虚假广告致害与侵权行为致害的异同——兼论法律对信赖利益的保护

广告业的发展参差不齐,虚假广告尤为明显,由虚假广告致害的个体逐渐增多。此类问题的解决需要首先从虚假广告致害与侵权行为致害的不同入手分析,再分析虚假广告的严重性,然后提出虚假广告所侵犯的是消费者的信赖利益及信赖利益的保护。     

Book reviews

James A. Smith, The Idea Brokers: Think Tanks and the Rise of the New Policy Elite (New York: The Free Press, 1991), 313 pp. $24.95.

Dinesh D'Souza, Illiberal Education: The Politics of Race and Sex on Campus (New York: The Free Press, 1991)., 319 pp.

Michael Glennon, Constitutional Diplomacy and Constitutionalism (Princeton, NJ: Princeton University Press, 1990), 353 pp. $35.00.     

Media Matter: How Newspapers and Television News Cover Campaigns and Influence Voters

The conventional wisdom in political communications research is that the media play a dominant role in defining the agenda of elections. In Bernard Cohen's words, the media do not tell us what to think, but they tell us what to think about. The present article challenges this conclusion. We present data on media coverage of the 1992 presidential election from the first nationally representative sample of American newspapers and compare these to the issue interests of the American public. We conclude that past claims that the media control the agenda-setting process have been overstated. Candidates messages are well represented in press coverage of the campaign, and coverage is even independent of a newspaper's editorial endorsement. We argue that agenda setting is a transaction process in which elites, the media, and the public converge to a common set of salient issues that define a campaign.     

Issue-Related Learning in a Gubernatorial Campaign: A Panel Study

This study is based on data from a three-wave telephone panel survey conducted during the 1998 governor's race in Florida. The evidence suggests that a considerable amount of issue-related learning (having to do with candidate policy stands and group endorsements) took place over the course of the general election campaign, though substantial differences were observed from one issue area to the next. Further analysis indicates that learning was especially likely to occur among voters (a) who were more knowledgeable about political affairs to start with (confirming that the so-called “knowledge gap” may be exacerbated during campaigns), (b) who scored high on a measure of advertising negativity (for one candidate but not the other), and (c) who early in the campaign, read their local newspaper less frequently. Consistent with prior research, TV news appears to have done little or nothing to boost issue-based learning among the electorate.     

A Review of: “Digitizing the News: Innovation in Online Newspapers,by Pablo J. Boczkowski”

This study examines the way in which USA Today used tracking poll data in its strategy‐oriented coverage of the 1992 presidential campaign. Scrutiny of the methodological features of tracking polls suggests the news media's potential misuses of them. Studies on media polling lead to the general hypothesis that tracking polls serve the mass media as a device for generating news accounts that focus on candidate strategy. Using the ARIMA modeling technique, I conclude that as changes in the margin of difference between Bush and Clinton in the Gallup/CNN/USA Today poll increased, USA Today cited the poll results more frequently. The increase in the number of tracking poll references corresponded to an increase in the number of strategy‐oriented words in USA Today's campaign coverage. I discuss the implications within the context of the 1992 election campaign coverage.     

Tim Cook: A Remembrance

Sparse literature exists on the topic of intimacy appeals in political advertising, so in this study Horton and Wohl's para-social theory was applied to explain the “relationship” in Israel between television performers (politicians) and spectators (voters) through the intimacy concept. Altogether, 442 political ads from two Israeli election campaigns (1996 and 1999) were analyzed to test three hypotheses on the use of intimacy appeals across campaigns and political parties. The intimacy appeal measure consisted of five intimacy techniques and was thus characterized as a macro-level variable. These techniques appear in the codebook as five questions that examine whether the spots present words of intimacy, intimate situations, families of politicians, nonverbal expressions, and children. The results indicate that intimacy appeals in political spots are quite popular. Religious and left-leaning parties tended to use intimacy appeals significantly more than nonreligious and right-leaning parties. We conclude that politicians indeed use the same intimacy strategies and techniques as other television performers do; therefore, para-social theory accords with the concept of intimacy in political advertising as much as in other communication settings.     

Typing Politics: The Role of Blogs in American Politics,by Richard Davis

The purpose of this paper is to advance our understanding of how negativity affects voters’ assessments of the positions candidates take on issues. We argue that the inferences people make about candidates’ positions on issues differ depending on whether the information they encounter comes from attack or self-promotional statements. Specifically, we posit that attacks offer two pieces of information to voters—insight into the positions of the target and the sponsor—whereas, positive information only affects perceptions of the sponsor. Further, we contend that attacks offer important correctives to candidates’ often misleading self-promotional claims. By drawing attention to the differences between the informational content of negative and positive appeals, we offer new insights into the inferences voters make about candidates’ positions on issues. We support these claims using data from an internet-based experiment employing a nationally representative sample of nearly 4,000 people. The paper concludes by teasing out a series of implications that arise from these insights.     

How Negativity Can Increase and Decrease Voter Turnout: The Effect of Timing

Negative ads dominate campaign communication, but scholars continue to disagree over the effects of negativity on voter turnout. While some studies show that negativity leads to a lower likelihood of turnout, others find precisely the opposite. In this article, I leverage the role of timing to unify findings that were heretofore perceived as largely conflicting. I use the same data to show that at a certain time exposure to negativity can be mobilizing, but at other points in time exposure can be demobilizing. A combination of observational data and experimental results highlight these crucial conditions.     

Who Advocates? Determinants of Political Advocacy in Presidential Election Years

Political discussion research often focuses on general discussion without analyzing interesting subsets of interpersonal communication, such as political advocacy. Political advocacy is crucial to study because it is where citizens make clear statements of their beliefs when trying to influence others, which democratic theorists cite as valuable in spreading information in discussion networks. In this project, we test theoretically relevant determinants of political advocacy, focusing on campaign spending. Using multilevel logistic regression models of American National Election Study survey data from presidential elections between 1976 and 2008, we find that campaign spending correlates with an increase in the likelihood of advocating. We also find that the likelihood of being an advocate correlates with greater political discussion, television usage, interest in politics, partisanship, efficacy, and socioeconomic status. Additionally, we break these results down by party spending and party identification, and find differentiated results by party. Generally, these results show how the electoral environment shapes interpersonal communication.     

Accentuating the Negative: Candidate Race and Campaign Strategy

This article examines the impact of candidate race and campaign negativity on candidate evaluations and turnout. Unlike previous research, we argue that candidate race and campaign negativity should be considered simultaneously. In order to test this argument, we conduct a survey experiment of a nationally representative sample of White adults and a replication study. While we find, consistent with previous research, that respondents unfavorably evaluate candidates who decide to sponsor a negative ad, there are two important exceptions to this pattern: When the ad sponsor is Black, among White respondents who view Blacks negatively, the penalty for going negative is disproportionately large, while among White respondents who view Blacks positively, the penalty for going negative is disproportionately small. More generally, our findings suggest that the effects of candidate attributes and campaign strategy on voter behavior should not be considered in isolation, as they are mutually reinforcing.