Did Our Public Airwaves ‘Win’ it for Walker?

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Guest blogged by Sue Wilson

Whatever questions remain about Wisconsin Governor Scott Walker’s recall election, there is no question that his campaign was built on big money, the likes of which we’ve never seen in a gubernatorial campaign before. And where did all that money go? Right into thin air – OUR air.

And as owners of the air – our public airwaves, to be precise – there is plenty we can do to combat the corrosive effect of big money on our elections, by holding our partners in broadcasting, local TV and radio stations, accountable to the communities they serve.

Citizens United, the Supreme Court ruling that the First Amendment prohibits government from restricting independent political expenditures by corporations and unions, is the reason huge amounts of money poured into the Walker camp from third parties like the billionaire Koch Brothers and others, (compared to the relatively paltry sum given to his opponent Mayor Tom Barrett by unions and others.)

As previously noted by The BRAD BLOG:

Focus will turn to the unprecedented amount of dark money raised and spent in the election, with Walker’s campaign raising at least $30.5 million (a majority of it coming from out of state) to Barrett’s $3.9 million. That, of course, is just the money raised by the two campaigns themselves. It doesn’t take into affect the extraordinary amount of money spent by outside groups on behalf of the candidates, largely in support of Walker by a reportedly outsized ratio of 25 to 1.

So the Walker recall gave us the first glimpse at how the infamous Supreme Court ruling will affect campaigns for years to come unless something changes. . There is a large and growing movement now from organizations such as Move to Amend, to amend the Constitution to help put the brakes on the unlimited spending allowed by Citizens United. Such an effort, however, will take years to accomplish, if it ever happens at all.

But what’s not being talked about is where most of this unrestricted money goes: about half of all campaign dollars go directly into your local radio and TV stations’ wallets — local broadcast stations which get licensed in the public/private partnership of broadcasting ONLY IF they “serve the public convenience, interest, and necessity.”

As to the First Amendment, the Supreme Court has also ruled, in Red Lion v. FCC that “it is the right of the viewing and listening public, and not the right of the broadcasters, which is paramount.”

Nonetheless, until Citizens United is changed or overridden in some fashion, things are only going to get worse — unless we the people do something about it now with a few, still-unused tools that remain at our disposal…

The Public Files

In the fall general election, we will see an unprecedented amount of money going into local TV stations and their giant corporate owners. Ken Goldstein, president of Kantar Media’s Campaign Media Analysis Group, estimates as much as $3.3 billion will be directed to local TV advertising this fall.

Exactly how much money went into local TV spots during the Walker recall? Well, we own the public airwaves, so all we have to do to find out is to walk into our local TV stations in Wisconsin and demand to see their political files. (This autumn, under a new rule enacted by the FCC, the top 50 TV markets will be required to post that information online for easier public access. Stations really do not wish to comply, so the National Association of Broadcasters has filed a lawsuit to prevent it from happening, and Republicans in Congress have inserted language into an appropriations bill hoping to bar the FCC from implementing it.)

But then, as now, we still will have the right to physically inspect those public files, kind of like a landlord has the right to inspect his property. (People may need to stand up to management to demand their rights, as a Media Action Center Wisconsin group did recently, as seen in this video. WTMJ TV and Radio in Milwaukee initially denied the group entrance into their building, but the station manager eventually came to his senses and allowed them access. The FCC levies heavy fines for denying the public access to TV and Radio files.)

Political files must include:

1) The name of the group sponsoring the ad
2) Its principal officers or its directors
3) Whether the request to buy time was accepted or rejected
4) If the schedule was accepted, the date and approximate time the spots will run
5) The class of time purchased
6) The rate charged
7) The name of the candidate to which the ad refers
8) After the spots have run, the exact time the spots ran

The point is, it is entirely possible that we’ll discover as many as $45 million dollars flowed into Wisconsin TV stations, during just the official 28 day Walker recall campaign period. It is clear that shareholders are making out like bandits.

But what are the we the people — who own the airwaves — getting in return? And what can we the people to do reclaim our rights as the real owners of our public airwaves?

As to what people are getting in return, not enough. TV stations could provide robust political reporting, debates, and free airtime to candidates, but are not wont to do so.

