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Geoffrey R. Stone

Geoffrey R. Stone

Posted: September 15, 2008 11:20 AM

Political Lies and American Democracy


How does a democracy deal with lies? In the last several national elections, political operatives, exemplified by the Swift Boaters in 2004, have employed a deeply cynical and highly effective strategy to distort and manipulate public discourse. This strategy poses a serious threat to the very foundations of democratic self-governance.

The core of the strategy is simple: Consultants, political spokespersons and even the candidates themselves systematically repeat a false statement about their opponent's positions, statements, or actions. The very assertion of the falsehood puts the target on the defensive. If he ignores the false accusation, it gains traction; if he disputes the lie, he dignifies it, gives it greater publicity, and sounds suspicious; if he calls the lie a lie, he comes across as accusatory and mean-spirited.

An essential element of this strategy is that the perpetrators of the lie will insist, no matter what, that the lie is true. Confronted with the facts, the perpetrators will reiterate the falsehood. The key to this strategy is the willingness to lie, and to lie repeatedly.

We saw this strategy used masterfully four years ago against John Kerry, who was eviscerated by a carefully orchestrated series of falsehoods. The same political operatives appear to be resorting to this strategy again in 2008.

How can a self-governing society defend itself against such a strategy of deliberate deceit and distortion? One approach, of course, is recourse to the courts. That is, we could rely upon the law to forbid and to punish such lies. In theory, government authorities could criminally prosecute the perpetrators of political lies for intentionally undermining the democratic process. But this "solution" is a non-starter in a democratic society. We should not empower government officials to pick and choose which allegedly false statements to prosecute. If officers of the government could wield this power, it would be readily vulnerable to partisan political abuse.

Rather, in a self-governing society, we rely upon informed public debate to sort out the good ideas from the bad, the truthful statements from the falsehoods. As Justice Oliver Wendell Holmes once wrote, a free society assumes that "the best test of truth is the power of the thought to get itself accepted in the competition" of the marketplace of ideas.

The problem, though, is that public debate may be well-suited to inviting candidates to explain their positions and enabling citizens to decide which candidate's values, policies, and qualifications they prefer, but it is not well-suited to enabling citizens to determine who is telling the truth and who is lying, when one side is determined to lie. Public debate is not like a trial. It does not have rules of evidence, opportunities to cross-examine witnesses, or methods to scrutinize documents. In the context of Holmes's marketplace of ideas, individual citizens often do not have the resources to make reasonable judgments about the truth and falsity of competing factual claims. If one side says X and the other says not-X, how is the citizen to know who is lying?

This is where the free press enters the picture. One function of a free press in a self-governing society is to serve the public's interest in learning the truth. Unlike individual citizens, the media have the resources to check facts and to separate truth from falsity in a professional and objective manner. The media can be a relatively neutral and detached referee when one side accuses the other of lying, and the capacity of the press to help resolve such factual disputes can serve as a powerful restraint on political lies.

This is precisely why those who embrace a strategy of political lying make a concerted effort to denigrate the credibility of the press. This is why at the Republican national convention, speaker after speaker vehemently attacked what Fred Thompson described as "the media big shots." If the strategy is to lie, then it is necessary to destroy the standing of the one institution with the power to exact a penalty for lying.

Moreover, two recent developments have opened the door to this strategy. First, in the 1980s, the Republicans repealed the Fairness Doctrine, which for half-a-century had required broadcasters to be fair and balanced in their political coverage. By so doing, they ushered in the Rush Limbaughization of the media, thereby undermining the political neutrality of the broadcast press. Second, the corporatization of the news media has left much of the mainstream press beholden to corporate interests and much more reluctant to speak truth to power.

This strategy of deliberate, concerted and systematic lying for partisan political advantage exploits these changes in the media and poses a serious challenge to the future of American democracy.

How does a democracy deal with lies? In the last several national elections, political operatives, exemplified by the Swift Boaters in 2004, have employed a deeply cynical and highly effective strateg...
How does a democracy deal with lies? In the last several national elections, political operatives, exemplified by the Swift Boaters in 2004, have employed a deeply cynical and highly effective strateg...
 
 
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08:29 AM on 09/16/2008
Thank u Geoffrey R Stone for yr commentary.

Uninformed voters can lead to disasterous consequences.

How can anyone expect to make an informed decision with misleading information?

Mika asked: the way a campaign is run is indicative of how one would govern. Some of your ads are questionable on the facts. How do u reconcile this disparity? (not verbatim)

Sen McCain said “check our website it says the ads are factual.†Morning Joe, 9/16/08.

