Introduction to Public RelationsStudy Guide for Exam #2Public Relations LawFirst Amendment Considerations • Schenck v. United States – Clear and Present Danger Test◦ When the nation is at war, any speech that has posed a “clear and present danger” is punishable. • Gitlow V. New York – Due Process◦ Gitlow was responsible for publishing and disseminating group's views. He published a newspaper which advocated the violent overthrow of the U.S. Government. • Near v. Minnesota – Changed the Clear and Present Danger Test◦ J.M. Near published a newspaper that was thought to have racist and hateful speech. He was arrested. Courts ruled in his favor because the newspaper didn't have an immediate danger or harm to anyone. • Speech may be suppressed, IF:◦ It's Obscene ◦ An Incitement to Violence◦ Threat to National Security During time of WarInvestor Relations• Rule 10b-5 of securities and Exchange Act ◦ No dissemination of false or misleading information to investors in order to manipulate information on stock ◦ Prohibits insider trading of securities based on material not disclosed to the public◦ If you work in investor relations you CANNOT buy/sell stocksDefamation Of Character• Libel – In writing, video, ect. Defamatory and untrue• Defamatory – Defaming someone's character• Slander – Generally spoken defamatory • Tort – Any civil wrong other than a breach of contract • Corporations have “character”• Gossip magazines tell lies, but they don't defame• You cannot receive punitive damage for slander◦ UNLESS:▪ You impune the chastity of a female▪ Or if the business lost money and the slander was the cause• In most states, if the spoken remark comes from a prepared text, it is considered libel.• John Twain◦ A printer. He didn't write the book, but got in trouble because he didn't want to say who wrote the book.• Marcus v. Late◦ Late published a tabloid and reported that male clothing designers were homosexuals, the floor models were prostitutes, and the sale girls were call girls. They business sued.3 Types of Laws:• Criminal Laws – Murder is an example• Tort – Civil; anything other than criminal/contract• Contract laws – Agreement/contracts that businesses use with each otherFive Elements of Libel• Publication – Must prove the remark was published• Identification – It has to be easy to identify the person; “Readily Identifiable” • Real Defamation◦ Personal reputation◦ Professional reputation – like job loss◦ Social contract – impeding someone's right to have social contract with others.• Unprivileged Occasion◦ Absolute Privilege – Person a part of a public proceeding▪ (ex. Murder witness; you have protection)◦ Qualified Privilege – Privilege of the reporter. ▪ As long as the story from the reporter is an accurate & fair report, reporter is protected. • Actual Malice ◦ Knowledge of falsity (you knew it was a lie)◦ Reckless disregard for the truth (didn't verify/fact-check)Sheppard v Lanford • He wrote a letter to Mrs. Sheppard, calling her sexual names. He went into details about sexual action. She took it to court. She lost because she had shown her friend the letter. When you receive a letter that defames you, and you publish it, you are then responsible for it.Libel Damages• Actual/Compensatory– Damages that the remark causes to money loss. Compensation for loss, injury, or harm.• Punitive – (non compensatory) It is not meant to compensate the plaintiff, but to punish the offending party. Defenses Against Libel• Truth • Fair comment and criticism ◦ If you put yourself out in the public eye, you are subjected to fair comment and criticismMccarthy • He called people communists in official meetings. He falls under qualified privilege because he was part of a proceeding. He was protected. *If you tell lies and damage reputation, it's defamation*If you tell lies and it doesn't damage reputation, it's not defamationThe Cherry Sisters v Des Moines Leader• The Cherry sisters were performers, and they were so bad, they had to perform behind nets. An article was written about how bad their performance was. They sued & lost. Since they are public people who stand for fair comment and criticism. New York Times Co. v Sullivan• The New York Times had a full page advertisement about the actions against civil right protesters, which involved the police. Public Safety commissioner Sullivan was not named in the ad. He said his character was defamed because of the ad. In order for you to claim libel damages, as a public official, you must prove actual damaged and have to prove the 5 elements of libel.Invasion of Privacy• Intrusion on a plaintiff’s physical solitude• Publication of private matters violating ordinary decency ◦ Ex: publishing a rape victim's name• Cantrell v Forest City Publishing Co. ◦ Putting someone in a false light in the public eye▪ Case of a woman in Ohio. A bridge collapsed and her husband died. A reporter was sent to interview the woman. Photographer took pictures of her children. Her children were dirty. The publication mischaracterized their living situation and said they were very poor. The publication put them in a false light. She sued for invasion of privacy on a theory of false light, courts went in to her favor.• Appropriation of some element in an individual's personality for commercial use without permission ◦ You can't use someone's picture without permission for commercial use. But you can use PUBLIC photos. ◦ A window is considered an extension of a wall.◦ P.I.C.O.N – Public Interest Convenience of Necessity *Privacy is a constitutional rightMapp v. Ohio• Police went to Mrs. Mapp's house and had a warrant to search. They found obscene, pornographic material. They arrested her. She claimed invasion of privacy because she had the right to have the material. She was found guilty for having the pornographic material.Abigail Roberson v. Rochester Folding Box Company• The company used her image on prints, photographs, and bags without knowledge or consent. Roberson sued. The court ruled for Roberson, saying it was an invasion of privacy. She lost. This resulted to privacy statues in New York.Pavesich v. New England Life Insurance Company• A newspaper published something that looked like Pavesich. The insurance company had taken the photo without Pavesich's consent. And it also has
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