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Supreme Court of the United States
No. _________ ================================================================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- GEFT OUTDOOR, L.L.C., Petitioner, v. CITY OF WESTFIELD, HAMILTON COUNTY, INDIANA, Respondent. --------------------------------- --------------------------------- On Petition For Writ Of Certiorari To The Seventh Circuit Court Of Appeals --------------------------------- --------------------------------- PETITION FOR WRIT OF CERTIORARI --------------------------------- --------------------------------- A. RICHARD M. BLAIKLOCK JOSH S. TATUM LEWIS WAGNER, LLP Counsel of Record 501 Indiana Ave., Suite 200 PLEWS SHADLEY RACHER Indianapolis, IN 46202-6150 & BRAUN LLP Phone: 317-237-0500 1346 N. Delaware St. Email: rblaiklock@ Indianapolis, IN 46202-2415 lewiswagner.com Phone: 317-637-0700 Email: [email protected] Counsel for Petitioner ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED Petitioner, GEFT Outdoor, L.L.C., buys and leases land on which to construct, maintain, and operate signs and billboards to be used for the dissemination of both commercial and noncommercial speech. Believ- ing the City of Westfield’s regulations of signs to be un- constitutional, GEFT Outdoor, L.L.C. began erecting a digital billboard on land located within the City of Westfield without -
Autonomy and Republicanism: Immanuel Kant's Philosophy of Freedom Author(S): Heiner Bielefeldt Source: Political Theory, Vol
Autonomy and Republicanism: Immanuel Kant's Philosophy of Freedom Author(s): Heiner Bielefeldt Source: Political Theory, Vol. 25, No. 4 (Aug., 1997), pp. 524-558 Published by: Sage Publications, Inc. Stable URL: http://www.jstor.org/stable/191892 Accessed: 25-05-2018 14:18 UTC REFERENCES Linked references are available on JSTOR for this article: http://www.jstor.org/stable/191892?seq=1&cid=pdf-reference#references_tab_contents You may need to log in to JSTOR to access the linked references. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms Sage Publications, Inc. is collaborating with JSTOR to digitize, preserve and extend access to Political Theory This content downloaded from 81.157.207.121 on Fri, 25 May 2018 14:18:33 UTC All use subject to http://about.jstor.org/terms AUTONOMY AND REPUBLICANISM Immanuel Kant's Philosophy of Freedom HEINER BIELEFELDT University of Bielefeld INTRODUCTION: THE PARADOX OF LIBERALISM Since its origins in early modernity, liberalism has always been a hotly debated issue. A charge frequently brought forward is that liberalism mirrors a lack of ethical substance in modern society, a society which seemingly loses its inner normative cohesiveness and hence can be held together only by a set of abstract procedural rules. -
ADVERTISING How to Contact Us
ADVERTISING How to Contact Us David George Chief Investigator – Motor Vehicles (512) 465-4147 [email protected] Sharon Ruszczyk Advertising Investigator (512) 465-4260 [email protected] 2 Outline ▪ WHAT IS ADVERTISING? ▪ WHAT LAWS APPLY? ▪ FALSE & MISLEADING, AVAILABILITY, ACCURACY, UNTRUE CLAIMS ▪ SAVINGS CLAIMS/DISCOUNTS & DEALER PRICE ADVERTISING ▪ IDENTIFICATION OF VEHICLE, TRADE-IN ALLOWANCE, FREE OFFERS ▪ FINANCING DISCLOSURES ▪ BAIT ADVERTISEMENTS, LOWEST PRICE CLAIMS ▪ LEASE ADVERTISING GUIDE, BROKERING ▪ ENFORCEMENT ACTION ON COMPLAINTS ▪ FREQUENTLY ASKED QUESTIONS 3 What Is An Advertisement? 43 TEX. ADMIN CODE § 215.244 Advertisement An oral, written, graphic, or pictorial statement or representation made in the course of soliciting business, including, without limitation, a statement or representation made in a newspaper, magazine, or other publication, or contained in a notice, sign, poster, display, circular, pamphlet, or letter, or on radio, the Internet, or via an on-line computer service, or on television. Does not include direct communication between a dealer or dealer’s representative and a prospective purchaser. 5 State Statutes TEXAS OCCUPATIONS CODE § 2301.351 A Dealer May Not: ▪ Violate a board rule. ▪ Aid or abet a person who violates this chapter… or a rule adopted under this chapter. ▪ Use FALSE, DECEPTIVE, UNFAIR OR MISLEADING advertising relating to the sale or lease of motor vehicles. 6 Board Rules 43 TEX. ADMIN. CODE § 215.241 Objective: Regulate advertising by requiring truthful and accurate advertising practices for the benefit of the citizens of this State. 43 TEX. ADMIN. CODE § 215.242 General Prohibition - A person advertising motor vehicles shall not use FALSE, DECEPTIVE, UNFAIR, OR MISLEADING advertising. In addition to a violation of a specific advertising rule, any other advertising or advertising practices found by the Board to be false, deceptive, or misleading, whether or not enumerated herein, shall be deemed violations of the Code, and shall also be considered violations of the general prohibition. -
The News Media Industry Defined
