Tag Archives: abuse

Influence, Manipulation and Social Engineering

My final exam for Social Engineering class is due at 5 pm on Friday. When I’m answering questions, it’s useful to write as though I’m explaining the concepts to a general audience. I’m going to publish these answers on this blog as I write them, before they are turned in and graded, to keep me on track to work long enough to explain completely but not so long that I run out of time and skimp on the last couple of questions (that’s what happened at the midterm exam!). A lot of people have been asking me what Social Engineering is since I’ve been in this class. I do think it’s something everyone needs to know about as part of life skills so I’ll explain the best I can. Enjoy!

Q. Discuss the art and method of Influence and Manipulation.

First I’ll define the terms according to Christopher Hadnagy, author of our textbook “Social Engineering: The Science of Human Hacking”.

Social Engineering – “Social engineering is any act that influences a person to take an action that may or may not be in his or her best interests” (Hadnagy 7).

Influence – “Getting someone to want to do what you want them to do” (Hadnagy 123).

Manipulation – “Getting someone to do what you want them to do” (Hadnagy 151).

Social engineering is part art and part science, and method is where they come together (Hadnagy 157). Hadnagy brings up cooking as an example of a pursuit that combines art and science to create a satisfactory outcome. Gardening and aquatic animal keeping are a couple of my pursuits that are similar – science knowledge is needed to keep the organisms alive, and artistry helps make the environments harmonious and attractive. There are certain needs the organisms have that must be met but I have choices in what colors I can have, quantities, how I arrange the elements, how much splashing or bubbling do I want to create a soothing sound, and other aesthetic choices that affect the total presentation.

Part of the science of SE is framing and elicitation (Hadnagy 158). Framing is how someone dynamically reacts to a situation based on life experience and internal makeup (Hadnagy 159-160). Depending on the reaction you want, artistry helps to create an approach to the frame that is appropriate to achieve the objective. Social Engineers may be called on to create characters and costumes, choose words, use props, practice acting skills, storytelling and other creative enhancements. Preparation and practice are important, as is the ability to adjust to changing situations.

Elicitation is getting a target to volunteer information (Hadnagy 168). In order to cultivate the target to be open and trusting enough to share, artistry will again be used in a planned way as well as dynamically as conversation progresses. A social engineer might plan a scenario ahead of time or create one just by observing a target. Methods such as Ego Appeals, Mutual Interest, Deliberate False Statements, displays of Knowledge and the Use of Questions are methods Social Engineers can use to subtly direct the interaction (Hadnagy 168-182). There is art in how these methods are used, and also in choosing embellishments such as the above mentioned characters, costumes, props, etc.

Q. How are each applied to a social engineering plan?

Influence – Cialdini’s Six Principles of Influence are as follows (ChangingMinds.org):

Reciprocity: Obligation to repay.” Both wanted and unwanted gifts will create an urge to reciprocate, but if we appeal to what the target really values, we will get a greater concession in return. Gifts don’t have to be material things – good feelings in the target aroused by gifts of compliments and humor are also effective (Hadnagy 125-128).

Consistency and Commitment: Need for personal alignment.” We have a powerful drive to meet commitments because the consistency of ideals and behavior gives us a feeling confidence and strength. I’m adding my own assumption here that this may not apply to people with psychopathy and personality disorders (“Psychopathy”). You can appeal to the urge for internal consistency in other people by getting them to agree to a small request initially then a larger one later. Victimizers use your integrity and need to make your actions match your beliefs as a weapon against you. Keeping this in mind might help us to know when it’s ok to change our minds about a commitment that is no longer serving us. Consistency and commitment can also be good defenses against attacks, since that is a good protection against people looking for examples of hypocrisy as a Social Engineering weapon against us.

Social Proof: The power of what others do.” When we are unsure about what is safe or acceptable we often look at the behavior of others as a guide (Hadnagy 149-150).

Liking: The obligations of friendship.” Hadnagy explains different meanings of the word “like”. We tend to like people who are “like” us in some way, that we see as a member of our tribe, and we “like” people who we think like us (Hadnagy 146-148).

Authority: We obey those in charge.” Possessing actual authority or knowledge gives a Social Engineer more confidence to act with authority, but faking it, implying it or transferring it by seeming to associate with a genuine authority will work also (Hadnagy 140-141).

Scarcity: We want what may not be available.” We can be Social Engineered to respond to a perceived or real scarcity of goods, sale prices, time or any kind of resources (Hadnagy 134-136).

Manipulation

Hadnagy lists 6 principles of manipulation (Hadnagy 153):

  1. “Increased susceptibility.”

