Put Your Money Where Your Mouth Is: Does Money equal Speech?

Does government telling campaigns how they can raise and use money amount to censorship? Is there is a clear and direct connection between money and speech? Many say that large-scale free speech can’t happen without money, particularly in a campaign. Others contend that there is a clear distinction between money and speech. They say that it’s a stretch to link spending limits with speech limits. They do not believe that campaign finance regulations violate the constitution; to the contrary, they say, it protects the voice of the average citizen by curbing how loudly corporations and unions can shout.

These are some of the issues brought up by the June 2007 Supreme Court decision in Federal Election Commission v. Wisconsin Right to Life. The Court decided 5-4 to lift restrictions on TV ads paid for by corporations or unions. Arguments

The majority argued the First Amendment right to free speech. Chief Justice John G. Roberts, Jr., and Justices Alito, Thomas, Scalia, and Kennedy claimed that Wisconsin Right to Life (the group that brought forth the lawsuit) was airing its beliefs about an issue, less-so a candidate, and therefore had the right to its ads. Further, Scalia pointed out, groups like 527s and PACs are not regulated by the Federal Election Commission and are, therefore, able to funnel unregulated funds into advertising. The ads ran within 30 days of a primary, however, and criticized Senator Russ Feingold for blocking President Bush’s judicial nominees. The minority (Justices Ginsberg, Souter, and Stevens) felt that the commercial was clearly meant to influence a 2004 election in which Senator Feingold, who supports abortion rights for women, was running for reelection.

We all know that advertising works and that false advertising can be cleared up only after-the-fact. Further, issue ads can be used to get-out-the-votes of those who agree and cause the unsure voters to stay away from the vote at all. Should these ads be regulated or would that be hampering free speech? What does McCain-Feingold say?

The Bipartisan Campaign Reform Act of 2002 is otherwise known as the McCain-Feingold law, named after its authors John McCain and Russell Feingold (yup, the very same Feingold targeted in the Wisconsin Right to Life ads).

The law targets big money’s influence over elections. Technically, the law is an attempt to plug the loopholes in the Federal Election Campaign Act that have been revealed and exploited during the last 30 or so years of campaigns.

The McCain-Feingold law is long, complex, and took six years to generate, but one of its most controversial points is the ban on corporate, union, and special-interest sponsorship of televised campaign ads.

Under the law, groups wanting to broadcast advertisements that name federal candidates within 60 days before a general election, or 30 days before a primary, are required to follow strict rules. The law requires that donors be disclosed and contributions be capped so that wealthy groups can’t pay for advertisements without making their involvement in the process public, or unduly influence elections by pouring money into ad campaigns. Do TV ads really matter?

Politics and television are happily married. The love affair between them began over 40 years ago....

The year was 1960, Vice President Richard Nixon and Massachusetts Senator John F. Kennedy were vying for the highest office in the land. Both agreed to a debate that would be broadcast over national television - for the first time ever. Previously, debates were heard on the radio, and the power of the new visual media seemed to be understood by the Kennedy campaign alone.

Having just recovered from a leg injury, Nixon appeared sickly and pale, especially when compared with the young and tan JFK, who seemed relaxed and confident. By contrast, Nixon appeared sweaty and unappealing in a gray suit that blended with a gray background. Kennedy, wearing sharp navy blue, addressed the camera directly, so viewers felt as if he were speaking to them. However, Nixon’s gaze drifted, often towards his opponent. Nixon was an excellent public speaker, and many critics declared him the winner of the debate. But JFK clearly won the contest of appearances and, perhaps because of this, the race.

Fast forward to today

In 40 years, the creation of a candidate’s television presence has become a science and an art. Focus groups are used to test everything from the candidate’s appearance to his or her tone. And campaign ads are created just like product ads - through market analysis and the latest technology. The typical campaign ad is just 30 seconds long, but packed with visual information. In general, there are four types of campaign ads, and each type has its own visual style, along with its own purpose.

Ads do not give voters what they need to make an informed choice. They provide very little factual information and use visual and sound techniques to persuade. It’s best to watch all campaign ads with an analytical mind but seek out other resources - such as WomenMatter - to get information on the issues and parties.

But that is not to say that campaign ads are not valuable. As artifacts, they reveal the attitudes and values of mainstream culture during a particular time. Ads can also be used to measure a politician’s performance against his or her campaign promises. But don’t be fooled by the makeup, lighting, editing, and sound of any campaign ad. They are made to convince, not to inform. To inform yourself, use WomenMatter. We discuss Life Issues without the spin.

Also check out unSpun: Finding Facts in a World of Disinformation by Brooks Jackson (Author), Kathleen Hall Jamieson

What do you think?

Are the limits to ads fair? Do you think campaign ads are free speech? What about the money used to pay for them? Do you think people are greatly influenced by campaign and issue ads?

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