“Negative ads are continually used because it works,” said
Scott Huffmon, founder of the Social & Behavioral Research Lab at Winthrop
University. “America hates negative
ads. America responds to negative ads.”
Politicians often seek an advantage by referring to their opponents’
negative aspects rather than highlighting the positive attributes of their own
campaign. The technique of using attack
ads has become commonplace during political elections.
According to Huffmon, negative ads have the ability to rally
supporters of a particular candidate or dissuade undecided voters from
supporting their opponent, leaving an impression on every viewer.
“People say it’s distasteful, it’s horrible, but in the end,
from what’s called the impression driven model of public opinion, people often
don’t remember specifics,” said Huffmon.
“They just remember the impression that’s left, and after a while of
hearing ‘this person’s a dirt bag’ they have a bad impression of them even if
they’re not exactly sure why.”
Attack ads are continuously used not only because they leave
an impact on viewers, but also due to politicians being within legal rights to
distribute them. Even though many attack
ads become controversial, legally TV stations can’t deny them.
For instance, Democratic incumbent Mark Pryor sponsored an
ad, “Emergency Response,” that claims his challenger, Republican Tom Cotton,
voted against preparing America for pandemics like Ebola. Cotton is also accused of choosing tax cuts
for billionaires over Arkansas and choosing to not to protect families.
According to “The Law of Publication Communication” by Kent Middleton
and William Lee, “a broadcast station
has no control over the content of programming aired by political
candidates.”
The book continues to say the Section 315 of the
Communications Act of 1934 prohibits the censorship of candidates from
broadcasters regardless of whether “their statements are racist, vulgar or
defamatory.”
Although the Federal Communications Commission protects
politicians from broadcasters they are not exempt from others taking legal
action against their attack ads.
While plaintiffs have the ability to sue they must prove the ad to be false in order to win their case.
However, according to Nathaniel Frederick, assistant
professor of mass communication at Winthrop University, it is challenging for
plaintiffs to win a libel case.
“It’s difficult to sue because the idea is that political
campaigns are a part of a robust deliberation, discussion of issues or
character of the other person,” said Frederick.
“That type of speech can get heated.
Politicians have willingly put themselves in the spotlight and that
spotlight is only increased during an election.
It seems difficult for a politician to win a libel suit.”
Negative ads continue to be aired even though they are often
found to not be truthful or they contain half-truths.
“Listened,” an ad released by Cotton, accuses President
Obama of hijacking the farm bill and making it a food stamp bill. However, according to Arthur Delaney of the
Huffington Post, food stamps have been apart of the farm bill for decades as a
logrolling arrangement between rural and urban lawmakers. Rural Republicans get farm subsidies and city
Democrats receive food stamps for their constituents.
It’s not required for ads of this nature to be retracted and
politicians aren’t held accountable if their ads contain falsities.
“It may seem deceptive, but it’s still protected because of
free speech,” said Frederick. “Those
lies may mislead voters, but in the context of democracy and free press the
press is supposed to serve as a watch dog of government officials, to do the work
to uncover who is lying.”
While Politicians promote their own negative ads during
election campaigns there are also negative ads that aren’t sponsored or
approved by politicians.
For instance, an ad by Crossroads GPS, a nonprofit
corporation, attacks Pryor’s dedication to his senior citizen constituents.
Their ad “Double Standards” accuses Pryor of wanting to “overhaul” social
security by increasing the retirement age, and trying to reward illegal
immigrants by giving them social security.
According to Frederick, politicians are not associated with
negative ads that are published by independent organizations and PACs. This
protects politicians from possible backlash of a negative ad that isn’t
sponsored by them and saves them money.
It is estimated that at the end of the midterm elections
roughly $4 billion will have been spent on mainly TV advertisements.
The U.S. Senate race in Arkansas has topped the $20 million
mark in TV ads and, according to Peter Urban of Arkansas News, this Senate race
ranks seventh nationally in ad spending.
The current spending rates for political TV ads, coupled
with the effectiveness of negative ads, may validate that negative ads could
continue to prevail as a main campaign tactic for many elections to come.