Week 7 - StOC2552 Donnalyn Pompper, Ph.D., APR Week 7 Legal...

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Unformatted text preview: StOC2552 Donnalyn Pompper, Ph.D., APR Week 7 Legal Considerations Overview Overview • • • • • • • • What is law? First Amendment PR and media access Freedom of Information Act (FOIA) (1966) (FOIA) Freedom Lobbying Regulation of publicly-traded corporations Defamation Copyright, fair use, work for hire What is law? What • System of rules that governs a particular society. • In the U.S., legislative and executive branches make law and the judicial branch interprets it. First Amendment First • Protection of freedom of expression from government control (1791) • “Marketplace of ideas” • Political expression (“NYT vs. Sullivan”) • Exceptions: – Hate speech; Fighting Words Doctrine – Fire! in a crowded theater – Defamation – Invasion of privacy PR access to mass media PR • PR people have a symbiotic relationship with journalists. • Print media • Broadcast media • Cable systems • Internet Freedom of Information Act Freedom • 1966; federal mandate to make records available for public scrutiny • Categories of exemptions – – – – – – – – National security Agency rules, procedures Statutory exemptions Confidential business information Agency memoranda Personnel, medical, law enforcement investigations Banking reports Information about oil/gas wells Lobbying Lobbying • Title III, The Federal Regulation of Lobbying Act of 1946 – Must register if primary function is to influence legislation by directly appealing to legislators • Tax-exempt organizations must report lobbying expenditures to IRS • Grassroots lobbying (to sway public opinion) • Lobbying Disclosure Act of 1995 • Counselors for foreign governments must register Regulation of publicly-traded corporations Regulation • Security & Exchange Commission (SEC) Regulates trading of securities • Companies must disclose finances • Investors must have accurate information during trading of securities • Register a security before it can be sold • No insider trading or fraud • Annual report Defamation 1. Libel – Hurts someone’s reputation – Published written information – When its spoken, it’s slander spoken it’s slander – Defenses • • • Truth – burden of proof on plaintiff Privilege – as in government proceedings Fair comment & criticism – those in public limelight limelight 2. Privacy – Right “to be let alone;” truth not a defense • Intrusion on plaintiff’s solitude or seclusion (e.g., phone solicitations during dinner) (e.g., • Public disclosure of plaintiff’s private facts (e.g., newspapers publishing minors in sex crimes, intimate medical information) crimes, • Plaintiff held in false light in public eye (e.g., published photos that create mental anguish, embarrassment) embarrassment) • Appropriation of plaintiff’s name, likeness (e.g., advertiser using celebrity photo w/o permission) permission) Copyright, fair use, work for hire Copyright, • Owner “shall have exclusive right” to reproduce, distribute, and use original works of expression fixed in a tangible medium • • • • Copyright Office of Library of Congress Works for hire (e.g., PR practitioner) Fair use (purpose, character, nature, amount, effect) Lanham Act of 1946 protects trademarks Lanham – Tissue (Kleenex), photocopy (Xerox) Work for hire Work • Owner “shall have exclusive right” to reproduce, distribute, and use original works of expression fixed in a tangible medium • • • • Copyright Office of Library of Congress Works for hire (e.g., PR practitioner) Fair use (purpose, character, nature, amount, effect) Lanham Act of 1946 protects trademarks Lanham – Tissue (Kleenex), photocopy (Xerox) Summary Summary • • • • • • • • What is law? First Amendment PR and media access Freedom of Information Act (FOIA) (1966) (FOIA) Freedom Lobbying Regulation of publicly-traded corporations Defamation Copyright, fair use, work for hire ...
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This note was uploaded on 05/05/2009 for the course STOC 2552 taught by Professor Pompper,donalyn during the Spring '09 term at Temple.

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