Independent and non-partisan sites refute this, as do many journalist. So are they to be discounted?

Reminds me of the incorrect information that led us into the pre-emptive war in Iraq.

Sen McCain didn’t read the Iraq NIE of 10/2002. The NIE effected there is no compelling case that Iraq is currently pursuing the development of WMD.

Meet The Press:
"In hindsight, was it a good idea to go into Iraq?" McCain's reply that the invasion of Iraq "was certainly justified" because "every intelligence agency in the world, not just U.S., believed that Saddam Hussein had weapons of mass destruction."

Except the National Intelligence Estimate which was made available to all members of Congress before the vote, according to The Washington Post.

Had McCain availed himself of the information contained in the NIE, would he have voted differently?
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BARRISTER
05:17 AM on 09/16/2008
The 1980's also saw the Republicans create the Keating 5, starring John S. McCain!!!
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peterg76
Freelance medical transcriptionist
12:59 AM on 09/16/2008
"This strategy of deliberate, concerted and systematic lying for partisan political advantage exploits these changes in the media and poses a serious challenge to the future of American democracy."

No kidding. You might almost call it "The Assault on Reason" (c) 2007 Al Gore.

Don't forget biased corporate-owned media and a Supreme Court that in 2000 decided that *not* counting votes was the way to decide an election.
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Lemeritus
Been there, done that, lived to tell
11:30 AM on 09/16/2008
Worse than simply finding that "'not' counting votes was the way to decide an election", the Supreme Court ultimately so twisted the interpretation of the Equal Protection Clause as to theoretically mean that NO counting of ANY votes ANY where could pass scrutiny if contested (particularly onerous since the FL standard for a "legal vote" was and probably still is "one in which there is a clear indication of the intent of the voter'"). The only consolation, I suppose, is the Court's denial that their decision would have any precedential effect, essentially making it "good for one stolen election only".

I know we're supposed to "Get over it" -- but I can't help feeling that what was essentially a coup d'etat should have been the beginning of honest American outrage. That we fail now to challenge or even recognize lies is the utter abnegation of our duty as citizens.
07:43 PM on 09/15/2008
The MSM is a key clog in the right wing political machine. there is a non-stop conversation regarding the energized conservative base. how often does the MSK talk about the energized left wing base, the new voters, increases in democratic voter registration, mccain/palin failure with minority groups, etc., etc., etc. very little because MSM caters to the right and uses "good ole boy" signals to keep the conservative base fired-up and energized. this election and most elections is about the haves against the have-nots. using political lies and distortions, the have-nots are used to support the agenda(s) of the haves. WAKE UP PEOPLE!!!
JVene
Software Engineer, Parent, Cook & Musician
06:51 PM on 09/15/2008
I now read every post you write with great interest. This is one of your shorter and less complex posts, but with the impact and relevance I've come to expect from you.

The failure of the press results in the failure of our democracy. The hope I can hold out is that, eventually, the Internet evens the field against the older, traditional media, but I fear not yet in time for this election.

That significant portion of our population who are preconditioned to believe that "the TV" is the source of factual information is part of our problem. Until the 80's it seemed true, and the change was gradual enough that so many who were adults in that era can't shake this preconditioned reaction.

My own father, now in his early 60's, is an intelligent and modern man, far more familiar with computers and the Internet than most people in their 20's. He can photoshop, research on the 'net, diagnose a malware infestation and install operating systems as well as the best technicians, yet he still takes the viewpoints from the worst of the known cable news outlets as factual. He admitted to me he 'just has a feeling' against Obama, but is entirely frank that he can't say exactly why. He can't quite come to support McCain either, but given an otherwise even choice, he would lean heavily towards a republican.

I fear it's been '84 for over two decades; Orwell's '84, that is.
guajiro
posted 5 minutes ago
06:45 PM on 09/15/2008
I believe in what the Oglala's Crazy Horse used to say and would say today; "Today is a good day to die". The battle against a corrupted media in line with their corporate masters may appear to be lost. In fact, this country's future may already be lost and in decline yet, there is no need to give in. No need to become but a pawn of the corporate powers who so easily dump a worker imperiling the future of his family, of his own livilihood. As this country's workers find more in similarity to 3rd world country's workers, I believe there will come a time when the corporation's political power, the "person" ruling, will be overturned by a commonality in the workers themselves.
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fairwitness
Not content with stunned disbelief
06:24 PM on 09/15/2008
No more critical issue exists for this culture--we are awash with lies, lies that are profitable and so proliferate like weeds. Lies in religious houses, lies in financial houses, lies in commercial places, lies in tract houses--we are awash in lies. Maybe it's always been so, but now it's critical that we learn how to recognize and reject lies and liars. That's what's so encouraging about Obama willingness, finally, to call out the liars in no uncertain terms, and to USE the words LIE and LIAR.

