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Regulation of Public Relations

Regulation of Public Relations. JOUR3060 Communication Law & Regulation. PUBLIC RELATIONS. Public Policy Regulations fall under four categories: 1) Constitutional Law : 2) Administrative Law : 3) Tort Law : 4) Contract Law :. Public Relations and Constitutional Law.

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Regulation of Public Relations

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  1. Regulation of Public Relations JOUR3060 Communication Law & Regulation

  2. PUBLIC RELATIONS • Public Policy Regulations fall under four categories: 1) Constitutional Law: 2) Administrative Law: 3) Tort Law: 4) Contract Law:

  3. Public Relations and Constitutional Law • Constitutional Law: Corporate Speech, Campaigning, etc. • Buckley v. Valeo (1976) Corporate Campaign Expenditures • First National Bank v. Bellotti (1978) Corporate Political Expression • Citizens United v. Federal Election Commission (2010) Corporation Free Speech concerning political campaign contributions

  4. Citizens United v. Federal Election Commission (2010)

  5. Public Relations and Administrative Law • Securities and Exchange Commission (SEC) • Misappropriation Theory • U.S. v. O’Hagan (1997) • Food & Drug Administration (FDA) • Federal Trade Commission (FTC) • Deception Test: Puffery is NOT deception, unless: • 1) 2) 3) • Unfair Business Practices: • 1) 2) OR 3)

  6. Tort Law – An Introduction • Purpose: to fairly compensate individuals for losses which have been caused by the actions of others • Elements of Tort Law: • 1. Conduct • 2. State of Mind • 3. Detrimental Legal Effect • 4. Damages

  7. Public Relations and Tort Law 1. Interference with Contract or Prospective Advantage A. Existing relationship B. Future relationship 2. Unfair Competition • Associated Press vs. International News Service (1918) 3. Duty to Warn / Failure to Disclose 4. Misrepresentation • Intentional • Negligent

  8. Contract Law – An Introduction • Definition: a promise that the law will enforce • Elements of Contract Law: 1. Offer 2. Consideration 3. Legal Detriment 4. Mutual Assent • Potential Problems 1. Standard forms 2. Cannot read before signing 3. Unequal bargaining powers

  9. Public Relations and Contract Law 1. Ownership or Work and Proposals • Community for Creative Nonviolence v. Reid (1989) 2. Indemnity Clauses - unenforceable if 1) 2) OR 3) 3. Non-compete clauses - ONLY enforceable if 1) 2) 3) 4) AND 5) 4. Confidentiality Agreements • Cohen v. Cowles Media (1991) 5. Consent Agreements - Elements: 1) 2) 3) 4) AND 5)

  10. Community for Creative Nonviolence v. Reid (1989)

  11. For next class, Monday 3/24 • We will be reviewing for Exam #2: defamation, libel, privacy law, commercial expression, public relations • Please be prepared with any questions!!

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