Visual Rulemaking

Abstract

Visual politics are seeping into the technocracy. Rulemaking stakeholders — including agencies, the President, and members of the public — are deploying politically tinged visuals to push their agendas at every stage of high-stakes, often virulently controversial, rulemakings. These images, GIFs, and videos usually do not make it into the official rulemaking record, so this new “visual rulemaking” world has not been discussed much by scholars or others. In this article, we explore the new visual rulemaking culture that emerged in Obama’s presidency, providing examples and discussing relevant policy implications. Although we recognize some risks, we argue that, on balance, visual rulemaking is a good thing because it can further transparency, accountability, and participation. Our article is adapted from a much longer one, Visual Rulemaking, 91 N.Y.U. L. Rev. 1183-1278 (2016), https://ssrn.com/abstract=2799334.

Keywords: multimedia, visual media, video, social media, neuroscience, cognitive psychology, brain, administrative law, lobbying, government information, advocacy, regulation