The court of public opinion

Any public person, product, or company is being judged. That is the crux of branding. A brand, at its essence, is how we feel about a public image. 

The court of public opinion is a term initially coined around high-profile court cases, where public opinion judges guilt or innocence without the legal guardrails or insight a judge or jury might have.  In his 2003 book  The Court of Public Opinion: Winning Your Case With Public Relations, James F. Haggerty writes, “everyone who interacts with the public…will likely find themselves at one point or another immersed in legal issues or crises - and increasingly, in situations where those legal matters  place the client in the public spotlight.”  

With social media and a 24-hour news cycle, this spotlight and judgment of public opinion don’t necessarily need to be linked to the legal system to have lasting consequences.

In the ever-changing landscape of public perception, brands find themselves under scrutiny.

The court of public opinion is swift and can have a real impact. To a person’s general popularity (think, for example, of instances of cancel culture) or even something as mundane as a product's waning sales if people lose trust or interest in it.

Shaped by the collective judgment of a specific community or pop culture more widely, many factors influence public opinion. Some of the major ones I’ll highlight now include trust, authenticity, and past experiences - but we’ll get into more aspects in later posts. 

Trust: The Pillar of Credibility

At the core of people’s judgment is the essential concept of trust. This valuable currency, earned through credibility and reliability, is pivotal in determining how individuals and brands are perceived. Trust is hard to earn and essential to protect. It’s based on being true to your core values, honest (especially regarding your products and services), and consistently meeting expectations.  When a brand has invested in trust, even in challenging times, it becomes a vital resource to foster enduring support and can often win a brand the benefit of the doubt. 

Authenticity: Building Genuine Connections

Right now, Authenticity has perhaps the most substantial influence on public attitudes. Authenticity relates to a feeling of genuine connection. 

Brands perceived as authentic are seen as more relatable and trustworthy, fostering a deeper, more meaningful connection with their audience.  It is also essential in a digital age, where people seek to interact more personally. From the audience perspective, this should feel like a one-on-one interaction.  

Imagine your favorite TV commercial. Impressive right? It was designed to reach and influence an audience of millions. Now, think of your favorite online video (even if it’s not a commercial); this likely feels like it was designed to reach and engage an audience of one but has the potential to do so millions of times over.  


Past Experience: Shaping the Narrative of Perception

We judge based on past experiences - including firsthand experience or secondhand stories about the experience of others.  

Every interaction with a brand can cultivate loyalty or increase skepticism. If a person has repeated positive experiences with a brand over time, they are more likely to forgive a misstep and extend some grace to that company. 

Adapting to the Pace of Perception

There is so much information available today that public opinions are formed rapidly. 

The court of public opinion is swift in delivering judgments. When you say a well-known name to someone, they’ll likely have a split-second reaction based on their experience and the stories they have heard and believe. 

The ability to shape these emotions and narratives emerges as a strategic tool for individuals and brands navigating the volatile landscape of public perception. However, this should always start with an honest and transparent reflection of their values and actions.

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