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Chapter 8 The Media

Figure 8.1 On August 8, 2015, activists for Black Lives Matter in Seattle commandeered presidential candidate Bernie Sanders’ campaign rally in an effort to get their message out. (credit: modification of work by Tiffany Von Arnim)

Chapter Outline 8.1 What Is the Media? 8.2 The Evolution of the Media 8.3 Regulating the Media 8.4 The Impact of the Media

Introduction Democratic primary candidate Bernie Sanders arrived in Seattle on August 8, 2015, to give a speech at a rally to promote his presidential campaign. Instead, the rally was interrupted—and eventually co- opted—by activists for Black Lives Matter (Figure 8.1).1 Why did the group risk alienating Democratic voters by preventing Sanders from speaking? Because Black Lives Matter had been trying to raise awareness of the treatment of black citizens in the United States, and the media has the power to elevate such issues.2 While some questioned its tactics, the organization’s move underscores how important the media are to gaining recognition, and the lengths to which organizations are willing to go to get media attention.3 Freedom of the press and an independent media are important dimensions of a liberal society and a necessary part of a healthy democracy. “No government ought to be without censors,” said Thomas Jefferson, “and where the press is free, no one ever will.”4 What does it mean to have a free news media? What regulations limit what media can do? How do the media contribute to informing citizens and monitoring politicians and the government, and how do we measure their impact? This chapter explores these and other questions about the role of the media in the United States. 288 Chapter 8 | The Media

8.1 What Is the Media?

Learning Objectives By the end of this section, you will be able to: • Explain what the media are and how they are organized • Describe the main functions of the media in a free society • Compare different media formats and their respective audiences

Ours is an exploding media system. What started as print journalism was subsequently supplemented by radio coverage, then network television, followed by cable television. Now, with the addition of the Internet, blogs and social media—a set of applications or web platforms that allow users to immediately communicate with one another—give citizens a wide variety of sources for instant news of all kinds. The Internet also allows citizens to initiate public discussion by uploading images and video for viewing, such as videos documenting interactions between citizens and the police, for example. Provided we are connected digitally, we have a bewildering amount of choices for finding information about the world. In fact, some might say that compared to the tranquil days of the 1970s, when we might read the morning newspaper over breakfast and take in the network news at night, there are now too many choices in today’s increasingly complex world of information. This reality may make the news media all the more important to structuring and shaping narratives about U.S. politics. Or the proliferation of competing information sources like blogs and social media may actually weaken the power of the news media relative to the days when news media monopolized our attention.

MEDIA BASICS The term media defines a number of different communication formats from television media, which share information through broadcast airwaves, to print media, which rely on printed documents. The collection of all forms of media that communicate information to the general public is called mass media, including television, print, radio, and Internet. One of the primary reasons citizens turn to the media is for news. We expect the media to cover important political and social events and information in a concise and neutral manner. To accomplish its work, the media employs a number of people in varied positions. Journalists and reporters are responsible for uncovering news stories by keeping an eye on areas of public interest, like politics, business, and sports. Once a journalist has a lead or a possible idea for a story, he or she researches background information and interviews people to create a complete and balanced account. Editors work in the background of the newsroom, assigning stories, approving articles or packages, and editing content for accuracy and clarity. Publishers are people or companies that own and produce print or digital media. They oversee both the content and finances of the publication, ensuring the organization turns a profit and creates a high-quality product to distribute to consumers. Producers oversee the production and finances of visual media, like television, radio, and film. The work of the news media differs from public relations, which is communication carried out to improve the image of companies, organizations, or candidates for office. Public relations is not a neutral information form. While journalists write stories to inform the public, a public relations spokesperson is paid to help an individual or organization get positive press. Public relations materials normally appear as press releases or paid advertisements in newspapers and other media outlets. Some less reputable publications, however, publish paid articles under the news banner, blurring the line between journalism and public relations.

MEDIA TYPES Each form of media has its own complexities and is used by different demographics. Millennials (currently aged 18–33) are more likely to get news and information from social media, such as YouTube, Twitter, and

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Facebook, while baby boomers (currently aged 50–68) are most likely to get their news from television, either national broadcasts or local news (Figure 8.2).

Figure 8.2 Age greatly influences the choice of news sources. Baby boomers are more likely to get news and information from television, while members of generation X and millennials are more likely to use social media.

Television alone offers viewers a variety of formats. Programming may be scripted, like dramas or comedies. It may be unscripted, like game shows or reality programs, or informative, such as news programming. Although most programs are created by a television production company, national networks—like CBS or NBC—purchase the rights to programs they distribute to local stations across the United States. Most local stations are affiliated with a national network corporation, and they broadcast national network programming to their local viewers. Before the existence of cable and fiber optics, networks needed to own local affiliates to have access to the local station’s transmission towers. Towers have a limited radius, so each network needed an affiliate in each major city to reach viewers. While cable technology has lessened networks’ dependence on aerial signals, some viewers still use antennas and receivers to view programming broadcast from local towers. Affiliates, by agreement with the networks, give priority to network news and other programming chosen by the affiliate’s national media corporation. Local affiliate stations are told when to air programs or commercials, and they diverge only to inform the public about a local or national emergency. For example, ABC affiliates broadcast the popular television show Once Upon a Time at a specific time on a specific day. 290 Chapter 8 | The Media

Should a fire threaten homes and businesses in a local area, the affiliate might preempt it to update citizens on the fire’s dangers and return to regularly scheduled programming after the danger has ended. Most affiliate stations will show local news before and after network programming to inform local viewers of events and issues. Network news has a national focus on politics, international events, the economy, and more. Local news, on the other hand, is likely to focus on matters close to home, such as regional business, crime, sports, and weather.5 The NBC Nightly News, for example, covers presidential campaigns and the White House or skirmishes between North Korea and South Korea, while the NBC affiliate in Los Angeles (KNBC-TV) and the NBC affiliate in Dallas (KXAS-TV) report on the governor’s activities or weekend festivals in the region. Cable programming offers national networks a second method to directly reach local viewers. As the name implies, cable stations transmit programming directly to a local cable company hub, which then sends the signals to homes through coaxial or fiber optic cables. Because cable does not broadcast programming through the airwaves, cable networks can operate across the nation directly without local affiliates. Instead they purchase broadcasting rights for the cable stations they believe their viewers want. For this reason, cable networks often specialize in different types of programming. The Cable News Network (CNN) was the first news station to take advantage of this specialized format, creating a 24-hour news station with live coverage and interview programs. Other news stations quickly followed, such as MSNBC and FOX News. A viewer might tune in to Nickelodeon and catch family programs and movies or watch ESPN to catch up with the latest baseball or basketball scores. The Cable- Satellite Public Affairs Network, known better as C-SPAN, now has three channels covering Congress, the president, the courts, and matters of public interest. Cable and satellite providers also offer on-demand programming for most stations. Citizens can purchase cable, satellite, and Internet subscription services (like Netflix) to find programs to watch instantly, without being tied to a schedule. Initially, on-demand programming was limited to rebroadcasting old content and was commercial-free. Yet many networks and programs now allow their new programming to be aired within a day or two of its initial broadcast. In return they often add commercials the user cannot fast-forward or avoid. Thus networks expect advertising revenues to increase.6 The on-demand nature of the Internet has created many opportunities for news outlets. While early media providers were those who could pay the high cost of printing or broadcasting, modern media require just a URL and ample server space. The ease of online publication has made it possible for more niche media outlets to form. The websites of the New York Times and other newspapers often focus on matters affecting the United States, while channels like BBC America present world news. FOX News presents political commentary and news in a conservative vein, while the Internet site Daily Kos offers a liberal perspective on the news. Politico.com is perhaps the leader in niche journalism. Unfortunately, the proliferation of online news has also increased the amount of poorly written material with little editorial oversight, and readers must be cautious when reading Internet news sources. Sites like Buzzfeed allow members to post articles without review by an editorial board, leading to articles of varied quality and accuracy. The Internet has also made publication speed a consideration for professional journalists. No news outlet wants to be the last to break a story, and the rush to publication often leads to typographical and factual errors. Even large news outlets, like the Associated Press, have published articles with errors in their haste to get a story out. The Internet also facilitates the flow of information through social media, which allows users to instantly communicate with one another and share with audiences that can grow exponentially. Facebook and Twitter have millions of daily users. Social media changes more rapidly than the other media formats. While people in many different age groups use sites like Facebook, Twitter, and YouTube, other sites like Snapchat and Yik Yak appeal mostly to younger users. The platforms also serve different functions. Tumblr and Reddit facilitate discussion that is topic-based and controversial, while Instagram is mostly social. A growing number of these sites also allow users to comment anonymously, leading to increases in

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 8 | The Media 291 threats and abuse. The site 4chan, for example, was linked to the 2015 shooting at an Oregon community college.7 Regardless of where we get our information, the various media avenues available today, versus years ago, make it much easier for everyone to be engaged. The question is: Who controls the media we rely on? Most media are controlled by a limited number of conglomerates. A conglomerate is a corporation made up of a number of companies, organizations, and media networks. In the 1980s, more than fifty companies owned the majority of television and radio stations and networks. Now, only six conglomerates control most of the broadcast media in the United States: CBS Corporation, Comcast, Time Warner, 21st Century Fox (formerly News Corporation), Viacom, and The Walt Disney Company (Figure 8.3).8 The Walt Disney Company, for example, owns the ABC Television Network, ESPN, A&E, and Lifetime, in addition to the Disney Channel. Viacom owns BET, Comedy Central, MTV, Nickelodeon, and VH1. Time Warner owns Cartoon Network, CNN, HBO, and TNT, among others. While each of these networks has its own programming, in the end, the conglomerate can make a policy that affects all stations and programming under its control.

Figure 8.3 In 1983, fifty companies owned 90 percent of U.S. media. By 2012, just six conglomerates controlled the same percentage of U.S. media outlets.

Conglomerates can create a monopoly on information by controlling a sector of a market. When a media conglomerate has policies or restrictions, they will apply to all stations or outlets under its ownership, potentially limiting the information citizens receive. Conglomerate ownership also creates circumstances in which censorship may occur. iHeartMedia (formerly Clear Channel Media) owns music, radio, and billboards throughout the United States, and in 2010, the company refused to run several billboard ads for the St. Pete Pride Festival and Promenade in St. Petersburg, Florida. The festival organizers said the content of two ads, a picture of same-sex couples in close contact with one another, was the reason the ads were not run. Because iHeartMedia owns most of the billboards in the area, this limitation was problematic for the festival and decreased awareness of the event. Those in charge of the festival viewed the refusal as censorship.9 Newspapers too have experienced the pattern of concentrated ownership. Gannett Company, while also owning television media, holds a large number of newspapers and news magazines in its control. Many of these were acquired quietly, without public notice or discussion. Gannett’s 2013 acquisition of publishing giant A.H. Belo Corporation caused some concern and news coverage, however. The sale would have allowed Gannett to own both an NBC and a CBS affiliate in St. Louis, Missouri, giving it control over programming and advertising rates for two competing stations. The U.S. Department of Justice required Gannett to sell the station owned by Belo to ensure market competition and multi-ownership in St. Louis.10 292 Chapter 8 | The Media

Link to Learning

If you are concerned about the lack of variety in the media and the market dominance of media conglomerates, the non-profit organization, Free Press (https://openstaxcollege.org/l/29freepressnet) , tracks and promotes open communication.

These changes in the format and ownership of media raise the question whether the media still operate as an independent source of information. Is it possible that corporations and CEOs now control the information flow, making profit more important than the impartial delivery of information? The reality is that media outlets, whether newspaper, television, radio, or Internet, are businesses. They have expenses and must raise revenues. Yet at the same time, we expect the media to entertain, inform, and alert us without bias. They must provide some public services, while following laws and regulations. Reconciling these goals may not always be possible.

FUNCTIONS OF THE MEDIA The media exist to fill a number of functions. Whether the medium is a newspaper, a radio, or a television newscast, a corporation behind the scenes must bring in revenue and pay for the cost of the product. Revenue comes from advertising and sponsors, like McDonald’s, Ford Motor Company, and other large corporations. But corporations will not pay for advertising if there are no viewers or readers. So all programs and publications need to entertain, inform, or interest the public and maintain a steady stream of consumers. In the end, what attracts viewers and advertisers is what survives. The media are also watchdogs of society and of public officials. Some refer to the media as the fourth estate, with the branches of government being the first three estates and the media equally participating as the fourth. This role helps maintain democracy and keeps the government accountable for its actions, even if a branch of the government is reluctant to open itself to public scrutiny. As much as social scientists would like citizens to be informed and involved in politics and events, the reality is that we are not. So the media, especially journalists, keep an eye on what is happening and sounds an alarm when the public needs to pay attention.11 The media also engages in agenda setting, which is the act of choosing which issues or topics deserve public discussion. For example, in the early 1980s, famine in Ethiopia drew worldwide attention, which resulted in increased charitable giving to the country. Yet the famine had been going on for a long time before it was discovered by western media. Even after the discovery, it took video footage to gain the attention of the British and U.S. populations and start the aid flowing.12 Today, numerous examples of agenda setting show how important the media are when trying to prevent further emergencies or humanitarian crises. In the spring of 2015, when the Dominican Republic was preparing to exile Haitians and undocumented (or under documented) residents, major U.S. news outlets remained silent. However, once the story had been covered several times by Al Jazeera, a state-funded broadcast company based in Qatar, ABC, the New York Times, and other network outlets followed.13 With major network coverage came public pressure for the U.S. government to act on behalf of the Haitians.14

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Insider Perspective

Christiane Amanpour on “What Should Be News?” The media are our connection to the world. Some events are too big to ignore, yet other events, such as the destruction of Middle Eastern monuments or the plight of foreign refugees, are far enough from our shores that they often go unnoticed. What we see is carefully selected, but who decides what should be news? As the chief international correspondent for CNN, Christiane Amanpour is one media decision maker (Figure 8.4). Over the years, Amanpour has covered events around the world from war to genocide. In an interview with Oprah Winfrey, Amanpour explains that her duty, and that of other journalists, is to make a difference in the world. To do that, “we have to educate people and use the media responsibly.”15 Journalists cannot passively sit by and wait for stories to find them. “Words have consequences: the stories we decide to do, the stories we decide not to do . . . it all matters.”16

Figure 8.4 Christiane Amanpour accepts the award for the Association for International Broadcasting’s Personality of the Year on November 4, 2015. (credit: AIB (Association for International Broadcasting))

As Amanpour points out, journalists are often “on the cutting edge of reform,” so if they fail to shed light on events, the results can be tragic. One of her biggest regrets was not covering the genocide in Rwanda in 1994, which cost nearly a million lives. She said the media ignored the event in favor of covering democratic elections in South Africa and a war in Bosnia, and ultimately she believes the media failed the people. “If we 294 Chapter 8 | The Media

don’t respect our profession and we see it frittering away into the realm of triviality and sensationalism, we’ll lose our standing,” she said. “That won’t be good for democracy. A thriving society must have a thriving press.” This feeling of responsibility extends to covering moral topics, like genocide. Amanpour feels there shouldn’t be equal time given to all sides. “I’m not just a stenographer or someone with a megaphone; when I report, I have to do it in context, to be aware of the moral conundrum. . . . I have to be able to draw a line between victim and aggressor.” Amanpour also believes the media should cover more. When given the full background and details of events, society pays attention to the news. “Individual Americans had an incredible reaction to the [2004 Indian Ocean] tsunami—much faster than their government’s reaction,” she said. “Americans are a very moral and compassionate people who believe in extending a helping hand, especially when they get the full facts instead of one-minute clips.” If the news fulfills its responsibility, as she sees it, the world can show its compassion and help promote freedom. Why does Amanpour believe the press has a responsibility to report all that they see? Are there situations in which it is acceptable to display partiality in reporting the news? Why or why not?

Before the Internet, traditional media determined whether citizen photographs or video footage would become “news.” In 1991, a private citizen’s camcorder footage showed four police officers beating an African American motorist named Rodney King in Los Angeles. After appearing on local independent television station, KTLA-TV, and then the national news, the event began a national discussion on police brutality and ignited riots in Los Angeles.17 The agenda-setting power of traditional media has begun to be appropriated by social media and smartphones, however. Tumbler, Facebook, YouTube, and other Internet sites allow witnesses to instantly upload images and accounts of events and forward the link to friends. Some uploads go viral and attract the attention of the mainstream media, but large network newscasts and major newspapers are still more powerful at initiating or changing a discussion. The media also promote the public good by offering a platform for public debate and improving citizen awareness. Network news informs the electorate about national issues, elections, and international news. The New York Times, Los Angeles Times, NBC Nightly News, and other outlets make sure voters can easily find out what issues affect the nation. Is terrorism on the rise? Is the dollar weakening? The network news hosts national debates during presidential elections, broadcasts major presidential addresses, and interviews political leaders during times of crisis. Cable news networks now provide coverage of all these topics as well. Local news has a larger job, despite small budgets and fewer resources (Figure 8.5). Local government and local economic policy have a strong and immediate effect on citizens. Is the city government planning on changing property tax rates? Will the school district change the way Common Core tests are administered? When and where is the next town hall meeting or public forum to be held? Local and social media provide a forum for protest and discussion of issues that matter to the community.

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Figure 8.5 Meetings of local governance, such as this meeting of the Independence City Council in Missouri, are rarely attended by more than gadflies and journalists. (credit: "MoBikeFed"/Flickr)

Link to Learning

Want a snapshot of local and state political and policy news? The magazine Governing (https://openstaxcollege.org/l/29governing) keeps an eye on what is happening in each state, offering articles and analysis on events that occur across the country.

While journalists reporting the news try to present information in an unbiased fashion, sometimes the public seeks opinion and analysis of complicated issues that affect various populations differently, like healthcare reform and the Affordable Care Act. This type of coverage may come in the form of editorials, commentaries, Op-Ed columns, and blogs. These forums allow the editorial staff and informed columnists to express a personal belief and attempt to persuade. If opinion writers are trusted by the public, they have influence. Walter Cronkite, reporting from Vietnam, had a loyal following. In a broadcast following the Tet Offensive in 1968, Cronkite expressed concern that the United States was mired in a conflict that would end in a stalemate.18 His coverage was based on opinion after viewing the war from the ground.19 Although the number of people supporting the war had dwindled by this time, Cronkite’s commentary bolstered opposition. Like editorials, commentaries contain opinion and are often written by specialists in a field. Larry Sabato, a prominent political science professor at the University of Virginia, occasionally writes his thoughts for the New York Times. These pieces are based on his expertise in politics and elections.20 Blogs offer more personalized coverage, addressing specific concerns and perspectives for a limited group of readers. Nate Silver’s blog, FiveThirtyEight, focuses on elections and politics.

8.2 The Evolution of the Media

Learning Objectives By the end of this section, you will be able to: • Discuss the history of major media formats • Compare important changes in media types over time • Explain how citizens learn political information from the media 296 Chapter 8 | The Media

The evolution of the media has been fraught with concerns and problems. Accusations of mind control, bias, and poor quality have been thrown at the media on a regular basis. Yet the growth of communications technology allows people today to find more information more easily than any previous generation. Mass media can be print, radio, television, or Internet news. They can be local, national, or international. They can be broad or limited in their focus. The choices are tremendous.

PRINT MEDIA Early news was presented to local populations through the print press. While several colonies had printers and occasional newspapers, high literacy rates combined with the desire for self-government made Boston a perfect location for the creation of a newspaper, and the first continuous press was started there in 1704.21 Newspapers spread information about local events and activities. The Stamp Tax of 1765 raised costs for publishers, however, leading several newspapers to fold under the increased cost of paper. The repeal of the Stamp Tax in 1766 quieted concerns for a short while, but editors and writers soon began questioning the right of the British to rule over the colonies. Newspapers took part in the effort to inform citizens of British misdeeds and incite attempts to revolt. Readership across the colonies increased to nearly forty thousand homes (among a total population of two million), and daily papers sprang up in large cities.22 Although newspapers united for a common cause during the Revolutionary War, the divisions that occurred during the Constitutional Convention and the United States’ early history created a change. The publication of the Federalist Papers, as well as the Anti-Federalist Papers, in the 1780s, moved the nation into the party press era, in which partisanship and political party loyalty dominated the choice of editorial content. One reason was cost. Subscriptions and advertisements did not fully cover printing costs, and political parties stepped in to support presses that aided the parties and their policies. Papers began printing party propaganda and messages, even publicly attacking political leaders like George Washington. Despite the antagonism of the press, Washington and several other founders felt that freedom of the press was important for creating an informed electorate. Indeed, freedom of the press is enshrined in the Bill of Rights in the first amendment. Between 1830 and 1860, machines and manufacturing made the production of newspapers faster and less expensive. Benjamin Day’s paper, the New York Sun, used technology like the linotype machine to mass- produce papers (Figure 8.6). Roads and waterways were expanded, decreasing the costs of distributing printed materials to subscribers. New newspapers popped up. The popular penny press papers and magazines contained more gossip than news, but they were affordable at a penny per issue. Over time, papers expanded their coverage to include racing, weather, and educational materials. By 1841, some news reporters considered themselves responsible for upholding high journalistic standards, and under the editor (and politician) Horace Greeley, the New-York Tribune became a nationally respected newspaper. By the end of the Civil War, more journalists and newspapers were aiming to meet professional standards of accuracy and impartiality.23

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Figure 8.6 Benjamin Day (a) founded the first U.S. penny press, The Sun, in 1833. The Sun, whose front page from November 26, 1834, is shown above (b), was a morning newspaper published in New York from 1833 to 1950.

