Elite Theory, Media Regulation and ‘Fake News’

Abstract

Democratic institutions rely upon the Rule of Law, and the Rule of Law depends upon rational analysis of public matters. “Fake news” undermines the Rule of Law as it derives its strength from appetitive and emotional responses in a manner that threatens both the Rule of Law and a political culture’s willingness to trust in democratic institutions. Even worse, however, the phenomenon of “fake news” creates an atmosphere in which political, media, and cultural elites can exploit fear about fake news in order to forward their own agenda and undermine democratic institutions in favor of political control by a dominant oligarchic elite. In this essay, we place the “fake news” concern in the context of media regulation in the United States. Looking to so-called elite theory, we suggest that the “fake news” cause celebre may simply be an elite power grab that United States media regulation would allow. We argue that concerns about “fake news” can best be ameliorated by more speech and improved public digital literacy and access to mechanisms to express and learn about new ideas.