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202 Cards in this Set

  • Front
  • Back
whats the difference between lawyers and public relation advisors
Lawyers correctly advise clients on what they must o, within the letter of legal requirements, to defend themseleves in a court of law
Public relations advisors counsel clients on not what the must do but what they should do to defend themsevels in the court of public opinion
public relations and the law both begin with the
first amendment to the consitution that guarantees freedom of speech in our society
from a legal point of view a organization should say
as little as possible prior to there court date
from a public relations view a organization should say
it often makes sense to go public early on, especially if the organizations integrity or credibility is being called into public question
defamination laws include
libel and slander
defamation
is the umbrella term used to describe libel- a printed falsehood-and slander-and oral falsehood.
for defamaion to be proved , a plantiff must convince the court that certain requirements have been met
1. the falsehood was communicated through print, broadcast, or other electronic means
2.the person who is the subject of the falsehood was identified or easily identifiable
3. the identified person has suffered injury- in the form of monetary losses, representational loss, or mental suffering
actual malice in a public figure slander case means
that statements have been published with the knowledge that the were false or with reckless disregard for whether the statements were false.
actual malice trumps
truth is a defense against libel..... NOT ALWYAS TRUE
A practitionar in a hostpial should have an understanding of
managed care and its ramifications
A practitionar at a non-profit organization should understand the
laws that govern donors and recipients
A practitioner at a college ought to undertsnad the
law that govern the privacy of student and faculty records
A practitioner in a particular industry- chemical, computer, banking, sports, - should understand
the laws germane to that particalr area
every public company has an obligation to deal frankly, comprehensively, and immedietly with
with any information that is considered material, a material announcement is one that migth cause an investor to buy, hold, or sell, a stock
The securities and exchange commission
has painted a general portrait of disclousre requirements for practitioners, with which all practitioners in public companies should be familar
Securities ACT of 1933 and the securities exchange act of 1934
which attempted to protect the public from abuses in issuance and sale of securities .... also gives securities exchange commision SEC its mandate
The SECs overriding concern is that
all investors have an opportunity to learn about material inofrmation as promptly as possible. basically a company is expected to release news that may affect its stock market price as quickly as possible
antifraud statue 10b-5 of the securities exchange act
the SEC strictly prohibits the dissemination of false or misleading information to investors , insider trading on the basis of material info not disclosed to the public
Ivan Boesky and Michael Milken
two wall street legands, who were involved in a huge insider trading scandel at the turn of the 20th century
Sam Waksal
ImClone got martha stwart to go to prison. knew the drug was no going to be approved by FDA
besides cracking down on insider trading , the SEC has challanged
cooperations and public relation firms on the accuracy of information they disseminate for clients.
regulation FD or fair disclosure
regulation FD requires companies to widely disseminate any material anouncments.
media relases used to only be given to large investors or security analuyst. but now evene if the news accidnetly slip out, it must be issued to the news within 24 hours
Sarbanes-Oxley act
came as a result of large cooperate financial scandals.required all publicly traded companies to increase financial disclosure and submit and annual report of the effectivness of their internal accounting controls to the SEC, with criminal and civil penalties for noncompliance
copyright law
provides basic, automatic protection for writes, whether a manuscript is registered with the copyright office or even published. an "original work of authorship"has copyright protection from the moment the work is in the following fixed form
literacy work, musical work, dramatic work, choerogpahic wok, pictoral, motion pictures, sound recordings
the word fixed means
that the work is suffieciently permanent to permit it to be percieved, reproduced, or otherwise communicated
copyright law is different from trademark law because
trademark refers to a word, symbol, or slogan used alone or in combination, that idenittifes a product or its sponser - for ex nike swoosh
when courts have stated again and again is that for the purpose of -----,-----,----,----,or--------, the use of copyright material is not a infrigment but rather------
critisim, news reporting, teaching, scholarship , or research
fair use
fair use is

and ex
vauge....no speicifc limit on how much you can quote or what you can quote.

