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Dodging the horns of a reputational dilemma: Avoiding comment on divisive social justice issues

September 2, 2024

As social justice concerns have come to occupy center stage of public discourse, leaders of all types of companies, organizations and institutions feel pressured to comment.

But in the current divisive political (small “p”) environment, expressing an opinion on any social justice issue is fraught with reputational risk.

Whether that pressure grows out of one’s own ethics, or from the urging of colleagues, customers, employees, boards of directors or the general public, it’s increasingly obvious that no statement will satisfy everyone – or even the majority of the audience for whom the message is intended. Moreover, in an era in which social media fuels cancel culture, the consequences of speaking out can be dire.

This is not news. High profile university presidents have been forced to resign after statements about the Hamas/Israeli war drew public – and political ire. A former CrossFit CEO was forced to step down over comments he made after George Floyd’s death. Hallmark became the target of online petitions from conservative Catholic groups after airing a commercial featuring same-sex couples – then was hit by criticism from LGTBQ+ advocacy groups for subsequently pulling the ads.

It’s not just a question of choosing sides – an entity can be vilified for not taking a sufficiently extreme position, as when two top officials from The Poetry Foundation were forced from their posts after 1,000 poets and foundation supporters criticized what was said to be a weak and vague stance on Black Lives Matter issues.

Not speaking out can be equally risky: Red Bull fired its CEO, CMO and president after an internal letter signed by several hundred employees criticized the company’s “public silence” on the Black Lives Matter movement.

Nor will it work to issue a “thread-the-needle” statement that focuses on “the victims” or expresses a wish for a speedy end to the war, equal protection under law, “good people on both sides,” etc. They tend to be criticized as cynical, performative, and tone deaf.

 

But if commenting and not commenting are equally fraught, what pathway is left?

    • First: The decision to comment (and what to say) should be part of a fully developed plan – one that includes preparations for backlash that’s sure to come.
    • Second: The position should align with your organization’s mission (and not necessarily its core values or vision statement, which tend to embrace amorphous and aspirational social justice goals.)
    • Third: A decision to speak out publicly – or even internally to employees or other stakeholders – should be based on a policy that clearly sets out the circumstances and parameters under which leadership must speak on behalf of the organization. (That “must,” rather than “may” speak out is crucial, because to help the organization dodge social justice backlash, the policy should constrain commentary, not enable it.)
    • Fourth: A key component of the policy should be the recognition that social justice issues are not static, that a decision to not speak out can be bolstered in situations in which circumstances are evolving or the issue is one that may come to be viewed differently ovin hindsight. (The Israeli/Hamas war provides a good example: Organizations that enthusiastically supported Israel during the first days were later vilified as the war raged and the plight of non-Hamas Palestinians became a chief concern.)
    • Fifth: The policy must be made widely known throughout the organization as firmly rooted in the organization’s raison d’etre, not its culture or its commitment to social justice issues generally.
    • Sixth: The policy should clearly state that leadership shall not comment on any issue unless the issue impacts its operations or goals.

Even so, you’ll likely have to defend the decision not to comment – at first, anyway.

Organizations can take their cue from Harvard University, which established an Institutional Voice Working Group to recommend such a policy after its president was forced to resign over comments made (and not made) about her response to Israeli/Hamas war protesters.

“The university has a responsibility to speak out to protect and promote its core function,” the working group wrote. Still, it added, “The university and its leaders should not, however, issue official statements about public matters that do not directly affect the university’s core function.”

The working group pointed out that Harvard’s “core function” is to cultivate “an environment in which its members can research, teach, and learn.” To protect and promote its core function, it wrote, “Its leaders must communicate the value of the university’s central activities,” and “they must speak out on issues directly relevant to the university’s operation.”

 

To paraphrase the working group, the integrity and credibility of your organization is compromised when you speak on matters outside your area of expertise.

How does this translate to your organization? If you’re a hospital or nursing home or medical practice, your expertise lies in healthcare. If you are a law firm, accounting firm, public relations firm, you may support Pride month, Holocaust Remembrance events, veterans’ access to healthcare but your core professional functions are unrelated to those causes, regardless of how passionate you are about them. Make it clear to your internal audiences (employees, corporate partners, oversight entities, etc.) that your organization will always comment on issues that are central to its core function and expertise but will always refrain from speaking out on other issues.

You’re likely to initially get pushback but stick to your guns. If your policy is carefully considered, consistent and easily explained, it will ultimately be accepted… and might even come to be viewed as wise.

