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Karl Frisch
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How will SCOTUS decision affect corporate media?

January 26, 2010 11:33 am ET

In 2004, the United Church of Christ produced a television commercial promoting its inclusive approach to organized faith. The ad showed two nightclub-style bouncers guarding the rope line of a church as they denied entry to a gay male couple, several people of color, and a man in a wheelchair. By contrast, a white family of four had no problems getting through.

"Jesus didn't turn people away" was the ad's tagline, but CBS did, turning down the commercial which was intended for broadcast during that year's Super Bowl. The 30-second spot apparently violated the network's policy of "prohibiting advocacy ads, even ones that carry an 'implicit' endorsement for a side in a public debate."

Now, six years later, CBS has agreed to run an ad by the notoriously anti-reproductive rights, anti-gay organization Focus on the Family, featuring college football star and anti-choice crusader Tim Tebow.

The network's blatantly hypocritical decision has sparked intense controversy and brought new light to the shadowy world of corporate media policy governing political or issue-advocacy commercials.

These cable and broadcast outlets seem to make the argument that only certain entities can make certain political arguments against certain figures on certain issues during certain programs. It's difficult to follow -- and perhaps that is the point. Lack of specificity provides ample wiggle room.

We do, however, know for sure that these major networks don't respond well to criticism in the form of advertising. Last year alone, CNN rejected at least two commercials critical of its own network brass and Lou Dobbs, its former immigrant-bashing host.

Then, of course, there was Glenn Beck, who last year cost his network, Fox News, at least 80 advertisers after he called President Obama a "racist." Consequently, after filling the newly available ad time with commercials more commonly seen during a 2 a.m. rerun of Golden Girls, the conservative network was forced to respond to controversy surrounding Beck's promotion of gold investments on his program while he was also serving as a spokesman for gold investment companies that advertised during his broadcasts.

The murky subject of who can and cannot advertise could be further complicated by a recent Supreme Court decision on corporate political speech.

Last week in Citizens United v. Federal Elections Commission, the highest court in the land rejected long-established precedent, sending shockwaves throughout the political landscape when it ruled that corporations should be able to spend freely supporting or opposing candidates for office.

Corporations already run thinly veiled political advertisements designed to protect their bottom line. These ads abound, particularly on the major cable news networks and the all-important Sunday morning network political chat shows. To name but a few, big oil companies like Exxon brag about how great they are for the environment while Wal-Mart tells anyone who will listen that they really do treat their employees well. These ads, without a hint of irony, serve one purpose: sway public opinion on issues sensitive to their corporate interests in Washington and elsewhere.

How the Supreme Court's decision will affect the corporate media's policy governing corporate political advocacy remains unclear, which is precisely why I contacted the major cable and broadcast networks -- ABC, CBS, NBC/MSNBC, CNN, and Fox News -- with a few simple questions. First, will the networks announce clear policies for corporate political advertising? Second, and of equal if not greater importance, do the networks' corporate parent companies plan on taking advantage of the high court's decision by spending money for and against candidates for office?

It is no longer out of the realm of possibilities that we could one day see News Corp., Fox News' parent company, spending mountains of cash against a candidate it opposes, say President Obama in 2012, for example.

Only CNN responded to my request for comment, saying that the network is still "reviewing" the court's decision and that it was "too early" to determine the impact it may have on its advertising guidelines.

The media love to talk about transparency and accountability when it comes to politicians and the government -- they should, it's an important subject. They, too, have an obligation of transparency to the American people.

It is long past time these powerful corporate media institutions make their policies surrounding political and issue-advocacy ads readily available, publicly transparent, clear, and, most importantly, consistent.

Karl Frisch is a senior fellow at Media Matters for America, a progressive media watchdog, research, and information center based in Washington, D.C. Frisch also contributes to County Fair, a media blog featuring links to progressive media criticism from around the web as well as original commentary. You can follow him on Twitter, Facebook and YouTube or sign-up to receive his columns by email.

