There’s an old saw that “ignorance of the law is no excuse.” In the wake of increasing regulatory complexity, however, this seems to be less and less true. Moreover, there are laws designed to help people — the earned income tax credit, for example — that can’t help those who are unaware of their potential benefits.
To my knowledge, legal scholars have not paid much attention to advertising the law — namely, the government’s role in spreading the word about what the law actually is. To what extent is the government obligated to advertise law? Can the executive fail to advertise a legislative enactment and, in effect, kill it by inaction? Can a defendant claim failure to advertise and escape civil or even criminal liability? Conversely, what can the law do to make sure it more effectively markets itself?
The recent “Click It or Ticket” campaign is an aggressive government effort to increase seatbelt use, especially among younger drivers. You may have heard the somewhat menacing radio ads, or seen the shadowy television advertisements, featuring younger drivers who get a ticket for failing to use the buckle. There’s also the PSA featuring New Jersey Governor Jon Corzine, who recently was injured after speeding and failing to wear a belt.
I’m not sure whether “click it or ticket” will be all that successful in changing the norms of teenage driving. Perhaps getting the phrase “pulling a Corzine” into the lingo would be more viscerally grabbing. After all, the “click it” campaign focuses not on the personal harm from failing to wear a belt, but rather the chances of getting some (small?) legal penalty for doing so. However, the NHTSA claims that “Click It” is “the most successful seat belt enforcement campaign ever, helping create the highest national seat belt usage rate of 82 percent.” Perhaps the threat of legal liability weighs heavier on a teen’s mind than the possible loss of life.
Finally, I thought I’d link to this — perhaps my favorite PSA of all time, on so many levels.
Posted by Matt Bodie on May 24, 2007 at 12:29 PM
Comments
Holy act of Congress!
Posted by: Bruce Boyden | May 24, 2007 1:55:17 PM
Yeah. I can’t add to the substance, but as an old “Batman” TV show fan and labor/employment law guy, seeing that clip was incredibly cool.
Posted by: Joseph Slater | May 24, 2007 1:52:14 PM
Great link!
Posted by: Mike Guttentag | May 24, 2007 1:33:17 PM