Yet readers still wanted to be entertained. Joseph Pulitzer and the New York World gave them what they wanted. The tabloid-style paper included editorial pages, cartoons, and pictures, while the front-page news was sensational and scandalous. This style of coverage became known as yellow journalism. Ads sold quickly thanks to the paper’s popularity, and the Sunday edition became a regular feature of the newspaper. As the New York World’s circulation increased, other papers copied Pulitzer’s style in an effort to sell papers. Competition between newspapers led to increasingly sensationalized covers and crude issues. In 1896, Adolph Ochs purchased the New York Times with the goal of creating a dignified newspaper that would provide readers with important news about the economy, politics, and the world rather than gossip and comics. The New York Times brought back the informational model, which exhibits impartiality and accuracy and promotes transparency in government and politics. With the arrival of the Progressive Era, the media began muckraking: the writing and publishing of news coverage that exposed corrupt business and government practices. Investigative work like Upton Sinclair’s serialized novel The Jungle led to changes in the way industrial workers were treated and local political machines were run. The Pure Food and Drug Act and other laws were passed to protect consumers and employees from unsafe food processing practices. Local and state government officials who participated in bribery and corruption became the centerpieces of exposés. Some muckraking journalism still appears today, and the quicker movement of information through the system would seem to suggest an environment for yet more investigative work and the punch of exposés than in the past. However, at the same time there are fewer journalists being hired than there used to be. The scarcity of journalists and the lack of time to dig for details in a 24-hour, profit-oriented news model make investigative stories rare.24 There are two potential concerns about the decline of investigative journalism in the digital age. First, one potential shortcoming is that the quality of news content will become uneven in depth and quality, which could lead to a less informed citizenry. Second, if investigative 298 Chapter 8 | The Media journalism in its systematic form declines, then the cases of wrongdoing that are the objects of such investigations would have a greater chance of going on undetected. In the twenty-first century, newspapers have struggled to stay financially stable. Print media earned $44.9 billion from ads in 2003, but only $16.4 billion from ads in 2014.25 Given the countless alternate forms of news, many of which are free, newspaper subscriptions have fallen. Advertising and especially classified ad revenue dipped. Many newspapers now maintain both a print and an Internet presence in order to compete for readers. The rise of free news blogs, such as the Huffington Post, have made it difficult for newspapers to force readers to purchase online subscriptions to access material they place behind a digital paywall. Some local newspapers, in an effort to stay visible and profitable, have turned to social media, like Facebook and Twitter. Stories can be posted and retweeted, allowing readers to comment and forward material.26 Yet, overall, newspapers have adapted, becoming leaner—though less thorough and investigative—versions of their earlier selves.

RADIO Radio news made its appearance in the 1920s. The National Broadcasting Company (NBC) and the Columbia Broadcasting System (CBS) began running sponsored news programs and radio dramas. Comedy programs, such as Amos ’n’ Andy, The Adventures of Gracie, and Easy Aces, also became popular during the 1930s, as listeners were trying to find humor during the Depression (Figure 8.7). Talk shows, religious shows, and educational programs followed, and by the late 1930s, game shows and quiz shows were added to the airwaves. Almost 83 percent of households had a radio by 1940, and most tuned in regularly.27

Figure 8.7 The “golden age of radio” included comedy shows like Easy Aces, starring Goodman and Jane Ace (a), and Amos ’n’ Andy, starring Freeman Gosden and Charles Correll, shown here celebrating their program’s tenth anniversary in 1938 (b). These programs helped amuse families during the dark years of the Depression.

Not just something to be enjoyed by those in the city, the proliferation of the radio brought communications to rural America as well. News and entertainment programs were also targeted to rural communities. WLS in Chicago provided the National Farm and Home Hour and the WLS Barn Dance. WSM in Nashville began to broadcast the live music show called the Grand Ole Opry, which is still broadcast every week and is the longest live broadcast radio show in U.S. history.28

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As radio listenership grew, politicians realized that the medium offered a way to reach the public in a personal manner. Warren Harding was the first president to regularly give speeches over the radio. President Herbert Hoover used radio as well, mainly to announce government programs on aid and unemployment relief.29 Yet it was Franklin D. Roosevelt who became famous for harnessing the political power of radio. On entering office in March 1933, President Roosevelt needed to quiet public fears about the economy and prevent people from removing their money from the banks. He delivered his first radio speech eight days after assuming the presidency: “My friends: I want to talk for a few minutes with the people of the United States about banking—to talk with the comparatively few who understand the mechanics of banking, but more particularly with the overwhelming majority of you who use banks for the making of deposits and the drawing of checks. I want to tell you what has been done in the last few days, and why it was done, and what the next steps are going to be.”30 Roosevelt spoke directly to the people and addressed them as equals. One listener described the chats as soothing, with the president acting like a father, sitting in the room with the family, cutting through the political nonsense and describing what help he needed from each family member.31 Roosevelt would sit down and explain his ideas and actions directly to the people on a regular basis, confident that he could convince voters of their value.32 His speeches became known as “fireside chats” and formed an important way for him to promote his New Deal agenda (Figure 8.8). Roosevelt’s combination of persuasive rhetoric and the media allowed him to expand both the government and the presidency beyond their traditional roles.33

Figure 8.8 As radio listenership became widespread in the 1930s (a), President Franklin D. Roosevelt took advantage of this new medium to broadcast his “fireside chats” and bring ordinary Americans into the president’s world (b). (credit a: modification of work by George W. Ackerman; credit b: modification of work by the Library of Congress)

During this time, print news still controlled much of the information flowing to the public. Radio news programs were limited in scope and number. But in the 1940s the German annexation of Austria, conflict in Europe, and World War II changed radio news forever. The need and desire for frequent news updates about the constantly evolving war made newspapers, with their once-a-day printing, too slow. People wanted to know what was happening, and they wanted to know immediately. Although initially reluctant to be on the air, reporter Edward R. Murrow of CBS began reporting live about Germany’s actions from his posts in Europe. His reporting contained news and some commentary, and even live coverage during Germany’s aerial bombing of London. To protect covert military operations during the war, the White House had placed guidelines on the reporting of classified information, making a legal exception to the First Amendment’s protection against government involvement in the press. Newscasters voluntarily 300 Chapter 8 | The Media

agreed to suppress information, such as about the development of the atomic bomb and movements of the military, until after the events had occurred.34 The number of professional and amateur radio stations grew quickly. Initially, the government exerted little legislative control over the industry. Stations chose their own broadcasting locations, signal strengths, and frequencies, which sometimes overlapped with one another or with the military, leading to tuning problems for listeners. The Radio Act (1927) created the Federal Radio Commission (FRC), which made the first effort to set standards, frequencies, and license stations. The Commission was under heavy pressure from Congress, however, and had little authority. The Communications Act of 1934 ended the FRC and created the Federal Communications Commission (FCC), which continued to work with radio stations to assign frequencies and set national standards, as well as oversee other forms of broadcasting and telephones. The FCC regulates interstate communications to this day. For example, it prohibits the use of certain profane words during certain hours on public airwaves. Prior to WWII, radio frequencies were broadcast using amplitude modulation (AM). After WWII, frequency modulation (FM) broadcasting, with its wider signal bandwidth, provided clear sound with less static and became popular with stations wanting to broadcast speeches or music with high-quality sound. While radio’s importance for distributing news waned with the increase in television usage, it remained popular for listening to music, educational talk shows, and sports broadcasting. Talk stations began to gain ground in the 1980s on both AM and FM frequencies, restoring radio’s importance in politics. By the 1990s, talk shows had gone national, showcasing broadcasters like Rush Limbaugh and Don Imus. In 1990, Sirius Satellite Radio began a campaign for FCC approval of satellite radio. The idea was to broadcast digital programming from satellites in orbit, eliminating the need for local towers. By 2001, two satellite stations had been approved for broadcasting. Satellite radio has greatly increased programming with many specialized offerings, such as channels dedicated to particular artists. It is generally subscription-based and offers a larger area of coverage, even to remote areas such as deserts and oceans. Satellite programming is also exempt from many of the FCC regulations that govern regular radio stations. Howard Stern, for example, was fined more than $2 million while on public airwaves, mainly for his sexually explicit discussions.35 Stern moved to Sirius Satellite in 2006 and has since been free of oversight and fines.

TELEVISION Television combined the best attributes of radio and pictures and changed media forever. The first official broadcast in the United States was President Franklin Roosevelt’s speech at the opening of the 1939 World’s Fair in New York. The public did not immediately begin buying televisions, but coverage of World War II changed their minds. CBS reported on war events and included pictures and maps that enhanced the news for viewers. By the 1950s, the price of television sets had dropped, more televisions stations were being created, and advertisers were buying up spots. As on the radio, quiz shows and games dominated the television airwaves. But when Edward R. Murrow made the move to television in 1951 with his news show See It Now, television journalism gained its foothold (Figure 8.9). As television programming expanded, more channels were added. Networks such as ABC, CBS, and NBC began nightly newscasts, and local stations and affiliates followed suit.

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 8 | The Media 301

Figure 8.9 Edward R. Murrow’s move to television increased the visibility of network news. In The Challenge of Ideas (1961) pictured above, Murrow discussed the Cold War between the Soviet Union and the United States alongside films stars such as John Wayne.

Even more than radio, television allows politicians to reach out and connect with citizens and voters in deeper ways. Before television, few voters were able to see a president or candidate speak or answer questions in an interview. Now everyone can decode body language and tone to decide whether candidates or politicians are sincere. Presidents can directly convey their anger, sorrow, or optimism during addresses. The first television advertisements, run by presidential candidates Dwight D. Eisenhower and Adlai Stevenson in the early 1950s, were mainly radio jingles with animation or short question-and-answer sessions. In 1960, John F. Kennedy’s campaign used a Hollywood-style approach to promote his image as young and vibrant. The Kennedy campaign ran interesting and engaging ads, featuring Kennedy, his wife Jacqueline, and everyday citizens who supported him. Television was also useful to combat scandals and accusations of impropriety. Republican vice presidential candidate Richard Nixon used a televised speech in 1952 to address accusations that he had taken money from a political campaign fund illegally. Nixon laid out his finances, investments, and debts and ended by saying that the only election gift the family had received was a cocker spaniel the children named Checkers.36 The “Checkers speech” was remembered more for humanizing Nixon than for proving he had not taken money from the campaign account. Yet it was enough to quiet accusations. Democratic vice presidential nominee Geraldine Ferraro similarly used television to answer accusations in 1984, holding a televised press conference to answer questions for over two hours about her husband’s business dealings and tax returns.37 In addition to television ads, the 1960 election also featured the first televised presidential debate. By that time most households had a television. Kennedy’s careful grooming and practiced body language allowed viewers to focus on his presidential demeanor. His opponent, Richard Nixon, was still recovering from a severe case of the flu. While Nixon’s substantive answers and debate skills made a favorable impression on radio listeners, viewers’ reaction to his sweaty appearance and obvious discomfort demonstrated that live television had the potential to make or break a candidate.38 In 1964, Lyndon B. Johnson was ahead in the polls, and he let Barry Goldwater’s campaign know he did not want to debate.39 Nixon, who ran for president again in 1968 and 1972, declined to debate. Then in 1976, President Gerald Ford, who was behind in the polls, invited Jimmy Carter to debate, and televised debates became a regular part of future presidential campaigns.40 302 Chapter 8 | The Media

Link to Learning

Visit American Rhetoric (https://openstaxcollege.org/l/29americanrhet) for free access to speeches, video, and audio of famous presidential and political speeches.

Between the 1960s and the 1990s, presidents often used television to reach citizens and gain support for policies. When they made speeches, the networks and their local affiliates carried them. With few independent local stations available, a viewer had little alternative but to watch. During this “Golden Age of Presidential Television,” presidents had a strong command of the media.41 Some of the best examples of this power occurred when presidents used television to inspire and comfort the population during a national emergency. These speeches aided in the “rally ’round the flag” phenomenon, which occurs when a population feels threatened and unites around the president.42 During these periods, presidents may receive heightened approval ratings, in part due to the media’s decision about what to cover.43 In 1995, President Bill Clinton comforted and encouraged the families of the employees and children killed at the bombing of the Oklahoma City Federal Building. Clinton reminded the nation that children learn through action, and so we must speak up against violence and face evil acts with good acts.44 Following the terrorist attacks in New York and Washington on September 11, 2001, President George W. Bush’s bullhorn speech from the rubble of Ground Zero in New York similarly became a rally. Bush spoke to the workers and first responders and encouraged them, but his short speech became a viral clip demonstrating the resilience of New Yorkers and the anger of a nation.45 He told New Yorkers, the country, and the world that Americans could hear the frustration and anguish of New York, and that the terrorists would soon hear the United States (Figure 8.10).

Figure 8.10 Presidents Clinton and Bush were both called upon to calm the people after mass killings. In April 1996, President Bill Clinton and First Lady Hillary Rodham Clinton lay flowers at the site of the former Alfred P. Murrah federal building just before the one-year anniversary of the Oklahoma City bombing (a). Three days after the terrorist attacks of 9/11 brought down the World Trade Center in New York City, George W. Bush declares to the crowd, “I can hear you! The rest of the world hears you! And the people . . . and the people who knocked these buildings down will hear all of us soon!” (b)

Following their speeches, both presidents also received a bump in popularity. Clinton’s approval rating rose from 46 to 51 percent, and Bush’s from 51 to 90 percent.46

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 8 | The Media 303

NEW MEDIA TRENDS The invention of cable in the 1980s and the expansion of the Internet in the 2000s opened up more options for media consumers than ever before. Viewers can watch nearly anything at the click of a button, bypass commercials, and record programs of interest. The resulting saturation, or inundation of information, may lead viewers to abandon the news entirely or become more suspicious and fatigued about politics.47 This effect, in turn, also changes the president’s ability to reach out to citizens. For example, viewership of the president’s annual State of the Union address has decreased over the years, from sixty-seven million viewers in 1993 to thirty-two million in 2015.48 Citizens who want to watch reality television and movies can easily avoid the news, leaving presidents with no sure way to communicate with the public.49 Other voices, such as those of talk show hosts and political pundits, now fill the gap. Electoral candidates have also lost some media ground. In horse-race coverage, modern journalists analyze campaigns and blunders or the overall race, rather than interviewing the candidates or discussing their issue positions. Some argue that this shallow coverage is a result of candidates’ trying to control the journalists by limiting interviews and quotes. In an effort to regain control of the story, journalists begin analyzing campaigns without input from the candidates.50 The use of social media by candidates provides a countervailing trend. President Trump’s hundreds of election tweets are the stuff of legend. These tweets kept his press coverage up, although they also were problematic for him at times. The final days of the contest saw no new tweets from Trump as he attempted to stay on message.

Milestone

The First Social Media Candidate When president-elect Barack Obama admitted an addiction to his Blackberry, the signs were clear: A new generation was assuming the presidency.51 Obama’s use of technology was a part of life, not a campaign pretense. Perhaps for this reason, he was the first candidate to fully embrace social media. While John McCain, the 2008 Republican presidential candidate, focused on traditional media to run his campaign, Obama did not. One of Obama’s campaign advisors was Chris Hughes, a cofounder of Facebook. The campaign allowed Hughes to create a powerful online presence for Obama, with sites on YouTube, Facebook, MySpace, and more. Podcasts and videos were available for anyone looking for information about the candidate. These efforts made it possible for information to be forwarded easily between friends and colleagues. It also allowed Obama to connect with a younger generation that was often left out of politics. By Election Day, Obama’s skill with the web was clear: he had over two million Facebook supporters, while McCain had 600,000. Obama had 112,000 followers on Twitter, and McCain had only 4,600.52 Are there any disadvantages to a presidential candidate’s use of social media and the Internet for campaign purposes? Why or why not?

The availability of the Internet and social media has moved some control of the message back into the presidents’ and candidates’ hands. Politicians can now connect to the people directly, bypassing journalists. When Barack Obama’s minister, the Reverend Jeremiah Wright, was accused of making inflammatory racial sermons in 2008, Obama used YouTube to respond to charges that he shared Wright’s beliefs. The video drew more than seven million views.53 To reach out to supporters and voters, the White House maintains a YouTube channel and a Facebook site, as did the recent Republican Speaker of the House of Representatives, John Boehner. Social media, like Facebook, also placed journalism in the hands of citizens: citizen journalism occurs when citizens use their personal recording devices and cell phones to capture events and post them on the Internet. In 2012, citizen journalists caught both presidential candidates by surprise. Mitt Romney was taped by a bartender’s personal camera saying that 47 percent of Americans would vote for President 304 Chapter 8 | The Media

Obama because they were dependent on the government.54 Obama was recorded by a Huffington Post volunteer saying that some Midwesterners “cling to guns or religion or antipathy to people who aren’t like them” due to their frustration with the economy.55 More recently, as Donald Trump was trying to close out the fall 2016 campaign, his musings about having his way with women were revealed on the infamous Billy Bush Access Hollywood tape. These statements became nightmares for the campaigns. As journalism continues to scale back and hire fewer professional writers in an effort to control costs, citizen journalism may become the new normal.56 Another shift in the new media is a change in viewers’ preferred programming. Younger viewers, especially members of generation X and millennials, like their newscasts to be humorous. The popularity of The Daily Show and The Colbert Report demonstrate that news, even political news, can win young viewers if delivered well.57 Such soft news presents news in an entertaining and approachable manner, painlessly introducing a variety of topics. While the depth or quality of reporting may be less than ideal, these shows can sound an alarm as needed to raise citizen awareness (Figure 8.11).58

Figure 8.11 In June 2009, Stephen Colbert of The Colbert Report took his soft news show on the road, heading to Iraq for a week. During the first episode, Colbert interviewed Ray Odierno, commanding general of the coalition forces stationed in Iraq. (credit: The U.S. Army)

Viewers who watch or listen to programs like John Oliver’s Last Week Tonight are more likely to be aware and observant of political events and foreign policy crises than they would otherwise be.59 They may view opposing party candidates more favorably because the low-partisan, friendly interview styles allow politicians to relax and be conversational rather than defensive.60 Because viewers of political comedy shows watch the news frequently, they may, in fact, be more politically knowledgeable than citizens viewing national news. In two studies researchers interviewed respondents and asked knowledge questions about current events and situations. Viewers of The Daily Show scored more correct answers than viewers of news programming and news stations.61 That being said, it is not clear whether the number of viewers is large enough to make a big impact on politics, nor do we know whether the learning is long term or short term.62

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 8 | The Media 305

Get Connected!

Becoming a Citizen Journalist Local government and politics need visibility. College students need a voice. Why not become a citizen journalist? City and county governments hold meetings on a regular basis and students rarely attend. Yet issues relevant to students are often discussed at these meetings, like increases in street parking fines, zoning for off-campus housing, and tax incentives for new businesses that employ part-time student labor. Attend some meetings, ask questions, and write about the experience on your Facebook page. Create a blog to organize your reports or use Storify to curate a social media debate. If you prefer videography, create a YouTube channel to document your reports on current events, or Tweet your live video using Periscope or Meerkat. Not interested in government? Other areas of governance that affect students are the university or college’s Board of Regents meetings. These cover topics like tuition increases, class cuts, and changes to student conduct policies. If your state requires state institutions to open their meetings to the public, consider attending. You might be the one to notify your peers of changes that affect them. What local meetings could you cover? What issues are important to you and your peers?

8.3 Regulating the Media

Learning Objectives By the end of this section, you will be able to: • Identify circumstances in which the freedom of the press is not absolute • Compare the ways in which the government oversees and influences media programming

The Constitution gives Congress responsibility for promoting the general welfare. While it is difficult to define what this broad dictate means, Congress has used it to protect citizens from media content it deems inappropriate. Although the media are independent participants in the U.S. political system, their liberties are not absolute and there are rules they must follow.

