Intro to PR Exam 4

Central route to persuasion

The central route to persuasion presumes that an audience is in an active, thoughtful state, willing to engage the message actively with an open mind. Communication is direct and to the point. Messages can be logical. A message that focuses on the safety, engineering, and performance of an automobile takes the central route to persuasion. Messages using the central route to persuasion include more facts and logic. Print messages such as brochures, trade journal articles and news reports all take the central route.

Libel

One commits libel by damaging a person's reputation in the public eye. Traditionally, libel has referred to written defamation, while slander involved spoken defamation. Today, libel is the broader term and encompasses both written and spoken defamation. Defamation involves harming the reputation of a person or company with a false statement. In a successful libel lawsuit, the following libel elements must be present and proven: 1. There was a written or oral communication that is false and harms the reputation of a person, company or product. 2. The communication identifies the intended victim. 3. The communication was disseminated to at least one other person other than the accused and the victim. 4. There was a level of fault, either actual malice or negligence, on the part of the accused. 5. There is proof of damages.

First Amendment

A good place to start an examination of journalism and public relations law is the First Amendment to the U.S. Constitution. It contains some of the most cherished rights in the United States. The first 10 amendments, collectively called the Bill of Rights, outline limits on government power. They serve to stop the government from infringing on the rights of American citizens. The First Amendment, ratified in 1791, has never been altered or amended: "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." Most people are familiar with some of the five freedoms protected in the First Amendment, but they do not recall them all: 1. Freedom of religion 2. Freedom of speech 3. Freedom of the press 4. Right to peaceably assemble 5. Right to petition the government Historically, colonial Americans felt oppressed by the British government. The British tightly controlled the press through licensing printing presses. If a newspaper or publisher printed material that was disagreeable to the government, the printing icense could be canceled and the publication had to go out of business. The British also vigorously prosecuted speech that was critical of those in power. In more modern times, oppressive governments all over the world have limited the right of their people to assemble, to criticize the government, to access a free press or, in some cases, to freely exercise their religious beliefs. In their grand democracy experiment, the founders of the United States gave ultimate power to the people rather than giving one person, the monarch, all the power. This is why the Constitution calls for three branches of government, so that each one — executive, legislative and judicial — serves as a check on the others. We know them as the three estates of power. However, the original 13 states were wary of placing too much power in a federal government. They worried they were creating another monarchy. Before some states would ratify the Constitution, they wanted assurances that the government would not oppress the people and the states. In writing the Bill of Rights, the framers gave the people the power to hold government accountable and to change the leadership peacefully through regular elections. With freedom of speech, people could openly criticize the government. With freedom of the press, people could stay informed of government actions. The press, then, as the "fourth estate," would serve as a check on the three branches of government. For journalists and public relations practitioners, the most important clause involves freedom of speech and press. In theory, this clause prevents the government from censoring free speech or a free press. The Amendment literally says no law may limit these freedoms. In practice, there are a number of laws that do limit speech and press rights. Over the years, the Supreme Court of the United States, the highest and, thus, the most powerful court in the country, has interpreted the freedoms guaranteed under the First Amendment repeatedly. The Supreme Court is the final arbiter when it comes to interpreting constitutional rights. The Amendment literally says no law may limit these freedoms. In practice, The First Amendment protects most of what a public relations professional says or releases to the media and the public. However, even though the wording of the First Amendment suggests that government may not infringe on those rights, it is important to note that a majority of the justices on the Supreme Court has never interpreted the First Amendment to be absolute. Indeed, there are a number of areas where Congress may make a law that abridges freedom of speech or of the press. For example, the government may stop newspapers from publishing certain stories in the name of national security. In New York Times v. United States (403 U.S. 713, 1971), the Supreme Court ruled that President Richard Nixon could not stop The New York Times and The Washington Post from publishing the "Pentagon Papers," a collection of a classified government study about America's foreign policy with Vietnam. The papers proved embarrassing to the government because they outlined how the United States became engaged in the Vietnam War. They also included a frank assessment of U.S. foreign policy and revealed a number of occasions in which the U.S. government misled its citizens to maintain support for the war. Nixon argued that publishing the papers would harm national security, but the Supreme Court ruled that the government could not prove that the papers harmed national security, so they allowed the newspapers to continue publishing the top- secret study. Nevertheless, a majority of the Court said that the government may stop a newspaper from publishing information if there is harm to national security, though it rarely happens.

Carol Burnett

Comedian Carol Burnett sued the National Enquirer for libel in 1981 (Burnett v. National Enquirer, 193 Cal. Rptr. 206), after the tabloid alleged public drunkenness purportedly with former Secretary of State Henry Kissinger. Burnett's parents suffered from alcoholism and thus the comedian/actress was sensitive to the allegation. The unprecedented $1.6 million verdict for Burnett in the landmark case subsequently got reduced and settled out of court.

PR people do a lot of special events

Legal concern: Organizations have substantial legal liability when they sponsor special events

Selective attention

Messages must also get attention. Each day thousands of media messages bombard us. It is impossible to digest them all. There would be no time to do anything else. Most messages to which we are exposed do not get our attention. Filtering occurs through a process called selective attention. There are, for example, countless billboards along any interstate highway vying for our attention, but we notice only a small percentage of them. Most billboards are irrelevant to our needs as we pass them. For a person driving cross-country who is becoming hungry and tired, however, billboards for restaurants and hotels become relevant and get noticed. For public relations, the challenge of selective perception is to transmit a message accurately from source to receiver without too many changes in the meaning. The challenge for public relations is to create messages that break through the clutter of competing messages and get attention. It helps if the messages, like billboards advertising hotels and restaurants, are in the right place at the right time to meet the needs of motivated audiences.

Framing theory

Not all facts associated with an event can fit into a story because of limitations of space and time. The facts included in a story represent a "frame" or view of the events and are never the entire story. Inevitably, some facts, opinions and points of view are omitted. Journalists make choices about which facts to include and what point of view to emphasize. Spin, as discussed in Chapter 2, is a pejorative term that suggests an attempt to manipulate perceptions of an event. It is the attempt to refocus attention from the negative aspects of a story to something more positive. Sometimes it refers to promotion of a counter argument that takes attention away from negative portrayals in the media. Spin can involve such techniques as choosing facts in a selective way that emphasizes the positive — what some call "cherry picking" the facts. Another technique is to use euphemisms that obscure meaning and make the facts seem less unpleasant. An example of a euphemism, discussed in Chapter 9, is calling civilian casualties in a war "collateral damage." Still another way to minimize coverage of a story is to release the information on a day when many competing stories will exist, and the story may fall through the cracks and get little notice. Spin relates to framing theory. Every story involves many facts and perspectives. Reporters never have the airtime or print space to report everything. They have to make choices about which facts to include and what point of view to take on the story. The point of view taken is a frame — a single way of seeing the event. They could report most stories with a different mix of facts and opinions that would frame the story in another way. There is no such thing as "a" story. Journalists must make choices about which facts to include and whom to quote. Two reporters covering the same event can tell different stories. This is not a criticism of journalism. Journalists never have the space in print or the time on air to include all information about a story. Reporters and editors make choices about what is most important and most interesting. Those choices represent a single frame on the event. Another journalist might choose a different combination of facts, opinions and images that reflects a distinctly different frame. 13 Common News Story Frames The Project for Excellence in Journalism lists 13 frames that journalists commonly use. They include: • Straight News Account: No dominant narrative frame other than outlining the basic who, what, when, where, why and how • Conflict Story: A focus on conflict inherent to the situation or brewing among the players • Consensus Story: An emphasis on the points of agreement around an issue or event • Conjecture Story: A focus around conjecture or speculation of what is to come • Story: An explanation of the process of something or how something works • Outlook: How the current news fits into history • Horse Race: Who is winning and who is losing • Trend Story: The news as an ongoing trend • Policy Explored: A focus on exploring policy and its impact • Reaction Story: A response or reaction from one of the major players • Reality Check: A close look into the veracity of a statement made or information given • Wrongdoing Exposed: The uncovering of wrongdoing or injustice • Personality Profile: A profile of the newsmaker Source: www.journalism.org On cable TV, Fox News and MSNBC frequently look at the same news events in different ways, drawing very different conclusions about an event. A speech given by a major political figure could be micro analyzed and interpreted differently, often from the distinctly political perspective of liberals and conservatives. Public relations professionals hope to influence the framing of stories. They seek to focus attention on facts and opinions that represent clients most favorably. PR people are advocates for clients, much as attorneys are advocates for their clients. The effort to focus attention on the favorable aspects of a story is ethical so long as the techniques used to accomplish it do not involve lies and deception. Ultimately, journalists still choose the frame used to construct stories based on the facts and opinions they feel are most important to their audience. Efforts to spin a story may succeed in balancing the facts in a story. If an organization commits a major blunder, however, it is unlikely that public relations will be able to make the story go away or spin it from bad news to good. A reporter could write a story about a presidential candidate who makes an embarrassing statement in many different ways. The story could focus on the simple facts of what the candidate said. Another frame might focus on the personality of the candidate as a means of understanding the misstatement. One approach could place the gaffe into historical perspective, with discussion about prior misstatements by the candidate and what the errors collectively say about the candidate. Reaction to the comment is another frame, including reactions from the public and opinion leaders. Given the limitations of time and space, a journalist cannot report every conceivable aspect of the story and will focus on only one or a few of the possible frames. The choice of frame is a journalistic decision, but public relations advisers can promote a point of view that is less damning to their client. Failing that, the PR challenge is to engage in damage control to mitigate the negative publicity. A public apology and an explanation of the comment would provide a new frame on the story.

SMCR model of communication

One of the oldest models of communication is the SMCR model. It dates back to the late 1940s and was conceived by Claude Elwood Shannon and Warren Weaver for Bell Laboratories. Subsequently, David Berlo and Harold Lasswell further developed the model. The basic model illustrates the key components of the communication process: S ource M essage C hannel R eceiver The source is the originator of communication. The source can be an individual, a small group, a corporation or an agency of government. In interpersonal communication, the source is one individual or a small group. In mass communication, including public relations, the source is often an entity or an institution. The message is the content that the source seeks to communicate. Examples of messages in mass communication include news, advertisements, product announcements, corporate earnings reports, and political positions. In interpersonal communication, one person conceives a message. In mass communication, many people may become involved in the creation of a message. A corporation may hire an ad agency to create a television commercial. The ad may require input and approval from dozens of people at both the client organization and the ad agency. Mass media messages are usually the product of groups of people. Channels are the media through which transmission of communication messages occurs. In interpersonal communication, the channel could be nonverbal (gestures, written) or verbal. People may be in close proximity or communicating at a distance via some electronic medium such as telephone, email or text message. In mass communication, the channels are mass media, such as newspapers, television, radio, magazines, the Internet and books. Public relations makes use of both interpersonal and mass communication channels. Here are five types of communication channels: 1. Mainstream media (newspapers, radio, television, magazines, etc.) 2. Interactive media (Internet, social media, video games, cell phones, interactive television, etc.) 3. Controlled media (media owned by an institution, such as a corporate magazine) 4. Events/groups (speaking to a club, rally, convention, etc.) 5. One-on-one (interpersonal) Receivers are the recipients of messages. In interpersonal communication, receivers are an individual or a small group. In mass communication, the receivers are usually mass media audiences. Public relations communicates to individuals, small groups and mass audiences. Other components of the communication model that were added later include noise and feedback. Noise is anything that interferes with the effective transmission of a message from the source to the receiver. Noise could be physical, such as a poor telephone connection, or it could be semantic. Semantic noise occurs when a message is poorly conceived or developed, badly worded, or uses words that receivers do not understand. Semantic noise commonly occurs when a message is badly translated from one language to another, or when a message contains a lot of technical jargon that many receivers of the message do not grasp. Feedback is return communication from receivers to the source of a message. In interpersonal communication, feedback could be a head nod, a yawn, a question or laughter. Feedback helps message sources determine whether message transmission, understanding and acceptance occurred. It gives the source the opportunity to modify future communication to make the connection between source and receiver more effective. Some feedback in public relations is immediate, such as one-on-one discussions and speeches to small groups. Politicians in a live debate get immediate feedback from a studio audience. If it is a televised debate, however, the candidates cannot see the television audience to gauge understanding and acceptance of messages. This delays the feedback in mass communication, and it could take hours or days to measure — political polls published the day after a debate are an example of delayed feedback. Voting, public opinion polls, television ratings and product sales could all be examples of delayed feedback to the source of a message.

