Simone Lawson
Political campaigns are a unique and challenging career arena, offering little formal mentoring, structured feedback, administrative support, free time, or long-term stability. However, for those passionate about politics or gaining insight into the democratic process, it can be a rewarding experience. A key aspect of campaigns is their advertising strategies, which are not subject to the same truth-in-advertising laws as commercial advertising. While the Federal Trade Commission regulates commercial advertising to protect consumers, political ads are protected by the First Amendment, allowing candidates to make false claims without consequence. This has led to a controversial battleground on social media platforms, with companies like Twitter and Facebook taking differing approaches to political ads. Despite public skepticism about the truthfulness of political advertising, there is currently no federal regulation requiring truth in political campaigns, leaving voters responsible for their own research and decisions.
| Characteristics | Values |
|---|---|
| Truth in advertising laws | Do not apply to political ads |
| Defamation | Candidates can be punished for saying something materially and substantially false about someone that harms their reputation |
| Voter suppression | Lying about when or how to vote is another type of unprotected speech |
| First Amendment | Protects political speech and prevents the government from becoming the decider of truth vs fiction |
| Liability | Networks and social media platforms generally can't be sued for political ads they run, but candidates can sue the makers of an ad for defamation |
| Federal Trade Commission | Requires truth in commercial advertising but there is no federal regulation for truth in political advertising |
| State laws | Some states make it illegal for candidates to lie about endorsements, veteran status, or incumbency |
| Regulation | Some attempts to regulate political advertising have been struck down as "unconstitutionally vague" |
| Supporting evidence | Candidates and groups may be required to file supporting evidence for attack ads |
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What You'll Learn
Political ads on TV
When it comes to political ads on TV, there are a few things to keep in mind to ensure your campaign remains truth-free. Firstly, understand the regulations. In the US, the Federal Communications Commission (FCC) and Federal Election Commission (FEC) have specific rules for political ads on television. While stations are required to air ads from qualified candidates, they can include a disclaimer ahead of the ad. This is an important point to consider as it means you can attempt to disguise your untruths behind a veil of legitimacy.
Next, you'll want to focus on the visuals. In today's media landscape, a picture is often worth a thousand words. Consider what images will evoke an emotional response from your target audience and use those to your advantage, regardless of whether they accurately represent your stance or not. For example, you could use graphic images of aborted foetuses to push an anti-abortion agenda, even if your policies won't actually restrict abortion rights.
Crafting the right message is also key. Find out what your opponents stand for and use that information to your advantage. You can twist their words and selectively present facts to paint a picture that suits your narrative. Use your communication staff to carefully craft messages that are misleading without being outright lies. This is a delicate balance, and you'll want to ensure your team is experienced and discreet.
Remember, money talks. Invest heavily in your advertising strategy and target specific markets, especially swing states or counties, to maximise the impact of your ads. Use sophisticated polling techniques to identify the best locations for your ads to reach the most receptive audiences. Finally, don't be afraid to get creative. Think outside the box and utilise unique strategies to capture the attention of voters. With a well-funded, strategically placed, and visually compelling ad campaign, you'll be well on your way to a successful truth-free political campaign.
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Defamation laws
In the context of political campaigns, defamation suits face several challenges. Firstly, anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes and increased public awareness of SLAPP suits create a hurdle. These laws protect individuals from frivolous lawsuits aimed at stifling their right to free speech and participation in matters of public concern. Secondly, there is a long history of mudslinging in political campaigns, and political speech during these periods enjoys enhanced protection. Finally, the First Amendment's doctrine of rhetorical hyperbole further complicates defamation suits. Courts have set a high bar for proving defamation, especially when challenged statements are part of political campaigns, as they are considered core matters of public concern.
To succeed in a defamation suit, a private person in Arizona, for example, must demonstrate that the accused published a false and defamatory statement, knew its false and defamatory nature, and acted with reckless disregard for the truth or negligently failed to ascertain it. Additionally, the statement must imply assertions of material fact that are provably false. Statements that can be reasonably interpreted as opinions are generally not legally actionable under defamation laws.
It is important to note that networks and media outlets are generally exempt from liability for the political ads they broadcast. However, candidates can sue the creators of an ad for defamation, although such cases are rare and challenging to prove, especially when involving public figures. The Federal Trade Commission (FTC) administers Truth in Advertising laws, but their jurisdiction does not extend to activities protected by the First Amendment, including political speech.
