Unconstitutionally Vague.

Posted by truecreek on July 14, 2010 under More Dam News, Opinions. Everyone has them. | Be the First to Comment

Yesterday, a federal appeals court decided that the policy of fining broadcasters for ‘indecent language and the like’ was unconstitutionally vague. The policy caused a huge issue for broadcasters because they had no way of knowing what would pass muster with the FCC, and what wouldn’t.

I have to agree with the court entirely.   Here’s copy from the actual decision by the UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. Simple and too the point.

We now hold that the FCC’s policy violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here. Thus, we grant the petition for review and vacate the FCC’s order and the indecency policy underlying it.

Consumers Say: “In Tweets We Trust.”

Posted by truecreek on June 24, 2010 under More Dam News, Opinions. Everyone has them. | Comments are off for this article

Some fodder for those who are looking to justify moving dollars over to social marketing.  A very interesting set of statistics, without a doubt.  At the very least, every company should realize that social media can really support and communicate your message when you are in crisis mode.   Just make sure you get your facts straight first.

By Michele Gershberg

Brands that use microblogging sites like Twitter to provide real-time responses to the public are winning a higher degree of trust from consumers, according to a study by a leading public relations firm.

Some 75 percent of people surveyed said they view companies that microblog — sending short, frequent messages on sites like Twitter or status updates on social networks like Facebook — as more deserving of their trust than those that do not, according to a survey by Fleishman-Hillard, conducted with market research firm Harris Interactive.

The second annual Digital Influence Index study, released at the Reuters Consumer and Retail Summit in New York, researches the extent to which the Internet affects consumer behavior.

The findings on Twitter are particularly notable in a year where many leading corporations found themselves in crisis mode, from BP’s role in the Gulf oil disaster to recalls from Toyota Motor Corp and Johnson & Johnson and a viral campaign against new diapers from Procter & Gamble on Facebook.

“What really matters here I think is that the rules of crisis engagement that we’ve known for years and years still apply, but they still apply in a much more accelerated way,” Dave Senay, Chief Executive of Fleishman-Hillard, told Reuters in a telephone interview.

Part of the lesson is “not to overreact, but also to react with factual information, and don’t get beyond what you know,” Senay said. “And do so not in a 24-hour news cycle, but in minute-to-minute monitoring.

Companies also need to be well set up in the digital world well before any potential problem arises, building a relationship with their customers so that trust can help them manage a crisis, said Brian McRoberts, senior vice president of digital research at Fleishman-Hillard.

More about Consumers Say:  “In Tweets We Trust.” here.

Adults Text While Driving Too. A Pew Study.

Posted by truecreek on June 22, 2010 under Opinions. Everyone has them., research | Comments are off for this article

There is so much research on this topic already and more seems to come out every day. There needs to be a greater focus on advertising to combat this horrible trend.  It will have to be powerful stuff, like Marsteller’s “Crying Indian” that featured Native American actor, Iron Eyes Cody.  It was one of the most successful campaigns of its kind, with some suggesting it reduced litter by almost 90% in 300 communities.

Now that’s how you do it.


By Mary Madden and Lee Rainie.

Adults are just as likely as teens to have texted while driving and are substantially more likely to have talked on the phone while driving.

In addition, 49% of adults say they have been passengers in a car when the driver was sending or reading text messages on their cell phone. Overall, 44% of adults say they have been passengers of drivers who used the cell phone in a way that put themselves or others in danger.

Beyond driving, some cell-toting pedestrians get so distracted while talking or texting that they have physically bumped into another person or an object.

These are some of the key findings from a new survey by The Pew Research Center’s Internet & American Life Project:

  • Nearly half (47%) of all texting adults say they have sent or read a text message while driving.
  • Looking at the general population, this means that 27% of all American adults say they have sent or read text messages while driving. That compares with 26% of all American teens ages 16-17 who reported texting at the wheel in 2009.
  • Three in four (75%) cell-owning adults say they have talked on a cell phone while driving. Half (52%) of cell-owning teens ages 16-17 reported talking on a cell phone while driving in the 2009 survey.
  • Beyond driving, one in six (17%) cell-owning adults say they have physically bumped into another person or an object because they were distracted by talking or texting on their phone. That amounts to 14% of all American adults who have been so engrossed in talking, texting or otherwise using their cell phones that they bumped into something or someone.

More about Adults Text While Driving Too here.

When a Brand Screws Us All.

Posted by truecreek on May 20, 2010 under Opinions. Everyone has them. | 3 Comments to Read

By Joseph Young

They have been all over television over the past few years.  You’ve seen them before.  The beautifully art directed HD spots from BP. All those bright green and yellows flying around to that perfect music. It’s easy to find outstanding animated spots in just a few minutes on the web.  And from what I have heard within the business, there were some spots produced recently that were in the $3 million per range. All of that backed up by a substantial national media buy.

All concepted and produced with one thought in mind:  to position BP as a friendly, “we’re here with you” company that is working hard to make the world a much better place.

What a crock.

How long do you think it will be before the millions of dollars spent by BP to position themselves as the savior of our collective energy future just melts away?

When a brand screws us all like this, they become lepers. We cringe at the very thought of doing business with them. We now look at their brand as a ‘taker’, not a ‘giver.’  And in the case of BP, I suspect you will see a growing disdain for the company as the days wear on.

So I wonder when the first round of new TV spots will start up?  It must suck for the agency that is responsible for producing what comes next from the company.  If it were my shop, I would really have to do some soul searching before anyone spent another minute behind the lens on behalf of BP.