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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 -
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. -
A Brief Primer on the Economics of Targeted Advertising
ECONOMIC ISSUES A Brief Primer on the Economics of Targeted Advertising by Yan Lau Bureau of Economics Federal Trade Commission January 2020 Federal Trade Commission Joseph J. Simons Chairman Noah Joshua Phillips Commissioner Rohit Chopra Commissioner Rebecca Kelly Slaughter Commissioner Christine S. Wilson Commissioner Bureau of Economics Andrew Sweeting Director Andrew E. Stivers Deputy Director for Consumer Protection Alison Oldale Deputy Director for Antitrust Michael G. Vita Deputy Director for Research and Management Janis K. Pappalardo Assistant Director for Consumer Protection David R. Schmidt Assistant Director, Oÿce of Applied Research and Outreach Louis Silva, Jr. Assistant Director for Antitrust Aileen J. Thompson Assistant Director for Antitrust Yan Lau is an economist in the Division of Consumer Protection of the Bureau of Economics at the Federal Trade Commission. The views expressed are those of the author and do not necessarily refect those of the Federal Trade Commission or any individual Commissioner. ii Acknowledgments I would like to thank AndrewStivers and Jan Pappalardo for invaluable feedback on numerous revisions of the text, and the BE economists who contributed their thoughts and citations to this paper. iii Table of Contents 1 Introduction 1 2 Search Costs and Match Quality 5 3 Marketing Costs and Ad Volume 6 4 Price Discrimination in Uncompetitive Settings 7 5 Market Segmentation in Competitive Setting 9 6 Consumer Concerns about Data Use 9 7 Conclusion 11 References 13 Appendix 16 iv 1 Introduction The internet has grown to touch a large part of our economic and social lives. This growth has transformed it into an important medium for marketers to serve advertising. -
Extra-Governmental Censorship in the Advertising Age
Loyola of Los Angeles Entertainment Law Review Volume 12 Number 2 Article 5 3-1-1992 Extra-Governmental Censorship in the Advertising Age Steven C. Schechter Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation Steven C. Schechter, Extra-Governmental Censorship in the Advertising Age, 12 Loy. L.A. Ent. L. Rev. 367 (1992). Available at: https://digitalcommons.lmu.edu/elr/vol12/iss2/5 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. EXTRA-GOVERNMENTAL CENSORSHIP IN THE ADVERTISING AGE Steven C. Schechter* I. INTRODUCTION "Throughout history, families and religious groups have recognized their influence over the lives of their members and have used this influ- ence to maintain unity and adherence to a given set of values."' Vocal activists have for generations waged wars against works of literature and 2 art that they have found offensive to their religious or moral beliefs. They have attempted to exert their influence over society as a whole and to impose their values over all others. These activists believed that they were providing an invaluable service to society. From the time of the colonization of the United States through the 1950's, moral activists had the weapon of choice on their side: the strong-arm censorship powers of the law and the courts. -
Taking Down Trumpism from Africa: Delegitimation, Not Collaboration, Please Patrick Bond 9 Feb 2017
Taking down Trumpism from Africa: Delegitimation, not collaboration, please Patrick Bond 9 Feb 2017 In the US there are already effective Trump boycotts seeking to delegitimise his political agenda. Internationally, protesters will be out wherever he goes. And from Africa, there are sound arguments to play a catalytic role, mainly because the most serious threat to humanity and environment is Trump’s climate change denialism. Consider two contrasting strategies to deal with the latest mutation of US imperialism: we should protest Donald Trump and Trumpism at every opportunity as a way to contribute to the unity of the world’s oppressed people, and now more urgently link our intersectional struggles; or we should somehow take advantage of his presidency to promote the interests of the ‘left’ or the ‘Global South’ where there is overlap in weakening Washington’s grip (such as in questioning exploitative world trading regimes). The latter position is now rare indeed, although before the election Hillary Clinton’s commitment to militaristic neoliberalism generated so much opposition that to some, the anticipated ‘paleo-conservatism’ of an isolationist-minded Trump appeared attractive. One international analyst of great reknown, Boris Kagarlitsky, makes this same argument this week largely because Trump is questioning pro-corporate ‘free trade’ deals. But the argument for selective cooperation with Trump was best articulated in Pambazuka as part of a series of otherwise compelling reflections by the Ugandan writer and former South Centre director Yash Tandon. Tandon might re-examine the ‘space’ he can ‘seize’ with Trump, the ‘fraud’ Since more than any other individual Tandon helped make the 1999 Seattle and Cancun World Trade Organisation summits a profound disaster for world elites, I take him very seriously. -