MEDIA AND THE FIRST AMENDMENT The U.S. Constitution was written in secrecy. Journalists were neither invited to watch the drafting, nor did the framers talk to the press about their disagreements and decisions. Once it was finished, however, the Constitution was released to the public and almost all newspapers printed it. Newspaper editors also published commentary and opinion about the new document and the form of government it proposed. Early support for the Constitution was strong, and Anti-Federalists (who opposed it) argued that their concerns were not properly covered by the press. The eventual printing of The Federalist Papers, and the lesser-known Anti-Federalist Papers, fueled the argument that the press was vital to American democracy. It was also clear the press had the ability to affect public opinion and therefore public policy.63 The approval of the First Amendment, as a part of the Bill of Rights, demonstrated the framers’ belief that a free and vital press was important enough to protect. It said: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” This amendment serves as the basis for the political freedoms of the United States, and freedom of the press plays a strong role in keeping democracy healthy. Without it, the press would not be free to alert 306 Chapter 8 | The Media citizens to government abuses and corruption. In fact, one of New York’s first newspapers, the New York Weekly Journal, began under John Peter Zenger in 1733 with the goal of routing corruption in the colonial government. After the colonial governor, William Cosby, had Zenger arrested and charged with seditious libel in 1835, his lawyers successfully defended his case and Zenger was found not guilty, affirming the importance of a free press in the colonies (Figure 8.12).

Figure 8.12 In defending John Peter Zenger against charges of libel against colonial governor William Cosby, Andrew Hamilton argued that a statement is not libelous if it can be proved. (credit: modification of work by the Library of Congress)

The media act as informants and messengers, providing the means for citizens to become informed and serving as a venue for citizens to announce plans to assemble and protest actions by their government. Yet the government must ensure the media are acting in good faith and not abusing their power. Like the other First Amendment liberties, freedom of the press is not absolute. The media have limitations on their freedom to publish and broadcast. Slander and Libel First, the media do not have the right to commit slander, speak false information with an intent to harm a person or entity, or libel, print false information with an intent to harm a person or entity. These acts constitute defamation of character that can cause a loss of reputation and income. The media do not have the right to free speech in cases of libel and slander because the information is known to be false. Yet on a weekly basis, newspapers and magazines print stories that are negative and harmful. How can they do this and not be sued? First, libel and slander occur only in cases where false information is presented as fact. When editors or columnists write opinions, they are protected from many of the libel and slander provisions because they are not claiming their statements are facts. Second, it is up to the defamed individual or company to bring a lawsuit against the media outlet, and the courts have different standards depending on whether the claimant is a private or public figure. A public figure must show that the publisher or broadcaster acted in “reckless disregard” when submitting information as truth or that the author’s intent was malicious. This test goes back to the New York Times v. Sullivan (1964) case, in which a police commissioner in Alabama sued over inaccurate statements in a newspaper advertisement.64 Because the commissioner was a public figure, the U.S. Supreme Court applied a stringent test of malice to determine whether the advertisement was libel; the court deemed it was not.

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 8 | The Media 307

A private individual must make one of the above arguments or argue that the author was negligent in not making sure the information was accurate before publishing it. For this reason, newspapers and magazines are less likely to stray from hard facts when covering private individuals, yet they can be willing to stretch the facts when writing about politicians, celebrities, or public figures. But even stretching the truth can be costly for a publisher. In 2010, Star magazine published a headline, “Addiction Nightmare: Katie Drug Shocker,” leading readers to believe actress Katie Holmes was taking drugs. While the article in the magazine focuses on the addictive quality of Scientology sessions rather than drugs, the implication and the headline were different. Because drugs cause people to act erratically, directors might be less inclined to hire Holmes if she were addicted to drugs. Thus Holmes could argue that she had lost opportunity and income from the headline. While the publisher initially declined to correct the story, Holmes filed a $50 million lawsuit, and Star’s parent company American Media, Inc. eventually settled. Star printed an apology and made a donation to a charity on Holmes’ behalf.65

Classified Material The media have only a limited right to publish material the government says is classified. If a newspaper or media outlet obtains classified material, or if a journalist is witness to information that is classified, the government may request certain material be redacted or removed from the article. In many instances, government officials and former employees give journalists classified paperwork in an effort to bring public awareness to a problem. If the journalist calls the White House or Pentagon for quotations on a classified topic, the president may order the newspaper to stop publication in the interest of national security. The courts are then asked to rule on what is censored and what can be printed. The line between the people’s right to know and national security is not always clear. In 1971, the Supreme Court heard the Pentagon Papers case, in which the U.S. government sued the New York Times and the Washington Post to stop the release of information from a classified study of the Vietnam War. The Supreme Court ruled that while the government can impose prior restraint on the media, meaning the government can prevent the publication of information, that right is very limited. The court gave the newspapers the right to publish much of the study, but revelation of troop movements and the names of undercover operatives are some of the few approved reasons for which the government can stop publication or reporting. During the second Persian Gulf War, FOX News reporter Geraldo Rivera convinced the military to embed him with a U.S. Army unit in Iraq to provide live coverage of its day-to-day activities. During one of the reports he filed while traveling with the 101st Airborne Division, Rivera had his camera operator record him drawing a map in the sand, showing where his unit was and using Baghdad as a reference point. Rivera then discussed where the unit would go next. Rivera was immediately removed from the unit and escorted from Iraq.66 The military exercised its right to maintain secrecy over troop movements, stating that Rivera’s reporting had given away troop locations and compromised the safety of the unit. Rivera’s future transmissions and reporting were censored until he was away from the unit.

MEDIA AND FCC REGULATIONS The liberties enjoyed by newspapers are overseen by the U.S. court system, while television and radio broadcasters are monitored by both the courts and a government regulatory commission. The Radio Act of 1927 was the first attempt by Congress to regulate broadcast materials. The act was written to organize the rapidly expanding number of radio stations and the overuse of frequencies. But politicians feared that broadcast material would be obscene or biased. The Radio Act thus contained language that gave the government control over the quality of programming sent over public airwaves, and the power to ensure that stations maintained the public’s best interest.67 The Communications Act of 1934 replaced the Radio Act and created a more powerful entity to monitor the airwaves—a seven-member Federal Communications Commission (FCC) to oversee both radio and telephone communication. The FCC, which now has only five members (Figure 8.13), requires radio 308 Chapter 8 | The Media

stations to apply for licenses, granted only if stations follow rules about limiting advertising, providing a public forum for discussion, and serving local and minority communities. With the advent of television, the FCC was given the same authority to license and monitor television stations. The FCC now also enforces ownership limits to avoid monopolies and censors materials deemed inappropriate. It has no jurisdiction over print media, mainly because print media are purchased and not broadcast.

Figure 8.13 In November 2013, the leadership of the FCC included (from left to right) Ajit Pai, Mignon Clyburn, Chairman Tom Wheeler, Jessica Rosenworcel, and Michael O’Rielly. (credit: Federal Communications Commission)

Link to Learning

Concerned about something you heard or viewed? Would you like to file a complaint about an obscene radio program or place your phone number on the Do Not Call list? The FCC (https://openstaxcollege.org/l/29fccgov) oversees each of these.

To maintain a license, stations are required to meet a number of criteria. The equal-time rule, for instance, states that registered candidates running for office must be given equal opportunities for airtime and advertisements at non-cable television and radio stations beginning forty-five days before a primary election and sixty days before a general election. Should WBNS in Columbus, Ohio, agree to sell Senator Marco Rubio thirty seconds of airtime for a presidential campaign commercial, the station must also sell all other candidates in that race thirty seconds of airtime at the same price. This rate cannot be more than the station charges favored commercial advertisers that run ads of the same class and during the same time period.68 More importantly, should Fox5 in Atlanta give Bernie Sanders five minutes of free airtime for an infomercial, the station must honor requests from all other candidates in the race for five minutes of free equal air time or a complaint may be filed with the FCC.69 In 2015, Donald Trump, when he was running for the Republican presidential nomination, appeared on Saturday Night Live. Other Republican candidates made equal time requests, and NBC agreed to give each candidate twelve minutes and five seconds of air time on a Friday and Saturday night, as well as during a later episode of Saturday Night Live.70

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The FCC does waive the equal-time rule if the coverage is purely news. If a newscaster is covering a political rally and is able to secure a short interview with a candidate, equal time does not apply. Likewise, if a news programs creates a short documentary on the problem of immigration reform and chooses to include clips from only one or two candidates, the rule does not apply.71 But the rule may include shows that are not news. For this reason, some stations will not show a movie or television program if a candidate appears in it. In 2003, Arnold Schwarzenegger and Gary Coleman, both actors, became candidates in California’s gubernatorial recall election. Television stations did not run Coleman’s sitcom Diff’rent Strokes or Schwarzenegger’s movies, because they would have been subject to the equal time provision. With 135 candidates on the official ballot, stations would have been hard-pressed to offer thirty-minute and two- hour time slots to all.72 Even the broadcasting of the president’s State of the Union speech can trigger the equal-time provisions. Opposing parties in Congress now use their time immediately following the State of the Union to offer an official rebuttal to the president’s proposals.73 While the idea behind the equal-time rule is fairness, it may not apply beyond candidates to supporters of that candidate or of a cause. Hence, there potentially may be a loophole in which broadcasters can give free time to just one candidate’s supporters. In the 2012 Wisconsin gubernatorial recall election, Scott Walker’s supporters were allegedly given free air time to raise funds and ask for volunteers while opponent Tom Barrett’s supporters were not.74 According to someone involved in the case, the FCC declined to intervene after a complaint was filed on the matter, saying the equal-time rule applied only to the actual candidates, and that the case was an instance of the now-dead fairness doctrine.75 The fairness doctrine was instituted in 1949 and required licensed stations to cover controversial issues in a balanced manner by providing listeners with information about all perspectives on any controversial issue. If one candidate, cause, or supporter was given an opportunity to reach the viewers or listeners, the other side was to be given a chance to present its side as well. The fairness doctrine ended in the 1980s, after a succession of court cases led to its repeal by the FCC in 1987, with stations and critics arguing the doctrine limited debate of controversial topics and placed the government in the role of editor.76 The FCC also maintains indecency regulations over television, radio, and other broadcasters, which limit indecent material and keep the public airwaves free of obscene material.77 While the Supreme Court has declined to define obscenity, it is identified using a test outlined in Miller v. California (1973).78 Under the Miller test, obscenity is something that appeals to deviants, breaks local or state laws, and lacks value.79 The Supreme Court determined that the presence of children in the audience trumped the right of broadcasters to air obscene and profane programming. However, broadcasters can show indecent programming or air profane language between the hours of 10 p.m. and 6 a.m.80 The Supreme Court has also affirmed that the FCC has the authority to regulate content. When a George Carlin skit was aired on the radio with a warning that material might be offensive, the FCC still censored it. The station appealed the decision and lost.81 Fines can range from tens of thousands to millions of dollars, and many are levied for sexual jokes on radio talk shows and nudity on television. In 2004, Janet Jackson’s wardrobe malfunction during the Super Bowl’s half-time show cost the CBS network $550,000. While some FCC violations are witnessed directly by commission members, like Jackson’s exposure at the Super Bowl, the FCC mainly relies on citizens and consumers to file complaints about violations of equal time and indecency rules. Approximately 2 percent of complaints to the FCC are about radio programming and 10 percent about television programming, compared to 71 percent about telephone complaints and 15 percent about Internet complaints.82 Yet what constitutes a violation is not always clear for citizens wishing to complain, nor is it clear what will lead to a fine or license revocation. In October 2014, parent advocacy groups and consumers filed complaints and called for the FCC to fine ABC for running a sexually charged opening scene in the drama Scandal immediately after It’s the Great Pumpkin, Charlie Brown—without an ad or the cartoon’s credits to act as a buffer between the very different types of programming.83 The FCC did not fine ABC. The Telecommunications Act of 1996 brought significant changes to the radio and television industries. It dropped the limit on the number of radio stations (forty) and television stations (twelve) a single company could own. It also allowed networks to purchase large numbers of cable stations. In essence, it reduced 310 Chapter 8 | The Media competition and increased the number of conglomerates. Some critics, such as Common Cause, argue that the act also raised cable prices and made it easier for companies to neglect their public interest obligations.84 The act also changed the role of the FCC from regulator to monitor. The Commission oversees the purchase of stations to avoid media monopolies and adjudicates consumer complaints against radio, television, and telephone companies.

Finding a Middle Ground

Watch Dog or Paparazzi? We expect the media to keep a close eye on the government. But at what point does the media coverage cross from informational to sensational? In 2012, former secretary of state Hillary Clinton was questioned about her department’s decisions regarding the U.S. consulate in Benghazi, Libya. The consulate had been bombed by militants, leading to the death of an ambassador and a senior service officer. It was clear the United States had some knowledge that there was a threat to the consulate, and officials wondered whether requests to increase security at the consulate had been ignored. Clinton was asked to appear before a House Select Committee to answer questions, and the media began its coverage. While some journalists limited their reporting to Benghazi, others did not. Clinton was hounded about everything from her illness (dubbed the “Benghazi-flu”) to her clothing to her facial expressions to her choice of eyeglasses.85 Even her hospital stay was questioned.86 Some argued the expanded coverage was due to political attacks on Clinton, who at that time was widely perceived to be the top contender for the Democratic presidential nomination in 2016.87 Republican majority leader Kevin McCarthy later implied that the hearings were an attempt to make Clinton look untrustworthy.88 Yet Clinton was again brought before the House Select Committee on Benghazi as late as October 2015 (Figure 8.14).

Figure 8.14 On October 22, 2015, the House Select Committee on Benghazi listened to testimony from former Secretary of State Hillary Clinton for close to eleven hours.

This coverage should lead us to question whether the media gives us the information we need, or the information we want. Were people concerned about an attack on U.S. state officials working abroad, or did they just want to read rumors and attacks on Clinton? Did Republicans use the media’s tendency to pursue a target as a way to hurt Clinton in the polls? If the media gives us what we want, the answer seems to be that we wanted the media to act as both watchdog and paparazzi. How should the press have acted in this case if it were behaving only as the watchdog of democracy?

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 8 | The Media 311

MEDIA AND TRANSPARENCY The press has had some assistance in performing its muckraking duty. Laws that mandate federal and many state government proceedings and meeting documents be made available to the public are called sunshine laws. Proponents believe that open disagreements allow democracy to flourish and darkness allows corruption to occur. Opponents argue that some documents and policies are sensitive, and that the sunshine laws can inhibit policymaking. While some documents may be classified due to national or state security, governments are encouraged to limit the over-classification of documents. The primary legal example for sunshine laws is the Freedom of Information Act (FOIA), passed in 1966 and signed by President Lyndon B. Johnson. The act requires the executive branch of the U.S. government to provide information requested by citizens and was intended to increase openness in the executive branch, which had been criticized for hiding information. Citizens wishing to obtain information may request documents from the appropriate agencies, and agencies may charge fees if the collection and copying of the requested documentation requires time and labor.89 FOIA also identifies data that does not need to be disclosed, such as human resource and medical records, national defense records, and material provided by confidential sources, to name a few.90 Not all presidents have embraced this openness, however. President Ronald Reagan, in 1981, exempted the CIA and FBI from FOIA requests.91 Information requests have increased significantly in recent years, with U.S. agencies receiving over 700,000 requests in 2014, many directed to the Departments of State and Defense, thus creating a backlog.92

Link to Learning

Want to request a government document but unsure where to start? If the agency is a part of the U.S. government, the Freedom of Information Act (https://openstaxcollege.org/l/29foiagov) portal will help you out.

Few people file requests for information because most assume the media will find and report on important problems. And many people, including the press, assume the government, including the White House, sufficiently answers questions and provides information about government actions and policies. This expectation is not new. During the Civil War, journalists expected to have access to those representing the government, including the military. But William Tecumseh Sherman, a Union general, maintained distance between the press and his military. Following the publication of material Sherman believed to be protected by government censorship, a journalist was arrested and nearly put to death. The event spurred the creation of accreditation for journalists, which meant a journalist must be approved to cover the White House and the military before entering a controlled area. All accredited journalists also need approval by military field commanders before coming near a military zone.93 To cover war up close, more journalists are asking to travel with troops during armed conflict. In 2003, George W. Bush’s administration decided to allow more journalists in the field, hoping the concession would reduce friction between the military and the press. The U.S. Department of Defense placed fifty- eight journalists in a media boot camp to prepare them to be embedded with military regiments in Iraq. Although the increase in embedded journalists resulted in substantial in-depth coverage, many journalists felt their colleagues performed poorly, acting as celebrities rather than reporters.94 The line between journalists’ expectation of openness and the government’s willingness to be open has continued to be a point of contention. Some administrations use the media to increase public support during times of war, as Woodrow Wilson did in World War I. Other presidents limit the media in order to limit dissent. In 1990, during the first Persian Gulf War, journalists received all publication material from 312 Chapter 8 | The Media

the military in a prepackaged and staged manner. Access to Dover, the air force base that receives coffins of U.S. soldiers who die overseas, was closed. Journalists accused George H. W. Bush’s administration of limiting access and forcing them to produce bad pieces. The White House believed it controlled the message.95 The ban was later lifted. In his 2008 presidential run, Barack Obama promised to run a transparent White House.96 Yet once in office, he found that transparency makes it difficult to get work done, and so he limited access and questions. In his first year in office, George W. Bush, who was criticized by Obama as having a closed government, gave 147 question-and-answer sessions with journalists, while Obama gave only 46. Even Helen Thomas, a long-time liberal White House press correspondent, said the Obama administration tried to control both information and journalists (Figure 8.15).97

Figure 8.15 President Barack Obama and White House correspondent Helen Thomas set aside their differences over transparency to enjoy cupcakes in honor of their shared birthday on August 4, 2009.

Because White House limitations on the press are not unusual, many journalists rely on confidential sources. In 1972, under the cloak of anonymity, the associate director of the Federal Bureau of Investigation, Mark Felt, became a news source for Bob Woodward and Carl Bernstein, political reporters at the Washington Post. Felt provided information about a number of potential stories and was Woodward’s main source for information about President Richard Nixon’s involvement in a series of illegal activities, including the break-in at Democratic Party headquarters in Washington’s Watergate office complex. The information eventually led to Nixon’s resignation and the indictment of sixty-nine people in his administration. Felt was nicknamed “Deep Throat,” and the journalists kept his identity secret until 2005.98 The practice of granting anonymity to sources is sometimes referred to as reporter’s privilege. Fueled by the First Amendment’s protection of the press, journalists have long offered to keep sources confidential to protect them from government prosecution. To illustrate, as part of the investigation into the outing of Valerie Plame as a CIA officer, New York Times reporter Judith Miller was jailed for refusing to reveal “Scooter” Libby, Vice President Dick Cheney’s chief of staff, as her confidential government source.99 Reporter’s privilege has increased the number of instances in which whistleblowers and government employees have given journalists tips or documents to prompt investigation into questionable government practices. Edward Snowden’s 2013 leak to the press regarding the U.S. government’s massive internal surveillance and tapping program was one such case. In 1972, however, the Supreme Court determined that journalists are not exempt from subpoenas and that courts could force testimony to name a confidential source. Journalists who conceal a source and thereby protect him or her from being properly tried for a crime may spend time in jail for contempt of court. In the case of Branzburg v. Hayes (1972), three journalists were placed in contempt of court for refusing to divulge sources.100 The journalists appealed to the Supreme Court. In a 5–4 decision, the justices determined that freedom of the press did not extend to the confidentiality of sources. A concurring opinion did state that

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the case should be seen as a limited ruling, however. If the government needed to know a source due to a criminal trial, it could pursue the name of that source.101 More recently, the Supreme Court refused to hear an appeal from New York Times journalist James Risen, who was subpoenaed and ordered to name a confidential source who had provided details about a U.S. government mission designed to harm Iran’s nuclear arms program. Risen was finally released from the subpoena, but the battle took seven years and the government eventually collected enough other evidence to make his testimony less crucial to the case.102 Overall, the transparency of the government is affected more by the executive currently holding office than by the First Amendment.

8.4 The Impact of the Media

Learning Objectives By the end of this section, you will be able to: • Identify forms of bias that exist in news coverage and ways the media can present biased coverage • Explain how the media cover politics and issues • Evaluate the impact of the media on politics and policymaking

In what ways can the media affect society and government? The media’s primary duty is to present us with information and alert us when important events occur. This information may affect what we think and the actions we take. The media can also place pressure on government to act by signaling a need for intervention or showing that citizens want change. For these reasons, the quality of the media’s coverage matters.

