The Financial Situation of Think Tanks

For The Nation, Ken Silverstein has a revealing article, titled “The Secret Donors Behind the Center for American Progress and Other Think Tanks.”  Paying special attention to the Center for American Progress, the article shows how ideas, policies, and people gain credibility, legitimacy, and influence through unseen corporate investments in think tanks. Here are a couple of excerpts:

Nowadays, many Washington think tanks effectively serve as unregistered lobbyists for corporate donors, and companies strategically contribute to them just as they hire a PR or lobby shop or make campaign donations. And unlike lobbyists and elected officials, think tanks are not subject to financial disclosure requirements, so they reveal their donors only if they choose to. That makes it impossible for the public and lawmakers to know if a think tank is putting out an impartial study or one that’s been shaped by a donor’s political agenda. “If you’re a lobbyist, whatever you say is heavily discounted,” says Kathleen Clark, a law professor at Washington University and an expert on political ethics. “If a think tank is saying it, it obviously sounds a lot better. Maybe think tanks aren’t aware of how useful that makes them to private interests. On the other hand, maybe it’s part of their revenue model.”

* * *

[M]any [think tanks] lure big donors with a package of benefits, including personalized policy briefings, the right to directly underwrite and shape research projects, and general support for the donor’s political needs.

Most think tanks are nonprofit organizations, so a donor can even get a nice tax break for contributing. But it’s their reputation for impartiality and their web of contacts that makes them especially useful as policy advocates. “Think tanks can always draw a big audience to your event, including government folks,” a Washington lobbyist who has worked with several told me. “And people generally don’t think they would twist anything, or wonder about where they get their money.”

While think tanks portray themselves as altruistic scholarly institutions, they emphasize their political influence when courting donors. “If you have a particular area of policy interest, you can support a specific research effort under way,” the Brookings Institution says in one pitch for cash. Those interested in 
”a deeper engagement”—read: ready to fork over especially large sums of money—get personal briefings from resident experts and can work directly with senior Brookings officials to draw up a research agenda that will “maximize impact on policymaking.”

The Center for Strategic and International Studies advertises itself as being “in the unique position to bring together leaders of both the public and private sectors in small, often off-the-record meetings to build consensus around important policy issues.” It allows top-tier donors to directly sponsor reports, events and speaker series.

Read the entire article here.

Related Situationist posts:

• 2013 PLMS Conference
• Deep Capture – Part VII
• Deep Capture – Part IX
• Captured Science
• Industry-Funded Research
• Industry-Funded Research – Part II
• The Corporate Situation of Universities
• The Greasy Situation of University Research
• The Deeply Captured Situation of Spilling Oil
• Tushnet on Teles and The Situation of Ideas – Abstract
• The Situation of Policy Research and Policy Outcomes
• The Situation of Medical Research
• The company ‘had no control or influence over the research’ . . . .
• The Situation of University Research
• The Situation of How We Became Fat – Part 3
• The Situation of How We Became Fat – Part 2
• The Situation of How We Became Fat – Part 1
• Michael Pollan on the Political Situation of Food
• Marion Nestle on The Situation of Our Food
• Dr. David Kessler Waxes SituationistThe Situation of our Food – Part I
• Larry Lessig’s Situationism
• A Convenient Fiction
• The Situation of Swift-Boating
• The company “had no control or influence over the research”
• The Century of Dispositionism – Part I, Part II, and Part III

Image Source.

Not Your Granparents’ Prejudice

From NPR’s Code Switch (by Shankar Vedantam) a story about Situationist Contributor Mahzarin Banaji and Situationist friend Tony Greenwald.

Harvard psychologist Mahzarin Banaji was once approached by a reporter for an interview. When Banaji heard the name of the magazine the reporter was writing for, she declined the interview: She didn’t think much of the magazine and believed it portrayed research in psychology inaccurately.

But then the reporter said something that made her reconsider, Banaji recalled: “She said, ‘You know, I used to be a student at Yale when you were there, and even though I didn’t take a course with you, I do remember hearing about your work.’ “

The next words out of Banaji’s mouth: “OK, come on over; I’ll talk to you.”

After she changed her mind, got to thinking. Why had she changed her mind? She still didn’t think much of the magazine in which the article would appear. The answer: The reporter had found a way to make a personal connection.

For most people, this would have been so obvious and self-explanatory it would have required no further thought. Of course, we might think. Of course we’d help someone with whom we have a personal connection.

For Banaji, however, it was the start of a psychological exploration into the nature and consequences of favoritism — why we give some people the kind of extra-special treatment we don’t give others.

In a new book, , Banaji and her co-author, Anthony Greenwald, a social psychologist at the University of Washington, turn the conventional way people think about prejudice on its head. Traditionally, Banaji says, psychologists in her field have looked for overt “acts of commission — what do I do? Do I go across town to burn down the church of somebody who’s not from my denomination? That, I can recognize as prejudice.”

Yet, far from springing from animosity and hatred, Banaji and Greenwald argue, prejudice may often stem from unintentional biases.

Take Banaji’s own behavior toward the reporter with a Yale connection. She would not have changed her mind for another reporter without the personal connection. In that sense, her decision was a form of prejudice, even though it didn’t feel that way.

Now, most people might argue such favoritism is harmless, but Banaji and Greenwald think it might actually explain a lot about the modern United States, where vanishingly few people say they hold explicit prejudice toward others but wide disparities remain along class, and gender lines.

Anthony Greenwald is a social psychologist and a professor at the University of Washington.

Jean Alexander Greenwald/Delacorte Press

The two psychologists have revolutionized the scientific study of prejudice in recent decades, and their — which measures the speed of people’s hidden associations — has been applied to the practice of , law and other fields. Few would doubt its impact, including . (I’ve written about and Greenwald’s work before, in this and in my 2010 book, .)

“I think that kind of act of helping towards people with whom we have some shared group identity is really the modern way in which discrimination likely happens,” Banaji says.

In many ways, the psychologists’ work mirrors the conclusion of another recent book: In , sociologist asks how it is that few people report feeling racial prejudice, while the United States still has enormous disparities. Discrimination today is less about treating people from other groups badly, DiTomaso writes, and more about giving preferential treatment to people who are part of our “in-groups.”

The insidious thing about favoritism is that it doesn’t feel icky in any way, Banaji says. We feel like a great friend when we give a buddy a foot in the door to a job interview at our workplace. We feel like good parents when we arrange a class trip for our daughter’s class to our place of work. We feel like generous people when we give our neighbors extra tickets to a sports game or a show.