Given the billions pouring into their coffers to enrich shareholders by selling time that influences elections over our public airwaves, broadcasters could certainly do more to serve the public interest in return. Much more. But they will not — until we truly understand our rights as the owners of the radio and TV airwaves, and begin to stand up for them, one community at a time.

The Zapple Doctrine

Here’s an example of real action — with real teeth — that we the local people can take against Big Corporate Media.

On May 24th, I filed a formal complaint to the FCC through the Media Action Center against WISN and WTMJ radio, the two giant 50,000-watt Milwaukee outlets who gave Walker and the GOP roughly 160 minutes of free daily airtime (worth as much as $68,000 every day) while given virtually none to his opponent.

That, as I reported previously, violates an obscure FCC rule called the Zapple Doctrine, which says if a station gives supporters of one candidate time, they must provide supporters of the other major party candidate comparable time in the 60 days prior to an election.

The FCC is reviewing the case; the talk radio industry’s Talker’s Magazine responded to my complaint by noting, “the FCC rules on this matter may have a significant effect on the upcoming Fall national and state elections.” I see it as pitting the First Amendment Rights of We the People v. Big Corporate Media.

Now, there are unconfirmed reports in Wisconsin that TV stations there sold so many local advertising spots to the Scott Walker side, they had few left to sell to Tom Barrett and the Democrats. Again, we, the owners of the local TV airwaves, can confirm those reports by inspecting the public files of the stations. (No wonder the stations are trying to keep these files under wraps.) If true, we will be filing another complaint to the FCC for the TV stations violating Zapple.

Truth in Advertising

Back to Citizens United: there is another obscure legal concept which could provide the citizenry with a tool for change — without a Constitutional Amendment — before the 2012 general election.

It turns out that if a candidate wants to buy airtime from a TV or radio station, the station must sell the time, and it may not vet or censor the ad in any way. (So, legally, candidates may lie to public as much as they want.)

But third party ads, the ones which have been loosed by the Citizens United decision, are treated differently. Stations do not have to take those ads. If they do, and if those ads lie to the public, the stations may be held liable.

Pause and think about holding your local TV station liable for lying third party ads. I can feel the shudder running through the halls of broadcast management right about now.

Typically, it is a candidate who is being defamed in an ad that would file such a suit. That person, attorneys tell me, has the standing to file, as they are the ones being harmed by the ad.

But when ads lie to public, over our publicly owned airwaves, aren’t we the people also being damaged? Isn’t our very democracy being damaged when local broadcasters, who are licensed to broadcast only if they serve the public interest, putting giant profits ahead of making certain that the ads are factual? We should have the standing to develop a class action suit asserting our right to factual campaign information over our public airwaves. Our First Amendment rights are paramount in broadcasting, after all, at least according to the United States Supreme Court.

So stand up and exercise your rights! Set up meetings with your local radio and TV stations and demand fact checking of ads by local management. Sometimes they will respond positively. But realize that local licensees are owned by giant corporations, which often care little about service to the local community. So if they will not serve your needs, exercise your rights in any way you legally can. Send people in to do daily file inspections (which causes stations to hire extra staff), boycott their advertisers (which sends a financial chill through any station), challenge their licenses.

Bringing about parity over our public airwaves is about finding narrow targets, aiming high and true, and educating the public for their support. Our motto at Media Action Center: “Know your rights. Be empowered. Put boots on the ground. And publicize.”

What the Scott Walker recall in Wisconsin teaches us is that broadcasting is the number one benefactor of the money in politics. But broadcasters are legally supposed to be benefiting their owners, We the People. It’s time to stand up for the rights of the real owners of broadcasting – us.

* * *

Sue Wilson is a media activist, director of Public Interest Pictures’ Broadcast Blues, and a 22 year veteran of broadcast journalism. Her numerous awards include Emmy, AP, RTNDA, and PRNDI for work at CBS, PBS, FOX, and NPR. She is the editor of the media criticism blog, Sue Wilson Reports and founder of the Media Action Center.

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32 Comments on “Did Our Public Airwaves ‘Win’ it for Walker?

  1. What I do not understand is why is it perfectly legal, in fact they are encouraged and rewarded for telling flat out bald faced lies in campaign ads?