2. “Environmental control.”

3. “Forced reevaluation.”

4. “Removal of power.”

5. “Punishment.”

6. “Intimidation.”

It’s not an accident that these tactics are synonymous with types of abuse, emotional and sometimes even physical. Abusers abuse because they want the power and control it gives them (Davenport). It isn’t only individuals who might try to abuse us – organizations can do it too. I’ve written passionately and repeatedly on this subject in my class assignments, as you know, and in other writings, because of my theory that we as a culture tend to give far too much trust to institutions that have devoted vast research and resources to manipulate, and yes, abuse.

Q. What is the difference between the two?

Hadnagy’s definitions of influence and manipulation are nearly the same in terms of wording. In both cases, the social engineer wants the target to take an action that the social engineer wants. In an influence situation, the target wants to go along with the engineer (Hadnagy 151). That is a very slight difference, and Hadnagy acknowledges that not all will agree with his chosen definitions. When I first read “How to Win Friends and Influence People” by Dale Carnegie, a friend of mine didn’t want me to read it because in his words “It teaches you how to manipulate people”. My reply to him was my interpretation of a couple of the points I thought Carnegie was trying to make – the transactions and deals you make should benefit both parties, and whatever social techniques you use to get the results you want should be sincere (Winkelmann “My Opinion of…”).

I think Hadnagy is of a similar opinion. Manipulators don’t care about the feelings or well-being of the target, and the interaction will not be remembered fondly by the target (Hadnagy 151, 153). That’s detrimental to getting future business. In Hadnagy’s case, since part of his job is to educate clients, negative feelings interfere with the learning process and are to be avoided. I think he and Carnegie would agree that it is more important for both parties to come out of an interaction both feeling good about it than for the SE to “win” the transaction by getting the better of the target.

Of course many social engineers don’t mind harming the target, or they fully intend to harm the target – that’s when their actions become manipulation. For example the same male friend who was uneasy about me reading “How to Win Friends and Influence People” used manipulation on me and another woman to try to keep us from becoming friends. All three of us were part of a group that was going on a week long backpacking and camping trip. In preparation, he told me she didn’t like me and told her I didn’t like her. So for the first day of the trip we avoided each other. Due to the way the tents worked out, we were forced to share one the first night and weren’t happy about it. The next day we both had the same thought. “She’s not so bad.” We both decided to confide in each other what the male (now former) friend had told us. We had a good laugh and became best friends until she passed away in 2003. I was Maid of Honor at her wedding!

Q. Which method is more effective (give examples of circumstances/settings to be applied)?

I think it depends a lot on the circumstances. For example, if your goal is to have a productive future relationship with a target, you will take their welfare and emotions into account so that they associate you with a pleasant experience and are open to be influenced by you because they “like” you, as Cialdini teaches. If you plan to just use and discard the target when they are no longer needed, you don’t have to consider their well-being at all.

The archetype of the “snake oil salesman” is depicted in a music video I loved and watched a lot when I was a teenager, “Say Say Say” by Paul McCartney and Michael Jackson. The protagonists are con artists who travel from town to town in a wagon selling a bogus “strength potion”. They use pre-planned pretexts, such as a script and audience plants to Social Engineer the people in a town into buying a lot of the fake potion. By the time the customers realize it’s no good, the con artists are long gone and in another town sporting a different identity. When the law catches up to them, they use a distraction to evade (Giraldi). As long as they can get away quickly enough, they are not accountable and don’t have to make a good product. They only have to create the impression long enough to get the money.

Paul and Linda McCartney and Michael Jackson portraying Social Engineers of the manipulative variety

Here is a personal example of when I experienced manipulation in an airport when being solicited for a donation. A man greeted me and offered me a free paperback copy of a vegetarian cookbook. I love to cook and I love vegetables so I said “sure, thanks” and took it. I was young and this was my first time encountering this particular SE situation in an airport so was not looking for it and not prepared with defenses. The man said “Aren’t you going to give a donation?” I thought a moment and gave him a dollar. He said that isn’t enough. I was not pleased about being manipulated, so I said “I think that’s pretty good for a free book. If you disagree, you can have it back and I’ll take back the dollar”. He just looked disgusted and waved me away. I was not unhappy about giving a dollar for the book, even though it’s not something I sought out. But I love recipe books, so a free book or a dollar book, either was fine with me. But I would have balked at any more than that. Neither of us was concerned about ever seeing each other again, so it was a very low stakes situation. Since he had correctly concluded he had gotten all he was ever going to get out of me, he didn’t bother to be civil one second longer than was productive.

