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Lawrence Lessig

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What the Hell Is Being a Moderator For?

Posted: 10/21/2012 12:00 pm

For the first time in as long as we can tell, neither candidate for president is addressing one of the top 10 issues that Americans believe should be a priority for the next president. Indeed, not just one issue, but two.

Since 2000, Gallup has been asking Americans to identify "how important a priority each of the following issues should be for the next President of the United States." Every year before this one, those issues at the top are exactly the issues the candidates addressed on their websites. (Click here to see the research.) The order maybe different. There may be other issues addressed that are not on that top 10 list. But in every election since 2000, every one of the top 10 gets at least some serious consideration.

Until this year. Of the top 10 issues that Gallup identified, two are not even mentioned on either candidate's website: number two on the list (with 87% of Americans believing it "extremely or very important") -- "reducing corruption in the federal government," and number nine (with 76%) -- "overcoming political gridlock."

Ranked more highly than terrorism, the deficit, schools or social security, Americans want "corruption" to end. More than tax reform, or affordable access to college, Americans want "gridlock" to end. Yet neither campaign thinks it necessary to even mention these top priorities.

Why?

Let's focus on issue number two: "reducing corruption in the federal government." It's clear that by "corruption," Americans don't mean the crimes of Rod Blagojevich or Jack Abramoff. Those scandals were long ago, and our memory is short. Instead, the only sort of "corruption" that has had the focus of the news media is the endless campaign cash that every candidate for any office is now seen obsessively to seek. Super PACs and Citizens United: these are the triggers to what we mean today by "corruption." In response to that corruption, Americans are looking for a democracy that doesn't seem so slimy.

Yet neither Romney nor Obama wants to talk about this corruption, though no doubt for very different reasons. Though Americans hate the system, beltway Republicans (and Romney) apparently love it. Some think it's the only way for Republicans to remain competitive. So it's obviously best for them to keep silent about an issue not likely to win them support. And while Obama no doubt hates the system as much as anyone, to raise it now would be to remind us that he promised to "take up that fight" to change the system, but has not yet gotten around to it. Worse, there's something seemingly hypocritical about attacking SuperPACs while encouraging friends to send support to your own.

So it's no surprise that the candidates won't volunteer a plan to address this "corruption." But why is it that they are not asked anyway? Why isn't it the core of journalistic ethics to get the candidates to address the issues America wants addressed, especially when it is clear that candidates themselves don't want that issue addressed?

This is a question not easily answered, because it's not clear anymore just what a political journalist is. Candidates appear on news programs on their terms, not terms set by the show. They agree to debate only if their lawyers are permitted to set the rules and scope -- which was precisely why the League of Women Voters could no longer agree to host debates. In the endless competition for access, politicians set the terms for access. And even if they don't explicitly put issues off the table, everyone understands the consequences of making a candidate uncomfortable. There's always a next time, unless, of course, you make things really bad for the candidate this time.

But there is one political journalist who is free of these constraints: the moderator of a presidential debate. Candidates have no choice but to show up to the debates. They have no way to hide from a question directly put. So if there's one person the system should count on to ask the questions America wants answered but the candidates want avoided, it is the moderator of a presidential debate.

Yet no moderator to date has accepted this responsibility. Candy Crowley moderated the questions of randomly selected undecided voters -- as if that would capture anything about the issues most of America wants answered. And Jim Lehrer let the rules get smothered by his need to be kind to important people -- with the consequence that he never even got to the part of the debate where "corruption" might have been an issue.

In Robert Caro's latest Johnson biography, he recounts a famous story about Johnson's decision to take up the cause of civil rights. Kennedy had just been murdered. The nation was looking for a new leader. But Johnson was being counseled as strongly as his advisers could counsel not to bring up a civil rights bill. As Caro retells it:

[I]n the early hours of the morning... "one of the wise, practical people around the table" told [Johnson] to his face that a president shouldn't spend his time and power on lost causes, no matter how worthy those causes might be.

"Well, what the hell's the presidency for?" Lyndon Johnson replied.

The rest, as they say, is history.

It may be too much to wish for a president with Johnson's strength of character. But is it too much to wish for moderator who is Johnson-like? Too much to wish for a moderator who wonders, what is being a moderator for?

It's not the job of the moderator to be liked. It's not the job to seem agreeable. The job is to make sure that America understands what the candidates believe about the issues that America cares about. Moderator laissez faire won't get us there. A real political journalist just might.