    The damage that does is incalculable.

    Personally I think every ad that gets aired that is spewing blatantly bald faced lies, the broadcast station should be fined $100 Million, the candidate $100 Million EACH time it gets aired.

  2. The only way to beat the money is to expose the source… Think smarter, think deeper, and get inside the enemy’s mind.

    Conspiracy theory #1: How to bankroll GOP elections
    Create Bush tax cuts for the upper 1 percent and give out huge tax breaks to corporations. ( Taking point “The job creators” throws everyone off the real game plan)

    Next Step: Create Citizens United.

    Next Step:
    Laundry tax breaks back to GOP, in the form of election contributions.

    This is why the GOP refuses to give up “Job creators tax breaks”. Most of the public and politicians are like deer in the headlights…

    THINK DEEPER!

  3. NamVet,

    Cause and effect. When you talk about the job creator meme, that’s the effect. The cause is the R/Wing repeat repeat repeating that over talk radio, and through lying TV ads.

    My deep thinking takes me to the broadcasters’ doorsteps.

  4. HELP!

    This story needs to be spread across Wisconsin. I may be able to get thousands of copies of it around Madison in VOICES newspaper.

    How can I contact someone about either reprinting the article in whole or summary (linking to the entire original text here or as the author desires)?

    One of the keys to our paper, very unique here, is that contributors are diverse and vary. When different people speak with clarity on a topic, it is possible to carry the message more effectively.

    Will someone follow up with me at news@madisonvoices.com regarding a request to share (crediting author and whatever Website is appropriate).

    The text here is more than 1700 words, not too long, but approaching a whole page (tabloid), so my editors may not have space for everything.

    Can someone follow up with me?

    The Walker recall forced the repug’s hand – this is the playbook that romney will operate out of.

    Perhaps it will be valuable, Brad and Mr. Cannning, to also consider featuring your work in our Madison paper. While I can write about these issues, your perspectives and voices may make a bigger impact.

    Peace and solidarity, if June 5 was a “test” of repug strategies, November is going to be a very difficult month.

  5. NamVet

    Actually, please see THIS POST. In Wisconsin, we are learning that another important source of funds for GOP may be what they can steal via rigged bids and outright theft from government agencies and charities that support widows and orphans of soldiers killed in combat.

    This is actually what the John “SCOTT WALKER” Doe probe is actually all about and, today’s friday news dump suggests that the criminality went beyond the governors office (though no definitive official statement yet).

    Please remember, the public indictments indicate that reps VOS and FITZPIG may have recieved some “walkergate” money.

    And Rancid Prebius, national party god, may have been involved too.

    Walkergate may go beyond state borders, meaning very very serious felonies.

    CAN OUR LEGAL SYSTEM HOLD THE REPUG PARTY ACCOUNTABLE IF IT IS ACTUALLY A CRIMINAL ENTERPRISE?

    Note: Sometimes “the google/blogger” will just FLASH that page and then display just a blank white brower, odd, huh?

    Remember, the DNC has dropped the hammer, publically asking “is Florida Republican Party a criminal enterprise?”

    Why won’t they talk about WI this way?

  6. The part that still perplexes me is that exit polling indicates that 37% of the union households voted for Walker.

    The reason for that is maybe what the election was really about.

    The senate races are another story, because the result there was the other way, i.e., anti-Walker.

  7. Dredd – remember, the exit polls were adjusted corrupted to match unverifiable blackbox vote counts.

    No one is talking about what was adjusted, how this was done, and why it was appropriate to assume actually surveys of people were less-accurate than unverifiable machine tallies.

    But I would not be surprised if walker did get 35+ percent of union households and about 25% of UNION MEMBERS.

    Wiconsin, despite all you hear about “Forward” and “progressive history” can, in some respects be shown to be one of the most racist states in America. I won’t provide links now, because that is not really my point.

    Point is – if you knew many of the people in certain trades (shockingly to many – educators included) an attitude of “I got mine so screw you!” is fairly common – especially across some middle-age and older white men.

    You probably don’t know this, but unions bused out-of-state folks in to protest AGAINST the anti-walker/anti-mining bill crowds that fought against one of the most environmentally dangerous bills ever introduced anywhere in America.

