COMMENTARY
They did not want the state to own the means of production (socialism), and just as importantly, they did not want rIS THIS REALLY the means of production to own the state. This "separate public government" is the most precious of all the checks in NECESSARY? the American system-a neutral generic state represents the general populace. The framers of the Constitution were experientially aware of the abuses of An Open Letter to Our Colleagues unless the issue is one with which the unbridled government, but were also in the Media legislator is well familiar. cognizant that private power could ac- And any neutral observer is bound cumulate, and that the marketplace Money and political power: here is to conclude that in many cases the effect could be dominated by economic tyrants the preeminent political issue of our is more than access. Legislators do not without state sanction. An important time. Cash influence no longer occurs want to offend anyone. They are people, role of government is to represent broad- by blank envelope payoffs. With private gregarious people, who try (usually mad- er interests to assure the prerequisites of funding of insatiable political campaigns, deningly and to a fault) to achieve total a free marketplace and to intervene it doesn't have to. And campaign con- consensus-unanimous agreement be- where needed for the common good. tribution use by incumbents to preclude tween interested parties on public issues. This need for public check of private meaningful challenge has become so Add to this the fact that the critical power is necessarily most needed where successful that electoral democracy is in votes in Sacramento occur in committees private parties are most powerful and jeopardy. The statistics are stark. In where all one has to do is "take a walk" most organized-for as with government, 1986, 139 incumbents ran for reelection and not vote to kill a measure. A bill here Acton's dictum retains its validity for state and national office California. requires a majority vote not of a quorum without abridgment. The state performs All 139 were reelected. All. of the committee, but a majority of the this check by responding to the elector- More important, the average margin total membership of the committee. ate in the broadest sense, balancing the was much more than LBJ's vaunted land- Since committee meetings occur all over intensity of interest of those who may slide over Goldwater in 1964; in fact, it the Capitol and members are commonly be powerful against the interests of the was well over 2-1. Sure, part of it is required to be in more than one place at consumer, the taxpayer, future genera- gerrymandering and a political scientist any given point in time, it is relatively tions, the diffuse general public. The de will tell you the incumbent has a 10% easy not to be there to provide a vote minimis expectation: a government that natural advantage. But what we have is necessary to pass needed legislation. The cannot be bought or overly influenced far more than that. Perhaps the fact confluence of these facts with campaign by any narrow group, that considers that incumbents on the average raise contributions means that those who are matters on the merits, and is responsive more than thirty times the campaign organized in Sacramento can, at the to the broad electorate. funds as their nearest challengers has very least, stop almost any legislation Much of what the legislature is called something to do with it. In 1987, a non- they oppose. Special interests have more upon to do involves opposing the narrow election year, over $25 million was meaningful item veto power over the and short-run interests of those organ- raised for state legislative races alone, legislature than ever enjoyed by an ized around a profit stake for the benefit $24.6 million by incumbents; that's over elected governor. of these broader interests. That is its 98% for you mathematicians. That's also The extent of special interest control basic job. And it has been given awesome a quarter million dollars for each race- is difficult to overstate. It is not a ques- authority in our constitutional structure few of them seriously contested-and tion of degree; it has reached a level of to accomplish that task. For the state, election year fundraising has not even qualitative impact. Special interest con- through its legislature, is our sovereign started yet. The campaign costs of in- trol has surpassed negative control and authority: our basic repository of public cumbents, notwithstanding their impreg- approaches total determinability. power and including, lest we forget, the nability, will be more than ten times the The significance of special interest authority to impose taxes, rules of liabili- annual salary for the job. capture of the legislature is momentous ty so some of us may take by force the Who is paying? Special interests. beyond easy description. Our political property of others, and rules of behavior Not just part of it-almost all of it. system relies for its integrity on checks enforced through penal sanction. The Over 90% is raised not in the incum- and balances. The dictum of Lord state can and does tell us what we can bents' districts but in Sacramento, and Acton-"power corrupts, and absolute and cannot do with our cars, our land, almost all is in contributions of over power corrupts absolutely"-was as and our occupations, and indirectly deter- $1,000. Those organized around a profit much a cliche of truth in the eighteenth mines the basic conditions of our lives. stake in public policy now control that century as in our own, and was certainly We have reached the point where public policy. This is not to say that a basis for the imposition of those checks vested interests are well organized. Our every legislator simply calculates the by our prescient forefathers. But they world has become increasingly "horizon- campaign contribution impact of every did more than create separate judicial, talized." Those who are structured for vote-but at the very least, the contri- executive and legislative branches. They peer group organization have done so butions buy access, and anyone who has created an underlying check more im- with a vengeance. We relate more and worked in Sacramento knows what that portant even than that critical tripartite more to those in our same occupations means. The ability to meet privately and structure: they created a "political state" and less and less vertically to our make your case is usually determinative independent from private interests. patients, clients, and customers. And we
The California Regulatory Law Reporter Vol. 8, No. 3 (Summer 1988) COMMENTARY
