Category Archives: Marketing

SWOT Analysis of #12daysoftomsbeard

A SWOT Analysis is a Strength, Weakness, Opportunity, and Threat Analysis. Here I am using an outline partly based on an unpublished paper I wrote for Marketing 5000 class last spring to create a SWOT analysis for the #12daysoftomsbeard project. My unpublished paper, titled “(Name of Fantasy Company) Marketing Plan” was based on an assignment and outline given to us by Webster University professor Dr. John Jinkner.

I’m going to publish a small portion at a time, because it will take some time to write. I hope you enjoy it!

12daysoftomsbeard
selections from #12daysoftomsbeard 2020/21 season

I. Executive Summary

#12daysoftomsbeard is a conceptual art project engaged in by Carolyn (Me) and Tom Winkelmann as part of our annual Christmas tradition. This is a young tradition for us, having been recently practiced for only the second year in a row.

The activity was inspired by several things. I have a long history of engaging in conceptual art through Mail Art, the ‘zine scene, and various art experiments involving photography, handmade books, ephemeral art installations, Pop Art, Dadaism, and more. There are two definitions of conceptual art in an interesting article I found, “If You Don’t Understand Conceptual Art, It’s Not Your Fault”. One definition, the one I gave to my husband off the top of my head while I explained why I wanted to take pictures of him with things in his beard, is that conceptual art is a form of art where the idea is the art and the tangible object created is not considered important. The other definition in the article is that conceptual art is a set of plans or strategies (Kaplan).

Tom has been letting his beard grow more often and is frequently teased about his beard by his family. Last year I decided it would be fun to turn the teasing into humor and art so I showed up at Christmas Day celebrations with colorful paper circles and squares with a few collage elements on them and writing implements for family members to color and draw on to put in Tom’s beard to take pictures of. The idea for hanging paper or art items from a beard is not original with me, there are people who use their beards as mini art galleries and vehicles for Christmas decorations.

I invited family members, many who I know like to paint and color, to use pens and markers to add to the paper pieces, which I then clipped to Tom’s beard with mini clothespins. Then I took photos for Instagram and posted one each day for 12 days, with the hashtag #12daysoftomsbeard. The idea for hanging paper or art items from a beard is not original with me, there are people who use their beards as mini art galleries and vehicles for Christmas decorations.

Examples of beard art at #12daysofbeardmas and Italian artist Fulgor Silvi's beard gallery.
Examples of beard art at #12daysofbeardmas by Doug Torpey  and Coleton Williams, and on the right Italian artist Fulgor Silvi’s beard gallery.

Since I like to art journal as a creative development and self-care activity, when I was done taking pictures of the paper pieces in Tom’s beard, I mounted them on art journal pages, some of which I planned to exhibit in the then upcoming art show, Back To Our Roots which opened in February 2020 at the historic Arcade building in downtown St. Louis.

Beard art and art journal samples
On the left is one of the #12daysoftomsbeard pictures from the 2019/2020 holiday season. In the middle is shown a tray of the paper pieces I was using last year, and a couple of the art journal pages that made use of paper beard pieces after the photos were taken. The green page at the center right was used in the Webster University art and literary magazine. The right photo shows my installation of collages on the wall at the Back To Our Roots art show opening night, and the shelf below holds three art journals that visitors were allowed to page through. The little green pieces of paper you see on the shelf were for visitors to take if they wanted to. The paper pieces featured a QR code that people could scan and view with their smartphones in case they wanted to read more about the journals in an artist statement I wrote. The artist statement grew a lot bigger than I was expecting and I’m actually still adding content from time to time, trying to finish it.

II. Environmental Analysis

There were several parts to the #12daysoftomsbeard project as executed in the 2020-21 holiday season. Since I was anticipating only distance Christmas activities due to the pandemic, I decided to send out tags and invite people to alter them and send them back to take picture of in Tom’s beard.

Greeting cards with materials inviting participation in #12daysoftomsbeard
Greeting card with materials inviting participation in #12daysoftomsbeard

1. I made a black and white version of collages that Tom and I made together to use in our Christmas cards, then had copies printed out on white cardstock. I traced shapes from Christmas cookie cutters onto the back of the cardstock and cut out shaped tags. I made stickers for the backs of the tags that explained the project and featured a QR code so that people could easily check the results of the #12daysoftomsbeard Instagram feed with smartphones if they wanted to.

2. I put tags in most of the Christmas cards we sent out. I also included in many of cards some scrap paper pieces and examples of faux postage that Tom and I made to use in Christmas artwork, for people who might want to join in but don’t have a ready supply of art materials around. Some of the paper scraps were examples of Christmas faux postage that I’ve made on my own and with my husband so if people didn’t end up using them in the project they might want them for some other craft or just something to look at as part of a Christmas greeting.  For a few of the people that we hand-delivered cards and gifts to, we punched a hole at the top of a tag, attached a loop of cord for hanging, and put one on their doorknob.

Social media header promoting #12daysoftomsbeard
Social media header promoting #12daysoftomsbeard

3. I made a graphic to use as a social media header that included the QR code and images from last year’s beard series to raise anticipation and awareness. I also wanted to cheer people up with some bright colors since I knew a lot of people who were feeling sadness over separation from loved ones and the loss of loved ones during the holidays. I know from personal experience that the holidays and winter are often difficult for many people even in more typical years depending on their current situation in life.

4. To help people get started sooner if they were eager, since we weren’t as early as I would have liked getting our cards mailed, I made graphic that people could download and print out that had tag templates on it, instructions and the QR code.

#12daysoftomsbeard
#12daysoftomsbeard

I posted the template graphic in social media for download, and mailed and emailed a few copies to people I thought might be particularly interested.

Colorful paper pieces made for #12daysoftomsbeard.
Colorful paper pieces made for #12daysoftomsbeard.

5. In keeping with the theme of bright rainbow colors I had started, I prepared 12 little collages made from colorful upcycled hardware store paint sample cards so that I would have something to put in Tom’s beard if no one sent me any art pieces to use. On some days I made extra items to fit the color theme of the day and also incorporated found objects if I was inspired. For example, those two guys in the right picture above were cut out from a piece of junk mail. Some of the paper pieces there were parts from older Christmas card designs.

Purple day - I rummaged through a box of stuff I had for making crazy ornaments, and got some purple floral pieces and some plastic jewels. My Dad made the tag on the right and I made the paint sample collage. Tom and I made the stars for the glasses together. Yes we both like Bootsy Collins! Here you can see how much fun and color the filters add to the photos.
Purple day – I rummaged through a box of stuff I had for making crazy ornaments, and got some purple floral pieces and some plastic jewels. My Dad made the tag on the right and I made the paint sample collage. Tom and I made the stars for the glasses together. Yes we both like Bootsy Collins! Here you can see how much fun and color the filters add to the photos.

6. When taking the pictures, I had a lot of fun experimenting with different eyeglasses on Tom and taping things to the lenses of my clear protective goggles to make crazy compositions. I installed some new photo filters on my smartphone to make the pictures even more fun and colorful before I posted them to Instagram.

Here are a few of the sequential header graphics I made to show each day being filled in. I had to make two "pink" days to compensate for an issue that came up that I'll write about later in this paper.
Here are a few of the sequential header graphics I made to show each day being filled in. I had to make two “pink” days to compensate for an issue that came up that I’ll write about later in this paper, that’s why the last graphic is wider.

7. Tom and I were feeling lonely over the holidays and thought that since we were staying home, it might be fun to have a New Year’s Eve themed #virtualartparty, an ongoing series of online meetings I started when the pandemic began, with the purpose of cheering people up who were missing out on their usual social activities.

Griffin still doesn't look too happy in this picture. It was taken a few days after she was sick to show my Dad she was doing a lot better. She looks a lot happier now!
Griffin still doesn’t look too happy in this picture, it was taken a few days after she was sick to show my Dad she was doing a lot better. We were so sure she was going to go on Dec. 31 that we invited Tom’s former roommate over to say goodbye. We were grateful at the time of this picture that she was holding her head up. These days she is acting pretty normal and doing a lot more than that.

We ended up cancelling the New Year’s Eve edition of #virtualartpary because our cat Griffin was terribly ill that day and we were sure we were going to lose her. Griffin has been with my husband for 21 years and Tom needed my support and attention so he could be with Griffin, and I thought we were going to be dealing with grief on New Year’s Eve and not in the mood for a party. But to our grateful surprise, Griffin recovered and is doing very well now. At her age we know she won’t be around that much longer, but we aren’t eager to lose her any earlier than we have to.

I had been planning to talk about #12daysoftomsbeard on December 31 as part of the #virtualartparty, the timing made sense since I was taking a daily photo from December 25 through January 6. I made some sequential social media header graphics with colorful beard pictures and the hash tag #virtualartparty to help build interest. I didn’t have time to make a header graphic for each of the 12 days, but maybe next year I should.

A. The Marketing Environment
Even though #12daysoftomsbeard is not a commercial activity, we do need to market the project in order to persuade people to participate.

1. Competitive forces. Other sources of entertainment, amusement or hobby activities are the main competition for the attention and time that potential participants might allow for just understanding what our #12daysoftomsbeard project is, much less time to participate. With the amount of time that people spend in front of a screen or with a smart device in their hand, it is difficult to get anyone’s attention away from anything that isn’t corporate in origin. As Dr. Jim Taylor lamented in an article for Psychology Today, the nations of the former Soviet Union, Italy, Spain, Germany and nations conquered by the NAZIs, Cuba and North Korea have experienced decades of suffering because aspects of their authentic culture were abusively removed and replaced with a synthesized totalitarian culture (Taylor, “Popular Culture: We…”). I would add China and the United States to that list also. Dr. Taylor’s article reminds us why there are so many organizations throughout the world dedicated to cultural heritage and cultural preservation. I quote Dr. Taylor in this excerpt:

“As individuals, a genuine popular culture instills a sense of ownership and empowerment in our society because each of us knows that we contribute to that culture. We are more likely to act in our society’s best interests because we know that those best interests are also our own. An authentic popular culture also gives us a sense of shared identity, meaning, and purpose that transcends differences in geography, race, ethnicity, religion, or politics. All of these then encourage us to lead a life in accordance with our culture’s values and norms because they are our own (Taylor, ‘Popular Culture: We…’)”

In other words, if we throw away our authentic culture for synthesized corporate culture we should not have to wonder why so many of our citizens have been programmed to serve the interests of large corporations so thoroughly that they are literally waging war on their behalf with people that they formerly were able to co-exist with. Many people trust screens far more than they trust friends, neighbors and even family members that they have known for decades. The manner in which many people experience the world is corporate-based with life beyond a screen regarded as if it is fiction. They allow corporations to tell them what the world outside is like instead of going out and finding out for themselves. People are told that their own judgement is not to be trusted and they need corporate “fact-checkers” to tell them what is ok to read or hear about. I overheard art teachers as far back as the 1980s trying to urge some of my fellow art students to use their own authentic experiences and senses of self to create art instead of just drawing corporate cartoon characters and corporate based entertainment characters and content. I know so many people, who if you removed corporate consumer culture from the topics they could talk or think about, there would be almost nothing there. Teaching art or trying to market an art activity without corporate branding attached to it is inherently very difficult. We know that children can’t distinguish advertising from entertainment, that is widely acknowledged, but I don’t know many people who admit that a lot of adults can’t either. Most people I know aren’t aware that when they are entertained they are actually being marketed to and they are not the customer for the entertainment – the advertisers are the actual customer.

The #12daysoftomsbeard project is not completely devoid of corporate content because it includes found objects and some clothing with logos. However, by basing it on the universal human experience of personal grooming and running it from December 25 to the Feast of the Epiphany (the day we Catholics observe it, my understanding is it varies depending on tradition), I intended to bring attention to authentic human and authentic Christian culture and away from the corporate way of celebrating Christmas for just a little while, just to give Tom and I and others a break and a reason to look at each other while really seeing and interacting each other. What would my slightly weird Christmas cards look like next to other cards designed by corporations? What do people think when they see the resulting pictures? What did they think about while making an art piece to send back?

Works Cited

Kaplan, Isaac. “f You Don’t Understand Conceptual Art, It’s Not Your Fault.” Artsy, 2016, www.artsy.net/article/artsy-editorial-if-you-don-t-understand-conceptual-art-it-s-not-your-fault. Accessed 22 January 2021.

