural critiques, on the other hand, is their epistemological skepticism. The space of appearances cannot possibly reflect a reality that exists in itself because there is no such thing. Instead of representing an independent reality, the press constructs the very reality it is supposed to represent. This is thus a world of appearances, of the image or the spectacle where connections to a deeper realm of meaning or truth have forever been lost.
The CPEP and cultural critiques have re-enacted the Kantian dilemma of the relationship between appearances and things in themselves. Just as Kant definitely separated the thing as it is in itself from that same thing as it appears to us, the theories examined in this article radically separated the realm of appearances or mediated reality from that same reality as it is in itself. As a consequence, the narratives used by the press to describe and communicate a particular event seem to be forever displaced from the events they attempt to describe. But if our knowledge is limited to the sensuous products delivered by the media and there is nothing beyond those images, words or sounds that our cognition can apprehend, then our knowledge of “social reality” becomes impossible. Although we know, to some extent, that the press cannot provide access to the events it describes as they are in themselves, we need to stick to the illusion, we need, at the very least to think that those events exist in themselves, independently of how the press describes them. Otherwise one of our fundamental connections to social reality would be lost forever.
In the Kantian system the transcendental idea maintains alive the illusion of thinking of things as things in themselves in order to retain the sense of reality; in the context of the press, the illusion of the free press is what keeps alive the connection between an independent reality and that same reality as it is described by the press. If the illusion of the free press is thought of in these terms we can understand why, regardless of its obstacles and limitations, the truth argument in free speech doctrine and critique remain strong. Through this analogy we can also answer the questions that have been left unanswered by the CPEP and by the cultural critique. As a matter of fact, if the critique of the strategy of exposure of the conditions of the press favored by the CPEP is not effective, this is not because, as Sloterdijk would claim, we live in a post-ideological world whose subjects are cynical and their knowledge of the conditions of the world they live in does not affect their practices. On the contrary, if we keep on granting such importance to the press it is because we need the illusion just as we need the transcendental idea in order to think of the world as a consistent whole. We need the illusion of the free press in order to preserve the idea that there is an independent world beyond the space of appearances and that a correspondence between reality as reality and mediated reality is achievable. Similarly, the idea of the free press has escaped the postmodern skepticism because it is not possible to effectively renounce to the illusion. Otherwise, “as soon as we renounce fiction and illusion, we lose reality itself.” 63 As soon as we renounce the illusion of the free press, we immediately lose connection to a fundamental aspect of our social reality that is mainly sourced by the press. This explains the unavoidability of the illusion of the free press and defines its ideological character.
Footnotes
Acknowledgements
Previous versions of this article were presented to the external research seminar at City University’s School of Law and to the Institute of Political Science research seminar (P.U. Católica de Chile). I am deeply grateful to Henrique Carvalho, Alfonso Donoso and Enzo Solari for their comments on earlier drafts of this article. I am especially grateful to James Martel for his thoughtful comments and generous advice. None of them share responsibility for the ideas expressed here.
1.
In an eloquent passage Holmes claims that “When men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas – that the best test of truth is the power of thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes can be safely carried out.”
2.
H. Arendt, “Truth and Politics,” in Hannah Arendt (ed.), Between Past and Future: Eight Exercises in Political Thought (New York: Penguin Books, 1977), p. 241.
3.
Op. cit., p. 241.
4.
See, for example, E. Volokh, “In Defense of the Marketplace of Ideas/Search for Truth as a Theory of Free Speech Protection,” Virginia Law Review 97(3) (2011), 595–601; S. Shiffrin, “A Thinker-Based Approach to Freedom of Speech,” Constitutional Comment 27 (2011), 283–307.
5.
V. Blasi, “Holmes and the Marketplace of Ideas,” The Supreme Court Review (2004), 2.
6.
For an overview of the history of radical media criticism see R. McChesney, The Political Economy of Media (New York: Monthly Review Press, 2008); B. Bagdikian, The New Media Monopoly (Boston, MA: Beacon, 2004); D. Berry and J. Theobald, “Radical Mass Media Criticism,” in Jeffery Klaehn (ed.), The Political Economy of Media Power (New York: Peter Lang, 2010); J. Curran and J. Seaton, Power Without Responsibility: The Press, Broadcasting, and New Media in Britain (London: Routledge, 2009).
7.
Berry, “Radical,” p. 324.
8.
McChesney, Political Economy, p. 306.
9.
See M. Castells, Communication Power (Oxford: Oxford University Press, 2009).
10.
N. Chomsky and E. Herman, Manufacturing Consent: The Political Economy of the Mass Media (London: Vintage, 1995), p. 306.
11.
Op. cit., p. 298.
12.