Every decent person abhors lies--and I'd say it's the most potent libe of attack Obama can take. It will even bring some disgusted, decent Republicans over. Of course, we can expect that the Republicans will themselves throw the accusations at Obama as well, but I'd much rather have TRUTH be the big issue under discussion, the playing field, as it were, than almost anything else, so BRING IT, sleezy Republican liars, and let's sort it out in public.
06:21 PM on 09/15/2008
American democracy took a turn for the worst when neocons figured out that getting in bed with social conservatives during the Reagan years would win elections. Unfortunately, they have become the victims of their own political successes and now cannot win without their right wing base.

When will the conservative base realize that they are being manipulated? What will it take? Eight years of Bush/Cheney/Rove/McCain isn't enough it seems.

I understand the mind of a fundamentalist, having been raised in a small town in the South. I understand many of the parallels between neocon tactics and religious fervor, but I also wait for the day that the differences finally emerge. Smaller government if it means raising taxes on the wealthy, but bigger government when it comes to personal privacy and civil rights. Which is it McCain?
05:02 PM on 09/15/2008
Could anyone please explain to me why no one has questions regarding post-traumatic-stress disorder where McCain's time "in a box for 5.5 years" is concerned? In all honesty, how many human beings could return to day to day life "nomal" after such an ordeal. This alone has me terrified of his judgement. I also wonder if this is why he refuses to have his medical records opened. Perhaps there is a history (of most likely NEEDED) psyciatric care and prescriptions for anti-depresants included in those still sealed records. As someone currently on anti-depressant medication, I would not vote for a fellow sufferer. Sympathize, yes...put into the highest office in the land, no way, no, how, no McCain!
04:06 PM on 09/15/2008
Why would the MSM begin telling the truth now?

These are the same people who were party to the lies to lead America into the war in Iraq and they have to this day not apologized to America.

MSM have continued their same behavior and have done nothing but feed America the republican party's lies and spin aobut McCain being a maverick.

McCain's buddies in the MSM - you know the ones - the very ones who go on and on about how wonderful McCain's biography is, have been telling lies about McCain being a straight talking maverick for ten years, they are not going to start telling the truth now.

As Chuck Todd says "the media is McCain's base '"and "McCain has plenty in the bank with the media, so he can get away with saying anything and he gets a pass,"

Actually, McCain has been getting a pass on his bona fides since he was captured in Vietnam.

That story about the Vietcong wanting to let McCain go but McCain refused to go was the first of many lies that McCain has told. Neither the American press nor any of the foreign press has ever been able to substantiate one scrap of intelligence that backed up this story.

However it's a matter of fact that the Vietcong made few prisoner trades and point in fact the Vietcong preferred to keep the highest officers as a victory point.

http://www.huffingtonpost.com/jeffrey-klein/mccains-secret-questionab_b_107409.html
07:20 PM on 09/15/2008
i agree with your argument. it appears that MSM is in the tank for mccain/palin (particularly palin). their strategy is to talk incessantly about the energized conservative base and what obama has to do the win over the blue collar democrat. this type of MSM rhetoric is to keep the base energized. MSM is owned by the wealthy. and, who do you think the wealthy is backing? the ticket that will guarantee more profits, more power, more contracts, and more blood and treasure. mccain/palin are pawns in a high stakes game to continue business as usual. but.... not this time!! with the help of new voters, disinfected republicans, and minority groups, obama/biden will kick butt!!!
08:26 AM on 09/16/2008
Did you mean "disenchanted", "disaffected", or really "disinfected"? If "disinfected", what did you use to disinfect them? I have a number of candidates in dire need of 'publican disinfection!!
11:30 PM on 09/15/2008
I agree that the MSM focuses on the energizing of the Republican base. I flipped through the channels all day today and all I heard about was McCain/Palin, very little time was given to Obama/Biden. I know this probably sounds lame, but Democrats need to find a way to energize their base without the help of the MSM. I'm no political genius, but I know that we need to find an alternative to the MSM. Maybe local Democratic leaders need to hold rallies, parades, picnics, barbeques, etc. throughout the country for Obama/Biden and other Democrats running for office. And I'm not talking about $1000 a plate dinners that only attract wealthy supporters. Democrats need gatherings to draw small time supporters. Obama and Biden can't be everywhere at once, they need local leaders to energize their base and raise money on a large scale.
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fuel4thefire
03:29 PM on 09/15/2008
The right-wingers want to strip people of their rights, ( workers rights -- no equal pay for equal work for women) , civil rights ( suspension of habeus corpus), human rights ( Gauntanomo), voters rights ( electronic voting without proper oversight); they want to concentrate power in the hands of the few ( what they call, smaller government), and privatize Social Security ( tie it to the stock market.... you see what is happening today as i write this), and control the press so people do not know what is really happening and what their elected (hah!) officials are up to..... nefarious at the very least! treasoness more like it!
03:05 PM on 09/15/2008
"...have employed a deeply cynical and highly effective strategy to distort and manipulate public discourse."

