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Public Relations Law - Public Relations Law Schenck v...

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Unformatted text preview: Public Relations Law Schenck v. United States--Clear and First Amendment Considerations Present Danger Test Gitlow v. New York--Due Process Near v. Minnesota--changed the Clear and Present Danger Test Obscenity Incitement to violence Threat to national security during times of war Investor Relations Rule 10b5 of Securities and Exchange Act No dissemination of false or misleading information to investors Prohibits insider trading of securities based on material not disclosed to the public Defamation of Character Tort: any civil wrong other than a breach of contract Libel: defamatory and untrue Slander: generally spoken defamation Elements of Libel Publication Identification Real defamation Personal reputation Professional reputation Social contact Elements of Libel Unprivileged occasion Actual malice Absolute privilege: privilege of the participant Qualified privilege: privilege of the reporter Knowledge of falsity Reckless disregard for the truth Libel Damages Actual Compensatory Punitive Defenses against Libel Truth Fair comment and criticism Invasion of Privacy Intrusion on a plaintiff's physical solitude Publication of private matters violating ordinary decency Putting someone in a false light in the public eye Appropriation of some element of an individual's personality for commercial use without permission Copyright Lasts for life of the author plus 70 years under the new act of 1976 Lasts for 75 years if copyrighted before 1976 Starts when work is in fixed form Poor man's copyright Not Eligible for Copyright Titles Short slogans Works from public documents Speeches and performances not in fixed form Works in the public domain Ideas Special Requirements for Broadcasters First Amendment considerations Tornillo v. Miami Herald Section 315 of the Communications Act of 1996 Equal opportunity clause: appearance of a legally qualified candidate No power of censorship Meets qualifications for the office Eligible to be voted for Lowest unit charge for amount and class of time Appearance Exclusions Bona fide newscast Bona fide news interview Bona fide news documentary IF appearance is incidental to the subject of the documentary Onthespot coverage of a bona fide news event, including but not limited to political conventions ...
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