Chap 6: Legal Considerations Flashcards
Which branches of government make law?
executive and legislative branches make law,
the judicial branch _______ law to ensure that it complies with existing statutes and ultimately the U. S. Constitution.
interprets
who makes federal laws?
the president and the Congress, along with regulations produced by federal government agencies
who makes states laws
governors, legislatures, and administrative agencies in each of the 50 states.
What is the fundamental source of law in the US?
the Constitution
legal foundation for U. S. public relations practice lies in what document?
the First Amendment
What two principles of the First Amendment effect PR?
protection of freedom of speech and freedom of press
The FCC was created by the ______ _____ of ____, which gave the agency the power to make and enforce programming policies for broadcasting and to issue, renew, or deny licenses to individual station operators.
the Communications Act of 1934
An early challenge to the FCC’s power to regulate program content, on the grounds that this violated the First Amendment, what was the U.S. Supreme Courts ruling on this issue
rejected by the U. S. Supreme Court, which ruled, “. . . the right of free speech does not include . . . the right to use the facilities of radio without a license.”
What was the outcome of 1997 Supreme Court decision Reno v. American Civil Liberties Union
made clear that speech on the Internet was fully protected by the First Amendment
What case did Reno v. American Civil Liberties Union overturn? What happened in this case?
the Communications Decency Act ( CDA) of 1996 > Congress tried to regulate indecency on the Internet by forbidding the operation of certain websites.
Explain the Children’s Internet Protection Act ( CIPA) of 2000
requires public schools and librar-ies that receive some federal money for Internet use to install “ technology prevention measures,” meaning filters, on computers used by those aged 17 or younger to block material that is consid-ered to be obscene, child pornography, or “ harmful to minors.”
Who are the heaviest users of open access laws?
businesses (1/2 of all users)
journalists make up about _____ of open access law users?
1/4
Explain The federal Freedom of Information Act ( FOIA) of 1966
was a bipartisan effort in the U. S. Congress to promote full disclosure from the executive branch of government.
What departments does FOIA apply to?
It applies to “ any executive department, military department, government corporation, government- controlled corporation or other establishment in the executive branch of the federal government . . . , or any independent regulatory agency.”
The act applies only to _____, meaning ______ items of information such as documents, but not to _______ _______.
records, tangible, intangible information,
Under FOIA agency employees are required to answer any questions… t/f?
f) agency employees are not required to answer any questions.
What impact did The 1996 Electronic Freedom of Information Act have on FOIA
added access to digital information ( e. g., computer databases) held by those federal government agencies subject to the FOIA.
case Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council formed the basis of the modern practice of ______.
advertising
the Supreme Court ruled that the First Amendment protects “political speech” regardless of who (individual or corporation) is speaking in what case?
First National Bank of Boston v. Bellotti
Are corporations and organizations obligated to speak to the public by law?
No
Four major areas of federal legislation limiting corporate speech that are relevant to public relations include…
political elections,
lobbying,
labor organization communication with management,
and securities trading
The Bipartisan Campaign Reform Act of 2002 ( BCRA)— commonly referred to as “ McCain- Feingold”—regulates what?
regulates political election contributions.
a lobbyist is…
someone employed or retained by a client who makes more than one contact on behalf of that client and spends at least 20 percent of her/ his time during a six- month period providing that service to the client.
a lobbying firm is
an entity that has at least one person who was hired to represent someone other than her/ his employer.
a lobbying contact is defined as a…
communication, either oral or written, on behalf of a client to a covered executive or legislative branch official regarding matters of the law or the nomination of anyone subject to Senate confirmation.
All public relations practitioners working for “foreign principals” must register under the _____ _______ ______ ______ , whether or not they lobby U. S. government officials.