Propaganda techniques

Some propaganda techniques include: • Bandwagon — everyone is doing it. Don't be left out. Join the movement. Be on the team. • Testimonial — using experts. Four out of five doctors recommend.... You trust the product or the statement because you trust the person giving the testimonial. • Transfer — associating something with something bigger, loftier, more ideal. Patriotism. Mom. Apple pie. The flag. Babies. Puppies. Religion. • Glittering generalities — vague words associated with powerful emotions. Things go better with Coke. Chevy: An American Revolution. Obama's slogan in 2008: "Yes we can." • Plain folks — our candidate understands your life, values, needs. The candidate comes from a simple background. Abe Lincoln grew up in a log cabin. Bill Clinton grew up in Hope, Arkansas. Jimmy Carter grew up in Plains, Georgia. • Repetition — repeat messages often enough and they seem believeable. Most advertising depends on repetition for effect. There is a concept in advertising titled effective frequency. That is the number of times someone needs to be exposed to a particular message for it to be effective. • Card-stacking — providing only facts that support a point while ignoring other facts. Politicians often cite some statistics to support their point while ignoring others that contradict it. The result is that only part of the story is told and its accuracy is difficult to judge because of the missing information. Political attack ads often pull a comment out of context and issue an attack based on that brief comment. The full context of the statement would make clear that the speaker had a different intended meaning. • Pack the room — if you are hosting an event for 100 people, book a room for 80 or 85. Make sure the room is packed. Why? If you book a room that holds 200 people for an audience of 100, the room will be half empty. People will say, "It is too bad more people didn't come." If you book a room with 85 seats for 100 people, the reaction will be that it was a huge success because the room had "standing room only." The same number of people came but in one case it felt successful and the other it didn't. A packed room also has a different energy level than a sparsely occupied room. It feels like something important is happening

13 Common news story frames

The Project for Excellence in Journalism lists 13 frames that journalists commonly use. They include: • Straight News Account: No dominant narrative frame other than outlining the basic who, what, when, where, why and how • Conflict Story: A focus on conflict inherent to the situation or brewing among the players • Consensus Story: An emphasis on the points of agreement around an issue or event • Conjecture Story: A focus around conjecture or speculation of what is to come • Story: An explanation of the process of something or how something works • Outlook: How the current news fits into history • Horse Race: Who is winning and who is losing • Trend Story: The news as an ongoing trend • Policy Explored: A focus on exploring policy and its impact • Reaction Story: A response or reaction from one of the major players • Reality Check: A close look into the veracity of a statement made or information given • Wrongdoing Exposed: The uncovering of wrongdoing or injustice • Personality Profile: A profile of the newsmaker

Elaboration Likelihood Model

The Elaboration Likelihood Model describes two paths to persuasion. Understanding the two options enables the public relations practitioner to devise appropriate strategies and tactics. 1. Central route to persuasion 2. Peripheral route to persuasion Suggestions for Effective Persuasion • Celebrities work best with passive publics (ethos). • Testimonials and endorsements add credibility (ethos). • Logic works better with sophisticated audiences than emotion (logos). • Statistics lend credibility (logos). • Emotion and fear work best with passive publics (pathos). • Examples can make situations real or put a face on an issue (pathos). • Drama can get attention (pathos). • Radio and television messages can be more persuasive than print but do not work well with complicated messages (pathos). • Positive appeals are better remembered than negative. • High fear works best when people can take immediate action. Do not arouse fear when people cannot act on the emotion. • Understand the audience. Play to an audience's self-interest. Reinforce favorable opinions. Try to make messages compatible with prior attitudes. • Keep messages simple. Do not make every argument possible. Central Route The central route to persuasion presumes that an audience is in an active, thoughtful state, willing to engage the message actively with an open mind. Communication is direct and to the point. Messages can be logical. A message that focuses on the safety, engineering, and performance of an automobile takes the central route to persuasion. Messages using the central route to persuasion include more facts and logic. Print messages such as brochures, trade journal articles and news reports all take the central route. Peripheral Route The peripheral route is useful when audiences are in a passive state. Passive audiences devote relatively little attention or effort to processing communication. Such audiences become targets of less direct messages. There is more emphasis on Target messages to specific audiences. If an audience is active, messages can be straightforward, direct, logical and factual. If the audience is passive, then a more indirect and entertaining approach is usually advisable. emotion, imagery and symbolism. Messages are likely to be entertaining. An automobile ad takes the peripheral route to persuasion when it shows a motorist speeding along an ocean-side highway. The ad portrays the product as a part of a lifestyle and says little or nothing about its features or benefits. The peripheral route assumes that audiences are likely to tune out a serious message containing a lot of details and logical arguments. Public relations professionals must construct peripheral messages to overcome the audience's passivity and disinterest by grabbing their attention in an entertaining manner while presenting a small amount of information. The usefulness of the elaboration likelihood model in public relations lies in knowing how important choices are about when, where and how to communicate with audiences. PR people must construct messages in a manner suitable for the targeted audiences. If an audience is active, then messages can be straightforward, direct, logical and factual. If the audience is passive, then a more indirect and entertaining approach is usually advisable. At every stage in the communication process public relations practitioners must think about the audiences that they are trying to reach and create appropriate messages. To do otherwise would be to waste a client's money.

SEC (Securities and Exchange Commission)

The Securities and Exchange Commission, or SEC, is a federal agency responsible for regulating financial industries. They review and regulate publicly traded companies to ensure that the companies' practices are not misleading. This is a complex area of law that has seen significant changes in recent years. Public relations practitioners need to become familiar with regulations that relate to corporate communications, including: • • • Timely disclosure Insider trading Quiet registration period Timely Disclosure Companies that sell securities are required to make timely disclosures to the public. The disclosures must be done in a way that give investors time to make important investment decisions. Further, the disclosures must be released to everyone — investors, analysts, the public and others. Public relations professionals who specialize in investor relations should be very careful about when and how they release documents. PR firms often get involved in creating annual reports and planning annual meetings. Legal departments or outside counsel and accounting firms become involved in documentation dealing with financial and other corporate moves during the year. Public relations professionals help create readable and visually appealing annual reports for corporations, which often take on the appearance of glossy magazines. Annual reports can boast about the past successes of a company but should not make statements that allude to the future success of the company. Such information could be construed as a prediction of future performance. SEC regulators disallow such statements because they can significantly affect the value of a stock based on information about future events that are still speculative. Insider Trading Timely disclosures are necessary because of insider trading. Insider trading occurs when someone who has access to information that is not publicly available acts on that information to sell stock, often for great profit. The SEC focused on homemaker guru Martha Stewart after she sold nearly 4,000 shares of a stock that dropped significantly in value the following day. By selling while the stock still had its value, federal prosecutors said she profited by some $45,000. Prosecutors accused her of benefiting from an illegal insider tip that the stock's value was about to plummet and it would be a good time to sell. In a highly publicized trial, a federal jury found Stewart guilty of conspiracy, obstruction and lying to investigators. She served five months in a federal prison. Quiet Registration Period A third area of regulation that PR professionals must understand is the quiet registration period. This time period begins after a company makes a new securities offering, but it occurs before the registration with the SEC has become effective. During that time, the company cannot issue any written communication to sell securities, except for a preliminary prospectus. For PR practitioners, the danger is releasing information that would generate publicity for an upcoming securities offering. Again, companies must avoid communications that would suggest a company's future performance. Historically, the release of information about future products, profits and other business changes have manipulated stock prices. The SEC's goal is to minimize such manipulation by emphasizing factual, historical information and by releasing information to everyone at the same time, rather than by allowing a few people to gain insights ahead of everyone else and profiting from them. In terms of public policy, meaning what is best for the public welfare, actions based on speculation can become disruptive to financial markets. Journalists and public relations officials must also be careful about reporting on banking and investment issues. Reporting based on rumors and speculation concerning the financial industries has historically led to runs on the banks. Words that spark fear among consumers have and can prompt people to withdraw funds from banks, leaving the banks with a huge imbalance in handling bank business. It can also cause people to buy and sell stock, causing dramatic inflation or deflation of stock prices. Any information that sparks fear can prompt countless consumers to act in a manner that adversely affects the life of a company and, consequently, the welfare of its employees. The markets have experienced such havoc in the past, which prompted the regulatory efforts of the SEC and other federal agencies. Financial communications can be a complicated area. PR practitioners should become familiar with the regulations to avoid legal problems. A useful guide is a government publication titled, "A Plain English Handbook: How to create clear SEC disclosure documents" (available free at www.sec.gov/news/extra/handbook.htm). Sarbanes-Oxley One final topic relating to financial communications is the Sarbanes-Oxley Act of 2002, which became law in the wake of several securities scandals. After the collapse of corporate giants such as Enron and WorldCom, Congress acted to help restore confidence in the securities markets. Sarbanes-Oxley requires corporate executives to certify personally the accuracy of financial reports. Public relations practitioners should be aware that corporate executives are exceptionally interested in the corporate documents coming out of the investor relations departments, since the executives now have personal liability if the documents are in error.

Derivative creative works and copyright

When an image or other copyrighted work is changed from the original it is called derivative, meaning it derived from something else. Typically, the new version of a creative work includes aspects of the pre-existing, already copyrighted work. Derivative works can include musical arrangements, movies, art, sound recordings or translations from one language or another. A movie based on a play would be derivative. So might a dramatization of a novel or nonfiction book. Just because an original work is changed in some way does not mean its creator has lost copyright protection. It may not matter if changes to a work are great or small, or whether the new work retains considerable similarity to the original. What matters is whether the creative process began with an existing image. An example of one derivative work that created a copyright problem was an image of Barack Obama by street artist Shephard Fairey titled "Hope." The design became a symbol for Obama's campaign during his first run for the presidency in 2008. Fairey based his design on a photograph by the Associated Press freelance photographer Mannie Garcia. AP demanded compensation for the use of the photo, and Fairey responded that his use of the photo was fair use that didn't reduce the value of the original photograph. AP and Fairey settled the case out of court in 2011. If a work is still protected under copyright it is necessary to seek permission for its use, which usually involves some or considerable expense. Sometimes permission is not necessary if the use of the work qualifies as "fair use" or is a parody of the original work. For example, 2 Live Crew did a rendition of the Roy Orbison song "Oh, Pretty Woman" that resulted in a lawsuit for copyright infringement. The case, Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994), went through the courts and the Supreme Court eventually decided that it was a fair use parody of the original song. In another case, the court said that while parody may be fair use, satire is not. An author mimicked the style of a Dr. Seuss book while retelling the facts of the famous O.J. Simpson murder trial. The book was called "The Cat NOT in the Hat! A Parody by Dr. Juice." The Ninth Circuit Court of Appeals said the book was satire, not parody, because the book did not poke fun at or ridicule Dr. Seuss. Instead, it just used the Dr. Seuss characters and style to tell the story of the murder (Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc., 109 F.3d 1394 (9th Cir. 1997). If the copyright on a creative work has expired and the work has passed into the "public domain," it can probably be used in a derivative work. The image of the Mona Lisa, for example, has been the basis for thousands of derivative works over the years. The same is true of the works of William Shakespeare. This is, however, a complicated area of law and it is wise to seek legal advice, especially if commercial use of a work is planned. It is important to be certain of the copyright status of a creative work.