The larger and more powerful an organization or individual is, the more they can insulate themselves from backlash caused by self-serving, fraudulent, unkind or unfair manipulations of people. For example last summer there were large corporations taking out television ads that put their brand in a good light, showing warm and positive scenes of how they were helping their employees and customers cope with the pandemic. News stories about those brands were sometimes in direct contrast to the images in the ads. Organizations can use their money and power to “buy” morality credits by performing certain good deeds and publicizing them or just artfully appearing to. In the “Say Say Say” video we see that the fictional con artists give their ill-gotten gains to an orphanage and stop to entertain the kids, so the viewers of the video will root for them (Giraldi). This tactic works in real life too.

Marketing and Public Relations are subsets of Social Engineering, according to Hadnagy’s definition. If organizations don’t even do good deeds but claim they want to someday, or are generally in favor of good things for society and they’d love it if YOU would do them, that is enough to counteract actual corporate hypocrisy in some situations (Chen 487-490, 517-518). Influential people and organizations have the money and power to buy a lot of Marketing and PR, so they are potentially not as accountable as the less powerful. For example, from years of selling art supplies online, with Amazon being one of the platforms I sold on, I’m personally acquainted with how Amazon treats people with no power and only the most infinitesimal trace of usefulness. Admittedly already skeptical about their corporate culture, I am not the only one to ponder the disconnect between Amazon’s paid feel-good ads and news stories about how workers are treated (Barrickman and Smith). In a paper I wrote last fall about Corporate Social Responsibility and Irresponsibility I speculated about the meaning behind the amounts of corporate public donations to social justice causes by Netflix, WalMart and Amazon (Winkelmann “Corporate Social Responsibility…”). Do these amounts reflect genuine commitment to the causes, a branding technique, the amount of resources available, or the amount of morality credits they feel they need to buy to compensate for their actual activities?

A malicious Social Engineer might intend to not only evade accountability, but plan to leave the target in a weakened condition as part of the strategy. Sometimes the goal is not merely profit but total defeat of the enemy.

Works Cited

Barrickman, Nick and Patrick Smith. “Amazon violates its own health and safety rules in COVID-19 coverup.” World Socialist Web Site, 2020, www.wsws.org/en/articles/2020/08/05/amzn-a05.html. Accessed 10 May 2021.

ChangingMinds.org. “Cialdini’s Six Principles of Influence”. Changing Works, 2002-2021, changingminds.org/. Accessed 16 March 2021.

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.

Davenport, Barrie. “61 Devastating Signs Of Emotional Abuse In A Relationship.” Live Bold and Bloom, 2021, liveboldandbloom.com/02/relationships/signs-of-emotional-abuse/. Accessed 11 May 2021.

Giraldi, Bob, director. “Say Say Say.” YouTube, Paul McCartney and Michael Jackson, uploaded by Giraldi Media, 1983, www.youtube.com/watch?v=aLEhh_XpJ-0. Accessed 10 May 2021.

Hadnagy, Christopher. Social Engineering: The Science of Human Hacking. John Wiley & Sons, Inc. 2018.

“Psychopathy.” Psychology Today, 2021, www.psychologytoday.com/us/basics/psychopathy. Accessed 11 May 2021.

Winkelmann, Carolyn Hasenfratz. “My Opinion of What Marketing is About”. Carolyn Hasenfratz Design. 2020. www.chasenfratz.com/wp/my-opinion-of-what-marketing-is-about/. Accessed 10 May 2021.
— “Corporate Social Responsibility and Irresponsibility”. Carolyn Hasenfratz Design. 2020. www.chasenfratz.com/wp/corporate-social-responsibility/. Accessed 11 May 2021.

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/.

The Right to Privacy

The new season of the Netflix series “The Crown” is out. Around this time last year I wrote a homework assignment paper about the production elements in the show for Media and Culture class. As I start to view the new Season 4, I’m recalling our studies last week in Media Organization Regulations class on the legal aspects of privacy. How does what we learned illuminate how entertainment companies depict real people in a fictionalized drama? Here is an amalagamation of a couple of last week’s homework assignments. If you like to watch “The Crown” or other dramas based on historic events and real people, you might find some of the legal considerations involved interesting. In the series are also depictions of emotional abuse and mental illness, topics I’ve written about before and which again came up in last week’s homework. Abuse takes many forms and some of them are perfectly legal. These selections have been graded by my professor but I didn’t make any changes before publishing. Please keep in mind I am not an attorney or law student, I’m an Advertising and Marketing Communications major. Enjoy!