And, by the way, if your organization isn’t in a position to fundamentally impact the issue, what you believe doesn’t add to the conversation anyway.

~~~

Warren Cooper is Senior Director at Kessler PR, a public relations firm specializing in crisis and strategic communications consulting services for Fortune 500 companies, colleges and universities, hospitals and health systems, law firms, governments, religious institutions, arts organizations, and other high-profile clients. In 2024, Chambers and Partners ranked Kessler PR Group and Cooper individually in Litigation Support and Crisis PR & Communications.

In advising clients, Cooper draws on his years as an investigative reporter, New Jersey mayor, businessman and school board president. He earned a doctoral degree in psychology at Rutgers University and a bachelor’s degree at Binghamton University.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]

Kessler PR Group is a leading public relations firm specializing in crisis communications, reputation management, litigation support and media relations. To learn more, please visit https://kesslerpr.com, call 908-322-1100 or email info@kesslerpr.com.

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Karen Kessler

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Karen regularly counsels clients on sensitive issues including regulatory inquiries, personnel matters, business practices and criminal and civil litigation. She represents high profile celebrities and entities in the USA, Europe and the Middle East. She is known for her discretion, her integrity, and her decades-long relationships with media leaders.

Karen is a frequent keynote speaker on topics ranging from reputation, career, leadership and moving beyond cancel culture. A reliably provocative commenter on reputation issues for print and broadcast, Karen has served as an on-air reputation consultant to the “NBC TODAY SHOW” and others. Her work has been the basis of both feature and documentary films.

Karen has served on Boards of Directors of public companies and leading not-for-profits in finance, health care and education. She and her work have received dozens of awards from local, regional and national organizations.

Early in her career, Karen served as the Vice President of Corporate Communications for the American Stock Exchange. She was the Director of Transition for New Jersey Governor-Elect Jim Florio and the first female commissioner of the New Jersey Sports and Exposition Authority. She earned an AB in economics from Vassar College.

Karen Kessler

Karen Kessler

kkessler@kesslerpr.com

Karen regularly counsels clients on sensitive issues including regulatory inquiries, personnel matters, business practices and criminal and civil litigation. She represents high profile celebrities and entities in the USA, Europe and the Middle East. She is known for her discretion, her integrity, and her decades-long relationships with media leaders.

Karen is a frequent keynote speaker on topics ranging from reputation, career, leadership and moving beyond cancel culture. A reliably provocative commenter on reputation issues for print and broadcast, Karen has served as an on-air reputation consultant to the “NBC TODAY SHOW” and others. Her work has been the basis of both feature and documentary films.

Karen has served on Boards of Directors of public companies and leading not-for-profits in finance, health care and education. She and her work have received dozens of awards from local, regional and national organizations.

Early in her career, Karen served as the Vice President of Corporate Communications for the American Stock Exchange. She was the Director of Transition for New Jersey Governor-Elect Jim Florio and the first female commissioner of the New Jersey Sports and Exposition Authority. She earned an AB in economics from Vassar College.

Warren Cooper - Kessler PR

Warren Cooper

wcooper@kesslerpr.com

Warren provides strategic communication counsel and litigation support to clients facing personal or institutional crises.

He has provided media training to clients facing the glare of public scrutiny; written political speeches, university commencement addresses, and policy presentations for a variety of speakers and audiences; drafted media statements for corporate and outside counsel to align with and bolster litigation strategy and crafted traditional and social media messaging to support political and policy campaigns.

In advising clients, Warren draws on his years as an investigative reporter, as well as his own experience handling media as a New Jersey mayor and school board president. Warren earned a doctoral degree in psychology at Rutgers University and a BA in English at Binghamton University. He has taught psychology at Rutgers and journalism and communications at Raritan Valley Community College.

Warren Cooper

Warren Cooper

wcooper@kesslerpr.com

Warren provides strategic communication counsel and litigation support to clients facing personal or institutional crises.

He has provided media training to clients facing the glare of public scrutiny; written political speeches, university commencement addresses, and policy presentations for a variety of speakers and audiences; drafted media statements for corporate and outside counsel to align with and bolster litigation strategy and crafted traditional and social media messaging to support political and policy campaigns.

In advising clients, Warren draws on his years as an investigative reporter, as well as his own experience handling media as a New Jersey mayor and school board president. Warren earned a doctoral degree in psychology at Rutgers University and a BA in English at Binghamton University. He has taught psychology at Rutgers and journalism and communications at Raritan Valley Community College.

Warren Cooper - Kessler PR

Donna Elliott