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    • Author by pros2pros2940 (January 26, 2010 11:57 am ET)
      6  
      Media is all about controversy and especially during campaigns as those maligned by opponents are forced to run ads to refute the lies. See : Swift Boats,etc
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      • Author by carlileb5935 (January 27, 2010 4:04 am ET)
        1 3
        I hate to say it, but there is a bit of a distinction between the two commercials.

        The original one brought in religion, which triggers all sorts of longtime censor responses. Not saying that it's right, but the two are different in content ...
        Report Abuse
        • Author by Amorypaz (January 28, 2010 11:38 am ET)
             
          Gotta say carlileb5935, your reply sounds completely made up. What evidence do you have of "longtime censor responses" to religion in advertising. What about LDS's itsaboutlove adoption campaign that ran during the Super Bowl in 2005? The church used their name quite prominently in the ad and it was, like the 2004 ad, quite tasteful. I don't know if the LDS commercial was national or if it was a regional "fill in" so the two situations could differ there. Perhaps it was because FOX was the broadcast network. I haven't seen the Tebow ad so I don't know if it is tasteful or not. On the one hand I don't believe he (Tebow) would make a distasteful ad but it is easy for me to imagine FotF doing so.
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    • Author by DellDolly (January 26, 2010 1:37 pm ET)
      10 2
      Any ad that depicts Tim Tebow's mom choosing to go against medical advice in refusing to have an abortion is an advocacy ad for rejecting abortion as a viable option. It clearly violates CBS's stated policy.

      I think that the SCOTUS decision can only hurt our nation, and won't improve our nation in any way whatsoever.
      Report Abuse
      • Author by historygeek001 (January 26, 2010 5:31 pm ET)
        3  
        I think you're absolutely right about the SCOTUS decision. It's opened the door to all kinds of malfeasance.
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    • Author by Who? What? When? Where? Why? How? (January 26, 2010 2:14 pm ET)
      6  
      Corporations already run thinly veiled political advertisements designed to protect their bottom line. These ads abound, particularly on the major cable news networks and the all-important Sunday morning network political chat shows. To name but a few, big oil companies like Exxon brag about how great they are for the environment while Wal-Mart tells anyone who will listen that they really do treat their employees well. These ads, without a hint of irony, serve one purpose: sway public opinion on issues sensitive to their corporate interests in Washington and elsewhere.



      interesting column...just one quibble...i would say there are two reasons instead of just the one given for why big businesses buy ads on political commentary shows...they are bribing the shows to take it easy on them on issues which imact them...the commercials are unlikely to sway the publics opinion about them much in my view
      Report Abuse
    • Author by seahawks123 (January 26, 2010 3:40 pm ET)
      2 1
      Well. This ruleing helps keep CNN, MSNBC, and the major 3 networks along from the Unions from having the sole voice when it comes to voicing their opinions close to an election.
      Report Abuse
      • Author by seahawks123 (January 26, 2010 3:40 pm ET)
        4  
        "Congress shall make no law abridgeing the freedom of speech"
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        • Author by Johaely (January 26, 2010 5:29 pm ET)
             
          But what you are not remebering is that the law applies to individuals. Corporations are not individuals, but associations.
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        • Author by donwelty (January 26, 2010 6:05 pm ET)
          2  
          Free speech by people is one thing that is different from speech by companies selling products, which is view more narrowly. People selling thing have been known to stretch the truth and lie about the products they sell.
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          • Author by Johaely (January 26, 2010 10:03 pm ET)
            1  
            when you ptu it that way, now i feel that eventually things like food label laws and the FDA may disapear because of this court decision.
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        • Author by Timmee (January 27, 2010 12:33 am ET)
          2  
          Money is not speech.
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          • Author by rollandhand (January 27, 2010 11:06 am ET)
            4  
            Our government is of the money, by the money, and for the money.
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            • Author by blk-in-alabam (January 28, 2010 6:41 pm ET)
                 
