2005 December

Merry Christmas from UPA Staff

Legislature Preview: GRAMA, Open Meetings and Reporter's Privilege

By Joel Campbell

UPA legislative monitor

One of the busiest sessions for the Utah Press Association in recent years is expected as the Utah Legislature convenes for 45 days beginning Jan. 16.

Lawmakers have proposed major revisions to the state's open records and meetings laws and will take up a reporter's privilege law.

The general session will follow a busy summer where UPA successfully fought the repeal of the state's newspaper circulation sales tax exemption. The Tax Reform Task Force abandoned the repeal after newspaper publishers participated in public hearings around the state. For a time, observers thought that legislators might also expand taxes on services including advertising. Increasing taxes on services proved politically unpopular.

GRAMA Proposals

At the same time, UPA and other open government advocates failed to stop a legislative task force from proposing three bills that will drastically change the state's public records law, the Government Records Access and Management Act or GRAMA. The GRAMA Task Force passed out measures that will make lawmakers deliberative e-mail off limits, force all GRAMA appeals to go through the State Records Committee and allow government to charge commercial users of records additional fees beyond the current "actual costs" allowed by law.

By far the most troubling provision of these bills is one that would prohibit the public and press from accessing "all communications between citizens and elected officials" unless the official or citizen chose to make the communication public. It would also close "internal communications" that are part of the "deliberative process" of state legislators or county, city or town council members, or their staffs. The language, prompted by discussions about e-mail, would change the basic architecture of GRAMA.

"This would represent a sea change in the statute and provide government officials with enormous unchecked discretion in determining what is and is not a 'record,' all without any articulated standards as to how such a determination should be made," Jeff Hunt, UPA attorney, wrote in a letter to the task force.

The proposed changes would also shut down "deliberative" records before legislators take action on Capitol Hill or at City Hall. Under one of the bills, "communications" between elected officials and citizens would become off limits. Officials might use such a broad and undefined term to close off much of the information exchanged before important decisions or policy is made.

A second GRAMA bill would require records requests to go through the State Records Committee. Requiring such a process could lengthen appeals for the public and press on timely issues.

A third bill would allow government to charge fees for formatting or manipulating a record, as well as additional fees for providing a "series of records" provided in a spreadsheet or database format or for resale. In addition, government could refuse to manipulate, compile or format information in response to a GRAMA request and would put restrictions on an individual's home address, telephone number and mobile number.

Open Meetings Improvements

While legislators appear to be poised to make it harder to get public records, at least three bills would improve enforcement and access to public meetings. Bills approved by a legislative interim committee would require taping of open and closed sessions of public bodies. One bill would require training of all new elected officials who serve on a public body and another would impose fines for those who intentionally violate the law. The bills come on the heels of an audit that showed several Utah school boards had not been violating the Utah Open and Public Meetings Act.

Reporters' Shield Bill

Along with GRAMA and open meeting bills, UPA is likely to see some form of a reporter's shield law proposed. Attorney General Mark Shurtleff is supporting a bill to expand reporter's privilege in Utah. Currently, only Utah district court opinions offer support for a reporter's privilege. Utah is only one of a handful of states that do not have either appellate court cases or law recognizing a reporters' privilege.

In late November, Sen. Curt Bramble said he would run the bill to protect reporters and their confidential sources.

"I think the state should allow for a working dynamic similar to attorneys and their clients - or a priest and the parishioner who seeks his help," Bramble said on a Senate blog. "While I may not like what they write, media access to information seems indispensable to ensuring government is open and accountable. Capable, incisive, investigative journalism is a hallmark and protector of a free society."

Earlier in the fall, attorneys Jeff Hunt and Michael O'Brien asked the state judiciary to consider a rule that would create a reporters' privilege. The action also comes as national groups press for a federal reporters shield law.

Other issues

Other issues already on the radar for the 2006 is a bill proposing changes to Utah's criminal defamation statute and legislation regarding the Streamlined Sales Tax issue.

“Foundations for Success”

2006 Convention theme

Winter Convention plans are set and seminars and speakers are being confirmed for March 23 through the 25th gathering. We will all escape to the warm St. George weather this spring to learn new advertising sales techniques, methods to improve circulation figures and retain those we have. Special Round table discussions are planned for editorial writing as well.

Attorney General Mark Shurtleff has agreed to be our keynote speaker at Friday’s luncheon and tentative plans have been made to have Governor Huntsman as our keynote speaker at Friday evenings banquet.

New, updated methods of using Newsearch as your newspapers personal internet subscriptions source will be discussed during convention.

Our new “Meet & Greet” social on Thursday evening at 7 P.M. will once again kick-off our convention. This very popular function gives everyone an opportunity to visit with old friends and meet new UPA acquaintances. UPA will once again offer Bingo for families on Friday evening from 7:30 P.M. through the evening.