Attention Capture and Transfer in Advertising
Rik Pieters & Michel Wedel Attention Capture and Transfer in Advertising : Brand, Pictorial, and Text-Size Effects The threé key ad elements (brand, pictorial, and text) each have unique superiority effects on attention to adver- tisements', which are on par with many commonly held ideas in marketing practice . This is the main conclusion of an analy is of 1363 print advertisements tested with infrared eye-tracking methodology on more than 3600 con- sumers. he pictorial is superior in capturing attention, independent of its size . The teat element best captures attention n direct proportion to lts surface size . The brand element most effectively transfers attention to the other elements ., Only increments in the text element's surface size produce a net gain in attention to the advertisement as a wholle. The authors discuss how their findings can be used to render more effective decisions in advertising . a~azines are an important advertising medium, as sumers' memory (Diamond 1968 ; Finn 1988 ; Hanssens and ililustrated by their projected 13% share of ad Weitz 1980; Twedt 1952), but attention to advertisements spending in 2003 in the United States and the even cannot be directly inferred from consumers' memory for greaterM shares in countries such as France (32%), Germany them, because different psychological processes are (24%), Italy (15%), the Netherlands (27%), and the United involved with distinct antecedents . There is no research on Kingdom 16%) (International Federation of the Periodical the simultaneous effects of the size of the brand, pictorial, Press 200': ). To reach consumers effectively and to commu- and text elements on consumers' attention patterns . -
The Evolution of Advertising Market Where Is Advertising Now, and Where Is It Going?
CORE Metadata, citation and similar papers at core.ac.uk Provided by Research Papers in Economics Studies in Business and Economics THE EVOLUTION OF ADVERTISING MARKET WHERE IS ADVERTISING NOW, AND WHERE IS IT GOING? TERCHIL Ă Sorin Lucian Blaga University of Sibiu, Romania Abstract: Advertising is more complicated than it used to be. In the innocent days of the 70’s and 80’s you could easily reach large audiences, both locally and nationally, through traditional advertising. Those days are long gone and an examination of the advertising playing field looks like a big pile of incomprehensible choice. In Romania, advertising has mushroomed over the past 10 years. with the emergence of large international companies and the budgets allocated to them in advertising, advertisers have appeared, only present in major cities of Romania. After 2000, there were several media institutions with very large budget and big plans for the advertising market in Romania. Are some media groups and advertising agencies in Germany, France and the U.S. have invested in Romania, managing big budgets and companies are promoting. Advertising market had grown very large, especially in the period 2004-2008, when all the big companies big budget on advertising. After 2008, the advertising market was heavily affected by global financial crisis, and this has led companies to invest almost half of the regular budget for advertising. I will present the current situation on the advertising market and some estimates for the next period, from media groups and individuals specializing in the field. Keywords: advertising market, strategy, budgets, forecasts 2007 2009 - 294 - Studies in Business and Economics Studies in Business and Economics 1. -
AFP V. Becerra