Food Lion v. Cap Cities/ABC

Basic Facts: The ABC television show Primetime Live aired a critical program about the food handling practices of the grocery store chain Food Lion based on the undercover reporting of two of its investigative reporters, Lynne Dale and Susan Barnett. Food Lion sued, not on the grounds of defamation, but on the basis of unfair trade practices, fraud, breach of contract, etc., because the reporters gained access by getting jobs at Food Lion stores based on false resumes, which most importantly did not mention that Dale and Barnett were also employed by ABC. At the district court level, Food Lion won and was given a minimal amount of money in damages, only $1,402 total, from the two defendants. ABC, on the other hand, was fined over $5 million, though the eventual amount was reduced to a little over $300,000 in post-trial proceedings. However, the court ruled that Food Lion could not recover publication damages—revenue or loss of stock value directly attributable to the publication of the story—because those damages could not be directly attributed to the fraud committed by the defendants. Both sides appealed the decision; ABC argued that they had not committed fraud at all, and Food Lion claimed that they should be awarded publication damages as well. The case eventually made its way to the U.S. 4th Circuit Court of Appeals. Questions: Were ABC's reporters guilty of committing fraud against Food Lion, and if so, was Food Lion entitled to receive compensation for lost profits resulting from the airing of the story? Or could they only receive damages that were attributable to the fraud itself? Decision: The circuit court overturned one part of the district court's decision and affirmed the other two. It decided that the two reporters had not committed fraud, but they affirmed the lower court's decision that they had breached their duty of loyalty and agreed that ABC was not responsible for any lost profits incurred by Food Lion. The latter argument was made on First Amendment grounds, since the claims ABC made on their program were true and therefore not defamatory, regardless of how the information was attained. The court decided that, in order to receive punitive damages, the case had to meet the New York Times standard of "actual malice," which is the publishing or airing something that is known to be false or publishing it with reckless disregard to its truth. According to the court, the defendants could not be found guilty of fraud because the contract they signed upon employment explicitly stated that either party could terminate employment at any time and for any reason. Therefore, Food Lion had to assume the risk of their early departure at the time of employment, and the false pretenses under which they were hired were rendered irrelevant. Ruling: "The question is what was the proximate cause of the issuance of paychecks to Dale and Barnett. Was it the resume misrepresentations or was it something else? It was something else. Dale and Barnett were paid because they showed up for work and performed their assigned tasks as Food Lion employees. Their performance was at a level suitable to their status as new, entry-level employees. . .In sum, Dale and Barnett were not paid their wages because of misrepresentations on their job applications. Food Lion therefore cannot assert wage payment to satisfy the injurious reliance element of fraud. The fraud verdict must be reversed." "In sum, Food Lion could not bypass the New York Times standard if it wanted publication damages. The district court therefore reached the correct result when it disallowed these damages, although we affirm on a different ground." -Justice Michael, Opinion of the Court —Chris Marshall

William Vanderbilt

"Public be damned!" In 1883, reporter John Dickinson Sherman questioned him about why he ran the limited express train: "Do your limited express trains pay or do you run them for the accommodation of the public?" Vanderbilt responded with: "Accommodation of the public? The public be damned! We run them because we have to. They do not pay. We have tried again and again to get the different roads to give them up; but they will run them and, of course, as long as they run them we must do the same." The interview was then published in the Chicago Daily News, but Vanderbilt's words were modified. Several accounts of the incident were then disseminated; The accounts vary in terms of who conducted the interview, under what circumstance and what was actually said. William received bad publicity and clarified his response with a subsequent interview by the Chicago Times. In that interview he was quoted saying: "Railroads are not run for the public benefit, but to pay. Incidentally, we may benefit humanity, but the aim is to earn a dividend"[4]

FTC (Federal Trade commission) penalties

• Regulates and marketing claims • Regulates deceptive messages • Consent order--agreement to stop ads without admitting guilt • Cease and desist--stop within 30 days • Corrective advertising may be required • Fines companies $25 million

Misappropriation

• Legal doctrine is "right of publicity" • Celebrities have the right to cash in their fame • Bette Midler • Russell Christoff One aspect of privacy of particular concern to public relations practitioners is appropriation. Appropriation, or misappropriation, involves using someone's name, image, likeness or voice for commercial purposes without the person's permission. The idea of appropriation is said to be a right of publicity. A person has a right to benefit from lending his or her name or likeness to a product for commercial purposes. This often arises with public figures and celebrities. For example, a person in the business of selling baseballs, gloves and bats could certainly sell more products with a celebrity-athlete's name attached to them. New York Yankees third baseman Alex Rodriguez is a good example. Rodriguez has a right of publicity, a right to decide what products to endorse. So, how would one obtain that endorsement? It would likely involve a large monetary payment. Without his permission, however, the baseball equipment business would be in danger of being sued by Rodriguez for appropriation. A dramatic example of a misappropriation case involves Russell Christoff and Nestlé, the company that makes Taster's Choice coffee. In 1986, Christoff was a model who posed for some photos for Nestlé. He received $250 for the photo shoot and his contract specified future payments if Nestlé used the images on its products. Christoff never heard from Nestlé and assumed nothing had come from the photo shoot. Russell Christoff 298 Then in 2002, a woman told Christoff that he looked just like the man sniffing a warm cup of coffee on the label of Taster's Choice package. Unfamiliar with the product, he sought it out on the shelves and recognized himself from the photo shoot nearly 16 years before. A jury awarded him $15.6 million because Nestlé had used an image of Christoff without his permission. After the trial, Nestlé officials said they thought they had Christoff 's consent to use the image. However, in 2007, a California appellate court limited the award to $330,000 in actual damages. In 1988, Bette Midler won a $400,000 award from Ford Motor Company for appropriation of her voice. Ford had secured permission to use Midler's hit song, "Do You Want to Dance?" but they also wanted her to sing in their car commercial. When she refused the offer, the automobile company then went to Midler's long-time backup singer and asked her to sing in the commercial, and to try to sound as much like Midler as possible. The U.S. Court of Appeals for the Ninth Circuit held in the decision that "when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs..." The Court expanded the concept of appropriation to include the protection of one's distinctive voice. Also, the Court found that the public would likely think it was Midler singing in the commercial and the great potential for that confusion is why Ford lost. Ford did have permission to remake the song because they got permission from the copyright owner of the song (more on copyright later in this chapter). The lesson for public relations is that practitioners cannot use the images, likenesses and voices of people without their permission. It is always safest to have a signed agreement. Imitation in this case is not flattery; it could be appropriation of identity and result in substantial legal liability.

George Creel

A journalist named George Creel headed the Committee on Public Information, known as the Creel Committee, during World War I. The Creel Committee created propaganda directed at the American public. Edward Bernays worked with Creel and became impressed by the effect that a well- orchestrated information campaign could have on public opinion. When the war ended, Bernays decided to use the promotional skills he had learned during the war for peacetime purposes, such as helping businesses to promote themselves. Elmer Davis, another former journalist, played a similar role during World War II, heading the Office of War Information. Besides handling war news for the home front, the OWI launched an information and propaganda campaign overseas. One of the legacies of Davis' work was the creation of the Voice of America in 1942, a system of broadcasting to foreign countries that still exists today. http://www.voanews.com/

Creative Commons

A nonprofit organization, Creative Commons, is encouraging creators to consider an alternative to copyright law. Under traditional copyright law, a copyright owner has the exclusive right to a work and every time someone wants to use it or alter it, he or she must seek permission. Under the Creative Commons model, creators would retain some rights but allow anyone to use the works under certain conditions. For example, a rock and roll band would allow anyone to use part or most of its song without permission, so long the band is credited and the new work is not created for profit. Such works would be marked with a symbol similar to the copyright symbol, but instead of one © in a circle, it would have (cc) in a circle, and "Some rights reserved." Creative Commons also provides for creators who do not want to reserve any rights over the work. The symbol for that is the same as above with "No rights reserved." This means that anyone may use the work for any purpose, whether for profit or not. The founders of Creative Commons argue that this alternative is needed to encourage creativity and avoid legal liability under current copyright law.

Intellectual property: trademark

A trademark is a word, name, symbol or design used to identify business products. Advertisers use trademarks to clearly identify products and avoid confusion with similar products. Trademarks are customarily accompanied by this symbol: TM. Examples include the Honda "H" on its automobiles and the "N" on New Balance shoes. The trademark covers the distinctive style of these letters, not the letters themselves. In other words, the stylized letters are recognized and associated with the brand. Words, logos, slogans, and most everything else associated with branding falls under trademark. The symbol ®‚ can also identify trademarks. It means that the trademark is registered with the U.S. Patent and Trademark Office. The symbol SM identifies service marks, which protect a service that a company provides. Interestingly, the courts have ruled that a competitor may use trademarks, such as in an advertisement, without permission. For example, in soft drink advertisements that purport to be taste tests with regular people, the participants choose the product of the company putting on the advertisement. Does Pepsi, for example, have to get permission to use the name and trademark of Coca-Cola? Did the authors of this book have to get permission to use Pepsi and Coca-Cola in this sentence? The answer to both questions is the same: No. The First Amendment permits some use of a trademark, courts have ruled, so long as there is no altering of the trademark. Corporations spend considerable time, effort and money protecting their trademarks. Xerox, for example, is ever vigilant about protecting its name and making sure that others use the name properly — as a noun. Therefore, when they see inappropriate references to their company — such as referring to making copies as "Xeroxing" — they send letters admonishing the offender. Xerox also places advertisements in trade publications to show they are defending their brand name and trademark. Under Armour sued Nike in 2013 for trademark infringement. Under Armour alleged that Nike used Under Armour's advertising phrase, "I Will" in recent advertisements. In the complaint, Under Armour said that Nike launched an advertising campaign for its performance apparel, footwear, accessories, sporting goods, and related services that appropriates 'I WILL' prominently, repeatedly, and in a format and context that imitates Under Armour's longstanding use of its iconic I WILL trademark/tagline for these same types of products and services. Under Armour sought to stop Nike from using the phrase and asked for punitive damages. In 2014, the two corporations settled the dispute "on a confidential and mutually agreeable basis." In other words, the terms of the agreement were not disclosed. "The Associated Press Stylebook" discourages reporters from using a trademarked word unless it is essential to the story. For instance, if the story involves a Dumpster, a large, metal trash bin, the reporter should use the trademark term only if such use is necessary for the story. If not, he or she should use the generic term — large, metal trash bin. The Stylebook substitutes real estate agent for Realtor, which is not a generic word for people who sell land and is a trademark for a licensed member of the National Association of Realtors. PR writers should refer to the Stylebook for guidance in using trademarks. Some companies have lost trademarks, in part, because they failed to vigorously defend them. For example, aspirin, trampoline, and zipper were all protected trademarks until they fell into common use and could no longer receive protection as trademarks. A good resource for checking on current and lapsed trademarks is the International Trademark Association (inta.org). Composed of trademark owners around the world, the nonprofit organization maintains a list of trademarks on their website and words that have fallen into the public domain. When considering a lawsuit relating to trademark infringement, the courts look at such issues as: • How unique is the trademark? A strong, distinctive trademark would be easier to protect. • How similar are the trademarks? • How similar are the products or services offered by the two companies? If companies are in completely different industries, it might be less of an issue than if they sell the same products or services. • How likely are consumers to be confused by the similarity of trademarks? Evidence of actual confusion helps build the case. • Do the companies use the same marketing channels? If products are sold in similar stores and are promoted in similar ways, it would increase the likelihood of confusion among consumers. • What was the defendant's intent in selecting the trademark? Was the defendant hoping to capitalize on the reputation and brand of the plaintiff? Was there an intent to confuse consumers? • What steps were taken by the plaintiff to protect the trademark? Was it registered?