In each case, however, Banaji, Greenwald and DiTomaso might argue, we strengthen existing patterns of advantage and disadvantage because our friends, neighbors and children’s classmates are overwhelmingly likely to share our own racial, religious and socioeconomic backgrounds. When we help someone from one of these in-groups, we don’t stop to ask: Whom are we not helping?

Banaji tells a story in the book about a friend, , now a professor at Northeastern University. . . .

Read or listen to the rest of the story here.

Related Situationist posts:

• Blind Spot
• Mahzarin Banaji on The Cycle
• Situationist Contributor Mahzarin Banaji Speaks at HLS
• Mahzarin Banaji on B.F. Skinner
• Mahzarin Banaji at Harvard Law School
• Mahzarin Banaji’s Situation
• The Situation of a Situationist – Mahzarin Banaji
• Banaji & Greenwald on Edge – Part V
• Firstiness

Go to Project Implicit here.  Take the Policy IAT here.

To review all of the previous Situationist posts discussing implicit associations click on the “Implicit Associations” category in the right margin, or, for a list of such posts, click here.

Learn more about the book, Blind Spot, here.

Frontier Tort – Selling Beer in Whiteclay

At Harvard Law School in the fall of 2012, the 80 students in Professor Hanson’s situationist-orient torts class participated in an experimental group project in their first-year torts class. The project required students to research, discuss, and write a white paper about a current policy problem for which tort law (or some form of civil liability) might provide a partial solution.  Their projects, presentations, and white papers were informed significantly by the mind sciences. You can read more about those projects, view the presentations, and download the white papers at the Frontier Torts website.

One of the group projects involved the sale of alcohol to members of the Oglala Sioux in Whiteclay Nebraska outside the Pine Ridge Indian Reservation. Here’s the Executive Summary of the white paper.

Native American Alcoholism: A Frontier Tort

Executive Summary

---

Since its introduction into Native American communities by European colonists, alcohol has plagued the members of many tribes to a disastrous extent. The Oglala Sioux of Pine Ridge have especially suffered from alcoholism, enabled and encouraged by liquor stores just outside the reservation’s borders. Despite the complexities of this situation, media outlets have often reduced it to a pitiable image of dirty, poor Native Americans, degraded by the white man’s vice.

Upon further analysis, however, it becomes evident that there are a variety of factors influencing the situation of Native American alcoholism. While neurobiological, psychological, and genetic factors are often thought to offer plausible internal situational explanations as to why Native Americans suffer so much more potently from this disease than the rest of the nation, high levels of poverty in Native American communities, a traumatic and violent history, and informational issues compound as external situational factors that exacerbate the problem.

Unfortunately, the three major stakeholders in this situation (the alcohol industry, the State of Nebraska, and the Native Americans) have conflicting interests, tactics, and attribution modes that clash significantly in ways that have prevented any meaningful resolution from being reached. However, there are a variety of federal, state, and tribal programs and initiatives that could potentially resolve this issue in a practical way, so long as all key players agree to participate in a meaningful, collaborative effort.

The key to implementation of these policy actions is determining who should bear the costs they require: society as a whole through the traditional federal taxes, the alcohol companies through tort litigation, or the individuals who purchase the alcohol through an alcohol sales tax. Ultimately, an economic analysis leads to the conclusion that liability should be placed upon the alcohol companies and tort litigation damages should fund the suggested policy initiatives.

You can watch the related presentations and download the white paper here.

Related Situationist posts:

• Unrecognized Injustice — The Situation of Rape
• Racial Stereotyping and Alcohol
• Alcohol, Hotdogs, Sexism, and Racism
• The Situation of Willpower
• The Situation of Temptation
• The Situation of Perceived Intentionality
• The Sound Situation of Beer Drinkers
• Students’ Situations Leave Them Less Empathetic (Situationist)
• Studying the Situation of Drinking among College Students
• The Situation of Prejudice: Us vs. Them? or Them Is Us?
• Legitimate Responses to Illegitimate Acts
• The ‘Turban Effect’
• The Situation of Racial Profiling
• The Situation of Being ‘(un)American’

New Book: Drunk Tank Pink

Here at The Situationist, we are always excited to learn about new books bringing insights from the mind sciences to broader audiences, but we are particularly excited when the book in question happens to be written by one of our friends.  And when the author has a great name (more on that later), all the better.

As a result, the publication of Adam Alter’s Drunk Tank Pink has us downright giddy.  Adam is an assistant professor of marketing and psychology at NYU and his research engages behavioral economics, marketing, and the psychology of judgment and decision-making.

Curious about his newest endeavor?  Here are the details:

Drunk Tank Pink

_____________________________________

An illuminating look at the way the thoughts we have and the decisions we make are influenced by forces that aren’t always in our control

Why are people named Kim, Kelly, and Ken more likely to donate to Hurricane Katrina victims than to Hurricane Rita victims? Are you really more likely to solve puzzles if you watch a light bulb illuminate? How did installing blue lights along a Japanese railway line halt rising crime and suicide rates? Can decorating your walls with the right artwork make you more honest? The human brain is fantastically complex, having engineered space travel and liberated nuclear energy, so it’s no wonder that we resist the idea that we’re deeply influenced by our surroundings. As profound as they are, these effects are almost impossible to detect both as they’re occurring and in hindsight. Drunk Tank Pink is the first detailed exploration of how our environment shapes what we think, how we feel, and the ways we behave.

The world is populated with words and images that prompt unexpected, unconscious decisions. We are so deeply attracted to our own initials that we give more willingly to the victims of hurricanes that match our initials: Kims and Kens donate more generously to Hurricane Katrina victims, whereas Rons and Rachels give more openly to Hurricane Rita victims. Meanwhile, an illuminated light bulb inspires creative thinking because it symbolizes insight.

Social interactions have similar effects, as professional cyclists pedal faster when people are watching. Teachers who took tea from the break room at Newcastle University contributed 300 percent more to a cash box when a picture of two eyes hung on the wall. We’re evolutionarily sensitive to human surveillance, so we behave more virtuously even if we’re only watched by a photograph. The physical environment, from locations to colors, also guides our hand in unseen ways. Dimly lit interiors metaphorically imply no one’s watching and encourage dishonesty and theft, while blue lights discourage violent activity because they’re associated with the police. Olympic taekwondo and judo athletes are more likely to win when they wear red rather than blue, because red makes them behave aggressively and referees see them as more dominant. Drunk Tank Pink is full of revelatory facts, riveting anecdotes, and cutting-edge experiments that collectively explain how the most unexpected factors lead us to think, feel, and behave the way we do.

