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76 Cards in this Set

  • Front
  • Back
First amendment -
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
First Amendment Guarantees
Religion
Speech
Press
Peaceable assembly
Petitioning the government
Congress shall make NO LAW
Are there laws?
There isn’t the right to slander people
There isn’t the right to shout “fire” in a theater
There isn’t the right to go and tell everyone to get a gun and kill people
What mistakes might you make as a PR pro that could get you in trouble?
EX.
Defamation
Invasion of privacy
Copyright violation
False and misleading claims
Participation in a conspiracy ex (bribery)
Trademark infringement
What is the difference between libel and slander
Libel is a printed falsehood
Slander was an oral statement
On oral statement on TV or radio is regarded as libel not slander
We blend the 2 together and it is DEFAMATION
Elements of defamation
False statement a written or oral
Identification à person was identifiable
Dissemination à communication was distributed to at least one other person
Fault à factual errors based on carelessness, malicious or negligence
Damages à proof out of pocket loss
Negligence
Simple negligence à applied to private citizens
Gross negligence and actual malice à applied to public citizens
NY times v. Sullivan
Montgomery, Alabama police commission Sullivan sued the New York Times over and as about civil rights that he said libeled him
US supreme court adopted the actual malice standard for public figures to protect the First amendment right of the press to criticize public figures
Sullivan claimed that he was not named in the ad but clearly identified and Alabama gave him $50,000
LIBEL per se (on the face of it)
A false statement about another which accuses of a crime, immoral acts, inability to perform his or her profession, having a loathsome disease like syphilis, or dishonesty in business. Such claims are considered so obviously harmful that malice need not be proved to obtain a judgment for general damages and not just specific losses
LIBEL PER QUOD
Libel in which the harm is to reputation is not so clear
Angie Dickenson with producer Arthur Fellows
The news paper called him her “new man”, he was married for 30yrs
Court said so what his feelings were hurt and he lost the suit
Tennis player won a tournament on Saturday, he was Jewish and should not work on Saturday and he actually won the tournament on a Friday,
Corporations and libel
Corporations are treated as public figures by the courts and have a greater burden of proof to win libel actions

Increasingly corps. Use fraud and contract law suits to sue news orgs.
Food lion v capital cities/ abc…
TV producers lied on the job app to do an expose on food handling…they won the fraud suit for the job app but didn’t the libel
Pr implications
Be careful in press releases and other publications
Do not lose control in news conferences and live events
Be careful in references to ex employees
Be carful about competitors
Defense for libel
Truth - prove what you said is true
Privilege - report on activities on public officials acting in an official capacity (not used by citizens)
You can report the exact words said on the senate floor
Fair comment and criticism - statements of opinion rather than fa
Carl burnett
- won 1.6 million in 1981 libel suit against the National enquiere when it accused her of public drunkness
Privacy
Intrusion into solitude
False light
Public disclosure of private info
Appropriations of ones name and likeness
People have the right to be left alone
Don’t embarrass or subject an employ to ridicule or use their image without permission
Get signed releases for info and photos
Don’t assume you can use employs images for advertising
Don’t reveal personal info of your employees to the media
Misappropriation
Legal doctrine is “right of publicity”
Celebrities have the right to cash in on their fame
Taking someone’s likeness for commercial gain
This includes the dead

Bet Midler sued for 400,000 and won for ford using her back up singer for an ad

Russell Christoff sued nestle for using his image on its jar, he won 15 million in a lawsuit
Copyright, or intellectual property rights
What’s the purpose?
If you create original work then you have the rights to benefit from it
Copyright
- original works of authorship, fixed in an tangible medium of income, protection of creative work from unauthorized use…music, software etc
Raw facts can not be copyrighted, something like a play that has no written or visual proof, titles or names, or standard ruler or calendar or phonebook
How to copyright
Make a copy, fill out a form, 3months copyright.gov
Exception to a copyright
is called fair use
Quotes form copyrighted material
Commercial use does not apply to fair use, if you make money
Don’t copy articles, TV news stories and other materials about an organization and distribute
Copyright applies to photographs and artwork
Need to be careful to buy one time, unlimited or payment per use
Digital manipulation of original artwork can also violate copyright
Lady did a water color of a picture and used it in a book and sued and won
Copyright and the internet
Be careful about what you put on the internet
Internet material can be copyrighted
You must have the rights to text and images you use. You do not have the right to freely distribute images
Creative commons
With a creative commons license, you keep your copyright but allow people to copy and distribute your work under certain conditions if they give you credit. Or, you can place your work available freely in the public domain. Mostly related to work distributed on the internet
Trademarks
Words, symbols, slogans that identify a products origin. A shorthand for a brand
McDonalds arches
Trademarks should be capitalized and never used as nouns
Registering a trademark with the patent and trademark office secures the highest level of protection
An “r” with a circle around means it is a registered trademark
TM means it isn’t registered it but it is pending

SM = service mark
Infringement
Did the defendant use the name to capitalize on the reputation of another
Is there intent to create confusion in the publics mind
How similar are the orgs.
Did the origination org. protect their mark
Is the trademark unique

