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Exam 2 guide - L POINT EGAL ISSUES I N PUBLIC...

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POINT LEGAL ISSUES IN PUBLIC RELATIONS : -WHAT ARE “LAWS”? rules for proper conduct established by some authority enforced by penalty often proscriptive- tells you what you can’t do; (prescriptive tells you what you have to do) study of moral reasoning, choices moral philosophy -LAWS AND REGULATIONS laws that are made by legislative bodies regulations made by ___ bodies Types of laws: o Constitutions (federal, state) o Statues (often criminal) o Common [based on court decisions; precedents] or case (often civil) o Administrative regulations [SCC has many regulations] Levels of US laws: o Federal (apply to all 50 states) o State (apply within the states) o Local (counties/cities/towns)
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Federal Administrative Agencies (you have to worry about in PR) o Securities and Exchange Commission dealt with mostly in the corporate world Publically traded company: enforces certain regulations o Federal Trade Commission regulates parts of interstate commerce o Food and Drug Administration looks at what you say in advertising and relations with the public o Federal Communication Commission Primary job: issues licenses for people using the airwaves gets involved in looking at standards of conduct with broadcasters ex) wardrobe malfunction at the Super Bowl Concerned about video news releases; a public relations tool issued by a PR office/ firm on behalf of a client o Federal Election Commission makes rules about campaigning o Equal Employment Opportunity Commission normally deals with human resources people PR practitioners need to be concerned about violating privacy, etc o US Postal Service PR people mail things domestic mail manual- how to mail things (PR office has to deal with)
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State agencies o Attorney general (consumer protection) o Secretary of states (corporate filings) o public utility commission o trade commission o public health department if you’re dealing with any medical, hospital, public school system: where you have responsibility for public health o licensing agencies (certain industries) PR legal considerations o Corporate speech **Deals with issues/policies/statements in public interest has 1 st amendment protection; allowance to make a statement Not be prevented Example: Some issue of concern to people (social issues) about something in politics or community concern o Commercial speech (4-part test) deals with a transaction for profit; not protected by the first amendment example: something about selling tennis shoes **PROMOTIONAL KNOW THE DIFFERENCE BETWEEN THESE TWO Casky vs. nike 2002 case
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o They accuse them of sweatshop practices against Nike then Nike defended themselves, but they promoted themselves while they were defending themselves so it was considered commercial speech o insider information o Defamation : holding someone up to public ridicule making them look bad Ex) in a news release “Dr. John is a Quack and is responsible for the death of
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