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The 1st amendment PROTECTS: |
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political speech social comment cartoons some books some symbolic speech |
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Public Communication by business organizations through advertising or public relations to achieve sales or other organization goals. |
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A proposition underlying systems theory that maintains that the behavior of systems is constrained and shaped by interaction with other systems |
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Case that established a for-profit organization's right to free speech in 1978. |
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First National Bank of Boston v. Bellotti |
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Case that extended First Amendment protection for truthful marketing of legal products and services. |
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Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976) |
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the publication of material that would hold one up to hatred, ridicule, contempt or spite; includes libel & slander |
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published defamation by written or printed words or in some other physical form |
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defamation by spoken words, gestures, or other transitory means |
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legal responsibility of companies to compensate individuals for injuries or damages resulting from defects in products that were purchased |
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public defamatory communication causing breach of the peace or incitement to riot; the sate or the injured party through the government seeks punishment under criminal statutes which may result in fine, imprisonment or both. |
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cases involving published defamatory information showing negligence and identifying the injured party ; the injured party seeks monetary damage under civil statutes. |
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If a public figure is involved in a libel case, they must prove actual ____________. |
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a requirement of civil libel in cases involving public figures that states that the plaintiff must show the defendant's knowledge of the falsity of published material, ora reckless disregard for the truth. |
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Three primary defenses against libel charges |
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truth qualified privilege fair comment |
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defense against libel; the allowance of what might otherwise be libelous because of the circumstances under which a statement was produced. A person has qualified privilege to report fairly and accurately a public meeting or record, even if it turns out to be untrue. |
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the expression of opinion on matters of public interest |
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types of invasion of privacy |
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appropriation publication of private information intrusion false light |
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use for monetary gain of a person's name, likeness, or picture without permission |
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publication of private information |
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information that is true but not generally known by a large number of people. ex: health , employment, student records |
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videotaping, bugging, or snooping into others' private affairs |
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truthful information that is exaggerated or used out of context |
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First amendment does not protect: |
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fighting words (violent threats) obscenity some symbolic acts inciting people to overthrow the government |
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Federal Trade Commission - The FTC governs all commercial advertising, and product or service news releases, typical media for marketing communications |
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The Food and Drug Administration - regulates labeling, packaging and sale of food, drugs, and cosmetics |
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Federal Communication Commission - regulates broadcasting, television, and radio to ensure that licensees are operating in the public interest. |
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National Labor Relations Board - oversees the 1935 National Labor Relations Act, governing communications between unions and employers |
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Securities and Exchange Commission- enforces laws and regulations concerning the purchase of stocks of publicly owned corporations that are listed on any of the 14 largest U.S. stock exchanges or that have assets of $1 million and 500 stockholders |
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How do corporations continue to provide information? |
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annual report quarterly report stockholder/shareholder meetings CEO/CFO speeches Regular release of info to financial media |
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legal protection from unauthorized use of intellectual property fixed in any tangible medium of expresssion |
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legally protected name, logo, design registered to restrict its use to the owner |
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qualified permission to use creative expression of others without compensation |
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Code of professional conduct (Public Relations Society of America) |
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Communication and information dissemination Standards of Conduct Confidentiality and disclosure Professionalism |
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Advocacy Honesty Expertise Independence Loyalty Fairness |
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Established principle of liability for PR workers |
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PRSA accreditation requirement (APR) |
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5 years experience and testing |
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Portfolio review and testing; continuing education |
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Some arguments FOR licensing: |
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defines practice uniform curriculum uniform standards decertification protects PR consumer protects PR pro raises credibility No 1st amendment infringement |
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Some arguments AGAINST licensing |
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1st amendment infringement PR hard to define education overemphasized voluntary system works legislators uninterested only addresses sate level only minimum standards credibility doesn't follow expensive for gov't |
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Process of Opinion Formation |
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1. a situation ins seen s as problematic by one of a few 2. attention is sought - media, policy makers 3. limited debate/discussion begins 4. alternative proposals emerge/public debate 5. program of action emerges |
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a consensus which emerges over time from all expressed views that cluster around an issue in public debate |
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"Spiral of Silence" coined by ____________. |
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prevailing trend of public opinion |
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"The dominating opinion which compels compliance of attitude and behavior in that it threatens the dissenting individual with isolation, the politician with loss of support." |
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Perceptual Theories of Public Opinion |
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Pluralistic Ignorance False Consensus Looking Glass Perception Impersonal Impact/ Unrealistic Optimism Third-person effect |
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When the majority opinion is viewed as the minority opinion |
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incorrectly believing your own behaviors are normal or acceptable |
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When you assume two people are alike based on outward characteristic (even though they're not) |
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all humans see better results for themselves than others |
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believe negative things are much more likely to happen you |
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belief that other people are much more likely to be affected by the media than yourself |
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sources of opinion change |
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1. federal government 2. churches and religious organizations 3. political parties & organizations 4. corporations 5. special interest groups |
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Four stages of conflict management |
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proactive strategic - risk communication, determine risk & conflict reactive - convey crisis, conflict resolution recovery phase - reputation management & restoration |
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crisis communication management |
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principle: when a crisis occurs, and information vacuum is created and will be filled |
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stages of crisis communication management |
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prevention- identify potential risks, possible crises preparation- pre-assignment of tasks to team; practice; complete contact information initial response - quick, consistent, open, sympathetic/instructions, directions |
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ads media relations direct mail special events new media |
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ongoing responses in crisis communication |
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speed v. error- threatens credibility single voice and message even with multiple spokespeople (ie, different experts) identify all stakeholder victims (any persons somehow harmed by the crisis) |
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Distinctive feature of business and industry PR |
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all have employee public all have community public all have owners/investors/shareholders/stockholders all have customers/clients/prospects |
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non-profits companies receive free speech to advertise public issues |
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Billotti v. First National Bank |
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Profit organizations get the right for free political speech
taxes, rent control, beverage container laws, |
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contributions v. expenditure
contributions limited and expenditure unlimited
money = speech |
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Regulates employee communicate with employers "unfair labor practices" requires negotiations during disputes |
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Milton Friedman approach to corporations |
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should not have to do corp. philanthropies and elections provide jobs earn profits pay taxes |
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bad citizen era -
MLK, feminism, product safety, sexual harassment
harassed by regulatory agencies harassed by consumer groups harassed by unions and personnel demands increasing competition era of no commment |
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1972 - 60% hold business leaders in low esteem 1978 - 80% believe U.S. business leaders are greedy, foolish |
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Corporate Expressions of Social Responsibility |
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statement of mission speeches philanthropy advertising public affairs |
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Risk is a potential threat that might or could lead to a crisis |
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*EX: Delta and Northwest Merger- Minnianapolis is trying to be victom and ATL is trying to simply be benefactor |
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National Labor Relations Act |
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1935 - established national board governing reg. agency internal communication in a corporate body |
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as a public relations function, is an institution's planned, active and continuing participation with and within a community to maintain and enhance tis environment's to the benefit of both the institution and the community |
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