Foreign Agents Registration Act of 1938 ( FARA)
Labor relations is a specific type of relations involving communications between ________ and _________.
unions and management
labor relations practitioners must comply with provisions of what acts?
the National Labor Relations Act of 1935 ( Wagner Act) and the Labor Management Relations Act of 1947
(on non-complete clauses) Most contractual noncompete agreements apparently fail to meet one or more of three tests. What are they?
1, they must be no broader than necessary to protect the legitimate business interests of the employer without placing undue restriction on an employee’s ability to earn a living.
2, they must be supported by some monetary consideration
3, they must protect only the employer’s legitimate business interests
When companies have shares that are publicly traded on the stock market, they are considered to be _____ _______ companies.
publicly owned
People who own shares in a company are called _______.
investors
What’s the importance of the Securities Act of 1933 and the Securities Exchange Act of 1934?
Public relations specialists whose work involves communication by publicly owned companies must comply with these acts
What is the role of the federal Securities and Exchange Commission ( SEC)?
to enforce the newly passed securities laws, to promote stability in the markets, and most important of all, to protect investors.
What does the The Securities and Exchange Commission Act of 1934, do?
regulates trading of securities after their initial distribution, requires periodic report-ing about a company
The Private Securities Litigation Reform Act of 1995 made several reforms what two acts? How?
to the Securities Act of 1933 and the Securities Exchange Act of 1934
restricting such abusive litigation practices
Where can legal protection of intellectual property be found?
The Constitution
Formal registration is necessary for a copyright owner to do what?
bring suit for infringement
T/F formal registration of copyrighted material can be made after an infringement has occurred.
True
The copyright notice must have three elements. What are they?
(1) the word “Copyright,” or the abbreviation “Copr.,” or the copyright symbol ©
(2) the year of first publication
(3) the name of the copyright owner.
What is a trademark?
words, names, and symbols used by companies to identify and distinguish their goods or services from those of another.
A service mark differs from a trademark only in that it identifies….?
a source of services, rather than a source of goods
What does a trademark get if they recover treble damage? (2 possible outcomes) (3 total possible fees)
This means the persons who infringed the trademark must pay the owner three times the infringer’s profits OR three times any damages sustained by the legal owner, whichever is greater, plus reasonable attorney’s fees to cover the costs of the trademark action
Define privacy
individuals right to be left alone
who has the burden of proof in a libel case?
The plaintiff
what case determined the US Supreme courts decision for determining libel
NYT v. Sullivan
There are five or six standards of proof for a libel case, depending on who the plaintiffs are. What are they?
1) Defamation.
2) Identification.
3) Publication.
4) Fault.
»_space;Actual Malice.
»_space; Negligence.
5) Falsity.
6) Damages.
In relation to libel, explain defamation
This is defined as a communication … that injures another’s reputation or good name. I
In relation to libel, explain identification
Plaintiffs must prove that the defamatory language is “of or concerning” them.
In relation to libel, explain publication
The defamatory language was witnessed by a third party besides the plaintiff and the defendant.
In relation to libel, explain actual malice
This means the defamatory statement was made with knowledge that it was false or with “ reckless disregard” to its truthfulness.
In relation to libel, explain falsity
The defamatory language is untrue. This standard generally only applies to public officials and public figures.
In relation to libel, explain damages
The defamatory language hurt the plaintiff. Compensatory damages are actual financial harms suffered by the plaintiff.
What are the two types of “fault” involved in libel
actual malice and negligence
In relation to libel, explain negligence (example included)
This means the defamatory statement was made because the defendant failed to act as a “reasonable person” would have in similar circumstances. Examples include the failure to verify statements or to check court records. This lower burden of proof is generally for private figures.
What are punitive damages?
monetary awards to the plaintiff for non-financial harms, such as emotional distress
Plaintiffs that seek punitive damages must prove ______ ______, regardless of whether they are private or public individuals.
actual malice
What are three defenses of libel
truth, fair comment, privilege
Define: Appropriation-
usage without permission— of the plaintiff’s name or likeness for the advantage of the defendant.