Craig$list.com

The much-loved Web site is taking millions from Bay Area newspapers and causing layoffs that adversely affect coverage. And its founder's well-intentioned support of citizen journalism has a slim chance of fixing the problem.

By Ryan Blitstein Published: Wednesday, November 30, 2005

See the full story from SF Weekly's website:
http://www.sfweekly.com/Issues/2005-11-30/news/feature.html

Your Future? Marketing Tidbits To Ponder…

By Lisa Dixon

Consumers today encounter from 3,500 to 5,000 marketing messages per day versus 500 to 2,000 in the 1970's, according to Yankelovich consumer and marketing research. The result? Fierce competition across all industries vying for customers to maintain and grow market share.

Today's consumers pose an increasing challenge to marketers (and newspapers!).

Ad agencies and marketers are looking for ways to deliver their marketing messages by integrating 'new and alternative media' (media which is fast becoming 'standard') as part of their traditional marketing mix.

Fundamental technological changes affect how U.S. consumers 'consume'. Wireless devices, DVD's, TiVo, search engines and the Internet, in general, have given the consumer control over when, where, what and how they receive information…be it news, entertainment or advertising.

The iPod is symbolic of these changes, especially among the much-sought-after younger demographic. It offers a personal, individualized experience. It offers control. With control comes power. The power of the consumer to choose. No longer do you have to buy an entire CD. Radio playlists are a thing of the past. Music companies don't have the clout, nor are they the 'star makers' they once were. The ability to download music has shaken and is revolutionizing the music industry.

What does the future hold? Here are some interesting marketing tidbits that should provide some food for thought…

- Consider the estimated 70 million Echo Boomers, those born between 1977 and 2002, that have never known life without cellphones, laptops and the Internet. Echo Boomers are much less likely to respond to traditional marketing. They're independent and tech savvy. They place a high value on self-fulfillment, flexibility, and are a generation of multi-taskers adept at answering e-mails on their Blackberrys while talking on cellphones while trolling online. They're used to processing information faster, in short 'bursts'.

- There's a lot of money to be made in age-related products. The youngest baby-boomers entered middle age. Those 76 million boomers born between 1946 and 1964 have had, and will continue to have, an enormous impact on society and business. Marketers are mapping out ways to cash in on this aging market segment. Brent Green, author of marketing to Baby boomers, says the smart money is on products and services designed to help boomers stay healthy, fit and active.

- Procter & Gamble, the powerhouse that popularized the concept of mass-market advertising, has turned its sights to in-store marketing. Believing shoppers make up their mind about a product in the first three to seven seconds they notice it on the shelf (i.e. the “first moment of truth”), they're changing their marketing strategies to tap into this important marketing opportunity. This new focus by the consumer-products giant has shaken the ad agency industry. No longer is the traditional, and very profitable, TV buy king. P&G dollars are being shifted to in-store marketing.

- Speaking of in-store marketing, WalMart Stores Inc.'s in-store TV network is reported to reach 130 million shoppers a month according to Nielsen Media Research findings.

- Brewing giant Anheuser- Busch hired JibJab studio, the shop behind the This Land presidential election spook that spread across the Web to an estimated 80 million viewers , to help them reach their core young, male audience.

- Craigslist.org has been described as an 'Internet classified market', a public forum site, a giant Internet bulletin board. It's large audience has grown 799%, from 401,000 unduplicated U.S. visitors a month in August 2001 to 3.6 million in August 2004, according to Nielsen/Net Ratings. One reason the audience is so large is that most everything is free. The site has expanded to include listings for 57 cities - 48 in the U.S.. They all look alike but have local listings. Their loyal (and growing) following buy and sell their stuff, look for dates, cars, homes and jobs, trade humor and vent about politics. They've built a sense of community in addition to a profitable business model from job postings.

- The U.S. entrepreneurial spirit remains steady. A study by the Kauffman Foundation found that entrepreneurs started an average of 550,000 new businesses monthly. Entrepreneurship is key to growth because start-ups create most new jobs that fuel the economy (think about scheduling a small business seminar in your market in 2006…see details at the end of this column and give me a call!).

- Consumers today demand an easy online experience. They're unlikely to buy from, or even return to, a Web site after being annoyed by some element of it, including…the use of pop-up ads, dead links, confusing navigation, registration log-on pages that block access to online content, ineffective site-search tools and the need to install extra software.

Prepare and position yourself for the 'future' by keeping an eye on today's changing marketplace, shifts in consumer preferences, new technologies and their applications. With the proper attention, planning, and perspective, the 'future' should never take you by surprise!


Lisa Dixon, AdWorks, is a national speaker based in Dallas, TX. She has 20+ years professional experience in advertising and marketing, with fifteen in the newspaper industry, and has won seventeen awards for her work in print, radio, TV, outdoor, direct mail and collateral materials. She conducts small business advertiser seminars for weekly and daily newspapers nationwide and has spoken nationally and internationally at press association conferences, API and NNA. For information on scheduling the small business advertiser seminar and how it will benefit your newspaper call Lisa at 972-818-5472 or e-mail LADixon@aol.com.