fund powerful organizations to protect a serious supporter of democracy. The than $1 per Californian? Let's not be our interests. But the balance of advo- financing system should require some silly about "taxpayer subsidy of cam- cacy and monied organization in Sacra- private contributions to filter out those paigns." It is ironic that those who claim mento and other political locales bear who seek public finance without at least to be so concerned about taxpayer inter- little relationship to the broader interests some local support. But once that ability ests oppose even the use of voluntary of the electorate which government is to garner minimal support is demon- funds designated by taxpayers, while intended to represent. The weak, the strated, public funds should be given at often supporting tax credits for cam- future, and broad unorganizable interests a high ratio (e.g., 5-1) to match and paign contributions. are intrinsically absent from private pol- encourage small contributions from with- The three-part system of public fi- itical organization. We conducted a in the candidate's district. This makes it nance and spending and contribution survey some time ago of the lobbyists in easy for those who want to run to do so limits is not simply a model for reform. Sacramento representing broad environ- without servility to Sacramento's special It is the sine qua non to the integrity of mental or future interests in land use interests. To qualify, one should be re- our body politic. Certainly there are few policies versus those with direct eco- quired to raise $20,000 to $30,000; but issues which can ever justify a violent nomic profit stake in those policies. The once a threshold of local support is revolution. The taking up of arms in- number of lobbyists in Sacramento repre- demonstrated, it would match to stimu- volves death and tragedy beyond meas- senting the former were 3; the latter late local and small contributions. ure. But this question is one which rises were 235. The notion of "representatives" from to that pinnacled level. We fought the The imbalance in a Sacramento ad- districts has become a neglected principle British because the government imposed vocate count is also reflected in the in the legislature in lieu of a very differ- upon us was not ours. We disavowed campaign contribution levels from those ent system of legislator identification: the authority of any state not meaning- with a direct stake in state public policies the committee memberships and chair- fully reposing the consent of the gov- versus more general interests. Nor is the manships which are held, and their re- erned. It is a sad truth that we now legislature the only branch of state gov- spective attraction to special interest approach such a state; those committed ernment where this campaign finance financial campaign resources. Such a to the reform of our recently-corrupted disparity can be translated into corrupt- distortion of representative government model laudably and patiently strive for ive influence. Campaign costs and in- is the predictable outcome of escalating peaceful resolution, fully mindful that creased special interest involvement has campaign costs-which will certainly ex- we are asking those in power to change well infected the more expensive execu- ceed one-half million dollars in incum- the rules which have created their authori- tive branch elections. Of great concern, bent spending alone for each legislative ty. This they will not do. It must be even the judicial branch appears to be seat, almost all of which will come from imposed upon them. How to do so with- sliding into unseemly obligation. In Los Sacramento special interests and prac- out bloodshed is the most important Angeles County, it now costs a superior tically none of it from the local districts. political question facing this nation in court judge, who must seek reelection A public finance system is needed the last half of the twentieth century. every six years, $80,000 merely to obtain for another reason: the courts have re- The peaceful attempt to impose the his/her inclusion in a candidate's state- jected campaign spending limitations popular will recently took the form of a ment in the official sample ballot sent to unless they are linked with a system of proposition in California-Proposition voters. This is about as much as the public financing which has been agreed 68. That measure is a carefully crafted salary for the position, and has been to by the candidate. Without public attempt to accomplish each of the three increasing as a fee at a rate of more finance, limits are legally impossible. steps listed above. It even fashioned a than 20% per annum. And this is before Without limits, the campaigns escalate public finance system funded entirely the campaign starts. Where money for like a cold war arms race and campaign from voluntary taxpayer contributions judicial elections comes from the attor- fundraising becomes the continued pre- to the fund-similar to the model now neys (and indirectly their clients) who occupation of all concerned. in use for federal Presidential campaigns. appear before them, we have a problem. Those who oppose reform have played The special interests used an increasingly Where reelection is required and the on demagogic simplicity by contending popular "Trojan Horse" defense: they possibility of influence apart from the that the public would never agree to proposed a bogus Proposition 73. merits of cases affects the designedly spend its hard-earned money for the Proposition 68 was created by a group most independent branch of government, deceitful and trivial nonsense of a pol- of public-spirited businesspeople, de- we have a serious problem. itical campaign-including the funding signed by experts, and supported by What is the answer? It is not mys- of campaigns by people with whom they virtually every public interest organiza- terious. It is not subtle. It has no busi- violently disagree. What nonsense. We tion in the state: Common Cause, League ness being controversial. We must have fund highways and buildings for use by of Women Voters, PTA....the list is long, campaign finance spending limits, low people with whom we disagree all the but includes few with monied influence. enough to make campaigns doable and time. The operative question is whether Proposition 73 was proposed by three high enough to allow for a strong cam- we want those with a proprietary stake legislators and partially financed by the paign message to come through. Then in public government to control that California Medical Association. CMA we must have contribution limits on one government by financing campaigns or is one of the four largest special interests person or group giving to any one candi- whether we want to buy back our own attempting corruptive control of our date and for total political campaign legislature. The cost is trivial-well state government. After helping to fi- giving (an aggregate giving limit). Final- under one-tenth of 1% of the state bud- nance the petition drive for Proposition ly, we must have not total but substan- get. I'll pay my one-tenth of 1% to 73, it then "withdrew" its support and tial public financing of campaigns. assure that the other 99.9% is spent in helped to fund a "No on Both" cam- The public financing of campaigns my interests, not to mention the laws paign. Devious intentions are not always should not be a source of objection by enacted which bind me. What is it, less exercises in subtlety.