AP put a limit on how much you can quote
overtime the supreme court has stregthened the copyright status of
freelance artists and writers. ruling that professionals retain the right to cpyright what they create as long as they were not in a conventional employment relationship with the organization that commisioned their work
what to know about censorship
in 1996 congress tried to pass Communications decency act(CDA) giving criminal penalties to anyone allowing indecent speech available to a person under 18yrs of age. but it was unconstitutional. then tried to pass child online protection act, and tried to get search documents from google(who refused) also considered unconsitutional
intellectual property story
everyone hates napster
90percent of all IP in china is pirated
cybersquatting
grabbing domain names in bad faith, expressly for the purpose of tormenting or shaking down a rightful registrant. cant take exact name because of trademark laws but cybersquatting register names that only differ slightly trying to ether sell the name or disrupt the companys commerce
click fraud
click you website to make it seem more popular in search ranking giving skewed data to marketers
litigation public relations
managing the media process during the course of any legal dispute so as to affect the outcome or its impact on the clients overall reputation
what are the 7 steps to the litigation process
learn the process
develop a message strategy
settle fast
anticipate high-profile variables
keep the focus positive
try settling again
fight nicely
public relations people are paid to
tell their clients what is the right thing to do
what is the job of a inhouse public relations practitioner
support management in achieveing its objectives.
what is the job of a professional in a public relations agaency
contibute to the revenue generation of the company.
managers insist on------ so the best public relations program can be measured in terms of
results ------------ahcieveing results in buildibng key relationships on which a organization depends
boundry role
public relation managers, they function at the edge of an organization a a liasion between the organzation and its external and internal publics. . public relation practitionars have one foot inside the organization and one foot out
public relation managers are also system managers
knowledgable about and able to deal with the complex relationships inherent in the organization
what are the 4 questions public managers should ask?
1.what are we attempting to achieve, and hwere are we going in that pursuit
2. what is the nature of the enviornment in which we must operate
3.who are the key audiences we must convince in the process
4. how will we get to where we want to be
cooperate conscience
pr professionals should enjoy autonomy to deal openly and honestly with management. if a idea doesnt make sense, or a product is flawed, its the duty of the pr professional to to challenge the consensus
what is the flow of conceptualizing the public relations plan?
environement-> business objectives-> public relations objectives and strategies-> public relations programs
the public relations management process includes 4 steps
1. defining the problem or oppertunity-
2. programming
3.action
4.evaluation
defining the probelm or oppertunity
this requires researching current attitudes and opinions about issue, product, candidate, or company in question and detemining the essence of the problem
programming
this is the formal planning stage, which addresses key constituent publics, strategies, tactics, and goals
action
this is the communications phase, when the program is implemented
evaluation
the final step in the process is the assessment of what worked, what didnt, and how to improve in the future
executive summary
an overview of the plan
communication process
how it works, for understandign and training purposes
background
mission statement, vision, values, events that led to the need for the plan
situation analysis
major issues and related facts the plan with deal with
audiences
strategic constituencies related to the issues, listed in order of importence, with whom you wish to develop and maintain relationships
key audience messages
one or two sentence messages that you want to be understood by each key audience
implementation
issues, audiences, messages, media, timing , cost, expected outcomes, and method of evaluation
budget
the plans overall budget presented in the organizations accepted style
monitoring and evaluation
how the plans result will be measured and evaluated against a previously set benchmark or desired outcome
4 steps to a public relations camapaign
1. backrounding the problem
2. preparing the proposal
3. implementing the plan
4.evaluating the campaign
backrounding the problem
speicies the major aims of the camapaingn
"whats' to be accomplished
preparing the proposal
outlines the strategies- hows- and the public relation tools to be used to fufill the objectives
situational analysis
description of the challenge as it currently exsists
scope of assignment
description of the nature of the assignment: what the pr program will attempt to do
target audience
specific targets identified and divided into manageable groups
research methos
specific research approach to be used
key messages
speicif selected appeals: what do we want to tell our audience?how do we want them to feel about us?what do we want them to do?
communication vehicles
tactical communication devices to be used
project team
key players who will particiapte in the program
timing and fees
a timetable with proposed costs identified
when a outside supplier submits a proposal what should be factored in
cancellation clauses, confidentiality of work, and references
implementing the plan
3rd stage. may contain time chart speicifying when each action will take place. speicif activities defines, people assigned to them, and deadline are established. guts of camapign plan
evaluating the campaign
to find out whether the plan worked. \did we implement the activites we proposed
did we recieve appropriate public recognition for out efforts
did attitudes change
a organizations goals must define what its
public relations goals will be,and the only good goals are the ones that can be measured
MBO can provide public relation managers with
a powerful source of feedbacxk
what 2 questions do public relation managers strive to asnwer
how can we measure public relation results