Mitchell, Grant. “Strength, Weakness, Opportunity, and Threat (SWOT) Analysis.” Dotdash, 2020, https://www.investopedia.com/terms/s/swot.asp. Accessed 15 January 2020.

Taylor, Dr. Jim. “Popular Culture: Too Much Time On Our Hands.” Psychology Today, 2009, www.psychologytoday.com/us/blog/the-power-prime/200909/popular-culture-too-much-time-our-hands. Accessed 15 December 2020.

—. “Popular Culture: We Are What We Consume.” Psychology Today, 2009, www.psychologytoday.com/us/blog/the-power-prime/200912/popular-culture-we-are-what-we-consume. Accessed 15 December 2020.

Pulling Your Own Strings

Pulling Your Own Strings is a book by the late Dr. Wayne Dyer that I’m re-reading right now for the umpteenth time. My copy is so battered the front cover is gone. I’m going to re-read a little each morning to help get the day started in a productive frame of mind. It’s been too long since I last picked this book up, so I’m going to remedy that by re-reading and quoting from it frequently. It would get tiresome to keep doing that on this blog, so after this post I think I’ll use my new MeWe account if I feel moved to quote and comment. I learn better when I analyze and write about what I read. Some things are hard enough to achieve in real life that I have to re-learn them many times over.

I read three of Dr. Dyer’s books in the late 1980s and early 1990s. I knew he had become somewhat of a TV personality after that but since I’m skeptical about what is on TV I stopped being interested in his work, so I can’t analyze what he did after the first three books I read. But one thing I do know – after re-reading parts of Pulling Your Own Strings while writing a recent research paper I realized whatever turn his career took after I read these books, I need more than ever to master this material. I have a lot of life experience since I first read this book, and have read many many many more books, including quite a few on the topics of mental health and psychology. In my opinion this book not only stands the test of time but is even more relevant now than when it was written – I think the obstacles against being a free-thinker have grown in the intervening years rather than lessened.

It’s easy to get discouraged when you get blowback as a result of asserting your rights in personal life, business life or public life. Abusers, mostly called victimizers in this book, will try to convince you that you are wrong for asserting your own agency. They want you to think it’s because they are more worthy than you, more moral or superior in some way and you are the one who is wrong. In many cases, the only thing you are doing “wrong” is being in the way of their agenda. You have the right to set your own agenda. You are not obligated to go along with someone else’s agenda unless you choose to freely. I admit to being afraid of the consequences sometimes. If you call someone’s bluff, they often will back down but sometimes they attack and do damage. But the price of not asserting your rights is also very high. To put things in perspective, when we got our stimulus checks last summer there was a lot of discussion about how to spend them and I was interested in asking what people did with them to get an idea about their priorities and values. A portion of mine went to help free a family from slavery in a brickyard in Pakistan. I got to see pictures of the family on their liberation day. When I think about it, it’s a reminder that although the cost of standing up for your rights may be very high, the cost of not doing so could be much higher.

Here is today’s quote, excerpts from page xiv:

“… I believe that you must often be assertive, even pugnacious, to avoid being victimized.

Yes I do think you must often be unreasonable, “insubordinate,” to people who would manipulate you. To be otherwise is to be victimized, and the world is full of people who would love you to behave in whatever ways are most convenient for them.

…individuals have the right to decide how they will live their lives, and that as long as their exercise of this right does not infringe on the equal rights of others, any person or institution that interferes ought to be viewed as a victimizer.” – Dr. Wayne Dyer

Many of the institutions I’m entangled with for marketing purposes have become blatant victimizers. Many of my business plans for this year are going to have to be changed and I will probably suffer some financially by getting off to a sluggish start as I focus on slowly disentangling myself. I was looking forward to starting off the year with some topics that were more fun than the classes I took last fall, but some of that time I have to devote to more pragmatic concerns – I’d much rather write about fun creative projects. I’m going to be spending some time working on breaking some of the chains I was manipulated into affixing to myself. I don’t know all the answers, especially since the situation is fluid and any internet-based tool at my disposal can be shut down at any time without warning and without recourse, but whatever I’m able to learn while doing so I’ll try to share with my readers. I’m over the halfway point of a Masters Degree in Advertising and Marketing Communications (excluding electives). The amount of knowledge I’ve taken in during that time I liken to seeing the world in black and white then having it switch to color. Imagine what is still coming! It’s as exciting as it is scary – some of it will be contrary to the agenda of very powerful corporations and government institutions, hidden or manifest, but of course not to the Constitution (as now written) or the rights of others. I’m not going to be manipulated into violating my ethics because my soul would be a loss to me greater than any other.

Dr. Dyer said on page xiv that Pulling Your Own Strings is written for people “who want their own freedom more desperately than anything else”. Unfortunately that’s how I was made and this time in history is going to be trying in ways I probably still don’t fully comprehend.  My husband is united with me in our philosophy about freedom and since he is the only human person I’m accountable to by way of sacred vows or oaths, we are ready!

Edit – read more about “deprogramming” I oppose in this article – Deprogramming . . . You!

Here is the infamous #ExposePBS video about the same topic – “PBS Principal Counsel Lays Out Violent Radical Agenda…”

Can Laws Protect The Public From The Media?

Here are some of the sources I collected for this paper - didn't end up using them all but could have if I kept going!
Here are some of the sources I collected for this paper – didn’t end up using them all but could have if I kept going!

I turned in my final paper for Media Organization Regulations last night. It was already a lot longer than it needed to be for the assignment, but I would have kept writing more if I had more time, right or wrong!

 I am not an attorney or law student. Edit 12-22-20 – I found and fixed a couple of typo-type errors in the Works Cited section.

After seeing my grade, I did ok on this paper but I didn’t do great. I want it to be great. My professor left me some comments about things she thinks I should have included. It is possible that I will publish a revised version of this paper incorporating the professor’s suggestions. When/if I do that I will have to double-check how to give proper credit for that sort of thing in an academic paper in the MLA format because I’m being trained in academic writing and academic integrity as I go as well as in course material. Before starting this degree in 2019 I hadn’t written an academic paper since 1993. What you will read below is unedited from when I submitted it except for two typos in the credits section. When/if I revise it further I’ll make that clear in the proper format.

At the end I have links to sources, and after that links to other posts on this blog that are on related topics in case you think the subject is interesting and want to read more. I’ll also link to the Pinterest board I use to help collect and organize sources I might use. Enjoy!

Carolyn Hasenfratz Winkelmann
Geri L. Dreiling, J.D.
MEDC 5350: Media Organization Regulations
20 December 2020

Can Laws Protect The Public From The Media?

Physical abuse of women in history has been mostly allowed to go on without consistent punishment until the 1990s.  Hundreds of years of beliefs that abuse victims deserve it, that the perpetrators who are punished are the real victims, or that abuse victims must be lying will likely take generations to diffuse because they were validated by hundreds of years of attitudes as well as the lack of prohibitive laws.  Another obstacle abuse victims have to face is a lack of enforcement even when there were applicable laws on the books (Bancroft 321).

In our culture, physical violence against domestic partners is slowly becoming less acceptable.  It is not as common as it used to be for family members, neighbors, or bystanders to look the other way when they witness abuse.  Some schools even teach children that they are entitled to safety from family members in their home instead of only strangers outside of it when they are teaching them how to call 911 for help (Bancroft 293).

Even though emotional and economic abuse can inflict severe harm, there are not as many legal preventive measures or remedies available for mental abuse as there are for physical violence (Bancroft 293).  It is difficult to promote awareness of the seriousness of emotional abuse when physical abuse has only been taken seriously in very recent history (Bancroft 321).

Negligent infliction of emotional distress, or NIED, is a tort that can be used in a suit against someone who carelessly caused emotional harm to another person (Trager et al 184).  A plaintiff hoping to win such a suit must be able to prove the following facts (Trager et al 184):

  • The defendant had a duty to use due care in interactions with the plaintiff.
  • The defendant acted negligently while failing to use due care.
  • The plaintiff has suffered injury.
  • The injury can be proven to be caused by the plaintiff’s negligent actions.

Attempts have been made to bring NIED lawsuits against the media as well as individual abusers, but they usually are not successful (Trager et al 185).  It is difficult for the plaintiff to prove proximate cause, that is, a reasonable finding that the defendant’s actions were directly to blame for the plaintiff’s injury (Trager et al 184).  It is theoretically much easier to prove that a media plaintiff was negligent because there are ample studies showing how media members should behave if they care about the public’s well-being, but negligence alone is not enough to win a suit (Trager et al 184-185).

If the behavior of the media defendant is so outrageous that “a civilized society” would consider it “intolerable and beyond all bounds of decency” then the potential tort might rise to the level of intentional infliction of emotional distress, or IIED (Trager et al 179).  The plaintiff must still prove direct causation (Trager et al 179).  In addition, if the plaintiff is a public figure, the defendant must be proven to have acted with actual malice, that is “publishing with knowledge of falsity or a reckless disregard for the truth” (Trager et al 181).  Even actual malice is sometimes not actionable if the courts interpret the defendant’s actions as satire or parody, or if the subject of the offending speech is about a matter of “public concern” (Trager et al 184).

One reason the media has so much latitude is because the founders of our country considered a free press and freedom of speech to be so important that they specified those rights in the First Amendment (Baran and Davis 30).  When members of the media are criticized for having harmful effects on our culture, they argue that they are not that influential, that they reflect society but don’t have the power to shape it.  At the same time, the media tells advertisers they can give them a good return on their investment and if an organization is of any significant size, be it government, nonprofit, or business, they spend money and resources on maintaining a public relations department (Baran and Davis 30).  A belief that media IS very influential is apparently coming from somewhere.

There has been disagreement among theorists, academics, government officials, media companies and the public about how legally free from restraint the media should be ever since there was such a thing as media (Baran and Davis 62-63).  The idea of technocratic control was considered and debated in the United States but ultimately rejected, at least if it was framed as control by the government.  Technocratic control is “direct regulation of the media” by technocrats, people considered to possess the correct values and skills to regulate media for the welfare of the public (Baran and Davis 62).  One of the reasons government technocratic control was rejected in the United States in the 20th century was because there was no consensus on who was qualified to have that power (Baran and Davis 62-63).  Regulations that applied in certain situations that passed First Amendment tests have been enacted over the years and are sometimes thrown out by the courts when re-tested.  The limits are renegotiated constantly from both the direction of greater freedom and the direction of more control (Baran and Davis 63).

Part of my incentive in choosing in this paper to examine parallels between domestic abusers and media abusers is the observation that both groups have the characteristic of constantly testing limits, like predators looking for weaknesses and loopholes to see what their targets and society will let them get away with.  Awareness and legislation often lag behind the latest technological developments and technocracy strategies.  Another reason is that abusers and media utilize many of the same manipulative techniques.  Does the media share some of the same motivations as domestic abusers?  Neither group can be trusted to be forthcoming about their intentions because of course they are more effective when their tactics are opaque – one can only judge by observing patterns of behavior.

There is another parallel between domestic abuse and media behavior that could be examined from a regulatory perspective.  In considering the pattern of legal intervention in abuse, physical harm was an obvious effect of abuse to be considered worthy of attention by the law.  When consumer products began to be subject to regulation in the United States, the danger of physical harm to the public was also an issue addressed early on.

Consumer protection laws began to be enacted in some US states as early as the mid-1800s to protect the public from adulterated food and drugs (Pride and Ferrell 78).  The federal Food and Drug Administration (FDA) was created to assume responsibility, formerly handled by the Department of Agriculture, for testing agricultural products (“The History of FDA’s…”).  The 1906 Pure Food and Drugs Act was a continuation this public safety work as the regulatory body evolved into what we know as the FDA by the 1930s (“The History of FDA’s…”).  There was a further push for increased legislation designed to reduce physical harm from products, their advertising, and labeling in the 1960s and 1970s (Pride and Ferrell 78).  Today there are several additional federal agencies created to help protect consumers.  Some of the major ones are the Federal Trade Commission (FTC), the Consumer Product Safety Commission (CPSC), the Federal Communications Commission (FCC), and the Environmental Protection Agency (EPA) (Pride and Ferrell 80).