_____________________________________

If you happen to be in New York on March 27th, Malcolm Gladwell will be discussing Drunk Tank Pink with Adam at 7:00 PM at the Barnes and Noble at 2289 Broadway (at 82nd Street).

In the meantime, you can order a copy from Amazon here.

As a special treat for Situationist readers, I have interviewed Adam about his experience writing Drunk Tank Pink and will share his interesting responses in an upcoming post.

Related Situationist posts:

• The Marketing Situation of Doritos (FTC Complaint)
• The Marketing Situation of Children
• Marketing Revolution?
• Sarah Haskins on “Ladyfriend” Stereotypes,
• Selling Products With Sexism,
• Hey Dove! Talk to YOUR parent!,
• Social Networks
• Barbie Commercials Across the Decades and the Implications on Female Identity and Objectification,
• Shades of Fairness and the Marketing of Prejudice
• The Marketing Situation of Children
• The Situation of Eating

The Big Game: What Corporations Are Learning About the Human Brain

This post (authored by Adam Benforado) was originally published on February 4, 2007.

As I stake out my position on the couch this evening – close enough to reach the pretzels and my beer, but with an optimal view of the TV – it will be nice to imagine that the spectacle about to unfold is a sporting event.It shouldn’t be too hard: after all, there on the screen will be the field, Brian Urlacher stretching out his quads, Peyton Manning tossing a football, referees in their freshly-starched zebra uniforms milling about.Yes, I’ll think to myself, this has all the makings of a football game.

How foolish.

The Super Bowl isn’t about sports; it’s about making money.And with 90 million or so viewers, there is a lot of money to be made.

With CBS charging an estimated $2.6 million for each 30-second advertising spot, it’s no surprise that corporations don’t mess around with guessing what the most effective approach will be for selling their products.They call in the scientists.

For the second year in a row, FKF Applied Research has partnered with the Ahmanson-Lovelace Brain Mapping Center at the University of California, Los Angeles, to “measure the effect of many of the Super Bowl ads by using fMRI technology.”The research involves “track[ing] the ads on a host of dimensions by looking for activity in key parts of the brain areas that are known to be involved in wanting, choosing, sexual arousal, fear, indecision and reward.”As the FKF website explains, why this research is useful to Fortune 100 companies is that it

shows clearly that what people say in focus groups and in response to poll questions is not what they actually think, feel and do. fMRI scans using our analytical methods allow us to see beyond self report and to understand the emotions and thoughts that are driving (or impeding) behavior.

Looking beyond the spoken word provides immense and actionable insights into a brand, a competitive framework, advertising and visual images and cues.

As it turns out, “brand” lives in a particular place in the human brain:

[W]hen [FKF] did an academic study on the impact of iconic brands, such as Pepsi and Coke and McDonalds, [they] found that the same part of the brain lit up over images of sports logos – say, for the NBA or NFL. There is a clear connection in the human brain between the anticipation of eating that you get from, say, the Coke logo and with the NBA logo.

For someone like me, who has always wondered why I feel so hungry reading the sports page, this is interesting stuff.For a corporate CEO, this is extremely interesting – and actionable – stuff.For everyone else . . . this is a reason to be concerned.

Corporations are using science to figure out how our brains work so they can sell more products and what they are finding is that our brains don’t work the way we think they do.

Anticipating this worry, FKF has an Ethics tab on its website:

We are committed to the highest level of ethical behavior in conducting our work. We are determined to be diligent in carving out a new field, and being a leader and advocate in ensuring the best interests of our subjects, the public, and our clients are protected. . . . We believe that wide dissemination about how people make decisions will empower all concerned – both consumers and purveyors of information. Such information, freely discussed in a democracy, will allow us to understand better how marketing is affecting us, discredit manipulation, promote communication, and help illuminate a process that fundamentally shapes the lives of human beings.

Sounds good – in fact, it sounds like situationism, and I have no reason to think that the founders of FKF, or the university scientists with whom they work, aren’t upstanding citizens with good moral compasses.It’s just that I’m still uneasy.

Corporations don’t exactly have a good track record when it comes to learning counterintuitive information about human decision making and then using it responsibly.Rather, the best approach for maximizing shareholder profit is to discover some seemingly-illogical detail about the human brain, use that knowledge to sell more widgets, and then convince the public that their naïve (and incorrect) beliefs about how they make choices are, in fact, correct.

Take big tobacco: as Jon Hanson and others have documented, after figuring out that nicotine was addictive and could compel people to buy Marlboros, cigarette companies made a concerted effort to both up nicotine concentrations in their products and convince people, through advertising, that they were rational actors who were not easily manipulated.From the perspective of an entity that is charged, through our legal rules, with making money (and not with doing social good), it makes little sense to alter peoples’ situations to get them to be better consumers and then tell them that you are doing it and that it matters.

Why, that would be as silly as announcing a weak-side blitz to the quarterback before the play.Sure, it would be the nice, ethical thing to warn decent gentlemen like Manning and Rex Grossman of the imminent threat, but it’s not part of the game we’ve developed.Football is a game where you can get blind-sided.

As corporations and our brains make certain, so is watching football.

* * *

(To read about the results of a brain-scan study of men and women watching the 2006 Super Bowl by UCLA neuroscientist Marco Iacobini, click here. To listen to a recent one-hour NPR (On Point) program on “The Changing World of Advertising,” click here.)

The Situation of Habits

From Goodlife Project:

Jonathan Fields, interviews New York Times investigative reporter and author of The Power of Habit, Charles Duhigg.

Related Situationist Posts:

• The Situation of Good Habits
• The Situation of How We Became Fat – Part 2
• The Situation of Self-Regulation
• The Situation of Willpower
• Investing in Vice
• The Science of Addiction, The Myth of Choice
• The Situational Effects of Food Advertising
• The Marketing Situation of Doritos (FTC Complaint)
• The Big Game: What Corporations Are Learning About the Human Brain

The Situation of How We Became Fat – Part 3

Part 3 of the BBC’s Remarkable Three-Part Series “The Men Who Made Us Fat”:

Jacques Peretti examines assumptions about what is and is not healthy. He also looks at how product marketing can seduce consumers into buying supposed ‘healthy foods’ such as muesli and juices, both of which can be high in sugar.

He speaks with Simon Wright, an ‘organic consultant’ for Sainsbury’s in the 1990s, who explains how the food industry cashed in on the public’s concerns around salmonella, BSE and GM crops. By 1999 the organic industry was worth over £605M, a rise of 232% within two years.