Fox news sued Al Franken for using the slogan “fair and balance” fox lost because there is no likelihood of confusion, because the two have noting to do with each other…apples and oranges

30yr old trademark battle…. Apple computer and Apple records from the Beatles, because of itunes estimates say the Beatles got between 50-100 million
PR implications
Protect your original work
Be careful about what you duplicate
Make sure you get appropriate contract, right to the photos or written material for more than one use if you want to use them extensively
Deception
making false or misleading statements
Misleads the consumer
Is judged from the perspective of an average consumer acting reasonably
Deception must be “material” and affect consumer conduct

Dells interest rate that actually wasn’t true
FTC fines companies 25 million
Weight loss drugs companies fined for false ad claims
Says testimonials are sciences
Enviga
Said by drinking their drink would make them burn more calories th
Puffery
is a legal exaggeration
Use of superlatives that cannot be proved or disproved

Puffery- consist of claims that nor reasonable person takes literally
Polar bears really don’t drink coca cola
Visa everywhere you wanna be
Coke is the real thing
Best food in town
BMW the ultimate driving machine

Pizza hut sues Papa johns for saying “better pizza, better ingredients” and loses because its puffery
FTC
1916-noriginal purpose what to prohibit unfair completion between businesses
1938- consumer protection added
Substantiation required for factual claims
FTC remedies
Consent order - agreement to stop ads without admitting guilt
Cease and Desist- stop within 30 days
Corrective advertising may be required
Securities and Exchange commission (SEC)
Must provide full information regarding anything that would materially affect stock prices
Timely disclosure is required
Insider trading is illegal
SEC looks at companies practices as a whole to determine if they are misleading
Pr implications
Misleading info about finances can get you in trouble
Don’t leak info selectively
Don’t disseminated false rumors about competitors
Don’t over hype products in the experimental stage

Other regulations - don’t really need to know
Special Events
Organizations have substantial liability when they sponsor social events
Get
Liability insurance
Security and traffic controllers
Emergency medical services

Special liability insurance - is available to organizations who sponsor or participate in one-time or annual fundraising, social, or recreational activities. The insurance may be added to an organizations annual general liability policy or may be needed