Ideas are also products – they can be sold using a lot of the same strategies as tangible goods.  By the 1930s, the notion of regulating harmful ideas was part of the discussion and remains so to the present day (Baran and Davis 68).  An influential compendium of the state of scholarship on media effects, The Effects of Mass Communications, was published by Joseph Klapper in 1960.  Klapper’s opinion was that media was more of a reinforcer than a dictator of current culture because there were mitigating social institutions in peoples’ lives such as churches, families and schools (Baran and Davis 114).  If media actors with self-serving and destructive intentions wanted a strategy for how to break down society to bend more people to their will, it was made readily available to them, however unintentionally, by Klapper and other theorists.

Consumer protection laws of a sort directed at media and advertising do currently exist under the auspices of agencies like the FTC and the FCC.  Normally these laws don’t deal much with physical harm unless the issues are safety related.  Physical injury is however sometimes considered as part of the negligent infliction of emotional distress tort in some states.  It is acknowledged in some jurisdictions that physical assault can cause emotional distress, and severe emotional distress can cause harmful physical symptoms and disease (Trager et al 185).  If the link between the media and emotional abuse is better studied and acknowledged, and the link between emotional distress and physical disease is likewise given due consideration, a pathway to further regulation of media to protect consumers might be blazed through studies of the physical sufferings of those harmed when media abuse goes too far.

The FCC is permitted to regulate broadcast media to an extent because the airwaves are considered the property of the people.  Broadcast stations are thought to have a responsibility to the public due to the people’s ownership of the airwaves (Trager et al 402-403).  It is less clear who, if anyone, “owns” the internet, but it was originally partially developed by US taxpayer-supported institutions (Press).  As of 2015 the amount of foreign ownership of US communications companies was capped at 25% with the then-current FCC commissioner proposing to raise the cap on foreign investment or eliminating it entirely (Traeger et al 404).  The policy that foreign companies would be allowed to own anything that US citizens own or paid to develop is something the FCC could reconsider by following their normal procedures for a change of policy (Traeger et al 401).  Any corporation, association or individual affected by FCC regulations has the legal right to a challenge in Federal appellate court (Traeger et al 402).  Foreign exploitation via international internet scams is rampant all over the world but we still allow access to our citizens by criminals from foreign countries who don’t participate in international anti-fraud measures (“Report international scams…”).  Economic exploitation tips the power balance in the abuser’s favor (Bancroft 156).

Tactics Employed by Domestic Abusers

Here are some of the techniques that abusers use to gain control over their victims (Bancroft 74, 145-146, 213-214, Dwyer 55-56).

  • Ridicule, name calling, insults, put-downs, and sarcasm
  • Distorting what was said
  • Accusing you of doing what they do, or thinking the way they think (projection)
  • Using a tone of absolute certainty and final authority – “defining reality”
  • Turning your grievances around to use against you
  • Criticism that is harsh, undeserved, or frequent
  • Provoking inappropriate guilt
  • Playing the victim
  • Swearing
  • Threatening to harm you
  • Discrediting, spreading rumors
  • Silencing
  • Getting other people to put pressure on you
  • Spreading confidential information (doxxing)
  • Presenting one face in public and another in private to gain credibility and trust
  • Using events from the past or situations that can’t be changed as a reason a person should accept poor treatment
  • Collective punishment
  • Separating the target from sources of support

It is not easy sometimes for us to imagine that our entertainment providers would knowingly set out to abuse us, the consumers.  People often feel warm emotions toward celebrities and providers of entertainment.  A paper by Eduard Sioe-Hao Tan suggests why that might be the case (Tan 45).  “A lay person’s understanding of what it means to entertain somebody involves being amusing or giving pleasure, activities associated with being a good host to a guest.”  The entertainer may be considered responsible for voluntarily rendering a personal service to the viewer (Tan 45).

One trap that is easy for consumers to fall into is to forget that we are not really the ultimate customers for most entertainment products – the advertisers and sponsors are.  We may be the audience, but we are not the customer.  When considered in that light, it is a little more understandable why entertainment and media companies would be willing to actively abuse us, or at least not care if we become collateral damage.

In an article for Psychology Today, Dr. Jim Taylor proposed that what we now call “popular culture” is no longer a reflection of the genuine culture of the people, but an artificial, media-cultivated corporate culture that he names “synth culture” (Taylor “Popular Culture…”).  Cultivation Analysis is the theory that the media present a view that does not necessarily reflect reality, but because people believe it does, reality changes to conform to the media (Baran and Davis 287).  As early as the 1950’s, architects were creating buildings and landscapes to conform to movie and television versions of reality.  The cultural landscape known as Disneyland, for example, was the product of a media corporation and was not merely appealing to existing media-cultivated tastes but actively implanting them (Hine 150-152).

If the culture we have is not based on the genuine culture of the people but is deliberately planted there by the media, I postulate that if we don’t already have it, we will end up with a government that is no longer “of the people, by the people, and for the people,” but is of the self-appointed media technocracy whose primary interest is in exploiting us (Taylor “Popular Culture…”).  It’s obvious which political direction the technocracy wants us to go.  If we ask why, the large media corporations have the power to remove questions from public debate through moderating content and banning users with certain views even though they claim immunity under Section 230 of the Communications Decency Act (“Does Section 230’s…”).

The Rewards of Being Abusive

Above I have listed some of abuser’s techniques – now I’ll provide some of the possible incentives that motivate people to abuse other people.  Abusers enjoy the following advantages and privileges in life (Bancroft 43, 152, 153-158):

  • Abuse victims change their behavior and work to bolster the abuser’s self-esteem to win approval or tolerance.
  • Abusers gain the freedom to behave as they desire without restraint while getting lots of attention.
  • After being catered to, they get praise for being a great person and improve their public image when they act decent.
  • The comforts, privileges, and financial advantages of being catered to are too attractive to give up.
  • The thrill of having power is a seductive feeling.
  • The abuser can pick and choose low-stakes situations to act altruistic so that they can cultivate a positive image without making any actual sacrifices.
  • Abusing others can give the abuser temporary relief of frustration at life’s annoyances.
  • Others can be coerced into performing unwanted tasks or giving up resources, resulting in better quality of life or gratification for the abuser.
  • When people are deprived of financial resources or financial autonomy, they are much easier to control.
  • The abuser’s goals are prioritized while others are diminished. The abuser escapes consequences while others who would dare to engage in the same behavior are held accountable.
  • The abuser receives peer approval from the surrounding culture.
  • Disunity among a group gives the abuser more power by directing attention into fighting among themselves rather than holding the abuser accountable.

Abuse Examples and Comparisons

Here are a few examples of how members of the media have used abuse techniques to advance their agenda while disregarding the harm to individuals and society.

Abuse Example 1

Abuse benefits:  Abuse victims change their behavior and bolster the abuser’s self-esteem to win approval or tolerance.  Others can be coerced into performing unwanted tasks or giving up resources, resulting in better quality of life or gratification for the abuser.  Financial resources are often something abusers work on transferring from their targets to themselves (Bancroft 155-156).

Abuse tactic:  Using a tone of absolute certainty and final authority – “defining reality”.

Media example:  The highest status people in our culture tend to be doctors, lawyers, professors, executives, politicians, sports figures and entertainers (Dwyer 19).  Some of these people are at least well-educated, but many have no more knowledge or ability about most issues than we do.  When people are catered to as though they are of a higher status than the common person, they often feel entitled to treat us as inferior and expect us to defer to their authority (Dwyer 19).

News content producers can be an example of media using their sense of entitlement and branding skills to claim authority they have not really earned.  Before the 1970s, news programs were offered as a public service and run at a loss to the station in exchange for the right to use bandwidth on the limited public airwaves.  Released from that obligation, many news programs still claim the image of public service while earning large profits by featuring “sensational, sentimental or dramatic” stories that will attract mass audiences for their advertisers (Silverblatt et al 119).  In return for their airwaves generating profits for media companies, the public gains at best only low-quality entertainment disguised as news, and possibly manipulation, abuse and ill health.

Some prominent social media companies have recently declared themselves to be authorities on objective truth, supposedly in the service of their users, who they see as not as qualified to judge as their own self-declared technocracy.  They employ “fact checkers” to distinguish between beneficial and harmful content.  A couple of the areas they recently claim special authority on are Constitutional law and medicine (Lucas, “Does Section 230’s…”).  When a technocracy was originally considered for the United States in the 20th century, sufficiently wise people, such as social scientists, religious leaders, the military, the police, Congress and the FTC were considered as members (Baran and Davis 62-63).  Investigative journalists have been trying to investigate today’s new technocracy.  In documenting the harsh working conditions of Facebook content moderators, journalist Casey Newton found that most of Facebook’s content moderators are employees of outside contractors.  At one facility in Phoenix, content moderators are paid $28,800 per year as compared to the average Facebook employee compensation of $240,000 (Newton).  Facebook periodically audits the contract workers for accuracy, with accuracy defined as what Facebook decides it is.  It is unclear what the educational qualifications are to be a contracted content moderator or a Facebook employed auditor (Newton).

Abuse Example 2:

Abuse benefit:  The abuser receives peer approval from the surrounding culture.

Abuse tactic:  Provoking inappropriate guilt.

Media example:  Netflix aired a documentary showing walruses falling to their deaths from a cliff, claiming the deaths were caused by climate change.  In actuality, the falling walruses were chased by polar bears, and possibly were even frightened by the film crew’s disturbing presence in the area and noisy equipment (Foster).  Netflix gained the benefit of appearing to be socially responsible while directing attention away from their own possible culpability.  As professor of space architecture and author Larry Bell commented in Forbes, phenomena that we used to be taught were natural, such as earthquakes, “hurricanes, droughts, floods, blizzard cold weather conditions and such” are now our fault and we are pressured to feel guilty (Bell).

Many celebrities have shared mis-identified fire photos on social media, claiming they are current and from the Amazon rain forest, when they were sometimes not current and taken somewhere else (Richardson).  Perhaps they feel less guilty about their lifestyles for spreading these often unverified messages, while at the same time enjoying social approval from their peers without having to actually sacrifice anything.  One of the privileges abusers regularly enjoy is to feel better while others around them feel worse (Bancroft 31).

What is the cost to mental health of this constant bombardment of what some affix the label “tragedy porn”?  Therapy for eco-anxiety is a prominent field of mental health with over 120 practitioners known as far back as 2008 (Bell).  Sufferers of eco-anxiety have reported shoulder pain, fibromyalgia, fatigue, overeating, bulimia, depression and alcoholism (Bell).  96% of respondents of one study on relatively affluent Americans claimed that eco-anxiety changed their ideas about having children, 6% even going so far as to regret the ones they already have (Carrington).  What is it like for a child to grow up as a regret?  In one case a seven-month old baby is going to have to find out what it’s like to live through a gunshot wound in the chest as the only survivor of an Argentinian family killed in a murder-suicide pact apparently precipitated by eco-anxiety (Sacks).

Children and adults alike have been taunted with threats that important cultural traditions like Thanksgiving and Christmas will be ruined or cancelled because of climate change (Watts).  This could be interpreted as doubling down on the effort to induce poor mental health in viewers because religion is one of the well-known weapons against depression, anxiety, substance use disorder, suicidal behavior and poor physical health (Whitley).  Thanksgiving is a secular holiday, not a religious one, but gratitude is something both atheists and theists alike can embrace. However, too much gratitude is not good for the advertising business.  If people get too satisfied with what they already have, they won’t buy as many new things.  The idea that products should constantly be updated in appearance to make old versions obsolete or deliberately made not to last very long became mainstream by the middle of the 20th century in the United States (Hine 66).  The media likes to encourage us to buy unnecessary products  while at the same time promoting guilt in us because excess consumption is bad for the environment.  That behavior results in a triple win for the media/entertainment industry and their advertising clients – they sell more products, appear to be socially responsible for infiltrating our entertainment with guilt messages, and evade accountability for their own environmental misdeeds.

Abuse Example 3:

Abuse benefit:  The abuser’s goals are prioritized while others are diminished. The abuser escapes consequences while others who would dare to engage in the same behavior are held accountable.

Abuse tactics: Getting other people to pressure you, discrediting, spreading rumors, ridicule, name calling, insults, put-downs and sarcasm.

