II The marketplace of ideas and information And though all the winds of doctrine were let loose to play upon the earth, so Truth be in the field, we do injuri- ous/.. to misdoubt her strength. Let her and Falsehood grapple, who ever knew Truth put to the worse, in a free and open encounter?John Milton, Areopagitica(1664) The preceding section demonstrated that a rational policy approach to media ownership in economic markets requires the Commission to leave these enforcement issues to the antitrust agencies, or at least to employ the same tools as those used by the antitrust agen- cies. I now turn to whether the Commissions traditional concern with competition in the marketplace of ideas and information, sometimes expressed as pursuit of"diversity, provides a better basis for the Commission to regulate media ownership The Commission does have a stronger basis for attending to the marketplace of ideas than to mass media economic markets. After all, while Doj has vigorously enforced merger law with respect to media economic markets, it has not, in practice, addressed competi tion in the marketplace of ideas. Further, it is possible in principle(though as I argue be low, unlikely)that a given transaction might raise marketplace of ideas issues despite the absence of threats to competition in the relevant economic markets therefore it is usefu to develop a rigorous framework that the Commission could use to prevent ownership concentration from restricting competition in the marketplace of ideas The place to start is with the slippery concept of"diversity, which has many interpreta tions, as discussed in the Commission's Notice of Proposed Rulemaking(NPRM)at 133ff. I will focus on two of these interpretations: content diversity and outlet dive rsity John Milton, Areopagitica: A Speech For The Liberty of Unlicensed Printing To The Parliament OfEngland(1664)http://www.uoregon.edu/-rbear/areopagitica.htmlWhetherMiltonwasright or not is a different question16 II. The marketplace of ideas and information And though all the winds of doctrine were let loose to play upon the earth, so Truth be in the field, we do injuri￾ously…to misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse, in a free and open encounter? —John Milton, Areopagitica17 (1664) The preceding section demonstrated that a rational policy approach to media ownership in economic markets requires the Commission to leave these enforcement issues to the antitrust agencies, or at least to employ the same tools as those used by the antitrust agen￾cies. I now turn to whether the Commission’s traditional concern with competition in the marketplace of ideas and information, sometimes expressed as pursuit of “diversity,” provides a better basis for the Commission to regulate media ownership. The Commission does have a stronger basis for attending to the marketplace of ideas than to mass media economic markets. After all, while DOJ has vigorously enforced merger law with respect to media economic markets, it has not, in practice, addressed competi￾tion in the marketplace of ideas. Further, it is possible in principle (though as I argue be￾low, unlikely) that a given transaction might raise marketplace of ideas issues despite the absence of threats to competition in the relevant economic ma rkets. Therefore it is useful to develop a rigorous framework that the Commission could use to prevent ownership concentration from restricting competition in the marketplace of ideas. The place to start is with the slippery concept of “diversity,” which has many interpreta￾tions, as discussed in the Commission’s Notice of Proposed Rulemaking (NPRM) at ¶33ff. I will focus on two of these interpretations: content diversity and outlet dive rsity. 17 John Milton, Areopagitica: A Speech For The Liberty Of Unlicensed Printing To The Parliament Of England (1664)) http://www.uoregon.edu/~rbear/areopagitica.html. Whether Milton was right or not is a different question