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The Poverty <strong>of</strong> Civil Libertarianism<br />

stations even refuse political advertisements. KFI-AM, the fifth largest<br />

radio station in Southern California, has done so because the<br />

FCC requires broadcasters to charge their lowest rate. All-news<br />

station KNX-AM, the third largest in the region, has rejected commercials<br />

for state legislators <strong>and</strong> judges, who cannot otherwise reach<br />

their local constituencies. 81<br />

Although the American media, unlike the British, simulates neutrality,<br />

greed quickly strips away this mask. The Gulf war coincided<br />

with the ratings sweeps, whose audience estimates determine future<br />

advertising revenue. After viewers wrote <strong>and</strong> telephoned KABC-TV<br />

in Los Angeles to denounce its coverage <strong>of</strong> anti-war protests the<br />

station adopted a policy <strong>of</strong> ignoring the demonstrations. Universities<br />

use their subsidy <strong>of</strong> student newspapers to control tone <strong>and</strong> content.<br />

82 The media decide how much attention to devote to c<strong>and</strong>idates.<br />

83 Just as Pravda compared market forces to Czarist repression,<br />

so Jerry Brown Americanised the metaphor when his 1992 campaign<br />

for the Democratic presidential nomination foundered: "We<br />

actually have a media <strong>and</strong> a party hierarchy that wants to shut down<br />

democratic debate. It reminds me <strong>of</strong> the Bolsheviks in Russia ....<br />

[They] would like to have one name on the ballot."<br />

Even if the media impartially reported news <strong>and</strong> accepted political<br />

advertising, electoral competition would reflect differences in market<br />

power. Just as lawyers' clients get as much justice as they can<br />

afford, so politicians get only that much publicity. Unable to pay<br />

network prices, Jerry Brown had to make do with $200 an hour<br />

public-access cable television. Another outsider, Ross Perot, could<br />

threaten to spend "whatever it takes" to win—although his business<br />

instincts convinced him to turn <strong>of</strong>f the spigot in July at $10 million. 84<br />

Three weeks before the November 1990 election Congressional<br />

incumbents had outspent challengers $214.8 million to $60 million<br />

<strong>and</strong> had twenty times as much left for the campaign's crucial last<br />

days. 96 per cent <strong>of</strong> House incumbents were re-elected (having<br />

outspent challengers 9:1) as were all incumbent Senators but one<br />

(having outspent challengers 3:1). California initiative battles displayed<br />

similar disparities that year: industry spent nearly five-times<br />

as much as public interest groups. The liquor lobby alone threw $28<br />

million into a battle against a tax that would finance health research<br />

<strong>and</strong> education. Two years earlier the insurance industry had lavished<br />

$75 million on resisting premium reductions. 85<br />

As audiences for mass entertainment grow, entrepreneurial efforts<br />

to anticipate <strong>and</strong> shape consumer preferences increasingly override<br />

creative independence. Film studios decide which treatments to turn<br />

54

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