Negative Campaigning - Controversy and Regulation

Controversy and Regulation

Critics of negative campaigns sometimes contend that negative ads are not always used for the stated reason. In some cases, negative campaigning presents twisted or spun information under the guise of bringing hidden negatives into the light. Sometimes those who practice negative campaigning and publicity also denounce the approach when used against their side by telling the attacker to be nice, be civil, stay clean, be positive, not hurt others, not get personal, not to scare people, etc.

In commercial advertising, various regulations prohibit false advertising and broadcast campaigns to promote potentially harmful activities, such as advertising tobacco products. Similar regulations have at times been proposed to limit negative political campaigning. Such restrictions have been proposed to regulate political advertising on television and radio, where negative claims might not be fully explained due to time constraints, and would expand disclosure requirements in printed political advertising.

In modern Western societies, however, proposed regulation of public speech is confronted by strong traditions favoring the open exchange of ideas, and by fundamental legal protections such as those of the United States Bill of Rights. Practical considerations also weigh against regulation of political speech. Using rhetorical devices such as straw man or red herring arguments, a negative campaign can insinuate an opponent holds an idea without directly accusing the opponent of favoring those ideas. Within constitutional guidelines, few regulations could lawfully control candidates' statements in public appearances, where comments are often repeated in news broadcasts. To the contrary, public figures such as politicians enjoy weaker protection against false allegations than do average citizens.