Build a strong case against all-caps

By John Foust, Raleigh, NC


Typography is one of the make-or-break elements in print advertising. Legibility is the key. If an ad is difficult to read, it may not be read at all.

ONE OF THE MOST COMMON TYPOGRAPHICAL MISTAKES IS THE OVERUSE OF UPPER CASE CHARACTERS. SOME ADVERTISERS ARE CONVINCED THAT ALL-CAPS MAKE THEIR WORDS MORE IMPORTANT. BUT IN REALITY, ALL UPPER CASE COPY IS ALMOST IMOSSIBLE TO READ. ESPECIALLY IN LARGE BLOCKS LIKE THIS.

If you slogged your way through the above paragraph, you’re in a rare company. Most people don’t want to get involved with such an indecipherable blob of type. All-caps are not reader-friendly at all.

An upper case character is like a golfer’s driver, the biggest, most powerful club in the bag. While a driver is vital, it’s not supposed to be used on every shot. In an average 18-hole round, a driver will be used 14 or 15 times – usually for tee shots on par four and par five holes.

Setting an entire ad in all-caps is just as unthinkable as using a driver for every shot. All-caps should be used sparingly. In fact, I can think of only three instances in which all-caps are acceptable: (1) in short headlines (and sub-headlines) with short words, (2) in some logos and (3) to emphasize an OCCASIONAL word in the body of an ad.

If you have an advertiser who is stuck in an upper case rut, you might want to prepare a little demonstration for your next presentation. Produce two versions of the same sentence, one in all-caps and one in upper and lower case. Use your computer to print them in large letters on separate, letter-size sheets of paper. For example:

NOW IS THE TIME
FOR ALL ADVERTSERS
TO SEND CLEAR MESSAGES
TO THEIR READERS.

Now is the time
for all advertisers
to send clear messages
to their readers.

Ask your client to participate in a simple readability experiment. Reach into your briefcase and announce that you are going to show two headlines for about the length of time it takes to turn a page of your paper. First, hold up the all-caps version for a (silent) count of three seconds, then lower it and ask what it says. Do the same thing with the other headline. Chances are, your client will find the second one considerably easier to read at a glance.

Explain that the second headline is more legible, because people read word shapes – not individual letters. Since upper case characters are the same height, there is no distinguishing profile. On the other hand, upper and lower case type creates a variety of character sizes and shapes. As a result, it is much more inviting to readers (ie. potential customers).

Many advertisers don’t realize how typography influences readership. Telling them “don’t run all-caps” is not likely to change their minds. But showing them – with a graphic comparison – can help you build a strong case against all-caps.

(c) Copyright 2005 by John Foust. All rights reserved.

John Foust conducts on-site and video training for newspaper advertising departments. His three new video programs are designed to help ad managers conduct in-house training for their sales teams. For information, contact: John Foust, PO Box 97606, Raleigh, NC 27624 USA, E-mail: jfoust@mindspring.com, Phone 919-848-2401.

TODAY'S WORD ON JOURNALISM

"And let us all be thankful for the newspaper, a truly useful object. The press is the watchdog of a free society, and while TV reporters are styling their hair and practicing winsome facial expressions, newspaper reporters are on the phone, knocking on doors, doing the work, holding power accountable. And you read their work and absorb something from it, or not, and then you spread the newspaper out on the floor and it absorbs paint drips, or you pack it in a box around fragile objects, or you roll it up and swat *bleep*roaches, or stuff it into cracks to keep the wind out, or stuff it under the kindling and light the fire -- one simple thing with six distinct uses. Or you can recycle it and it will transcend into cardboard. You can't do that with images on a screen."
--Garrison Keillor, humorist and writer, 2005

MANAGING EDITOR - TREMONTON, UTAH
Immediate opening for Managing Editor of award-winning weekly newspaper in Tremonton, Utah. Applicant should possess a
keen writing style, an eye for photography, excellent page design
background using Quark, strong editing skills and a desire to grow to
love the Tremonton and northern Box Elder County area. Preference will be given to an outgoing, aggressive person with a degree in journalism.
Salary and benefits, commensurate with experience. Please send your
resume, along with a minimum of 10 clips of your best writing and
photography examples, to: The Tremonton Leader, C/O Publisher Greg
Madson, 119 E. Main, Tremonton, UT. 84337 (no phone calls please). I will also accept Email resumes and PDF copies of clips at:
greg@tremontonleader.com

This position is open now and ready to be filled, are you prepared for
the challenge of small-town journalism?

Se necesita persona para operar la imprenta (press man) en St. George, Utah. Que tenga experiencia with double wide ocom imprenta tipo web o goss. Si usted tiene experiencia en este tipo de maquina, por favor llame a Gloria al telefono (435)674-6279. Se busca personal de tiempo completo y con beneficios.