The Right to Privacy

The theory of a right to privacy developed in US law over about the last 130 years, derived from the 3rd, 4th, 5th and 14th amendments (Trager et al 234). The right to privacy is defined as “1) The right not to have one’s personal matters disclosed or publicized; the right to be left alone. 2) The right against undue government intrusion into fundamental personal issues and decisions” (Legal Information Institute “Right to privacy”).

A tort is a transgression by one person or entity on another’s rights, resulting in an injury (Trager et al 234). Law school dean William Prosser described four torts in the following categories; “false light, appropriation, intrusion and private facts” (Trager et al 235). Commercialization and the right to publicity are sub-categories under appropriation (Trager et al 235). The right to publicity “prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion” (Legal Information Institute “Publicity”). Besides being a subset of the right to privacy, the right to publicity differs in that it prevents unauthorized commercial exploitation of an individual rather than addressing non-commercial violations of rights.

right_to_privacy_diagram

False light, intrusion and private facts only apply to living persons (Trager et al 235). The appropriation tort is broader. It applies to living persons and in addition the deceased, businesses, non-profits and associations (Trager et al 235). The states vary a great deal in which torts they recognize – many only recognize single categories or subsets and not necessarily the same ones (Trager et al 235).

Celebrities don’t forfeit their right to privacy by being celebrities, but since people want to know about them many of their activities could be considered newsworthy (Trager et al 246). That doesn’t mean people are entitled to know facts about a celebrity that are not determined to be in the public interest (Trager et al 260, 262). A person’s notoriety might make them the licit subject of a satirical, artistic or transformative work that stops short of commercial use (Trager et al 248-249), which would interfere with the celebrity’s right to publicity.

Appropriation, Commercialization and Political Speech

Appropriation torts are recognized by 46 states, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico (Trager 235).  The remaining four states have yet to rule on appropriation (Trager 241).  Commercialization and the right to publicity are the two torts included in the privacy law category of appropriation (Trager 235).  Commercialization, also known as misappropriation, is the act of using the likeness or name of a living or dead person in advertising or for commercial purposes without seeking permission from the individual in question or that of the heirs (Trager 236, 241).

The commercialization prohibition is less likely to be applied to a deceased person than right of publicity because it is intended to prevent emotional distress to an individual by upholding the person’s dignity in preserving their personal right to privacy.  As a personal right, it is not usually thought by the courts to apply after death, unlike the right to publicity which deals with the monetary value of one’s identity a form of property that can be transferred or inherited (Trager 242).

Dan Frazier is a retailer and activist who sells left-wing themed political merchandise and other products through his company Lifeweaver LLC (Lifeweaver LLC, team@lifeweaver.com).  In the first decade of the 2000s he started selling anti Iraq war t-shirts with the names of U.S. soldiers who had thus far died in the war as part of the design in small print.  Enough families of the deceased soldiers were outraged by their family members names being used to make money for Frazier that laws were passed in several states making the sale of merchandise that appropriated soldiers names or likenesses without permission illegal (Fischer, “Mom Wants Dead…”).  Frazier’s home state Arizona was one of those passing such a law (Fischer).  Frazier, represented by the ACLU in a case heard in a federal court in Phoenix, was able to stop state and local officials from prosecuting him, citing First Amendment rights to freedom of speech.  The federal court declined to strike the Arizona law from the books and decided to let future similar cases be decided on their own merits (Fischer).  The defenses against appropriation are newsworthiness, the appropriated material being in the public domain, freedom of speech under the First Amendment, incidental use, self promotional ads for the mass media, and consent (Trager 245). How would these defenses possibly apply to Frazier’s case and any future cases that are similar?

Newsworthiness

The U.S. Supreme Court has decided an appropriation case based on newsworthiness before, in hearing whether a news station deprived stuntman Hugo Zacchini of his rights to make a profit from his human cannonball act by airing the entire act as part of a news broadcast.  The court found in Zacchini’s favor, giving his right to publicity more weight than the news station’s First Amendment right to free speech (Trager 247).  In Frazier’s case, newsworthiness is obliquely mentioned in the complaint (Frazier CV07-8040-PCT-NVW) but not as a factor in the decision (Frazier 07-CV-8040-PHX-NVW) though perhaps it could have been.  Deaths in war are news, and courts have previously found that newsworthiness is a defense even though news content is sometimes sold (Trager 246).  Dan Frazier presents his company as a retailer of products as opposed to a news organization (“Campaign Finance Report…”, team@lifeweaver.com).