How did the mainstream food producers compete? Peretti speaks with Kath Dalmeny, former policy director at the Food Commission, who explains some of the marketing strategies used by mainstream food producers to keep our custom.

The programme also explores the impact of successive government initiatives and health campaigns, such as the proposal of ‘traffic light labelling’, the introduction of which the food industry lobbied hard against.

But in 2012, when we have an Olympic Games sponsored by McDonalds and Coca Cola, has anything changed?

Related Situationist posts:

• The Situation of How We Became Fat – Part 2
• The Situation of How We Became Fat – Part 1
• Michael Pollan on the Political Situation of Food
• Marion Nestle on The Situation of Our Food
• Dr. David Kessler Waxes Situationist
• The Situation of our Food – Part I
• The Situation of Our Food – Part II
• The Situation of Our Food – Part III
• The Situation of our Food – Part IV
• The Situation of Our Food – Part V

For more on the situation of eating, see Situationist contributors Adam Benforado, Jon Hanson, and David Yosfion’s law review article Broken Scales: Obesity and Justice in America.  For a listing of numerous Situaitonist posts on the situational sources of obesity, click here.

The Situation of How We Became Fat – Part 2

Part 2 of the BBC’s Remarkable Three-Part Series “The Men Who Made Us Fat”:

Jacques Peretti investigates how the concept of ‘supersizing’ changed our eating habits forever. How did we – once a nation of moderate eaters – start to want more?

Speaking to Mike Donahue, former McDonalds Vice President, Peretti explores the history behind the idea of supersizing. 40 years ago, McDonalds hired David Wallerstein, a former cinema manager who had introduced the idea of selling larger popcorn servings in his Chicago cinema. Wallerstein realised that people would eat more but they didn’t like the idea of appearing gluttonous by going back for seconds. By increasing the portion sizes and the cost, he could sell more food. In 1972, he introduced the idea to McDonalds and their first large fries went on sale.

By the 1980s, we were eating more – and eating more often. Perretti speaks with industry professionals to examine the story behind the introduction of value meals, king-size snacks and multi-buy promotions. How did the advertising industry encourage us to eat more often?

The programme also explores the developments in dietary advice – by 2003, the Chief Medical Officer was warning of an ‘obesity time bomb.’ Peretti speaks to obesity expert Professor Philip James, who made recommendations in his 1996 report that the food industry should cease targeting children in their advertisements. He also speaks with Professor Terry Wilkin, who led a pioneering study into childhood weight gain; and former Labour MP David Hinchliffe, who chaired the 2003 Parliamentary Select Committee on Health.

Related Situationist posts:

• The Situation of How We Became Fat – Part 1
• Michael Pollan on the Political Situation of Food
• Marion Nestle on The Situation of Our Food
• Dr. David Kessler Waxes Situationist
• The Situation of our Food – Part I
• The Situation of Our Food – Part II
• The Situation of Our Food – Part III
• The Situation of our Food – Part IV
• The Situation of Our Food – Part V

For more on the situation of eating, see Situationist contributors Adam Benforado, Jon Hanson, and David Yosfion’s law review article Broken Scales: Obesity and Justice in America.  For a listing of numerous Situaitonist posts on the situational sources of obesity, click here.

The Situation of How We Became Fat – Part 1

From Introduction of BBC’s Remarkable Three-Part Series “The Men Who Made Us Fat”:

Around the world, obesity levels are rising. More people are now overweight than undernourished. Two thirds of British adults are overweight and one in four of us is classified as obese. In the first of this three-part series, Jacques Peretti traces those responsible for revolutionising our eating habits, to find out how decisions made in America 40 years ago influence the way we eat now.

Peretti travels to America to investigate the story of high-fructose corn syrup. The sweetener was championed in the US in the 1970s by Richard Nixon’s agriculture secretary Earl Butz to make use of the excess corn grown by farmers. Cheaper and sweeter than sugar, it soon found its way into almost all processed foods and soft drinks. HFCS is not only sweeter than sugar, it also interferes with leptin, the hormone that controls appetite, so once you start eating or drinking it, you don’t know when to stop.

Endocrinologist Robert Lustig was one of the first to recognise the dangers of HFCS but his findings were discredited at the time. Meanwhile a US Congress report blamed fat, not sugar, for the disturbing rise in cardio-vascular disease and the food industry responded with ranges of ‘low fat’, ‘heart healthy’ products in which the fat was removed – but the substitute was yet more sugar.

Meanwhile, in 1970s Britain, food manufacturers used advertising campaigns to promote the idea of snacking between meals. Outside the home, fast food chains offered clean, bright premises with tempting burgers cooked and served with a very un-British zeal and efficiency. Twenty years after the arrival of McDonalds, the number of fast food outlets in Britain had quadrupled.

Related Situationist posts:

• Michael Pollan on the Political Situation of Food
• Marion Nestle on The Situation of Our Food
• Dr. David Kessler Waxes Situationist
• The Situation of our Food – Part I
• The Situation of Our Food – Part II
• The Situation of Our Food – Part III
• The Situation of our Food – Part IV
• The Situation of Our Food – Part V

For more on the situation of eating, see Situationist contributors Adam Benforado, Jon Hanson, and David Yosfion’s law review article Broken Scales: Obesity and Justice in America.  For a listing of numerous Situaitonist posts on the situational sources of obesity, click here.

The Situation of Poor Choices

Social psychologist and Situationist friend Dave Nussbaum has another outstanding situationist post over on Random Assignments.  Here’s how it starts.

One of the obstacles that keeps the poor from rising out of poverty is the tendency to make costly financial decisions – like buying lottery tickets, taking out high interest loans (PDF), and failing to enroll in assistance programs – that only make their situation worse. In the past, these poor decisions have been attributed either to low income individuals’ personalities or issues in their environment, such as poor education or substandard living conditions. New research published this month in Science by Booth Assistant Professor of Behavioral Science Anuj Shah points to a new answer: living with scarcity changes people’s psychology.

The basic idea is that when resources are scarce – when people are short on time, or money, or food – each decision about how best to use those resources takes on greater urgency than when resources are abundant. This focus can have positive effects in the short term, but it comes at the expense of neglecting other, less urgent demands. For example, when they are under the press of urgent expenses like rent and groceries, people may neglect to do routine maintenance on their car and end up with costly (and avoidable) repairs down the road.

Shah, along with colleagues Sendhil Mullainathan of Harvard and Eldar Shafir of Princeton, published five studies in which he studied the effects of scarcity on decision making in various games in which people were paid according to their performance. In each of the studies some people received ample resources with which to play, while others received very few. Moreover, in some studies the players had the opportunity to borrow additional resources with interest. The researchers then observed how scarcity affected the players’ borrowing behavior, their performance, and the psychological processes at play.