              And the justice system is innocent until broke.Guilty if you are already broke
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    • Author by jasonabdon (January 27, 2010 12:24 am ET)
      2  
      It's time to impeach five justices. I will take this statement back if I can hear corporation speak. Not a spokeperson but, a corporation itself has to speak. This should settle any question that the corporation has first amendment rights. "Quis idiots."
      Report Abuse
      • Author by eweston8542983 (January 27, 2010 10:00 pm ET)
        1  
        A number, 42 or 52, did speak out against it and called for public campaign financing. They're not all evil, though many would answer to that description.

        Predatory capitalists, some not citizens, though their corporation somehow is, are even now figuring out how best to exploit this gimme by those five justices.
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    • Author by gamphd2081 (January 27, 2010 1:45 am ET)
      3  
      Just remember, there's no SC in fascism. Oh, wait ...
      Report Abuse
    • Author by jrsymom (January 27, 2010 8:38 am ET)
      1  
      The Supreme Court has allowed Big Business to express opinion or preference as fact. No only US money will be used to sway voters, but foreign money. Remember, our corporations are not all American owned. Plenty of foreign interest is involved.
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    • Author by hamroad (January 27, 2010 9:09 am ET)
      2 1
      Face it. We're standing at the edge of the abyss, peering over into a deep, dark, unknown. This is a fearsome thing and rightly so. SCOTUS' decision was created with malice and ill will for all voting citizens born with the unfortunate malady of existing as human beings. Now these corporate, super-beings; as created in the image of five, right-wing, malevolent, corporatist, Supreme-jurors; will make all of their rules up as they go and all to their own benefit. Not just corporate policies, but national policy. Is it not, afterall, the "right" of all "persons" to defend, indeed to promote, themselves and their general welfare, life, liberty and pursuit of happiness? "Inconsistent policies be damned," these newly minted super-corporate-beings might as well say: "we are the ones in charge here." Face it. We have yet to experience the destructive-to-democracy effects of "policies" as yet unwritten yet apparently already imagined by those with actual power; the super-beings: CORPORATEPERSONSHOOD.
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    • Author by Indy (January 27, 2010 11:57 am ET)
      1  
      The only saving grace will be the requirement to report all donations by the corporations to the candidates and causes to the public. Patronizing only companies that you agree with politically (via disclosure websites) will be another form of voting. Now I think it will become more of an issue than it ever was before to the general public. If CEOs have the risk of losing huge percentages of customers because of their political stance I'd be very careful opening that door. More fuel to the fire of an already deeply polarized populace.
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      • Author by SMTDL (January 27, 2010 12:19 pm ET)
        1  
        You are correct that customers can choose to patronize companies they agree with..but good luck with that having any impact.You will not have many choices for gas,energy/utilities,healthcare ,etc that won't be on the same page as the companies they compete with! Maybe you can find voters interested enough to do the research to gauge the political persuasion of corporations ,but I haven't seen the American electorate having anywhere near that level of commitment to ensure they are informed with facts..Too many rather just hear sound bites and rhetoric that sounds like what they want to hear and want to believe..This decision by the SCOTUS will make it easier for that to happen and is just awful!!! The increased cost of political support will likely be passed on to consumers so salaries and bonuses stay in the stratosphere!!
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        • Author by rsinebada7366 (January 27, 2010 4:29 pm ET)
          1  
          I have never even walked into a Walmart since I read about their unfair labor practices. Locally, many businesses have been forced to close when people in a community refused shop with them
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    • Author by missliberties (January 28, 2010 10:22 am ET)
      3 1
      The Supreme Court decision will make the media rich. More money for ad time.

      We are screwed.
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    • Author by seahawks123 (January 28, 2010 5:15 pm ET)
        3
      How does George soros affecr corporate Media?
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