The California Regulatory Law Reporter Vol. 8, No. 3 (Summer 1988) COMMENTARY I
What does Proposition 73 do? Well, refuge in the comfort of trivia, honored one somewhere might be able to explain. it sounds similar to Proposition 68-on without question increasingly strange Let's consider what is going wrong purpose-except it is an exercise in the priorities, and exhibited little intellectual with our journalists-and it extends to current "big lie" manure which dom- curiosity or energy. print journalism as well. inates California's proposition campaigns. Granted, the mission of the media is Those controlling media program- Not only does it not have public financ- not the replication of our views, but the ming have a party line and it goes some- ing of campaigns-it prohibits public reflection of reality and the transmission thing like this: "we are neutral and financing. Because of this, there is no of information of some import on a objective reporters of public affairs; we spending limit-at all. All it does is scale of values a reasonable person can do not pass judgment but report the limit contributions. But it allows each defend. The media is so far away from facts and let the viewers make judg- "political [action] committee" to give even the most elementary standards of ments-always striving to present only $2,500 per fiscal year (e.g., five years of relevance that this particular struggle verifiable reality and getting all sides to such contributions from each PAC will for the soul of our political system-the a major point of contention." The media fund each state senator's campaign), and campaign for Proposition 68-well illus- party line continues: "Any challenge to then defines "political [action] commit- trates a larger and darker surrender by our discretion (even by a non-govern- tees" to include: "two or more persons" the journalists of our state. mental source) endangers 'democracy joined together who "acting in concert One can begin at the most mundane and free speech rights' and may be a make contributions to candidates." Five level. It is June 7, election night, and 'prior restraint' on the exercise of our PAC staffers sitting around a table with one reviews the election coverage in the cherished right to speak. That is, those their two secretaries can combine in vari- two largest markets of southern Cali- who criticize us are threatening our form ous ways to create how many of these fornia: the Los Angeles and San Diego of government, our society, indeed, all of little animals? Each one is limited to television stations give virtually no Western civilization as we know it today." $12,500 per Senatorial candidate; the coverage to the two critical propositions. We'll demur to this self-serving pic- collection of combinations can raise well Even in announcing the returns, they ture; it has some merit where interposed into six figures. This is not a loophole; start at Proposition 66, go to 67, and against a state attempt at censorship, it is the Grand Canyon of loopholes- although the initiatives are being an- but is irrelevant to the problem at hand. the exception has swallowed the rule. It nounced sequentially, they simply skip To wit, granting that government inter- means the proposition is worse than a 68 to display the numbers and to discuss vention is not appropriate, let's discuss meaningless fraud, because it blocks re- 69, the AIDS initiative, a silly proposal as fellow citizens how the media deter- form by prohibiting any except private by the LaRouche people easily defeated mines which facts from the panoply of (i.e., special interest) financing of cam- 2-1-but which had a vague sexual and events in our society are selected for paigns. "crazy" connotation which seems to coverage. The critical question more Even as to its details the proposition compel coverage in the television journal- often is not what is said but what subject is a cruel hoax-it purports to limit the ism world. Then on to 70, skipping past area is chosen for discussion. Media "honoraria" or outside income of poli- 73 to get to 74. This went on all night. critics like to bark that these decisions ticians, and then in its actual provisions The two most important propositions are made to "sell newspapers and pro- limits to $1,000 the payment from a present-by any value system capable of grams." Conservative media defenders "single source" as compensation for human understanding-were treated as then respond that this is a legitimate speeches "relating to the governmental totally without consequence. And on the neutral criterion since the public then process." That's it. Well, they'll never very few occasions these propositions does decide what subject areas it wants get around that. were mentioned at all, they were de- to hear about through the media market- So Proposition 73 got more votes scribed as the "campaign reform" in- place, rewarding those who comply with than Proposition 68. Why? To be sure, itiatives as if they were sister and a larger marketshare. the proponents did not see that the brother and apparently twins. There was But the problem with the media is special interests designed a campaign utterly no recognition or understanding much more complex and dangerous than not to defeat 68 so much as to suppress of what the propositions contain, much this formulation of criticism and justifi- it vis-a-vis 73 so that the latter, receiving less what they mean, what the arguments cation. The justification is itself flawed more votes, would negate the contra- are for and against them, or why they for two reasons: a lack of vigorous com- dictory provisions of 68-eviscerating it. are thought important (by, after all, vir- petition between media sources, especial- But the real culprit here is more tually every public interest and good ly on the issue of subject matter reporting; pervasive, and it is the underlying reason government organization in the state). and the critical feedback effect-the fact we are in the midst of the worst crisis in Instead, we were treated to the now that media attention to a subject area political corruption in the last 100 years popular off-the-cuff "happy talk" drivel creates viewer knowledge and then inter- of American government. The overwhelm- by people who have done little home- est, particularly if it is pervasively and ing evidence is that the real culprit is work outside their respective makeup extensively reported about. the media. rooms. It is bad enough to have media And there is a broader problem here This judgment is not made to find a journalists try to sell their programs by beyond the "they just want to sell their convenient whipping boy. It is based on showing us their families and hobbies papers/programs" critique. The real prob- a considered review of the media's per- and their swell personalities and private lem lies with the horizontalization pro- formance and trends which include and nobilities: the least they can do since cess mentioned briefly above. We have transcend its disappointing failures in they are posing as journalists, albeit increasingly become empathetic with our reporting the struggle between Proposi- with little success, is to do some scintilla occupational peers. At one time, we were tions 68 and 73. The media, both print of preparation. Perhaps their production a nation substantially of entrepreneurs; and air, have failed their own standards, directors might consider prioritizing their independent farmers and small businesses. abdicated their historical role, sought coverage along some scale of values some- We are now much more concentrated