Across the studies Shah found that for people who had very few resources, the games took on more urgency. They became more focused on the task at hand in order to make the best use of their scarce resources, but that this added focus came at a price, including mental fatigue, costly borrowing decisions, and poor overall performance.

For example, in an Angry Birds-type of game, in which the object was to knock down as many targets as possible, players who could take only three shots per round spent more time aiming each shot than players who had fifteen shots. This added focus improved performance, but it had downsides. When players were given the opportunity to “borrow” a shot, by giving up two shots in a later round of the game, players who had fewer in shots made counterproductive borrowing decisions that hurt their overall performance.

Read the rest of Dave’s post, discussing possible implications of the research, here.

Related Situationist posts:

• Rich Brains, Poor Brains?
• Poverty and Delinquency
• The Situational Consequences of Poverty on Brains
• Inequality and the Unequal Situation of Mental and Physical Health
• The Situation of Poor Education
• Consuming Merit, Gatekeeping, and Reproducing Wealth
• The Situation of I.Q.

Michael Pollan on the Political Situation of Food

Host Harry Kreisler welcomes writer Michael Pollan for a discussion of the agricultural industrial complex that dominates consumer choices about what to eat. He explores the origins, evolution and consequences of this system for the nations health and environment. He highlights the role of science, journalism, and politics in the development of a diet that emphasizes nutrition over food. Pollan also sketches a reform agenda and speculates on how a movement might change Americas eating habits. He also talks about science writing, the rewards of gardening, and how students might prepare for the future.

Related Situationist posts:

• Marion Nestle on The Situation of Our Food
• Dr. David Kessler Waxes Situationist
• The Situation of our Food – Part I
• The Situation of Our Food – Part II
• The Situation of Our Food – Part III
• The Situation of our Food – Part IV
• The Situation of Our Food – Part V

For more on the situation of eating, see Situationist contributors Adam Benforado, Jon Hanson, and David Yosfion’s law review article Broken Scales: Obesity and Justice in America.  For a listing of numerous Situaitonist posts on the situational sources of obesity, click here.

Marion Nestle on The Situation of Our Food

Related Situationist posts:

• Dr. David Kessler Waxes Situationist
• The Situation of our Food – Part I
• The Situation of Our Food – Part II
• The Situation of Our Food – Part III
• The Situation of our Food – Part IV
• The Situation of Our Food – Part V

For more on the situation of eating, see Situationist contributors Adam Benforado, Jon Hanson, and David Yosfion’s law review article Broken Scales: Obesity and Justice in America.  For a listing of numerous Situaitonist posts on the situational sources of obesity, click here.

The Deeply Captured Situation of Sugar

Mother Jones has a superb new article on the deeply captured situation of sugar.  It begins as follows:

ON A BRISK SPRING Tuesday in 1976, a pair of executives from the Sugar Association stepped up to the podium of a Chicago ballroom to accept the Oscar of the public relations world, the Silver Anvil award for excellence in “the forging of public opinion.” The trade group had recently pulled off one of the greatest turnarounds in PR history. For nearly a decade, the sugar industry had been buffeted by crisis after crisis as the media and the public soured on sugar and scientists began to view it as a likely cause of obesity, diabetes, and heart disease. Industry ads claiming that eating sugar helped you lose weight had been called out by the Federal Trade Commission, and the Food and Drug Administration had launched a review of whether sugar was even safe to eat. Consumption had declined 12 percent in just two years, and producers could see where that trend might lead. As John “JW” Tatem Jr. and Jack O’Connell Jr., the Sugar Association’s president and director of public relations, posed that day with their trophies, their smiles only hinted at the coup they’d just pulled off.

Their winning campaign, crafted with the help of the prestigious public relations firm Carl Byoir & Associates, had been prompted by a poll showing that consumers had come to see sugar as fattening, and that most doctors suspected it might exacerbate, if not cause, heart disease and diabetes. With an initial annual budget of nearly $800,000 ($3.4 million today) collected from the makers of Dixie Crystals, Domino, C&H, Great Western, and other sugar brands, the association recruited a stable of medical and nutritional professionals to allay the public’s fears, brought snack and beverage companies into the fold, and bankrolled scientific papers that contributed to a “highly supportive” FDA ruling, which, the Silver Anvil application boasted, made it “unlikely that sugar will be subject to legislative restriction in coming years.”

The story of sugar, as Tatem told it, was one of a harmless product under attack by “opportunists dedicated to exploiting the consuming public.” Over the subsequent decades, it would be transformed from what the New York Times in 1977 had deemed “a villain in disguise” into a nutrient so seemingly innocuous that even the American Heart Association and the American Diabetes Association approved it as part of a healthy diet. Research on the suspected links between sugar and chronic disease largely ground to a halt by the late 1980s, and scientists came to view such pursuits as a career dead end. So effective were the Sugar Association’s efforts that, to this day, no consensus exists about sugar’s potential dangers. The industry’s PR campaign corresponded roughly with a significant rise in Americans’ consumption of “caloric sweeteners,” including table sugar (sucrose) and high-fructose corn syrup (HFCS). This increase was accompanied, in turn, by a surge in the chronic diseases increasingly linked to sugar. Since 1970, obesity rates in the United States have more than doubled, while the incidence of diabetes has more than tripled.

Read the entire article and related items here.

Related Situationist posts:

• Dr. David Kessler Waxes Situationist
• Big Tobacco still at it
• Tushnet on Teles and The Situation of Ideas – Abstract
• Larry Lessig’s Situationism
• The Situation of Medical Research
• The Situation of University Research
• The Regulatory Situation of Smoking
• Deep Capture – Part VII
• Deep Capture – Part IX
• Industry-Funded Research
• Industry-Funded Research – Part II
• Promoting Smoking through Situation
• The Science of Addiction, The Myth of Choice
• Captured Science
  
• The company “had no control or influence over the research” . . . .
• The Deeply Captured Situation of Medicine

Seduction by Contract

Oren Bar-Gill recently posted his introductory chapter for his intriguing new book, “Seduction by Contract: Law, Economics and Psychology in Consumer Markets” on SSRN.   Here’s the abstract.

