<p. 2>
Emergencies Show Who’s Really In Charge
There is a long tradition of acknowledging the media’s power on both the Left and Right. Philosopher Marshall McLuhan coined the phrase “the medium is the message” in 1964, theorizing that the medium has a greater impact than its content. Noam Chomsky and Edward S. Herman analyzed the media’s role in their 1988 book Manufacturing Consent, arguing that the mass media serves a propaganda function in shaping values and behavior, representing the views of the foreign policy establishment, and limiting real discourse and debate.
But these and other analyses still understate the power of the media. In truth, the media play a dominant role in governance. This includes and goes beyond shaping how the public and policymakers think about problems and solutions, determining whether particular political candidates are acceptable or unacceptable, and deciding what constitutes a crisis and how it should be handled.
On this latter point, a German political theorist named Carl Schmitt famously argued that a nation’s ultimate authority is the person or group that “decides on the exception.” In other words, an individual or institution is the true ruler of a society if they can suspend the normal order, declare emergencies, and determine how the law should be applied.
“The exception is more interesting than the rule,” Schmitt wrote. “The rule proves nothing; the exception proves everything... In the exception, the power of real life breaks through the crust of a mechanism that has become torpid by repetition.”
The declaration of an emergency or crisis establishes the political order because it is in this “state of exception” that power is made clear. True sovereignty lies in the authority to overstep or suspend norms and laws.
Schmitt, like other leading German thinkers of his era, including Martin Heidegger, is tainted by his association with the Nazis. But, also like Heidegger, Schmitt’s analytical framework has been picked up by many on the Left, even as most commenters, including the two of us, strenuously reject how the two men sometimes applied their ideas.
The influential Italian philosopher Giorgio Agamben, for example, built on Schmitt’s theories to argue, in his 2005 book State of Exception, that the “state of exception” has become a “paradigm of government” in modern democracies.
In other words, governments rule by declaring everything a “crisis” or an “emergency,” including even slow-moving, long-term problems like climate change.
The media hasn’t always been the sovereign. That role, traditionally, has belonged to the head of state. Schmitt’s theory of the sovereign allows for sovereignty to change between people and institutions as political and social circumstances evolve. This is why, at times, presidents like Abraham Lincoln and Franklin Delano Roosevelt have clearly been sovereign rulers. At other times though, like in the early part of the 20th Century, the news media in the form of “yellow journalism” drove the US into foreign wars, and played a key role in electing presidents.
There are moments in recent history when sovereign power has reverted back to the head of state. After 9/11, for example, President George W. Bush used a state of exception to invade Iraq. The administration clearly led the charge for the invasion. Vice President Dick Cheney and his aides manipulated the CIA and the New York Times. And then-Secretary of State Colin Powell manipulated the foreign policy establishment.
But this period was relatively brief, lasting under six years. The botched US occupation of Iraq allowed the media to seize back control. By 2007, the media had chosen Barack Obama as the favored Democratic presidential candidate over, first, Hillary Clinton and, second, John McCain.
Yet the election of Donald Trump in 2016 signaled that the news media was losing control. Since then, the press has behaved as though we are in a constant emergency. Fascism is always on the horizon if Trump is not defeated or imprisoned, the New York Times, Washington Post, CNN, and MSNBC have argued for years. The constant threat of a far-right dictatorship provides a continual basis to attack and erode our democracy in the name of saving it.
Time and again, media elites feel entitled to decide when there should be an exception to democratic rights, rules, and proceedings. During Covid-19, for instance, it was the mainstream media that demanded and then maintained a state of exception. The media relentlessly misled the public and engaged in journalistic malfeasance to prolong lockdowns, keep school closed, and demand vaccine mandates.
Rochelle Walensky, then-director of the Centers for Disease Control and Prevention, notably said in 2022 that she got crucial information about Covid vaccines from the news media. “When the CNN feed came that it was 95% effective, the vaccine, so many of us wanted it to be helpful, so many of us wanted to say, ‘Ok, this is our ticket out.’”
Continued Walensky, “Nobody said ‘waning… this vaccine is going to work, oh maybe it will wear off.’ Nobody said, ‘well what if it’s not as potent against the next variant?’”
In this instance, Walensky admitted that her primary source of information was the media. And she suggested that she could not be responsible for her agency’s actions because journalists and commentators did not warn her that vaccine efficacy would wane.
Many times during Covid, the media shaped public behavior and fears before government bureaucracies issued recommendations. And the public’s consent to extreme measures depended on consistent misreporting about Covid risks. In this way, policy followed the hysteria of the media and not the other way around.
The press has similarly spearheaded the effort to suspend and erode constitutional rights in decrying alleged “mis-” and “disinformation” online. After 2016, journalists decided that one of our most fundamental legal protections was a threat to their business and to their monopoly on public opinion. Unrestricted free speech online, the media argued, led to hate, violence, and Russian interference. Government agencies like the Department of Homeland Security would likely not have been able to engage in mass censorship operations had the media not declared a state of exception for the First Amendment.