how do we know whether the public relations program is making progress
4 points of MBO
1. specification of the organizations goals, with objective measures of the organization performancee
2.conferences between the superiror and the subordiante to agree on achievable goals
3.agreement between the superior and the subordiante on objectives consistenet with the organizations goals
4.periodic reviews by the superior and the subordiante to assess progress toward achieveing the goals
look at pg 88/
d
fuctional budgeting
dollars for staff resources, activites, and so on are linked to specific revenue-generating activities
adminsitrative budgeting
PR is a "staff" actvitiy.not responsible for generating activites. the budget dollars are assigned generally against the departments allocation for staff and expenses
the key to budgeting two steps
1.estimating the extent of the resources, both personal and purchases, needed to accomplish each acitivity
2estimating the cost and availability of those resources
pay-per-performence
PR aganecys are paid on how much attention a event gets. no attentuion no money
media relations
coordinating relationships with the online, print, and electronic media, which includes arranging and monitoring press interviews, writing news releases, and related press material, organizing press concferences,and answering media inquiries and requests
social netowrk marketing
the digital revolution has introduced a whole new componenet to public relation skill set market through socail media
internal communications
informing employees and prinicpals through a varietys of means, including intranet, newsletters, televisions, and meetings. this role has emphasized new-orietnnted communications rather than benefits-oriented ines, which are usually the province of personal departments
govenrment relations and public affiars
coordinating acitivites with legislator on local, state, and federal levels. including research activites and public policy information
community relations
orchestrating interaction with the community, perhaps including open houses, tours, and employee volunteer efforts designed ti refelect the supportive nature of the organization to the community
investor relations
managaing relations with the investment community, including the firms present and potential stockholders
consumer relations
supporting activites with customers and potential customers with activites ranging from hard-sell product promotion activites to soft consumer advisory services
public relations research
conducting opinion research, which involves assisiting in the public policy formation process through the coordination and interpretation of attitudianl studies of key publics
public relations writing
coordinsting the insitutions printed voice with its public through reprints of speeches, annual reports, quartely statements and product and company brouchures
special public relations
coordinating relationships with outside specialty gorups such as supplies, educators, students, nonprofit organizations, and compeititors
institutional advertising
managing the insitutional-or nonproduct sdvertising image as well as being called on increasingly to assist in the management of more traditional product advertising
graphics
coordinating the graphic and photographic services of the organization
web-site management
coordinating the organizations online face
philanthropy
managing the gift giving apparatus, which ordinarily cosists of screening and evaluating philanthropic proposals and alloacating the organizations available resources
special events
coordinating special events, including travel for company management, cooperate celebrations and exhibits, dinners, groundbreakings, and grand openings
management counselling
advising managers on alternative options and recommended choices in light of public responsabilities
gantt chart
focuses on sequence of tasks necessary for completion of the project at hand. represented in horizontal bars. the wider the bar the more time the task will take
PERT
developed by navy. shows relationships between each activity .this tasks create a path way. the critical path is a series of tasks that must be completed before a certain time period for the project to be completeed on schedule
where are the 2 places public relation professionals work?
1.as a staff professional in a public relations department of a corporation, university, hospital, etc whose task is to suppoer the primary buissness of the organzation
2. as a line professional in a public relation agency who primary task is to help the organization earn revenue
the biggest difference vetween an external and an internal departmnet is
perspective. the former is outside looking in; the latter is inside looking out
what are the 2 parts of reputation
1. the more rational products and performance
2.emotional behavioral factors, such as customer service, CEO performance, personal experience with the compnay