12 The California Regulatory Law Reporter Vol. 8, No. 3 (Summer 1988) COMMENTARY
economically into a smaller number of we know we are going to die and have would be portrayed if there were a de- larger organizations-increasingly a na- to ponder it as we fall. It is covered to a fensible value system for fact selection tion of employees. A room of 200 cor- fault. It is a story. While this relatively (story choice) by our print and television porate presidents standing in one room safe means of travel is so covered, how journalists. We remember Watergate. would now represent the manufacturing are automobile accidents covered? Not Here, we had a relatively minor offense, assets of two-thirds of American industry. much-unless macabre or unusual as a trivial matter in the universe of human So as employees we have organized along auto accidents. One gets the impression importance: a political leader trespasses our peer groups and created associations. from the media, if one does not know in the domain of a rival to secrete a bug And not just a few. We relate substan- better, that air travel is extremely haz- and then tries to hide the evidence, even tially to those who share our problems ardous and auto travel is relatively safe. paying some of those who did the job horizontally, not with those with whom The opposite is far closer to the truth. for him in the hope they would not we deal vertically. Journalism is no ex- So what happens when the "man bites implicate him. The Watergate offenses ception. Journalists think somewhat dog" criteria is applied en masse? Truth were bad. But they pale very much in about the subjects of their stories, but is sacrificed-and not by happenstance. comparison to the corruption well extant they identify with their peers. They want Much more importantly, truth is by in Washington and Sacramento, and in to win the respect of their fellow journal- definition sacrificed. In the long run, many local governments. Certainly the ists. Outside the entertainment industry, and on a large scale, this criterion guaran- violation of the law by a President and is there any enterprise in America which tees-by its terms-a deceptive picture the invasion of privacy and civil liberties spends more time giving awards out to of reality-an unreality. issues raised are of import-but no more itself? To congratulating each other? Psychiatrists have a name for a system so than the buying of a vote by the The prime determinant of what is to of thought which is by its terms split off California Bankers Association, or the be included in media coverage-which from reality: it is called "psychosis". The blockage of comprehensive insurance facts to select and package as "stories"-- thrust of this journalistic formula is to reform by the insurance trade associa- rests with the influence of what we shall create, in its extreme application, a tion, or the passage of a state law allow- call the "media subculture." This sub- malady which may fairly be described as ing local governments to grant private culture has a series of criteria which mass psychosis. "Here is the world, firms monopolies for various services determines the selection of what shall be folks...for the next five years, 365 days a without any price review by anyone and presented to the American people and year, in every newspaper and magazine without competitive bidding, and so how that critical "first cut" occurs-and you read, on every radio and television forth ad nauseam. But those stories are it is this subculture which is undermining station before which you passively ab- not covered. The Watergate story was our democracy. To understand how, one sorb for six to ten hours, here is the not only covered; it was covered day must examine not its self-professed stand- world-we shall give you what it is not, after day after day after day. One publi- ards, but its operative rules. the exceptions, the unusual." Might this cation alone included over 200 stories not provide little service to the truth? on this single subject. Other media then 1. Dog biting man is not newsworthy; How can this system of communications began to adopt the subject for coverage, man biting dog is. be defended as healthy? As ethical? repeating each other's stories and vying This is a journalist's shibboleth, part In the context of Proposition 68, the for new, often minor, variations. of the catechism of the profession. One impact is momentous. Because, you see, Why did this happen in this case, of the first lessons a young reporter is the influence of campaign contributions but not in so many others? To be sure, taught is that one criterion for story has become such a serious and endemic the press will report corruption, but selection is whether or not the event is problem, has so undermined our demo- usually only when a third party makes a unusual. As one factor in an individual's cratic institutions, and has become so public "charge" or there is a formal array of criteria, it is understandable. recognized by journalists as prevalent, prosecution underway or imminent (the But what happens when 100,000 journal- that it is not unusual-it is the dog reportage of the struggle of a third party ists all operate under this premise? biting the man. Hence, it is not a story. accommodates the "war" or "conflict" What happens when such a criterion Oh, if there is some unusual twist there bias of the press described below). But substantially influences those who pro- might be a story. But the run-of-the mill with Watergate, the media-to its credit- vide most of the connection we have campaign contribution followed by a itself found the wrong. It not only found with the outside world? Oh, we see the committee vote walk-away to benefit the it-it went after it, again and again and traffic conditions, the people at work, giver is such an inbred part of the system again, and in depth, aggressively seeking and look at billboards. But what hap- that it is not reported. There are few or new slants. pens when the information which defines no stories on the subject. Yes, millions Why? There are two reasons, one our reality comes from the media? What of dollars are involved. Yes, the integrity legitimate and the other reflective of happens to one's perception of reality of the political state is at stake. Yes, another unfortunate bias of the press. when a basic criterion for selection is laws are passed and more often not The latter reason has to do with the that the information not be typical or passed which would address every human "petty irony" bias of the press (also representative of reality? If one has a problem imaginable, but that's not im- described below). It would be much less solid setting for reality, occasional man- portant. Why? Because in the name of likely to see such stories about President bites-dog stories provide some titillation "neutrality" the media has adopted a Lyndon Johnson-although his abuses and are quite innocent. But what if it very non-neutral criterion (the promo- were certainly comparable. This is be- becomes a premise for a large portion of tion of atypical reality-a journalistic cause LBJ was an ornery character, and the information we receive? anti-reality). Corruption, when it be- he was open about it. He swore like a A plane crash is relatively unusual. comes prevalent, is no longer a subject sailor. He loved to threaten and cater- It is also dramatic and triggers our for reportage in and of itself. waul. And he had a certain perspective. macabre fascination with death-when It is interesting to ponder what reality He was a gutter, no-nonsense politician
