Some Law, Some Advertising

In the short history of this ground-breaking blog, I've avoided my professional interests in environmental and civil rights law issues. That should probably be a different blog, where I use my real name and actually take responsibility for my words.

Not like here.

That said, recent developments in California's fight regarding Proposition 8 (initiative barring gay marriage) bring to light one thing on which I'd like to comment.

I'm not going to go into the facetiousness of the argument itself (claim that the judge who overturned California's ban on same-sex marriage had an obligation to recuse due to his alleged conflict of interest - said judge is gay).

But you do have to wonder how many BILLABLE HOURS went into that action - formulating the argument, researching, writing, filing, obligating the opponent to respond and do the same; sucking up valuable court time. Did no one over at Righteous Nuts Against Civil Liberties the Protect Marriage Coalition stop and say, Gee guys, is this action really a good idea?

Bringing us to the Groupon Super Bowl ad.

Even if you are a civilian (i.e., not in the advertising industry) you have an idea of the expense, exposure, pressure and stakes of running an ad on the Super Bowl. It can establish a brand where there was hardly one before, while fully and fundamentally changing the landscape of broadcast advertising.

So no mistakes, Please. Edgy yes - Idiocy, No.

Digression: I tend to only pay attention to the more novel brands that advertise on the Super Bowl. Although women are over 50% of the population and make 80% of the buying decisions, according to the majority of advertisers we don't have much sense when it comes to purchasing automobiles, beer, liquor, snack foods, electronics or dinners at mainstream chain restaurants. Apparently my breasts (magnificent though they are) interfere with my disposable income decision-making processes.

End of digression.

The Groupon ad's pay off was along the lines of, Hey, sucks to be an oppressed society - but those Tibetans still make one mean bowl o' Pho! Or something like that.

My first flummoxed response was, Did I miss a crucial verb, or phrase, that totally redeemed that Steaming Pile of Steaminess?

Then I thought - Wow, how the hell did that get produced. From the fool creative team that took it to the ACD (who approved it), to the CD (Id.), through internal review (Id.), then to the client.

No one at the client noticed how awful the creative concept was. Nor the directors who sold their souls to pitch it, the one who 'won' it (I landed a Super Bowl ad!). I guess because of the Malibu mortgage and three alimony obligations?

Weeks of pre-production, casting, courting Famous Actor (Famous Actor, who read the script as well as his agent, manager, assistant, wife, mistress, other mistress, and two cats. All approved - "Let's DO THIS!"). Further weeks of principal photography, post-production, and daily painful approvals throughout.

And within minutes of its airing - on the sporting event that delivers the largest broadcast audience each year, every year - customers walked away, the general public was somewhere in the spectrum between dismayed and outraged....

And of course client and agency are both, Wait, What? Folks are offended? Why goodness gracious, that possibility never crossed our minds! And even if folks were offended, it was a joke! And if it was a joke, we do actually support the causes of those we belittle in order to further our brand! And, uh, yeah.

So many emperors, so few clothes.