Public Domain

The names of those killed in war are public information, as again obliquely mentioned in the complaint (Frazier CV07-8040-PCT-NVW), and in my opinion would qualify as factual information that is in the public domain (Trager 248).

First Amendment

Most prominent in the complaint and the court’s findings are issues concerning free speech under the First Amendment. Cited in the decision was a U.S. Supreme Court case, Riley v. National Federation of the Blind, which ruled that if speech is a blend of commercial and some other purpose, the two purposes cannot be parsed out and must be considered together. Given this finding, Frazier’s t-shirts were determined to be protected by First Amendment rights as any other type of political speech would be (Frazier 07-CV-8040-PHX-NVW).

Ads for the Media

Mass media may use names and likenesses of public figures in advertisements for products if the identity-related elements are part of the original content (Trager 251).  The court in Frazier’s case considered but declined to evaluate separately the legality of the t-shirt products themselves and catalog pictures of the t-shirts with close ups showing some of the soldier’s names.  Perhaps the court did not feel it necessary to comment on whether it mattered in this context whether the names were of private or public figures since it had already found that pictures of the merchandise were “inextricably intertwined with otherwise fully protected speech” (Frazier 07-CV-8040-PHX-NVW).

Consent

Frazier made no pretense to claiming consent.  His web site included a statement reading, in part, “I have no plans to remove any names or discontinue any of these products, no matter how many requests I receive” (Watters).  He and his legal team believed they did not need it, and were eventually found to be correct in the legal sense (Frazier 07-CV-8040-PHX-NVW).  Frazier’s personal code of ethics did not preclude him from acting in a way that caused some families of the fallen soldiers listed on the t-shirts to experience what they categorized, but were unable to prove in a Tennessee court, as negligent and intentional “infliction of emotional distress” (Read).

Incidental Use

Frazier did not need to invoke the defense of incidental use to justify the soldier’s names on the t-shirts, but in my opinion incidental use would have applied (Trager 252).  An individual soldier’s name was not the main focus of the shirt design and was in a font small enough to only be legible at close viewing (Frazier CV07-8040-PCT-NVW).

Lanham Act

In my opinion the commercial appropriation issues invoked by the t-shirt design are not in the “zone of interest” of the Lanham Act of 1938, which is concerned with false or misleading advertising (Trager 556).

Works Cited

“Campaign Finance Report 2010 March/May Regular Election.” City of Flagstaff, Arizona, 2010, www.flagstaff.az.gov/DocumentCenter/View/10843/Dan-Frazier. Accessed 15 November 2020.

Fischer, Howard, “Antiwar T-shirts win protection.” Capitol Media Services, 2008, azdailysun.com/news/antiwar-t-shirts-win-protection/article_d0dd0588-d6dc-5b28-acfe-70771736099a.html. Accessed 15 November 2020.

Frazier, Dan vs. Defendants. CV07-8040-PCT-NVW. 2008. Print.
—. 07-CV-8040-PHX-NVW. 2008. Print.

Legal Information Institute. “Right to privacy.” Cornell Law School, 2020, www.law.cornell.edu/wex/right_to_privacy. Accessed 12 November 2020.
—. “Publicity”. Cornell Law School, 2020, www.law.cornell.edu/wex/publicity. Accessed 12 November 2020.

“Lifeweaver LLC.” Bizapedia.com, 2019, www.bizapedia.com/nm/lifeweaver-llc.html. Accessed 15 November 2020.

“Mom Wants Dead Son Off Anti-War Shirt.” CBS Interactive Inc., 2008, www.cbsnews.com/news/mom-wants-dead-son-off-anti-war-shirt/. Accessed 15 November 2020.

Read, Robin, et al v. Lifeweaver, LLC et al. 2:08-CV-116. 2010. www.leagle.com/decision/infdco20100506b78. Accessed 15 November 2020.

team@lifeweaver.com, “Lifeweaver LLC.” 2020, lifeweaver.com. Accessed 15 November 2020.

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

Watters, Jesse “Confronting Frazier.” BillOReilly.com, 2006, www.billoreilly.com/b/Confronting-Frazier/-643011088989176289.html. Accessed 15 November 2020.

 

What does it mean to be considered “libel-proof”?

Here is a homework assignment for my Media Organization Regulations class at Webster University. Each week we have a legal question to answer in the form of a short paper, as well as other writing assignments. Every once in a while I like to put one of the more interesting pieces here on my blog. Please keep in mind I am not an attorney or law student, I’m an Advertising and Marketing Communications major. Enjoy!

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

What does it mean to be considered “libel-proof”?