MEDIA EFFECTS AND BIAS Concerns about the effects of media on consumers and the existence and extent of media bias go back to the 1920s. Reporter and commentator Walter Lippmann noted that citizens have limited personal experience with government and the world and posited that the media, through their stories, place ideas in citizens’ minds. These ideas become part of the citizens’ frame of reference and affect their decisions. Lippmann’s statements led to the hypodermic theory, which argues that information is “shot” into the receiver’s mind and readily accepted.103 Yet studies in the 1930s and 1940s found that information was transmitted in two steps, with one person reading the news and then sharing the information with friends. People listened to their friends, but not to those with whom they disagreed. The newspaper’s effect was thus diminished through conversation. This discovery led to the minimal effects theory, which argues the media have little effect on citizens and voters.104 By the 1970s, a new idea, the cultivation theory, hypothesized that media develop a person’s view of the world by presenting a perceived reality.105 What we see on a regular basis is our reality. Media can then set norms for readers and viewers by choosing what is covered or discussed. In the end, the consensus among observers is that media have some effect, even if the effect is subtle. This raises the question of how the media, even general newscasts, can affect citizens. One of the ways is through framing: the creation of a narrative, or context, for a news story. The news often uses frames to place a story in a context so the reader understands its importance or relevance. Yet, at the same time, framing affects the way the reader or viewer processes the story. Episodic framing occurs when a story focuses on isolated details or specifics rather than looking broadly at a whole issue. Thematic framing takes a broad look at an issue and skips numbers or details. It looks at how the issue has changed over a long period of time and what has led to it. For example, a large, urban city is dealing with the problem of an increasing homeless population, and the city has suggested ways to improve the situation. If journalists focus on the immediate statistics, report the current percentage 314 Chapter 8 | The Media of homeless people, interview a few, and look at the city’s current investment in a homeless shelter, the coverage is episodic. If they look at homelessness as a problem increasing everywhere, examine the reasons people become homeless, and discuss the trends in cities’ attempts to solve the problem, the coverage is thematic. Episodic frames may create more sympathy, while a thematic frame may leave the reader or viewer emotionally disconnected and less sympathetic (Figure 8.16).

Figure 8.16 Civil war in Syria has led many to flee the country, including this woman living in a Syrian refugee camp in Jordan in September 2015. Episodic framing of the stories of Syrian refugees, and their deaths, turned government inaction into action. (credit: Enes Reyhan)

Link to Learning

For a closer look at framing and how it influences voters, read “How the Media Frames Political Issues” (https://openstaxcollege.org/l/29scotlondoness) , a review essay by Scott London.

Framing can also affect the way we see race, socioeconomics, or other generalizations. For this reason, it is linked to priming: when media coverage predisposes the viewer or reader to a particular perspective on a subject or issue. If a newspaper article focuses on unemployment, struggling industries, and jobs moving overseas, the reader will have a negative opinion about the economy. If then asked whether he or she approves of the president’s job performance, the reader is primed to say no. Readers and viewers are able to fight priming effects if they are aware of them or have prior information about the subject.

COVERAGE EFFECTS ON GOVERNANCE AND CAMPAIGNS When it is spotty, the media’s coverage of campaigns and government can sometimes affect the way government operates and the success of candidates. In 1972, for instance, the McGovern-Fraser reforms created a voter-controlled primary system, so party leaders no longer pick the presidential candidates.

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Now the media are seen as kingmakers and play a strong role in influencing who will become the Democratic and Republican nominees in presidential elections. They can discuss the candidates’ messages, vet their credentials, carry sound bites of their speeches, and conduct interviews. The candidates with the most media coverage build momentum and do well in the first few primaries and caucuses. This, in turn, leads to more media coverage, more momentum, and eventually a winning candidate. Thus, candidates need the media. In the 1980s, campaigns learned that tight control on candidate information created more favorable media coverage. In the presidential election of 1984, candidates Ronald Reagan and George H. W. Bush began using an issue-of-the-day strategy, providing quotes and material on only one topic each day. This strategy limited what journalists could cover because they had only limited quotes and sound bites to use in their reports. In 1992, both Bush’s and Bill Clinton’s campaigns maintained their carefully drawn candidate images by also limiting photographers and television journalists to photo opportunities at rallies and campaign venues. The constant control of the media became known as the “bubble,” and journalists were less effective when they were in the campaign’s bubble. Reporters complained this coverage was campaign advertising rather than journalism, and a new model emerged with the 1996 election.106 Campaign coverage now focuses on the spectacle of the season, rather than providing information about the candidates. Colorful personalities, strange comments, lapse of memories, and embarrassing revelations are more likely to get air time than the candidates’ issue positions. Donald Trump may be the best example of shallower press coverage of a presidential election. Some argue that newspapers and news programs are limiting the space they allot to discussion of the campaigns.107 Others argue that citizens want to see updates on the race and electoral drama, not boring issue positions or substantive reporting.108 It may also be that journalists have tired of the information games played by politicians and have taken back control of the news cycles.109 All these factors have likely led to the shallow press coverage we see today, sometimes dubbed pack journalism because journalists follow one another rather than digging for their own stories. Television news discusses the strategies and blunders of the election, with colorful examples. Newspapers focus on polls. In an analysis of the 2012 election, Pew Research found that 64 percent of stories and coverage focused on campaign strategy. Only 9 percent covered domestic issue positions; 6 percent covered the candidates’ public records; and, 1 percent covered their foreign policy positions.110 For better or worse, coverage of the candidates’ statements get less air time on radio and television, and sound bites, or clips, of their speeches have become even shorter. In 1968, the average sound bite from Richard Nixon was 42.3 seconds, while a recent study of television coverage found that sound bites had decreased to only eight seconds in the 2004 election.111 The clips chosen to air were attacks on opponents 40 percent of the time. Only 30 percent contained information about the candidate’s issues or events. The study also found the news showed images of the candidates, but for an average of only twenty-five seconds while the newscaster discussed the stories.112 This study supports the argument that shrinking sound bites are a way for journalists to control the story and add their own analysis rather than just report on it.113 Candidates are given a few minutes to try to argue their side of an issue, but some say television focuses on the argument rather than on information. In 2004, Jon Stewart of Comedy Central’s The Daily Show began attacking the CNN program Crossfire for being theater, saying the hosts engaged in reactionary and partisan arguing rather than true debating.114 Some of Stewart’s criticisms resonated, even with host Paul Begala, and Crossfire was later pulled from the air.115 The media’s discussion of campaigns has also grown negative. Although biased campaign coverage dates back to the period of the partisan press, the increase in the number of cable news stations has made the problem more visible. Stations like FOX News and MSNBC are overt in their use of bias in framing stories. During the 2012 campaign, seventy-one of seventy-four MSNBC stories about Mitt Romney were highly negative, while FOX News’ coverage of Obama had forty-six out of fifty-two stories with negative information (Figure 8.17). The major networks—ABC, CBS, and NBC—were somewhat more balanced, yet the overall coverage of both candidates tended to be negative.116 316 Chapter 8 | The Media

Figure 8.17 Media coverage of campaigns is increasingly negative, with cable news stations demonstrating more bias in their framing of stories during the 2012 campaign.

Due in part to the lack of substantive media coverage, campaigns increasingly use social media to relay their message. Candidates can create their own sites and pages and try to spread news through supporters to the undecided. In 2012, both Romney and Obama maintained Facebook, Twitter, and YouTube accounts to provide information to voters. Yet, on social media, candidates still need to combat negativity, from both the opposition and supporters. Stories about Romney that appeared in the mainstream media were negative 38 percent of the time, while his coverage in Facebook news was negative 62 percent of the time and 58 percent of the time on Twitter.117 In the 2016 election cycle, both party nominees heavily used social media. Donald Trump’s scores of tweets became very prominent as he tweeted during Clinton’s convention acceptance speech and sometimes at all hours of the night. Clinton also used Twitter, but less so than Trump, though arguably staying better on message. Trump tended to rail on about topics and at one point was even drawn into a Twitter battle with Senator Elizabeth Warren (D-MA). Hillary Clinton also used Facebook for longer messages and imaging. Once candidates are in office, the chore of governing begins, with the added weight of media attention. Historically, if presidents were unhappy with their press coverage, they used personal and professional means to change its tone. Franklin D. Roosevelt, for example, was able to keep journalists from printing stories through gentleman’s agreements, loyalty, and the provision of additional information, sometimes off the record. The journalists then wrote positive stories, hoping to keep the president as a source. John F. Kennedy hosted press conferences twice a month and opened the floor for questions from journalists, in an effort to keep press coverage positive.118 When presidents and other members of the White House are not forthcoming with information, journalists must press for answers. Dan Rather, a journalist for CBS, regularly sparred with presidents in an effort to get information. When Rather interviewed Richard Nixon about Vietnam and Watergate, Nixon was hostile and uncomfortable.119 In a 1988 interview with then-vice president George H. W. Bush, Bush accused Rather of being argumentative about the possible cover-up of a secret arms sale with Iran:

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Rather: I don’t want to be argumentative, Mr. Vice President. Bush: You do, Dan. Rather: No—no, sir, I don’t. Bush: This is not a great night, because I want to talk about why I want to be president, why those 41 percent of the people are supporting me. And I don’t think it’s fair to judge my whole career by a rehash of Iran. How would you like it if I judged your career by those seven minutes when you walked off the set in New York? 120 Cabinet secretaries and other appointees also talk with the press, sometimes making for conflicting messages. The creation of the position of press secretary and the White House Office of Communications both stemmed from the need to send a cohesive message from the executive branch. Currently, the White House controls the information coming from the executive branch through the Office of Communications and decides who will meet with the press and what information will be given. But stories about the president often examine personality, or the president’s ability to lead the country, deal with Congress, or respond to national and international events. They are less likely to cover the president’s policies or agendas without a lot of effort on the president’s behalf.121 When Obama first entered office in 2009, journalists focused on his battles with Congress, critiquing his leadership style and inability to work with Representative Nancy Pelosi, then Speaker of the House. To gain attention for his policies, specifically the American Recovery and Reinvestment Act (ARRA), Obama began traveling the United States to draw the media away from Congress and encourage discussion of his economic stimulus package. Once the ARRA had been passed, Obama began travelling again, speaking locally about why the country needed the Affordable Care Act and guiding media coverage to promote support for the act.122 Congressional representatives have a harder time attracting media attention for their policies. House and Senate members who use the media well, either to help their party or to show expertise in an area, may increase their power within Congress, which helps them bargain for fellow legislators’ votes. Senators and high-ranking House members may also be invited to appear on cable news programs as guests, where they may gain some media support for their policies. Yet, overall, because there are so many members of Congress, and therefore so many agendas, it is harder for individual representatives to draw media coverage.123 It is less clear, however, whether media coverage of an issue leads Congress to make policy, or whether congressional policymaking leads the media to cover policy. In the 1970s, Congress investigated ways to stem the number of drug-induced deaths and crimes. As congressional meetings dramatically increased, the press was slow to cover the topic. The number of hearings was at its highest from 1970 to 1982, yet media coverage did not rise to the same level until 1984.124 Subsequent hearings and coverage led to national policies like DARE and First Lady Nancy Reagan’s “Just Say No” campaign (Figure 8.18). 318 Chapter 8 | The Media

Figure 8.18 First Lady Nancy Reagan speaks at a “Just Say No” rally in Los Angeles on May 13, 1987 (a). The Drug Abuse Resistance Education (D.A.R.E.) is an anti-drug, anti-gang program founded in 1983 by a joint initiative of the Los Angeles Police Department and the Los Angeles Unified School District.

Later studies of the media’s effect on both the president and Congress report that the media has a stronger agenda-setting effect on the president than on Congress. What the media choose to cover affects what the president thinks is important to voters, and these issues were often of national importance. The media’s effect on Congress was limited, however, and mostly extended to local issues like education or child and elder abuse.125 If the media are discussing a topic, chances are a member of Congress has already submitted a relevant bill, and it is waiting in committee.

COVERAGE EFFECTS ON SOCIETY The media choose what they want to discuss. This agenda setting creates a reality for voters and politicians that affects the way people think, act, and vote. Even if the crime rate is going down, for instance, citizens accustomed to reading stories about assault and other offenses still perceive crime to be an issue.126 Studies have also found that the media’s portrayal of race is flawed, especially in coverage of crime and poverty. One study revealed that local news shows were more likely to show pictures of criminals when they were African American, so they overrepresented blacks as perpetrators and whites as victims.127 A second study found a similar pattern in which Latinos were underrepresented as victims of crime and as police officers, while whites were overrepresented as both.128 Voters were thus more likely to assume that most criminals are black and most victims and police officers are white, even though the numbers do not support those assumptions. Network news similarly misrepresents the victims of poverty by using more images of blacks than whites in its segments. Viewers in a study were left believing African Americans were the majority of the unemployed and poor, rather than seeing the problem as one faced by many races.129 The misrepresentation of race is not limited to news coverage, however. A study of images printed in national magazines, like Time and Newsweek, found they also misrepresented race and poverty. The magazines were more likely to show images of young African Americans when discussing poverty and excluded the elderly and the young, as well as whites and Latinos, which is the true picture of poverty.130 Racial framing, even if unintentional, affects perceptions and policies. If viewers are continually presented with images of African Americans as criminals, there is an increased chance they will perceive members of this group as violent or aggressive.131 The perception that most recipients of welfare are working-age African Americans may have led some citizens to vote for candidates who promised to reduce welfare benefits.132 When survey respondents were shown a story of a white unemployed individual, 71 percent listed unemployment as one of the top three problems facing the United States, while only 53 percent did so if the story was about an unemployed African American.133

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Word choice may also have a priming effect. News organizations like the Los Angeles Times and the Associated Press no longer use the phrase “illegal immigrant” to describe undocumented residents. This may be due to the desire to create a “sympathetic” frame for the immigration situation rather than a “threat” frame.134 Media coverage of women has been similarly biased. Most journalists in the early 1900s were male, and women’s issues were not part of the newsroom discussion. As journalist Kay Mills put it, the women’s movement of the 1960s and 1970s was about raising awareness of the problems of equality, but writing about rallies “was like trying to nail Jell-O to the wall.”135 Most politicians, business leaders, and other authority figures were male, and editors’ reactions to the stories were lukewarm. The lack of women in the newsroom, politics, and corporate leadership encouraged silence.136 In 1976, journalist Barbara Walters became the first female coanchor on a network news show, The ABC Evening News. She was met with great hostility from her coanchor Harry Reasoner and received critical coverage from the press.137 On newspaper staffs, women reported having to fight for assignments to well- published beats, or to be assigned areas or topics, such as the economy or politics, that were normally reserved for male journalists. Once female journalists held these assignments, they feared writing about women’s issues. Would it make them appear weak? Would they be taken from their coveted beats?138 This apprehension allowed poor coverage of women and the women’s movement to continue until women were better represented as journalists and as editors. Strength of numbers allowed them to be confident when covering issues like health care, childcare, and education.139

Link to Learning

The Center for American Women in Politics (https://openstaxcollege.org/l/ 29cawprutgers) researches the treatment women receive from both government and the media, and they share the data with the public.

The media’s historically uneven coverage of women continues in its treatment of female candidates. Early coverage was sparse. The stories that did appear often discussed the candidate’s viability, or ability to win, rather than her stand on the issues.140 Women were seen as a novelty rather than as serious contenders who needed to be vetted and discussed. Modern media coverage has changed slightly. One study found that female candidates receive more favorable coverage than in prior generations, especially if they are incumbents.141 Yet a different study found that while there was increased coverage for female candidates, it was often negative.142 And it did not include Latina candidates.143 Without coverage, they are less likely to win. The historically negative media coverage of female candidates has had another concrete effect: Women are less likely than men to run for office. One common reason is the effect negative media coverage has on families.144 Many women do not wish to expose their children or spouses to criticism.145 In 2008, the nomination of Sarah Palin as Republican candidate John McCain’s running mate validated this concern (Figure 8.19). Some articles focused on her qualifications to be a potential future president or her record on the issues. But others questioned whether she had the right to run for office, given she had young children, one of whom has developmental disabilities.146 Her daughter, Bristol, was criticized for becoming pregnant while unmarried.147 Her husband was called cheap for failing to buy her a high-priced wedding ring.148 Even when candidates ask that children and families be off-limits, the press rarely honors the requests. So women with young children may wait until their children are grown before running for office, if they choose to run at all. 320 Chapter 8 | The Media

Figure 8.19 When Sarah Palin found herself on the national stage at the Republican Convention in September 2008, media coverage about her selection as John McCain’s running mate included numerous questions about her ability to serve based on personal family history. Attacks on candidates’ families lead many women to postpone or avoid running for office. (credit: Carol Highsmith)

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Key Terms agenda setting the media’s ability to choose which issues or topics get attention beat the coverage area assigned to journalists for news or stories citizen journalism video and print news posted to the Internet or social media by citizens rather than the news media cultivation theory the idea that media affect a citizen’s worldview through the information presented digital paywall the need for a paid subscription to access published online material equal-time rule an FCC policy that all candidates running for office must be given the same radio and television airtime opportunities fairness doctrine a 1949 Federal Communications Commission (FCC) policy, now defunct, that required holders of broadcast licenses to cover controversial issues in a balanced manner framing the process of giving a news story a specific context or background

Freedom of Information Act (FOIA) a federal statute that requires public agencies to provide certain types of information requested by citizens hypodermic theory the idea that information is placed in a citizen’s brain and accepted indecency regulations laws that limit indecent and obscene material on public airwaves libel printed information about a person or organization that is not true and harms the reputation of the person or organization mass media the collection of all media forms that communicate information to the general public minimal effects theory the idea that the media have little effect on citizens muckraking news coverage focusing on exposing corrupt business and government practices party press era period during the 1780s in which newspaper content was biased by political partisanship priming the process of predisposing readers or viewers to think a particular way prior restraint a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release) public relations biased communication intended to improve the image of people, companies, or organizations reporter’s privilege the right of a journalist to keep a source confidential slander spoken information about a person or organization that is not true and harms the reputation of the person or organization soft news news presented in an entertaining style sunshine laws laws that require government documents and proceedings to be made public yellow journalism sensationalized coverage of scandals and human interest stories 322 Chapter 8 | The Media

Summary

8.1 What Is the Media? The media encompass all communications that transmit facts or information to citizens and includes the mass media in print and on the radio, television, and Internet. Television takes many forms, such as local, network, cable, or satellite. Historically, programming was transmitted from networks to local stations and broadcast via the airwaves, while fiber-optic cables now allow for national programming to transmit directly. Technological advances allow on-demand and streaming access for programming, leading to changes in advertising and scheduling practices. Conglomerates are large media corporations that own many stations and other companies; therefore, they can create a monopoly and decrease the flow of information to the public. The media serves to entertain the public, watch for corruption, set the national agenda, and promote the public good. In each of these roles, the media informs the public about what is happening and signals when citizens should act.

8.2 The Evolution of the Media Newspapers were vital during the Revolutionary War. Later, in the party press era, party loyalty governed coverage. At the turn of the twentieth century, investigative journalism and muckraking appeared, and newspapers began presenting more professional, unbiased information. The modern print media have fought to stay relevant and cost-efficient, moving online to do so. Most families had radios by the 1930s, making it an effective way for politicians, especially presidents, to reach out to citizens. While the increased use of television decreased the popularity of radio, talk radio still provides political information. Modern presidents also use television to rally people in times of crisis, although social media and the Internet now offer a more direct way for them to communicate. While serious newscasts still exist, younger viewers prefer soft news as a way to become informed.

8.3 Regulating the Media While freedom of the press is an important aspect of the Bill of Rights, this freedom is not absolute and may be regulated by the U.S. government. The press cannot libel or slander individuals or publish information about troop movements or undercover operatives. The Federal Communications Commission can enforce limits on television and radio programming by fining or revoking licenses. Broadcast material cannot be obscene, and indecent programs can be broadcast only between 10 p.m. and 6 a.m. Stations must also give political candidates equal time for advertising and interviews. The media help governments maintain transparency. Sunshine laws require some governments and government agencies to make meeting documents public. Some presidents have encouraged journalists and allowed questioning while others have avoided the press. Lack of openness by government officials leads journalists to use confidential sources for important or classified information. The Supreme Court does not give the press complete freedom to keep sources confidential, though the government can choose whom it prosecutes for hiding sources.

