Regulation of Public Relations

JOUR3060 Communication Law & Regulation

PUBLIC RELATIONS Public Policy Regulations fall under four

categories:

1) Constitutional Law:2) Administrative Law:3) Tort Law:4) Contract Law:

Public Relations and Constitutional Law Constitutional Law: Corporate Speech,

Campaigning, etc.

Buckley v. Valeo (1976) Corporate Campaign Expenditures

First National Bank v. Bellotti (1978) Corporate Political Expression

Citizens United v. Federal Election Commission (2010) Corporation Free Speech concerning political campaign contributions

Citizens United v. Federal Election Commission (2010)

Public Relations and Administrative Law Securities and Exchange Commission

(SEC) Misappropriation Theory U.S. v. O’Hagan (1997)

Food & Drug Administration (FDA)

Federal Trade Commission (FTC) Deception Test: Puffery is NOT deception, unless:

1) 2) 3) Unfair Business Practices:

1) 2) OR 3)

Tort Law – An Introduction Purpose: to fairly compensate individuals for

losses which have been caused by the actions of others

Elements of Tort Law: 1. Conduct 2. State of Mind 3. Detrimental Legal Effect 4. Damages

Public Relations and Tort Law1. Interference with Contract or Prospective

AdvantageA. Existing relationshipB. Future relationship

2. Unfair Competition Associated Press vs. International News Service (1918)

3. Duty to Warn / Failure to Disclose

4. Misrepresentation Intentional Negligent

Contract Law – An Introduction Definition: a promise that the law will enforce

Elements of Contract Law:1. Offer2. Consideration3. Legal Detriment4. Mutual Assent

Potential Problems1. Standard forms2. Cannot read before signing3. Unequal bargaining powers

Public Relations and Contract Law1. Ownership or Work and Proposals

Community for Creative Nonviolence v. Reid (1989)

2. Indemnity Clauses- unenforceable if 1) 2) OR 3)

3. Non-compete clauses- ONLY enforceable if 1) 2) 3) 4) AND 5)

4. Confidentiality Agreements Cohen v. Cowles Media (1991)

5. Consent Agreements- Elements: 1) 2) 3) 4) AND 5)

Community for Creative Nonviolence v. Reid (1989)

For next class, Monday 3/24

We will be reviewing for Exam #2: defamation, libel, privacy law, commercial expression, public relations

Please be prepared with any questions!!