978-0205960644 Chapter 12

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CHAPTER 12: PUBLIC RELATIONS AND THE LAW

OBJECTIVES

After reading this chapter students should be able to:

1. Describe what public relations professionals need to know about defamation,

employee and privacy rights, copyright, and trademark laws.

2. Understand the key issues surrounding freedom of speech and public relations.

3. Identify which government agencies regulate the commercial speech used by

public relations professionals.

4. Explain how public relations professionals can work effectively with lawyers.

SUGGESTED PROJECTS AND DISCUSSION

This chapter, although it is about legal concepts, is devoid of legal jargon and extensive

quotes from judicial decisions. Instead, it is a readable, practical approach to what a public

relations person should know to avoid legal pitfalls in his or her daily work. Legal and

regulatory concepts are thoroughly explained through practical examples.

1. Invite a director of employee relations to tell the class about trends in employee

rights and privacy. There also are a number of contemporary issues that may be

a topics for discussion—drug-testing, smoking in the workplace, childcare,

AIDS testing, sexual harassment, lie-detector tests.

2. Have students develop content ideas for an employee newsletter for a local

organization. Make sure to direct students to the guidelines for writing about

employee activities on page 304 in the text. Ask students to include newsworthy

information that does not invade the privacy of employees.

3. Show examples of media accounts (print, broadcast) in which the subject(s)

eventually sued, and won, for libel or slander. Discuss how the media crossed

the line, and ways that the media could have gotten the same message across

with resorting to malicious or negligent reporting.

4. Show an especially “damaging” story by a food or movie/play critic, and

discuss why these writers have the right to use the fair comment defense when

criticizing a restaurant or event.

5. Break the class into two groups and stage a debate. Have one group represent

the right to “share” legitimately purchased material, like music files on the

Internet and the other group represent those publics who would “suffer” from

compromise to resolve the conflict?

6. What is the signature building at your university? Find out, through the

university relations or legal affairs officers, if there is a copyright or trademark

that gives the school exclusive rights of the building and its “likeness.” How

willing is the university to let outside entities “borrow” the image, or to use the

building in photo-ops or special events?

7. Lead a discussion on the damaging effects of plagiarism in public relations.

There have been many recent examples of plagiarism present in high-profile

speeches, especially during the political campaign season. It is important for

public relations professionals to understand the legal ramifications as well as the

repercussions to reputation that can occur from a plagiarism case.

CASE ACTIVITY: ARE EXPOSÉ FILMAKERS JOURNALISTS?

In the age of Web 2.0 and social media, it can be difficult for public relations professionals

to determine who qualifies as a journalist. Students will likely face this dilemma when they

are placed in charge of granting media credentials at an event sponsored by their client or

employer. For example, is a person prohibited from tweeting at a College World Series

game being denied his journalistic right to let the world know the pitch count in real time?

Considering the Joe Berlinger case, students should review the sections of this chapter that

address the First Amendment, libel, and the attorney/public relations relationship for

perspectives on writing their memo. For background, students should team up and start by

going online at: http//en.wikipedia.org/wiki/Crude (film).

ANSWERS TO QUESTIONS FOR REVIEW AND DISCUSSION

1. How can a public relations person take precautions to avoid libel suits?

2. What is “fair comment”? Are they any limitations?

3. When the media call about an employee, what kinds of information should the

public relations person provide? What other approaches can be used?

4. Is it essential to formally copyright all public relations materials? Why or why

not?

5. What rights do photographers and freelance writers have regarding ownership of

their works?

6. What is the difference between copyrighted and trademarked material? How do

public relations people help protect each?

7. Give an example of “misappropriation of personality”?

8. What should public relations people know about the regulations of the

Federal Trade Commission? The Securities and Exchange Commission?

9. Why should public relations practitioners be concerned about employee speech?

10. What is privilege from a legal perspective? When, if ever, might it apply to public

relations counsel?