Media example:  Because they claim immunity under Section 230 of the Communications Decency Act, social media corporations such as Facebook and Twitter maintain they are not liable for the actions of their users (“Does Section 230’s…”).  At the same time, they can allow content they approve of and ban content they don’t approve of, boost content they favor and restrict content they disfavor, and promote or suppress users in an equivalent manner.  In that way they can discredit, spread rumors, bully, harass or otherwise pressure whoever they choose by selectively enforcing speech, while avoiding proposed regulation of this privilege by manipulating public opinion to vote for whoever is unlikely to impose regulations that would reduce their technocratic control (“Does Section 230’s…”).

Sophisticated advertisers know what anxieties, fears and insecurities their target audiences are prone to, and they know how to trigger them at will and then offer products and ideas as solutions to the uncomfortable feelings that result (Silverblatt et al 291).  Facebook ran a test in 2012 to see if they could go beyond mere curation and actually prompt the type of content users post on their platform by manipulating people’s moods (Meyer).  They succeeded, and if there was ever any doubt, everyone now knows that they have the power to recruit their users into unconsciously propagating the media’s agendas and those of their advertisers.  Fear and anxiety have been known to be aids to selling products for a long time (Packard 48, 58-59, 221-223).  When Vance Packard published his book The Hidden Persuaders in 1957, the techniques advertisers studied to appeal to our fears and anxieties were still new to the public (Hine 28).  Even though the methods are no longer new, they still work as the Facebook experiment demonstrates (Meyer).  There are a number of possible health related side effects resulting from induced fear and anxiety, including fevers, vomiting, impotence, diarrhea, increased heart rate, fatigue, nausea, sleep problems, reduced ability to fight infections, heart disease, inflammation, irritable bowel syndrome, substance abuse, social dysfunction and suicidal thoughts (Dyer 33, 197-198, Leonard).

Even with the available legal remedies, there is a limited amount that can be done for a victim of physical or mental abuse unless they decide to stop accepting the abuse and take action to use what help is available to assist in freeing themselves.  Many of the harmful mental and physical effects of media can be overcome if individuals make the decision to reclaim their agency and follow up with suitable action.  Abused individuals and abused media viewers are groomed in a similar manner with deceptive seductive techniques that hide the true intent of the abuser.  Abuse and grooming gradually break down the resistance and health of the target to make the target less able to fight and break free from bondage.

Dangerous and addictive products that are regulated as “vice” products perhaps provide a precedent for the legal system and government agencies to regulate abusive media in a similar manner.  “Vice” products are related to activities that are not considered healthy or moral and whose use is controlled to some extent by age-related or other restrictions (Trager 547).  Categories of “vice” products currently include alcohol, tobacco, hookahs, e-cigarettes, drugs, gambling, sexually explicit material, firearms and marijuana (Trager 547, 550).  In the past some of the methods of combating the harm caused by the misuse of these products has taken the form of public service messages and warning labels.  The battle lines which government agencies and commercial interests navigate as they both attempt to advance their opposing goals is constantly in flux, with states and local jurisdictions having a lot of leeway to tighten or loosen regulations on vice products (Trager et al 542-555).  If the media is going to intentionally or negligently affect our health, I think a case can be made for providing media literacy information content on their channels in lieu of labeling on media products in exchange for the benefits their corporate owners enjoy at the public’s expense.

Some forms of media regulation have been allowed by Federal government agencies and the courts in the past to promote the ability of citizens to make informed choices about their health, welfare and the consumption of products and ideas.  Here are a few examples of past attempts by the FCC.

From 1949-1989 the Fairness Doctrine required broadcast stations to provide programming that presented diverse views on controversial topics of public importance (Trager et al 408).

The personal attack rule required broadcasters to provide a rebuttal forum for the subjects of an-air attacks on their “integrity, honesty, or character”.  Because the personal attack rule did not apply to public officials, it had limited power to limit one-sided attacks.  Even that protection for private individuals was eliminated in 2000 (Trager et al 409).

Under the political editorial rule, private broadcasters were required to allow legally qualified candidates for public office rebuttal time in response to editorials aired either against the candidate or in favor of a rival.  The political editorial rule also ended in 2000 (Trager et al 409).  Public broadcasters are not allowed to endorse a candidate but can editorialize on public issues (Trager et al 409), some of which could affect the livelihoods of those who work for public broadcasters and in that case could be one-sided and self-serving.  The taxpayers who fund a portion of public broadcasting involuntarily are afforded no opportunity to rebut (Trager et al 417).

Net neutrality was the requirement for internet service providers to treat all internet traffic equally and not set up paid priority service for preferred content (Traeger et al 423).  Net neutrality was repealed in 2018 (Morton). Some states have started to create their own net neutrality legislation since it no longer exists at the Federal level (Morton).

There was a time when the four above regulations were considered acceptable under the First Amendment.  The First Amendment has not yet changed – not the text of it anyway.  I suggest that as a country we consider bringing some regulations back, as they are possible hedges against the technocracy gaining further power over us and increasing their ability to abuse.

Works Cited

Bancroft, Lundy. Why Does He Do That? Inside The Minds of Angry and Controlling Men. Berkeley Books. 2002.

Baran, Stanley J. and Dennis K. Davis. Mass Communication Theory: Foundations, Ferment, and Future. Seventh Edition. CENGAGE Learning, 2015.

Bell, Larry. “Got Problems? Blame Global Warming.” Forbes, 2011, www.forbes.com/sites/larrybell/2011/03/29/got-problems-blame-global-warming/?sh=55e40cca4e3e. Accessed 17 December 2020.

Broom, Glen M. and Bey-Ling Sha. Effective Public Relations. Pearson, 2013.

Carrington, Damian. “Climate ‘apocalypse’ fears stopping people having children – study.” Guardian News & Media Limited, 2020, www.theguardian.com/environment/2020/nov/27/climate-apocalypse-fears-stopping-people-having-children-study. Accessed 17 December 2020.

“Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior?”. U.S. Senate Committee on Commerce, Science & Transportation, 2020, www.commerce.senate.gov/2020/10/does-section-230-s-sweeping-immunity-enable-big-tech-bad-behavior, Accessed 19 December 2020.

Dyer, Dr. Wayne W. Pulling Your Own Strings. Avon Books, 1978.

Foster, Ally. “Allegations Netflix film crew lied about what caused mass walrus deaths.” Nationwide News Pty Limited Copyright, 2019, www.news.com.au/technology/environment/natural-wonders/allegations-netflix-film-crew-lied-about-what-caused-mass-walrus-deaths/news-story/15b405e0e6f4f3558168d7713fd379f1. Accessed 17 December 2020.

Hine, Thomas. Populuxe: From Tailfins and TV Dinners To Barbie Dolls and Fallout Shelters. MJF Books, 1986 and 1999.

“Is Rape Culture Real? Let’s Take A Look At The Evidence.” Fight the New Drug, Inc., 2020, fightthenewdrug.org/is-rape-culture-real-lets-look-at-evidence/. Accessed 18 December 2020.

Leonard, Jayne. “What does anxiety feel like and how does it affect the body?” Healthline Media, 2018, www.medicalnewstoday.com/articles/322510. Accessed 20 December 2020.

Lucas, Fred. “6 Takeaways as Facebook, Twitter CEOs Testify at Senate Hearing.” The Heritage Foundation, 2020, www.dailysignal.com/2020/11/17/6-takeaways-as-facebook-twitter-ceos-testify-at-senate-hearing/. Accessed 19 December 2020.

Meyer, Robinson. “Everything We Know About Facebook’s Secret Mood Manipulation Experiment.” The Atlantic, 2014, www.theatlantic.com/technology/archive/2014/06/everything-we-know-about-facebooks-secret-mood-manipulation-experiment/373648/. Accessed 20 December 2020.

Morton, Heather. “Net Neutrality 2020 Legislation.” NCSL, 2020, www.ncsl.org/research/telecommunications-and-information-technology/net-neutrality-2020-legislation.aspx. Accessed 20 December 2020.

Newton, Casey. “The Trauma Floor: The secret lives of Facebook moderators in America.” Vox Media, 2019, www.theverge.com/2019/2/25/18229714/cognizant-facebook-content-moderator-interviews-trauma-working-conditions-arizona. Accessed 19 December 2020.

Packard, Vance. The Hidden Persuaders. Pocket Books, Inc., 1957.

Press, Gil. “A Very Short History Of The Internet And The Web.” Forbes, 2015, www.forbes.com/sites/gilpress/2015/01/02/a-very-short-history-of-the-internet-and-the-web-2/?sh=754f19137a4e. Accessed 20 December 2020.

Pride, William M. and O.C. Ferrell. Marketing. 2018 Edition. CENGAGE Learning, 2016, 2018.

“Report international scams online!” International Consumer Protection and Enforcement Network (ICPEN), 2020, econsumer.gov/#crnt. Accessed 20 December 2020.

Richardson, Valerie. “Celebrities get fact-checked after sharing fake photos of Amazon rainforest fire.” Washington Times, 2019, www.washingtontimes.com/news/2019/aug/26/macron-madonna-dicaprio-share-fake-photos-amazon-r/. Accessed 17 December 2020.

Sacks, Ethan. “Seven-month-old baby survives shot to chest in parents’ murder-suicide pact blamed on global warming.” New York Daily News, 2010, www.nydailynews.com/news/world/seven-month-old-baby-survives-shot-chest-parents-murder-suicide-pact-blamed-global-warming-article-1.176034. Accessed 17 December 2020.

Silverblatt, Art et al. Media Literacy: Keys to Interpreting Media Messages. Fourth Edition. Praeger, 2014.

Taylor, Dr. Jim. “Popular Culture: Too Much Time On Our Hands.” Psychology Today, 2009, www.psychologytoday.com/us/blog/the-power-prime/200909/popular-culture-too-much-time-our-hands. Accessed 15 December 2020.

—. “Popular Culture: We Are What We Consume.” Psychology Today, 2009, www.psychologytoday.com/us/blog/the-power-prime/200912/popular-culture-we-are-what-we-consume. Accessed 15 December 2020.

“The History of FDA’s Fight for Consumer Protection and Public Health.” Food and Drug Administration, 2018, www.fda.gov/about-fda/history-fdas-fight-consumer-protection-and-public-health. Accessed 19 December 2020.

Trager, Robert Susan Dente Ross and Amy Reynolds. The law of journalism and mass communication. Sixth Edition. SAGE Publications, Inc. 2018.

Watts, Anthony. “Future Holiday Hell – A Repeating Pattern of Climate Change Doomerism.” The Heartland Institute, 2020, climaterealism.com/2020/11/future-holiday-hell-a-repeating-pattern-of-climate-change-doomerism/. Accessed 17 December 2020.

Whitley, Dr. Rob, “Religion and Mental Health: What Is the Link?” Psychology Today, 2017, www.psychologytoday.com/us/blog/talking-about-men/201712/religion-and-mental-health-what-is-the-link. Accessed 18 December 2020.

Pinterest Board I Use To Collect Sources for Advertising and Marketing Degree Work

Media Analysis – lots and lots and lots and lots of sources on related topics. Some of which I have used, some of which I haven’t.

Blog Posts I Have Written On Related Topics

Winkelmann, Carolyn Hasenfratz. “Freedom of Expression in The Age Of Powerful Technology Corporations”. Carolyn Hasenfratz Design, 2020, www.chasenfratz.com/wp/4051-2/.

—. “The Snapchat Indecency Lawsuit”. Carolyn Hasenfratz Design, 2020, www.chasenfratz.com/wp/snapchat-indecency-lawsuit/.

—. “Attempting to Protect the Vulnerable from Violence”. Carolyn Hasenfratz Design, 2019, www.chasenfratz.com/wp/attempting-protect-vulnerable-violence/.

—. “How do we decide which media sources we can trust?”. Carolyn Hasenfratz Design, 2019, www.chasenfratz.com/wp/3534-2/.

—. “Media Literacy and Interpreting Political Messages”. Carolyn Hasenfratz Design, 2019, www.chasenfratz.com/wp/political-ads-about-political-ads-and-trolling/.

—. “Pride & Prejudice: Light Holiday Entertainment?”. Carolyn Hasenfratz Design, 2019, www.chasenfratz.com/wp/pride-prejudice-light-holiday-entertainment/.

