ADPR5910 Take Home Exam

ADPR5910 Take Home Exam - Jessica Wu ADPR5910 Reber Exam 3...

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Jessica Wu ADPR5910 Reber Exam 3 1) A. Corporate speech involves both political and social aspects and therefore has stronger protection by 1 st Amendment. On the other hand, commercial speech is the promotion of a product or service. Corporate speech is meant to promote “the corporation’s views or position on a matter of public importance” (Gower, 2008). For corporate speech, the government can regulate time, place and manner, but not content. The government cannot force a corporation to distribute disagreeable message and general funds of a corporation cannot be used to promote political candidates, but this excludes Political Action Committees (PACs). Commercial Speech has less 1 st Amendment protection and can be tested with four specific questions: Is it worth of 1 st Amendment protection? Does the government have a substantial interest in its regulation? Does the regulation directly advance the government’s interests? Is the regulation no broader than necessary? An example would be the case Kasky vs. Nike, Inc. Nike responded to accusations of sweatshops by buying ads to show their attitude against the use of sweatshops. Nike claims it was corporate speech because it addressed the issue of human rights. Kasky states that the ads were commercial speech because it was an attempt to regain favor with customers. The California Supreme Court supported Kasky and Nike settled. (Gower, 2008). B. Securities and Exchange Commission is the federal agency that regulates publicly traded companies to ensure level playing fields for investors. In order to ensure the level playing field, the agency requires truthful, complete, timely disclosure. The timely disclosure refers to material facts, and facts are considered material if it is likely to affect investing decision. Additionally, the agency requires specific elements in annual reports which must be written in “plain English” (Gower, 2008). Public Relations agencies cannot hide from the SEC behind their clients’ requests and the SEC retains the right to perform a “reasonable investigation.”
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According to the SEC official website, its mission is “to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation.” Since the SEC tries to makes sure that all investors have access to certain basic facts about an investment prior to buying it, this affects Public Relations agencies as well. C. Copyright protects the expression of ideas as well as rights to reproduce, prepare derivative works, distribute, perform and display (Gower, 2008). The duration of time which the copyright provides protection for the author is the lifetime of the author plus 70 years. In order to obtain a copyright, the material must be original and fixed. According to, Copyright is “a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression.” Also, copyright can be used to protect both published and unpublished
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This note was uploaded on 09/07/2011 for the course ADPR 5910 taught by Professor Reber during the Fall '10 term at UGA.

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ADPR5910 Take Home Exam - Jessica Wu ADPR5910 Reber Exam 3...

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