Agenda setting theory

Agenda setting theory is based on the idea that media do not tell people what to think. They do influence what people think about. The stories that appear in the newspaper and on television newscasts are the stories that people believe are most important. Journalists set the agenda by deciding which stories to cover and how to cover them. If the media ignore a story, it likely will be invisible to most of the public. The Internet, blogs and social media are democratizing the storytelling process to a degree, but most people still rely on traditional media for news. Agenda setting theory proposes that media are influential in two ways: 1. Media influence issue or product awareness. If the media cover a story, it generates considerable publicity and awareness of the issue or product increases. 2. Media influence issue salience. Salience is the prominence or importance of something. An issue gains status or prominence if the media cover it. Journalists cover only a small number of stories each day because of the limitations of print space and broadcast time. If a story is important enough to cover, it gains prominence. Agenda setting theory says that media do not tell people what to think. Agenda setting theory is important in public relations because PR people spend a lot of time trying to manage the awareness and salience of stories. Getting the media to cover a story can result in substantial free publicity for a client. Achieving the same coverage through paid advertising could be outrageously expensive if it is possible at all. If a story about a client is positive, public relations will try to persuade the media that the story is important enough to cover. If a story is negative, PR people may try to downplay the importance of the story to minimize its salience and the awareness that would come from negative press coverage.

Aristotle's components of persuasion

Almost 2,500 years ago, the Greek philosopher Aristotle outlined three critical components of persuasion. They are still important today. 1. Ethos 2. Logos 3. Pathos Ethos is an appeal based on the credibility of an Aristotle 274 information source. Does the speaker have expertise? Is there evidence of sincerity, wisdom, virtue and good will? Is the source trustworthy? If the source is not believable or credible, then the recipient regards the message with suspicion. How does public relations establish ethos? The use of testimonials and spokespeople is a common strategy. Physicians, engineers and experts of all sorts lend credibility to a message. Public relations will often suggest experts for the media to use as information sources for stories. A political campaign that focuses on the style, experience and character of a candidate is another appeal to ethos. Logos is an appeal to logic or reason. Why, rationally, should someone believe a message? What facts or evidence exists to support a claim? Organizations often supply research data to substantiate claims. Election brochures that outline the positions of candidates on major issues use an appeal to logos. Logic works best with active audiences who are willing to engage with a message on a more intellectual level. Gary Orren, a professor of public policy at the Kennedy School of Government at Harvard University, reflected on the 2000 campaign for president of the United States. Orren's analysis of campaign messages found that George W. Bush's messages appealed heavily to ethos. The messages of Bush's opponent, Al Gore, appealed more to logos. In that campaign, messages about candidate credibility resonated more effectively with voters than appeals to logic. What works best changes over time. One cannot assume that a campaign strategy that works well in one campaign will do so again, because of complicated changes in the larger political and economic environment. Voters are looking for one thing today and something else tomorrow. Pathos is an appeal to emotion. Fear, pity, love, hate, anger, patriotism, and loneliness are emotions that resonate strongly with people. Pathos plays on those emotions to arouse an audience. Advertisements often use emotion combined with drama and visuals to reach consumers, rather than explaining the detailed specifications of a product. Consumers see the product used by young, happy consumers. A candidate who tries to manipulate emotions by playing on the fears of voters is using pathos. Propaganda is often pathos-driven. Many people thought President Ronald Reagan was a master of pathos. He told stories to illustrate points that registered emotionally with audiences. Properly done, pathos can make an argument more vivid and memorable. Audiences may not remember the exact details of a logical argument, but they often remember a compelling story that illustrates the point. Aristotle believed that persuasive rhetoric should contain all three appeals — ethos, logos and pathos. A politician speaking in a debate, for example, would attempt to establish credibility based on his experience (ethos), suggest some specific positions or reasons why he is the preferable candidate (logos) and tell stories or give examples that would illustrate points in a memorable way that taps into the audience's emotions (pathos). A public relations practitioner can try to integrate all three types of appeals into messages to make them more persuasive and memorable.

Arthur Page

Another important figure in the history of corporate public relations was Arthur W. Page, vice president of public relations at AT&T from 1927 to 1946. Page advanced the acceptance of public relations as a management function. He insisted that he would only take the job at the telephone company if he were involved in policymaking at the highest level of the company. He helped PR to gain acceptance as part of the dominant coalition in the executive suite of large corporations. Like Ivy Lee, Arthur Page espoused a philosophy of public relations that included these guidelines (prmuseum.org): • Tell the truth. • Prove it with action. Listen to the customer. • Manage for tomorrow — anticipate the future. • Conduct PR as if the whole company depends on it. Consider PR impact of all actions in advance. • Convince employees that public relations is everybody's job in the corporation. • Remain calm, patient, good-humored.

Uses and Gratifications theory

Audiences come to media for different reasons and play an active and goal-driven role in choosing media. The same people might watch television with a variety of different goals in mind. They might want to see a weather forecast for Saturday to plan their weekend; watch an old movie for entertainment; tune into a cable news channel to hear a discussion; or watch a cable TV shopping channel to make holiday purchases. In the same way, they have a variety of reasons for reading newspapers or magazines, listening to the radio and surfing the Internet. Uses and gratifications theory tries to explain why people use media. This is relevant in public relations because professionals must tailor messages to the needs of audiences to whom they direct them. It is important to understand why people use a particular medium and a particular vehicle within a medium. Medium is the singular word for media. Television is a medium. Radio, newspapers, magazines, books and the Internet are each a medium. More than one medium becomes the plural — media. A media vehicle is the particular magazine, radio station, television program, book title or Internet site. If someone watches "South Park" on television, for example, then television is the medium and "South Park" is the vehicle. There should be a match between messages and media. If a particular media vehicle, like "South Park," is light entertainment for people seeking to relax, the audience might not welcome a serious message and could ignore it, leave the room or change the channel. An amusing message promoting a popular consumer product would be a better fit and more appropriate to the tone and content of the media vehicle in which the message appears. A message with more serious content would work better if placed in a newscast or other informative media vehicle. People use media for five reasons, according to uses and gratifications theory: Cognitive needs. Media allow us to monitor our environment and events around us. News and weather are classic examples of this use of media. Media also help consumers learn about products and services to inform their purchase decision- making. Watching a quiz show such as "Jeopardy" on television or doing an online search using Google to find information on a particular topic are other examples of using media to satisfy a cognitive need. This is sometimes referred to as using media for surveillance. Media are used to learn about what is happening in the world. We use media sources to gather information that is useful or interesting to us. Affective needs. People watch television soap operas or telenovelas because they enjoy the emotional content. Romance novels serve the same purpose. They stimulate and offer release to emotions. The media offer characters in situations that audiences can identify with on an emotional level. The media content, in a way, provides companionship and a sense of camaraderie, especially for people who are lonely or alone. Personal integrative needs. This is a self-esteem need. People expose themselves to media messages that reinforce their sense of themselves, their status in society, or that of reference groups with which they like to identify. One might read ashion or home decorating magazines that illustrate the person's life style, or the life style to which they aspire. Media also help people to interpret or understand what is happening in the world. People who watch conservative Fox News or liberal MSNBC on television are seeking not just news but also political and social interpretation of the meaning of stories. Social integrative needs. Human beings are naturally gregarious. We have a need to be social and connected. Media plays an increasing role in this connection process. Texting and email permit connectivity even when separated. Social media enable people to trade stories and images with friends and family who live far away. Social connections once mostly happened in person. Today they are increasingly mediated. There is much debate about whether this is good or bad for the individual and for society, but it is the reality of life today for many. Tension-free needs. Everyone needs to escape from the stresses of daily life. Media provide vehicles for relaxation, entertainment and diversion. Each individual has a preference with regard to media escape of choice. For some it is television, video games, audio, print or online content. The classic example would be the couch potato watching sports or a movie on TV, or friends playing video games together. For many people, this is probably the most important use of media.

Engineering of consent

Bernays expanded the profession of public relations into the more ambitious and controversial realm of seeking to influence and change public opinion and behavior. He founded "modern" public relations. He coined the phrase "the engineering of consent," based on Thomas Jefferson's statement that "in a democracy everything depends on the consent of the people." Bernays believed that a persuasive program of public relations could "engineer" the consent of the people.

Libel: publication

Communicating the defamatory statement is also pretty straightforward. The false statement must be published or broadcast so that people — other than the speaker and the victim — read, see or hear the defamatory statement. In cases involving the mass media, this is usually easy to show — a newspaper article, a television broadcast or a post on a website are all examples of "publication." Though new technologies sometimes raise new legal questions, it is important to note that social media networks, such as Twitter and Facebook, are not immune to libel laws. Statements posted on networks like these easily meet the publication criteria and may be libelous if the other elements are proven.

Intellectual property rights:

Copyright Patent Trademark Trade Secret

Libel: false statement

Defamation involves a false statement that harms a person's reputation. Accusing someone of murder or of having a contagious, loathsome disease are examples of defamation. Remember, to meet the first test of libel, the statement must be false, meaning that the person is not, in fact, a convicted murderer or infected with the disease. There are two types of defamatory statements: libel per se and libel per quod.