Ex. Of liability suits
Man slips on wet steps
Child scolded by hot coffee when table flips
Conflicting advice from PR and lawyers
They may offer conflicting advice
Representing unpopular or controversial clients
·
Burson says everyone deserves representation.
· But his firm won’t represent everyone because it wouldn’t be good for business.
Goals of the PRSA Code
· Set and industry standard for professional practice of PR
· Create set of beliefs that guide behavior and decision-making
· Provide an ethical base that is vital to the integrity of a profession
PRSA code provisions
· Free flow of info
· Competition
· Disclosure of information
· Safeguarding confidences
· Conflicts of interest (representing a dem and a repub at same time)
· Enhancing the profession
Disclosure of Info
· Principle: Open communication fosters informed decision making in a democratic society.
Intent:
To build trust with the public by revealing all information needed for responsible decision making
· Ex. No “front” groups
Lobbying is protected speech
The First Amendment
guarantees the right of individuals and ors to petition their government.
· The ethical issue is not whether industries have a right to promote their interests. They clearly do.
Lobbying
· Professional lobbying
· Grassroots lobbying
· Astroturf lobbying
ethics:
standards of conduct that indicate how one should behave based on moral duties and virtues
-refers to a value system by which a person determines what is right or wrong
-value systems can come from religious teachings, professional groups, or other sources
-if you employer wants you do something unethical and you are just doing what you are told, is it wrong? Yes.
ex. of unethical behavior for PR? Putting so much spin in something that is it unbelievable, being untruthful, sharing info from one PR to another, bribery
how do you keep people from behaving unethically
Do it (I just followed orders), say no (possibly get fired), come up with an alternate route (explain why lying, in the long wrong, could have a hugely negative effect)
-representing unpopular or controversial clients:
everyone deserves representation, however, depends on firm to firm situations
PRSA goals
was wounding in 1948 one of its first concerns was the development of an ethical code, to guide professionals and separate them from shady promoters
-PRSA code of professional standards for the practice of public relations was adopted in 1950 and has been revised since….. most recent 2000
-goals: set an industry standard for professional practice of PR/ create a set of beliefs that guide behaviors and decision making/provide an
ethical base that is vital to the integrity of a profession
free flow info:
-principle: protecting the free flow of accurate and truthful info contributing to informed decision making in a democratic society
intent: to maintain the integrity of relationships with the media, gov’t officials, and the public
-example: no bribes or gifts
PRSA code provisions:
free flow info:
intent:
disclosure of info:
-lobbying is protected speech:
disclosure of info:
-example: no “front” groups: groups that seem to do one that, but in fact are trying to do something completely different (forest protection vs. ruining forests)(friends of Eagle Mountain)
-proposition 188…. Smoking campaign PRSA says front groups=unethical
-safeguarding confidences
-conflicts of interest
disclosure of info:
disclosure of info:
-principle: open communication fosters informed decision making a democratic society
-intent: to build trust with the public by revealing all info needed for responsible decision making
-example: no “front” groups: groups that seem to do one that, but in fact are trying to do something completely different (forest protection vs. ruining forests)(friends of Eagle Mountain)
-lobbying is protected speech:
the first amendment guarantees the right of individuals and organizations to petition their gov’t at the ethical issue is not whether industries have a right to promote their interests… they clearly do the ethical issue is that sometimes they use deception to hide their purposes
-professional lobbying
: people who are paid to represent the interests of ppl or organizations
grassroots lobbying:
interested in making ppl take action to contact others on why the issue is important to them (mobilization) …. citizen based groups or coalitions that are primarily conceived, created and or/funded by corporations, industry trade associations, political interests or PR firms
Astroturf lobbyists
:fake grassroots lobbying… seemingly to be a grassroots lobby but it’s actually people poor but cash rich
PRSA code
-: violators may be expelled from the organizations, there is no legal authority and virtually no one is disciplined, PRSA can only discipline its own members who represent only 10%of PR practitioners
accreditation:
PRSA began accrediting professionals in 1965… APR must have 5 years full-time experience in PR or teaching and pass a written and oral exam…. About ¼ of PRSA’s 19,000 members are accredited, or roughly 2% of all practicing PR professionals
universal accreditation program:
a voluntary certification program for PR (joe black, APR)
-increasingly, job listings specify: “APR preferred”, senior PR professionals support accreditation
-promoting professionalism:
-independence
-responsibility to society
-concern for competence and honor of profession
-loyalty to profession higher than to employer
technician:
doesn’t ask a customer about his background or reputation. He does a job to the best of his ability
professional:
considers all ramifications of a request. He can’t divorce jobs from his role in society. He chooses jobs based on the reputation of the employer
licensing is another alternative:
some propose that all PR professionals should be licensed like accountants, doctors. Edward Bernays was a major advocate of licensing. NO ONE HAS LICENSED PR PRACTITIONERS IN ANY STATE
agruments for licensing:
-defines the practice of PR
-established uniform educational criteria
-sets uniform ethical and professional standards
-provides for decertification of unethical practices
-protects qualified practitioner from unfair competition
agruments against licensing:
-any licensing is an infringement of the first amendment rights
-difficult to define PR
-voluntary accreditation is sufficient to establish standards
-civil and criminal laws already exist for malpractice
-legislatures show little interest
-state licensing would hamper national/international practice
-assures only minimum competence
-costly
-credibility and status not assured through licensing
-ethics in practice:
-be honest all the time
-convey sense of business ethics
-respect integrity and position of opponents
-develop trust by emphasizing substance
-present all sides of issue
-balance loyalty to client and to the public
-don’t sacrifice long-term objectives for short-term gains
-be prepared to sacrifice security for standards
PRSA code
· Violators may be expelled from the organization
· There is no legal authority and virtually no one is disciplined.
· PRSA can only discipline its own members, who represent only 10 percent of PR practitioners.
Universal Accreditation Program
· Get verified
Purpose of Accreditation
· To unfiy and advance the profession by identifying those who have demonstrated broad(didn’t finish)
· Increasingly job listings specify: APR preferred
· Senior publics relations professional supports Accreditation
Practical side of ethics
· Harold Burson of the PR firms Burson-Marsteller
· PR people are “advocates” like lawyers. They promote one point of view.
Arguments for licensing(NOBODY LICENSES PR PRACS. ON TEST T/F)
· Defines the practice of public relations
· Establishes uniform educational criteria
· Sets uniform ethical and professional standards
· Provides for decertification
· Protects qualified practitioners from unfair comp
· Raises the credibility by practitioners
Arguments against
· Infringement of First Amendment rights
· Difficult to define public relations
· Voluntary accreditation is sufficient to establish standards
· Civil and criminal laws already exist for malpractice
· Legislature show little interest
· State licensing would hamper national / international practice
· Licensing assures only minimum competence
Credibility and status not assured through licensing
· Regulation would be costly
Technician or professional
· The technician doesn’t ask a customer about his background or reputation. He does a job to the best of his ability.
· The professional considers all ramifications of any request. He can’t divorce jobs from his role in society. He chooses jobs based on the reputation of the employer.
Propaganda
Pr was called this which means to reproduce

The deliberate and systematic attempt to shape perceptions manipulate cognitions and direct behavior to achieve a response
Your persuasive message is propaganda
My persuasive message is information, education and PR
Techniques of propaganda
Plain folks- grew up in a log cabin
Testimonial- using experts
Bandwagon- everyone is doing it
Card-stacking - Providing only facts that support a point while ignoring other facts
Transfer- associating something with
Doublespeak
Euphemism
Jargon
Bureaucratic language
Inflated Language
Euphemism
Making something sound better
The substitution of a mild indirect or vague expression for one to be offensive, harsh or blunt
Words are all we have to express ourselves
Doublespeak pollutes communication
You are suppose to use honest accurate language
Pratkanis and Aaron
observe that the question of whether something is propaganda or just info is in the eye of the beholer
Pratkanis and Aaron
observe that the question of whether something is propaganda or just info is in the eye of the beholer