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WSU COMSTRAT 312 - Privacy, Libel, and Slander

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Comstrat 312 1nd Edition Lecture 12 Outline of Last Lecture 1. PR and the law2. First amendment and corporation speech 3. Mass Media4. Access to government info and meetings5. Libel and SlanderOutline of Current Lecture 1. Libel and slander requirements2. Privacy 3. Copyright act of 19764. Trademarks/service marksCurrent Lecture1. Libel and slander requirementsa. Public official/figurei. Public official1. Government employees with substantial responsibilitya. Typically any elected government official ii. Public figure1. Invite or seek attention b. Additional burden of proof: malicei. Knowing falsehoodii. Reckless disregard for the truth c. Defensesi. Truthii. Privilege1. Fair/accurate account of government proceedings/documentsThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.iii. Opinion defenses1. Fair commentiv. Media lawyers also may seek dismissal via summary judgment or statute of limitations 2. Privacya. Primary constitutional sourcesi. First amendment1. Protects right of free assemblyii. Fourth amendment1. Requires due process and protects against unreasonable search and seizure iii. Fourteenth amendment1. Protects against deprivation of citizens’ life, liberty or property without due process of law and serves as primary basis for bill of rights b. Four torts (legal wrong)i. Appropriation1. No commercial use of name or picture without consentii. Public disclosure of private facts1. Facts true, reputation not necessarily damagediii. Intrusion1. Invading solitude or seclusioniv. False light1. Person is made to appear other than they actually are c. Media defenses are complicatedi. Courts allow publication of some private information and also protect publication of newsworthy informationd. Use waiver form (consent form) for protection in some instances 3. Copyright act of 1976a. Includes rights of reproduction, distribution, adaptation, performance, royalties, displayi. Must assume, even if no marked1. Limited legal rightsii. Owner (author) has exclusive right to reproduce, distribute and use iii. Limited, fair use of copyrighted works is not an infringementiv. In PR, works made for hire belong to employer1. Take place during regular course of employment4. Trademarks/service marksa. Lanham act of 1946i. Word, name, or symbol used to identify goodsii. Created through use of the mark on goods in tradeiii. Infringement occurs when someone other than the owner uses mark on similar or related goods in


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WSU COMSTRAT 312 - Privacy, Libel, and Slander

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