  8. The fact that 37 percent of union households voted for Walker says to me that yes, the public airwaves won it for Walker.

    Pay stoogewriters to twist the issue and repeat their lies enough and people will vote against their own interest. The power of repetition shouldn’t be underestimated. But it’s not just the airwaves. It’s people who get paid to comment on websites. There aren’t enough of us to answer back at them (or maybe we just don’t have time) and this makes the online conversations lopsided. One of the online tactics is to sneer as hard as possible, in a ridiculing way, at people who disagree, with lots of insinuations about being informed and blah de blah de blah blah blah.

    There aren’t enough sane people taking time to comment to battle this, and this actually sways opinions. It sways opinions at media companies, for one thing, because they don’t realize or recognize that some people posting aren’t just idle passers-by. Same for police who took online comments to mean the public didn’t support Occupy.

    It all goes back to money and its ability to rally opinion armies in many subtle and not subtle ways.

    Great article Sue Wilson I am a total fan.

  9. Madison VOICES – That itals was an open tag left open by someone up thread. I’ve since closed it. NOT your fault! 🙂

    I’ll make sure that Sue Wilson sees your request up above, re: re-running this piece in your paper. Thanks, Mad. And yes, feel free to drop me a line via email (address up on top left of every page) if you’d ever like to reprint anything of mine or Canning’s as well.

  10. Propublica is looking for citizen journalists/contributors to view and take pictures of local stations public files for political ad buys in the 2012 campaign so they can compile and publish the identities of those buyers in one place. It means going to the local TV stations to view the files and taking photos of them. Here’s the link to propublica’s site page.

    http://www.propublica.org/series/free-the-files

  11. It is truly amazing how you try to make the ridiculous point that Walker won because he outspent Barrett yet all you lefties conveniently forget that Falk (with union thug money) outspent Barrett by 7:1 margin and lost big time.

    Why let facts get in the way of your reality.

    What hypocrites

  12. Thanks brad – I watch this blog regularly, don’t pop in and post as often. I am hoping that, as a result of the fiasco last Tuesday (“free machines, corrupted exit polls, black box numbers, misuse of corrupted exit polls to determine winner…) will create a “teachable moment”.

    Your work in this area has been among the best online and you collaborate with other important sources in this area.

    We print monthly, shooting for the 15th – space in print is always an issue, but if you and Canning continue to do some of the analysis on election fraud and issues relevant to the communities we serve, building a collaborative working relationship may help carry the important messages in this thread.

  13. Discussions about why elections are ‘lost’ that don’t include the fact that the US has NO ELECTION INTEGRITY are a straw man arguments/discussions.

    The Citizens United decision and all the money being poured into politics is a legitimate concern on its face, but it also serves as a distraction to the real problem — US elections have no integrity.

    Americans vote on easily hackable electronic voting machines (to cast and / or count votes) with secret, proprietary software, owned by private partisan companies.

    On December 13th, 2004, Stephen Spoonamore gave sworn testimony at a congressional hearing in Columbus, Ohio regarding election rigging. Video @ http://www.liveleak.com/view?i=8e5_1303705066

    The question is, what are we going to do about it?

  14. greydogg

    Well said! Sadly, the dem party is just going to proclaim this is proof we all need to give them more money.

    Pretty powerful incentive not to talk about whether election outcomes are verifiable, isn’t it.

    The current framing makes this a fundraising opportunity to suck cash out of us “little folks”.

    Of course, if the election results cannot be verified and key elections always skew repug (irregularities and all), then all monies donated are actually being thrown away.

  15. greydogg @16

    You’re Stephen Spoonamore link is actually a Clint Curtis link. Different alliteration.

  16. It may be time to focus psychoanalysis on election groups.

    A new paper has psychoanalyzed an association, which is a group, or meme complex, and found it to be suffering from mania.

    Because, when you are governed by psychopaths, common economics, electioneering, and the like do not reach deep enough into the psychosis to provide a remedy for it.

  17. Of course, public airwaves won’t save Scott “John Doe” Walker if the criminality across his administration brings it all crashing down.

    I don’t want to spread rumors, but there was a VERY CURIOUS news dump last Friday.