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Voter suppression
One common strategy is to impose strict voter ID laws, requiring voters to present government-issued photo identification in order to cast their ballot. This can disproportionately affect voters of color, low-income communities, the elderly, people with disabilities, and those living in rural areas, as obtaining the necessary identification can be costly and time-consuming.
Another tactic is to restrict registration by limiting the window of time in which voters can register, requiring documents that prove citizenship, or creating onerous obstacles for voter registration drives. For example, in 2011, a law in Kansas required citizens to show proof of citizenship documents, such as a passport or birth certificate, which blocked the registrations of over 30,000 Kansans.
Additionally, reducing polling place hours in communities of color, eliminating early voting opportunities, and illegally purging voters from the rolls can also suppress voter turnout. These measures can make it more difficult for eligible voters to cast their ballots, particularly those who may have work or other commitments that make it hard to vote during limited hours.
To combat voter suppression, organizations like the Brennan Center and the League of Women Voters have proposed automatic voter registration and advocated for legislation that guarantees all Americans' access to the ballot, such as the Deceptive Practices and Voter Intimidation Prevention Act.
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Social media platforms
Choose the Right Platforms:
Select platforms that align with your target audience and campaign goals. Facebook, Twitter, Instagram, and YouTube are popular choices, but newer platforms like TikTok and Twitch can also be effective. Consider the demographics and engagement patterns of each platform to maximize your impact.
Craft a Compelling Narrative:
Create a political brand that resonates with your audience. Use social media to shape your narrative, showcase your values, and connect with voters on an emotional level. Remember, it's not just about likes and shares; it's about building a community that supports your campaign.
Engage and Mobilize:
Leverage the interactive nature of social media to engage with your followers. Respond to comments, host Q&A sessions, and create events to foster a sense of community. Encourage your supporters to share your content and use predetermined hashtags to rally your posts. Be brave in sharing your opinions, but be mindful of potential backlash.
Utilize Influencers and Partnerships:
Collaborate with influencers and partners who share your values or target audience. This can help expand your reach and credibility. Identify potential influencers or organizations that align with your campaign, and explore opportunities for cross-promotion or joint initiatives.
Optimize Content Creation:
Use social media content curation tools to create engaging content. Vary your content formats, including videos, live streams, and interactive sessions. Ensure your content is tailored to each platform and leverages its unique features. For example, Twitter's trending topics or Instagram's Reels and Stories.
Targeted Advertising:
Invest in targeted political advertising on platforms like Facebook, which offers authorized pages for fundraising and advertising. Understand the platform-specific rules and regulatory guidelines for political ads to avoid penalties. Utilize tools like Facebook's Ad Library to research your competitors' spending and strategies.
Manage PR Blunders:
Have a strategy in place to address potential PR mishaps. Typos, controversial statements, or misinformation can spread quickly on social media. Develop a rapid response plan, fact-check your content, and consider utilizing third-party fact-checking services to add credibility to your campaign.
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State laws
While the First Amendment generally gives candidates and groups broad rights to say whatever they want in a campaign, including lies, there are some state laws that can be leveraged to run a political campaign with no truth involved.
Firstly, it is important to understand the regulations surrounding campaign contributions and expenditures. The Federal Election Campaign Act of 1971 (FECA) enforces limits on the amount of money individuals and political organizations can donate to a candidate running for federal office, such as the president, Senate, and House of Representatives. These regulations also require candidates to disclose the sources and amounts of their campaign contributions, as well as how they spend the money. By understanding these rules, you can strategically allocate funds to areas that may not have strict truth requirements, such as social media platforms.
Secondly, while cable networks like CNN and Fox News have the freedom to reject or air political ads, they generally cannot be sued for the content of those ads. This means that you can create ads that may stretch the truth or be misleading, without the fear of legal repercussions from the network. However, candidates can sue the creators of an ad for defamation, although such cases are rare and challenging to prove, especially for public figures.
Additionally, you can leverage the right to free association for political parties. In California Democratic Party v. Jones (2000), the Court invalidated a state law that turned California primaries into open primaries, allowing anyone of any affiliation to vote. This means that you can strategically align with groups or individuals who share your interests and may be more receptive to your campaign messages, even if they are not based on complete truth.
Furthermore, certain voter education activities and get-out-the-vote drives can be conducted in a non-partisan manner without being considered prohibited political campaign activity. By carefully navigating this line, you can engage in activities that encourage voter participation while still promoting your campaign, regardless of the accuracy of your statements.
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