Spring 2006 Industry Study Final Report News Media Industry The Industrial College of the Armed Forces National Defense University Fort McNair, Washington, D.C. 20319-5062 i NEWS MEDIA 2006 ABSTRACT: The American news media industry is characterized by two competing dynamics – traditional journalistic values and market demands for profit. Most within the industry consider themselves to be journalists first. In that capacity, they fulfill two key roles: providing information that helps the public act as informed citizens, and serving as a watchdog that provides an important check on the power of the American government. At the same time, the news media is an extremely costly, market-driven, and profit-oriented industry. These sometimes conflicting interests compel the industry to weigh the public interest against what will sell. Moreover, several fast-paced trends have emerged within the industry in recent years, driven largely by changes in technology, demographics, and industry economics. They include: consolidation of news organizations, government deregulation, the emergence of new types of media, blurring of the distinction between news and entertainment, decline in international coverage, declining circulation and viewership for some of the oldest media institutions, and increased skepticism of the credibility of “mainstream media.” Looking ahead, technology will enable consumers to tailor their news and access it at their convenience – perhaps at the cost of reading the dull but important stories that make an informed citizenry. Changes in viewer preferences – combined with financial pressures and fast paced technological changes– are forcing the mainstream media to re-look their long-held business strategies. These changes will continue to impact the media’s approach to the news and the profitability of the news industry. -
Mindsets and Human Nature: Promoting Change in the Middle
2011 Award for Distinguished Scientific something is about to be taught. The cue could be a subtle Contributions look or tone of voice, but the infant immediately orients to learn. Moreover, learning can alter some of people’s most Mindsets and Human Nature: Promoting basic qualities, even in adulthood. Intriguing preliminary Change in the Middle East, the Schoolyard, evidence hints that training working memory may raise the Racial Divide, and Willpower performance on tests of fluid intelligence, the kind of in- telligence that allows people to use knowledge and skills to Carol S. Dweck solve new problems (Jaeggi, Buschkuehl, Jonides, & Per- Stanford University rig, 2008; see also Jaeggi, Buschkuehl, Jonides, & Shah, 2011). Personality traits that are often assumed to be stable tend to show clear, lasting, and mostly positive changes in DOI: 10.1037/a0029783 adulthood as people assume new social roles; individuals can also show marked change in these trait as a function of Debates about human nature often revolve around what is their personal life experiences (Roberts & Mroczek, 2008). built in. However, the hallmark of human nature is how And work in neuroscience increasingly attests to the re- much of a person’s identity is not built in; rather, it is markable plasticity of the brain well into adulthood (for an humans’ great capacity to adapt, change, and grow. This overview, see Doidge, 2007). nature versus nurture debate matters—not only to students This nature versus nurture debate matters, not only to of human nature—but to everyone. It matters whether peo- scientists or students of human nature but to everyone. -
Social Norms and Social Influence Mcdonald and Crandall 149
Available online at www.sciencedirect.com ScienceDirect Social norms and social influence Rachel I McDonald and Christian S Crandall Psychology has a long history of demonstrating the power and and their imitation is not enough to implicate social reach of social norms; they can hardly be overestimated. To norms. Imitation is common enough in many forms of demonstrate their enduring influence on a broad range of social life — what creates the foundation for culture and society phenomena, we describe two fields where research continues is not the imitation, but the expectation of others for when to highlight the power of social norms: prejudice and energy imitation is appropriate, and when it is not. use. The prejudices that people report map almost perfectly onto what is socially appropriate, likewise, people adjust their A social norm is an expectation about appropriate behav- energy use to be more in line with their neighbors. We review ior that occurs in a group context. Sherif and Sherif [8] say new approaches examining the effects of norms stemming that social norms are ‘formed in group situations and from multiple groups, and utilizing normative referents to shift subsequently serve as standards for the individual’s per- behaviors in social networks. Though the focus of less research ception and judgment when he [sic] is not in the group in recent years, our review highlights the fundamental influence situation. The individual’s major social attitudes are of social norms on social behavior. formed in relation to group norms (pp. 202–203).’ Social norms, or group norms, are ‘regularities in attitudes and Address behavior that characterize a social group and differentiate Department of Psychology, University of Kansas, Lawrence, KS 66045, it from other social groups’ [9 ] (p. -
Fake News and Propaganda: a Critical Discourse Research Perspective
