Hold the Broadcasters Accountable

Fixing the foundational cracks in American democracy revealed by the recent election is going to require multiple efforts on multiple fronts, ranging from reinvigorating the Democratic grassroots on the precinct level to passing and ratifying a Constitutional amendment barring the corporate purchase of elections allowed by Citizens United.

But there's a quicker and easier fix available - if we have the determination to demand it.

Using the Federal Communications Commission and the Federal Election Commission to hold television broadcasters responsible for the content of campaign commercials could both break the power of corporate cash and restore the power of independent political reporting.

John Nichols and Robert W. McChesney in The Nation:

The counsel of the self-interested "players" is always the same: raise money, more money and more money still—and don't do or say anything that makes it harder to raise money. This thinking has bled into what is left of our journalism, such that political reporters today spend more time covering the money that candidates, parties and interest groups raise and spend than examining their records and intentions. Whereas journalists once wrote stories about issues, and candidates cut commercials in response to them, now some journalists go through entire campaigns doing little more than fact-checking commercials. On many days, reviews of ads are all that appear in print and broadcast reports. And what do new-media outlets bring to the table? An opportunity to watch ads on YouTube!

As ads become the primary source of political information, we create a politics based on lies or, at best, decontextualized quarter-truths. Campaign ads are unregulated for truthfulness, unlike commercial advertising. Three decades ago Ogilvy and Mather executive Robert Spero determined that if political ads had to meet the same Federal Trade Commission criteria as commercial ads, all of them would be rejected as fraudulent. The regulation of commercial ads may be more lax today, but we doubt that any study of political ads in 2010 would regard them more favorably than Spero did.

The journalists who want to cut through the lies are having a harder time doing so. One of the truly unsettling developments of this election season was the decision by prominent candidates either to avoid the press, as Nevada Senate candidate Sharron Angle did, or to refuse opportunities to debate. Once upon a time challengers hungered to debate incumbents; in 2010 incumbents like Florida Representative Alan Grayson found themselves chasing after well-funded challengers. Feingold offered to debate his millionaire opponent in forums across the state, but Republican Ron Johnson, who had no record in public life and who even avoided interviews with newspaper editorial boards, refused. Instead, Johnson let his advertisements and those paid for by the Chamber of Commerce, American Action Network and sundry organizations that flooded the state with anti-Feingold ads do his talking. Even when Johnson did debate in a handful of forums available for broadcast by the state's TV stations, many stations avoided airing them in prime time. Wisconsin lawyer Ed Garvey, a former Democratic nominee for governor, tried to tune in to a much-anticipated Feingold-Johnson debate, only to find it was not being aired. He called the station and was told he could track it down on a website. "As a citizen, I was left with no option but the ads. I got nothing of substance from television stations," griped Garvey. "I thought they were supposed to operate in the public interest."

That should be the starting point of any response to the money-and-media election complex. We have to stop thinking about the crisis of our politics merely in terms of reforming the campaign finance system (though of course it's important to fight for reforms). It's a media ownership and responsibility issue as well. It goes to the heart of why freedom of the press is enshrined in our Constitution. And regulatory agencies that are empowered to protect the public interest should be the first to intervene. The Federal Communications Commission and the Federal Election Commission have a duty to figure out exactly how much was spent, by whom and to what end. That examination should start with dollar amounts, but it shouldn't stop there. It should explore the issue of whether TV stations that made a fortune running campaign ads met even the most basic public-interest requirements of companies that obtain broadcast licenses. How much campaign journalism have these stations been doing, compared with a generation ago? How many debates are they airing in prime time? FCC member Michael Copps understands the crisis and intends to press ahead this fall with demands for stronger public-interest requirements for broadcasters. Copps is no fool; he knows this is the hardest of all fights. That's why he will need support from Congress as well as citizens.

House and Senate committees should hold hearings about the money-and-media election complex. How about calling Representative Pete DeFazio to testify? The Oregon maverick was one of many Democratic incumbents facing marginal challengers who suddenly found himself battered by attack ads paid for by a shadowy group no one had heard of. DeFazio pushed back, taking a camera crew to the Capitol Hill condo from which the group operated and exposing the source as a single New York–based hedge fund gazillionaire who was apparently angered by the Congressman's ardent advocacy for holding Wall Street speculators to account. That's the stuff of a good hearing. But don't stop with DeFazio; call the hedge fund manager who went after him. Then call Karl Rove. The 111th Congress has been lame when it comes to oversight; it should finish with a bang. And state legislative committees around the country should do the same.

Gathering the data and grilling the guilty players will make the case for fundamental reform, which must come at multiple levels. The FCC could require stations to grant equal advertising time to any candidate who is attacked in an ad paid for by corporations, with the free response ad to immediately follow the hit job. The FCC should consider requiring free TV ads for every candidate on the ballot if any candidate buys his or her own spots. This would allow wealthy candidates access but would prevent them from shouting everyone else down. Let the stations jack up rates to cover all the time, if they want. We suspect the appeal of TV ads will decline if the result is simply to open an equal debate rather than allow one side to dominate. And of course there is the long-overdue matter of providing free airtime to candidates and requiring debates to be broadcast.

Radical ideas? Hardly. Much of what we're talking about was outlined in the original version of the McCain-Feingold bill of the 1990s and in other proposals advanced over the years. It's time to renew them. At the same time, we need a public policy commitment to the rejuvenation of news media. A supercharged public and community broadcast system would be a good start. It's no accident that the corporate right is taking dead aim at public broadcasting, as it remains the one institutional force not under its direct control.

The framework of American Democracy - grassroots, Constitutional and regulatory - may be battered and disrespected, but remains strong. All we need is the courage to use it.