Edward Bernays

Edward Bernays named and literally wrote the book on public relations. Activities that we now call public relations were termed propaganda until almost the mid-20th century. German use of the word propaganda in both World Wars made that word unpopular. Bernays coined the phrase public relations counselor as an alternative name for the profession. He viewed PR professionals as comparable to attorneys, counseling clients. Bernays wrote several books about public relations, including "Crystallizing Public Opinion" in 1923 and "The Engineering of Consent" in 1955. He also taught the first university course about public relations at New York University in 1923. He lived to be 103 years old and had a profound influence on the evolution of the profession. He was still active giving speeches and offering professional advice after he reached age 100. Bernays expanded the profession of public relations into the more ambitious and controversial realm of seeking to influence and change public opinion and behavior. He founded "modern" public relations. He coined the phrase "the engineering of consent," based on Thomas Jefferson's statement that "in a democracy everything depends on the consent of the people." Bernays believed that a persuasive program of public relations could "engineer" the consent of the people. Bernays believed that the consent of the people could be "engineered" through a persuasive program of public relations. To understand how Bernays approached the practice of public relations, it is important to know that his uncle was Dr. Sigmund Freud, a pioneer in the field of psychoanalysis. Bernays communicated often with Freud and took the innovative approach of applying modern social science methods to the practice of public relations. He believed that by using psychology, one could better understand public opinion and design communication programs that achieved the desired public responses. Some of his critics said that "engineer" really meant manipulate and accused Bernays of manipulating public opinion. Bernays believed in what communication theorists now call the two-step flow of public opinion. He felt it was most important to target and persuade opinion leaders who, in turn, would influence the opinions of the masses. Information would flow first to opinion leaders and then down to the masses. Bernays had a negative opinion of the public. The masses, Bernays said, did not want to think for themselves and were ready to accept opinions from better-informed opinion leaders. The challenge of public relations was to communicate effectively with those leaders, then let their opinions filter down and shape the views of the masses. Two Step Flow: Opinion Leaders Public Opinion One example of the use of psychology to change public opinion was a campaign Bernays created for the American Tobacco Company in 1928. American Tobacco was frustrated that society regarded it as improper for women to smoke, especially in public. To expand its market, the tobacco company hoped that Bernays could change the negative perception of cigarette smoking by women. Bernays realized that it was not sufficient to advertise to women or to show women in ads with cigarettes. A social stigma required change, and society's ideas about cigarettes and women had to change before a marketing campaign could become effective. On Easter Sunday, 1928, Bernays convinced a group of New York socialites to walk down Fifth Avenue in the Easter parade. In front of press cameras, the women lit up and declared that the cigarettes were "torches of freedom." This act transformed cigarettes into symbols of woman's suffrage and liberation. Even years later the cigarette brand Virginia Slims continued to use that strategy, promoting its cigarettes with slogans like, "You've come a long way baby." Almost overnight, because of Bernays' staged event, women smoked in places where they had not been permitted to smoke before, and cigarette sales increased by 300 percent in the next several years. For Bernays, it was important to understand first why women did not smoke and then to make it socially acceptable for them to smoke. He felt that it was pointless to advertise cigarettes to women until the stigma against smoking ended. Applying psychology helped Bernays to understand the problem and to develop a creative strategy for solving it. An important figure in the life and career of Bernays was his wife Doris Fleischman. She worked closely with him on many public relations campaigns, although she was invisible to clients. Corporate clients at the time were uncomfortable working with women in business. Bernays did much of the direct contact work with clients, while Fleischman handled details of the campaigns in the background.They were an unusual couple for the time because both worked, they never had children, and Fleischman chose to keep her own name. She is sometimes called the "mother" of public relations, just as her husband gets credit for being one of the fathers of the profession. Bernays envisioned full professional status for public relations practitioners, similar to lawyers and doctors. He wanted states to license PR professionals and require rigorous training and screening tests. He was disappointed that it never happened and frequently complained that anyone could set up shop and call him or herself a public relations counselor.

Selective perception

Everyone has attitudes, opinions and beliefs through which we interpret incoming messages. Selective perception involves the interpretation of a message, which can differ from person to person. Sometimes receivers interpret messages differently from what the message source intended. It is likely that any large group of people will interpret or perceive a particular message somewhat differently from one another. Each individual applies his or her experience, knowledge and attitudes to the process of interpreting of the message. Some people will perceive the message much as the source of the message intended. Others might take away a completely different meaning from the same message. For public relations, the challenge of selective perception is to transmit a message accurately from source to receiver without too many changes in the meaning. The construction and delivery of messages must enable target audiences to understand them accurately. If a message contains information that conflicts with our behavior or beliefs, a state of cognitive dissonance or discomfort exists. Until the resolution of this dissonance, we feel uneasy. There are several ways to deal with information that makes us uncomfortable. We can discount the credibility of the source of information or the accuracy of the information itself. We can rationalize that the problem does not apply to us or we can change our beliefs to fit the new information. If a new car buyer reads in a newspaper that a leading product safety group found the model just purchased unsafe, the consumer experiences cognitive dissonance about the purchase. He or she can resolve the dissonance in several ways. The consumer might say that the testing methods used were unrealistic and unfair. Automobile manufacturers often use this strategy when confronting a challenge to one of their products. Some consumers will believe it. A consumer might also rationalize that he does not drive in the manner that would trigger the product defect, again rendering the information irrelevant. Finally, the consumer might accept the information as true and regard the purchase as a mistake. He might try to sell the vehicle or get his money back. All of these strategies would enable the consumer in this example to resolve the state of cognitive dissonance.

Feedback

Feedback is return communication from receivers to the source of a message. In interpersonal communication, feedback could be a head nod, a yawn, a question or laughter. Feedback helps message sources determine whether message transmission, understanding and acceptance occurred. It gives the source the opportunity to modify future communication to make the connection between source and receiver more effective. Some feedback in public relations is immediate, such as one-on-one discussions and speeches to small groups. Politicians in a live debate get immediate feedback from a studio audience. If it is a televised debate, however, the candidates cannot see the television audience to gauge understanding and acceptance of messages. This delays the feedback in mass communication, and it could take hours or days to measure — political polls published the day after a debate are an example of delayed feedback. Voting, public opinion polls, television ratings and product sales could all be examples of delayed feedback to the source of a message.

Al Franken

Fox news sued Al Franken because his book... It was a civil lawsuit filed in the United States District Court for the Southern District of New York on August 7, 2003. Fox News Channel, the plaintiff, sought to enjoin Al Franken from using Fox's trademark phrase "fair & balanced" in the title of his then-forthcoming book, Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right. Judge Denny Chin denied Fox's motion for injunction on August 22, and the network dropped the suit three days later.

Libel: identification

Identifying the intended victim is fairly straightforward: The person targeted by the defamatory statement must be identifiable so that people who hear or read the statement know to whom the statement refers. Identification usually happens by name or nickname. But, if the identification is very general in referring to the woman with the blue hat, for example, then it may not meet this test. Most people might not know to whom the defamatory statement refers. Or, if the statement is about a group that is so large — say all the police officers in a major metropolitan city — then the statement cannot reasonably be understood to apply to any particular police officer. A writer cannot avoid a claim of defamation by changing a character's name to a fictional one, if the person is still readily identifiable by a large number of people. Sometimes people will see themselves in a character in a book even if others are not able to readily make that identification. In Carter-Clark v. Random House, Inc., for example, an individual sued the publisher Random House over a passage in the 1996 book "Primary Colors." The individual claimed that even though she was not named in the book, she was identifiable from the disparaging description of a minor character in the novel. The judge ruled against the plaintiff in the case saying that she had not proved her claim that she was identifiable. The judge said, "the description of the fictional character must be so closely akin to the real person claiming to be defamed that a reader of the book, knowing the real person, would have no difficulty linking the two. Superficial similarities are insufficient."

Cognitive dissonance

If a message contains information that conflicts with our behavior or beliefs, a state of cognitive dissonance or discomfort exists. Until the resolution of this dissonance, we feel uneasy. There are several ways to deal with information that makes us uncomfortable. We can discount the credibility of the source of information or the accuracy of the information itself. We can rationalize that the problem does not apply to us or we can change our beliefs to fit the new information. If a new car buyer reads in a newspaper that a leading product safety group found the model just purchased unsafe, the consumer experiences cognitive dissonance about the purchase. He or she can resolve the dissonance in several ways. The consumer might say that the testing methods used were unrealistic and unfair. Automobile manufacturers often use this strategy when confronting a challenge to one of their products. Some consumers will believe it. A consumer might also rationalize that he does not drive in the manner that would trigger the product defect, again rendering the information irrelevant. Finally, the consumer might accept the information as true and regard the purchase as a mistake. He might try to sell the vehicle or get his money back. All of these strategies would enable the consumer in this example to resolve the state of cognitive dissonance.

Bette Midler

In 1988, Bette Midler won a $400,000 award from Ford Motor Company for appropriation of her voice. Ford had secured permission to use Midler's hit song, "Do You Want to Dance?" but they also wanted her to sing in their car commercial. When she refused the offer, the automobile company then went to Midler's long-time backup singer and asked her to sing in the commercial, and to try to sound as much like Midler as possible. The U.S. Court of Appeals for the Ninth Circuit held in the decision that "when a distinctive voice of a professional singer is widely known and is deliberately imitated in order to sell a product, the sellers have appropriated what is not theirs..." The Court expanded the concept of appropriation to include the protection of one's distinctive voice. Also, the Court found that the public would likely think it was Midler singing in the commercial and the great potential for that confusion is why Ford lost. Ford did have permission to remake the song because they got permission from the copyright owner of the song (more on copyright later in this chapter). The lesson for public relations is that practitioners cannot use the images, likenesses and voices of people without their permission. It is always safest to have a signed agreement. Imitation in this case is not flattery; it could be appropriation of identity and result in substantial legal liability.

Intellectual property: copyright

In 2012, a public relations firm in Michigan created a sing-along video titled Pure Michigan to promote the state. The PR firm handling the work, Status Creative, debuted the video at Ford Field during the Detroit Lions home opener. Remarkably, the video went viral on YouTube and was quickly seen by two million viewers. Unfortunately, the video had to be pulled from YouTube because of a copyright claim. The PR firm had cleared the use of the song by the composer and recording company, but not the music publisher, a secondary copyright holder. Gaining all the rights to a song, image, words or other creative product is critical if a public relations firm wants to avoid being thrust into a similar mess. Another copyright issue is the duplication of the works of others as part of a marketing effort. An automobile dealer might be excited to see an article in a national magazine that extols the virtues of a car model handled by the dealership. The dealer decides to reproduce the article and put copies on the showroom floor for prospective customers. This would be a copyright violation if the dealership did not obtain permission to duplicate the article, which almost certainly would have involved some expense. In the digital age it is easy to forget that just because it is easy to copy and paste or scan and print something, it is often not legal to do so, especially for any sort of commercial purpose where someone is seeking to make money. In general, an individual may download content only for personal, non-commercial use. All other uses probably require formal, written permission from the content creator. Such permission would generally be required to share the content by placing it on a local-area network or making it accessible digitally to clients or account teams. All of these uses are considered commercial use of the content. The exception would be fair use, which includes "criticism, comment, news reporting and research" for educational purposes. Copyright and trademark fall under an area of law called intellectual property. Copyright is meant to protect creative works so that the creator may benefit from his or her hard work. In fact, copyright law has a long American tradition. The original U.S. Constitution included a provision granting Congress the power to protect creative works through copyright. While copyright law has changed significantly since the founding of the United States, the Copyright Act of 1976 is the basis of modern copyright law. Even so, the innovations in digital technology have exceeded the limits of copyright law and some legal scholars predict that a sea change in copyright law is imminent. The purpose of copyright is twofold — to protect creative works and to encourage innovation so that society benefits. We can copyright many things, including books, movies, poems, photographs, songs, videos, computer software, newspapers and websites. Copyright law protects works that are "fixed in any tangible medium of expression." Work printed so that others can read it, or displayed on a screen so that people can view it, are examples of tangible works. There are, however, limits to copyright. It does not protect ideas or history. For example, if a major earthquake claimed many lives and destroyed a city, a media outlet that reports on the disaster may copyright its account of the disaster. Copyright cannot protect the details of the disaster, such as the number of people killed and the amount of property destroyed. Copyright notices usually occur at the beginning of a book and include this symbol: ©. This means it is a protected work and one must obtain permission to use any part of the work. Getting permission often involves payment or a portion of the profits of the new work. Another example of copyrighted work relates to sporting events. At some point during the broadcast of a baseball game, announcers will inform the audience that Major League Baseball requires permission to rebroadcast or duplicate the images and accounts of the game. This is true of the other major professional sports as well. Public relations practitioners work hard to come up with promotional themes for campaigns, new products or a company's services. They must use great care in making sure that promotional themes are not someone else's property. PR firms also will want to advise clients concerning what creative work from public relations and advertising efforts copyright should protect. Here is a list of things to avoid doing when it comes to public relations use of copyrighted material: • Don't copy an entire article and email it to a distribution list or place it on a network where others can access it. It is so easy to do this today that it seems harmless, but it can easily qualify as copyright infringement, especially in the context of a business sharing the content. • Don't share a paid publication pay-wall password, such as the password to access the online edition of a newspaper or magazine. • Don't photocopy an article to distribute for sales purposes without formal, written permission from the copyright holder. This often requires paying for the rights. • Don't quote even short excerpts from copyrighted material without fully identifying the source. Be especially careful about quoting extensively from any copyrighted content without permission, because the question of whether a copyright has been infringed can hinge on how much (the percentage) of the publication was shared. • When posting an excerpt from another source on a blog or website, only use it to illustrate a point and always identify the source and link to it.

