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104 " Here we introduce the nation's first great communications monopolist, whose reign provides history's first lesson in the power and peril of concentrated control over the flow of information. Western Union's man was one Rutherford B. Hates, an obscure Ohio politician described by a contemporary journalist as " a third rate nonentity." But the firm and its partner newswire, the Associated Press, wanted Hayes in office, for several reasons. Hayes was a close friend of William Henry Smith, a former politician who was now the key political operator at the Associated Press. More generally, since the Civil War, the Republican Party and the telegraph industry had enjoyed a special relationship, in part because much of what were eventually Western Union's lines were built by the Union Army.So making Hayes president was the goal, but how was the telegram in Reid's hand key to achieving it?The media and communications industries are regularly accused of trying to influence politics, but what went on in the 1870s was of a wholly different order from anything we could imagine today. At the time, Western Union was the exclusive owner of the nationwide telegraph network, and the sizable Associated Press was the unique source for " instant" national or European news. (It's later competitor, the United Press, which would be founded on the U.S. Post Office's new telegraph lines, did not yet exist.) The Associated Press took advantage of its economies of scale to produce millions of lines of copy a year and, apart from local news, its product was the mainstay of many American newspapers.With the common law notion of " common carriage" deemed inapplicable, and the latter day concept of " net neutrality" not yet imagined, Western Union carried Associated Press reports exclusively. Working closely with the Republican Party and avowedly Republican papers like The New York Times (the ideal of an unbiased press would not be established for some time, and the minting of the Time's liberal bona fides would take longer still), they did what they could to throw the election to Hayes. It was easy: the AP ran story after story about what an honest man Hayes was, what a good governor he had been, or just whatever he happened to be doing that day. It omitted any scandals related to Hayes, and it declined to run positive stories about his rivals (James Blaine in the primary, Samuel Tilden in the general). But beyond routine favoritism, late that Election Day Western Union offered the Hayes campaign a secret weapon that would come to light only much later.Hayes, far from being the front-runner, had gained the Republican nomination only on the seventh ballot. But as the polls closed his persistence appeared a waste of time, for Tilden, the Democrat, held a clear advantage in the popular vote (by a margin of over 250,000) and seemed headed for victory according to most early returns; by some accounts Hayes privately conceded defeat. But late that night, Reid, the New York Times editor, alerted the Republican Party that the Democrats, despite extensive intimidation of Republican supporters, remained unsure of their victory in the South. The GOP sent some telegrams of its own to the Republican governors in the South with special instructions for manipulating state electoral commissions. As a result the Hayes campaign abruptly claimed victory, resulting in an electoral dispute that would make Bush v. Gore seem a garden party. After a few brutal months, the Democrats relented, allowing Hayes the presidency — in exchange, most historians believe, for the removal of federal troops from the South, effectively ending Reconstruction.The full history of the 1876 election is complex, and the power of th "

105 " Well before she became famous — or infamous, depending on where you cast your vote — Loftus's findings on memory distortion were clearly commodifiable. In the 1970s and 1980s she provided assistance to defense attorneys eager to prove to juries that eyewitness accounts are not the same as camcorders. " I've helped a lot of people," she says. Some of those people: the Hillside Strangler, the Menendez brothers, Oliver North, Ted Bundy. " Ted Bundy?" I ask, when she tells this to me. Loftus laughs. " This was before we knew he was Bundy. He hadn't been accused of murder yet." " How can you be so confident the people you're representing are really innocent?" I ask. She doesn't directly answer. She says, " In court, I go by the evidence.... Outside of court, I'm human and entitled to my human feelings. " What, I wonder are her human feelings about the letter from a child-abuse survivor who wrote, " Let me tell you what false memory syndrome does to people like me, as if you care. It makes us into liars. False memory syndrome is so much more chic than child abuse.... But there are children who tonight while you sleep are being raped, and beaten. These children may never tell because 'no one will believe them.'" " Plenty of " Plenty of people will believe them," says Loftus. Pshaw! She has a raucous laugh and a voice with a bit of wheedle in it. She is strange, I think, a little loose inside. She veers between the professional and the personal with an alarming alacrity," she could easily have been talking about herself. "

106 " Two other highly vocal FMSF Advisory Board members are Dr Elizabeth Loftus and Professor Richard Ofshe. Loftus is a respected academic psychologist whose much quoted laboratory experiment of successfully implanting a fictitious childhood memory of being lost in a shopping mall is frequently used to defend the false memory syndrome argument. In the experiment, older family members persuaded younger ones of the (supposedly) never real event. However, Loftus herself says that being lost, which almost everyone has experienced, is in no way similar to being abused. Jennifer Freyd comments on the shopping mall experiment in Betrayal Trauma (1996): “If this demonstration proves to hold up under replication it suggests both that therapists can induce false memories and, even more directly, that older family members play a powerful role in defining reality for dependent younger family members." (p. 104). Elizabeth Loftus herself was sexually abused as a child by a male babysitter and admits to blacking the perpetrator out of her memory, although she never forgot the incident. In her autobiography, Witness for the Defence, she talks of experiencing flashbacks of this abusive incident on occasion in court in 1985 (Loftus &Ketcham, 1991, p.149)In her teens, having been told by an uncle that she had found her mother's drowned body, she then started to visualize the scene. Her brother later told her that she had not found the body. Dr Loftus's successful academic career has run parallel to her even more high profile career as an expert witness in court, for the defence of those accused of rape, murder, and child abuse. She is described in her own book as the expert who puts memory on trial, sometimes with frightening implications.She used her theories on the unreliability of memory to cast doubt, in 1975, on the testimony of the only eyewitness left alive who could identify Ted Bundy, the all American boy who was one of America's worst serial rapists and killers (Loftus & Ketcham, 1991, pp. 61-91). Not withstanding Dr Loftus's arguments, the judge kept Bundy in prison. Bundy was eventually tried, convicted and executed. "