—. “The Spiral of Silence Theory”. Carolyn Hasenfratz Design, 2019, www.chasenfratz.com/wp/the-spiral-of-silence-theory/.

—. “Self-help techniques for depression”. Carolyn Hasenfratz Design, 2018, www.chasenfratz.com/wp/2758-2/.

—. “A Comparison Between Emotional Abuse and Saul Alinsky’s ‘Rules for Radicals’.” Carolyn Hasenfratz Design, 2017, www.chasenfratz.com/wp/a-comparison-between-emotional-abuse-and-saul-alinskys-rules-for-radicals/.

—. “My New Planner Layout”. Carolyn Hasenfratz Design, 2017, www.chasenfratz.com/wp/my-new-planner-layout/.

—. “Book Review: “Surviving a Shark Attack (On Land) – Overcoming Betrayal and Dealing With Revenge” by Dr. Laura Schlessinger”. Carolyn Hasenfratz Design, 2016, www.chasenfratz.com/wp/book-review-by-dr-laura-schlessinger/.

—. “Book Review: ‘Why Does He Do That? Inside the Minds of Angry and Controlling Men’”. Carolyn Hasenfratz Design, 2016, www.chasenfratz.com/wp/why-does-he-do-that-inside-the-minds-of-angry-and-controlling-men/.

—. “Creative Arts Fellowship at DaySpring School of the Arts”. Carolyn Hasenfratz Design, 2016, www.chasenfratz.com/wp/creative-arts-fellowship-at-dayspring-school-of-the-arts/.

—. “A plea for the humane treatment of Wiggles the pet starling”. Carolyn Hasenfratz Design, 2014, www.chasenfratz.com/wp/a-plea-for-the-humane-treatment-of-wiggles-the-pet-starling/.

Contracts and Shared Economy Applications

Here is another homework assignment for my Media Organization Regulations class. Technology opens up new ways of trying to make an income, and new legislation of various kinds often follows after the effects on society and other businesses become manifest. If you are interested in exploring the “gig economy”, “side hustles” or income streams based on assets that you share such as Uber, Airbnb and similar services, you might find this material interesting. I am not a law student or attorney, I am an Advertising and Marketing Communications major. This homework has been graded but I didn’t change anything except an instance of repetitive wording before publishing.

“Carolyn Hasenfratz Winkelmann
Geri L. Dreiling, J.D.
MEDC 5350: Media Organization Regulations
22 November 2020

Contracts and Shared Economy Applications

A contract must include the following elements (“Contract”):

  • Mutual assent – an offer has been made by one party and the other has accepted it.
  • Adequate consideration – there is an agreement to a payment or compensation of some kind for performing the work.
  • Capacity – do the parties meet the legal requirements for being eligible for entering into contracts?
  • Legality – is the purpose of the contract within the law?

Laws of the different states in the U.S. might have different interpretations of some of the elements of the above categories, with allowance for different remedies if a party is in breach of a contract (“Contract”).

A digital contract is a contract in which no paper is used.  The technology used to indicate acceptance of the contract does vary, and there are some types of contracts that cannot legally be executed digitally (O’Connell).  In order for some digital contracts to be valid and enforceable, measures having to do with security and consent must be taken that are unique to digital contracts (O’Connell).  These additional steps don’t have to do with the basic elements of a contract, however – the elements have to be present whether the contract is verbal, digital or written on paper.

In New York City, building owners, called “hosts” in this context, have to follow a strict set of regulations if they want to offer their property for short-term rentals on shared economy web sites such as Airbnb (“How to Navigate…”).  Other cities in the United States have adopted similar restrictions (“How to Navigate…”).

Proponents of these regulations in New York City say they are intended to hold down housing costs, make it more difficult for property owners to dodge taxes, prevent residential buildings from being turned into hotels and to increase property owner compliance with safety regulations (“How to Navigate…”, Kerr).

Those who want more freedom for hosts in managing their own property are concerned that the legislation is designed to help the hotel industry and unions at others’ expense (“How to Navigate…”).

In Brentwood, MO where I own a condominium, if I were to contemplate using it for short-term rentals, I would be subject to any applicable regulations set by the condo complex, the municipality, the county and the state (Capes Sokol).  A quick search shows that city regulations in Brentwood prohibit any rentals of less than 30 days duration in the interests of reserving residential areas for long-term living (Miner).  If I were to attempt to defy the law and create a listing for my condo on a short-term rental shared economy web site, any contract I might enter with a potential customer would be invalid because the purpose of the contract would not be within the law (“Contract”).  Missouri law is silent on shared economy rentals so smaller government entities within Missouri are free to make their own regulations (Capes Sokol).

I’m generally in favor of more freedom rather than less, especially when making decisions about what to do with one’s own property. However, living close to other people does necessitate consideration for neighbors and we already accept a lot of laws that enforce some concessions from members of the community that they might not offer voluntarily. Condominiums and apartments have additional special considerations that detached single family homes don’t have.  I can understand the concerns of someone who thought they were buying a home but find themselves inadvertently living in a hotel.

New York City has taken the additional step of making just creating a shared economy listing for an ineligible property illegal, and punishable by substantial fines (Fishman).  Airbnb is currently challenging this law on free speech grounds and until the issue is resolved New York City is refraining from enforcing it.  At first I thought the city might be going too far, so I decided to look at how they handle advertising for another service that is illegal – prostitution.  In New York law, just to offer the service is illegal (FindLaw), so that seems consistent with the ban on advertising short-term rental listings where they are not allowed.”

Works Cited

Capes Sokol. “Important Considerations for Short-Term Property Rental Hosts in Missouri.”

Capes Sokol, 2016, www.capessokol.com/insights/considerations-short-term-property-rental-hosts-missouri/. Accessed 22 November 2020.

“Contract.” Legal Information Institute, 2020, www.law.cornell.edu/wex/contract. Accessed 19 November 2020.

FindLaw, “New York Prostitution Laws.” Thomson Reuters, 2018, statelaws.findlaw.com/new-york-law/new-york-prostitution-laws.html. Accessed 22 November 2020.

Fishman, Steven. “How to Airbnb in New York City.” Nolo, 2020, www.nolo.com/legal-encyclopedia/overview-airbnb-law-new-york-city.html. Accessed 22 November 2020.

“How to Navigate the NYC Airbnb Law.” Shared Economy, 2019, sharedeconomycpa.com/blog/nyc-airbnb-law/. Accessed 22 November 2020.

Kerr, Dara. “NYC fines Airbnb hosts for ‘illegal’ home rentals.” CNET, 2017, www.cnet.com/news/airbnb-nyc-law-hosts-fined-for-illegal-home-rentals/. Accessed 22 November 2020.

Miner, Doug. “Brentwood clarifies law: no to short term rentals.” 40 South News, 2018, 40southnews.com/brentwood-officials-pass-bill-to-prohibit-short-term-rentals/. Accessed 22 November 2020.

O’Connell, Ann. “Electronic Signatures and Online Contracts.” Nolo, 2020, www.nolo.com/legal-encyclopedia/electronic-signatures-online-contracts-29495.html. Accessed 22 November 2020.

The Holiday Inn Brand and Trademark Concepts

The following is an assignment for my class MEDC 5350: Media Organization Regulations at Webster University.   This one has some pictures in it, so I thought it might be a nice change from the walls of text I’ve been publishing lately!  The only thing I changed since turning it in is rewording some references to graphics because it’s formatted slightly differently.  It’s also available as a Word document here:
“The Holiday Inn Brand and Trademark Concepts” Word Document.

The Holiday Inn Brand and Trademark Concepts

The Holiday Inn brand is a fertile source of imagery for examining legal issues concerning trademark tacking and trademark infringement. The book “American Signs: Form and Meaning on Route 66” by Lisa Mahar examines the motel signage along the historic highway US Route 66 from 1938 to the 1970s in order to explain the economies and cultures behind the forms and themes of motel advertising signs of the time period (Mahar 10). The Holiday Inn lodging chain was founded during this era and the imagery associated with the Holiday Inn brand was influenced by and in turn influenced trends in the motel industry throughout the whole country (Mahar 122, 127).

Credit: “American Signs: Form and Meaning on Route 66” by Lisa Mahar, 2002. Excerpt from page 134.
Credit: “American Signs: Form and Meaning on Route 66” by Lisa Mahar, 2002. Excerpt from page 134.

The diagram above (Mahar 134), demonstrates minor differences in the Holiday Inn logo and signage from 1952-1957. The use of a star and a certain script lettering style is consistent even though the arrangement and number of elements is slightly different.

The following examples show how Holiday Inn added and subtracted elements and slogans to go along with its earlier trademarked elements. The Holiday Inn logo, both one-line and two-line, are registered. The Holiday Inn sign is registered with the US Patent Office, as is the colonial mascot figure that showed up on some advertising pieces and then was later dropped again. The slogans “The Nation’s Inkeeper”, “The World’s Inkeeper” and “Your Host from Coast to Coast” were all registered. The brand’s use of the colors green, yellow and white are consistent in these samples, mostly from the 1970s.

Various Holiday Inn trademarks, mostly from the 1970s.
Various Holiday Inn trademarks, mostly from the 1970s.

Holiday Inn marks demonstrate how “words, designs, colors and other devices” were used to distinguish its services from other lodgers from the 1950s through the 1970s (Trager 523). Trademark tacking is the practice of making changes to a trademark without relinquishing the old marks (Trager 519). The Holiday Inn samples shown above illustrate trademark tacking as the color scheme and script font were used over a long period of time, with other elements such as the stars and colonial mascot added and subtracted.
Following are some examples of motel signs from the classic Route 66 era that are similar to the Holiday Inn sign, to varying degrees. By looking at the dates and contexts of these signs, it seems apparent that the first Holiday Inn sign from 1952 incorporated some elements in signage that were already in use, but as the chain in turn became popular other signs for independent motels were more directly influenced by the Holiday Inn chain (Mahar 126-127).

sign_influence

Did the independent motels with signage similar to Holiday Inn engage in trademark infringement? The use of stars, the sign elements and shapes, the name “Holiday” and the color green were all used in various ways as a result of Holiday Inn’s influence (Mahar 127).

Credit: “American Signs: Form and Meaning on Route 66” by Lisa Mahar, 2002. Diagram from page 127.
Credit: “American Signs: Form and Meaning on Route 66” by Lisa Mahar, 2002. Diagram from page 127.

The law uses the likelihood of consumers becoming confused as one of the criteria to determine whether or not there is infringement (Trager 518). It is not enough for the marks just to be similar (Trager 519). The combination of sign elements with Holiday Inn’s colors and name recognition seems to be distinctive enough to avoid confusion with other brands who might have used a subset of the elements used by Holiday Inn but not all of them combined together.

Works Cited

Advertisement for Holiday Inn. Inkeeker’s Supply Company, Memphis, TN. Circa 1970s. Author’s personal collection.
—. Stationery sheet. Holiday Press, Circa 1970s. Author’s personal collection. 
—. Business reply letterhead. Holiday Inn Lake of Ozarks, Lake Ozark, MO. Circa 1970s. Author’s personal collection.
—. Rate sheet. Holiday Inn Lake of Ozarks, Lake Ozark, MO. Circa 1970s. Author’s personal collection.
—. IMART, Memphis, TN. Circa 1970s. Author’s personal collection.
—. Back of business reply envelope. Holiday Inn Lake of Ozarks, Lake Ozark, MO. Circa 1970s. Author’s personal collection.

“American Signs: Form and Meaning on Route 66” by Lisa Mahar, 2002.
“Motel Sign to Get Face Lift.” Between Friends, Vol 2, Issue 2, Fall 2003, pp. 1.

Rest Haven Court. DePew Advertising, Reeds Spring, MO. Postcard. Author’s personal
collection.

Trager, Robert Susan Dente Ross and Amy Reynolds. The law of journalism and mass
communication. Sixth Edition. SAGE Publications, Inc. 2018.

Winkelmann, Carolyn Hasenfratz. Photograph of Munger Moss Motel. 2006. Author’s personal collection.
—. Photograph of the Gardenway Motel. April 2000. Author’s personal collection.
—. Photograph of Vernelle’s Motel. April 2000, Author’s personal collection.