Consumers routinely enter into contracts with providers of goods and services. These contracts are designed by sophisticated sellers to exploit the psychological biases of consumers. They provide short-term benefits, while imposing long-term costs – because consumers are myopic and optimistic. They are excessively complex – because complexity allows sellers to hide the true cost of the product or service from the imperfectly rational consumer. Using both general theory and detailed case studies, this book explains the costs – to consumers and society at large – imposed by seductive contracts, and outlines a promising legal policy solution: Disclosure mandates. Simple, aggregate disclosures can help consumers make better choice. Comprehensive disclosures can facilitate the work of intermediaries, enabling them to better advise consumers. Effective disclosure would expose the seductive nature of consumer contracts and, as a result, reduce sellers’ incentives to write inefficient contracts.

Download the introduction for free here.

Related Situationist posts:

• Taking the Situation of Consumers Seriously
• The Situation of Creating a Consumer Financial Protection Bureau
• Hey Dove! Talk to YOUR parent!
• Tamara Piety on Market Manipulation
• Taking Behavioralism Seriously (Part I) – Abstract and Top Ten List
• Promoting Smoking through Situation
• The Big Game: What Corporations Are Learning About the Human Brain
• Warren on the Situation of Credit
• The Financial Squeeze: Bad Choices or Bad Situations?
• No Contract for Old Men
• The Situation of Subprime Mortgage Contracts - Abstract
• The Situation of Our Food – Part II
• The Situation of Our Food – Part III
• The Changing Face of Marketing?

One of the very first legal-academic articles (part of  a trilogy) devoted to the way sellers manipulate consumers is Taking Behavioralism Seriously: The Problem of Market Manipulation (74 N.Y.U.L. Rev. 363 (1999)) available for free download on SSRN.

Rebecca Saxe on the State of Cognitive Neuroscience

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Rebecca Saxe is an Associate Professor of Cognitive Neuroscience in the department of Brain and Cognitive Sciences at MIT. She is also an associate member of the McGovern Institute for Brain Research. She is known for her research on the neural basis of social cognition.

Related Situationist posts:

• Rebecca Saxe on Situationism
• Rebecca Saxe on how we read each other’s minds
• Dan Gilbert on Why the Brain Scares Itself
• Nancy Kanwisher on the Situation of our Brain
• Smart People Thinking about People Thinking about People Thinking
• “The Grand Illusion” — Believing We See the Situation
  

The Interior Situational Effect of Ads

Video from UMISR:

Brain scans showing neural reactions to pro-health messages can predict if you’ll keep that resolution to quit smoking more accurately than you yourself can. In this video, ISR researcher Emily Falk talks about her current and future research.

From APS (regarding Psychological Science article by Emily Falk, Elliot T. Berkman, and Matt Lieberman):

Brain scans of a small group of people can predict the actions of entire populations, according to a new study by researchers from the University of Michigan, the University of Oregon and the University of California, Los Angeles.

The findings are relevant to political advertising, commercial market research, and public health campaigns, and broaden the use of brain imaging from a diagnostic to a predictive tool.

As opposed to the wisdom of the crowd, the study suggests that the neurological reactions of a few – reactions that people are not even consciously aware of, and that differ from the opinions they express – can predict the responses of many other people to ad campaigns promoting specific behaviors.

“Brain responses to ads forecasted the ads’ success when other predictors failed,” said Emily Falk, first author of the study, which appears online in Psychological Science, a journal of the Association for Psychological Science. Falk directs the University of Michigan Communication Neuroscience Lab.

Falk conducted the study with Elliot Berkman at the University of Oregon and Matthew Lieberman at UCLA. The researchers were supported by the National Science Foundation and by the National Institutes of Health.

“If people are making decisions based on what focus groups tell them, here’s an important brain region saying, ‘No, spend your money a different way,’” Matthew Lieberman said. “If I were deciding on an advertising campaign, I would want to know which ads are activating this region the most — that is where I would want to spend my money.”

“Our findings could help design better health campaigns. This is a key step in reducing the number of smokers and reducing deaths from cancer, heart disease, and other smoking-related illnesses,” Falk said.

The findings might also help produce more effective political campaign ads, and provide a neural roadmap to why some videos, fashions, behaviors, and ideas go viral, moving from one person to many thousands of others via social media.

For the study, the researchers recruited 31 heavy smokers with a strong desire to quit, and examined their neural responses to three anti-smoking ad campaigns, using functional magnetic resonance imaging (fMRI). All the ads directly urged viewers to call the National Cancer Institute’s tobacco quit line (1-800-QUIT-NOW).

Following the fMRI, participants rated the effectiveness of the ads they had just viewed in a variety of ways. The researchers compared their brain scans to their reports on the ads’ effectiveness.

To obtain population-level measures, the researchers compared the number of calls to the tobacco quit-line in the month before and after each media campaign first aired in three different media markets.

When asked what they thought of the ads, participants’ rated Campaign B the highest, followed by Campaign A and then Campaign C. Industry experts familiar with the campaigns also disliked Campaign C. The three campaigns used very different strategies. Raters found Campaign C annoying and guessed that it would be ineffective. By contrast, Campaigns A and B resonated with participants, but in the end were less effective in actually driving calls to 1-800-QUIT-NOW.

But brain scans, which focused on the medial pre-frontal cortex, an area of the brain identified in earlier studies as linked to positive responses to persuasive messages, showed a completely different order, with Campaign C eliciting the strongest response.

At the population level, each ad campaign led to increases in call volume to the quit-smoking line, compared with a no-media control month before the launch of each campaign. The increases ranged from 2.8 to 32 times higher than the control month, and the researchers found that Campaign C led to the highest increases, followed by Campaign B and lastly Campaign A — just the opposite of the participants’ guesses but precisely the same as their brain scans showed.

“It seems that the brain is picking up on important features of these ads, but we’re not sure what these features are yet,” Falk said. “We’re doing follow up studies now to translate what the brain is telling us about how to design better messages.”

This new research represents “the first thing you could call a neural focus group,” Lieberman said.

One reason focus groups can be misleading, he said, is that people often do not know what motivates their own behavior.

“Our brain is built to generate reasons for our actions,” Lieberman said, “and we think the reasons we come up with must be true. We believe our own reasons with an intensity that is out of proportion to their accuracy. In this study, we are bypassing people’s self-reports and getting at a form of hidden wisdom in the brain.”

“These findings could help us improve the success of campaigns,” Falk emphasized. “In the long run, we hope this will help us fight cancer and other preventable diseases.”

* * *

The article’s citation is as follows: Falk, E. B., Berkman, E. T., & Lieberman, M. D. (2012). From neural responses to population behavior: Neural focus group predicts population level media effects. Psychological Science, 23, 439-445. 