 
 
 

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HUFFPOST SUPER USER
GlennBeckReview
Media critic, blogger
01:15 PM on 10/23/2012
Questions asked during the four debates about Supreme Court choices: 0

Questions asked during the four debates about Citizens United: 0

Questions asked during the four debates about the role of money in politics: 0

Questions asked during the four debates about amending the Constitution: 0

Yes, Professor Lessig, it apparently is too much to ask for a moderator "who is Johnson-like."
02:27 AM on 10/23/2012
The leading cause of corruption in today's world is prohibition which even the author of this article failed to mention.
There is no chance of presidential candidates touching that one, except for the candidates who don't get included in presidential debates.
12:14 AM on 10/24/2012
Prohibition is certainly one of the leading causes of violence in this country and the profits from illicit trade in prohibited items funds both gangs here and terrorists abroad. It also has corrupted an already bad prison system by putting non-violent people in prison with violent predators.
11:31 PM on 10/22/2012
As I see it...the problem in America these days is this;
There is no longer "We", it has been replaced with "I".
This change applies to both moderators of Presidential
debates as well as the generally ignorant American
Public.
11:29 PM on 10/22/2012
Lessig fails to mention that Johnson was for the most part run out of office, as much for pushing the civil rights legislation as for anything else, including the Vietnam war. Having lived through the Johnson years, I can testify to the fact that there was far more political heat over the racial situation in the country than there was disaffection with the war, although it was no doubt the straw that broke his back.
11:24 PM on 10/22/2012
This finally gets to the heart of the issue. Until they figure out how to get rid of corruption and gridlock in Government our country will drift in the wind and eventually FALL. Can't believe they can't see this. And that's because they are the problem.They simply choose to just play along with the rest of the dullards.
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10:19 PM on 10/22/2012
It's not an issue the Big # networks and cable networks WANT to bring up. Why? Because after Citizens United, their ad revenues have skyrocketed from SuperPac, etc. ads and their powers-that-be cannot allow this issue to see the light of day in any meaningful way.
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HUFFPOST SUPER USER
Jay Lewis
08:01 PM on 10/22/2012
While the moderator is seen as having no limits on the questions, there certainly is room for persuasion and influence from up-above. More or less, each moderator always seems to be culled exclusively from the media pool.

If strong media coloring were present, one would expect to see decisions made in the light of media share and ratings.

Thus, the products of the question list might well put both candidates engaging in an entertainment-based survivialist mode.

Not candidates engaged in political debate in an arena any longer--now candidates engaged in media-scripted political debate with a glint of entertaining the masses.
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the crustybastard
I could be worse, and have been.
06:41 PM on 10/22/2012
>>>[Candidates] agree to debate only if their lawyers are permitted to set the rules and scope -- which was precisely why the League of Women Voters could no longer agree to host debates.

SOLUTION: Give the debates BACK to the LWV.

Letting the two major parties monopolize the marketplace of ideas has been a dismal failure.

And ferchrissakes, the third-party candidates who are being barred from the debates shouldn't be ARRESTED for standing outside the debates making that point. They have a First Amendment right to do so, peacefully.
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Robert SF
08:28 AM on 10/23/2012
But the debates were not taken away from the LWV. The LWV dumped the debates when the candidates started making demands and imposing conditions.
03:31 PM on 10/23/2012
True, but if everyone refused to hold debates unless they were under the auspices of the LWV, it would pretty much force the candidates to abide. Probably just wishful thinking on my part.
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the crustybastard
I could be worse, and have been.
12:59 AM on 10/25/2012
Are you...serious?
06:39 PM on 10/22/2012
I disagree - Obama is very corrupt - he is from Chicago and that is a requirement to be in government - look at Rahm I - he was selected for mayor and had not lived there for two years. Gridlock - what gridlock - Obama and the democrats ran the show for over two years and Pelosi and Reid ran it into the ground before Obama got there - matter of fact they caused most of the problems that this country is in now with their house for everyone plan and a no lost guarantee to the banks.
10:02 AM on 10/23/2012
Romney had to refile his income taxes after he had stated that he had "lived" in Massachusetts for the time he was in Salt Lake, UT, for the 2002 Winter Olympics, but had not because he had not filed Massachusetts income tax returns.
03:18 PM on 10/23/2012
I am talking about RAHM Imanuel - the selected mayor of Chicago - not Mitt Romney - the next president of the US. Sorry for any confusion.
03:32 PM on 10/23/2012
Abraham Lincoln was also from Illinois and, just like Obama, served in the state legislature. Does that mean that Lincoln was corrupt?
05:25 PM on 10/23/2012
No - Abraham Lincoln was a Republican and up until about 30 years ago democrats were solid - even President Ronald Reagan was a democrat at one time, but as President Reagan said - I did not leave the party the party left me - that is the difference - even John F. Kennedy would not be welcome in the democrat party of today - which is for the most part extremely corrupt.
06:07 PM on 10/22/2012
And what about climate change!