The California Regulatory Law Reporter Vol. 8, No. 3 (Summer 1988) COMMENTARY
and was straight up about it. You matters roll along. This is about one- although it is a criterion which no normal expected LBJ to play dirty, he told you .fifth the level of Watergate reporting human being would ever be able to de- he was going to play dirty, he bragged with about 100 times the human import. fend outside the confines of a deserved about playing dirty, he laughed about Why not? Tell me how the petty irony straitjacket. These bases are now "locked playing dirty. The press loved this about bias or the other biases described below in" to such an extent that our media him, but more importantly could not constitute a more defensible criteria than almost always make the same judgments. find a story because such tactics by one which would lead to these stories. Have you wondered how you can switch Johnson were not ironic, were not un- Please explain. from channel 6 to 8 to 10, whether usual, were.not news. But Nixon! Ah... I'll tell you one result. The public national or local, and see exactly the here we have a suit-wearing lawyer who would know not the antireality but the same choice of stories-often down to talks self-righteously about ethics and actual reality of their government in the exact order of presentation? (Includ- responsibility, who projects a hard line terms of its major defects. They would ing making us watch those stupid and against all lawbreakers as a conservative, receive an education in the prevalent lengthy weather reports before they get who pretends he is a dignified gentleman. defect. Political reform and public financ- to the sports.) Some of this is because The petty irony strikes-there is a con- ing of campaigns would follow from they share the same sources, but it is flict between what is sought to be pro- accurate information about this subject. more than this-and it has nothing to jected and something that has happened-' The press and media would be perform- do with a coincidental rational process hence we have a story. Little more need ing an interesting function: informing which is, 365 days a year, so precise and be involved. the people about an important problem. correct that all channels and papers The media does not rationally weigh Yes, it would involve a small value judg- arrive at the same judgment. This simi- the "petty irony" story against the events ment that decisionmaking based on larity may be falsely cited as evidence of of the day. It does not ponder whether special interest money is not a system journalistic "neutrality" to media defend- the starvation of 250,000 children that appropriate for benign acceptance, and ers. But a review of the extent of com- week might have some competing import that the failure to make public decisions monality and the nature of the choices for the attention of the American people. on the merits is itself a newsworthy made makes rather obvious the fact that (The child starvation example is men- event, regardless of whether an abuse it is a reflection of a sheep-like adoption tioned deliberately since 250,000 chil- threatening that integrity is unusual or of underlying rules of choice we describe dren do indeed die gratuitously and not-in fact, if the problem is prevalent below, buttressed by years of another horribly every week from easily-prevent- it is not less newsworthy but, for heaven's dynamic-repeating each others' story ed dehydration and easy-to-inoculate sake, more newsworthy. Is anybody subjects and cross-adopting each others' diseases. However, this tragedy is the listening out there? subject area decisions for reportage. normal circumstance, not an unusual event. It is not reported unless there is some other "hook", such as a sudden 2. A journalist should ideally be first 3. A story is worth initiating if it in- upsurge in Ethiopia or the irony of a with a "story", but must at least volves a "petty irony" (as discussed government blocking relief to its own report on the basic news subjects above), if it includes any aspect of people. Standing alone, it is not con- reported on by other journalists. the life of a celebrity, if it is sexually suggestive enough to invoke "happy sidered to be intrinsically a story.) The underlying and unstated premise talk"jocularity but not so suggestive But there is a legitimate rationale behind this second rule is critical: if as to be crude, or if it involves which could justify (at least some) atten- someone else has "broken" the story, "conflict" between contending forces tion to Watergate as a story: it involved then the subject area is primafacie cor- to accommodate the "war" terminol- a public official invading the privacy rect for a story. The problem then be- ogy of the media. and rights of the major competing politi- comes to cover the story but with a cal party and then lying to cover up the different or new "slant". This requires a truth. Hey folks-this is okay as the new event, with partial repetition of the a. "Celebrityitis" basis of a series of stories; is it really subject area but some novelty. Hence, compromising journalistic "integrity" once Paper A breaks the "story" that Aliens from deep space monitoring and neutrality to suggest that informing Candidate X has been accused by his our communications must be puzzled. people about this is legitimate? If we former wife in divorce proceedings of They detect sophisticated electronics, accept that, why is it not okay to write a refusing to pay child support, the follow- medical advances, agricultural improve- long series of stories about state govern- ing question is never asked: "Is this ments, industrial accomplishment, ment corruption, or the misery of dying significant enough to select out from all modern transportation, and must wonder children-even if the problems are not of the events of the world today (toxic how Vanna White, Madonna, Sylvester exceptions to reality, but are so serious waste dangers, automobile safety, child Stallone, Joan Collins, and the rest of and widespread they are reality? starvation, war, demagoguery, corrup- those dominating this media somehow What are we saying? How hard tion, and-heaven forbid-the good managed to accomplish all of this. Surely would it be to park two reporters in works of a small businessman or dis- earthlings focus their public discussion, Sacramento and ask them the following: coveries of a scientist)?" No, it is assumed news, even entertainment, on the substan- I want one story every three days from to qualify by virtue of its coverage by tive accomplishments of those advancing each of you outlining campaign contri- a peer. human welfare. No such luck. bution quid pro quo votes and services, A vicious circle has now been com- Somehow, the media ignores our i.e., our current corruption. We'll pub- pleted from this process. As a result of educational leaders, our great doctors, lish two stories the first week. Two other "subculture rules" described below, our innovative engineers, our business stories the second week. Two stories the the media has now created a self-defined geniuses, those who perform great works third. Believe me, they will get easier as criterion to determine what is important- of charity-anyone who is not already