Go to the Social Cognitive Neuroscience Laboratory to download a pdf of the article.

Related Situationist posts:

• How Deceptive Advertising Preys Upon Our Minds
• The Situational Effects of Food Advertising
• The Marketing Situation of Doritos (FTC Complaint)
• The Big Game: What Corporations Are Learning About the Human Brain
• Miss Representation – Premieres Tonight on OWN
• Hey Dove! Talk to YOUR parent!
• Barbie Commercials Across the Decades and the Implications on Female Identity and Objectification
• The Marketing Situation of Children.

Materialism, Consumerism, and Happiness

From APS:

Money doesn’t buy happiness. Neither does materialism: Research shows that people who place a high value on wealth, status, and stuff are more depressed and anxious and less sociable than those who do not. Now new research shows that materialism is not just a personal problem. It’s also environmental. “We found that irrespective of personality, in situations that activate a consumer mindset, people show the same sorts of problematic patterns in wellbeing, including negative affect and social disengagement,” says Northwestern University psychologist Galen V. Bodenhausen. The study, conducted with colleagues Monika A. Bauer, James E. B. Wilkie, and Jung K. Kim, appears in Psychological Science, a journal of the Association for Psychological Science.

In two of four experiments, university students were put in a materialistic frame of mind by tasks that exposed them to images of luxury goods or words mobilizing consumerist values (versus neutral scenes devoid of consumer products or words without such connotations). Completing questionnaires afterwards, those who looked at the pictures of cars, electronics, and jewelry rated themselves higher in depression and anxiety, less interested in social activities like parties, and more in solitary pursuits than the others. Those primed to materialism by exposure to certain words evinced more competitiveness and less desire to invest their time in pro-social activities like working for a good cause.

In two other experiments, participants completed tasks that were framed as surveys—one of consumer responses, another of citizens.’ The first experiment involved moving words toward or away from the participant’s name on a computer screen—positive and negative emotion words and “neutral” ones that actually suggested materialism (wealth, power), self-restraint (humble, discipline), transcendence of self, or self-indulgence. The people who answered the “consumer response survey” more quickly “approached” the words that reflected materialistic values than those in the “citizen” survey. The last experiment presented participants with a hypothetical water shortage in a well shared by four people, including themselves. The water users were identified either as consumers or individuals. Might the collective identity as consumers—as opposed to the individual role—supersede the selfishness ordinarily stimulated by the consumer identity? No: The “consumers” rated themselves as less trusting of others to conserve water, less personally responsible and less in partnership with the others in dealing with the crisis. The consumer status, the authors concluded “did not unite; it divided.”

The findings have both social and personal implications, says Bodenhausen. “It’s become commonplace to use consumer as a generic term for people,” in the news or discussions of taxes, politics, or health care. If we use term such as Americans or citizens instead, he says, “that subtle difference activates different psychological concerns.” We can also take personal initiative to reduce the depressive, isolating effects of a materialist mindset by avoiding its stimulants—most obviously, advertising. One method: “Watch less TV.”

Related Situationist posts:

• The Situation of Money-Based Happiness
• Adult Well Being and Social Connection
• Dan Gilbert on the Situation of Happy
• On Money and Motivation
• The Situation of High Marginal Income Tax Rates and Motivation
• Money and the Situation of Happiness
• The Situation of Money and Happiness
• Receiving by Giving
  
• Something to Smile About
• Resisting Materialism
• Redirect
• Money Priming
• Body Image and Materialism
• Law, Competition, Self-Interest
• The Situation of Being Green
• The Situation of Objectification
• The Situational Effects of Wealth and Status
• Shocking for Money

Firstiness

From Haas Newswroom (UC Berkeley) (a press release regarding an article co-authored by Situationist Contributor Mahzarin Banaji and Situationist friend Dana Carney):

How people make choices depends on many factors, but a new study finds people consistently prefer the options that come first: first in line, first college to offer acceptance, first salad on the menu – first is considered best.

The paper, “First is Best,” recently published in PLoS ONE by Dana R. Carney, assistant professor of management, University of California, Berkeley’s Haas School of Business, and co-author Mahzarin R. Banaji, professor of psychology, Harvard University.

In three experiments, when making quick choices, participants consistently preferred people (salespersons, teams, criminals on parole) or consumer goods presented first as opposed to similar offerings in second and sequential positions. The authors say their findings may have practical applications in a variety of settings including in consumer marketing.

“The order of individuals performing on talent shows like American Idol. The order of potential companies recommended by a stockbroker. The order of college acceptance letters received by an applicant. All of these firsts have privileged status,” says Carney. “Our research shows that managers, for example in management or marketing, may want to develop their business strategies knowing that first encounters are preferable to their clients or consumers.”

The study found that especially in circumstances under which decisions must be made quickly or without much deliberation, preferences are unconsciously and immediately guided to those options presented first. While there are sometimes rational reasons to prefer firsts, e.g. the first resume is designated on the top of the pile because that person wanted the job the most, Carney says the “first is best” effect suggests that firsts are preferred even when completely unwarranted and irrational.

The study’s first experiment asked 123 participants to evaluate three groups: (a) two teams, (b) two male salespersons, and (c) two female salespersons. First, participants were asked to join one of the two teams and were introduced to the Hadleys and the Rodsons. Immediately following the introduction, they decided which team to join. Next, participants were told they were buying a car and introduced to two male salespersons: Jim and Jon. Immediately following the introduction, they selected the salesperson from whom they preferred to buy a car. Finally, participants were told they needed to re-make their car-buying decision and that they would be introduced to two new salespersons; this time, female: Lisa and Lori. After sequential introduction they, again, decided which person they’d like to buy a car from.

When asking participants about their choices, the researchers asked about choice in two ways: conscious/deliberate choice, which was self-reported (i.e.., “I prefer Lisa to Lori”), or they completed a reaction-time task adapted from cognitive psychology in which participants’ automatic, unconscious preference for each option was assessed (i.e. “good,” “better,” “superior”).  Regardless of whom people said they preferred, on the unconscious, cognitive measure of preference, participants always preferred the first team or person to whom they were introduced.

To test the choice preferences of consumer goods, the researchers asked 207 passengers at a train station to select one of two pieces of similar bubble gum in a “rapid decision task” or choosing within a second of seeing the choices (using psychologist Daniel Kahneman’s theory on ‘thinking, fast and slow’). Once again, the result was the same: when thinking fast, the bubble gum presented first was the preferable choice in most cases.