8.4 The Impact of the Media Writers began to formally study media bias in the 1920s. Initially, the press was seen as being able to place information in our minds, but later research found that the media have a minimal effect on recipients. A more recent theory is that the media cultivates our reality by presenting information that creates our perceptions of the world. The media does have the ability to frame what it presents, and it can also prime citizens to think a particular way, which changes how they react to new information. The media’s coverage of electoral candidates has increasingly become analysis rather than reporting. Sound bites from candidates are shorter. The press now provides horse-race coverage on the campaigns rather than in-depth coverage on candidates and their positions, forcing voters to look for other sources, like social media, for information. Current coverage of the government focuses more on what the president does than on presidential policies. Congress, on the other hand, is rarely affected by the media. Most topics discussed by the media are already being discussed by members of Congress or its committees.

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The media frame discussions and choose pictures, information, and video to support stories, which may affect the way people vote on social policy and in elections.

Review Questions

1. A local station that broadcasts national 9. Muckraking occurs when newspapers network programming is called a(an) ______. station. a. investigate problems in government and a. affiliate business b. cable b. investigate actions of celebrities c. digital c. print sensational news on the front page to d. network sell papers d. print more editorials and opinion pieces to 2. Cable programming is often ______. sell papers a. local b. national 10. Radio quiz shows and comedy shows were c. network most popular in the ______. d. sports a. 1900s b. 1930s 3. A conglomerate is a corporation that ______. c. 1970s a. owns all television news stations in a state d. 1990s b. owns many businesses and media networks c. owns only radio stations 11. Television news became a regular feature d. owns only televisions and newspapers during ______due to the public’s demand for ______to explain current events. 4. When acting as an agenda setter, the media a. WWI; images and maps ______. b. Great Depression; charts and tables a. decides which issues deserve public c. WWII; images and maps attention d. Vietnam War; charts and tables b. covers presidential campaigns equally c. reports on corruption in government 12. Why did Franklin D. Roosevelt’s fireside d. brings in advertising revenue for the media chats help the president enact his policies? corporation 13. How have modern presidents used television 5. How can conglomerates censor information? to reach out to citizens?

6. In what ways is media responsible for 14. Why is soft news good at reaching out and promoting the public good? educating viewers?

7. Why is social media an effective way to spread 15. In which circumstance would the courts find news and information? libel? a. A reporter uses a source that incorrectly 8. Newspapers during the Revolutionary War states a celebrity is using drugs. period tended to ______. b. A columnist writes his opinion about a. give fake news and sensationalize stories whether an actor is hiding a drug problem. b. unite the colonists and provide information c. A television reporter delivers a story about about the British increased drug use at the local college. c. print party propaganda d. A reporter writes that local college students d. attack colonial politicians are drug dealers but has no sources. 324 Chapter 8 | The Media

16. The Supreme Court determined that the right 21. Which of the following is an example of of the press to print classified material ______. episodic framing? a. is obsolete, and the press may never print a. a story on drug abuse that interviews classified material addicts and discusses reasons for addiction b. is partial, and the press may print classified and government responses to help addicts material only if it does not compromise b. a story on how drug abuse policy has troops or covert operatives changed since 1984 c. is complete, and the press may print c. a story on candidates’ answers to a drug anything it likes question in a debate d. has not yet been defined d. a story detailing arguments against needle exchange programs 17. The Federal Communications Commission oversees the programming of which entities? 22. According to research, why might a woman a. television decide not to run for office? b. television and radio a. She feels the work is too hard. c. television, radio, and satellite b. She fears her positions will be covered too d. television, radio, satellite, and cable closely by the press. c. She fears the media will criticize her family. 18. Which of the following is a reasonable d. She fears the campaign will be too exception to the Freedom of Information Act? expensive. a. medical records for government employees b. budget for the Department of Labor 23. Media coverage of a race tends to ______. c. minutes from a president’s cabinet meeting a. accurately portray all races equally d. transcript of meetings between Department b. accurately portray whites and blacks as of State negotiators and Russian trade victims negotiators c. overrepresent whites and the elderly as poor 19. Why is it a potential problem that the equal- d. overrepresent African Americans as poor time rule does not apply to candidates’ supporters? 24. How might framing or priming affect the way a reader or viewer thinks about an issue? 20. Under what circumstances might a journalist be compelled to give up a source? 25. Why would inaccurate coverage of race and gender affect policy or elections?

Critical Thinking Questions

26. In what ways can the media change the way a citizen thinks about government?

27. In what ways do the media protect people from a tyrannical government?

28. Should all activities of the government be open to media coverage? Why or why not? In what circumstances do you think it would be appropriate for the government to operate without transparency?

29. Have changes in media formats created a more accurate, less biased media? Why or why not?

30. How does citizen journalism use social media to increase coverage of world events?

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 8 | The Media 325

Suggestions for Further Study

Baum, Matthew A. 2003. Soft News Goes to War: Public Opinion and American Foreign Policy in the New Media Age. Princeton, NJ: Princeton University Press. Baum, Matthew A., and Philip B. K. Potter. 2015. War and Democratic Constraint: How the Public Influences Foreign Policy. Princeton, NJ: Princeton University Press. Cohen, Jeffrey. 2008. The Presidency in the Era of 24-Hour News. Princeton, NJ: Princeton University Press. Eshbaugh-Soha, Matthew, and Jeffrey Peake. 2011. Breaking through the Noise: Presidential Leadership, Public Opinion, and the News. Stanford, CA: Stanford University Press. Fellow, Anthony R. 2013. American Media History. Boston: Cengage. Graber, Doris A., and Johanna L. Dunaway. 2014. Mass Media and American Politics. Thousand Oaks, CA: CQ Press. PIyengar, Shanto. 2016. Media Politics: A Citizen’s Guide, 3rd ed. New York: W. W. Norton. Iyengar, Shanto, and Donald R. Kinder. 2010. News That Matters: Television and American Opinion. Chicago: University Of Chicago Press. Lawless, Jennifer L., and Richard L. Fox. 2010. It Still Takes A Candidate: Why Women Don’t Run for Office. Cambridge: Cambridge University Press. Malecha, Gary, and Daniel J. Reagan. 2011. The Public Congress: Congressional Deliberation in a New Media Age. New York: Routledge. Media Matters (http://mediamatters.org/). Media Research Center (http://www.mrc.org/). Patterson, Thomas. 2013. Informing the News: The Need for Knowledge-Based Journalism. New York: Vintage. Politifact (http://www.politifact.com/). Rozell, Mark, and Jeremy Mayer. 2008. Media Power, Media Politics. Lanham, MD: Rowman & Littlefield. West, Darrell M. 2013. Air Wars. Thousand Oaks, CA: CQ Press. Chapter 10 | Interest Groups and Lobbying 367

Chapter 10 Interest Groups and Lobbying

Figure 10.1 On April 15 (or “tax day”), 2010, members of the Tea Party movement rallied at the Minnesota State Capitol in St. Paul in favor of smaller government and against the Affordable Care Act (left). Two years later, supporters of the law (right) demonstrated in front of the U.S. Supreme Court during oral arguments in National Federation of Independent Business v. Sebelius, in which the Court eventually upheld most provisions of the law. (credit left: modification of work by “Fibonacci Blue”/Flickr; credit right: modification of work by LaDawna Howard)

Chapter Outline 10.1 Interest Groups Defined 10.2 Collective Action and Interest Group Formation 10.3 Interest Groups as Political Participation 10.4 Pathways of Interest Group Influence 10.5 Free Speech and the Regulation of Interest Groups

Introduction The 2010 Patient Protection and Affordable Care Act (ACA), also known as Obamacare, represented a substantial overhaul of the U.S. healthcare system.1 Given its potential impact, interest group representatives (lobbyists) from the insurance industry, hospitals, medical device manufacturers, and organizations representing doctors, patients, and employers all tried to influence what the law would look like and the way it would operate. Ordinary people took to the streets to voice their opinion (Figure 10.1). Some state governors sued to prevent a requirement in the law that their states expand Medicaid coverage. A number of interest groups challenged the law in court, where two Supreme Court decisions have left it largely intact. Interest groups like those for and against the ACA play a fundamental role in representing individuals, corporate interests, and the public before the government. They help inform the public and lawmakers about issues, monitor government actions, and promote policies that benefit their interests, using all three branches of government at the federal, state, and local levels. In this chapter, we answer several key questions about interest groups. What are they, and why and how do they form? How do they provide avenues for political participation? Why are some groups advantaged by the lobbying of government representatives, while others are disadvantaged? Finally, how do interest groups try to achieve their objectives, and how are they regulated? 368 Chapter 10 | Interest Groups and Lobbying

10.1 Interest Groups Defined

Learning Objectives By the end of this section, you will be able to: • Explain how interest groups differ from political parties • Evaluate the different types of interests and what they do • Compare public and private interest groups

While the term interest group is not mentioned in the U.S. Constitution, the framers were aware that individuals would band together in an attempt to use government in their favor. In Federalist No. 10, James Madison warned of the dangers of “factions,” minorities who would organize around issues they felt strongly about, possibly to the detriment of the majority. But Madison believed limiting these factions was worse than facing the evils they might produce, because such limitations would violate individual freedoms. Instead, the natural way to control factions was to let them flourish and compete against each other. The sheer number of interests in the United States suggests that many have, indeed, flourished. They compete with similar groups for membership, and with opponents for access to decision-makers. Some people suggest there may be too many interests in the United States. Others argue that some have gained a disproportionate amount of influence over public policy, whereas many others are underrepresented. Madison’s definition of factions can apply to both interest groups and political parties. But unlike political parties, interest groups do not function primarily to elect candidates under a certain party label or to directly control the operation of the government. Political parties in the United States are generally much broader coalitions that represent a significant proportion of citizens. In the American two-party system, the Democratic and Republican Parties spread relatively wide nets to try to encompass large segments of the population. In contrast, while interest groups may support or oppose political candidates, their goals are usually more issue-specific and narrowly focused on areas like taxes, the environment, and gun rights or gun control, or their membership is limited to specific professions. They may represent interests ranging from well-known organizations, such as the Sierra Club, IBM, or the American Lung Association, to obscure ones, such as the North Carolina Gamefowl Breeders Association. Thus, with some notable exceptions, specific interest groups have much more limited membership than do political parties. Political parties and interest groups both work together and compete for influence, although in different ways. While interest group activity often transcends party lines, many interests are perceived as being more supportive of one party than the other. The American Conservative Union, Citizens United, the National Rifle Association, and National Right to Life are more likely to have relationships with Republican lawmakers than with Democratic ones. Americans for Democratic Action, Moveon.org, and the Democratic Governors Association all have stronger relationships with the Democratic Party. Parties and interest groups do compete with each other, however, often for influence. At the state level, we typically observe an inverse relationship between them in terms of power. Interest groups tend to have greater influence in states where political parties are comparatively weaker.

WHAT ARE INTEREST GROUPS AND WHAT DO THEY WANT? Definitions abound when it comes to interest groups, which are sometimes referred to as special interests, interest organizations, pressure groups, or just interests. Most definitions specify that interest group indicates any formal association of individuals or organizations that attempt to influence government decision-making and/or the making of public policy. Often, this influence is exercised by a lobbyist or a lobbying firm. Formally, a lobbyist is someone who represents the interest organization before government, is usually compensated for doing so, and is required to register with the government in which he or she lobbies, whether state or federal. The lobbyist’s primary goal is usually to influence policy. Most interest

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organizations engage in lobbying activity to achieve their objectives. As you might expect, the interest hires a lobbyist, employs one internally, or has a member volunteer to lobby on its behalf. For present purposes, we might restrict our definition to the relatively broad one in the Lobbying Disclosure Act.2 This act requires the registration of lobbyists representing any interest group and devoting more than 20 percent of their time to it.3 Clients and lobbying firms must also register with the federal government based on similar requirements. Moreover, campaign finance laws require disclosure of campaign contributions given to political candidates by organizations.

Link to Learning

Visit this site (https://openstaxcollege.org/l/29opensecrets) to research donations and campaign contributions given to political candidates by organizations.

Lobbying is not limited to Washington, DC, however, and many interests lobby there as well as in one or more states. Each state has its own laws describing which individuals and entities must register, so the definitions of lobbyists and interests, and of what lobbying is and who must register to do it, also vary from state to state. Therefore, while a citizen contacting a lawmaker to discuss an issue is generally not viewed as lobbying, an organization that devotes a certain amount of time and resources to contacting lawmakers may be classified as lobbying, depending on local, state, or federal law. Largely for this reason, there is no comprehensive list of all interest groups to tell us how many there are in the United States. Estimates of the number vary widely, suggesting that if we use a broad definition and include all interests at all levels of government, there may be more than 200,000.4 Following the passage of the Lobbying Disclosure Act in 1995, we had a much better understanding of the number of interests registered in Washington, DC; however, it was not until several years later that we had a complete count and categorization of the interests registered in each of the fifty states.5 Political scientists have categorized interest groups in a number of ways.6 First, interest groups may take the form of membership organizations, which individuals join voluntarily and to which they usually pay dues. Membership groups often consist of people who have common issues or concerns, or who want to be with others who share their views. The National Rifle Association (NRA) is a membership group consisting of members who promote gun rights (Figure 10.2). For those who advocate greater regulation of access to firearms, such as background checks prior to gun purchases, the Brady Campaign to Prevent Gun Violence is a membership organization that weighs in on the other side of the issue.7 370 Chapter 10 | Interest Groups and Lobbying

Figure 10.2 A Florida member of the NRA proudly displays his support of gun rights (a). In December 2012, CREDO, a San Francisco telecommunications company that supports progressive causes, called on the NRA to stop blocking Congress from passing gun control legislation (b). (credit a: modification of work by Daniel Oines; credit b: modification of work by Josh Lopez)

Interest groups may also form to represent companies, corporate organizations, and governments. These groups do not have individual members but rather are offshoots of corporate or governmental entities with a compelling interest to be represented in front of one or more branches of government. Verizon and Coca-Cola will register to lobby in order to influence policy in a way that benefits them. These corporations will either have one or more in-house lobbyists, who work for one interest group or firm and represent their organization in a lobbying capacity, and/or will hire a contract lobbyist, individuals who work for firms that represent a multitude of clients and are often hired because of their resources and their ability to contact and lobby lawmakers, to represent them before the legislature. Governments such as municipalities and executive departments such as the Department of Education register to lobby in an effort to maximize their share of budgets or increase their level of autonomy. These government institutions are represented by a legislative liaison, whose job is to present issues to decision-makers. For example, a state university usually employs a lobbyist, legislative liaison, or government affairs person to represent its interests before the legislature. This includes lobbying for a given university’s share of the budget or for its continued autonomy from lawmakers and other state-level officials who may attempt to play a greater oversight role. In 2015, thirteen states had their higher education budgets cut from the previous year, and nearly all states have seen some cuts to higher education funding since the recession began in 2008.8 In 2015, as in many states, universities and community colleges in Mississippi lobbied the legislature over pending budget cuts.9 These examples highlight the need for universities and state university systems to have representation before the legislature. On the federal level, universities may lobby for research funds from government departments. For example, the Departments of Defense and Homeland Security may be willing to fund scientific research that might better enable them to defend the nation. Interest groups also include associations, which are typically groups of institutions that join with others, often within the same trade or industry (trade associations), and have similar concerns. The American Beverage Association10 includes Coca-Cola, Red Bull North America, ROCKSTAR, and Kraft Foods. Despite the fact that these companies are competitors, they have common interests related to the manufacturing, bottling, and distribution of beverages, as well as the regulation of their business activities. The logic is that there is strength in numbers, and if members can lobby for tax breaks or eased regulations for an entire industry, they may all benefit. These common goals do not, however, prevent individual association members from employing in-house lobbyists or contract lobbying firms to represent their own business or organization as well. Indeed, many members of associations are competitors who also seek representation individually before the legislature.

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Link to Learning

Visit the website of an association like the American Beverage Association (https://openstaxcollege.org/l/29ambevassoc) or the American Bankers Association (https://openstaxcollege.org/l/29amerbankassoc) and look over the key issues it addresses. Do any of the issues it cares about surprise you? What areas do you think members can agree about? Are there issues on which the membership might disagree? Why would competitors join together when they normally compete for business?

Finally, sometimes individuals volunteer to represent an organization. They are called amateur or volunteer lobbyists, and are typically not compensated for their lobbying efforts. In some cases, citizens may lobby for pet projects because they care about some issue or cause. They may or may not be members of an interest group, but if they register to lobby, they are sometimes nicknamed “hobbyists.” Lobbyists representing a variety of organizations employ different techniques to achieve their objectives. One method is inside lobbying or direct lobbying, which takes the interest group’s message directly to a government official such as a lawmaker.11 Inside lobbying tactics include testifying in legislative hearings and helping to draft legislation. Numerous surveys of lobbyists have confirmed that the vast majority rely on these inside strategies. For example, nearly all report that they contact lawmakers, testify before the legislature, help draft legislation, and contact executive agencies. Trying to influence government appointments or providing favors to members of government are somewhat less common insider tactics. Many lobbyists also use outside lobbying or indirect lobbying tactics, whereby the interest attempts to get its message out to the public.12 These tactics include issuing press releases, placing stories and articles in the media, entering coalitions with other groups, and contacting interest group members, hoping that they will individually pressure lawmakers to support or oppose legislation. An environmental interest group like the Sierra Club, for example, might issue a press release or encourage its members to contact their representatives in Congress about legislation of concern to the group. It might also use outside tactics if there is a potential threat to the environment and the group wants to raise awareness among its members and the public (Figure 10.3). Members of Congress are likely to pay attention when many constituents contact them about an issue or proposed bill. Many interest groups, including the Sierra Club, will use a combination of inside and outside tactics in their lobbying efforts, choosing whatever strategy is most likely to help them achieve their goals.

Figure 10.3 In February 2013, members of the Sierra Club joined a march on Los Angeles City Hall to demand action on climate change and protest the development of the Keystone pipeline. (credit: Charlie Kaijo) 372 Chapter 10 | Interest Groups and Lobbying

The primary goal of most interests, no matter their lobbying approach, is to influence decision-makers and public policies. For example, National Right to Life, an anti-abortion interest group, lobbies to encourage government to enact laws that restrict abortion access, while NARAL Pro-Choice America lobbies to promote the right of women to have safe choices about abortion. Environmental interests like the Sierra Club lobby for laws designed to protect natural resources and minimize the use of pollutants. On the other hand, some interests lobby to reduce regulations that an organization might view as burdensome. Air and water quality regulations designed to improve or protect the environment may be viewed as onerous by industries that pollute as a byproduct of their production or manufacturing process. Other interests lobby for budgetary allocations; the farm lobby, for example, pressures Congress to secure new farm subsidies or maintain existing ones. Farm subsidies are given to some farmers because they grow certain crops and to other farmers so they will not grow certain crops.13 As expected, any bill that might attempt to alter these subsidies raises the antennae of many agricultural interests.

INTEREST GROUP FUNCTIONS While influencing policy is the primary goal, interest groups also monitor government activity, serve as a means of political participation for members, and provide information to the public and to lawmakers. According to the National Conference of State Legislatures, by November 2015, thirty-six states had laws requiring that voters provide identification at the polls.14 A civil rights group like the National Association for the Advancement of Colored People (NAACP) will keep track of proposed voter-identification bills in state legislatures that might have an effect on voting rights. This organization will contact lawmakers to voice approval or disapproval of proposed legislation (inside lobbying) and encourage group members to take action by either donating money to it or contacting lawmakers about the proposed bill (outside lobbying). Thus, a member of the organization or a citizen concerned about voting rights need not be an expert on the legislative process or the technical or legal details of a proposed bill to be informed about potential threats to voting rights. Other interest groups function in similar ways. For example, the NRA monitors attempts by state legislatures to tighten gun control laws. Interest groups facilitate political participation in a number of ways. Some members become active within a group, working on behalf of the organization to promote its agenda. Some interests work to increase membership, inform the public about issues the group deems important, or organize rallies and promote get-out-the-vote efforts. Sometimes groups will utilize events to mobilize existing members or encourage new members to join. For example, following Barack Obama’s presidential victory in 2008, the NRA used the election as a rallying cry for its supporters, and it continues to attack the president on the issue of guns, despite the fact that gun rights have in some ways expanded over the course of the Obama presidency. Interest groups also organize letter-writing campaigns, stage protests, and sometimes hold fundraisers for their cause or even for political campaigns. Some interests are more broadly focused than others. AARP (formerly the American Association of Retired Persons) has approximately thirty-seven million members and advocates for individuals fifty and over on a variety of issues including health care, insurance, employment, financial security, and consumer protection (Figure 10.4).15 This organization represents both liberals and conservatives, Democrats and Republicans, and many who do not identify with these categorizations. On the other hand, the Association of Black Cardiologists is a much smaller and far-narrower organization. Over the last several decades, some interest groups have sought greater specialization and have even fragmented. As you may imagine, the Association of Black Cardiologists is more specialized than the American Medical Association, which tries to represent all physicians regardless of race or specialty.