New York Times v. Sullivan

In New York Times v. Sullivan (376 U.S. 254, 1964), the U.S. Supreme Court defined actual malice as knowingly publishing a false statement, or publishing it with reckless disregard for the truth. This is a difficult standard to prove, and it makes it harder for public officials and public figures to prevail in libel lawsuits against media defendants. In its opinion, the Court reasoned that American citizens rely on the First Amendment to criticize public officials. The Court ruled that allowing officials to prevail in libel suits too easily would limit free speech.

Libel per se

Libel per se means that the words themselves harm a person's reputation, such as falsely calling someone a murderer. Per se in Latin means "in itself " or "on the face of it." This means the words themselves are so harmful to a reputation that it isn't necessary to prove malice. For example, to say that someone is a cheat, is incompetent in his or her profession, has a loathsome disease or is immoral are all examples of libel per se. The damage to someone's reputation is obvious. The person subjected to libel per se does not have to prove damage to her reputation.

Muckraking cont.

Like the muckraker in Bunyan's story, Roosevelt thought journalists focused so much on misconduct that they could not or would not see the many positive things that went on around them at the same time. In a speech on April 14, 1906, Roosevelt said: "Now, it is very necessary that we should not flinch from seeing what is vile and debasing. There is filth on the floor, and it must be scraped up with the muck rake; and there are times and places where this service is the most needed of all the services that can be performed. But the man who never does anything else, who never thinks or speaks or writes, save of his feats with the muck rake, speedily becomes, not a help but one of the most potent forces for evil." Nellie Bly, a newspaper journalist, wrote about child labor --unfair working conditions and low wages

Media dependency theory

Most people depend on media sources for their information. It is difficult, if not impossible, for each individual to research and verify all of the information we receive or need. When a major story happens, for example, most people will read newspapers, watch television or search the Internet for information. Many people also come to depend on particular sources of information for commentary and analysis about the news. A conservative individual, for example, may seek out Fox News and Bill O'Reilly to get facts and insights about an event. Liberal viewers may gravitate to MSNBC and Rachel Maddow, Chris Matthews or Al Sharpton for their take on news events. Politics, then, becomes a convenient way for news organizations to market themselves to the public. Media dependency theory has a close connection with agenda setting theory. If people depend on media for information, then that empowers the media to set the agenda. Media decisions about which stories to cover and how to cover them determine what most people know about a story. Most people do not have the time, skills or inclination to research stories themselves. They accept the media's coverage as a reasonably reliable source upon which to base their knowledge and opinions about events around the world. Public relations practitioners should understand that media largely set the agenda and also determine what information many people will have access to about a story. If something terrible happens and a company experiences a public relations crisis as a result of it, the best strategy is definitely not to hide from the media. First, the story is likely to be big news for the media. Lots of stories are going to be generated, and they will hit social media almost instantly, with other media reports following only a short time later. What the public learns about the crisis is going to come from the media. If a company refuses comment, then their facts and their side of the story won't get reported. The story may well contain factual errors and damning quotes with no offsetting information from the company. It is a far better strategy to try to get ahead of a story, share what facts are available, and assure the media and public that updates will be forthcoming as soon as new information is available. This approach accepts the fact that media set the agenda and are the primary conduit for information to the public.

Semantic Noise

Noise is anything that interferes with the effective transmission of a message from the source to the receiver. Noise could be physical, such as a poor telephone connection, or it could be semantic. Semantic noise occurs when a message is poorly conceived or developed, badly worded, or uses words that receivers do not understand. Semantic noise commonly occurs when a message is badly translated from one language to another, or when a message contains a lot of technical jargon that many receivers of the message do not grasp.

Slander

One commits libel by damaging a person's reputation in the public eye. Traditionally, libel has referred to written defamation, while slander involved spoken defamation. Today, libel is the broader term and encompasses both written and spoken defamation. Defamation involves harming the reputation of a person or company with a false statement. In a successful libel lawsuit, the following libel elements must be present and proven: 1. There was a written or oral communication that is false and harms the reputation of a person, company or product. 2. The communication identifies the intended victim. 3. The communication was disseminated to at least one other person other than the accused and the victim. 4. There was a level of fault, either actual malice or negligence, on the part of the accused. 5. There is proof of damages.

Difference between propaganda and PR

One definition of public relations is the "deliberate and planned effort to influence public opinion and policies." How does that differ from propaganda? Often the answer is just a matter of perspective. If an enemy engages in mass persuasion, we label it propaganda. If a friendly government engages in the same practices, we call it public relations or public information. It can be a matter of point of view. Anthony Pratkanis and Elliot Aronson (2001) observe that the question of whether something is propaganda or just information is often "in the eye of the beholder."

Joice Heth

One example of a Barnum fraud was his promotion of former slave Joice Heth. Barnum claimed that Heth was 161 years old and had been nanny to George Washington. An autopsy conducted after Heth's death proved that she was only about 80. Barnum's association with such outrageous claims secured his image as press agent, huckster and promoter. He influenced the evolution of the public relations profession with his imaginative approach to promotion.

George Westinghouse

One of the earliest examples of corporate public relations occurred in the 1890s. The companies of Thomas Edison and George Westinghouse competed fiercely with each other over the adoption of a standard for electric systems in the United States. Edison General Electric Company controlled patents and promoted a direct current system, or DC. The Westinghouse Company developed and acquired patents for an alternating current or AC system. Only one system would prevail to become the national standard because the systems were incompatible. Both companies tried to persuade legislators, investors, community leaders and the public that their system was preferable. One strategy used by Edison was a fascinating example of public relations. In 1888, the State of New York decided to switch from hanging to using the electric chair for executing condemned criminals. Electrocution seemed faster and more humane. The state chose the AC system of Westinghouse to power the first electric chair. Edison used scare tactics to try to persuade the public that AC power was so dangerous, even lethal, that it was the "executioner's current." Westinghouse took legal action to try to prevent the use of his AC system for electrocutions. In the end, AC current technology was adopted for both electrifying cities and powering the electric chair. The decision was based on the inherent technical merits of AC over DC technology for large-scale electrification. The public relations campaigns of the two competitors probably factored little in the outcome.

P. T. Barnum

P.T. Barnum is famous for having said, "There's a sucker born every minute." Some Barnum historians say that it was actually Barnum's competitor who said it, but somehow the statement became attached to Barnum and stayed with him ever since. arnum was the master showman. "Life" magazine named him as one of the 100 most important people of the millennium, dubbing him "the patron saint of promoters." He is associated with hype — the aggressive promotion of people or events making shrewd use of media and other techniques. Barnum mastered the use of the staged event — events created just to give reporters something to report. Today these are often called PR stunts. Barnum created the largest circus of his time and eventually collaborated with others to create the Ringling Brothers Barnum and Bailey Circus. A tradition of the circus was to parade down "Main Street" in towns across the country to generate interest and publicity for the circus. That is an example of a staged promotional event. No newspaper wants to give away free advertising, but having elephants, clowns and acrobats parade down Main Street is a difficult story to resist. The goal was to create an event that was newsworthy for local newspapers to cover and photograph, giving the circus free publicity. Puffery refers to advertising claims that no one takes seriously. No one believes, for example, that polar bears drink Coca Cola at Christmas time. We permit advertisers to use some exaggeration to enliven their messages. P.T. Barnum, however, developed a reputation for going beyond puffery to outright lies to promote his events. He gets credit for being partially responsible for the negative image of public relations. One example of a Barnum fraud was his promotion of former slave Joice Heth. Barnum claimed that Heth was 161 years old and had been nanny to George Washington. An autopsy conducted after Heth's death proved that she was only about 80. Barnum's association with such outrageous claims secured his image as press agent, huckster and promoter. He influenced the evolution of the public relations profession with his imaginative approach to promotion.

Libel per quod

Per quod means "whereby" in Latin. The defamation is not obvious at first glance and additional facts are needed to clarify the circumstances and make clear why defamation may have occurred. The defamation in this case is not explicitly stated, as with libel per se. The classic example of libel per quod happened in Fellows v. National Enquirer (42 C.3d 234, 1986), a California Supreme Court case involving a television producer and actress Angie Dickinson. The National Enquirer published a photograph of Arthur Fellows and Dickinson leaving a swanky Beverly Hills restaurant with the caption that read, "Angie Dickinson Dating a Producer." A brief two-sentence article referred to Fellows as Dickinson's "new man" that she was "steady-dating." However, Fellows was not dating Dickinson, and he had been happily married to his wife, Phyllis, for 18 years. Someone who did not know that Fellows was married would not think that the publication harmed his reputation. However, someone who did know that he was married would likely think less of him for the implication that he was cheating on his wife. Therefore, libel per quod requires additional information before understanding the defamation, as in the Fellows case. The defamation is hidden or not obvious at first glance the way it is with libel per se. Another example of libel per quod concerned a news story about a tennis player who won a tournament on Saturday. How could that be defamation? The factual error was that the tennis match was on Friday, not Saturday; a simple error. The athlete said he was defamed per quod because he belonged to a religion that observes Saturday as the Sabbath — a day of quiet and meditation. The story implied that the athlete worked on Saturday and therefore was not being a devout member of his religion. At first glance, few people could recognize why the athlete felt defamed. It requires additional information about the situation to understand why the plaintiff felt that the story defamed him.

Muckracking

President Teddy Roosevelt was a political reformer and was concerned about some of the extreme industrial practices of his day, but he also railed against the investigative press, calling them muckrakers in 1906. He intended it as a slam, but it became a badge of honor among journalists. Muckraking refers, literally, to cleaning a horse stall.To muck a stall is to remove manure. Roosevelt's use of the term referred to a character in John Bunyan's book, "Pilgrim's Progress," published in 1675. The muckraker in the book worked in a stable and only looked downward to rake the filth. Roosevelt thought investigative journalists' reports about corruption, child labor, slums, crime, and unsanitary conditions in the food industry were excessively strident and negative. Roosevelt believed that journalists were mired in the muck like the character in "Pilgrim's Progress."

