On April 15, 2013, the bombings at the finish line of the Boston Marathon devastated and stunned the city of Boston. Two years later, Boston—and to a lesser extent the nation—was fixated on the trial of Dzhokhar Tsarnaev, one of the two men accused of carrying out the heinous act.
The Boston Bar Association (BBA), publicly anti-death penalty for more than 40 years, had to balance advocating for a position it had long held and respecting the concerns of those—BBA members among them—who did not agree with it.
There will be times in most professional settings when the position your brand takes isn’t a popular one. The right messages, delivered respectfully, can help maintain a productive relationship between your brand or organization and its followers, members, customers or clients.
Deciding If, When and How to Go Public
Communicating your position publicly may not necessarily be a given; there is nothing wrong with pausing to ask the question: Should we make our position known now? In considering the answer to this first—and important—question, it helps to put it in the following context: What does your position add to the public discourse? Are you able to clear up misconceptions or offer insights not currently being discussed? Are people expecting you to speak up?
This is not a decision that can or should be made in a vacuum. Seek input from key departments in the company or organization.
In the course of these conversations, you may find that staff has confidence in the position, but fears backlash from other stakeholders, including the public. This is understandable, but not insurmountable. How does a customer-driven business or member-driven organization communicate a position that may be unpopular with members and the public? The right messaging is crucial.
Refining Your Message
Start with the basics: What is your position, and why? The why is essential. It grounds your position in your business or organizational principles. For the BBA, it wasn’t enough to say:
We oppose the death penalty in all cases because we believe that capital punishment is wrong.
“Wrong” is a matter of perspective and is likely to invoke a negative reaction. Rather, as a bar association, BBA based its position in legal principles that directly tie back to its mission:
It is the BBA’s position that the death penalty is fundamentally inconsistent with the fair administration of our system of justice:
- The inevitability of error in criminal cases makes it overwhelmingly likely that reliance on the death penalty will lead to the execution of innocent defendants.
- In practice, the death penalty has a disproportionate impact on members of racial and ethnic minorities.
- Pursuit of the death penalty is an inordinately expensive gesture, inconsistent with the sensible allocation of resources in a criminal justice system already laboring under great financial strain.
By spelling out the reasons objectively and connecting them to your mission, not only do you communicate that your position is solidly based in your work, but you also reduce the ability of others to invent reasons as to why you have taken your position.
Expect to be challenged, however, and be prepared with proof points. Proof points are facts that support your position and reasons. They are a show of good faith that you have done your research and know your topic.
The most effective proof points come from a respected third party. Can a report your organization created be used as a proof point? Yes. But be ready to show that contributors to the report represent a variety of viewpoints and stakeholders. When the BBA developed a report on the death penalty, the working group included criminal defense attorneys, district attorneys, and retired judges.
Using a proof point from the BBA’s death penalty position as an example:
“The inevitability of error in criminal cases makes it overwhelmingly likely that reliance on the death penalty will lead to the execution of innocent defendants.”
Proof Point: In the last 40 years, more than 143 wrongfully convicted defendants on death row have been exonerated. Source: Carol S. Steiker and Jordan M. Steiker, No More Tinkering: The American Law, Institute and the Death Penalty Provisions of the Model Penal Code, 89 Tex. L. Rev. 354 (2010)
Once you have your position, messages, and proof points, are you ready to start communicating? No. Your messaging toolkit [Please see sidebar] should include content that acknowledges the opposing viewpoint, while still advocating for your own. This can be a delicate and tricky process. A good way to begin is by asking some of the same questions as before: Who opposes our position? Why do they feel that way?
Let Your Audience Shape The Message
Think about those who likely will disagree with you. Who are they? Do they come from a variety of backgrounds, or do they tend to fall into defined audiences, like parents, students or a certain professional community? This can help you tailor your message.
In the BBA’s case, there was no “one size fits all.” It knew that many people in the Boston area would disagree (some very strongly) with its position, and that some of them would be BBA members. The challenge was to acknowledge their point of view and counter it in a respectful way. The key to respectful debate is to avoid the dismissive “yes, but…” as well as loaded language that can invoke an emotional response rather than foster calm. Examples of loaded language include:
- “Elitist” vs. “expert”
- “Bureaucrat” vs. “public servant”
- “Outrageous” or “ridiculous” vs. “unacceptable”
The BBA was mindful of the fact that it was speaking out against the death penalty in a situation that involved an act of terror, the deaths of four people—including a child—and the maiming of many more. What’s more, one of its main reasons for taking the position—wrongful conviction—did not apply in this case. It needed a strong message, grounded in legal principles, which supported its position while acknowledging and respecting the deeply felt anger and grief stemming from this tragedy.
Framing the Message With Empathy
When it heard: Tsarnaev deserves to die for what he did. And: The evidence is clear that he is guilty; this is not a case of wrongful conviction. BBA’s president responded with:
- This is my home, and I feel deeply for the victims and their families, particularly the children. And I know that I’m not alone; many other Bostonians still feel the pain of this event every single day.
- Even for a crime as heinous as this, let’s not align ourselves with a capital punishment system that is so deeply flawed.
- [BRIDGE TO CORE MESSAGE ON DEATH PENALTY POSITION:]
- We at the BBA feel that the death penalty is fundamentally inconsistent with the fair administration of justice.
- These systemic flaws compel the BBA to speak openly against capital punishment, even when the facts of a specific case do not appear to raise questions about innocence or discrimination.
BBA offered empathy, it conveyed that the organization felt the pain of this crime, and avoided “but” and was never critical of those who disagreed with its opinion.
Aesop said “Please all and you will please none.” Stay true to your mission, show that your position is one that has been carefully considered and be respectful. Some of your stakeholders may disagree, but with the right messaging, you can continue the relationship.
CONTACT: [email protected]
Your Messaging Toolkit
Position statementReasons behind your positionProof pointsYour statement in op-ed or letter to the editor form if needed quicklyYour statement and core messages in tweet formatFAQ: Counterpoints to questions you’re likely to getTips to help your spokesperson bridge back to core messagesIf applicable, a history or timeline of the issue at hand and your organization’s involvement
Messaging for Calm: Do’s and Don’ts
Do invest the time needed to research the history and reasons behind your position. Do be inclusive when making the decision to communicate publicly and when building your messages. Do be respectful—not dismissive—of opposing viewpoints. Don’t use loaded language; your goal is to foster calm discussion. Do be prepared to answer uncomfortable questions. Being ready with a thoughtful response is the best way to avoid messaging missteps. Don’t allow others to derail you; always bridge back to your core messages. Do use your core messages to respond privately to customers, clients and members who take the time to reach out to you. Don’t engage in debate online or in social media.
This article originally appeared in the March 7, 2016 issue of PR News. Read more subscriber-only content by becoming a PR News subscriber today.