Learn more about the key legal considerations faced by practitioners of public relations.

1. Public Relations
Legal Considerations
Presented by
Brett Atwood

2. PR & The Law
• Legal Issues are a growing concern for those
who practice PR
– Litigious Society
– Abundance of Lawyers
– PR Responsibilities are Growing in Complexity
• Many in the industry fail to understand the
legal responsibilities and vulnerabilities

3. First Amendment
• First Amendment:
– “Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech; or of the press; or the right of the people
peaceably to assemble, and to petition the
Government for a redress of grievances.”

4. First Amendment and the Media
• Print Media
• Enjoys the greatest amount of protection
• Television
– Subject to government regulation (FCC)
– Cable is also regulated
• Internet
– Initial attempts to regulate/censor have failed in the
U.S.
• Communication Decency Act
• The Internet “deserves the highest protection from
government intrusion”

5. First Amendment & Commercial
Speech
• First Amendment protects “free speech” and
“freedom of the press,” but how what about
the PR industry?
– Protections for PR industry are not equivalent
• “Commercial Speech” is classified differently
• It has a lower level of protection from liability
– Also has implications for media relations

6. Commercial Speech Regulations
• “Commercial speech” is regulated using the
following four-part test:
– Does it concern lawful activity and not mislead the
public?
– Is the government’s interest substantial enough to
justify regulation?
– Does the regulation advance the government’s
interests?
– Is the regulation reasonable? (Must be no more
extensive than necessary to serve the gov’t interest)

7. Political Speech
• Political expression to employees are limited
• Corporate campaign financing has been
historically restricted
– Recent developments are loosening these
restrictions
• Citizen’s United vs. the Federal Election Commission

8. Lobbying
• The Federal Regulation of Lobbying Act of
1946 and the Lobbying Disclosure Act of 1995
– Regulates “lobbying” activity
– Requires lobbyists to register with the House and
Senate
– Aims to establish greater transparency and
disclosure

9. Other Forms of Corporate Expression
• There are also rules about:
– political expression to employees
– How you interact with unions
– Internships

10. Public Companies & Investor Relations
• If a company is publicly-traded, you must be
aware of how the content and timing of any
external communications might impact the
stock price for shareholders
– Avoid disclosing any information to “insiders” that
can be used to make money
• “Insider trading” can get you arrested!

11. Copyright
• Copyright Act of 1976
– Includes rights of reproduction, distribution,
adaptation, performance, royalties, display
• Must assume, even if not marked (limited legal rights)
• Owner (author) has exclusive right to reproduce,
distribute and use
• Limited, fair use of copyrighted works is not an
infringement
• In PR, works made for hire belong to the employer
(assuming they take place during regular course of
employment)

12. Trademarks/Service Marks
• Lanham Act of 1946
– Word, Name or Symbol used to identify goods
– Created through use of the mark on goods in
trade
– Infringement occurs when someone other than
the owner uses mark on similar or related goods
in trade

13. Defamation
• A defamatory statement injures the good
name of an individual/company and lowers
their standing in the community
• Two kinds of defamation
– Libel
– Slander

14. Slander
• Slander
– Spoken word defamation
– Said to a third person but
not printed or broadcast

15. Libel
• Libel
– Defamation in a tangible medium (print, Internet
or broadcast)
– To prove libel, you must show that:
• Harm was caused
• The story was published or broadcast
• The person/company was identified by name
• The media was at fault or error
• The broadcast/published facts must be false

16. Fair Comment
• Truth is the best defense against libel
• Opinions also have some protection
– Include facts to back up your opinion
– Label your statement as “opinion”
– Make sure the context is clear
• Times Co. vs. Sullivan (1964): Court decision
that actual malice must be proved

17. Privacy
• People have the right to be left alone
• To avoid invading someone’s privacy:
– Obtain consent from the individual if using their
likeness in photos/videos and/or taping
• Do not record phone calls or tape someone without
their knowledge
– Do not release private information on an
employee

18. Privacy
• It is more difficult to legally
invade the privacy of public
figures (celebrities, athletes,
politicians) since they
surrender their privacy rights
by the profession they choose

19. Case Studies

20. Enron
• Enron (and even its executives) faced criminal
charges for inflated earnings and financial
projections through various communications
channels including news releases

21. Abercrombie & Fitch
• Clothing retailer Abercombie & Fitch was
accused of discrimination amidst protests and
lawsuits by Asian groups for selling and
distributing t-shirts with offensive stereotypes

22. Scientology vs. Eli Lilly
• The Church of Scientology filed a libel suit
against an executive at Eli Lilly & Co. after he
called the church a “commercial enterprise” in
a published interview defending the company
against anti-Prozac ads

23. Astroturfing
• Lifestyle Lift was accused of having employees
post fake consumer reviews online

24. American Apparel vs. Woody Allen
• American Apparel used an image of Woody
Allen in a billboard campaign without
permission
• Allen sued and settled out of court for $5
million

25. Protected Trademarks
• Band-Aid
• Coke
• Fed-Ex
• Frisbee
• Jell-O
• Kleenex
• Liquid Paper
• Magic Marker
• Popsicle
• Realtor
• Scotch Tape
• Styrofoam
• Velcro
• Xerox

26. Former Trademarks Now Genericized
• Aspirin
• Cellophane
• Dry Ice
• Escalator
• Heroin
• Kerosene
• Laundromat
• Linoleum
• Thermos
• Trampoline
• Videotape