Barriers to Government and Citizen Communication

The first part of this post is a homework assignment for Strategic Communications Applications class in which I summarize the barriers to government and citizen communication as stated in our textbook, “Cutlip & Center’s Effective Public Relations”. The second section is my own commentary which includes a lot of my opinion, speculation, and things I’d like the opportunity to delve into further to either prove or disprove. What do you think? Is your government a help to your life, a deadweight on your progress, or a mixture of both?

In our textbook are listed many challenges to successful two-way communication between citizens and government (Broom and Sha 356-366).

1. The government is large and complex with many bureaucratic layers that are difficult and time consuming to navigate.

2. Citizens expectations of what services government should provide keep expanding.

3. There is suspicion about the ethics of the entire profession of public relations and the governments that employ them.

4. Actual incidents of government misinformation have occurred, intentional or just not thorough enough, interpreted as lies or spin, such as in the Iraq war buildup.

5. There is a lot of citizen apathy.

6. There is often hostility of legislators to the public relations profession for budget and other reasons, sometimes causing practitioners to choose other areas of expertise.

7. A lack of journalists to cover government activity thoroughly.

8. When it comes to distributing information, government and media often have different agendas.

9. The job of informing the public is too large for anyone to do well.

10. Unlike a business with a more limited scope, a government has to attempt to please everyone rather than cater to one public in particular.

Works Cited

Broom, Glen M. and Bey-Ling Sha. Effective Public Relations. Pearson, 2013.

My Further Commentary

Here are some factors I’ve considered that the book did not mention, based partly on my own opinion, perceptions and experiences. I’ll put in any links and citations I can find as I go, exploring ideas that I can bolster with other sources.

A. Some members of government agencies represent their departments poorly and abuse their power over citizens, building mistrust. This apparently is what happened to my husband and I when we started putting in a rain garden to help cope with excess storm water. I documented all that in these two blog posts of mine and my final project for this course, Strategic Communications Applications, will partly be an attempt to analyze and find motivation for these actions against us.

B. News media is no longer the watchdog over government that it once was, due to more activist news coverage (Broom and Sha 365), or was perceived to have been. There is more than one reason for this in my opinion.

    • 1. Because traditional “old media” institutions are losing revenue to other channels, they are concentrating more on their social media channels. News on social media tends to be less informative, more opinion based, less accurate, and posted by journalists who are less constrained by ethics or standards than in the past (“The Impact of…”). Much content is only created to get views and clicks in order to sell ads and does not need to have much substance or even be true in order to meet the goals of the media organizations who publish it (Johnstone).
    • 2. Investigative journalism about government takes a lot of time and money to produce, and available money and staff are more limited (Grieco). Journalists can get stories with less time and effort by just repeating statements from sources without confirming or investigating (Johnstone).
        “Journalists wanted information to be easily available, yet resented the men and women who made it available. By the mid twentieth century, journalists were dependent on PR practitioners for a large percentage of the stories appearing in newspapers. But admitting their dependence would shatter cherished ideals. Journalists were proud of their ability to uncover stories, verify details, and expose sham. Thus, they were unlikely to admit their dependence, lack of skepticism, failure to verify, and failure to expose every sham.” – Delorme and Fedler, 2003. (Broom and Sha, 226)
    • 3. The attention span of the average person in our country is going down and there is less demand for in-depth stories with enough information to truly be informed (Lords).
    • 4. Issues related to the size and function of government are politicized. The personal philosophy of journalists and companies that employ them is more likely to follow their political interests rather than the well-being of citizens than in the past (“The Impact of…”).
    • 5. The media has less and less credibility with citizens because of selective reporting, staging and manipulating events in order to have a story that they want to be able to report, un-named sources that may or may not even exist and outright fabrication (“The Impact of…”, Johnstone). There are bi-partisan examples of this to be found. I’ll post one example each from two different political sides here for examination.

      The Pew Research Center measures the public’s attitudes toward both media and government and finds that news coverage about government is evaluated and consumed very differently according to political affiliation (Jurkowitz, et al).

    • 6. Many media institutions and personalities engage in “gaslighting”, similar to what is often done to the victim in abusive domestic relationships. Media, both entertainment and what is presented as “news” is permeated with attempts to make a lot of people who have done nothing wrong and have accurate and reasonable perceptions of reality to feel ridiculed and ostracized (Battaglio). If this is continued, the “Spiral of Silence” theory posits that certain ideas disappear from public discourse over time (Baran and Davis 268). Our form of government is based on the premise that people should be free to discuss issues in order to make the most rational choice, but there are many forces trying to restrict certain information from being discussed in public (Bufkin, Farrah, Gordon, OyperG, Poulakidakos, Sherr).

      For example in 2013 I was literally holding in my hand a letter from my insurance company saying that my insurance was cancelled when an “entertainment” podcast I was listening to was ridiculing people who claimed that their insurance was cancelled, claiming we were liars trying to fool people. This was a podcast that I had a paid subscription to. I sent a scan of my rejection letter to the podcast host along with a cancellation of my subscription to the podcast. The host’s response was to call me stupid and say I was making it up. That’s an example of gaslighting and DARVO, Deny Attack Reverse Victim Offender, a tactic that abusive domestic partners and other abusers use to keep their victims under coercive control (Harsey, Zurbriggen and Freyd, 644). While the majority of media outlets were trying to deny that there were cancellations happening, a web site with Twitter account was set up for people to send pictures of their cancellation letters for publication (Fennell). Twitter shut that account down, then reinstated it later after public outrage (Fennell). Since I did see my letter on that web site and Twitter account and it was unaltered from what I sent them, I judged the things they were posting to be credible unless I was presented with information indicating otherwise. So even in a society where there is supposed to be freedom of speech and the government has limited ability to censor if the constitution is followed, corporations can take political stances and if they don’t want certain things known they can do a lot to censor information that isn’t in their interests (OyperG, Fennell, Bufkin). If we rely for information on a corporation that is in the business of news or providing a communication platform, we can’t assume without investigating that we are getting true or complete information about any issue. While media corporations sometimes have an agenda that is in opposition to a government (Broom and Sha 365), at other times they can be complicit (Woodruff). Citizens must investigate for themselves to try to determine the truth to the best of their ability, and many do not have the time or interest and so remain poorly informed (Broom and Sha 356-366, Poulakidakos 373).

TO BE CONTINUED…

Works Cited

Baran, Stanley J. and Dennis K. Davis. Mass Communication Theory: Foundations, Ferment, and Future. Seventh Edition. CENGAGE Learning, 2015.

Battaglio, Stephen, “Hallmark Channel isn’t winning Emmys, but red states love it.” Los Angeles Times, 2017, https://www.latimes.com/business/hollywood/la-fi-ct-hallmark-red-state-20170914-story.html. Accessed 12 November 2019.

Broom, Glen M. and Bey-Ling Sha. Effective Public Relations. Pearson, 2013.

Bufkin, Ellie, “Twitter Users Appalled by Bias and Censorship Plan Boycott.” Townhall.com/Salem Media, 2020, https://townhall.com/tipsheet/elliebufkin/2020/06/24/conservatives-appalled-by-bias-and-censorship-plan-twitter-boycott-n2571231. Accessed 12 October 2020.

Farrah, Kristen. “Republicans fear prejudice on campus.” Webster Journal, 2019, websterjournal.com/…/republicans-fear-prejudice-on…/. Accessed 4 October 2019.

Fennell, “Twitter Suspends (Then Reinstates) Account Critical of Obamacare.” IndustryDive, 2013, www.socialmediatoday.com/content/twitter-suspends-then-reinstates-account-critical-obamacare. Accessed 12 October 2020.

Gearhart, Sherice, and Weiwu Zhang. “Same Spiral, Different Day? Testing the Spiral of Silence across Issue Types.” Communication Research, vol. 45, no. 1, Feb. 2018, pp. 34-54. EBSCOhost, doi:10.1177/0093650215616456. Accessed 2 October 2019.

Gordon, Sherri. “How to Handle Political Bullying on Facebook.” Dotdash, 2019, www.verywellmind.com/how-to-handle-political-bullying…. Accessed 4 October 2019.

Grieco, Elizabeth. “U.S. newspapers have shed half of their newsroom employees since 2008.” Pew Research Center, 2020, www.pewresearch.org/fact-tank/2020/04/20/u-s-newsroom-employment-has-dropped-by-a-quarter-since-2008/. Accessed 11 October 2020.

Hasenfratz, Carolyn. “MSD’s Project Clear and Our Local Water Issues.” Schnarr’s Hardware Company, 2017, schnarrsblog.com/msds-project-clear-and-our-local-water-issues/. Accessed 15 October 2019.

Johnstone, Caitlin. “‘Confirmed’ Is a Meaningless Word In MSM News Reporting.” Consortiumnews, 2020, consortiumnews.com/2020/09/27/confirmed-is-a-meaningless-word-in-msm-news-reporting/. Accessed 11 October 2020.

Jurkowitz, Mark et al. “U.S. Media Polarization and the 2020 Election: A Nation Divided.” Pew Research Center, 2020, www.journalism.org/2020/01/24/u-s-media-polarization-and-the-2020-election-a-nation-divided/. Accessed 11 October 2020.

Kim, Mihee. “Facebook’s Spiral of Silence and Participation: The Role of Political Expression on Facebook and Partisan Strength in Political Participation.” CyberPsychology, Behavior & Social Networking, vol. 19, no. 12, Dec. 2016, pp. 696-702. EBSCOhost, doi:10.1089/cyber.2016.0137. Accessed 2 October 2019.

Lords, Shannon, “As Attention Spans Get Shorter, Content Gets Even Shorter – What Would Ken Burns Do?” Advertising Week, 2020, https://www.advertisingweek360.com/attention-spans-get-shorter-content-gets-shorter-ken-burns/. Accessed 10 October 2020.

Madrigal, Alexis C. “What Facebook Did to American Democracy And why it was so hard to see it coming.” The Atlantic, 2017, www.theatlantic.com/…/2017/10/what-facebook-did/542502/. Accessed 4 October 2019.

OyperG, “NBC Goes Mask Off – Reveals Twitter Censorship Methods After Devastating Hack.” Bitcoin Warrior, 2020, bitcoinwarrior.net/2020/07/nbc-goes-mask-off-reveals-twitter-censorship-methods-after-devastating-hack/. Accessed 9 October 2020.

Poulakidakos, Stamatis, et al. “Post-Truth, Propaganda and the Transformation of the Spiral of Silence.” International Journal of Media & Cultural Politics, vol. 14, no. 3, Sept. 2018, pp. 367-382. EBSCOhost, doi:10.1386/macp.14.3.367_1. Accessed 2 October 2019.

Sarah J. Harsey, Eileen L. Zurbriggen & Jennifer J. Freyd (2017) Perpetrator Responses to Victim Confrontation: DARVO and Victim Self-Blame, Journal of Aggression, Maltreatment & Trauma, 26:6, 644-663, DOI: 10.1080/10926771.2017.1320777. Accessed 12 October 2020.

Sherr, Ian. “How Facebook censors your posts (FAQ).” CNET, 2016, www.cnet.com/news/how-zuckerberg-facebook-censors-korryn-gaines-philando-castile-dallas-police-your-posts-faq/. Accessed 9 October 2020.

Silverblatt, Art et al. Media Literacy: Keys to Interpreting Media Messages. Fourth Edition. Praeger, 2014.

Swift, Art. “Americans’ Trust in Mass Media Sinks to New Low.” Gallup, Inc. 2016, https://news.gallup.com/poll/195542/americans-trust-mass-media-sinks-new-low.aspx. Accessed 24 September 2019.

“Taliban Denies CBS Claim of Endorsing Trump Reelection.” Tasnim News Agency, 2020, www.tasnimnews.com/en/news/2020/10/11/2367327/taliban-denies-cbs-claim-of-endorsing-trump-reelection. Accessed 11 October 2020.

“The Impact Of Social Media On News and Journalism.” New York Film Academy, 2014, www.nyfa.edu/student-resources/social-media-in-journalism/. Accessed 10 October 2020.