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Figure 10.4 Health care is an important concern for AARP and its members, so the organization makes sure to maintain connections with key policymakers in this area, such as Katherine Sebelius, secretary of Health and Human Services from 2009 to 2014, shown here with John Rother, director of legislation and public policy for AARP. (credit: modification of work by Chris Smith, HHS)

PUBLIC VS. PRIVATE INTEREST GROUPS Interest groups and organizations represent both private and public interests in the United States. Private interests usually seek particularized benefits from government that favor either a single interest or a narrow set of interests. For example, corporations and political institutions may lobby government for tax exemptions, fewer regulations, or favorable laws that benefit individual companies or an industry more generally. Their goal is to promote private goods. Private goods are items individuals can own, including corporate profits. An automobile is a private good; when you purchase it, you receive ownership. Wealthy individuals are more likely to accumulate private goods, and they can sometimes obtain private goods from governments, such as tax benefits, government subsidies, or government contracts. On the other hand, public interest groups attempt to promote public, or collective, goods. Such collective goods are benefits—tangible or intangible—that help most or all citizens. These goods are often produced collectively, and because they may not be profitable and everyone may not agree on what public goods are best for society, they are often underfunded and thus will be underproduced unless there is government involvement. The Tennessee Valley Authority, a government corporation, provides electricity in some places where it is not profitable for private firms to do so. Other examples of collective goods are public safety, highway safety, public education, and environmental protection. With some exceptions, if an environmental interest promotes clean air or water, most or all citizens are able to enjoy the result. So if the Sierra Club encourages Congress to pass legislation that improves national air quality, citizens receive the benefit regardless of whether they are members of the organization or even support the legislation. Many environmental groups are public interest groups that lobby for and raise awareness of issues that affect large segments of the population.16 As the clean air example above suggests, collective goods are generally nonexcludable, meaning all or most people are entitled to the public good and cannot be prevented from enjoying it. Furthermore, collective goods are generally not subject to crowding, so that even as the population increases, people still have access to the entire public good. Thus, the military does not protect citizens only in Texas and Maryland while neglecting those in New York and Idaho, but instead it provides the collective good of national defense equally to citizens in all states. As another example, even as more cars use a public roadway, under most circumstances, additional drivers still have the option of using the same road. (High-occupancy vehicle lanes may restrict some lanes of a highway for drivers who do not car pool.) 374 Chapter 10 | Interest Groups and Lobbying

10.2 Collective Action and Interest Group Formation

Learning Objectives By the end of this section, you will be able to: • Explain the concept of collective action and its effect on interest group formation • Describe free riding and the reasons it occurs • Discuss ways to overcome collective action problems

In any group project in which you have participated, you may have noticed that a small number of students did the bulk of the work while others did very little. Yet everyone received the same grade. Why do some do all the work, while others do little or none? How is it possible to get people to work when there is a disincentive to do so? This situation is an example of a collective action problem, and it exists in government as well as in public and private organizations. Whether it is Congress trying to pass a budget or an interest group trying to motivate members to contact lawmakers, organizations must overcome collective action problems to be productive. This is especially true of interest groups, whose formation and survival depend on members doing the necessary work to keep the group funded and operating.

COLLECTIVE ACTION AND FREE RIDING Collective action problems exist when people have a disincentive to take action.17 In his classic work, The Logic of Collective Action, economist Mancur Olson discussed the conditions under which collective actions problems would exist, and he noted that they were prevalent among organized interests. People tend not to act when the perceived benefit is insufficient to justify the costs associated with engaging in the action. Many citizens may have concerns about the appropriate level of taxation, gun control, or environmental protection, but these concerns are not necessarily strong enough for them to become politically active. In fact, most people take no action on most issues, either because they do not feel strongly enough or because their action will likely have little bearing on whether a given policy is adopted. Thus, there is a disincentive to call your member of Congress, because rarely will a single phone call sway a politician on an issue. Why do some students elect to do little on a group project? The answer is that they likely prefer to do something else and realize they can receive the same grade as the rest of the group without contributing to the effort. This result is often termed the free rider problem, because some individuals can receive benefits (get a free ride) without helping to bear the cost. When National Public Radio (NPR) engages in a fund- raising effort to help maintain the station, many listeners will not contribute. Since it is unlikely that any one listener’s donation will be decisive in whether NPR has adequate funding to continue to operate, most listeners will not contribute to the costs but instead will free ride and continue to receive the benefits of listening. Collective action problems and free riding occur in many other situations as well. If union membership is optional and all workers will receive a salary increase regardless of whether they make the time and money commitment to join, some workers may free ride. The benefits sought by unions, such as higher wages, collective bargaining rights, and safer working conditions, are often enjoyed by all workers regardless of whether they are members. Therefore, free riders can receive the benefit of the pay increase without helping defray the cost by paying dues, attending meetings or rallies, or joining protests, like that shown in Figure 10.5.

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Figure 10.5 In February 2009, in protest over the “union-busting” efforts of the Rite-Aid Corporation, members of the AFL-CIO demonstrated at the drugstore chain’s corporate headquarters in Camp Hill, Pennsylvania. (credit: Amy Niehouse)

If free riding is so prevalent, why are there so many interest groups and why is interest group membership so high in the United States? One reason is that free riding can be overcome in a variety of ways. Olson argued, for instance, that some groups are better able than others to surmount collective action problems.18 They can sometimes maintain themselves by obtaining financial support from patrons outside the group.19 Groups with financial resources have an advantage in mobilizing in that they can offer incentives or hire a lobbyist. Smaller, well-organized groups also have an advantage. For one thing, opinions within smaller groups may be more similar, making it easier to reach consensus. It is also more difficult for members to free ride in a smaller group. In comparison, larger groups have a greater number of individuals and therefore more viewpoints to consider, making consensus more difficult. It may also be easier to free ride because it is less obvious in a large group when any single person does not contribute. However, if people do not lobby for their own interests, they may find that they are ignored, especially if smaller but more active groups with interests opposed to theirs lobby on behalf of themselves. Even though the United States is a democracy, policy is often made to suit the interests of the few instead of the needs of the many. Group leaders also play an important role in overcoming collective action problems. For instance, political scientist Robert Salisbury suggests that group leaders will offer incentives to induce activity among individuals.20 Some offer material incentives, which are tangible benefits of joining a group. AARP, for example, offers discounts on hotel accommodations and insurance rates for its members, while dues are very low, so they can actually save money by joining. Group leaders may also offer solidary incentives, which provide the benefit of joining with others who have the same concerns or are similar in other ways. Some scholars suggest that people are naturally drawn to others with similar concerns. The NAACP is a civil rights groups concerned with promoting equality and eliminating discrimination based on race, and members may join to associate with others who have dealt with issues of inequality.21 Similarly, purposive incentives focus on the issues or causes promoted by the group. Someone concerned about protecting individual rights might join a group like the American Civil Liberties Union (ACLU) because it supports the liberties guaranteed in the U.S. Constitution, even the free expression of unpopular views.22 Members of the ACLU sometimes find the messages of those they defend (including Nazis and the Ku Klux Klan) deplorable, but they argue that the principle of protecting civil liberties is critical to U.S. democracy. In many ways, the organization’s stance is analogous to James Madison’s defense of factions mentioned earlier in this chapter. A commitment to protecting rights and liberties can serve as an incentive in overcoming collective action problems, because members or potential members care enough about the issues to join or participate. Thus, interest groups and their leadership will use whatever incentives they have at their disposal to overcome collective action problems and mobilize their members. 376 Chapter 10 | Interest Groups and Lobbying

Finally, sometimes collective action problems are overcome because there is little choice about whether to join an organization. For example, some organizations may require membership in order to participate in a profession. To practice law, individuals may be required to join the American Bar Association or a state bar association. In the past, union membership could be required of workers, particularly in urban areas controlled by political machines consisting of a combination of parties, elected representatives, and interest groups.

Link to Learning

Visit the Free Rider Problem (https://openstaxcollege.org/l/29freeridprob) for a closer look at free riding as a philosophical problem. Think of a situation you have been in where a collective action problem existed or someone engaged in free riding behavior. Why did the collective action problem or free riding occur? What could have been done to overcome the problem? How will knowledge of these problems affect the way you act in future group settings?

DISTURBANCE THEORY AND COLLECTIVE ACTION In addition to the factors discussed above that can help overcome collective action problems, external events can sometimes help mobilize groups and potential members. Some scholars argue that disturbance theory can explain why groups mobilize due to an event in the political, economic, or social environment.23 For example, in 1962, Rachel Carson published Silent Spring, a book exposing the dangers posed by pesticides such as DDT.24 The book served as a catalyst for individuals worried about the environment and the potential dangers of pesticides. The result was an increase in both the number of environmental interest groups, such as Greenpeace and American Rivers, and the number of members within them. More recently, several shooting deaths of unarmed young African American men have raised awareness of racial issues in the United States and potential problems in policing practices. In 2014, Ferguson, Missouri, erupted in protests and riots following a decision not to indict Darren Wilson, a white police officer, in the fatal shooting of Michael Brown, who had allegedly been involved in a theft at a local convenience store and ended up in a dispute with the officer.25 The incident mobilized groups representing civil rights, such as the protestors in Figure 10.6, as well as others supporting the interests of police officers.

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Figure 10.6 Protestors in Washington, DC, rally against the decision not to indict police officer Darren Wilson in the 2014 shooting death of teenager Michael Brown in Ferguson, Missouri. (credit: modification of work by Neil Cooler)

Both the Silent Spring and Ferguson examples demonstrate the idea that people will naturally join groups in response to disturbances. Some mobilization efforts develop more slowly and may require the efforts of group leaders. Sometimes political candidates can push issues to the forefront, which may result in interest group mobilization. The recent focus on immigration, for example, has resulted in the mobilization of those in support of restrictive policies as well as those opposed to them (Figure 10.7). Rather than being a single disturbance, debate about immigration policy has ebbed and flowed in recent years, creating what might best be described as a series of minor disturbances. When, during his presidential candidacy, Donald Trump made controversial statements about immigrants, many rallied both for and against him.26 378 Chapter 10 | Interest Groups and Lobbying

Figure 10.7 Protestors take to the streets on different sides of the immigration issue. Some argue that the United States is a nation of immigrants, whereas others demonstrate in support of greater restrictions on immigration.

Finding a Middle Ground

Student Activism and Apathy Student behavior is somewhat paradoxical when it comes to political participation. On one hand, students have been very active on college campuses at various times over the past half-century. Many became politically active in the 1960s as part of the civil rights movement, with some joining campus groups that promoted civil rights, while others supported groups that opposed these rights. In the late 1960s and early 1970s, college campuses were very active in opposition to the Vietnam War. More recently, in 2015, students at the University of Missouri protested against the university system president, who was accused of not taking racial issues at the university seriously. The student protests were supported by civil rights groups like the NAACP, and their efforts culminated in the president’s resignation.27 Yet at the same time, students participate by voting and joining groups at lower rates than members of other age cohorts. Why is it the case that students can play such an important role in facilitating political change in some cases, while at the same time they are typically less active than other demographic groups? Are there groups on campus that represent issues important to you? If not, find out what you could do to start such a group.

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10.3 Interest Groups as Political Participation

Learning Objectives By the end of this section, you will be able to: • Analyze how interest groups provide a means for political participation • Discuss recent changes to interest groups and the way they operate in the United States • Explain why lower socioeconomic status citizens are not well represented by interest groups • Identify the barriers to interest group participation in the United States

Interest groups offer individuals an important avenue for political participation. Tea Party protests, for instance, gave individuals all over the country the opportunity to voice their opposition to government actions and control. Likewise, the Occupy Wall Street movement also gave a voice to those individuals frustrated with economic inequality and the influence of large corporations on the public sector. Individually, the protestors would likely have received little notice, but by joining with others, they drew substantial attention in the media and from lawmakers (Figure 10.8). While the Tea Party movement might not meet the definition of interest groups presented earlier, its aims have been promoted by established interest groups. Other opportunities for participation that interest groups offer or encourage include voting, campaigning, contacting lawmakers, and informing the public about causes.

Figure 10.8 In 2011, an Occupy Wall Street protestor highlights that the concerns of individual citizens are not always heard by those in the seats of power. (credit: Timothy Krause)

GROUP PARTICIPATION AS CIVIC ENGAGEMENT Joining interest groups can help facilitate civic engagement, which allows people to feel more connected to the political and social community. Some interest groups develop as grassroots movements, which often begin from the bottom up among a small number of people at the local level. Interest groups can amplify the voices of such individuals through proper organization and allow them to participate in ways that would be less effective or even impossible alone or in small numbers. The Tea Party is an example of a so-called astroturf movement, because it is not, strictly speaking, a grassroots movement. Many trace the party’s origins to groups that champion the interests of the wealthy such as Americans for Prosperity and Citizens for a Sound Economy. Although many ordinary citizens support the Tea Party because of its opposition to tax increases, it attracts a great deal of support from elite and wealthy sponsors, some of whom are active in lobbying. The FreedomWorks political action committee (PAC), for example, is a conservative advocacy group that has supported the Tea Party movement. FreedomWorks is an offshoot of the interest group Citizens for a Sound Economy, which was founded by billionaire industrialists David H. and Charles G. Koch in 1984. 380 Chapter 10 | Interest Groups and Lobbying

According to political scientists Jeffrey Berry and Clyde Wilcox, interest groups provide a means of representing people and serve as a link between them and government.28 Interest groups also allow people to actively work on an issue in an effort to influence public policy. Another function of interest groups is to help educate the public. Someone concerned about the environment may not need to know what an acceptable level of sulfur dioxide is in the air, but by joining an environmental interest group, he or she can remain informed when air quality is poor or threatened by legislative action. A number of education- related interests have been very active following cuts to education spending in many states, including North Carolina, Mississippi, and Wisconsin, to name a few. Interest groups also help frame issues, usually in a way that best benefits their cause. Abortion rights advocates often use the term “pro-choice” to frame abortion as an individual’s private choice to be made free of government interference, while an anti-abortion group might use the term “pro-life” to frame its position as protecting the life of the unborn. “Pro-life” groups often label their opponents as “pro- abortion,” rather than “pro-choice,” a distinction that can affect the way the public perceives the issue. Similarly, scientists and others who believe that human activity has had a negative effect on the earth’s temperature and weather patterns attribute such phenomena as the increasing frequency and severity of storms to “climate change.” Industrialists and their supporters refer to alterations in the earth’s climate as “global warming.” Those who dispute that such a change is taking place can thus point to blizzards and low temperatures as evidence that the earth is not becoming warmer. Interest groups also try to get issues on the government agenda and to monitor a variety of government programs. Following the passage of the ACA, numerous interest groups have been monitoring the implementation of the law, hoping to use successes and failures to justify their positions for and against the legislation. Those opposed have utilized the court system to try to alter or eliminate the law, or have lobbied executive agencies or departments that have a role in the law’s implementation. Similarly, teachers’ unions, parent-teacher organizations, and other education-related interests have monitored implementation of the No Child Left Behind Act promoted and signed into law by President George W. Bush.

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 10 | Interest Groups and Lobbying 381

Milestone

Interest Groups as a Response to Riots The LGBT (lesbian, gay, bisexual, and transgender) movement owes a great deal to the gay rights movement of the 1960s and 1970s, and in particular to the 1969 riots at the Stonewall Inn in New York’s Greenwich Village. These were a series of violent responses to a police raid on the bar, a popular gathering place for members of the LGBT community. The riots culminated in a number of arrests but also raised awareness of the struggles faced by members of the gay and lesbian community.29 The Stonewall Inn has recently been granted landmark status by New York City’s Landmarks Preservation Commission (Figure 10.9).

Figure 10.9 The Stonewall Inn in New York City’s Greenwich Village was the site of arrests and riots in 1969 that, like the building itself, became an important landmark in the LGBT movement. (credit: Steven Damron)

The Castro district in San Francisco, California, was also home to a significant LGBT community during the same time period. In 1978, the community was shocked when Harvey Milk, a gay local activist and sitting member of San Francisco’s Board of Supervisors, was assassinated by a former city supervisor due to political differences.30 This resulted in protests in San Francisco and other cities across the country and the mobilization of interests concerned about gay and lesbian rights. Today, advocacy interest organizations like Human Rights Watch and the Human Rights Council are at the forefront in supporting members of the LGBT community and popularizing a number of relevant issues. They played an active role in the effort to legalize same-sex marriage in individual states and later nationwide. Now that same-sex marriage is legal, these organizations and others are dealing with issues related to continuing discrimination against members of this community. One current debate centers around whether an individual’s religious freedom allows him or her to deny services to members of the LGBT community. What do you feel are lingering issues for the LGBT community? What approaches could you take to help increase attention and support for gay and lesbian rights? Do you think someone’s religious beliefs should allow them the freedom to discriminate against members of the LGBT community? Why or why not?

TRENDS IN PUBLIC INTEREST GROUP FORMATION AND ACTIVITY A number of changes in interest groups have taken place over the last three or four decades in the United States. The most significant change is the tremendous increase in both the number and type of groups.31 Political scientists often examine the diversity of registered groups, in part to determine how well they reflect the variety of interests in society. Some areas may be dominated by certain industries, while others may reflect a multitude of interests. Some interests appear to have increased at greater rates than others. For example, the number of institutions and corporate interests has increased both in Washington and in the states. Telecommunication companies like Verizon and AT&T will lobby Congress for laws beneficial 382 Chapter 10 | Interest Groups and Lobbying

to their businesses, but they also target the states because state legislatures make laws that can benefit or harm their activities. There has also been an increase in the number of public interest groups that represent the public as opposed to economic interests. U.S. PIRG is a public interest group that represents the public on issues including public health, the environment, and consumer protection.32

Get Connected!

Public Interest Research Groups Public interest research groups (PIRGs) have increased in recent years, and many now exist nationally and at the state level. PIRGs represent the public in a multitude of issue areas, ranging from consumer protection to the environment, and like other interests, they provide opportunities for people to make a difference in the political process. PIRGs try to promote the common or public good, and most issues they favor affect many or even all citizens. Student PIRGs focus on issues that are important to students, including tuition costs, textbook costs, new voter registration, sustainable universities, and homelessness. Consider the cost of a college education. You may want to research how education costs have increased over time. Are cost increases similar across universities and colleges? Are they similar across states? What might explain similarities and differences in tuition costs? What solutions might help address the rising costs of higher education? How can you get involved in the drive for affordable college education? Consider why students might become engaged in it and why they might not do so. A number of countries have made tuition free or nearly free.33 Is this feasible or desirable in the United States? Why or why not?

Link to Learning

Take a look at the website (https://openstaxcollege.org/l/29studPIRGS) for Student PIRGs. What issues does this interest group address? Are these issues important to you? How can you get involved? Visit this section of their site (https://openstaxcollege.org/l/29studPIRGSfin) to learn more about their position on financing higher education.

What are the reasons for the increase in the number of interest groups? In some cases, it simply reflects new interests in society. Forty years ago, stem cell research was not an issue on the government agenda, but as science and technology advanced, its techniques and possibilities became known to the media and the public, and a number of interests began lobbying for and against this type of research. Medical research firms and medical associations will lobby in favor of greater spending and increased research on stem cell research, while some religious organizations and anti-abortion groups will oppose it. As societal attitudes change and new issues develop, and as the public becomes aware of them, we can expect to see the rise of interests addressing them. The devolution of power also explains some of the increase in the number and type of interests, at least at the state level. As power and responsibility shifted to state governments in the 1980s, the states began to handle responsibilities that had been under the jurisdiction of the federal government. A number of federal welfare programs, for example, are generally administered at the state level. This means interests might be better served targeting their lobbying efforts in Albany, Raleigh, Austin, or Sacramento, rather than only in Washington, DC. As the states have become more active in more policy areas, they have become prime targets for interests wanting to influence policy in their favor.34 We have also seen increased specialization by some interests and even fragmentation of existing interests. While the American Medical Association may take a stand on stem cell research, the issue is not critical

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 10 | Interest Groups and Lobbying 383 to the everyday activities of many of its members. On the other hand, stem cell research is highly salient to members of the American Neurological Association, an interest organization that represents academic neurologists and neuroscientists. Accordingly, different interests represent the more specialized needs of different specialties within the medical community, but fragmentation can occur when a large interest like this has diverging needs. Such was also the case when several unions split from the AFL-CIO (American Federation of Labor-Congress of Industrial Organizations), the nation’s largest federation of unions, in 2005.35 Improved technology and the development of social media have made it easier for smaller groups to form and to attract and communicate with members. The use of the Internet to raise money has also made it possible for even small groups to receive funding. None of this suggests that an unlimited number of interests can exist in society. The size of the economy has a bearing on the number of interests, but only up to a certain point, after which the number increases at a declining rate. As we will see below, the limit on the number of interests depends on the available resources and levels of competition. Over the last few decades, we have also witnessed an increase in professionalization in lobbying and in the sophistication of lobbying techniques. This was not always the case, because lobbying was not considered a serious profession in the mid-twentieth century. Over the past three decades, there has been an increase in the number of contract lobbying firms. These firms are often effective because they bring significant resources to the table, their lobbyists are knowledgeable about the issues on which they lobby, and they may have existing relationships with lawmakers. In fact, relationships between lobbyists and legislators are often ongoing, and these are critical if lobbyists want access to lawmakers. However, not every interest can afford to hire high-priced contract lobbyists to represent it. As Table 10.1 suggests, a great deal of money is spent on lobbying activities.