In order to win a libel case, a plaintiff must prove that a contested statement fulfills all of the elements of libel (Trager et al 149-166).

  1. The statement must purport to be a fact, that is, according to a dictionary, “a piece of information presented as having objective reality”, not an opinion statement (Trager et al 150).
  2. The statement must have been published, which consists of posting to the internet, printing in a periodical publication, or broadcasting over airwaves. Publishing includes mass media, but it not limited to only mass media. It is only necessary for one other person besides the subject and source to have seen the information in one of the above media channels in order for it to be considered published (Trager et al 150).
  3. The plaintiff must be identifiable as an individual or possibly in some cases a member of a small group. Identification is not necessarily limited to just using the person’s name (Trager et al 155).
  4. The content must defame the plaintiff, that is cause damage to their reputation (Trager et al 156).
  5. The plaintiff must prove that the allegation is false (Trager et al 160).
  6. The plaintiff must be able to show actual damage or harm (Trager et al 150).
  7. The defendant must be found to be at fault either by actual malice in defaming a public figure or the lower standard of negligence if the target of the defamatory statement is a private figure (Trager et al 163).

In most cases, libel law is presumed to help people protect their own good reputation, but in cases where the plaintiff’s reputation is already significantly damaged, the libel-proof plaintiff doctrine might be invoked in order to deny the plaintiff a finding of libel (Hudson 14-15).  For example, the Tennessee Court of Appeals ruled in one such case that if someone is a convicted murderer, they have been “judicially declared to be evil” and cannot be further damaged by aspersions upon their character (Hudson 15).  The libel-proof doctrine was further invoked in the same jurisdiction in order to negate the claims of the convicted assassin of Martin Luther King Jr., James Earl Ray, when he sought redress from the court for being portrayed in Time magazine as a thief and a drug dealer (Hudson 16).

Beyond Tennessee, Penthouse publisher Bob Guccione objected to being labeled as an adulterer even though he was openly a pornagrapher, but lost his case due to the libel-proof doctrine (Hudson 16), as did former MLB player Lenny Dykstra when he sued a publisher for portraying him as a racist in a ghost-written memoir by a former teammate (Dykstra 4, 18-19).

In Dykstra’s case, it was not his profession that reflected badly on his reputation, but his history of personal behavior.  Evidence was produced to show that he had long been considered “unsportsmanlike”, “shitty”, a “criminal”, a thief, a drug abuser, “racist”, “hateful”, an extortionist, “violent”, “abusive”, misogynistic, a “homophobe”, treacherous, a “sexual predator” and “one of baseball’s all-time thugs” (Dykstra 2-4, 6).

In finding against Dykstra’s claim, the defense invoked a couple of other points of libel law.  Firstly, the statements in question were “substantially true”.  In addition, the defense argued that the plaintiff cannot claim incremental harm because Dykstra’s reputation would likely be unchanged even if the allegations in the published book were demonstrated to be false.

If one considers the elements of a finding of libel, in the Dykstra case, the plaintiff lost because he was not able to prove that the statements about him were false, that his reputation was capable of being damaged and that he suffered actual harm (Dykstra 5).

 

Works Cited

Dykstra, Lenny vs. St. Martin’s Press LLC. 153676-2019. 2020. Print.

Hudson Jr., David L. “Shady Character.” Tennessee Bar Journal, vol. 52, no. 7, July 2016, pp. 14–17. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=aph&AN=116345329&site=ehost-live&scope=site. Accessed 5 November 2020.

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

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/

A Comparison Between Emotional Abuse and Saul Alinsky’s “Rules for Radicals”

The tone of public discourse about politics in our country today alarms a lot of people of different political persuasions. Events in my recent personal history have caused me to educate myself about emotional abuse tactics that others have used against me. I’ve noticed that a lot of these tactics are prominent in social media and the “mainstream” media. It seems to permeate almost all pop culture, entertainment and “news” which is why I avoid most of it and have for many years. I thought it would be interesting to compare emotional abuse tactics that I have personally experienced with Saul Alinsky’s “Rules for Radicals” and see if there is any overlap.