Winkelmann, Carolyn Hasenfratz. “Drainage Problems Are Bringing Tom and Me To Court.” Carolyn Hasenfratz Design, 2019, www.chasenfratz.com/wp/drainage-problems-are-bringing-tom-and-i-to-court/. Accessed 15 October 2019.

Woodruff, Betsy. “Democrat Rep: Insurance Cancellation Letters Should Have Just Said Things Are Getting Better.” National Review, 2013, www.nationalreview.com/corner/democrat-rep-insurance-cancellation-letters-should-have-just-said-things-are-getting/. Accessed 9 October 2020.

I also put some resources I’ve collected as I work on my degree on this Pinterest board:

https://www.pinterest.com/chasenfratz/media-analysis/

More of my commentary on Corporate Social Responsibility

Here are some more excerpts from my homework for Strategic Communications Applications class as we wrote and commented on a discussion board about Corporate Social Responsibility (CSR).

Examples Of Corporate Social Responsibility

Hampton Inns

In the late 1990s and early 2000s, Hampton Inns encouraged tourism on Route 66 and other historic roads and endeared themselves to a lot of Route 66 fans by sponsoring preservation projects along the route. The program was called the Hampton Save-A-Landmark program. I was made aware of the program through my own personal intense Route 66 fandom and related Route 66 news sources and events.

Sites that were targets for the preservation program received help with preservation projects along with a large and attractive signs for each sponsored location that was branded with Hampton Inns and the Save-A-Landmark graphics. The signs raised awareness among the public that the site was significant. Some historic Route 66 and other old roadside attractions are of an importance not always apparent to those not in the know about historic road trip subculture – they often look quite humble and unassuming. The signs helped to raise awareness of Hampton Inns also. From personal experience I know some Hampton Inns were patronized by many Route 66 devotees, at least during the time the campaign was running, even though sometimes the Hampton Inns were a little more expensive than the usual hotels the roadies usually patronized. Awareness of Route 66 makes road trips more fun and getting more drivers out on the roads is good for all businesses along the road including Hampton Inns. It makes sense for a large chain business to take action that helps all tourism as well as mitigates some of the bad feeling among preservationists when large chain businesses make it difficult for smaller historic businesses to survive.

Hampton Inns also made some Save-A-Landmark program branded games meant as giveaways for kids. Some of these games ended up in the hands of collectors (I still have one!) because they provided cases of them to the Route 66 community to distribute at Route 66 events. Adults grabbed some for their collections after the kids who were present got theirs. I loved this game idea because when I was young we had a Stuckey’s board game that I loved to play. I wish we still had it! Games are a great way to build brand loyalty in the young, to have fun and to educate. If I could, I would still patronize Howard Johnson’s, Stuckey’s and A&W often while on road trips. These places are rare now, but are brands I enjoyed very much in childhood. These brands have a place in my collections of road memorabilia because I enjoy the personal memories, the graphics and the history.

More info:
https://www.hotel-online.com/News/PR2004_2nd/May04_HamptonLandmarks.html

Here is the front and back of the game:
http://www.chasenfratz.com/wp/wp-content/uploads/2020/09/hampton_front.jpg 
http://www.chasenfratz.com/wp/wp-content/uploads/2020/09/hampton_back.jpg 

Ozark Outdoors Riverfront Resort

Ozark Outdoors is a resort and outfitter that services the area of the Missouri Ozarks where the Huzzah, Courtois, and Meramec rivers meet. Like several other float trip outfitters in Missouri, they give out mesh trash bags to their patrons and provide trash receptacles at the take out points to encourage and enable floaters to dispose of their trash responsibly. In addition, Ozark Outdoors has donated the use of shuttles, vessels and trash pickup containers in their role as sponsor of Operation Clean Stream for several years. Operation Clean Stream is a volunteer effort to pick up trash from land and bodies of water to clean up waterways and the environment in general. Ozark Outdoor stands to get more visitors if the rivers that they serve remain clean and beautiful so it makes sense for them to sponsor such an activity. The humans and wildlife in the area and downstream all benefit from clean water too.

More info:
https://ozarkoutdoorsresort.com/operation-clean-stream-on-missouri-rivers/
http://www.chasenfratz.com/wp/fit-and-healthy-on-route-66-operation-clean-stream-on-the-meramec-river/

Corporate Social Responsibility and Irresponsibility

Here is some more of my homework for Strategic Comminications class at Webster University. The topic of Corporate Social Responsibility is one that we have addressed several times. Here is one of my writing assignments followed by some of my online discussion posts offered as food for thought.

Corporate Social Responsibility and Irresponsibility

“Cuties” is a film recently added to the network Netflix that director Maïmouna Doucouré claims is “social commentary against the sexualization of young children” (Sandler). Enough people were either offended by the topic of the film or the marketing of the film to organize petitions, boycotts and the hashtag campaign #CancelNetflix (Sandler). Netflix did in fact experience a higher number of cancellations than usual in September 2020 as a result of what some interpret as the normalization of pedophilia and child porn (Sandler). In the long term, will the reputation of Netflix be harmed permanently?

Findings in the paper “Corporate Social (Ir)Responsibility and Corporate Hypocrisy: Warmth, Motive and the Protective Value of Corporate Social Responsibility” suggest that the negative backlash against Netflix will be short-lived (Chen 486–524). Sometimes the same firms engage in acts that are perceived as both Corporate Social Responsibility (CSR) and Corporate Social Irresponsibility (CSI) (Chen 486-487).

Netflix believes that showing the film “Cuties” is an act of CSR because it exposes and criticizes the sexualization of children, even though enough former viewers to create a noticeable spike in cancellations believes they have displayed CSI instead (Sandler). Netflix formerly employed actor Kevin Spacey to star in their original series “House of Cards” which was very popular and profitable for Netflix (Czarnecki). Netflix lost millions by firing Spacey to demonstrate support for the #metoo movement, but gained a great deal of good will from the public in return (Czarnecki).

It seems logical to assume that it is important to try to avoid the appearance of corporate hypocrisy – the difference between the perception of the values a firm vs. it’s actions. Is Netflix going to be judged as engaging in corporate hypocrisy, and therefore suffer in reputation? According to authors Chen et al in “Corporate Social (Ir)Responsibility and Corporate Hypocrisy: Warmth, Motive and the Protective Value of Corporate Social Responsibility”, hypocrisy does not always do harm to firms (Chen 487-490).

One factor that insulates a corporation against negative effects on its reputation is the perception of warmth (Chen 490). By accepting a significant financial loss to mitigate the “House of Cards” scandal (Czarnecki), Netflix raised their perception of corporate warmth to a great degree by promoting others interests above its own (Chen 490). In addition Netflix is “… a company that’s reinvented itself from being a tech-based internet-content-delivery machine to a creator of world-class content. Those two things combined have translated into an unprecedented reputational gain” (Czarnecki). Is there a rational reason for people to feel warm emotions toward a provider of entertainment as opposed to some other product or service? A paper by Eduard Sioe-Hao Tan suggests why that might indeed be the case (Tan 45). “A lay person’s understanding of what it means to entertain somebody involves being amusing or giving pleasure, activities associated with being a good host to a guest.” The entertainer may be considered responsible for voluntarily rendering a personal service to the viewer (Tan 45).

The perception of competence is another attitude that can mitigate CSI in the minds of stakeholders (Chen 490). Amazon is a company that is considered very competent but lacks the emotional connection enjoyed by it’s book-selling rival Barnes & Noble which connected with shoppers emotions by associating physical bookstores with nostalgic values (Czarnecki). Now that Amazon has evolved beyond just a delivery system of entertainment and is also in competition with Netflix as a producer of original entertainment content, the battle over viewer’s emotions will be interesting to observe. At a time when the spotlight is on racial injustice to a greater degree than is normal, Amazon and Netflix both made donations to organizations working toward racial equality (Hessekiel). Amazon donated 10 million, and Netflix donated 1 million. The amounts could reflect the resources available to each company for such expenditures, the awareness by Amazon that it needs to buy moral credits more than Netflix does, or perhaps some combination of the two. In that light, what is the meaning of WalMart donating 100 million?

Speaking of morality credits, another strategy that a firm can use to protect itself against harm to its reputation is to express aspirational messages of what it would like to do, or about the kind of society it would like to promote. The message of having certain values will give the corporation moral credits even if its behavior doesn’t always back up what it preaches (Chen 487-490). Whether a corporation’s behavior is always consistent or not, a strong investment in CSR does seem to have a protective effect on any future transgressions, intentional or accidental (Chen 517-518).

Works Cited

Chen, Zhifeng, et al. “Corporate Social (Ir)Responsibility and Corporate Hypocrisy: Warmth, Motive and the Protective Value of Corporate Social Responsibility.” Business Ethics Quarterly, vol. 30, no. 4, Oct. 2020, pp. 486–524. EBSCOhost, doi:10.1017/beq.2019.50. Accessed 28 September 2020.

Czarnecki, Sean, “Netflix tops the list for best corporate reputation.” PR Week, 2019, www.prweek.com/article/1580994/netflix-tops-list-best-corporate-reputation. Accessed 28 September 2020.

Hessekiel, David. “Companies Taking A Public Stand In The Wake Of George Floyd’s Death.” Forbes, 2020, www.forbes.com/sites/davidhessekiel/2020/06/04/companies-taking-a-public-stand-in-the-wake-of-george-floyds-death/#4e3e52d47214. Accessed 28 September 2020.

Sandler, Rachel. “Netflix Sees Spike In Cancellations Over ‘Cuties’ Backlash, Analytics Firm Says.” Forbes.Com, Sept. 2020, p. N.PAG. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=buh&AN=145929254&site=ehost-live&scope=site. Accessed 28 September 2020.

Tan, EduardSioe-Hao. “Entertainment Is Emotion: The Functional Architecture of the Entertainment Experience.” Media Psychology, vol. 11, no. 1, Feb. 2008, pp. 28–51. EBSCOhost, doi:10.1080/15213260701853161. Accessed 28 September 2020.

Some of my comments on Corporate Social Responsibility and Facebook

“My view of Facebook is that they are mainly supplying a platform for people to use as they want, with spaces for advertising. Of course there are some extreme things that get banned. Sometimes I think the bans are fair and sometimes I don’t. One thing I have noticed is that they put a voting badge in the interface so you can quickly check your status or register. Let me try it right now…

Ok I noticed they spelled my name wrong on the paper I got back from the election board, so I’m going to have to look it up under the misspelled name. The voting button leads to a voting information page hosted by Facebook which has links to the usual stuff that any web page that is put up for public information would have – how to register, what are the requirements, what are the deadlines, etc. Kind of similar to what a lot of information sites put up about COVID-19 or any other important issue. It’s good for democracy (I know we have a democratic republic) for as many people to vote as possible who are eligible, so that is an example of CSR.

Another feature I like about Facebook is that you can do searches on advertising regardless of whether it’s an ad that would be shown to you normally, and see who paid for it. That helps a lot with transparency.

It’s my opinion that Facebook is not inherently good or bad, like with most things it’s what you do with it that makes your life better or worse. The people at the top running it can be good or bad and the decisions they make do affect people. I think there is potential for abuse and with any platform or any media we have to be informed about how it works and insist on transparency to keep it in check. I am very interested in media literacy and how it can help protect us. I agree with people who say that too much use is not that healthy, and I think that about TV and a lot of other things too. There are a lot of things that can be a good tool used mindfully and purposefully, including food, something which I’m using more mindfully lately with beneficial effect. As we keep learning in this field of study, we all think we are better at determining how to use media than other people, which means other people think they know better than us how to use it safely. I do worry about us serving media rather than media serving us.”

grocery_pickup_093020

“Speaking of voting, got these in my Walmart grocery pickup bag last night. It’s been awhile since I got a free sample. I like free samples and I like the voter registration encouragement. I tried texting the number and it works. When you get to the page on your mobile device, it gives you English and Spanish options. The data comes from https://www.ballotready.org/ and the card is branded with WalMart and the Consumer Action network. The Consumer Action Network is here – https://www.consumeractionnetwork.org/.

I looked at the web page for the Consumer Action Network and the issues they are involved with currently seem to mostly be based on beer and liquor sales and how to make it easier for consumers to buy beer and liquor. What do you think led to this particular partnership?

https://phone2action.com/  is involved in the technical part of the process.