Top Lobbying Firms in 2014 Lobbying Firm Total Lobbying Annual Income

Akin, Gump et al. $35,550,000

Squire Patton Boggs $31,540,000

Podesta Group $25,070,000

Brownstein, Hyatt et al. $23,400,000

Van Scoyoc Assoc. $21,420,000

Holland & Knight $19,250,000

Capitol Counsel $17,930,000

K&L Gates $17,420,000

Williams & Jensen $16,430,000

BGR Group $15,470,000

Peck Madigan Jones $13,395,000

Cornerstone Government Affairs $13,380,000

Ernst & Young $12,440,000

Hogan Lovells $12,410,000

Capitol Tax Partners $12,390,000

Table 10.1 This table lists the top twenty U.S. lobbying firms in 2014 as determined by total lobbying income.36 384 Chapter 10 | Interest Groups and Lobbying

Top Lobbying Firms in 2014 Lobbying Firm Total Lobbying Annual Income

Cassidy & Assoc. $12,090,000

Fierce, Isakowitz & Blalock $11,970,000

Covington & Burling $11,537,000

Mehlman, Castagnetti et al. $11,180,000

Alpine Group $10,950,00

Table 10.1 This table lists the top twenty U.S. lobbying firms in 2014 as determined by total lobbying income.36

We have also seen greater limits on inside lobbying activities. In the past, many lobbyists were described as “good ol’ boys” who often provided gifts or other favors in exchange for political access or other considerations. Today, restrictions limit the types of gifts and benefits lobbyists can bestow on lawmakers. There are certainly fewer “good ol’ boy” lobbyists, and many lobbyists are now full-time professionals. The regulation of lobbying is addressed in greater detail below.

HOW REPRESENTATIVE IS THE INTEREST GROUP SYSTEM? Participation in the United States has never been equal; wealth and education, components of socioeconomic status, are strong predictors of political engagement.37 We already discussed how wealth can help overcome collective action problems, but lack of wealth also serves as a barrier to participation more generally. These types of barriers pose challenges, making it less likely for some groups than others to participate.38 Some institutions, including large corporations, are more likely to participate in the political process than others, simply because they have tremendous resources. And with these resources, they can write a check to a political campaign or hire a lobbyist to represent their organization. Writing a check and hiring a lobbyist are unlikely options for a disadvantaged group (Figure 10.10).

Figure 10.10 A protestor at an Occupy Times Square rally in October 2011. (credit: Geoff Stearns)

Individually, the poor may not have the same opportunities to join groups.39 They may work two jobs to make ends meet and lack the free time necessary to participate in politics. Further, there are often financial barriers to participation. For someone who punches a time-clock, spending time with political groups may be costly and paying dues may be a hardship. Certainly, the poor are unable to hire expensive lobbying firms to represent them. Structural barriers like voter identification laws may also disproportionately affect

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people with low socioeconomic status, although the effects of these laws may not be fully understood for some time. The poor may also have low levels of efficacy, which refers to the conviction that you can make a difference or that government cares about you and your views. People with low levels of efficacy are less likely to participate in politics, including voting and joining interest groups. Therefore, they are often underrepresented in the political arena. Minorities may also participate less often than the majority population, although when we control for wealth and education levels, we see fewer differences in participation rates. Still, there is a bias in participation and representation, and this bias extends to interest groups as well. For example, when fast food workers across the United States went on strike to demand an increase in their wages, they could do little more than take to the streets bearing signs, like the protestors shown in Figure 10.11. Their opponents, the owners of restaurant chains and others who pay their employees minimum wage, could hire groups such as the Employment Policies Institute, which paid for billboard ads in Times Square in New York City. The billboards implied that raising the minimum wage was an insult to people who worked hard and discouraged people from getting an education to better their lives.40

Figure 10.11 Unlike their opponents, these minimum-wage workers in Minnesota have limited ways to make their interests known to government. However, they were able to increase their political efficacy by joining fast food workers in a nationwide strike on April 15, 2015, to call for a $15 per hour minimum wage and improved working conditions. (credit: “Fibonacci Blue”/Flickr)

Finally, people do not often participate because they lack the political skill to do so or believe that it is impossible to influence government actions.41 They might also lack interest or could be apathetic. Participation usually requires some knowledge of the political system, the candidates, or the issues. Younger people in particular are often cynical about government’s response to the needs of non-elites. How do these observations translate into the way different interests are represented in the political system? Some pluralist scholars like David Truman suggest that people naturally join groups and that there will be a great deal of competition for access to decision-makers.42 Scholars who subscribe to this pluralist view assume this competition among diverse interests is good for democracy. Political theorist Robert Dahl argued that “all active and legitimate groups had the potential to make themselves heard.”43 In many ways, this is an optimistic assessment of representation in the United States. However, not all scholars accept the premise that mobilization is natural and that all groups have the potential for access to decision-makers. The elite critique suggests that certain interests, typically businesses and the wealthy, are advantaged and that policies more often reflect their wishes than anyone else’s. Political scientist E. E. Schattschneider noted that “the flaw in the pluralist heaven is that the heavenly chorus sings with a strong upperclass accent.”44 A number of scholars have suggested that businesses and other wealthy interests are often overrepresented before government, and that poorer 386 Chapter 10 | Interest Groups and Lobbying

interests are at a comparative disadvantage.45 For example, as we’ve seen, wealthy corporate interests have the means to hire in-house lobbyists or high-priced contract lobbyists to represent them. They can also afford to make financial contributions to politicians, which at least may grant them access. The ability to overcome collective action problems is not equally distributed across groups; as Mancur Olson noted, small groups and those with economic advantages were better off in this regard.46 Disadvantaged interests face many challenges including shortages of resources, time, and skills. A study of almost eighteen hundred policy decisions made over a twenty-year period revealed that the interests of the wealthy have much greater influence on the government than those of average citizens. The approval or disapproval of proposed policy changes by average voters had relatively little effect on whether the changes took place. When wealthy voters disapproved of a particular policy, it almost never was enacted. When wealthy voters favored a particular policy, the odds of the policy proposal’s passing increased to more than 50 percent.47 Indeed, the preferences of those in the top 10 percent of the population in terms of income had an impact fifteen times greater than those of average income. In terms of the effect of interest groups on policy, Gilens and Page found that business interest groups had twice the influence of public interest groups.48 Figure 10.12 shows contributions by interests from a variety of different sectors. We can draw a few notable observations from the table. First, large sums of money are spent by different interests. Second, many of these interests are business sectors, including the real estate sector, the insurance industry, businesses, and law firms.

Figure 10.12 The chart above shows the dollar amounts contributed from PACs, soft money (including directly from corporate and union treasuries), and individual donors to Democratic (blue) and Republican (red) federal candidates and political parties during the 2015–2016 election cycle, as reported to the Federal Election Commission.

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Interest group politics are often characterized by whether the groups have access to decision-makers and can participate in the policy-making process. The iron triangle is a hypothetical arrangement among three elements (the corners of the triangle): an interest group, a congressional committee member or chair, and an agency within the bureaucracy.49 Each element has a symbiotic relationship with the other two, and it is difficult for those outside the triangle to break into it. The congressional committee members, including the chair, rely on the interest group for campaign contributions and policy information, while the interest group needs the committee to consider laws favorable to its view. The interest group and the committee need the agency to implement the law, while the agency needs the interest group for information and the committee for funding and autonomy in implementing the law.50 An alternate explanation of the arrangement of duties carried out in a given policy area by interest groups, legislators, and agency bureaucrats is that these actors are the experts in that given policy area. Hence, perhaps they are the ones most qualified to process policy in the given area. Some view the iron triangle idea as outdated. Hugh Heclo of George Mason University has sketched a more open pattern he calls an issue network that includes a number of different interests and political actors that work together in support of a single issue or policy.51 Some interest group scholars have studied the relationship among a multitude of interest groups and political actors, including former elected officials, the way some interests form coalitions with other interests, and the way they compete for access to decision-makers.52 Some coalitions are long-standing, while others are temporary. Joining coalitions does come with a cost, because it can dilute preferences and split potential benefits that the groups attempt to accrue. Some interest groups will even align themselves with opposing interests if the alliance will achieve their goals. For example, left-leaning groups might oppose a state lottery system because it disproportionately hurts the poor (who participate in this form of gambling at higher rates), while right-leaning groups might oppose it because they view gambling as a sinful activity. These opposing groups might actually join forces in an attempt to defeat the lottery. While most scholars agree that some interests do have advantages, others have questioned the overwhelming dominance of certain interests. Additionally, neopluralist scholars argue that certainly some interests are in a privileged position, but these interests do not always get what they want.53 Instead, their influence depends on a number of factors in the political environment such as public opinion, political culture, competition for access, and the relevance of the issue. Even wealthy interests do not always win if their position is at odds with the wish of an attentive public. And if the public cares about the issue, politicians may be reluctant to defy their constituents. If a prominent manufacturing firm wants fewer regulations on environmental pollutants, and environmental protection is a salient issue to the public, the manufacturing firm may not win in every exchange, despite its resource advantage. We also know that when interests mobilize, opposing interests often counter-mobilize, which can reduce advantages of some interests. Thus, the conclusion that businesses, the wealthy, and elites win in every situation is overstated.54 A good example is the recent dispute between fast food chains and their employees. During the spring of 2015, workers at McDonald’s restaurants across the country went on strike and marched in protest of the low wages the fast food giant paid its employees. Despite the opposition of restaurant chains and claims by the National Restaurant Association that increasing the minimum wage would result in the loss of jobs, in September 2015, the state of New York raised the minimum wage for fast food employees to $15 per hour, an amount to be phased in over time. Buoyed by this success, fast food workers in other cities continued to campaign for a pay increase, and many low-paid workers have promised to vote for politicians who plan to boost the federal minimum wage.55 388 Chapter 10 | Interest Groups and Lobbying

Link to Learning

Visit the websites for the California (https://openstaxcollege.org/l/29callobbying) or Michigan (https://openstaxcollege.org/l/29michgovweb) secretary of state, state boards of elections, or relevant governmental entity (https://openstaxcollege.org/l/29txethics) and ethics (https://openstaxcollege.org/l/29alabethics) websites where lobbyists and interest groups must register. Several examples are provided but feel free to examine the comparable web page in your own state. Spend some time looking over the lists of interest groups registered in these states. Do the registered interests appear to reflect the important interests within the states? Are there patterns in the types of interests registered? Are certain interests over- or underrepresented?

10.4 Pathways of Interest Group Influence

Learning Objectives By the end of this section, you will be able to: • Describe how interest groups influence the government through elections • Explain how interest groups influence the government through the governance processes

Many people criticize the huge amounts of money spent in politics. Some argue that interest groups have too much influence on who wins elections, while others suggest influence is also problematic when interests try to sway politicians in office. There is little doubt that interest groups often try to achieve their objectives by influencing elections and politicians, but discovering whether they have succeeded in changing minds is actually challenging because they tend to support those who already agree with them.

INFLUENCE IN ELECTIONS Interest groups support candidates who are sympathetic to their views in hopes of gaining access to them once they are in office.56 For example, an organization like the NRA will back candidates who support Second Amendment rights. Both the NRA and the Brady Campaign to Prevent Gun Violence (an interest group that favors background checks for firearm purchases) have grading systems that evaluate candidates and states based on their records of supporting these organizations.57 To garner the support of the NRA, candidates must receive an A+ rating for the group. In much the same way, Americans for Democratic Action, a liberal interest group, and the American Conservative Union, a conservative interest group, both rate politicians based on their voting records on issues these organizations view as important.58 These ratings, and those of many other groups, are useful for interests and the public in deciding which candidates to support and which to oppose. Incumbents have electoral advantages in terms of name recognition, experience, and fundraising abilities, and they often receive support because interest groups want access to the candidate who is likely to win. Some interest groups will offer support to the challenger, particularly if the challenger better aligns with the interest’s views or the incumbent is vulnerable. Sometimes, interest groups even hedge their bets and give to both major party candidates for a particular office in the hopes of having access regardless of who wins. Some interests groups form political action committees (PACs), groups that collect funds from donors and distribute them to candidates who support their issues. As Figure 10.13 makes apparent, many large corporations like Honeywell International, AT&T, and Lockheed Martin form PACs to distribute money to candidates.59 Other PACs are either politically or ideologically oriented. For example, the MoveOn.org

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PAC is a progressive group that formed following the impeachment trial of President Bill Clinton, whereas GOPAC is a Republican PAC that promotes state and local candidates of that party. PACs are limited in the amount of money that they can contribute to individual candidates or to national party organizations; they can contribute no more than $5,000 per candidate per election and no more than $15,000 a year to a national political party. Individual contributions to PACs are also limited to $5,000 a year.

Figure 10.13 Corporations and associations spend large amounts of money on elections via affiliated PACs. This chart reveals the amount donated to Democratic (blue) and Republican (red) candidates by the top ten PACs during the most recent election cycle.

PACs through which corporations and unions can spend virtually unlimited amounts of money on behalf of political candidates are called super PACs.60 As a result of a 2010 Supreme Court decision, Citizens United v. Federal Election Commission, there is no limit to how much money unions or corporations can donate to super PACs. Unlike PACs, however, super PACs cannot contribute money directly to individual candidates. If the 2014 elections were any indication, super PACs will continue to spend large sums of money in an attempt to influence future election results.

INFLUENCING GOVERNMENTAL POLICY Interest groups support candidates in order to have access to lawmakers once they are in office. Lawmakers, for their part, lack the time and resources to pursue every issue; they are policy generalists. Therefore, they (and their staff members) rely on interest groups and lobbyists to provide them with information about the technical details of policy proposals, as well as about fellow lawmakers’ stands and constituents’ perceptions. These voting cues give lawmakers an indication of how to vote on issues, particularly those with which they are unfamiliar. But lawmakers also rely on lobbyists for information about ideas they can champion and that will benefit them when they run for reelection.61 Interest groups likely cannot target all 535 lawmakers in both the House and the Senate, nor would they wish to do so. There is little reason for the Brady Campaign to Prevent Gun Violence to lobby members of Congress who vehemently oppose any restrictions on gun access. Instead, the organization will often contact lawmakers who are amenable to some restrictions on access to firearms. Thus, interest groups first target lawmakers they think will consider introducing or sponsoring legislation. Second, they target members of relevant committees.62 If a company that makes weapons systems wants to influence a defense bill, it will lobby members of the Armed Services Committees in the House 390 Chapter 10 | Interest Groups and Lobbying and the Senate or the House and Senate appropriations committees if the bill requires new funding. Many members of these committees represent congressional districts with military bases, so they often sponsor or champion bills that allow them to promote policies popular with their districts or state. Interest groups attempt to use this to their advantage. But they also conduct strategic targeting because legislatures function by respectfully considering fellow lawmakers’ positions. Since lawmakers cannot possess expertise on every issue, they defer to their trusted colleagues on issues with which they are unfamiliar. So targeting committee members also allows the lobbyist to inform other lawmakers indirectly. Third, interest groups target lawmakers when legislation is on the floor of the House and/or Senate, but again, they rely on the fact that many members will defer to their colleagues who are more familiar with a given issue. Finally, since legislation must past both chambers in identical form, interest groups may target members of the conference committees whose job it is to iron out differences across the chambers. At this negotiation stage, a 1 percent difference in, say, the corporate income tax rate could mean millions of dollars in increased or decreased revenue or taxation for various interests. Interest groups also target the budgetary process in order to maximize benefits to their group. In some cases, their aim is to influence the portion of the budget allocated to a given policy, program, or policy area. For example, interests for groups that represent the poor may lobby for additional appropriations for various welfare programs; those interests opposed to government assistance to the poor may lobby for reduced funding to certain programs. It is likely that the legislative liaison for your university or college spends time trying to advocate for budgetary allocations in your state. Interest groups also try to defeat legislation that may be detrimental to their views. For example, when Congress considers legislation to improve air quality, it is not unusual for some industries to oppose it if it requires additional regulations on factory emissions. In some cases, proposed legislation may serve as a disturbance, resulting in group formation or mobilization to help defeat the bill. For example, a proposed tax increase may result in the formation or mobilization of anti-tax groups that will lobby the legislature and try to encourage the public to oppose the proposed legislation. Prior to the election in 2012, political activist Grover Norquist, the founder of Americans for Tax Reform (ATR), asked all Republican members of Congress to sign a “Taxpayer Protection Pledge” that they would fight efforts to raise taxes or to eliminate any deductions that were not accompanied by tax cuts. Ninety-five percent of the Republicans in Congress signed the pledge.63 Some interests arise solely to defeat legislation and go dormant after they achieve their immediate objectives. Once legislation has been passed, interest groups may target the executive branch of government, whose job is to implement the law. The U.S. Department of Veterans Affairs has some leeway in providing care for military veterans, and interests representing veterans’ needs may pressure this department to address their concerns or issues. Other entities within the executive branch, like the Securities and Exchange Commission, which maintains and regulates financial markets, are not designed to be responsive to the interests they regulate, because to make such a response would be a conflict of interest. Interest groups may lobby the executive branch on executive, judicial, and other appointments that require Senate confirmation. As a result, interest group members may be appointed to positions in which they can influence proposed regulation of the industry of which they are a part. In addition to lobbying the legislative and executive branches of government, many interest groups also lobby the judicial branch. Lobbying the judiciary takes two forms, the first of which was mentioned above. This is lobbying the executive branch about judicial appointments the president makes and lobbying the Senate to confirm these appointments. The second form of lobbying consists of filing amicus briefs, which are also known as “friend of the court” briefs. These documents present legal arguments stating why a given court should take a case and/or why a court should rule a certain way. In Obergefell v. Hodges (2015), the Supreme Court case that legalized same-sex marriage nationwide, numerous interest groups filed amicus briefs.64 For example, the Human Rights Campaign, shown demonstrating in Figure 10.14, filed a brief arguing that the Fourteenth Amendment’s due process and equal protection clauses required that same-sex couples be afforded the same rights to marry as opposite-sex couples. In a 5–4 decision, the U.S. Supreme Court agreed.

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 10 | Interest Groups and Lobbying 391

Figure 10.14 Members of the Human Rights Campaign, an interest that supports LGBT rights, march toward the Supreme Court on June 26, 2015, the day that the Obergefell v. Hodges decision is announced. (credit: modification of work by Matt Popovich)

Link to Learning

The briefs submitted in Obergefell v. Hodges are available on the website (https://openstaxcollege.org/l/29scotusobvhod) of the U.S. Supreme Court. What arguments did the authors of these briefs make, other than those mentioned in this chapter, in favor of Obergefell’s position?

Measuring the effect of interest groups’ influence is somewhat difficult because lobbyists support lawmakers who would likely have supported them in the first place. Thus, National Right to Life, an anti-abortion interest group, does not generally lobby lawmakers who favor abortion rights; instead, it supports lawmakers and candidates who have professed “pro-life” positions. While some scholars note that lobbyists sometimes try to influence those on the fence or even their enemies, most of the time, they support like-minded individuals. Thus, contributions are unlikely to sway lawmakers to change their views; what they do buy is access, including time with lawmakers. The problem for those trying to assess whether interest groups influence lawmakers, then, is that we are uncertain what would happen in the absence of interest group contributions. For example, we can only speculate what the ACA might have looked like had lobbyists from a host of interests not lobbied on the issue.