Nos. 19-251 & 19-255 IN THE Supreme Court of the United States ________________ AMERICANS FOR PROSPERITY FOUNDATION, Petitioner, v. XAVIER BECERRA, IN HIS OFFICIAL CAPACITY AS THE ATTORNEY GENERAL OF CALIFORNIA, Respondent. ________________ THOMAS MORE LAW CENTER, Petitioner, v. XAVIER BECERRA, IN HIS OFFICIAL CAPACITY AS THE ATTORNEY GENERAL OF CALIFORNIA, Respondent. ________________ On Writs of Certiorari to the United States Court of Appeals for the Ninth Circuit ________________ AMICI CURIAE BRIEF OF THE CATO INSTITUTE, FIREARMS POLICY COALITION, HAMILTON LINCOLN LAW INSTITUTE, REASON FOUNDATION, INDIVIDUAL RIGHTS FOUNDATION, MOUNTAIN STATES LEGAL FOUNDATION, FOUNDATION FOR INDIVIDUAL RIGHTS IN EDUCATION, FIRST AMENDMENT LAWYERS ASSOCIATION, AND DKT LIBERTY PROJECT IN SUPPORT OF PETITIONERS _________________________________________________ Joseph G.S. Greenlee Ilya Shapiro FIREARMS POLICY Counsel of Record COALITION Trevor Burrus 1215 K St., 17th Floor Mallory Reader Sacramento, CA 95814 CATO INSTITUTE (916) 378-5785 1000 Mass. Ave., NW [email protected] Washington, DC 20001 (202) 842-0200 March 1, 2021 [email protected] Additional Counsel Listed on Signature Page i QUESTION PRESENTED NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958), and its progeny held that courts should apply narrow tailoring to violations of the freedom of association. Has that requirement been overruled such that the right to associate privately does not enjoy the strong protective standard that applies to other First Amendment rights, which this Court has held requires narrow tailoring regardless of the level of scrutiny? ii TABLE OF CONTENTS Page QUESTION PRESENTED ........................................ i TABLE OF AUTHORITIES .................................... iv INTEREST OF AMICI CURIAE .............................. 1 INTRODUCTION AND SUMMARY OF ARGUMENT ....................................................... 4 ARGUMENT ............................................................ -
Why Certified Angus Beef Values User Experience Over Numbers on Instagram
February 20, 2017 Issue 7 prnewsonline.com CONTENTS EDITOR’S NOTE: Social Media ................1,2,3 Please join PR News in beautiful Huntington Beach, CA, Feb. 23- CSR ...............................1,4 24 for our Digital Summit and Crisis Management Boot Camp. What’s Trending in PR .........2 You’ll get a chance to learn from top communicators at TOMS, Events Calendar .................2 Yelp, Northrop Grumman, Certified Angus Beef, eHarmony, The Crisis Management .........5,6 Bill & Melinda Gates Foundation, UC Berkeley, Boingo Wireless, DocuSign and Monterey Bay Aquarium. For more information Data Dive ..........................7 visit: prnewsonline.com The Week in PR ..................8 2 SOCIAL MEDIA Meaty Advice: Why Certified Angus Beef Values User Experience Over Numbers on Instagram To look at the news about Instagram last week you’d be for- ally sees. The photo’s lighting is spotty, Minaj isn’t centered given if you didn’t think it also is a tool for business, particu- and the bed is disheveled. Still, it’s a very effective photo. larly suited to small communications shops. The rapper Nicki Clad in six-inch heels with tassels, wraparound shades, bikini Minaj, who hinted all week she was about to do something bottom and nothing else, Minaj makes an arresting subject. big, posted a photo of her sitting on a small bed in what Quickly the post had in excess of 10,000 comments and appears to be a tiny bedroom. True to Instagram’s accep- thousands of likes. tance of informality, the photo seems far from the highly styl- Actually there’s a link between the Minaj photo and how ized, professional picture of a celebrity that the public usu- communicators can use Instagram to humanize brands. -
The Frame of Social Media in Academic and Industry
East Tennessee State University Digital Commons @ East Tennessee State University Electronic Theses and Dissertations Student Works 12-2012 The rF ame of Social Media in Academic and Industry Weiwen Zhou East Tennessee State University Follow this and additional works at: https://dc.etsu.edu/etd Part of the Communication Technology and New Media Commons Recommended Citation Zhou, Weiwen, "The rF ame of Social Media in Academic and Industry" (2012). Electronic Theses and Dissertations. Paper 1498. https://dc.etsu.edu/etd/1498 This Thesis - Open Access is brought to you for free and open access by the Student Works at Digital Commons @ East Tennessee State University. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ East Tennessee State University. For more information, please contact [email protected]. The Frame of Social Media in Academic and Industry A thesis presented to the Faculty of the Department of Communication East Tennessee State University In partial fulfillment of the requirements for the degree Master of Arts in Professional Communication by Weiwen Zhou December 2012 Stephen W. Marshall, Ph.D., Chair John M. King, Ph.D. Beichen Liang, Ph.D. Keywords: Social Media, Leximancer, Content Analysis, Framing Theory ABSTRACT The Frame of Social Media in Academic and Industry by Weiwen Zhou With the development of technology, the communication between people has changed rapidly. Social media is a type of digital network designed to share content with other internet users based on their preferences and associations. The purpose of this research was to understand how industry press and the professional market place frame social media today. -
Advertising/Marketing Code and Buying Guidelines
Advertising/Marketing Code and Buying Guidelines Introduction Beer is a legal beverage meant to be consumed responsibly by adults of legal drinking age. Its origins are ancient, and it has held a respected position in nearly every culture and society since the dawn of recorded history. In the United States, beer is a mature product category with broad cultural acceptance and a history of memorable and distinctive advertising that, because of its humor and creativity, has long been a favorite among American adult consumers. Advertising and marketing materials are legitimate efforts by Brewers to inform consumers of the particular styles and attributes of numerous beers and other malt beverages that are available. Brewer advertising and marketing materials also foster competition, persuade adult consumers of beer to try particular brands, and maintain customer loyalty. Brewers should employ the perspective of the reasonable adult consumer of legal drinking age in advertising and marketing their products, and should be guided by the following basic principles, which have long been reflected in the policies of the brewing industry and continue to underlie this Code: • Beer advertising should not suggest directly or indirectly that any of the laws applicable to the sale and consumption of beer should not be complied with. • Brewers should adhere to contemporary standards of good taste applicable to all commercial advertising and consistent with the medium or context in which the advertising appears. • Advertising themes, creative aspects, and placements should reflect the fact that Brewers are responsible corporate citizens. • Brewers strongly oppose abuse or inappropriate consumption of their products. The term “beer” as used in this Code covers all types of malt beverages, including but not limited to, beers and flavored malt beverages, as well as various specialty products containing alcohol such as hard cider. -
Marketing & Advertising Career Pathway
Career Exploration Guide Marketing & Advertising Career Pathway Marketing & Advertising Career Cluster Fall 2018 Getting Started What is Marketing and Advertising? We experience marketing and advertising every day. Marketing tries to increase awareness of and desire We may be riding the subway, using an app on a for a brand. It tries to get people to choose one mobile phone, watching TV, or listening to a podcast. product or service over the competition. We take in information through multiple media. Advertising is one out of many marketing methods. Marketing activities are designed to spread the word Others are public relations (PR), market research, about a product or service. There are many audiences, social media, and customer service. including consumers and other businesses. Where do they work? Most employees in the ad world work in advertising Other people in marketing and advertising jobs work agencies. They have clients in different industries. directly (or “in-house”), especially for large companies, The product they’re trying to sell may be a car, a to promote the company’s products or services. Some prescription medicine, or a vacation. A traditional large companies have many brands, so employees advertising agency has jobs in creative, media/ may move between different projects. Sometimes search, and accounts. large companies promote all of their brands under one umbrella. In-house teams often recruit people who Traditional advertising agencies use all types of already have ad agency experience. media. This includes traditional media such as TV, billboards, newspapers, magazines, radio, and Some advertising sales agents work for newspapers, direct mail. They also use new media, which magazines, Internet publishers, and radio and TV includes the Internet, mobile phones, blogs, and stations.