Open Information Science 2019; 3: 197–208 Research article Iulian Vamanu* Fake News and Propaganda: A Critical Discourse Research Perspective https://doi.org/10.1515/opis-2019-0014 Received September 25, 2018; accepted May 9, 2019 Abstract: Having been invoked as a disturbing factor in recent elections across the globe, fake news has become a frequent object of inquiry for scholars and practitioners in various fields of study and practice. My article draws intellectual resources from Library and Information Science, Communication Studies, Argumentation Theory, and Discourse Research to examine propagandistic dimensions of fake news and to suggest possible ways in which scientific research can inform practices of epistemic self-defense. Specifically, the article focuses on a cluster of fake news of potentially propagandistic import, employs a framework developed within Argumentation Theory to explore ten ways in which fake news may be used as propaganda, and suggests how Critical Discourse Research, an emerging cluster of theoretical and methodological approaches to discourses, may provide people with useful tools for identifying and debunking fake news stories. My study has potential implications for further research and for literacy practices. In particular, it encourages empirical studies of its guiding premise that people who became familiar with certain research methods are less susceptible to fake news. It also contributes to the design of effective research literacy practices. Keywords: post-truth, literacy, scientific research, discourse studies, persuasion “Don’t be so overly dramatic about it, Chuck. You’re saying it’s a falsehood [...] Sean Spicer, our press secretary, gave alternative facts to that.” (Kellyanne Conway, Counselor to the U.S. -
User-Generated Content for Marketing and Advertising
USER-GENERATED CONTENT FOR MARKETING AND ADVERTISING An IAB Buyer's Guide Use of User-Generated Content (UGC) for marketing and advertising purposes has grown significantly in recent years largely due to the rise of social and messaging platforms where "ordinary people" have become avid and voluntary content creators, notably on their mobile devices. Publishers, marketers, and agencies are increasingly taking notice and capitalizing on this trend in new and exciting ways. UGC as a marketing and advertising tactic has developed into a distinctly different discipline than Influencer Marketing and, thus, warrants its own exploratory. This is an important shift in thinking by IAB from prior guidance on UGC that previously included top down influencers as part of the definition of UGC. This Guide includes a Definition, Key Benefits, Sources and Types of UGC, Use Cases, and Legal considerations. The goal of the Guide is to help brands and their agencies understand how UGC can help meet their marketing and advertising objectives. May 2019 TABLE OF CONTENTS Mission and Contributors . 3 What is UGC? . 4 • Definition . 4 • The Difference between UGC and Influencer Marketing Content........................4 The Main Types of UGC . 5 What's Driving Growth of UGC for Marketing and Advertising? . 6 Key Benefits of UGC for Use in Marketing and Advertising . 7 The Proven Effectiveness of UGC . 8 • Why Do People Share? ........................................................8 • Why Do People Share Content About Brands?......................................8 • What Makes UGC Effective? . 8 • How Effective is UGC When Used in/as Advertisements? . 11 How UGC is Being Used in Advertising and Marketing Today . 12 • UGC for Advertising Examples . -
Regulating “Fake News” and Other Online Advertising
FOOL ME ONCE: REGULATING “FAKE NEWS” AND OTHER ONLINE ADVERTISING ABBY K. WOOD* AND ANN M. RAVEL† A lack of transparency for online political advertising has long been a problem in American political campaigns. Disinformation attacks that American voters have experienced since the 2016 campaign have made the need for regulatory action more pressing. Internet platforms prefer self-regulation and have only recently come around to supporting proposed transparency legislation. While government must not regulate the content of political speech, it can, and should, force transparency into the process. We propose several interventions aimed at transparency. First, and most importantly, campaign finance regulators should require platforms to store and make available (1) ads run on their platforms, and (2) the audience at whom the ad was targeted. Audience availability can be structured to avoid privacy concerns, and it meets an important speech value in the “marketplace of ideas” theory of the First Amendment—that of enabling counter speech. Our proposed regulations would capture any political advertising, including disinformation, that is promoted via paid distribution on social media, as well as all other online political advertising. Second, existing loopholes in transparency regulations *. Associate Professor of Law, Political Science, and Public Policy at University of Southern California ([email protected]). †. Senior Fellow, Maplight Digital Deception Project and former Chair of the Federal Election Commission and California Fair Political Practices Commission. This article has benefited from insights from Rebecca Brown, Chris Elmendorf, and Rick Hasen. Daniel Brovman, Samantha Hay, Justin Mello, Brandon Thompson, and Caroline Yoon provided fantastic research assistance. Teresa Delgado and Alex Manzanares joyfully created the time and space required to focus on the project. -
The Meme Economy: How Internet Memes Impact Consumption Nicole Kim, University of Maryland, USA Jared Joseph Watson, New York University, USA