Bagdikian, Media Monopoly, p. xviii.
13.
N. Davies, Flat Earth News (London: Vintage, 2009), p. 23.
14.
Chomsky and Herman, Manufacturing Consent, pp. xi–xii.
15.
For a thorough analysis of and debate about the extent and effects of media concentration see E. M. Noam, Media Ownership and Concentration in America (New York, Oxford: Oxford University Press, 2009); C.E. Baker, Media Concentration and Democracy (New York: Cambridge University Press, 2007).
16.
Chomsky and Herman, Manufacturing Consent, p. 2.
17.
See in general Baker, Media Concentration.
18.
T. Adorno and M. Horkheimer, Dialectic of Enlightenment (London: Verso Books, 1997), p. 124.
19.
G. Doyle, Understanding Media Economics (London: Sage Publications Ltd., 2002), p. 74.
20.
Op. cit., p. 74.
21.
Chomsky and Herman, Manufacturing Consent, p. 16.
22.
R. McChesney, Digital Disconnect: How Capitalism is Turning the Internet against Democracy (New York: The New Press, 2013), p. 97.
23.
24.
Op. cit.
25.
For an etnographical exploration of this issue see D. Boyer, The Life Informatic: Newsmaking in the Digital Era (London: Cornell University Press, 2013).
26.
27.
See “U.S. Distrust in Media Hits New High,” available at http://www.gallup.com/poll/157589/distrust-media-hits-new-high.aspx?utm_source=alert&utm_medium=email&utm_campaign=syndication&utm_content=morelink&utm_term=All%20Gallup%20Headlines, last accessed June 23, 2016.
28.
P. Sloterdijk, Critique of Cynical Reason (Minneapolis, MN: University of Minnesota Press, 1987), p. 5.
29.
S. Žižek, The Sublime Object of Ideology (London, New York: Verso Books, 1989), p. 27.
30.
Op. cit., p. 24.
31.
K. Marx, Capital: Critique of Political Economy (London: Penguin Classics, 1990), p. 168.
32.
H. Marcuse, “Repressive Tolerance,” in A. Feenberg and W. Leiss (eds), The Essential Marcuse: Selected Writings of Philosopher and Social Critic Herbert Marcuse (Boston, MA: Beacon Press, 2007), p. 37.
33.
Op. cit., p. 42.
34.
Op. cit., p. 42.
35.
Op. cit., p. 52.
36.
Op. cit., p. 48.
37.
Op. cit., pp. 49–50.
38.
M. McLuhan, Understanding Media (New York: Routledge, 2001), pp. 7–9.
39.
N. Postman, Amusing Ourselves to Death (London: Methuen Publishing Ltd., 1987), p. 65.
40.
P. Bourdieu, On Television (Cambridge: Polity Press, 2011), p. 2.
41.
Op. cit., p. 8.
42.
Postman, Amusing, p. 112.
43.
M. Castells, The Rise of the Network Society (Oxford: Blackwell Publishing, 2010), p. 4.
44.
Op. cit., p. 58.
45.
See R. Jenkins, Convergence Culture (New York: NYU Press, 2006), p. 10.
46.
Castells, Network Society, p. 356.
47.
N. Negroponte, Being Digital (New York: Knopf, 1995), p. 153.
48.
Castells, Network Society, p. 67.
49.
R. Salecl, The Spoils of Freedom: Psychoanalysis and Feminism After the Fall of Socialism (London: Routledge, 1994), p. 13, quoted from S. Žižek (ed.), Mapping Ideology (London, New York: Verso Books, 2012), pp. 3–4.
50.
Žižek, Mapping Ideology, p. 4.
51.
Op. cit., p. 5.
52.
For a similar argument see H. Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil (London: Penguin, 2006).
53.
S. Freud, The Future of an Illusion (London: Penguin, 2008), p. 38.
54.
I am grateful to Nicholas Hatzis for directing me towards Freud’s understanding of illusions.
55.
H. Allison, Kant’s Transcendental Idealism: An Interpretation and Defense (New Haven, CT: Yale University Press, 2004), p. 19.
56.
I. Kant, Critique of Pure Reason (Cambridge: Cambridge University Press), p. A378.
57.
S. Žižek, Tarrying with the Negative: Kant, Hegel and the Critique of Ideology (Durham, NC: Duke University Press, 1993), p. 83.
58.
Op. cit., p. 85.
59.
Op. cit., p. 85.
60.
Kant, Critique, p. B354.
61.
Op. cit., p. B354.
62.
R. Silverstone, Media and Morality: On the Rise of the Mediapolis (Cambridge: Polity Press, 2006), p. 27.
63.
Žižek, Tarrying, p. 88.