gained by what one does not but what one says
reputation management
is the ability to link reputation to business goals to increase support and advocacy and increase organizational success through profit, contributions, attendance, and so on .
Gitlow V New York
became a question if federal law has jurisdiction over state law and local law. helps federal gov make sure due process was followed
near v minnestota
changed the clear amd and present danger test :near had a tabloid that was agaisnt everyone besides white males. minnestoa had a law agaisnt obsenity. minnestoa trys to arrest near and near follows gitlow and says that goes against his 1st amendment.
court only hold up censorship under 3 circumstances
1. obsencene
2. cause violence
3. endanger us during war
obsenity
whether to the avg person (a jury of your peers) applying the contemporary standards of the community, the dominant theme of the material taken as a whole. appeals to the (prudient/ creates a unnatural craving for) interest in sex
Redudrick vs newyork
among the 9 of we cant deterine what is obsene as long as its not thrown upon unconsenting adults, minors, are protected and its not pandered (using sensational techniques)
john twain
printing book, english king overthrown
twain wouldnt rat out people, he was only a printer
Rule 10b-5 of Securities and Exchange Act
No dissemination of false or misleading information to investors
Prohibits insider trading of securities based on material not disclosed to the public
tort
any civil wrong other than a breach of contract
not contract or criminal
its civil violation
criminal law
fine/jail time. crimes against soicety
contract law
I will do this for you, if you pay me x
people/organizations make contracts
libel is usually------ slander is usually-----
written.... spoken
in most states if the spoken remark, comes from a prepared text (from a news prompter) it is
libel not slander because it originally was a written text
things on the interent are considered
interpersonal relation, so nobody considers it libel
how can you get money from slander
ONLY
if remark you made caused company to lose x amount of money
only if it wasnt true OR if it is true doesnt need to be said(illegitmate child story)

if you impune the chasity of a female
in order to prove libel, you have to prove 5 things

NOT FINISHED
1.publication
2.identification
3.real defamation
4.unprivlieged occasion
5.actual malice
libel: publication
and ex
the remark has to be published, prove it, disseminated for broad consumption

*shedard v landord- loanford wrote letter to mrs.shepard, about how she was a whore. shepard however showed it to the neighbor and THEN tried to bring it to court. however, since she showed it to the neighbor she "published" it herself
libel: identification
and ex
-the person who said it
-the person about which it was said
very specific arrest record must be very specific in newspapaer, so they and only they are identified. also, can be applied to a group as long as group is small enough so everyone can be readily identified
neiman marcus v leight- legiht published in a tabloid that the male designers were gay, the floor models were prostitues and and all personal shoppers were call girls. only men and floor models made money because they were small, readily identifiable groups
2.) university football team smoking crack, not small enough for people to be readily identifiable
libel: real defamation
only have to do 1 of 3 things.
personal reputation
professional reputation
social contact- something the newspapaer says makes other people shun you
libel: unprivileged occasion
absolute privilege: privilege of the participant
qualified privilege: privilege of the reporter
libel: actual malice
and ex
knowledge of falsity
reckless disregard of the truth

sullivan sures NYtimes for report about alabama univerity
you have to prove all 5 elements of libel if
your a public officals and former public offical to private citizens who were involved in public matter
if you want the big dollars you must
prove all 5 elements of libel
actual libel damages
remark caused by you to lose money
compensatory libel damages
damages you are awarded for the undue social/mental and anguish
punitive libel damages
big dollar, millions

Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.
norton vs tire kingdom
if you are a private citizen not involved in public issues and only sueing for
actual/compensatory damages you only need to prove the 1st 4 elements of libel not actual malice
gertz v welch
if a regular citizens wanted to sue for punitive damages, they would have to prove the 4 elements of libel plus actual malice
defense against libel
the truth
and
fair comment and criticism

two illegintant incideces where truth was not a defense
fair comments and critisim ex
cherry sisters suck
patenets dont cause
Pr probelms

coopyright and trademark does
copyright lasts for
Lasts for life of the author plus 70 years under the new act of 1976
if something is copyright protected you cant
charge others to use it
fixed form
writtendown or recorded NOT just in your head.