    IS THIS PART OF THE PROBE? The only people that know are not talkin’ right now… But as you can see, according these media reports, some folks haven’t gotten their stories straight yet.

  18. who are the least inspiring, least creative, least ambitious, least motivated people in our culture? they work for the government. why would anyone want to encourage them with collective bargaining. privatize their jobs and make the jobs competitive and inspire their performance instead of rewarding sloth, indolence and arrogance.

  19. “who are the least inspiring, least creative, least ambitious, least motivated people in our culture? they work for the government. why would anyone want to encourage them with collective bargaining. privatize their jobs and make the jobs competitive and inspire their performance instead of rewarding sloth, indolence and arrogance.”

    There are plenty of hard-working people doing “government jobs.” Where do you get off making those baseless and sweeping statements smearing all those good, hard-working people? Does your blind hatred for government really burn that intensely or are you just pushing the usual GOBP propaganda?

  20. Dear Johnny,
    Inspiring, creative, ambitious, motivated people who work for the government, created 90% of the technologies you use today to complain about them. Ever use the Internet, Google Maps, GPS, GIS, Satellite Photos, sonar, State and Federal Highways? Where on earth do you think these things come from, thin air I’m guessing!

    Poor Johnny stoogewriter, cabin boy on the ship of fools, supporting ideology indulgance, arrogance, hypocrisy and criminal activity.

    (“They are an entire cruise ship of evil clowns, these current Republicans”…concernedamerican
    by Giles Goat Boy )

  21. Which are worse, Union strong hold on our nation or Corporate tax dodgers who outsource jobs overseas and Wall Street bilinear Pension robbing Banksters having a strong hold on our nation?

    Contrary to your beliefs, Union workers did not bankrupt our country… go ahead prove me wrong…

  22. Jahfre @#27, why don’t you explain to us all how the unions have a ‘stranglehold’ on the nation, Since less than 7% of US workers are in a union.

    Please explain (with links) how the unions forced Wall St and the big corporations to depress private sector middle class incomes over the last 30 years, and how unions are responsible for crashing the global economy.

    Oh, and please also explain who brought you the concepts of overtime, protection from being killed/injured on the job, paid vacation, and The Weekend. Thanks!

  23. John @ 24 slimed ignorantly:

    who are the least inspiring, least creative, least ambitious, least motivated people in our culture? they work for the government.

    Right? Those loser firefighters who ran in to the WTC to save people on 9/11, the pathetic policemen who face danger on the streets every day to keep you safe, those stupid school teachers who care for your sons and daughters — what a bunch of horrible folks!

    And how about those troops putting their lives on the line to protect your “American Values”? I’m glad to see that you hate them as well!

    Dope.

  24. Jahfre Fire Eater @ 27 uttered foolishly…

    the union stranglehold on our nation

    The “union stranglehold on our nation”? Are you insane? Or just that unbelievably misinformed? I’m fairly certain I know the answer.

  25. Dear Colorado,

    The Associated Press
    Monday, June 11, 2012 | 2:27 p.m.
    Massive wildfires in drought-parched Colorado and New Mexico tested the resources of state and federal crews Monday and underscored the need to replenish an aging U.S. aerial firefighting fleet that is needed to combat a year-round fire season.
    Wyoming diverted personnel and aircraft from two fires there to help with a 60-square-mile wildfire in northern Colorado. Canada also loaned two aerial bombers to fight the blaze following the recent crash of a U.S. tanker in Utah. And an elite federal firefighting crew arrived to try to begin containing a fire that destroyed at least 118 structures.
    All told, about 600 firefighters will be battling the fire some 15 miles west of Fort Collins by Tuesday, said incident commander Bill Hahnenberg. “We are a very high priority nationally. We can get all the resources we want and need,” he said.
    But Colorado’s House congressional delegation demanded that the U.S. Forest Service deploy more resources to the fire, which was zero percent contained and forced hundreds of people to abandon their homes. One person was missing.

    People who live in glass houses should not play with firemen, police, vets and teachers… Why would these union thugs risk their lives for those who despise them, the answer is… They are so much more humane then you!

    Be careful what you ask for, you just may get it…

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