A couple of weeks ago, we wrote about how the media giants who own your local commercial television and radio stations have been striking like startled rattlesnakes at an FCC proposal that would shed a light on who’s buying our elections. The proposed new rule would make it easier to find out who’s bankrolling political attack ads by posting the information online.
The stations already have the data and are required by law to make it public to anyone who asks. But you can get only it by going to the station and asking for the actual paper documents – what’s known as “the public file.” Stations don’t want to put it online because — you guessed it — that would make it too easy for you to find out who’s putting up the cash for all those ads polluting your hometown airwaves.
If approved, the new rule would require the ABC, CBS, NBC and Fox affiliates in the top 50 markets to make their files on political advertising available on line immediately. Other stations would have a two-year grace period.
In the meantime, the mighty giants of broadcasting have been fighting back. A number of senators serving the industry have spoken up against the proposal and the National Association of Broadcasters (NAB) — led by their top lobbyist and president, the frozen food millionaire and former Oregon Republican Senator Gordon Smith – have been meeting with commissioners urging them to scuttle its proposal or at least water it down until it means nothing.
As Jeffrey Rosen of The New Republic magazine wrote:
“The arguments against transparency offered by the networks show that, having experienced the windfall of advertising dollars that Citizens United unleashed, they have little interest in meeting their legal and ethical responsibility to serve the public interest.”
The FCC is scheduled to vote on their proposal on April 27, and on Monday its chairman, Julius Genachowski, walked into the lion’s den – the really nice one in Las Vegas – and addressed the NAB’s annual convention. He noted that, “Using rhetoric that one writer described as ‘teeth-gnashing’ and ‘fire-breathing,’ some in the broadcast industry have elected to position themselves against technology, against transparency, and against journalism.”
He added, “[T]he argument against moving the public file online is that required broadcaster disclosures shouldn’t be too public. But in a world where everything is going digital, why have a special exemption for broadcasters’ political disclosure obligation?”
Whatever the result on the 27th, those negative attack ads already are cluttering the airwaves like so much unsolicited junk mail and it’s only going to get much, much worse as the super PACs, political parties, the moguls and tycoons, many acting in secrecy, lavish perhaps as much as three billion dollars on local stations between now and November.
But now there’s something new in the mix, especially appalling to anyone who truly cares about public broadcasting. On April 12, by a vote of 2-1 two of three judges on the 9th U.S. Circuit Court of Appeals found in favor of KMTP, a small public station in San Francisco, and struck down the federal ban against political and issue advertising on public TV and radio. For decades there’s been a rule against turning those airwaves over to ads for political campaigns and causes. Now the court has ruled that the free speech rights of political advertisers take precedence.