copyright © allyn & bacon 2003 public relations and the law chapter 15 public relations: a...

Copyright © Allyn & Bacon 2003

Public Relations and the Law

Chapter 15

Public Relations:

A Values-Driven Approach

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The First Amendment

The legal framework for the nation’s social, political, and commercial discourse.

Often comes into conflict with other guaranteed rights and social interests.

Public relations is on the cutting edge of the evolution of free expression.


Political v. Commercial Speech

Political speech —Expression associated with the normal

conduct of a democracy.The courts are reluctant to regulate it.

Commercial speech —Expression intended to generate

marketplace transactions.The courts regulate it in the public interest.


Public Relations as Speech

Public relations can be considered either political or commercial speech.

It depends upon the public being targeted, the purpose of the message, and the Supreme Court’s interpretation.

Public relations practitioners need to understand the legal limitations on both political and commercial speech.


The Key: Know Your Business

Many organizations operate under specific laws regulating the handling of information depending on legal status.

Public agencies operate in the “sunshine.”

Non-government agencies enjoyed a higher degree of privacy—but may still face certain disclosure obligations.


The Federal TradeCommission (FTC)

Established in 1913 to ensure a fair marketplace.

Generates most federal regulation of advertising and product-related publicity.

Targets false and misleading advertising and publicity.


The Securities and Exchange Commission (SEC)

Created in 1934 to ensure fairness in the nation’s financial markets.

Disclosure—a belief that all publicly held companies have an obligation to disclose important investor information.

Insider trading—market transactions based on information not available to the public.


The Federal Communications Commission (FCC)

Created in 1934 to bring order to the nation’s broadcast airwaves.

Equal opportunity provision—provides equal access to broadcast media for qualified candidates.

Personal attack rule—obliges stations to offer “reasonable” opportunity to respond to character attacks.


The Food and DrugAdministration (FDA)

Created to protect, promote, and enhance the health of the American people.

Sets communication rules for products or services regulated by the agency.

A major focus is the labeling and promotion of prescription drugs.

A recent focus has been getting accurate information to the public.


Libel

A false communication that wrongfully injures the reputation of others.


Pre-1964 Burdens of Proofin Libel

DefamationPublicationIdentificationDamageFault


The New York Times v. Sullivan

As a result of this and subsequent rulings, public officials and public figures face a higher burden of proof in libel cases.

That higher burden is actual malice, defined as “knowing falsehood or reckless disregard for the truth.”


Other Forms of Libel

Common law libel—rules and principles that originate from judicial decisions.

Food disparagement—aka veggie libel laws that are designed to protect local industries from unfair media coverage.


The Right to Privacy

Although not specifically mentioned in the Constitution, it has evolved through the years.

Defined as “the right to be left alone; the right of a person to be free from unwarranted publicity.”


The Four Torts of Privacy

IntrusionFalse lightPublication of private factsAppropriation


Copyright ©

Specifically mentioned in the Constitution.

Protects intellectual property, defined as original works of authorship that are fixed in a tangible form of expression.


Copyright Guidelines

Copyright protection exists from the moment a work is created in a fixed, tangible form.

Copyrights do not protect work that have not been fixed in a tangible form.

Work prepared within the scope of employment is considered work for hire and is the property of the employer.


Copyright Guidelines

Copyright owners can grant limited use while retaining ownership.

Copyrights do not protect ideas, methods, systems, processes, concepts, principles, and discoveries.

Copyright protections extend to the Internet.

Public documents may not be copyrighted.


Use of Copyrighted Materials

Fair use—The use of copyrighted material without the owner’s permission for generally non-commercial purposes.

To assert copyright protection, the work in question should bear a copyright notice.


Digital MillenniumCopyright Act

Adopted in 1998, it establishes rules for downloading, sharing and viewing copyrighted material on the Internet.

DMCA also makes it illegal to circumvent antipiracy measures.

DMCA makes certain exemptions to copy and share material for education and noncommercial use.


Litigation Public Relations (LPR)

The use of mass communication techniques to influence events surrounding legal cases.

Brings into conflict First Amendment rights to free speech and free press ...

…and Sixth Amendment rights to fair and open trials.


Different Views on LPR

Some think it is wrong for lawyers to try their clients’ cases in the media.

Others argue it is necessary to balance the scales of justice.

Rules governing pretrial publicity are evolving and hard to enforce.


The Use of LPR Tactics

Survey: While most attorneys do not use LPR, a majority favor its use.

LPR practitioners work for the attorney, not the client.

Lawyers have legal immunity. Practitioners do not.


The Pros and Cons of LPR

PRO: People and companies have a right to defend themselves in the court of public opinion.

CON: Events outside the courtroom should not influence those inside the courtroom.

copyright © allyn & bacon 2003 public relations and the law chapter 15 public relations: a...

Documents

copyright allyn bacon

speech public relations

copyright law

public agencies

public performance

public relations practitioners

commercial speech expression

commercial discourse