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As the initial point of contact for Kessler PR clients, Donna Elliott draws on her background as a broadcast news writer, editor, and producer for a New Jersey-based media company to conduct client research with confidentiality and sensitivity. Her earlier work supporting C-suite executives enables her to develop strong relationships with attorneys, their clients and other engaged stakeholders, coordinating calendars and managing onsite, remote and hybrid meetings.

Donna seeks to boost client trust and confidence, approaching business operations to help clients achieve their reputational goals. Donna’s focus on enhancing the client experience throughout her career has enabled her to use data collection, assessment and analysis to recommend and execute process improvements at a New Jersey energy company and cultivate partnerships for an international, enterprise-level staffing solutions company.

Donna Elliott

Donna Elliott

delliott@kesslerpr.com

As the initial point of contact for Kessler PR clients, Donna Elliott draws on her background as a broadcast news writer, editor, and producer for a New Jersey-based media company to conduct client research with confidentiality and sensitivity. Her earlier work supporting C-suite executives enables her to develop strong relationships with attorneys, their clients and other engaged stakeholders, coordinating calendars and managing onsite, remote and hybrid meetings.

Donna seeks to boost client trust and confidence, approaching business operations to help clients achieve their reputational goals. Donna’s focus on enhancing the client experience throughout her career has enabled her to use data collection, assessment and analysis to recommend and execute process improvements at a New Jersey energy company and cultivate partnerships for an international, enterprise-level staffing solutions company.

Erin Friedlander Kessler PR

Erin Friedlander

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Erin develops and executes customized communication strategies for clients. She has represented many high-profile individuals and organizations during her career and has extensive experience in working with leaders of education, healthcare, not-for-profit, and religious organizations.

In addition to helping clients generate greater public awareness and visibility for their brand, Erin often works with clients who seek to avoid or respond to reputational fallout when faced with media or public scrutiny. She regularly provides public relations and litigation support for clients engaged in complex matters including, but not limited to personnel issues, leadership transitions, mergers, acquisitions, and bankruptcies.

Prior to joining Kessler PR Group, Erin served as communications director and media spokesperson for a prominent religious nonprofit organization in Central New Jersey.

Early in her career, Erin worked for a public and government relations firm in Trenton, where she led multiple strategic public relations, marketing and grassroots campaigns, special events, and communications initiatives for corporate, small business, New Jersey Department of State and not-for-profit clients. Erin earned her BA in Communications at Rider University.

Erin Friedlander

Erin Friedlander

efriedlander@kesslerpr.com

Erin develops and executes customized communication strategies for clients. She has represented many high-profile individuals and organizations during her career and has extensive experience in working with leaders of education, healthcare, not-for-profit, and religious organizations.

In addition to helping clients generate greater public awareness and visibility for their brand, Erin often works with clients who seek to avoid or respond to reputational fallout when faced with media or public scrutiny. She regularly provides public relations and litigation support for clients engaged in complex matters including, but not limited to personnel issues, leadership transitions, mergers, acquisitions, and bankruptcies.

Prior to joining Kessler PR Group, Erin served as communications director and media spokesperson for a prominent religious nonprofit organization in Central New Jersey.

Early in her career, Erin worked for a public and government relations firm in Trenton, where she led multiple strategic public relations, marketing and grassroots campaigns, special events, and communications initiatives for corporate, small business, New Jersey Department of State and not-for-profit clients. Erin earned her BA in Communications at Rider University.

Kevin Israel Kessler PR

Kevin Israel

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Kevin provides communications guidance and messaging support to a wide variety of clients, including those in the healthcare field, construction professionals, and the entertainment industry. He has overseen event planning and helped produce major televised events.

Prior to joining Kessler PR Group Kevin served as public relations manager for a major New Jersey health system, directed the New Jersey Department of Transportation’s Office of Community and Constituent Services, and served as chief of staff for state elected officials in New Jersey’s 13th Legislative District.

Kevin’s legal and legislative background combined with his transportation and health care experience make him uniquely qualified to service a wide variety of clients. He has worked on high profile issues throughout the NY/NJ region and provided messaging strategies to governors, legislative leaders, and corporate executives.

Kevin earned his BA from the University of Delaware and his JD from Hofstra University School of Law.

Kevin Israel

Kevin Israel

kisrael@kesslerpr.com

Kevin provides communications guidance and messaging support to a wide variety of clients, including those in the healthcare field, construction professionals, and the entertainment industry. He has overseen event planning and helped produce major televised events.

Prior to joining Kessler PR Group Kevin served as public relations manager for a major New Jersey health system, directed the New Jersey Department of Transportation’s Office of Community and Constituent Services, and served as chief of staff for state elected officials in New Jersey’s 13th Legislative District.

Kevin’s legal and legislative background combined with his transportation and health care experience make him uniquely qualified to service a wide variety of clients. He has worked on high profile issues throughout the NY/NJ region and provided messaging strategies to governors, legislative leaders, and corporate executives.

Kevin earned his BA from the University of Delaware and his JD from Hofstra University School of Law.

Andria Lykogiannis- Kessler PR

Andria Lykogiannis

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Andria Lykogiannis serves as principal client liaison, supporting client research and managing the scheduling, coordination and implementation of multiple projects. Her background in broadcast media production and business management enhances the critical support for client services aimed at achieving reputational goals.

Andria’s background and experience as a network television technician and editor for ABC and CBS included work on the Republican and Democratic national conventions, the Superbowl, Olympic Games, the CBS Evening News, the Detroit Grand Prix, NFL Football and NCAA Basketball to name a few. In addition, Lykogiannis owned and operated a successful franchise restaurant and catering business.

Andria Lykogiannis

Andria Lykogiannis

alykogiannis@kesslerpr.com

Andria Lykogiannis serves as principal client liaison, supporting client research and managing the scheduling, coordination and implementation of multiple projects. Her background in broadcast media production and business management enhances the critical support for client services aimed at achieving reputational goals.

Andria’s background and experience as a network television technician and editor for ABC and CBS included work on the Republican and Democratic national conventions, the Superbowl, Olympic Games, the CBS Evening News, the Detroit Grand Prix, NFL Football and NCAA Basketball to name a few. In addition, Lykogiannis owned and operated a successful franchise restaurant and catering business.

Brian McDonough Kessler PR

Brian McDonough, Esq.

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Brian utilizes his legal experience to provide strategic crisis communications counsel and litigation support to clients confronted with complex and high-profile matters. He has developed successful communications strategies for corporations; not-for-profits; C-suite executive; professional sports teams, and educational institutions, and has drafted crisis communications plans for large hospital networks and universities.

Brian practiced law before joining Kessler PR Group. He has defended insurers and corporations in employment and mass tort cases, as well law firms and hospitals in legal and medical malpractice actions. Brian’s legal background, robust research skills, and strong writing underpin Kessler’s work on behalf of clients who seek to establish themselves as industry thought leaders or transform and enhance their public image.

Brian earned his JD at Seton Hall University School of Law and his BA in Law & Policy at Dickinson College.

Brian McDonough, Esq

Brian McDonough, Esq.

bmcdonough@kesslerpr.com

Brian utilizes his legal experience to provide strategic crisis communications counsel and litigation support to clients confronted with complex and high-profile matters. He has developed successful communications strategies for corporations; not-for-profits; C-suite executive; professional sports teams, and educational institutions, and has drafted crisis communications plans for large hospital networks and universities.

Brian practiced law before joining Kessler PR Group. He has defended insurers and corporations in employment and mass tort cases, as well law firms and hospitals in legal and medical malpractice actions. Brian’s legal background, robust research skills, and strong writing underpin Kessler’s work on behalf of clients who seek to establish themselves as industry thought leaders or transform and enhance their public image.

Brian earned his JD at Seton Hall University School of Law and his BA in Law & Policy at Dickinson College.

Allison Perrine

Allison Perrine

aperrine@kesslerpr.com

Allison leverages her background in journalism to help guide clients through diverse media-related challenges. She crafts impactful statements and speeches for organizational leaders in crisis and provides media training to help clients mitigate reputational risks.

In addition to these services, Allison designs graphics and websites for clients as needed while offering strategic social media advice to enhance brand awareness. She has also spearheaded public relations campaigns for numerous New Jersey-based nonprofits and businesses.

Before joining Kessler PR Group, Allison was a senior reporter for a Monmouth County newspaper. In this role, she built strong relationships with community and political leaders and produced compelling, balanced articles, always respecting confidentiality.

Allison holds a BA in Communications from Monmouth University.

Allison Perrine

Allison Perrine

aperrine@kesslerpr.com

Allison leverages her background in journalism to help guide clients through diverse media-related challenges. She crafts impactful statements and speeches for organizational leaders in crisis and provides media training to help clients mitigate reputational risks.

In addition to these services, Allison designs graphics and websites for clients as needed while offering strategic social media advice to enhance brand awareness. She has also spearheaded public relations campaigns for numerous New Jersey-based nonprofits and businesses.

Before joining Kessler PR Group, Allison was a senior reporter for a Monmouth County newspaper. In this role, she built strong relationships with community and political leaders and produced compelling, balanced articles, always respecting confidentiality.

Allison holds a BA in Communications from Monmouth University.