The California Regulatory Law Reporter Vol. 8, No. 3 (Summer 1988) COMMENTARY
well known as an athlete or entertainer- b. Sexual Innuendo and Personal for an answer-assuming the reporter those with a relatively narrow and trivial Melodrama actually knows the answer-which is skill, or those who are simply visible but dubious. (It is amusing to see a pro- have no skill at all. Anchormen who No, we're not going to play back the grammed affectation designed to create believe their melodious reading voices holier-than-thou hypocrisy of our culture an air of conversational informality and hirsute skulls qualify them to inflict about sex. Condemn it but leer at it, become so ritualized that one waits pre- their world observations on audiences romanticize it, and then commercialize dictably for the fake question and the of several hundred thousand persons it. And here we have to confess that bumbled, evasive reply.) whenever they please; actresses who be- there is a market demand. Fine. Meet it. Barbara Walters is the paradigm ex- lieve that a laudable but relatively minor Give it to us. It would be nice if it were ample of the totally contentless inter- ability to read lines as if the words were honest, but with some of the mystery viewer. Her pattern, which has become their own, and with convincing emotion, unrevealed. It would be nicer if the the common approach through local are elevated into the fictional characters media's treatment of sex somehow dis- media news, is to isolate a particularly they portray, kind of a make-believe couraged fifteen-year-old girls who are embarrassing life moment and then ask within a make-believe. Those who leave getting pregnant by the tens of thous- the poignant question-usually to a a lasting mark on our world are ignored. ands-and the boys who are getting them celebrity-"well, when you saw your son Even within the marginally important pregnant. It would be nice if some of die before your very eyes, and I know world of popular entertainment, how the truth of something this basic about you do not want to talk about this and I much attention is paid to the person our lives were presented maturely. In- understand that, well, it must [sympa- who wrote the dialogue and created the stead, we are treated to the following thetically] have been a terrible character? Have you ever seen a "celeb- reality: I am going to feature sex as moment..... This "tell us how you feel, rity" sound anything but boring with a much as I can but I am going to pretend preferably by crying on camera so we bad script? How often have you heard we are really discussing other things so can all share maximum angst" attitude an unknown actor move you with a we can all snigger about it like a bunch accompanies the sexual innuendo bias good script? Which is more important? of insecure adolescents. And because we of the media and the press. Which is, really, all-important on the are pretending it is something we really The melodramatic/ emotional/ sexual very limited stage of theatre, movie and do not talk about directly, we will abdi- orientation of the media very much in- television fictional entertainment? Do cate any obligation to present its actual, fects news coverage; local news especially you know who wrote the last five pieces heaven forbid, consequences-what are now has routine "features" responding of entertainment you enjoyed? another hundred thousand ruined lives? to this siren call. Some of this is in- Much more to the point and beyond Actual truth would be in "bad taste." evitable and can be both entertaining the media sycophancy to entertainment, How did the media become so twisted and informative. But the media's pre- do you even know who invented the in its values that in the name of "neutral- occupation with copying each other has transistor, gentle reader? We bet not. Is ity" it defends suppression of the truth: led to such a proliferation of these kinds the recent discoveror of a superconductor rejecting even money-producing truthful of features that they too become ritual- at relatively high temperature-which and lifesaving ads for condoms or birth ized as well. They then lose an impact can shortly revolutionize our lives-now control. which may be well warranted but which a hero? Feted on talk shows? Auto- We're pretty sick of the Oprah Win- has been diluted through prevalence. It matically qualifying for news coverage, frey daily discussion of sex with eleven- is the same dilemma faced by some even down to personal dalliances? Why year-olds, or the now omnipresent pero- sailors we know whose language consists not? Because our current coterie of rations of "Mr. Obnoxious" himself, of vulgarity to such an extent that only celebrities are more interesting? Or are Geraldo Rivera. This media figure, who three adjectives and two nouns have people we should emulate? missed his calling as a heavily advertising ever been uttered. What do our friends How is the current criteria favoring plaintiff personal injury attorney, covers do when they are really upset and want celebrity coverage "neutral"? Is what we the entire wide spectrum of human ex- to swear? see really merely "responsive to con- perience: from teenage nymphomaniacs Unfortunately, the melodrama bias sumer demand"? It is interesting that who "can't get enough" to masturbation. has well intruded into the reporting of one of the few attempts which has Silly irrelevancy extends as well to public affairs. The nauseatingly over- "straight" assumed that the attention span of the news, where the mainstream covered encounter between Vice Presi- American people can exceed ten seconds, news anchorman with perfectly-matched dent Bush and Dan Rather during a which has focused on societal problem anchorwoman (heaven forbid that any recent interview does not involve who areas, discussed one subject for twenty station should do it differently) are in- said what, but how it was said, who put minutes at a time, and whose main char- creasingly preoccupied with their de the other down most effectively, and acters are usually not previously known rigeur "happy talk" repartee. This how each "came across." The media by the audience, has consistently achieved exchange of spontaneous informality- focus on these generally unimportant the highest market ratings for viewer- kind of a mutual exposure of dim wit, matters coalesces with the media's glee- ship: "60 Minutes." But this lesson is apparently designed to flatter the viewer's ful reflection of our own hypocrisy not absorbed because the media formulae self image-now consumes more time about private matters, emotional issues, (the rules discussed here) are easy to than any single topic of social or even and sexual proclivities. There are many follow, and the modus operandi of entertainment value. Why do these people examples, but if one wants an extreme repeating the stultifying but comfortable think that their ritualistic off-the-cuff example, look at Edmund Muskie. Do pattern of one's peers is difficult to resist. question to the field reporter after the you remember him? He was leading in .report Why put forth the effort to take a chance is made adds anything? We know the polls for the Democratic presidential when the ease of a story about a familiar it is not a sincere question and that the nomination in New Hampshire in 1972. name is sufficient, standing alone? program has not allocated enough time He was a strong front runner. His wife