ASSOCIATION FOR CONSUMER RESEARCH Labovitz School of Business & Economics, University of Minnesota Duluth, 11 E. Superior Street, Suite 210, Duluth, MN 55802 The Meme Economy: How Internet Memes Impact Consumption Nicole Kim, University of Maryland, USA Jared Joseph Watson, New York University, USA Viewing and sharing internet ‘memes’ is a new way in which consumers interact with each other online. This research demonstrates that internet memes (vs. non-memes) can serve to increase consumption attitudes toward a target content employed in the meme. Four studies show that when consumers encounter memes, they infer that the target content in the meme has become viral, which further invokes FOMO (i.e., fear of missing out), increasing their consumption intentions. [to cite]: Nicole Kim and Jared Joseph Watson (2020) ,"The Meme Economy: How Internet Memes Impact Consumption", in NA - Advances in Consumer Research Volume 48, eds. Jennifer Argo, Tina M. Lowrey, and Hope Jensen Schau, Duluth, MN : Association for Consumer Research, Pages: 896-901. [url]: http://www.acrwebsite.org/volumes/2661380/volumes/v48/NA-48 [copyright notice]: This work is copyrighted by The Association for Consumer Research. For permission to copy or use this work in whole or in part, please contact the Copyright Clearance Center at http://www.copyright.com/. Sharing and Consumer Experience: How Does Different Forms of Sharing Affect Consumer Evaluations of Experience Chairs: Der-Wei Huang, Indiana University, USA Shanker Krishnan, Indiana University, USA Paper #1: The Paradox of Social Interaction in the Sharing on social media. The authors’ findings show that when consumers see Economy photos taken from the actor’s perspective (vs. -
Librarianship and the Philosophy of Information
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Library Philosophy and Practice (e-journal) Libraries at University of Nebraska-Lincoln July 2005 Librarianship and the Philosophy of Information Ken R. Herold Hamilton College Follow this and additional works at: https://digitalcommons.unl.edu/libphilprac Part of the Library and Information Science Commons Herold, Ken R., "Librarianship and the Philosophy of Information" (2005). Library Philosophy and Practice (e-journal). 27. https://digitalcommons.unl.edu/libphilprac/27 Library Philosophy and Practice Vol. 3, No. 2 (Spring 2001) (www.uidaho.edu/~mbolin/lppv3n2.htm) ISSN 1522-0222 Librarianship and the Philosophy of Information Ken R. Herold Systems Manager Burke Library Hamilton College Clinton, NY 13323 “My purpose is to tell of bodies which have been transformed into shapes of a different kind.” Ovid, Metamorphoses Part I. Library Philosophy Provocation Information seems to be ubiquitous, diaphanous, a-categorical, discrete, a- dimensional, and knowing. · Ubiquitous. Information is ever-present and pervasive in our technology and beyond in our thinking about the world, appearing to be a generic ‘thing’ arising from all of our contacts with each other and our environment, whether thought of in terms of communication or cognition. For librarians information is a universal concept, at its greatest extent total in content and comprehensive in scope, even though we may not agree that all information is library information. · Diaphanous. Due to its virtuality, the manner in which information has the capacity to make an effect, information is freedom. In many aspects it exhibits a transparent quality, a window-like clarity as between source and patron in an ideal interface or a perfect exchange without bias. -
Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference by Fletcher Schoen and Christopher J
STRATEGIC PERSPECTIVES 11 Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference by Fletcher Schoen and Christopher J. Lamb Center for Strategic Research Institute for National Strategic Studies National Defense University Institute for National Strategic Studies National Defense University The Institute for National Strategic Studies (INSS) is National Defense University’s (NDU’s) dedicated research arm. INSS includes the Center for Strategic Research, Center for Complex Operations, Center for the Study of Chinese Military Affairs, Center for Technology and National Security Policy, Center for Transatlantic Security Studies, and Conflict Records Research Center. The military and civilian analysts and staff who comprise INSS and its subcomponents execute their mission by conducting research and analysis, publishing, and participating in conferences, policy support, and outreach. The mission of INSS is to conduct strategic studies for the Secretary of Defense, Chairman of the Joint Chiefs of Staff, and the Unified Combatant Commands in support of the academic programs at NDU and to perform outreach to other U.S. Government agencies and the broader national security community. Cover: Kathleen Bailey presents evidence of forgeries to the press corps. Credit: The Washington Times Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference Deception, Disinformation, and Strategic Communications: How One Interagency Group Made a Major Difference By Fletcher Schoen and Christopher J. Lamb Institute for National Strategic Studies Strategic Perspectives, No. 11 Series Editor: Nicholas Rostow National Defense University Press Washington, D.C. June 2012 Opinions, conclusions, and recommendations expressed or implied within are solely those of the contributors and do not necessarily represent the views of the Defense Department or any other agency of the Federal Government.