FindLaw's Writ - Hilden: The Drudge Report, Free Speech, and the Election: Is the "Marketplace of Ideas" Working Efficiently?"--snip--
In this column, I'll discuss the unique role that The Drudge Report plays in the context of how it affects the "marketplace of ideas" that the Supreme Court has stressed as a central component of the First Amendment. In particular, I'll focus on the Court's ideal that readers and viewers must be able to exercise free, well-informed choice as to which of many ideas and viewpoints they will embrace - and consider whether it is well-served by The Drudge Report and by traditional media, both online and off.
Prioritizing Stories: Drudge Versus More Traditional Media
In one sense, Drudge is extremely open about his editorial judgment regarding which stories to include and emphasize - to the point of using red type and larger lettering for the ones upon which he wants readers to focus, and even employing his famous icon of a police siren for stories he thinks are truly major. His decision to include this kind of metadata is one reason that the reader can get the gist of his site very quickly, but then also read much more if she chooses.
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Inevitably, though, there's some important prioritization on CNN.com as well. When a story "breaks" is, in part, a matter of judgment, and so is how closely to follow that story, with how many reports. Thus, CNN.com's supposedly objective news categories are disguising its editorial judgment, not eliminating it.
In contrast, Drudge's more open prioritization of the stories he does include at least admits that some judgment is being exercised. CNN.com perpetrates the illusion of media objectivity whereas it is quite plain that The Drudge Report is subjective, selective, and authored.
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In sum, from a "marketplace of ideas" viewpoint, The Drudge Report compares surprisingly well to traditional media - by wearing its subjectivity proudly. A separate site devoted to major stories Drudge chose not to cover, and to some of the metadata regarding coverage that I advocated above, would better complete the picture. But such a site would be a welcome addition to CNN.com, as well. And if Drudge and CNN.com were brave, they would invite such meta-sites to share a prominent corner of their screens - enhancing transparency, admitting subjectivity, and fully informing the reader."
