Introduction
 Public Relations is a hybrid of journalism and
advertising
 Seeks to inform (journalism);
 Seeks to persuade (advertising)
 Crosses many legal categories
 First Amendment
 Contracts
 Regulation
Corporate Speech Rights
 No First Amendment rights until 1970s
 Now, however, corporate right of expression is
recognized
 In political and social issues, broad protection;
 Commercial speech moderately protected
 First National Bank of Boston v. Bellotti
 Allowed bank to speak on political issue
 Later expanded to include ideological groups and
entities with no attached business pursuits
Citizens United
 Post-Bellotti, corporate speech in political arena grew
 2002: Congress seeks to reduce influence of big money
on campaign process
 Later, a court strikes down restrictions on corporate and
labor donations and advertising
 Supreme Court reversed, but in 2007 reversed again in
saying corporate political speech was protected
 Citizens’ United (2010) SCOTUS says corps. Can spend
on political messages as long as not directly associated
with any candidate’s campaign
Corporate v. Political Speech
 Nike v. Kasky (2002)
 California SC says company’s defense of corporate
reputation is commercial not political
 Thus, it can be regulated and Nike punished for falsity
 Test used by court might make most corporate speech
commercial, but. . .
 SCOTUS refused to take appeal
 Case was settled out of court
Tort Law and PR
 Interference in a business relationship
 Unfair competition
 Duty to Warn/Failure to disclose
 Misrepresentation
Contract Law and PR
 Ownership of works
 Hold-harmless clauses
 No-compete clauses
 Confidentiality agreements
Interacting with the Media
 Recording interviews
 Careful public actions
 Off-the-record remarks
 On the record
 For background
 For deep background
 Off the record
 Promises of confidentiality
Public Relations
Public Relations

Public Relations

  • 1.
    Introduction  Public Relationsis a hybrid of journalism and advertising  Seeks to inform (journalism);  Seeks to persuade (advertising)  Crosses many legal categories  First Amendment  Contracts  Regulation
  • 2.
    Corporate Speech Rights No First Amendment rights until 1970s  Now, however, corporate right of expression is recognized  In political and social issues, broad protection;  Commercial speech moderately protected  First National Bank of Boston v. Bellotti  Allowed bank to speak on political issue  Later expanded to include ideological groups and entities with no attached business pursuits
  • 3.
    Citizens United  Post-Bellotti,corporate speech in political arena grew  2002: Congress seeks to reduce influence of big money on campaign process  Later, a court strikes down restrictions on corporate and labor donations and advertising  Supreme Court reversed, but in 2007 reversed again in saying corporate political speech was protected  Citizens’ United (2010) SCOTUS says corps. Can spend on political messages as long as not directly associated with any candidate’s campaign
  • 4.
    Corporate v. PoliticalSpeech  Nike v. Kasky (2002)  California SC says company’s defense of corporate reputation is commercial not political  Thus, it can be regulated and Nike punished for falsity  Test used by court might make most corporate speech commercial, but. . .  SCOTUS refused to take appeal  Case was settled out of court
  • 5.
    Tort Law andPR  Interference in a business relationship  Unfair competition  Duty to Warn/Failure to disclose  Misrepresentation
  • 6.
    Contract Law andPR  Ownership of works  Hold-harmless clauses  No-compete clauses  Confidentiality agreements
  • 7.
    Interacting with theMedia  Recording interviews  Careful public actions  Off-the-record remarks  On the record  For background  For deep background  Off the record  Promises of confidentiality