Federal Trade Commission and deception (not done)

Public relations people who work in heavily regulated industries like banking, education, financial services, government, health care, insurance, medicine and pharmaceuticals are subject to regulation from a variety of regulatory agencies such as the Securities and Exchange Commission, Federal Trade Commission and the Food and Drug Administration. It is important to be careful not to make comments about an employer, client or product on personal or professional sites that could violate laws and regulations. Public service employees (teachers, teacher's aides, nurses, police and firefighters) can be fired or even prosecuted for posting what they thought were comments protected by the First Amendment. In one case, a New Jersey first grade teacher was terminated after describing her students on Facebook as "future criminals." The post was widely distributed and generated parental outrage and media attention. Even non-public service employees can be fired for damaging social media posts. A recent example was PR executive Justine Sacco who, in 2013, was fired for the following post on Twitter: "Going to Africa. Hope I don't get AIDS. Just Kidding. I'm White!" The tweet triggered a firestorm of protests and her employer condemned the tweet as "outrageous and offensive."

Puffery

Puffery refers to advertising claims that no one takes seriously. No one believes, for example, that polar bears drink Coca Cola at Christmas time. We permit advertisers to use some exaggeration to enliven their messages. P.T. Barnum, however, developed a reputation for going beyond puffery to outright lies to promote his events. He gets credit for being partially responsible for the negative image of public relations. One example of a Barnum fraud was his promotion of former slave Joice Heth. Barnum claimed that Heth was 161 years old and had been nanny to George Washington. An autopsy conducted after Heth's death proved that she was only about 80. Barnum's association with such outrageous claims secured his image as press agent, huckster and promoter. He influenced the evolution of the public relations profession with his imaginative approach to promotion.

Barriers of Communication

Selective exposure Selective attention Selective perception Selective retention

Ivy Lee

Sometimes known as the first PR practitioner, Ivy Lee created a "Declaration of Principles" that called for honest communication with the public on behalf of a client. He helped to evolve the job of the public relations practitioner from promoter and press agent to counselor. He advised the Rockefellers, the Vanderbilts and other major industrialists as they dealt with their image problems in the early 20th century. Lee became famous for helping the Rockefeller family respond to a nationally- publicized event in 1914, the death of dozens of men, women and children in Ludlow, Colorado. Coal miners in western states had been trying for years to join the United Mine Workers of America labor union. The coal operators, led by the Rockefeller- owned Colorado Fuel and Iron Company, bitterly opposed them. The mineworkers were on strike in Ludlow, living in tents. On April 20, 1914, the tents were sprayed with machine gun fire and set ablaze. Newspaper accounts portrayed the events in compelling terms. The Rocky Mountain News, in Denver, wrote: "The blood of women and children, burned and shot like rats, cries aloud from the ground. The great state of Colorado has failed them. It has betrayed them. Her militia, which should have been impartial protectors of the peace, have acted as murderous gunmen." John D. Rockefeller, Jr. hired Ivy Lee to rehabilitate the image of the Rockefeller family after Ludlow. Lee advised Rockefeller to go to Colorado, where he met with miners, went into the mines, and even danced with the miners' wives. Lee's strategy was to humanize Rockefeller through personal contact with the miners and to show concern for their conditions. In the past, many companies tried to conceal problems and to resist sharing information with the press. Lee advised them to come clean. He said that eventually the public would find out the facts and it was better for companies to manage how the information came out. Unfortunately, for Lee, his association with Rockefeller and the Ludlow Massacre earned him the nickname "Poison Ivy," a negative moniker that he carried for the rest of his life. Lee earned the nickname, in part, by unknowingly distributing to the media information that later proved false and misleading. Lee articulated a set of principles that professionals still follow today: • Business should align itself with the public interest and not fight it. • PR people should deal with top executives and carry out only programs supported by management. • Companies should be open and honest with media. Tell the truth. Give only acts. • Companies and owners should be humanized to make them understandable to employees, customers and the public.

Angie Dickenson

The classic example of libel per quod happened in Fellows v. National Enquirer (42 C.3d 234, 1986), a California Supreme Court case involving a television producer and actress Angie Dickinson. The National Enquirer published a photograph of Arthur Fellows and Dickinson leaving a swanky Beverly Hills restaurant with the caption that read, "Angie Dickinson Dating a Producer." A brief two-sentence article referred to Fellows as Dickinson's "new man" that she was "steady-dating." However, Fellows was not dating Dickinson, and he had been happily married to his wife, Phyllis, for 18 years. Someone who did not know that Fellows was married would not think that the publication harmed his reputation. However, someone who did know that he was married would likely think less of him for the implication that he was cheating on his wife. Therefore, libel per quod requires additional information before understanding the defamation, as in the Fellows case. The defamation is hidden or not obvious at first glance the way it is with libel per se.

Selective retention

The final filters that message receivers apply to incoming messages are those of selective retention and recall. No one can remember every message he or she reads or hears. It is not possible. An individual is more likely to recall important and relevant messages than those that are not. The challenge of public relations is to construct messages in memorable ways and to persuade audiences that the messages are important enough to remember.

Selective exposure

The first barrier to overcome is message exposure. Public relations must choose channels of communication that will reach the targeted receivers. This means choosing the right media. For example, fewer young people read newspapers and watch TV news, while older audiences are less involved with blogs and social media. Message exposure depends on making the right choices about which media to use. Selective exposure is the tendency of people to expose themselves to messages with which they agree or are relevant to their needs at a particular moment. Political liberals may avoid the radio program of Rush Limbaugh while conservatives might avoid programs on the MSNBC cable network. We avoid messages that are contrary to our opinions. There are so many media messages bombarding us that we avoid exposure to those we do not like or do not need. The challenge in public relations is to get the right audiences exposed to a client's messages — audiences for whom the messages are relevant. Once professionals select the media, they must choose the particular media vehicles. If magazines are the medium of choice, for example, the next question is, "Which magazines?" Should they place messages in "Business Week," "Seventeen," "Sports Illustrated" or "People"? The audiences for each publication are quite different. Making the wrong choices could waste a lot of money by putting a message in front of an uninterested audience. Another challenge is to disseminate messages accurately through the filtering process of the media gatekeepers who control distribution of information or messages. Many public relations messages serve as the basis for news stories. A news release is sent to a newspaper. The newspaper decides whether to report on the event and write a story. If a story receives coverage, it will give considerable free publicity to an organization. However, what will the story say? Is the story accurate? Is the story the one that the organization wanted to tell or did the media pursue a different angle and make the focus of the story something different? Reporters and editors are the gatekeepers who decide which stories are covered, what the stories will say, and where the stories will appear in the media. The goal of public relations is to see that stories are both covered and covered accurately. There are no guarantees, however, because PR people cannot control the editorial process of the news media.

Libel: fault

The intended victim also needs to show that the defendant published or broadcast the statement with a level of fault. The key question is whether the defendant knowingly published a false statement that caused harm to the intended victim. There are two levels of fault: actual malice and negligence. The status of the intended victim determines what level of fault the victim must prove on the part of the defendant. For public figures, such as elected officials and celebrities and those who place themselves in the public eye, the level of fault that requires proving is actual malice. In New York Times v. Sullivan (376 U.S. 254, 1964), the U.S. Supreme Court defined actual malice as knowingly publishing a false statement, or publishing it with reckless disregard for the truth. This is a difficult standard to prove, and it makes it harder for public officials and public figures to prevail in libel lawsuits against media defendants. In its opinion, the Court reasoned that American citizens rely on the First Amendment to criticize public officials. The Court ruled that allowing officials to prevail in libel suits too easily would limit free speech.

Libel: damages

The last element to prove is damages. The intended victim must show that the defamatory statement harmed the person's reputation. Many celebrities who have sued publications for libel have had their cases dismissed for failing to prove that the published falsehood damaged their reputations. It used to be that damages were presumed. If the victim could show the above elements, then monetary damages would be awarded. Now, in most cases, the victim must show that harm has occurred. How can a plaintiff show harm? Witnesses may testify that a plaintiff 's reputation has deteriorated as a direct result of the defamatory publication. There are several types of damages that could be involved in a libel case. Actual damages, the most common type of damages in a libel case, are those that the victim seeks to recover from loss of reputation or from mental anguish, to list two examples. Actual damages, also called general damages, are usually subjective and determined by a judge or jury, subject to certain statutory limitations. Special damages are those that have an exact monetary figure, such as medical bills. Punitive damages are "punishment" damages that a jury might add to the total damage award when a defendant's behavior is especially egregious. The purpose of punitive damages is to send a message to the defendant and anyone else that such behavior is not acceptable.

Peripheral route to persuasion

The peripheral route is useful when audiences are in a passive state. Passive audiences devote relatively little attention or effort to processing communication. Such audiences become targets of less direct messages. There is more emphasis on Target messages to specific audiences. If an audience is active, messages can be straightforward, direct, logical and factual. If the audience is passive, then a more indirect and entertaining approach is usually advisable. emotion, imagery and symbolism. Messages are likely to be entertaining. An automobile ad takes the peripheral route to persuasion when it shows a motorist speeding along an ocean-side highway. The ad portrays the product as a part of a lifestyle and says little or nothing about its features or benefits. The peripheral route assumes that audiences are likely to tune out a serious message containing a lot of details and logical arguments. Public relations professionals must construct peripheral messages to overcome the audience's passivity and disinterest by grabbing their attention in an entertaining manner while presenting a small amount of information.

Fair comment

The third major defense to a libel claim is fair comment and criticism. The U.S. Supreme Court has long recognized the importance of a free press in a free and open democratic society, so it is reluctant to issue decisions that hamper or harm the press. In order for the public to make informed decisions about important issues, they rely on an independent press to hold government accountable and ask tough questions. Therefore, media relations advisers to public officials and public figures should expect fair comment and criticism about elected officials and celebrities

Propaganda

To spread an idea or point of view-- started to become negative after WW1. Originally, all PR was called propaganda. Propaganda is an old concept, too. The word comes from the Latin verb propagare, which means to reproduce, propagate or enlarge. Pope Gregory XV created the Congregatio de Propaganda Fide or "Congregation for Propagating the Faith," a committee of cardinals established in 1622 to counter the global spread of Protestantism. The term originally referred to the missionary efforts of the Catholic Church, but it came to be associated with the spread of all sorts of opinion, information and political causes. The negative connotations of the word stem from its use during the World Wars in the 20th century. The word evolved to become associated with devious and manipulative practices by governments and took on so much baggage that it became off-putting to most people. Today if something is called propaganda, most people assume unethical practices are used to achieve manipulative objectives. The root of the word is neutral. It really just means to spread an idea. The original meaning of the word has been lost. Pope Gregory XV is credited with an early use of the word, propaganda.

Sigmund Freud's relationship to PR

To understand how Bernays approached the practice of public relations, it is important to know that his uncle was Dr. Sigmund Freud, a pioneer in the field of psychoanalysis. Bernays communicated often with Freud and took the innovative approach of applying modern social science methods to the practice of public relations. He believed that by using psychology, one could better understand public opinion and design communication programs that achieved the desired public responses. Some of his critics said that "engineer" really meant manipulate and accused Bernays of manipulating public opinion. Bernays believed in what communication theorists now call the two-step flow of public opinion. He felt it was most important to target and persuade opinion leaders who, in turn, would influence the opinions of the masses. Information would flow first to opinion leaders and then down to the masses. Bernays had a negative opinion of the public. The masses, Bernays said, did not want to think for themselves and were ready to accept opinions from better-informed opinion leaders. The challenge of public relations was to communicate effectively with those leaders, then let their opinions filter down and shape the views of the masses.

Defamation

Today, libel is the broader term and encompasses both written and spoken defamation. Defamation involves harming the reputation of a person or company with a false statement. Defamation involves a false statement that harms a person's reputation. Accusing someone of murder or of having a contagious, loathsome disease are examples of defamation. Remember, to meet the first test of libel, the statement must be false, meaning that the person is not, in fact, a convicted murderer or infected with the disease.