Link to Learning

Examine websites for the American Conservative Union (https://openstaxcollege.org/l/29amerconuni) and Americans for Democratic Action (https://openstaxcollege.org/l/29amerdemact) that compile legislative ratings and voting records. On what issues do these organizations choose to take positions? Where do your representatives and senators rank according to these groups? Are these rankings surprising? 392 Chapter 10 | Interest Groups and Lobbying

10.5 Free Speech and the Regulation of Interest Groups

Learning Objectives By the end of this section, you will be able to: • Identify the various court cases, policies, and laws that outline what interest groups can and cannot do • Evaluate the arguments for and against whether contributions are a form of freedom of speech

How are lobbying and interest group activity regulated? As we noted earlier in the chapter, James Madison viewed factions as a necessary evil and thought preventing people from joining together would be worse than any ills groups might cause. The First Amendment guarantees, among other things, freedom of speech, petition, and assembly. However, people have different views on how far this freedom extends. For example, should freedom of speech as afforded to individuals in the U.S. Constitution also apply to corporations and unions? To what extent can and should government restrict the activities of lobbyists and lawmakers, limiting who may lobby and how they may do it?

INTEREST GROUPS AND FREE SPEECH Most people would agree that interest groups have a right under the Constitution to promote a particular point of view. What people do not necessarily agree upon, however, is the extent to which certain interest group and lobbying activities are protected under the First Amendment. In addition to free speech rights, the First Amendment grants people the right to assemble. We saw above that pluralists even argued that assembling in groups is natural and that people will gravitate toward others with similar views. Most people acknowledge the right of others to assemble to voice unpopular positions, but this was not always the case. At various times, groups representing racial and religious minorities, communists, and members of the LGBT community have had their First Amendment rights to speech and assembly curtailed. And as noted above, organizations like the ACLU support free speech rights regardless of whether the speech is popular. Today, the debate about interest groups often revolves around whether the First Amendment protects the rights of individuals and groups to give money, and whether government can regulate the use of this money. In 1971, the Federal Election Campaign Act was passed, setting limits on how much presidential and vice-presidential candidates and their families could donate to their own campaigns.65 The law also allowed corporations and unions to form PACs and required public disclosure of campaign contributions and their sources. In 1974, the act was amended in an attempt to limit the amount of money spent on congressional campaigns. The amended law banned the transfer of union, corporate, and trade association money to parties for distribution to campaigns. In Buckley v. Valeo (1976), the Supreme Court upheld Congress’s right to regulate elections by restricting contributions to campaigns and candidates. However, at the same time, it overturned restrictions on expenditures by candidates and their families, as well as total expenditures by campaigns.66 In 1979, an exemption was granted to get-out-the vote and grassroots voter registration drives, creating what has become known as the soft-money loophole; soft money was a way in which interests could spend money on behalf of candidates without being restricted by federal law. To close this loophole, Senators John McCain and Russell Feingold sponsored the Bipartisan Campaign Reform Act in 2002 to ban parties from collecting and distributing unregulated money. Some continued to argue that campaign expenditures are a form of speech, a position with which two recent Supreme Court decisions are consistent. The Citizens United v. Federal Election Commission67 and the McCutcheon v. Federal Election Commission68 cases opened the door for a substantially greater flow of money into elections. Citizens United overturned the soft money ban of the Bipartisan Campaign Reform Act

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 10 | Interest Groups and Lobbying 393

and allowed corporations and unions to spend unlimited amounts of money on elections. Essentially, the Supreme Court argued in a 5–4 decision that these entities had free speech rights, much like individuals, and that free speech included campaign spending. The McCutcheon decision further extended spending allowances based on the First Amendment by striking down aggregate contribution limits. These limits put caps on the total contributions allowed and some say have contributed to a subsequent increase in groups and lobbying activities (Figure 10.15).

Figure 10.15 With his Harper’s Weekly cartoon of William “Boss” Tweed with a moneybag for a head, Thomas Nast provided an enduring image of the corrupting power of money on politics. Some denounce “fat cat” lobbyists and the effects of large sums of money in lobbying, while others suggest that interests have every right to spend money to achieve their objectives.

Link to Learning

Read about the rights (https://openstaxcollege.org/l/29nprcorprig) that corporations share with people. Should corporations have the same rights as people? 394 Chapter 10 | Interest Groups and Lobbying

Insider Perspective

The Koch Brothers Conservative billionaires Charles and David Koch have become increasingly active in U.S. elections in recent years. These brothers run Koch Industries, a multinational corporation that manufactures and produces a number of products including paper, plastics, petroleum-based products, and chemicals. In the 2012 election, the Koch brothers and their affiliates spent nearly $400 million supporting Republican candidates. Many people have suggested that this spending helped put many Republicans in office. The Kochs and their related organizations planned to raise and spend nearly $900 million on the 2016 elections. Critics have accused them and other wealthy donors of attempting to buy elections. However, others point out that their activities are legal according to current campaign finance laws and recent Supreme Court decisions, and that these individuals, their companies, and their affiliates should be able to spend what they want politically. As you might expect, there are wealthy donors on both the political left and the right who will continue to spend money on U.S. elections. Some critics have called for a constitutional amendment restricting spending that would overturn recent Supreme Court decisions.69 Do you agree, as some have argued, that the Constitution protects the ability to donate unlimited amounts of money to political candidates as a First Amendment right? Is spending money a form of exercising free speech? If so, does a PAC have this right? Why or why not?

REGULATING LOBBYING AND INTEREST GROUP ACTIVITY While the Supreme Court has paved the way for increased spending in politics, lobbying is still regulated in many ways.70 The 1995 Lobbying Disclosure Act defined who can and cannot lobby, and requires lobbyists and interest groups to register with the federal government.71 The Honest Leadership and Open Government Act of 2007 further increased restrictions on lobbying. For example, the act prohibited contact between members of Congress and lobbyists who were the spouses of other Congress members. The laws broadened the definition of lobbyist and require detailed disclosure of spending on lobbying activity, including who is lobbied and what bills are of interest. In addition, President Obama’s Executive Order 13490 prohibited appointees in the executive branch from accepting gifts from lobbyists and banned them from participating in matters, including the drafting of any contracts or regulations, involving the appointee’s former clients or employer for a period of two years. The states also have their own registration requirements, with some defining lobbying broadly and others more narrowly. Second, the federal and state governments prohibit certain activities like providing gifts to lawmakers and compensating lobbyists with commissions for successful lobbying. Many activities are prohibited to prevent accusations of vote buying or currying favor with lawmakers. Some states, for example, have strict limits on how much money lobbyists can spend on lobbying lawmakers, or on the value of gifts lawmakers can accept from lobbyists. According to the Honest Leadership and Open Government Act, lobbyists must certify that they have not violated the law regarding gift giving, and the penalty for knowingly violating the law increased from a fine of $50,000 to one of $200,000. Also, revolving door laws also prevent lawmakers from lobbying government immediately after leaving public office. Members of the House of Representatives cannot register to lobby for a year after they leave office, while senators have a two-year “cooling off” period before they can officially lobby. Former cabinet secretaries must wait the same period of time after leaving their positions before lobbying the department of which they had been the head. These laws are designed to restrict former lawmakers from using their connections in government to give them an advantage when lobbying. Still, many former lawmakers do become lobbyists, including former Senate majority leader Trent Lott and former House minority leader Richard Gephardt. Third, governments require varying levels of disclosure about the amount of money spent on lobbying efforts. The logic here is that lawmakers will think twice about accepting money from controversial donors. The other advantage to disclosure requirements is that they promote transparency. Many have argued that

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 10 | Interest Groups and Lobbying 395 the public has a right to know where candidates get their money. Candidates may be reluctant to accept contributions from donors affiliated with unpopular interests such as hate groups. This was one of the key purposes of the Lobbying Disclosure Act and comparable laws at the state level. Finally, there are penalties for violating the law. Lobbyists and, in some cases, government officials can be fined, banned from lobbying, or even sentenced to prison. While state and federal laws spell out what activities are legal and illegal, the attorneys general and prosecutors responsible for enforcing lobbying regulations may be understaffed, have limited budgets, or face backlogs of work, making it difficult for them to investigate or prosecute alleged transgressions. While most lobbyists do comply with the law, exactly how the laws alter behavior is not completely understood. We know the laws prevent lobbyists from engaging in certain behaviors, such as by limiting campaign contributions or preventing the provision of certain gifts to lawmakers, but how they alter lobbyists’ strategies and tactics remains unclear. The need to strictly regulate the actions of lobbyists became especially relevant after the activities of lobbyist Jack Abramoff were brought to light (Figure 10.16). A prominent lobbyist with ties to many of the Republican members of Congress, Abramoff used funds provided by his clients to fund reelection campaigns, pay for trips, and hire the spouses of members of Congress. Between 1994 and 2001, Abramoff, who then worked as a lobbyist for a prominent law firm, paid for eighty-five members of Congress to travel to the Northern Mariana Islands, a U.S. territory in the Pacific. The territory’s government was a client of the firm for which he worked. At the time, Abramoff was lobbying Congress to exempt the Northern Mariana Islands from paying the federal minimum wage and to allow the territory to continue to operate sweatshops in which people worked in deplorable conditions. In 2000, while representing Native American casino interests who sought to defeat anti-gambling legislation, Abramoff paid for a trip to Scotland for Tom DeLay, the majority whip in the House of Representatives, and an aide. Shortly thereafter, DeLay helped to defeat anti-gambling legislation in the House. He also hired DeLay’s wife Christine to research the favorite charity of each member of Congress and paid her $115,000 for her efforts.72 In 2008, Jack Abramoff was sentenced to four years in prison for tax evasion, fraud, and corruption of public officials.73 He was released early, in December 2010.

Figure 10.16 Jack Abramoff (center) began his lifetime engagement in politics with his involvement in the 1980 presidential campaign of Ronald Reagan (left) while an undergraduate at Brandeis University and continued it with his election to chair of the College Republican National Committee in a campaign managed by Grover Norquist (right). Abramoff thus gained unique access to influential politicians, upon which he capitalized in his later work as a DC lobbyist. Since his release from federal prison in 2010 after being convicted for illegal lobbying activity, Abramoff has become an outspoken critic of the lobbying industry.74 396 Chapter 10 | Interest Groups and Lobbying

Key Terms

association groups of companies or institutions that organize around a common set of concerns, often within a given industry or trade

astroturf movement a political movement that resembles a grassroots movement but is often supported or facilitated by wealthy interests and/or elites

Citizens United Citizens United v. Federal Election Commission was a 2010 Supreme Court case that granted corporations and unions the right to spend unlimited amounts of money on elections

collective good a good such as public safety or clean air, often produced by government, that is generally available to the population as a whole

contract lobbyist a lobbyist who works for a contract lobbying firm that represents clients before government

disturbance theory the theory that an external event can lead to interest group mobilization

efficacy the belief that you make a difference and that government cares about you and your views

elite critique the proposition that wealthy and elite interests are advantaged over those without resources

fragmentation the result when a large interest group develops diverging needs

free rider problem the situation that occurs when some individuals receive benefits (get a free ride) without helping to bear the cost

grassroots movement a political movement that often begins from the bottom up, inspired by average citizens concerned about a given issue

in-house lobbyist an employee or executive within an organization who works as a lobbyist on behalf of the organization

inside lobbying the act of contacting and taking the organization’s message directly to lawmakers in an attempt to influence policy

iron triangle three-way relationship among congressional committees, interests groups, and the bureaucracy

issue network a group of interest groups and people who work together to support a particular issue or policy

legislative liaison a person employed by a governmental entity such as a local government, executive department, or university to represent the organization before the legislature

lobbyist a person who represents an organization before government in an attempt to influence policy

material incentives substantive monetary or physical benefits given to group members to help overcome collective action problems

membership organization an interest group that usually consists of dues-paying members who organize around a particular cause or issue

neopluralist a person who suggests that all groups’ access and influence depend on the political environment

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 10 | Interest Groups and Lobbying 397 outside lobbying the act of lobbying indirectly by taking the organization’s message to the public, often through the use of the media and/or by issue press releases, in hopes that the public will then put pressure on lawmakers particularized benefit a benefit that generally accrues to a narrow segment of society pluralist a person who believes many groups healthily compete for access to decision-makers public interest group an interest group that seeks a public good, which is something that accrues to all purposive incentives benefits to overcome collective action problems that appeal to people’s support of the issue or cause revolving door laws laws that require a cooling-off period before government officials can register to lobby after leaving office soft money money that interests can spend on behalf of candidates without being restricted by federal law solidary incentives benefits based on the concept that people like to associate with those who are similar to them voting cues sources—including fellow lawmakers, constituents, and interest groups—that lawmakers often use to help them decide how to vote, especially on unfamiliar issues

Summary

10.1 Interest Groups Defined Some interest groups represent a broad set of interests, while others focus on only a single issue. Some interests are organizations, like businesses, corporations, or governments, which register to lobby, typically to obtain some benefit from the legislature. Other interest groups consist of dues-paying members who join a group, usually voluntarily. Some organizations band together, often joining trade associations that represent their industry or field. Interest groups represent either the public interest or private interests. Private interests often lobby government for particularized benefits, which are narrowly distributed. These benefits usually accrue to wealthier members of society. Public interests, on the other hand, try to represent a broad segment of society or even all persons.

10.2 Collective Action and Interest Group Formation Interest groups often have to contend with disincentives to participate, particularly when individuals realize their participation is not critical to a group’s success. People often free ride when they can obtain benefits without contributing to the costs of obtaining these benefits. To overcome these challenges, group leaders may offer incentives to members or potential members to help them mobilize. Groups that are small, wealthy, and/or better organized are sometimes better able to overcome collective action problems. Sometimes external political, social, or economic disturbances result in interest group mobilization.

10.3 Interest Groups as Political Participation Interest groups afford people the opportunity to become more civically engaged. Socioeconomic status is an important predictor of who will likely join groups. The number and types of groups actively lobbying to get what they want from government have been increasing rapidly. Many business and public interest groups have arisen, and many new interests have developed due to technological advances, increased specialization of industry, and fragmentation of interests. Lobbying has also become more sophisticated in recent years, and many interests now hire lobbying firms to represent them. 398 Chapter 10 | Interest Groups and Lobbying

Some scholars assume that groups will compete for access to decision-makers and that most groups have the potential to be heard. Critics suggest that some groups are advantaged by their access to economic resources. Yet others acknowledge these resource advantages but suggest that the political environment is equally important in determining who gets heard.

10.4 Pathways of Interest Group Influence Interest groups support candidates sympathetic to their views in hopes of gaining access to them once they are in office. PACs and super PACs collect money from donors and distribute it to political groups that they support. Lawmakers rely on interest groups and lobbyists to provide them with information about the technical details of policy proposals, as well as about fellow lawmakers’ stands and constituents’ perceptions, for cues about how to vote on issues, particularly those with which they are unfamiliar. Lobbyists also target the executive and judiciary branches.

10.5 Free Speech and the Regulation of Interest Groups Some argue that contributing to political candidates is a form of free speech. According to this view, the First Amendment protects the right of interest groups to give money to politicians. However, others argue that monetary contributions should not be protected by the First Amendment and that corporations and unions should not be treated as individuals, although the Supreme Court has disagreed. Currently, lobbyist and interest groups are restricted by laws that require them to register with the federal government and abide by a waiting period when moving between lobbying and lawmaking positions. Interest groups and their lobbyists are also prohibited from undertaking certain activities and are required to disclose their lobbying activities. Violation of the law can, and sometimes does, result in prison sentences for lobbyists and lawmakers alike.

Review Questions

1. Someone who lobbies on behalf of a company 3. Why might several competing corporations that he or she works for as part of his or her job is join together in an association? ______. a. because there is often strength in numbers a. an in-house lobbyist b. because they often have common issues b. a volunteer lobbyist that may affect an entire industry c. a contract lobbyist c. because they can all benefit from d. a legislative liaison governmental policies d. all the above 2. How are collective goods different from private goods? 4. What benefits do private and public interests a. Collective goods offer particularized bring to society? What are some disadvantages of benefits, while private goods are broadly private and public interests? distributed. b. Collective goods and private goods both 5. What type of incentives appeal to someone’s offer particularized benefits. concern about a cause? c. Collective goods and private goods both a. solidary incentives offer broadly distributed benefits. b. purposive incentives d. Collective goods offer broadly distributed c. material incentives benefits, while private goods offer d. negative incentives particularized benefits.

This OpenStax book is available for free at http://cnx.org/content/col11995/1.13 Chapter 10 | Interest Groups and Lobbying 399

6. Which of the following is the best example of a 14. Which of the following is true of spending in solidary benefit? politics? a. joining a group to be with others like you a. The Supreme Court has yet to address the b. joining a group to obtain a monetary issue of money in politics. benefit b. The Supreme Court has restricted spending c. joining a group because you care about a on politics. cause c. The Supreme Court has opposed d. joining a group because it is a requirement restrictions on spending on politics. of your job d. The Supreme Court has ruled that corporations may spend unlimited amounts 7. What are some ways to overcome collective of money but unions may not. action problems? 15. What is a difference between a PAC and a 8. Why do some groups have an easier time super PAC? overcoming collective action problems? a. PACs can contribute directly to candidates, but super PACs cannot. 9. What changes have occurred in the lobbying b. Conservative interests favor PACs over environment over the past three or four decades? super PACs. a. There is more professional lobbying. c. Contributions to PACs are unlimited, but b. Many interests lobby both the national restrictions have been placed on how much government and the states. money can be contributed to super PACs. c. A fragmentation of interests has taken d. Super PACS are much more likely to place. support incumbent candidates than are d. all the above PACs.

10. Which of the following is an aspect of iron 16. How do interest groups lobby the judicial triangles? branch? a. fluid participation among interests b. a great deal of competition for access to 17. How do interest groups and their lobbyists decision-makers decide which lawmakers to lobby? And where do c. a symbiotic relationship among they do so? Congressional committees, executive agencies, and interest groups 18. Revolving door laws are designed to do d. three interest groups that have formed a which of the following? coalition a. prevent lawmakers from utilizing their legislative relationships by becoming 11. What does group participation provide to lobbyists immediately after leaving office citizens? b. help lawmakers find work after they leave office 12. Why don’t lower-income groups participate c. restrict lobbyists from running for public more in the interest group system? office d. all the above 13. What are some barriers to participation? 19. In what ways are lobbyists regulated? a. Certain activities are prohibited. b. Contributions must be disclosed. c. Lobbying is prohibited immediately after leaving office. d. all the above 400 Chapter 10 | Interest Groups and Lobbying

20. How might disclosure requirements affect lobbying?

Critical Thinking Questions

21. How might we get more people engaged in the interest group system?

22. Are interest groups good or bad for democracy? Defend and explain your answer.

23. Why does it matter how we define interest group?

24. How do collective action problems serve as barriers to group formation, mobilization, and maintenance? If you were a group leader, how might you try to overcome these problems?

25. Is it possible to balance the pursuit of private goods with the need to promote the public good? Is this balance a desired goal? Why or why not?

26. How representative are interest groups in the United States? Do you agree that “all active and legitimate groups have the potential to make themselves heard?” Or is this potential an illusion? Explain your answer.

27. Evaluate the Citizens United decision. Why might the Court have considered campaign contributions a form of speech? Would the Founders have agreed with this decision? Why or why not?

28. How do we regulate interest groups and lobbying activity? What are the goals of these regulations? Do you think these regulations achieve their objectives? Why or why not? If you could alter the way we regulate interest group activity and lobbying, how might you do so in a way consistent with the Constitution and recent Supreme Court decisions?

Suggestions for Further Study

Baumgartner, Frank R., and Beth L. Leech. 1998. Basic Interests: The Importance of Groups in Politics and in Political Science. Princeton, NJ: Princeton University Press. Baumgartner, Frank R., et al. 2009. Lobbying and Policy Change. Chicago: University of Chicago Press. Clark, Peter B., and James Q. Wilson, “Incentive Systems: A Theory of Organizations,” Administration Science Quarterly 6 (1961): 129–166. Dahl, Robert A. 1956. A Preface to Democratic Theory. Chicago: University of Chicago Press. ———. 1961. Who Governs? Democracy and Power in an American City. New Haven, CT: Yale University Press. Lindblom, Charles E. 1977. Politics and Markets: The World’s Political-Economic Systems. New York: Basic Books. Olson, Mancur. 1965. The Logic of Collective Action. Cambridge: Harvard University Press. Rosenstone, Steven J. and John Mark Hansen. 1993. Mobilization, Participation and Democracy in America. New York: Macmillan. Salisbury, Robert, “An Exchange Theory of Interest Groups,” Midwest Journal of Political Science 13 (1969): 1–32.

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Schattschneider, E. E. 1960. The Semisovereign People: A Realist’s View of Democracy in America. New York: Holt, Rinehart and Winston. Truman, David. 1951. The Governmental Process. New York: Alfred A. Knopf, chapter 4. Wright, John R. 1996. Interest Groups and Congress: Lobbying, Contributions, and Influence. Needham Heights, MA: Allyn and Bacon.