Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Ian on Physical Punishment and Parental Rights

    • Peterk on Physical Punishment and Parental Rights

    • Robert on Physical Punishment and Parental Rights

    • Three Oranges on Physical Punishment and Parental Rights

    • Paul Robichaux on Physical Punishment and Parental Rights

    • JR on Physical Punishment and Parental Rights

    • Jan on Physical Punishment and Parental Rights

    • Mark on Physical Punishment and Parental Rights

    • Shag from Brookline on Omelets and Eggs

    • Shag from Brookline on Omelets and Eggs

    • Joe on What Exactly is Wrong With Polygamy?

    • Phil on What Exactly is Wrong With Polygamy?

    • Lee on Lifecycles and the Firm

    • Car accident claim lawyers on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

Ads You Can’t Escape

posted by Dave Hoffman

trasnpass.jpg

I received my monthly subway pass over the weekend, which SEPTA refers to as my “Transpass.” It looks something like the image on this post, except that the January pass is embossed, for the first time, with an advertisement for a local latino newsweekly. The back of the card contains more information about the weekly, along with (now) very fine print about the terms and conditions of subway riding.

I know this is just the sort of thing that rational people ignore. But it drives me a little crazy. I’d prefer to avoid as much persuasive messaging as I can, and I very much dislike new advertising on previously uncluttered surfaces. I don’t want my fruit tattooed with ads; and I think I ought to be able to get onto the subway without paying the mental tax of ignoring an ad.

I just came back from NY, whose metrocards are blessfully free of advertising. So I was wondering: are other transit agencies also trying to turn their tickets into a profit center?


 January 2, 2006 at 11:00 am   Posted in: Weird   Print This Post Print This Post

Responses (10)

  1. Nate Oman - January 2, 2006 at 1:00 pm

    Dave: Is there any metro transit authority in the nation that has ANY profit centers? My understanding is that subways and the like operate at a loss and are subsidized with tax revenues. (Not that this is a bad idea; roads are subsidized with tax revenues as well…)

  2. Daniel J. Solove - January 2, 2006 at 1:38 pm

    I’m not a big fan of advertisements in every corner and crevice of life either, but perhaps the ads will keep fares from raising. I assume that the revenue from the ads goes into the operation of SEPTA, and this revenue might prevent a fare increase in the future (or forestall fare increases). For many people, they’d rather be mentally taxed with ads rather than paying higher fares. Perhaps they could offer cards with ads and cards without, the cards without ads costing more. Think of it like the subway’s version of HBO.

    I’m not pro-advertisements, so please don’t misinterpret this comment. I’m just raising some questions, that’s all. Indeed, the questions can be raised even more broadly — should the government aggressively try to raise money for a wide range of its services for ads? So perhaps government websites should take on ads; ads could be placed throughout government buildings (perhaps ads even in the White House and Capitol, and maybe even some product placement deals too, such as an official beverage for the White House, etc.); we could have ads painted on the Space Shuttle, ads on military vehicles and uniforms, ads on the outside of Amtrak trains, ads on anything the government owns. This revenue could help subsidize many government services and ease the tax burden. Again, I don’t necessarily agree with this, but I wanted to throw out the idea. On the one hand, I’m not a fan of seeing ads — I love my HBO. But there are many poeple who can’t afford HBO, for whom lower fares and lower taxes might be worth the trade-off.

  3. meep - January 2, 2006 at 1:56 pm

    Well, it seems that Metrocards have had advertising on them, though usually for some museum show or generic NYC tourism boostership.

    Pulling out my most recent Metrocard, I see a picture of the NYC Transit’s first air-conditioned bus, accompanied with the logos of the local NBC affiliate, the New York Post, and 100 years of NYC buses commemorative logo. To me that constitutes being an ad (just like those underwriters’ blurbs on PBS… they look like ads to me. They’re trying to buy goodwill for their companies.) They’ve got ads on the bus shelters, newstands, station walls, and subway cars. I’ve seen “wrapped” buses. I’m guessing the only reason the Metrocards don’t have “real” ads on them yet is because they’ve not been able to sell the concept… very few people actually look at their Metrocards unless they’re screwing up.