Here are links to the source documents I used for my comparison:

And here are the results:

My Personal Experience Rules for Radicals
Intended target I was likely perceived as vulnerable because of grieving a deep personal loss and having suffered a recent and extreme career and financial downturn Low-income communities and “have nots”
Gaslighting Ex-boyfriend tried to convince me that I have a lot of illnesses and that my web site gave him a virus. Ex-boss told me I’m not smart enough to learn things in classes I wanted to take. “Whenever possible, go outside the expertise of the enemy.” Look for ways to increase insecurity, anxiety and uncertainty.
Name-calling and put-downs Just in the last week I’ve had the following terms applied to me – “dumb”, “mouth-breathing”, “brain-dead”, “stupid”, “subhuman dwarf”. These were in one-on-one interactions where the people knew exactly who they were addressing.
My ex-boyfriend mocked my physical appearance and gloated and mocked me over signs that I was hurt by his actions.
“Ridicule is man’s most potent weapon.” There is no defense. It’s irrational. It’s infuriating. It also
works as a key pressure point to force the enemy into concessions.
Isolating you from your support networks My ex-boyfriend put down my family and sabotaged a reunion I had with some friends I hadn’t seen in years.
My ex-boss instructed co-workers not to help me with my projects.
“Pick the target, freeze it, personalize it, and polarize it.” Cut off the support network and isolate the
target from sympathy. Go after people and not institutions; people hurt faster than institutions.
Projection – accusing you of doing things they are doing themselves My ex-boyfriend had a lot of debt and I have none but he accused me numerous times of being bad at handling money. “Power is not only what you have, but what the enemy thinks you have.”
They accuse you of being “too sensitive” in order to deflect their abusive remarks When people taunt you and hurt you until you react, they can accuse you of all kinds of things, such as being neurotic and mentally ill. And that’s just the beginning! “If you push a negative hard enough, it will push through and become a positive.”
They try to make you feel as though they are always right, and you are wrong Abusive people have criticized me for not having enough money then got angry at me for working too hard.
I’ve been put down for taking classes to help me with my career while simultaneously being put down by the same person for my career not being sufficiently successful. I’ve been put down for things that I think are common sense – getting exercise, wearing sunscreen, eating healthy food, losing weight, saving my retirement money for retirement, combining car trips to save on gas. An abusive ex-roommate used to put down my hair color (it was natural then!). There doesn’t seem to be any aspect of my life that is too trivial for someone else to take notice of and attack.
“Keep the pressure on. Never let up.” Keep trying new things to keep the opposition off balance.

Results: there is not a one-to-one correspondence, but there is some overlap. I recommend you read the signs of emotional abuse very carefully – is someone in your personal life using those tactics against you? Is the media using those tactics against you? Are political movements using those tactics against you? I’m not pointing the finger at only one side here – I’ve been abused by people from different political points of view. My goal in writing this is to make you more aware of abuse in your life and inspire you to refuse to tolerate it – no matter who is doing it to you!

Book Review: “Why Does He Do That? Inside the Minds of Angry and Controlling Men”

why_does_he_do_thatThis was a really painful book for me to read and this is going to be a really painful review to write.

I once had an employer who fit the emotionally abusive criteria in this book. When he first hired me, he treated me very well. He praised my abilities often. He gave me credit for increased business. He sent me to training and paid for it. He gave me the second best office in the building after his. I thought I had the best boss ever – so much better than all the ones I’d had before. I worked really hard for this boss, and it was my pleasure. It’s nice to have my hard work acknowledged and appreciated!

After a few very happy years, I started noticing that he seemed to be undermining my projects and encouraging other employees to keep information from me that would help me do my job. It didn’t seem to matter if clients were being harmed in the process. No boss would do that, would he? I was just being paranoid, wasn’t I? He started discouraging me from learning new things. He started telling me I didn’t have the ability to learn what I wanted to learn. Then one day he insulted me in front of other employees, then tried to talk me into quitting. When I wouldn’t agree to quit without finding a new job first, he fired me. Then he asked if we could still be friends!

This behavior was unlike any I’d ever experienced before, and I found it baffling. I didn’t enjoy the process, but I got over it pretty quickly because I found a better paying job with an even better boss within 18 hours. I’d noticed this boss lying to other people in the past – I just need to be more skeptical about people who lie, right? If I ever meet someone like this again I’ll be able to recognize it, won’t I?

During the summer before last, I started dating a guy. I was really impressed by how he treated me. He opened doors for me. He made baked goods for me. He showed me lots of affection. He seemed interested in what I said and when I did nice things for him he expressed appreciation. It was wonderful to finally be in a relationship where I was treated well – so much better than all the others. I met his friends and family. Nobody warned me to watch out. For months he talked often of our future life together. We discussed where we’d like to have a wedding, what kind of reception, where we’d live, whether to get a trailer so we could haul two kayaks. I’d never caught him in a lie about his background or work or anything like that. I’d never seen him lie to anyone else – I thought he was an honest guy. When he said he loved me I believed him. I trusted him completely.