Researchers considered the salespeople and the gum relatively positive stimuli, without controversy. In order to test their theory with negatively charged options, Carney and Banaji asked another group of 31 participants to choose between pairs of convicted criminals and decide which one was more worthy of parole instead of prison. After viewing mug shots of two 29 year-old criminals known to have committed the same violent crimes with similar features and facial expressions, again, when “thinking fast,” participants judged the first criminal presented as more worthy of parole.

If order matters, why? Carney contends the proven “primacy has power” theory may provide the best answers. The paper cites, “a preference for firsts has its origins in an evolutionary adaptation favoring firsts …” For example, in most cases, humans tend to innately prefer the first people they meet: a mother, family members. In addition, those preferences are associated with what’s safe. Carney says the historic concept of the established “pecking order” also supports their findings that people find “first is best.”

From The Economist(some discussion of the marketing implications of these findings):

The order in which people experience things affects their opinion of them: they tend to like the first option best.

This is the result of a new study by Dana Carney of Berkeley’s Haas School of Business and Mahzarin Banaji of Harvard University. To test their hypothesis, the researchers conducted a series of experiments. In one volunteers were shown pictures of two violent criminals and then asked which one deserved parole. Most felt more merciful towards the first mugshot they were shown (different volunteers saw different villains first).

This bias affects commercial decisions, too. Asked which type of chewing gum they preferred, 68% of respondents at a railway station in Boston picked the first stick they were offered. In another experiment, volunteers more often wanted to buy a car from the first salesperson they met rather than the second.

In their paper, entitled “First is Best”, the authors contend that the first option in a series will be “consistently preferred” if the chooser is under time pressure or slightly distracted. Thanks to mobiles, meetings and toddlers that pretty much describes modern life for many people.

Clever companies have noticed, and compete to bump whatever they are selling to the front of the queue. That is why the first slot in an advertisement break on television costs more than the second; it’s roughly 10-15% pricier, according to Jonathan Allan, sales director at Channel 4, a British broadcaster. It is also why an ad that introduces a rival’s product first, even in order to disparage it, may well backfire. Advertising firms themselves like to go first when pitching for an account. “It sets the benchmark for everybody else,” says Bridget Angear of AMV BBDO, an advertising agency.

Read the entire Economist article here.

See the full paper.

Related Situationist posts:

• Slow Choose the Jam
• Dan Kahneman on Fast and Slow Thinking
• The Situation of the Voting Booth
• The Situation of Pollworkers and Voting Booths – Abstract
• Unconscious Situation of Choice
• The Situation of Reason
• Part I, Part II, Part III, and Part IV of “The Unconscious Situation of our Consciousness”

Image from Flickr.

Corporations, Cars, the U.S.A., and Us

Benjamin Levin just posted his excellent article “Made in the USA: Corporate Responsibility and Collective Identity in the American Automotive Industry” (forthcoming Boston College Law Review, Vol. 53, No. 3, p. 821, 2012) on SSRN.  Here’s the abstract:

This Article seeks to challenge the corporate-constructed image of American business and American industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and the realities of doctrinal corporate law, I hope to examine the ways that we as social actors, legal actors, and (perhaps above all) consumers understand what it means for a corporation or a corporation’s product to be American. In a global economy where labor, profits, and environmental effects are spread across national borders, what does it mean for a corporation to present the impression of national citizenship? Considering the recent bail-out of the major American automotive corporations, the automotive industry today becomes a powerful vehicle for problematizing the conflicted private/public nature of the corporate form and for examining what it means for a corporation to be American and what duties and benefits such an identity confers.

By examining the ways in which consumable myths of the American corporation interact with the institutions and legal regimes that govern American corporations, I argue that the advertised image of the national in the global economy serves as a broad corporate veil, a way of obscuring the consumer’s understanding of corporate identity and corporate accountability. With these overarching issues and questions as a guide, this Article will historically situate the identification of corporate nationality within a broader framework of debates on corporate social responsibility and interrogate the way that we conceive of the American corporation and corporate decision making.

Download the article for free here.

Related Situationist posts:

• The Regulatory Situation of Smoking
• Deep Capture – Part VII
• Deep Capture – Part IX
• Industry-Funded Research
• Industry-Funded Research – Part II
• Promoting Smoking through Situation
• Captured Science
• The company “had no control or influence over the research” . . . .
• Hey Dove! Talk to YOUR parent!
• Barbie Commercials Across the Decades and the Implications on Female Identity and Objectification
• Our Stake in Corporate Behavior
• Taking the Situation of Consumers Seriously
• Against Freedom of Commercial Expression – Abstract
• Tamara Piety on Market Manipulation
• Merchants of Discontent – Abstract
• The Changing Face of Marketing?
• Reclaiming Corporate Law in a New Gilded Age – Abstract
• The Changing Face of Marketing?
• The Illusion of Wall Street Reform
• Big Tobacco still at it

Exciting New Book from Tamara Piety!

Situationist friend and Tulsa law professor Tamara Piety’s new book, Brandishing the First Amendment: Commercial Expression in America, has just hit book stores!

It looks to be an engaging read for all of us interested in how commercial entities have shaped and wielded First Amendment jurisprudence to increase profits and secure power.  And it is hard to think of a more important topic as we continue into this election year.

Here is a description:

Over the past two decades, corporations and other commercial entities have used strategic litigation to win more expansive First Amendment protections for commercial speech—from the regulation of advertising to the role corporate interests play in the political process, most recently debated in the Supreme Court case of Citizens United v. Federal Election Commission. Tamara R. Piety, a nationally known critic of commercial and corporate speech, argues that such an expansion of First Amendment speech rights imperils public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment.

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Beginning with an evaluation of commonly evoked philosophical justifications for freedom of expression, Piety determines that, while these are appropriate for the protection of an individual’s rights, they should not be applied too literally to commercial expression because the corporate person is not the moral equivalent of the human person. She then gathers evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies to show how overly permissive extensions of First Amendment protections to commercial expression limit governmental power to address some of the major social, economic, and environmental challenges of our time.

To purchase a copy, click here.

Congrats, Tamara!

Related Situationist posts:

• Our Stake in Corporate Behavior
• Taking the Situation of Consumers Seriously
• Against Freedom of Commercial Expression – Abstract
• Tamara Piety on Market Manipulation
• Merchants of Discontent – Abstract
• The Changing Face of Marketing?
• Reclaiming Corporate Law in a New Gilded Age – Abstract
• Hey Dove! Talk to YOUR parent!
• The Changing Face of Marketing?
  
• The Illusion of Wall Street Reform
• Deep Capture – Part VI
  
• Deep Capture – Part VII