Trademark versus ®

Trademarks are customarily accompanied by this symbol: TM. Examples include the Honda "H" on its automobiles and the "N" on New Balance shoes. The trademark covers the distinctive style of these letters, not the letters themselves. In other words, the stylized letters are recognized and associated with the brand. Words, logos, slogans, and most everything else associated with branding falls under trademark. The symbol ®‚ can also identify trademarks. It means that the trademark is registered with the U.S. Patent and Trademark Office. The symbol SM identifies service marks, which protect a service that a company provides. Interestingly, the courts have ruled that a competitor may use trademarks, such as in an advertisement, without permission. For example, in soft drink advertisements that purport to be taste tests with regular people, the participants choose the product of the company putting on the advertisement. Does Pepsi, for example, have to get permission to use the name and trademark of Coca-Cola? Did the authors of this book have to get permission to use Pepsi and Coca-Cola in this sentence? The answer to both questions is the same: No. The First Amendment permits some use of a trademark, courts have ruled, so long as there is no altering of the trademark. Corporations spend considerable time, effort and money protecting their trademarks. Xerox, for example, is ever vigilant about protecting its name and making sure that others use the name properly — as a noun. Therefore, when they see inappropriate references to their company — such as referring to making copies as "Xeroxing" — they send letters admonishing the offender. Xerox also places advertisements in trade publications to show they are defending their brand name and trademark. Under Armour sued Nike in 2013 for trademark infringement. Under Armour alleged that Nike used Under Armour's advertising phrase, "I Will" in recent advertisements. In the complaint, Under Armour said that Nike launched an advertising campaign for its performance apparel, footwear, accessories, sporting goods, and related services that appropriates 'I WILL' prominently, repeatedly, and in a format and context that imitates Under Armour's longstanding use of its iconic I WILL trademark/tagline for these same types of products and services. Under Armour sought to stop Nike from using the phrase and asked for punitive damages. In 2014, the two corporations settled the dispute "on a confidential and mutually agreeable basis." In other words, the terms of the agreement were not disclosed. "The Associated Press Stylebook" discourages reporters from using a trademarked word unless it is essential to the story. For instance, if the story involves a Dumpster, a large, metal trash bin, the reporter should use the trademark term only if such use is necessary for the story. If not, he or she should use the generic term — large, metal trash bin. The Stylebook substitutes real estate agent for Realtor, which is not a generic word for people who sell land and is a trademark for a licensed member of the National Association of Realtors. PR writers should refer to the Stylebook for guidance in using trademarks. Some companies have lost trademarks, in part, because they failed to vigorously defend them. For example, aspirin, trampoline, and zipper were all protected trademarks until they fell into common use and could no longer receive protection as trademarks. A good resource for checking on current and lapsed trademarks is the International Trademark Association (inta.org). Composed of trademark owners around the world, the nonprofit organization maintains a list of trademarks on their website and words that have fallen into the public domain. When considering a lawsuit relating to trademark infringement, the courts look at such issues as: • How unique is the trademark? A strong, distinctive trademark would be easier to protect. • How similar are the trademarks? • How similar are the products or services offered by the two companies? If companies are in completely different industries, it might be less of an issue than if they sell the same products or services. • How likely are consumers to be confused by the similarity of trademarks? Evidence of actual confusion helps build the case. • Do the companies use the same marketing channels? If products are sold in similar stores and are promoted in similar ways, it would increase the likelihood of confusion among consumers. • What was the defendant's intent in selecting the trademark? Was the defendant hoping to capitalize on the reputation and brand of the plaintiff? Was there an intent to confuse consumers? • What steps were taken by the plaintiff to protect the trademark? Was it registered?

Three defenses against libel claims (defamation lawsuits)

Truth is the strongest and most effective defense against a libel claim. If the statement about the person is true, then the libel case dissolves. Remember, a libel claim must involve a false statement about the intended victim. Without falsity, there is no actionable claim. In addition, the U.S. Supreme Court has ruled that a plaintiff must prove that the statements in question were false. This provides an additional protection for news outlets since they do not have the burden of proving the statements true. The second defense, privilege, is a bit more complicated. First, privilege refers to immunity from legal action. In some cases, privilege is said to be absolute. For example, executive privilege, often ruled absolute, covers communications between the president and advisers. This means that attorneys cannot subpoena either the president or the advisers to testify in court. Such communication is protected so that the president can consider a wide range of options without having the advisers worry later about revealing their discussions. Other examples of absolute privilege generally recognized by the law include attorney-client privilege (to protect all discussions between a lawyer and a client) and clergy privilege (to protect all communications between a person and his or her religious adviser). The idea that reporters protect their sources is popular in mass media, but it is not a universal protection for journalists in the United States. Nearly 40 states, including Texas and the District of Columbia, have a shield law that protects news gatherers from testifying in civil or criminal cases, revealing their sources or handing over their notes and materials. However, there is no federal shield law. What this means is a judge may fine or send to jail a journalist who refuses to testify, to reveal a source or to hand over notebooks. In recent years, Congress has considered a federal shield law for reporters, but no legislation has passed. Public relations practitioners should be aware that even if an existing state shield law protects journalists, it does not protect them. No state protects PR practitioners in their shield laws. Clients periodically find themselves involved in legal actions that will have public relations consequences. To ensure such protections, sensitive conversations between executives and public relations advisers have occurred in the presence of corporate counsels to preserve the attorney-client privilege. The third major defense to a libel claim is fair comment and criticism. The U.S. Supreme Court has long recognized the importance of a free press in a free and open democratic society, so it is reluctant to issue decisions that hamper or harm the press. In order for the public to make informed decisions about important issues, they rely on an independent press to hold government accountable and ask tough questions. Therefore, media relations advisers to public officials and public figures should expect fair comment and criticism about elected officials and celebrities. In addition, the Court has also ruled that the First Amendment protects statements of opinion and that these cannot be the basis for libel claims. Libel involves statements that may be proven true or false, but one cannot prove an opinion true or false. For example, if a public relations adviser writes a guest column or letter to the editor, taking a position or defending one on behalf of a client, the fair comment and criticism defense would protect the writer. Of course, if a writer states that "in my opinion, the mayor is a murderer," when, in fact, the mayor has not been convicted of murder, then the fair comment and criticism defense would not protect that statement. The words "in my opinion" do not automatically protect the statement. It is important to differentiate between statements of opinion (such as, "She is a bad governor" or "He is a bad leader") and statements that make factual allegations that one can prove true or false. These examples are couched in language that looks like opinions, but are actually factual allegations that may be libelous: "In my opinion, he lied under oath" or "In my opinion, he killed his neighbor." Many people wonder if film, theater, restaurant and other types of critics can be sued if they write a harshly negative review of something. Generally, reviews are one person's opinion about something and fall under the protection of fair comment, unless the review contains a factual claim of some sort that is libelous. All of us are free to like or dislike things and to express opinions about them, as long as no false factual claims are made. Public relations advisers pride themselves on being able to construct messages that are forceful, tough, challenging and civil in issuing criticism of something or someone. Fair comment and criticism is a protection that gives public relations firms great ammunition in serving their clients publicly.

Teddy Roosevelt

Upton Sinclair examined the lives of immigrant workers and meat handling practices in the Chicago meat packing plants. His novel, "The Jungle" (1906), influenced President Teddy Roosevelt to order an investigation of the meat packing industry, which led to the passage of the Pure Food and Drug Act in 1906. Sinclair was more of a social crusader than a journalist. Some would say he was a propagandist for the popular socialist movement in the early 20th century, writing about social class struggles and inequities. Upton Sinclair President Teddy Roosevelt was a political reformer and was concerned about some of the extreme industrial practices of his day, but he also railed against the investigative press, calling them muckrakers in 1906. He intended it as a slam, but it became a badge of honor among journalists. Muckraking refers, literally, to cleaning a horse stall.To muck a stall is to remove manure. Roosevelt's use of the term referred to a character in John Bunyan's book, "Pilgrim's Progress," published in 1675. The muckraker in the book worked in a stable and only looked downward to rake the filth. Roosevelt thought investigative journalists' reports about corruption, child labor, slums, crime, and unsanitary conditions in the food industry were excessively strident and negative. Roosevelt believed that journalists were mired in the muck like the character in "Pilgrim's Progress." Like the muckraker in Bunyan's story, Roosevelt thought journalists focused so much on misconduct that they could not or would not see the many positive things that went on around them at the same time. In a speech on April 14, 1906, Roosevelt said: "Now, it is very necessary that we should not flinch from seeing what is vile and debasing. There is filth on the floor, and it must be scraped up with the muck rake; and there are times and places where this service is the most needed of all the services that can be performed. But the man who never does anything else, who never thinks or speaks or writes, save of his feats with the muck rake, speedily becomes, not a help but one of the most potent forces for evil." By the early 1900s, wealth in the United States had become concentrated. A few industrialists such as Jim Fisk, Jay Gould and Andrew Carnegie, and families such as the Rockefellers and Vanderbilts, had accumulated astonishing wealth. The popular press began to refer to the wealthy as robber barons. Both the wealthy and the corporate trusts they controlled became social villains. Pressure mounted for social change. Revolutionary fervor and socialist political movements were sweeping Europe and becoming popular in the United States as well. Families such as the Rockefellers realized that negative public opinion was a force that they could no longer ignore. It was in this climate of conflict and social unrest in the early 20th century that the birth of modern public relations took place.

Privilege

What about the disclosure of confidential information in a legal proceeding? Privilege protects some professions. Attorneys cannot compel lawyers, doctors and clergy, for example, to reveal confidential information in court. Physician- patient privilege protects doctors from having to reveal information obtained from conversations with patients. Qualified privilege may protect journalists from revealing sources or their notes, depending on the jurisdiction. These professionals have a protected relationship. However, the doctrine of privilege does not protect PR practitioners. The law can require them to disclose confidential information. If they refuse to do so, they can be cited for contempt of court, fined and even jailed. The second defense, privilege, is a bit more complicated. First, privilege refers to immunity from legal action. In some cases, privilege is said to be absolute. For example, executive privilege, often ruled absolute, covers communications between the president and advisers. This means that attorneys cannot subpoena either the president or the advisers to testify in court. Such communication is protected so that the president can consider a wide range of options without having the advisers worry later about revealing their discussions. Other examples of absolute privilege generally recognized by the law include attorney-client privilege (to protect all discussions between a lawyer and a client) and clergy privilege (to protect all communications between a person and his or her religious adviser).

How to copyright something

When And How Do I Register a Copyright ? How Long Does Copyright Protection Last? What is Copyright? Did you know that whenever you write a poem or story or even a paper for your class, or a drawing or other artwork, you automatically own the copyright to it. Copyright is a form of protection given to the authors or creators of "original works of authorship," including literary, dramatic, musical, artistic and other intellectual works. What that means is that, as the author of the work, you alone have the right to do any of the following or to let others do any of the following: - make copies of your work; - distribute copies of your work; - perform your work publicly (such as for plays, film, dances or music); - display your work publicly (such as for artwork, or stills from audiovisual works, or any material used on the Internet or television); and - make "derivative works" (including making modifications, adaptations or other new uses of a work, or translating the work to another media). In general, it is illegal for anyone to do any of the things listed above with a work created by you without your permission, but there are some exceptions and limitations to your rights as a copyright holder. One major limitation is the doctrine of "Fair Use," discussed below.