For several months he had also been suggesting there might be something wrong with me, like ADD or Asperger’s. I thought he was trying to help me be healthier but I realized later he didn’t want me healthy – his goal was to gradually break down my self confidence. Several times he expressed doubt about my ability to manage money even though I have no debt and he has quite a bit (an example of a manipulation called “Projecting”). He put down my appearance. He told me my web site gave him a virus when it didn’t have one. I did notice he seemed gradually less interested in my activities and interests but he still feigned enough to satisfy me. One night this past summer he talked about where to go on a honeymoon and the very next day, he told me he’d been thinking about breaking up with me for months. Why? Because he was angry that I had a garden and rented an art studio, plus I didn’t make enough money to suit him. He tried to talk me into breaking up with him but when I suggested I go into counseling to try to fix what was wrong with me instead, and made an appointment, he cruelly dragged out the process for several days then dumped me, in order to cause maximum pain and humiliation. He said I was the best girlfriend he’d ever had, he had to dump me because of a “gut feeling”, he loved me and still wanted to be friends later! (Of course I realize now he meant none of that, it’s just an extra bit of cruelty typically added on to confuse the abused person and delay their recovery.)

Well, here I was taken in by the same kind of emotionally abusive person again, going through the exact same stages again, only this time it was much more hurtful because I had really loved him and was changing my plans for my life to include him in it permanently. I thought I was safe with him but he wanted to hurt me for having interests and accomplishments. What is wrong with me that I am vulnerable to this kind of abuse? How can I avoid getting sucked in again?

I read this book hoping to get answers, and I learned a lot. There are certain subtle warning signs that I will pay more attention to next time, although I’m not sure how early one can detect abuse if the person is really good at hiding it. My ex-boyfriend is a very good actor and he had apparently read up on what signs to try to hide – he seemed to cover his tracks ahead of time on so many of the characteristics I should have been looking for. According to the author they do try to hide these things until they are sure you really love them and will really be hurt by them. There are guidelines to tell whether an abuser is a good candidate for change and how to tell if they are changing. I realize I’m lucky I got dumped because the vast majority do not change. Some of them dump you as a punishment for not agreeing with them on everything. How do you know if you’ve been abused? This book will help you figure that out. Lying to someone for months is abuse, for example. There are chapters in the book that address when the relationship goes further than ours did – what to when you’re financially dependent, if there are kids, if you fear it’s not safe to get out, if it escalates to physical violence. It was helpful to read about some of the things I’ve been spared. My emotionally abusive boss had been taken into custody for physically assaulting his wife, I found out later from public records, so the pattern described in the book sure does fit. It’s reassuring to read that my abusers wanted me to think there is something wrong with me so I’d be easier to control but they may have attacked me precisely because there is a lot RIGHT with me and it feeds their ego to hurt me because I am so accomplished. Their incomprehensible behavior now makes sense – making you feel great in the beginning is a tactic called “Love Bombing”. It was painful to realize that the man I had been in love with was not a real person but a persona calculated to best manipulate me – this is called “Mirroring”. Trying to confuse you with lies or make you doubt yourself by suggesting something is wrong with you is called “Gaslighting”. Learn about lots more tactics in here.

This book was hard for me to read and digest, but there are things in here that everyone needs to know. I felt better just reading the reviews so I knew this would be a good book for me to read. Abuse isn’t just a problem that makes women suffer – my male co-worker was a victim of a brutal crime last week. What is the difference between violent crime and abuse? Both involve someone thinking that they are entitled to cause others’ suffering to meet their own selfish needs. Read this to arm yourself against abuse.

Here are some of my older book reviews.

Edit: In 2020, I wrote more about the abuse later in an online artist statement which is still being worked on and written. It turned out to be a lot longer than I planned! Here is a link to the most relevant page to this article. If you want to read more, click the arrow images at the top to scroll forward or backward. Link: http://www.limegreennews.com/roots/m.html

For those recovering from emotional abuse, these links have helped me – they might help you too.

http://liveboldandbloom.com/11/relationships/signs-of-emotional-abuse – recognizing the signs takes awhile sometimes – it can creep up on you slowly and it can happen to anyone

https://www.psychopathfree.com/articles/10-simple-things-you-can-do-to-support-a-survivor-of-emotional-abuse.335/ – send this link to your friends and family

http://www.dbtselfhelp.com/index.html – emotion regulation

https://www.psychopathfree.com/articles/stages-of-grief-from-a-psychopathic-relationship.138/ – understanding the stages of grief might help you avoid beating yourself up for taking too long to get over it