  4. Dave Hoffman - January 2, 2006 at 2:29 pm

    MaryPat: That is pretty strange, because the metrocard I purchased this weekend (from a machine) is yellow and blue and ad-free. I wonder if folks with permanent passes get different cards?

    Nate: I meant profit-center in the context of an overall losing operation, of course.

    Dan: there were some articles a few years back about renaming Boston T-stops after sponsors, and how that was a terrible idea. I don’t know what came of it, if anything. I actually have a smaller problem with renaming the entire station than putting an ad on the ticket – because I take the ticket home with me. The irrational lines we draw…

  5. Matt Bodie - January 2, 2006 at 3:19 pm

    The front of the NYC Metrocard has the yellow and blue logo, but the back generally has some sort of civic advertising. An older card of mine has an ad for NYC’s bid for the Olympics in 2012.

  6. Chris Hoofnagle - January 2, 2006 at 3:20 pm

    Hey Dave, check out PUC v. Pollak: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=343&invol=451

    It’s a neat look at what I call “coercive advertising,” commercial messaging that you cannot avoid. In that 1952 Supreme Court case, the court rejected the First and Fifth Amendment claims of bus passengers who objected to the bus company playing music and advertisements on the intercom of the bus. There are three rather interesting opinions–Justice Black concurred with the majority, and found that the bus passengers were not deprived of their First and Fifth Amendment rights by the music and ads. However, Justice Black argued that if the broadcasts contained news or other propaganda, forcing passengers to listen would violate the First Amendment. So, I guess Justice Black might object to your subway card if it had some political/news message.

    Justice Frankfurter recused himself, apparently because he himself rode the bus, and was “a victim of the practice in controversy.”

    Justice Douglas wrote a very strong pro-privacy opinion, arguing that “If liberty is to flourish, government should never be allowed to force people to listen to any radio program…”

    C

  7. Doug B. - January 2, 2006 at 3:54 pm

    I think Dan has his finger on the most important issue, which in turn leads me to ask how much Dave and others would be willing to pay for an ad-free card. Put another way, we all love to complain about advertising, but the revenue ads produce lower the real costs of so many products (such as newspapers and websites).

  8. Adam - January 2, 2006 at 4:00 pm

    How much do the ads bring in? Why not offer a choice of paying more for an ad-free card? What would be the administrative overhead of this?

    Presumably, now, there’s only a single batch of cards each month, with all the fare and value data encoded electronically. Adding a second batch as ad-free cards would entail having to have a mechanism for selecting, such as extra fare machines which dispense such cards. Maybe SEPTA could simply read any card you put in, and control who can put value on a card?

    You could get whatever affinity card people wanted to use in the metro.

  9. Dave Hoffman - January 2, 2006 at 4:14 pm

    Chris – what a great opinion! Thanks for the tip.

    Doug, I guess I’m starting from the position of someone who was already paying for a no-advertising card, and now is paying the same price (not less) for a card potentially festooned with ads. You (and Dan) may be right that this is a way of subsidizing rail-travel without raising fares, but given what I know about how SEPTA is run, I doubt the money will be spent in an intelligent way. It is actually more likely that someone in the middle-management said “we just, foolishly and humiliatingly, lost a strike to the union, how can we squeeze more money without approaching our politically-run board for a fare-hike.” Also, the WTP criterion sweeps pretty far, considering (as Adam points out) that it would be really hard to create price discrimination mechanisms in this context. Would I pay significantly more for an ad free experience on the subway? Maybe – I do pay for HBO – and maybe not. But if the choice was one of a few cents, I’d probably buy the ad-less card, out of principle. Especially after I’ve precommitted myself in this post :)

  10. anonymous - January 6, 2006 at 8:42 am

    The “mental tax of ignoring an ad”? . . .

    Wow. That’s some brain you got there.

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress