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Lewis & Clark Law Review

First Page

109

Abstract

As we emerge from the worst of the COVID-19 pandemic, Americans are still reeling from the loss of life, the financial fallout, and the deep divide that continues to characterize our social and political institutions. Public health experts who were tasked with communicating facts and advice to the American public faced a daunting challenge, particularly because three distinct groups of Americans received messages differently. One group of Americans was receptive to scientific findings and amenable to taking recommended precautions. A second group was skeptical about the safety and efficacy of available vaccines, and genuinely confused or suspicious about the source of public health recommendations. A third group can be characterized as hostile to masking and vaccines, and militantly opposed to restrictions on personal choice around measures designed to protect the public. In the wake of the pandemic, we have a clearer picture of missed opportunities for clear and persuasive communication that could have prevented confusion and reactance and may have saved lives. Data from psychological research suggests that strategic communication planning could improve understanding, promote healthy practices, lessen resistance to common-sense public health measures, and promote positive attitudes about precautions. This Article argues that COVID-19 presents a unique opportunity to conduct a post-mortem for purposes of planning for future public health crises. Specifically, we should design a multipronged approach to counteract biases stemming from cultural values, emotion, risk aversion, polarization, and reactance using understanding from behavioral research. Cognitive heuristics and biases can be harnessed to design targeted communication that clarifies choices and frames decisions to optimize behavior. Ultimately, our goal should be to use a data-driven approach to developing maximally effective public health communication to reach and teach all American citizens.

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