[he California Regulatory Law Reporter Vol. 8, No. 3 (Summer 1988) I? COMMENTARY
was attacked by one of our more irre- inee... why? Because he was so senti- case of the body politic, this has occur- sponsible journalists, the late William mental as a rule he could cry at any red. It has occurred through a mechan- Loeb, editor of the major Manchester, moment. Hence, the lack of "petty ism much more dangerous than content New Hampshire paper. Mr. Loeb enjoyed irony" value (score -4 points) overcame control-it has occurred through the using it as a "bully's pulpit," carrying the "tears" rule (+4 points) in his case. adoption of "subject matter" control, inimitable ad hominem attacks on his What happened to Muskie has not with accepted rules for what is and what front pages. In defending his wife in the been much discussed. In fact, very little is not appropriate for coverage-and in snows of New Hampshire, Muskie men- of what we are discussing here about the some cases (e.g., the "tears rule') even tioned how special his wife was to him, media is ever discussed, partly because extending to content judgment. and a tear fell down his cheek. in conjunction with its power, it is a The media loves to justify its political Now what happened next was very self-proclaimed sacred cow, self-righteous- candidate/ melodrama/sexual orientation/ interesting and underlines some of our ly claiming the fabric of the constitution trivia preoccupation by citing the need points here. Because, you see, the media which it is doing its utmost to abuse. to know the candidate's "character". has a series of corollary (and really quite But it proceeded in 1972 to politically This is accompanied by yet another self- detailed) rules as to what is right and eliminate Edmund Muskie for his tear. righteous recitation of the importance what is wrong, as to what warrants cover- Think about how it happened. There of the office and the need to have per- age and what does not. Its rules are was no upheaval from the public. No- sons of integrity filling it. The word nowhere near the "neutrality" assiduous- body thought the man was unstable- "character" is broad enough to legitimize ly and disingenuously claimed. An ex- my God, he was a Maine Yankee who the absurd irrelevancy and slothful re- ample of one of the many detailed rules was and remains so stolid that he is a porting which then follows. Presumably, is that presidential candidates are not prospective cure for insomnia in human this "character" criteria does not include allowed ever to shed a tear. (They re- form. But there was a story "Muskie the bills which will be supported by this affirmed this curious mass trade judg- Cries, Questions Raised." Then there candidate, or how he or she will be ment in 1988 when Representative Pat was another article: "Campaign Advisers spending billions of dollars, or interest- Schroeder shed a tear in announcing her Concerned About Muskie's Tears." (His ingly who is paying for the campaign or decision not to run for president and in opponents, it turned out.) Then there lucrative honoraria to the candidate. We thanking those who had such trust in was another article where Muskie repeats are supposed to look at projected sin- her they were willing to sacrifice so much his defense of his wife and "Muskie cerity, family support, lack of marijuana to help her. Fortunately for her sake, Admits He Became Overly Emotional." experience in college, and sexual pref- she cried briefly while announcing her Then another story, then another. Then erences. withdrawal-more than one media these were replicated. Then a series of We have had some very special men pooh-bah made a big point about her stories began on the "effect of this tear and women of character in our nation's tears being a "major liability" or even on the election." Would it hurt him? history-and they have made a differ- "disqualifying" her for the presidency in Were the other candidates now coming ence. They include Thomas Jefferson- numerous stories (not commentaries). on? Was it a sign of emotional insta- who had a long affair (and fathered We do not know where the "tears" rule bility? It was not the content of these children) in an adulterous sexual liaison comes from; we do not believe anybody articles which hung Muskie-they were with one of his slaves; Benjamin Frank- knows. It is not rational. It is not based quite silly; it was the choice to run them lin, whose "In Praise of Older Women" on any survey. It is not based on any again and again and again, with slightly poem was not a hypothetical specula- election result. It was developed by a different slants. The message transmit- tion; John F. Kennedy; and many, many journalist and then adopted by imitative ted is that the subject area is important others. If one were to list the twenty peers from New York to Peoria. and some higher authority has verified most skilled, ethical and contributive It is especially ironic that a tear is that it is important. It is important so it political leaders in the twentieth century, cause for such condemnation, given the must be thought about. If this is all we or nineteenth, or eighteenth, and then media subculture which focuses on trying are concerned with about Muskie, then the least effective, most publicly corrupt- to elicit the same. For our part, we there must be better candidates out how would the media's current definition would have no problem with a president there-Christ, it looks as if Muskie him- of "character" play out? We believe far who occasionally sheds a tear. It would self thinks this tear is important. Well, more in the higher list would be elimin- be nice to know that the power of the the implication here is that something ated than in the lower group, for each presidency as commander-in-chief might horrible has happened. Everyone is say- century. The media knows intellectually be modulated by someone who knows ing it. that they are lying. They know it, be- extreme sympathy, even the pain of In social psychology, the "big lie" is cause in their own business there is the mourning. But the media executed Ed- defined as an untruth which creates a same duality. They know their own cri- mund Muskie. Yes, part of this occurred public perception of truth through sheer teria are really irrelevant-except in because he was the front runner, and repetition. Philosophers have long ob- cases where sexual practices, personal another corollary of those in media cov- served that we confirm basic reality by idiosyncrasies, or alcohol or drug history ering election politics is to attack a measuring how many different people affect official duties or performance. Yet runaway front runner. This makes the with different sensory equipment inde- they continue to focus subject matter election more competitive and news- pendently have the same observation. treatment on these questions with in- worthy. But it occurred mostly because Where the media is peer-connected to creasing preoccupation, comforted by of the "tears" rule. Keep in mind that such an extent that rules of selection the security of like choices by their peers. through a cultur- the "tears" rule did not cover everybody. become cross-adopted c. The Horse Race It did not, for example, apply to Hubert ally irrational process, we are on danger- Humphrey, the liberal Senator from ous ground indeed. For now we have The major bias of the press as applied Minnesota and 1968 Democratic nom- the power to manufacture reality. In the to political campaigns is to treat them