I like getting the freebie of the reusable cleaning cloth. It’s good promotion for the product and always fun to try out a free product sample. Is the product good for the environment? There is enough info on the package to research it.

I was unable to get the QR code to work. It might be printed too small to work with my phone.

I’ve been uploading a lot of images to Facebook to move them from my phone to a computer for editing. With my technology setup at the moment it’s a fast way to do it and sometimes gets a discussion going in my feed. So I put my commentary that I’m writing here with the photo in Facebook. Since I was either mentioning voting in my text, or the image had to do with voting, an algorithm popped up in Facebook with a link to the voting information center that they put together. So – both Facebook and Walmart and a lot of people are very invested in voting. I could not detect any political partisanship in either campaign. I’ve always thought that everyone who could vote, should. And try to participate in civic duties and civic activities whenever possible. The government chapter we read in our textbook has some things to say related to this.”

“Also interesting is the choice of graphic on the voting drive card. It sends a specific message to people who know the origin of that type of image, and there are things in it that would resonate with people just because of the elements it contains even if they don’t know the history.”

 

Social Media at the Time of the American Revolution

No I’m not talking about the revolution that is being attempted in the US right now, I’m talking about the 1770s. Here is another history themed homework assignment that I enjoyed writing. What social media tools would I recommend if I could go back in time and be a consultant to Samuel Adams and friends?

“Samuel Adams and fellow revolutionaries used many techniques to achieve support for the United States Revolutionary War. With the use of “pen, platform, pulpit, staged events, symbols, news tips, and political organization”, these revolutionaries used events, manufactured if necessary, to appeal to and engage the senses of their hoped-for compatriots in the fight for independence from England (Broom and Sha 75). In the imaginary world of this assignment, I’m a time-traveling public relations consultant with the power to bring today’s social media tools to Sam Adams and the revolutionaries to help them win their campaign.

I’m going to recommend to Samuel Adams that he should add social media to the tools he is already using to make communication over long distances easier, cheaper, and less risky, with the potential to reach many more publics than presently. Some of the acts described below were considered by the British administration of the time to be treasonous and potentially punishable by death (Thernstrom 137), so the network and devices that Adams and his followers use will have to be secure from British spying.

Pen
The pamphlet “Common Sense” by Thomas Paine was a powerful piece of writing in favor of revolution that had a circulation of more than 100,000 copies throughout the colonies (Broom and Sha 76). Paine argued for independence with some fiery language, but the pragmatic argument that the colonies needed to be independent to form alliances with other nations in order to get assistance in fighting the British forces was considered the most persuasive (Thernstrom 143).

Thomas Paine and other eloquent and persuasive writers of their time would benefit from having their own blogs to publicize their content and collect subscribers so that the contact information can be shared with members of the revolutionary movement who are planning events and protests. Since readings of Common Sense were popular in taverns and coffee houses of the time (Thernstrom 143), audio and video presentations of this material that are shareable on social media will increase the reach tremendously. Most colonists at this time were not literate (Bitter 21), but would be able to consume videos and podcasts with the right receiving equipment.

Platform
A platform is easier to remember and rally around if it’s short and resonates with the public. “Taxation without representation is tyranny” is the well known slogan that describes the platform of the revolutionaries (Broom and Sha 76).

A graphic with a unifying image, such as the Liberty Tree, with this slogan should be prepared to use on social media outlets as a profile picture, header graphic, avatar image and any other identifying graphics that you need to reinforce your brand on social media platforms.

Pulpit
The British parliament passed the Quebec Act of 1774 which opened some additional areas of North America up to colonial American settlers, but with French law presiding and Catholic churches enjoying advantages over Protestant churches. Protestants were the majority of colonists and anti-Catholic feeling added more resentment against the British imperial government (Thernstrom 139). A further religious-based rift between Britain and America was widened by the Great Awakening, a renewal of Christian fervor in the colonies that made the old country seem more decadent and therefore less desirable to the colonists in comparison (Thernstrom 145).

Christian and Biblical references can be inserted when appropriate into communications to keep emphasizing the perceived moral superiority of the new society that is being created. Revolution-minded colonists did not shy away from including Biblical allegories and passages on items such as flags and needlework (“Religion and the…”), and such images could be adopted into memes or other sharable graphics. Ministers played a great role in propagating the idea of revolution against the British as a righteous cause (“Religion and the…”), and therefore making sermons available as shareable audio and video presentations could be very advantageous.

Staged Events
A provocative event can capture the attention of many members of the public who were otherwise indifferent (Broom and Sha 76). The Boston Tea Party was an event that could be considered staged. In all the other colonies except Massachusetts, ships carrying British Tea turned back when confronted by colonists who opposed the tea act because they had been persuaded by colonial tea wholesalers that it was dangerous for future liberty to grant a tea monopoly to the English East India tea company (Thernstrom 138). The Massachusetts Governor did not want to back down so he ordered all ships in Boston Harbor to remain until they unloaded all their cargo. In response, Samuel Adams and 150 followers dressed as Native Americans boarded the ships and unloaded 90,000 pounds of British tea into the harbor. This property destruction did not meet with universal approval even from colonists who opposed the tea act, but many lost sympathy for the home country when the British government reduced liberties in Massachusetts to the point where the colonial charter of 1691 was virtually null and void (Thernstrom 138-139). By provoking a harsh response from the British, Samuel Adams and friends re-ignited a lot of the anti-British sentiment in the other colonies that had risen during earlier unpopular tactics of the British but had temporarily quieted after most of the offending acts had been repealed or were left un-enforced (Thernstrom 138-139).

I recommend that Adams and followers should not publicize pictures of tea being destroyed, but instead try to propagate stories of British oppression throughout social media. Video footage of colonists trying to exercise some of their previously held rights, such as assembly, but being confronted by British officials and troops could be very effective and can be uploaded to YouTube, embedded on blogs, and more.

Political Organization
The Sons of Liberty and Committees of Correspondence were both formed in Boston to bring about the actions that the revolutionaries public relations efforts had inspired (Broom and Sha 76). The Massachusetts Committee on Correspondence urged the other colonies to limit importation of British luxury goods as a protest against the Sugar Act which they saw as an example of unfair taxation but received only limited support at that time (Thernstrom 131).

Social media is terrific for boycotts – a multimedia campaign with hashtags such as #boycottbritain or #boycottbritishgoods could be very effective as the colonists power to boycott has caused economic damage to Britain on more than one occasion (Thernstrom 132, 137).

Symbols
The Liberty Tree is an an example of a symbol that the revolutionaries adopted to identify their movement and get potential recruits emotionally involved (Broom and Sha 76). The original Liberty Tree was an elm located in Boston. Under its branches, critics of the British government met and launched a protest, inflamed by the Stamp Act, which they believed ushered in an unwelcome era of taxation without representation. The Stamp Act required revenue-raising stamps to be sold by the imperial government and be placed by the colonists on any printed matter. In addition, since violators of the Stamp Act were not to be tried in colonial courts but rather British admirality courts which heretofore had restricted themselves to navigation related cases, the colonists revolted in order not to set a precedence for trials without a jury (Thernstrom 131-132).

The “Sons of Liberty”, who led protests against the Stamp Act throughout the colonies created effigies of stamp officials and subjected the effigies to various indignities including symbolic hanging from the Liberty Tree. Using other methods to intimidate would-be stamp officials into resigning, such as property damage and marches, the “Sons of Liberty” wanted to keep the protests mostly symbolic but were sometimes joined by sailors and workers who had patronized the local taverns and were primed to engage in some burning and looting. The pressures from these acts of civil disobedience and property destruction were enough to make the Stamp Act unenforceable by the British (Thernstrom 132).

The Stamp Act was able to unify the colonies in their outrage more than the previous Sugar Act had been, although more widening of rifts between the British government and the colonists would be required to get the protest leaders more interested in revolution (Thernstrom 133-134). A popular manifestation of opposition to the Stamp Act was a skull and crossbones placed on papers where the hated taxation stamp should have gone. Many newspapers throughout the colonies used similar imagery (“A Pledge to…”), displaying how a symbol can spread socially even with non-electronic technology available. The skull and crossbones could be an even more popular image with electronic help to go along with hash tags such as #thefatalstamp.

News Tips
The Boston Massacre is one example of the revolutionaries’ ability to get their side of the story out first in order to promote their interpretation of events (Broom and Sha 76). Many colonists were persuaded to see the killings as deliberate acts of tyranny by Samuel Adams and the colonial press (Thernstrom 137).

Citizen journalists allied with the revolutionary cause are encouraged to take pictures and video of the massacre and send to as many social media channels and media outlets as possible, along with personal accounts and reports, to make sure our take on the event is prominent in the public discourse and disseminated as quickly as possible.”

Works Cited

“A Pledge to Violate the Stamp Act.” NCpedia, 2020, www.ncpedia.org/anchor/pledge-violate-stamp-act. Accessed 21 September 2020.

Bitter, John. “Which Came First – Journalism or Public Relations.” Public Relations Quarterly, Fall 1987, pp. 21-22. Accessed 20 August 2020.

Broom, Glen M. and Bey-Ling Sha. Effective Public Relations. Pearson, 2013.

“Religion and the Founding of the American Republic.” Library of Congress, 2020, https://www.loc.gov/exhibits/religion/rel03.html. Accessed 21 September 2020.

Thernstrom, Stephan. A History of the American People: Volume One: To 1877. Harcourt Brace Jovanovich, 1984.

Blasts From The Past

When I worked for Webinar Resources, I wrote a lot of blog and newsletter articles. I’m going through some of them for an assignment I’m doing in my Strategic Communications class. Here is a Wayback Machine link to some of the articles I wrote between 2009 and 2012. Enjoy!

Webinar Resources Blog on the Wayback Machine

Webinar Resources Newsletter Archive

Here is how my homework turned out.

“In the article “Why Traditional Marketing Trumps Social Media, And What To Do About It” author Kimberly E. Stone makes the case that social media should be used to reinforce what traditional marketing is doing, but not take over or take the lead from traditional channels.

She believes the best uses for social media in the present day are:

  • Gaining intelligence
  • Interacting with customers
  • Managing crises

It would be interesting to review how I thought social media should be used back when the company I was working for was heavily into business blogging and I was writing blog and newsletter articles about how and why to use social media. I found articles I wrote on our old blog from 2009-2012 on the Wayback Machine. Here is the link I used to view my old articles.

https://web.archive.org/web/20120910054954/http://blog.webinarresources.com/blog/customer-acquisition-2

What did I think social media was good for during that time?

  • Making it easy for customers to share your content
    Videos
    Applications designed to build subscriber lists
  • Making shareable archives
  • Broadcasting
  • Listening
    What are customers currently interested in
    Is anyone talking about us in a negative way
  • Cutting the cost of distributing your content
  • Customer relations
  • Community building
  • Creative expression
  • Collaboration
  • Leveraging the investment in content by repurposing in different channels
  • Manage reputation

My list is much more broad, but although I worded some things differently my list mostly includes everything that is in the author’s list. I did say in one of my articles that I learned in a webinar put on by Compendium Blogware that an organization has to get their “SEO, Social, Content, Email Marketing and PR people to communicate with each other”. A PR practitioner can play a role in facilitating communication within an organization as well as between the organization and its publics (Broom and Sha 189). So I do agree with the author’s premise, that social media should augment traditional channels but not replace them.

While I was writing these articles I was mostly writing for small companies. I touted the benefits of social media partly for the lower price point of entry over some traditional marketing channels. That did not mean I favored not using the older channels if there is a budget for it.  Whatever is new is always exciting, but it doesn’t mean you have to jump on every new thing if it doesn’t fit. The goals of all the channels that are used should be to present a consistent experience in keeping with the organizations brand and objectives. All channels are not appropriate for all audiences, so it isn’t necessarily good to use every one that is available. Also, during Marketing 5000 class I learned there is at least one older channel that is coming back into favor if used in an updated way – the catalog. To choose the right mix means keeping up to date on the trends as popularity waxes and wanes for certain channels.”

Works Cited

Broom, Glen M. and Bey-Ling Sha. Effective Public Relations. Pearson, 2013.

Stone, Kimberly E. “Why Traditional Marketing Trumps Social Media, And What To Do About It.” Forbes, Sep 18, 2012. Accessed 15 September 2020.