copyright cant start until its in fixed form
poormans copyright
write down or record, take to postoficcie and send it to your self to time stamp it and prove you own it
trademark
nike swoosh. only use it if you pay nike
what CANT you copyright
title, short slogans, words that came from the public domain(ex consituttion), speech/perfomance that not in fixed form, ideas
copyright is more----- tradmark is more----
words
symbols
1st amendment considerations
broadcasting is protected by 1st amednement but theortically anyone can start a newspapaer, however broadcast states there may only be a limited # because of the specturm space is limited
public airways is owned by we the people
a newspaper can endores a candidate and never have to
mention the other candidate
if a broadcaster endorses a candidate they must
give the opponenet free time
tornillo v miami herald
tornillo filed a lawsuit and wone. however, law was unconsitutional because it violated 1st amendmen
if newspapaer has public trust they ought to
give both candidates time
PICON
public interest convicerne or neccessity must be fifilled by broadcasting station
Section 315 of the Communications Act of 1996
Equal opportunity clause: appearance of a legally qualified candidate
*Meets qualifications for the office
*Eligible to be voted for
you cant censor the candidate (BROADCASTER is not responsible for what candidate says)
Lowest unit charge for amount and class of time
appearance exclusions
Bona fide newscast
Bona fide news interview
Bona fide news documentary IF appearance is incidental to the subject of the documentary
On-the-spot coverage of a bona fide news event, including but not limited to political conventions
equal oppertunity clause
if you let candidate a buy 100 spots you have to let candidate b purchase 100 spots if they can afford it .
you dont have to let every office on broadcast
---- days before the primary you cant -----
45, raise rates
----days before the election you cant-----
60, raise rates
how do you determine the price of a advertisment
1. are you buying 1 spot or more
2. do you want to speciy what time the ad comes one
you can charge whatever you want for a ad IF
your not the candidate and arent using the x amount of spots
bona fide newscast
if candidate a has a newsconference you dont have to cover candidate b as much, but it may not serve the publics best interest and then you license wont be renewed
bona fide news interview
does not consitute a usage
bonafide news event
does not consitute a usage. govornor talking about car crash
bonafide news documentary
if the apperance is merly incidental . hurrican documentary
talkradio is mostly concervative because
fair radio went away .
democrats did away with fair doctrine so no liberal voice on radio
if we brought back fair doctrine , if rush limbough gets 3 hrs liberals would need 3 hrs
stratigic plans are
key
baseline
point at which all future efforts are measured"what is today"
benchmark
best practices in other organizations
ex:went over the country to find good employee communication programs and teach others how to build their own employee communication program
goals is to----
strategy is to----
objectives
tactics
goal
outcome that can be measured but we dont know how to measure it
objectives
is a outcome that can be measured and we know exactly how to measure
strategy
broad apporach to obtaining a goal
tactics
exact approach how to apporach a goal
ex of goal vs objective
we can measure awarness by asking "haver you heard of---" but you cant measure it because its so broad. so its a goal. a objective is by dec 31st we want 45% awarness
what are the fundamentals of planning
goal, objective, strategy, tactics
requirements of a good objective
Clearly describes expected results
Understandable to everyone
Lists firm completion date
Realistic, attainable and measurable
Consistent with management’s objectives
if you didnt meet your objectives... you didnt
fail you just didnt meet your objectives
you must tie your results to your
organizations bottom line
most things can be obtained IF you have the
budget but you usually dont have the budget.
adv to internal praticioners
knowledge of organization
availabilty
part of team
less costly
disadv to internal practioners
not an expert
too close to the problem
overhead/benefits
yes person
adv to external practioner
location
objectivity
bredth of skills
experiences
variety of skills
disadv to external practioner
staff paranois
cost
resistence to advice
lack of knowledge about the business
if your company need a lot of PR you should get
internal relations department
for every dollar you need---- of overhead
.30 cents
if you do not need much PR help, hire a
external; PR because then is no overhead
blended rate
look at what/who you think your going to use and hourly rate and come up with a hourly rate regardless of whose doing the work
hourly
paid per hour but every person gets paid different rate based on position
retainer rate
that what you would like to have. set aside a certain amount of time a month, you set aside that time, whether they use it or not. helps you determine how many people will do the work
project
pay per project. estimate hours in advance
DONT FORGET ABOUT
overhead
mission
this is who we are/this is what we do
vision
where were going
"want to be lead distributor of fl"
values
what we believe in :guts and core"
position
makes us different from everybody else "often embedded in marketing/advertising"
for: for quality if job 1
definitve mission statement
anyone who reads it knows what this companys doing it and because (value statement)
organizational and cultural statements
(publix) publix employees own this store
psotive public relationships
figure out whats good about the company your represting (expressed values)
reputations
what a companys knowns for (understood values)
a strategic plan is a
process
successful organization are the ones that 1st focus on the
internal
whats your most important public
employees
if company doesnt work, its usually means it has a bad
culture
unhappy people dont work well
who invented the strategi plan 4pgs
peter holister
page 1
podiyioning statement- what makes you company different from others who do what you do(how is coke differnet from other soft dirnks)
key themes and messages- only focus on a handful, about 6
page 2
pubic relations goals
key audiences, handle about 6
page 3
audience 1
objectives, try and have measurable objectives
research, what do you know about audience
evaluation, how you are going evaluate
page 4
audience 1 inventory form
if you have 6 publics how many pages do you have
14