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 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

Citizens United v. Federal Election Commission (2010)

Public Relations and Administrative Law Securities and Exchange Commission (SEC) Misappropriation Theory U.S. v. OHagan (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)

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

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

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

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)

Community for Creative Nonviolence v. Reid (1989)

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!!