2. * I. Introduction
II. Free Market Discourse and the
Environment
III. Corporate Green Marketing
IV. Corporate Advocacy: Three Bits
of the Apple
V. SLAPP Lawsuits: Strategic
Litigation Against Public
Participation
VI. Summary
14. *
*Corporations have goals to set their image
outlook on consumers
1. Use public relations and marketing to create a
“green” image with the corporation
*Use of Green marketing
* Sales
* Image enhancement
* Image repair
*Corporations only appear to be green (in most
cases) in order to gain more profit
20. *
Green
1) The hidden trade-off: suggesting a product is “green” based upon
a single environmental attribute
2) No proof: Any environmental claim that cannot be substantiated
by easily accessible supporting information or by reliable third-
party certification
3) Vagueness: A claim that is so poorly defined that its real meaning
is likely to be misunderstood by the intended consumer
4) Irrelevance: making a statement that may be truthful but is
unimportant and unhelpful for consumers seeking environmentally
preferable products
5) lesser of two evils: “green” claims that may be truth within the
product category, but that risk distracting the consumer from the
greater impacts of the category as a whole. (Ex: organic
cigarettes)
6) Fibbing: Making environmental claims that are simply false.
21. *
*Green marketing: refers to a corporation’s
attempt to associate its products, services, or
identity with environmental values and images.
*Green product advertising: the attempt to
market products such as having a minimal
impact on the environment.
22. *
*Environmental image enhancement: the use
of advertising to improve the image or identity
of a corporation itself, reflecting its
environmental concerns and performance.
*Image repair: the use of public relations to
restore a company’s credibility after an
environmental harm or accident.
23. *
*Greenwashing: disinformation disseminated by
an organization so as to present an
environmentally responsible public image.
*Green consumerism: belief that , by buying
allegedly environmentally friendly products,
consumers can do their part to protect the
planet.
25. *
*Because environmental agencies have put
regulations on corporations they have in turn
developed advocacy campaigns and tried to
discredit the science of these agencies.
*The two most common forms of corporate
advocacy are legislative, agency lobbying and
the use of agency ads to frame the terms of
public debate.
26. *
*Corporations and organizations
have influence over policy
making by way of lobbyist
campaign contributions, public
relation groups, etc.
*Business Roundtable
27. * 1. Lobby against any
legislation that restricts
production
2. Weaken any legislation
that cannot be defeated
3. End run or subvert the
implementation of
environmental regulation.
*Examples of 3 bites:
*Global Climate Coalition and
Weakening Mountaintop Coal
Mining Regulations
28. *
Businesses and Corporations included: US Chamber of
Commerce, Texaco, Shell Oil, General Motors, and the
American Forest and Paper Association
* goal is to coordinate business participation in public debates
* tried to dispute science in global warming and alter/change
treaty of Kyoto Protocol
* GCC advocacy campaign included publication of reports that
suggested uncertainty of science of global warming, the
hostile lobbying, and raised concern about unemployment as
a result of new policies.
* GCC continued objections by advertising campaign.
* Senate ended up voting against treaty.
29. *
*Corporation’s weakened regulations
about mountaintop coal mining
regulations and dumping of debris in
local streams and rivers by rewording
legislation that allowed them to
continue their environmentally
harmful practices.
30. *
Often corporate campaigns will fight environmental laws by trying to
influence the public and key opinion leaders. A lot of times the battle be
fought against the law will be through the media or the court of public
opinion
* Issue ads are purchased advertisements in print, visual, or other media
that carry a message opposing or supporting particular legislation or other
issues affecting a company or industries interests.
* What distinguishes issue ads from campaign ads are that issue ads typically
address an issue, for example economic growth. Campaign ads on the
other hand are merely to support a candidate
* The reason for putting out issue ads is to activate constituents, policy
makers or regulator in support of or in opposition to legislation.
* Examples of issue ads: GCC used issue ads to get rid of the Kyoto Protocal
and American Coalition for Clean Coal Energy ran a series of clean coal
ads during to 2008 election campaigns
* Clean coal ad example:
* http://www.youtube.com/watch?v=ZmVDu_gIpc4
31. *
* Framing of issues in cooperate advocacy involve how
environmental policies affect jobs.
* Environmental advocates coined the term sustainable
development in the 80’s at a UN conference. The term initially
meant “development that meets the needs of the present
without compromising the ability of future generations to meet
their own needs”. This term since then having been
reinterpreted by business group due to their framing.
* The economic growth frame is a typically popular one because it
is drama-oriented. Issue ads in the nineties opposing the
preservation of the pacific northwest forests lead to many
Americans endorsing these types of ads in fears that they would
lose jobs.
33. What is SLAPP?
*S= Strategic
*L= Litigation
*A= Against
*P= Public
*P= Participation
34. SLAPP is a strategy used by businesses to
silence, discourage, and sometimes
intimidate by lawsuit or threat of lawsuit
against group[s] or person[s] speaking out
against corporations and industry trade
groups.
35. Example of SLAPP
Lawsuit
* In 2008, Colleen Enk was forced to pay several thousand dollars
in attorney fees and court costs after a SLAPP lawsuit was filed
against her to “shut Colleen up” because she took a stand and
voiced her opinion about sand mining at a San Luis Obispo
County Planning Commission meeting. Basically, Colleen Enk
was sued for exercising the right of free speech in America….(as
stated by her attorney, Roy Ogden).
* SLAPP Lawsuits are common in the United States, with the
Environment being the top of the list of reasons why SLAPP
Lawsuits are set forth in the first place. The California State
Environmental Resource Center reported that every year
thousands of people are hit with SLAPP suits.
36. *University of Denver’s Political litigation Project
conducted the study.
*An effort to document cases similar to Colleen Enk’s.
*Study shows that lawsuits are brought against citizens and
environmental groups for writing letters, speaking out at
public hearings, protesting, filing complaints, and even
circulating petitions to the Government.
37. First Amendment Issue
*SLAPP Lawsuits are often “dismissed”
because of the First Amendment
Protections of all U.S. citizens – the
individuals rights that include petitioning
to the government.
*However, the fact of the lawsuit alone
causes distress to the group or citizens
both financially and morally; and
unfortunately, this unlawful intimidation
pushes people into becoming less active
and outspoken about the issues they care
most about- especially environmental
impacts to our Earth.
38. How we can fight back
against SLAPP Lawsuits
“One-Two Punch”:
One is based in the constitutional guarantees of democratic
rights
Two is based in personal injury law.
The good news is that Environmentalists, and etc…, have
won monetary awards by fighting SLAPP Lawsuits. In the
1980’s and 1990’s, jury verdicts of $5 million - $86 million
were awarded against corporations that initiated SLAPP
Lawsuits.