Is this issue no longer considered to be in the top 10 by American voters even in the hottest year on record when farmers are experiencing their worst drought in 50 years, climate related damage costs have skyrocketed, and the Arctic ice cap has shrunk to its smallest extent on record. One would think that anyone interested in "Right to Life" would have some concern about the survival of our children on a planet destroyed by us as a result of decisions taken now.

Without leadership from the US on this issue how can we expect countries like China, Russia and Japan to take it seriously.

The absence of any mention of tackling climate change by reducing emissions is pathetic and shameful.
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HUFFPOST SUPER USER
Chris Long
08:10 PM on 10/22/2012
Climate change is right up there with getting an assistant for the tooth fairy. What is pathetic is for the myth to continue in weak minds.
09:22 PM on 10/22/2012
Sorry Chris, you are saying that the vast majority of scientists have "weak minds"???

The only "myth" is that there is inadequate evidence indicating that climate change is a serious issue and that emissions from human activities is the major culprit. The US is in its worst drought for 50 years, is having the hottest year on record and is suffering billions of dollars in damage due to climate related disasters. I would have thought that the only ones asking for assistance from "tooth fairies" are those who cling to straws by trying to dismiss the overwhelming evidence that we are all witnessing.
HUFFPOST PUNDIT
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
05:19 PM on 10/22/2012
The Founding Fathers overthrew a King, didn't want one in charge here. So they gave domestic power to the Congress, almost none to the President. He's just the DA, swears to uphold their laws or commits treason.

The President does not make law, set budgets or taxes, has almost no domestic power. He's the Commander in Chief of the most powerful military in history. Do you want Mitt Romney to have that job? Tonight's debate is by far the most important. Our domestic problems are practically non-existent. I remember the Cuban Missile Crisis. I worry about Israel causing World War III. There are no comparable domestic problems.

Like all developed nations, the US is one of the least corrupt nations on earth and in history.
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the crustybastard
I could be worse, and have been.
06:26 PM on 10/22/2012
Wrong. The President swears to uphold the CONSTITUTION.

Where a law conflicts with the Constitution, he cannot enforce or execute that law.
06:44 PM on 10/22/2012
Well yes I do want Mitt Romney to have the job. Obama has no experience in anything - seriously NONE. President to be Romney has had a great deal of experience of which I think you just ignore. The president has great influence on all of the government - as in President George W. Bush warned Pelosi-Reid of the housing problem and they assured him that all was OK and you see how well that worked out. Nothing wrong with being a yellow dog democrat - but common sense needs to come into play as some point.
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HUFFPOST SUPER USER
NoPartyCharlie
05:03 PM on 10/22/2012
Does anyone listen to Webster Tarpley?
04:55 PM on 10/22/2012
Hi I completely agree. And I would add, that the role of the moderator should be to help the audience understand the candidates' history, record and votes -- not just position papers. I wrote a blog on the subject also for Commprobiz after last week's debate.
04:49 PM on 10/22/2012
no third party in debates= no democracy
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06:52 PM on 10/22/2012
Third parties are allowed in debates if they can muster 1% support in the polls. Ross Perot was permitted in the 1992 debates becasue he crossed that threshold and well over it.
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Robert Masters
To take my property is to take my means to live
04:48 PM on 10/22/2012
That's funny...I thought gridlock was precisely what the design of our government was supposed to cause. Why 3 co-equal branches if not to cause gridlock? If we didn't want gridlock we could have just created a dictatorship.
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I wasnt here
In their hearts... Liberals know they're wrong
06:59 PM on 10/22/2012
Dictatorship would seem to be preferable to a lot of people on both sides.
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Robert Masters
To take my property is to take my means to live
08:02 PM on 10/22/2012
Not me.