The California Regulatory Law Reporter Vol. 8, No. 3 (Summer 19M8) COMMENTARY
as contentless "races"--the subject mat- media assume that there is no interest in raised by challengers in another to show ter of most stories actually concerns the such matters, and that we must remain graphically what was happening. But simplistic and only marginally relevant interminably in a world of People they did not really cover it much. question of who is ahead, who is behind, Magazine silliness. "You don't understand," said Harvey, and who is gaining. These numerous "you must do what we did in opposing d. Conflict stories, which bizarrely dominate elec- the trial lawyers' secret deal with the tion reporting, also have their many The horse race bias is a manifestation insurance companies. We went to their detailed subrules. For example, a candi- of the perception that Americans like offices and dumped a truckload of man- date often "wins" or "loses" one of these contests-they like to bet, to take sides, ure in the yard out front. And then horse races depending upon how well to root. This same media perception of when we gathered signatures for our the candidate did in relation to how well us carries over to the campaign and to pro-consumer insurance initiative, some the media predicted he was going to do. all political coverage. The best way to of us took rifles and stood guard for the In the midst of their preoccupation with get a non-horse race story before the photographers, implying the enemy competitive status is this curious island media is to develop some form of "con- might attempt sabotage. We got great of madness where one candidate is deter- flict". An "event", a "handle". But it coverage. " mined to have "lost", because he won must be more than audiovisual; it must Well it's come to that, eh? This is only 53% of the vote and was expected be amenable to the war lingo of journal- what we have to do? How many sym- to achieve 60% at least. ism. Someone must make a "charge" or bolic publicity stunts can we think of, Some stories on this subject are inter- "attack". Someone else must "denounce" and at what point do we have to escalate esting and appropriate as a rational cri- or "warn" or, better yet, "threaten". them? And to what extent is the sub- terion for subject matter selection, but Politicians have realized that to gain stance of the issue going to be addressed, in no acceptable system of reporting entree into the media they must try to as opposed to the theatrics and propriety should it be the focus of the coverage. shoehorn what they do into this formu- of the stunt itself? And it is the focus of American cover- larized rhetoric. Hence, we must have a We have a problem and it's getting age, especially by the print media. "war" on poverty and a "war" on drugs. worse, not better. It is not one that The very non-neutral criteria of the And candidates must claim to be in the government can or should solve, but it press is that who will win is important, "front lines" and use battle terminology. is one that will ruin our body politic but what that person will do in office We were talking to our friend Harvey unless it is solved. The most important with our laws and money is not. We are, Rosenfield the other day about the fail- area of ethical education today is not of we suppose, meant to trust the "charac- ure of Proposition 68 to get coverage. politicians, but of those who make the ter" analysis of the remaining stories. My God, we moaned, not only is this critical decisions which determine what We all know about Gary Hart's adultery the most important question facing the we know about our political system: the and his fall from front runner status, electorate in the last two decades in this media. Journalistic ethics must encom- but you know something, he had a well- state, but in private conversations some pass more than a desire to "get the facts thought-out and careful program for the of the editors even admit it is important; straight"; it must include a willingness reform of military spending and substan- even some of the television news pro- to admit that deciding which facts to tially different tactics for the United grammers know it. They generally en- select from millions of possibilities in- States Navy. It is a program supported dorsed the proposition. But they have volves value judgments. And that recog- by many experts in the field. We may not really covered the underlying prob- nition means that journalists cannot hide not agree with it, but is damned import- lems, for the reasons we have discussed, behind their pretensions that such judg- ant and deserves discussion-how many and they did not really cover the propo- ments do not take place. The ethical of you even know about it? According sitions. imperative from that point is to begin to to Hart, it was one of the major reasons The problem seems to be so steeped discuss why they report what they re- he was running. How about a little about in the subculture of media coverage cri- port-what the criteria really are and these issues as well as the "horse race" teria and their feigned "neutrality" that what they should be. These decisions stories? Not interesting? It is damned the irrational rules of this culture may are of choice and should be made ration- interesting and it can be made more be the one issue more important than ally and consciously, not based upon interesting. All you have to do is invest those issues raised by Proposition 68. the cultural patterns of past mores. the same emotionalism confined to ir- For this calcified and intransigent culture Our journalists rightfully expect pol- relevancy and transfer it into an arena precludes democratic response to cure itical leaders to discuss openly their of some human consequence. Is this too basic societal wrongs. It corrupts the motivations; and it is time to demand much to ask? How about trying it for a one mechanism-knowledge to the peo- the same from them. For a large number couple of years? Do any of you journal- ple-which underlies any democratic who entered journalism out of a desire ists out there know that in the era of solution. It is particularly fatal to a to educate people in areas of import, William Jennings Bryan there were bar problem where current officeholders their work offers them a chance to leave fights over whether or not gold should benefit from democratic collapse. the world better than they found it. If remain the standard for the dollar or Harvey asked us what we did to they think about what they do, and if whether we should move to silver or promote Proposition 68. Well, we did they have the courage to make their another standard? We are the same everything we could think of: had de- own heartfelt choices about what de- species in terms of evolution today. Our bates, visited editorial boards, had press serves entry to the limited information forefathers were interested in subjects of conferences, got endorsements; we tried marketplace, their hope to contribute to taxation, issues of peace and war, and to make it easy for them-we even print- that better world may be realized. questions of government priorities and ed fake money and piled up the $24.6 spending-they went into the field to million raised by legislative incumbents die over such questions. How dare our in 1987 in one stack and the $400,000
The California Regulatory Law Reporter Vol. 8, No. 3 (Summer 1988)