Chap 6: Legal Considerations

Question 1

Which branches of government make law?

Answer 1

executive and legislative branches make law,

Question 2

the judicial branch _______ law to ensure that it complies with existing statutes and ultimately the U. S. Constitution.

Answer 2

interprets

Question 3

who makes federal laws?

Answer 3

the president and the Congress, along with regulations produced by federal government agencies

Question 4

who makes states laws

Answer 4

governors, legislatures, and administrative agencies in each of the 50 states.

Question 5

What is the fundamental source of law in the US?

Answer 5

the Constitution

Question 6

legal foundation for U. S. public relations practice lies in what document?

Answer 6

the First Amendment

Question 7

What two principles of the First Amendment effect PR?

Answer 7

protection of freedom of speech and freedom of press

Question 8

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.

Answer 8

the Communications Act of 1934

Question 9

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

Answer 9

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.”

Question 10

What was the outcome of 1997 Supreme Court decision Reno v. American Civil Liberties Union

Answer 10

made clear that speech on the Internet was fully protected by the First Amendment

Question 11

What case did Reno v. American Civil Liberties Union overturn? What happened in this case?

Answer 11

the Communications Decency Act ( CDA) of 1996 > Congress tried to regulate indecency on the Internet by forbidding the operation of certain websites.

Question 12

Explain the Children’s Internet Protection Act ( CIPA) of 2000

Answer 12

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.”

Question 13

Who are the heaviest users of open access laws?

Answer 13

businesses (1/2 of all users)

Question 14

journalists make up about _____ of open access law users?

Answer 14

1/4

Question 15

Explain The federal Freedom of Information Act ( FOIA) of 1966

Answer 15

was a bipartisan effort in the U. S. Congress to promote full disclosure from the executive branch of government.

Question 16

What departments does FOIA apply to?

Answer 16

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.”

Question 17

The act applies only to _____, meaning ______ items of information such as documents, but not to _______ _______.

Answer 17

records, tangible, intangible information,

Question 18

Under FOIA agency employees are required to answer any questions… t/f?

Answer 18

f) agency employees are not required to answer any questions.

Question 19

What impact did The 1996 Electronic Freedom of Information Act have on FOIA

Answer 19

added access to digital information ( e. g., computer databases) held by those federal government agencies subject to the FOIA.

Question 20

case Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council formed the basis of the modern practice of ______.

Answer 20

advertising

Question 21

the Supreme Court ruled that the First Amendment protects “political speech” regardless of who (individual or corporation) is speaking in what case?

Answer 21

First National Bank of Boston v. Bellotti

Question 22

Are corporations and organizations obligated to speak to the public by law?

Answer 22

No

Question 23

Four major areas of federal legislation limiting corporate speech that are relevant to public relations include…

Answer 23

political elections,
lobbying,
labor organization communication with management,
and securities trading

Question 24

The Bipartisan Campaign Reform Act of 2002 ( BCRA)— commonly referred to as “ McCain- Feingold”—regulates what?

Answer 24

regulates political election contributions.

Question 25

a lobbyist is…

Answer 25

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.

Question 26

a lobbying firm is

Answer 26

an entity that has at least one person who was hired to represent someone other than her/ his employer.

Question 27

a lobbying contact is defined as a…

Answer 27

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.

Question 28

All public relations practitioners working for “foreign principals” must register under the _____ _______ ______ ______ , whether or not they lobby U. S. government officials.

Answer 28

Foreign Agents Registration Act of 1938 ( FARA)

Question 29

Labor relations is a specific type of relations involving communications between ________ and _________.

Answer 29

unions and management

Question 30

labor relations practitioners must comply with provisions of what acts?

Answer 30

the National Labor Relations Act of 1935 ( Wagner Act) and the Labor Management Relations Act of 1947

Question 31

(on non-complete clauses) Most contractual noncompete agreements apparently fail to meet one or more of three tests. What are they?

Answer 31

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

Question 32

When companies have shares that are publicly traded on the stock market, they are considered to be _____ _______ companies.

Answer 32

publicly owned

Question 33

People who own shares in a company are called _______.

Answer 33

investors

Question 34

What’s the importance of the Securities Act of 1933 and the Securities Exchange Act of 1934?

Answer 34

Public relations specialists whose work involves communication by publicly owned companies must comply with these acts

Question 35

What is the role of the federal Securities and Exchange Commission ( SEC)?

Answer 35

to enforce the newly passed securities laws, to promote stability in the markets, and most important of all, to protect investors.

Question 36

What does the The Securities and Exchange Commission Act of 1934, do?

Answer 36

regulates trading of securities after their initial distribution, requires periodic report-ing about a company

Question 37

The Private Securities Litigation Reform Act of 1995 made several reforms what two acts? How?

Answer 37

to the Securities Act of 1933 and the Securities Exchange Act of 1934

restricting such abusive litigation practices

Question 38

Where can legal protection of intellectual property be found?

Answer 38

The Constitution

Question 39

Formal registration is necessary for a copyright owner to do what?

Answer 39

bring suit for infringement

Question 40

T/F formal registration of copyrighted material can be made after an infringement has occurred.

Answer 40

True

Question 41

The copyright notice must have three elements. What are they?

Answer 41

(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.

Question 42

What is a trademark?

Answer 42

words, names, and symbols used by companies to identify and distinguish their goods or services from those of another.

Question 43

A service mark differs from a trademark only in that it identifies….?

Answer 43

a source of services, rather than a source of goods

Question 44

What does a trademark get if they recover treble damage? (2 possible outcomes) (3 total possible fees)

Answer 44

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

Question 45

Define privacy

Answer 45

individuals right to be left alone

Question 46

who has the burden of proof in a libel case?

Answer 46

The plaintiff

Question 47

what case determined the US Supreme courts decision for determining libel

Answer 47

NYT v. Sullivan

Question 48

There are five or six standards of proof for a libel case, depending on who the plaintiffs are. What are they?

Answer 48

1) Defamation.
2) Identification.
3) Publication.
4) Fault.
&raquo_space;Actual Malice.
&raquo_space; Negligence.
5) Falsity.
6) Damages.

Question 49

In relation to libel, explain defamation

Answer 49

This is defined as a communication … that injures another’s reputation or good name. I

Question 50

In relation to libel, explain identification

Answer 50

Plaintiffs must prove that the defamatory language is “of or concerning” them.

Question 51

In relation to libel, explain publication

Answer 51

The defamatory language was witnessed by a third party besides the plaintiff and the defendant.

Question 52

In relation to libel, explain actual malice

Answer 52

This means the defamatory statement was made with knowledge that it was false or with “ reckless disregard” to its truthfulness.

Question 53

In relation to libel, explain falsity

Answer 53

The defamatory language is untrue. This standard generally only applies to public officials and public figures.

Question 54

In relation to libel, explain damages

Answer 54

The defamatory language hurt the plaintiff. Compensatory damages are actual financial harms suffered by the plaintiff.

Question 55

What are the two types of “fault” involved in libel

Answer 55

actual malice and negligence

Question 56

In relation to libel, explain negligence (example included)

Answer 56

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.

Question 57

What are punitive damages?

Answer 57

monetary awards to the plaintiff for non-financial harms, such as emotional distress

Question 58

Plaintiffs that seek punitive damages must prove ______ ______, regardless of whether they are private or public individuals.

Answer 58

actual malice

Question 59

What are three defenses of libel

Answer 59

truth, fair comment, privilege

Question 60

Define: Appropriation-

Answer 60

usage without permission— of the plaintiff’s name or likeness for the advantage of the defendant.