Nothing that hasn't existed since time immemorial, perhaps since the first caveman wanted to denigrate another. I would like to say that the MSM has allowed itself to be bullied into caving to this tactics, but the truth is far worse. The sad reality is that corporate owned MSM has fanned the flames and fed of the ensuing mayhem.

~~~

"One function of a free press in a self-governing society is to serve the public's interest in learning the truth."

Once~upon~a~time~perhaps. What we are left with, after the "free market" ideal was applied to a once fact~distributing~enterprise, is nothing but~an~outlet for entertainment and re-direction from the facts. With the very deliberate effect of creating low~information dumbed~down consumer base to sell their product "news".

~~~

"This is precisely why those who embrace a strategy of political lying make a concerted effort to denigrate the credibility of the press."

Once again, the MSM is not a victim. An institution that can~ make and bring down presidents is not an innocent nor naive mark. Not only~did this not come~around without their~help they are very much complicit in creating it. They have denigrated themselves by their choices.

~~~

Yes, regulations~and~laws should be enacted to once~again make the Fourth State be accountable to the people and the sentinel of truth, justice and democracy that it was meant to be.
02:31 PM on 09/15/2008
The issue isn’t so much getting people to accept the truth, but to act on it

For example, everyone was told it would be certain death to stay for hurricane Ike, yet many people stayed and only called for rescue after reality set in. That’s the mindset we’re dealing with.

Winning this election is everything, and it’s going to take a lot of money and hard work to get people to understand what four more years of the same failed policies will actually do to their lives.

We need to reach or exceed 100 million dollars in donations to both Obama and the DNC for sept and oct if we intend to get the job done. The DNC donations are really critical at this point because we are lagging badly there. Please donate now and please donate as much as you can.
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lbrillante
I take action knowing Love will win.
02:03 PM on 09/15/2008
Without a true free press dedicated to telling the american people the truth and unwilling to profit by running ads full of lies, the america and the american people don't stand a chance.

I used to wonder how any american could be voting for McCain because it was so clear to me that our country would only further deteriorate if he were elected and then I started traveling for work and recognizing that television is still the only source of news for many americans and many of them only get local news, FOX, and CNN. This explained a lot about why my mother is always so interested to hear what I have to say politically... she doesn't have any source other than these. Recognizing how much is working against us, I realize that the movement to elect Senator Obama is actually much stronger and more powerful than the media would suggest!

I know that the polls are not reflecting the actually numbers of democrats registered greater than republicans in many states so they are really not a good prediction of the outcome on election day. I want to push that fact out into the media because many people believe the republicans want the polls close so that they can try to get away with cheating/stealing the election. We need to do everything in our power to make this election real and fair. If it isn't america will not last long no matter who is president...

Enough!
Obama/Biden '08
01:56 PM on 09/15/2008
I like the fact I can read the Huffington Post and the NY Times and find 30 stories talking about potential scandals regarding Sarah Palin, yet no stories regarding at least three seperate scandals regarding House Ways and Means committee chairman Charles Rangel. I that what you mean by a free press, or would that be the equivilant of right wing talk radio, I'm not sure.
04:16 PM on 09/15/2008
Rangel isn't running for President. But, to take your point, I think the question is to determine whether what Rangel did wrong--not reporting income he never saw on a home--should be acted upon. The matter is before the Ethics Cmte of the House. That decision needs to be made by Jan 3 of next year, enough time. As the time for its decision approaches, I suspect you will get more articles on it.

Sarah Palin just burst on the political scene. We have just until the 4th of November to determine whether she is honest and credible, not to mention the "q" word, "qualified". She is being subjected to what normally takes place over a year of investigation in a compressed timeframe. What else would you want--everyone to accept a candidate without scrutiny that even McCain did not vet?