Defamation and Libel: Identification and Consequences, Quizzes of Communication

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TERM 1 Elements of libel- 5 qualifications DEFINITION 1 prove the remark was published prove that you were readily identified real defamation unprivileged occasion actual malice TERM 2 prove the remark was published DEFINITION 2 the remark is published, produced, and disseminated to a mass audience ie) Shepherd vs. Langdord TERM 3 mass audience in case of proving remark was published DEFINITION 3 3 or more peopleincludes: person that said it person about whom it was said the third person TERM 4 Shepherd vs. Langford DEFINITION 4 Langford wrote a letter to Mrs.Shepherd saying she was a despicable woman and many other things defamatory to her character Shepherd showed her friends, and then sued judged ruled that since she voluntarily published it, she couldn't win the case (letter was addressed to her and she showed it to another person) TERM 5 prove that you were readily identified DEFINITION 5 the party that has been libeled is readily identified if you name someone you must include their address and middle name so there is NO confusion as to whom you are talking about--> make sure you distinguish them you can identify a group if it is small enough to identify the individuals (20-50 members) ie) Neiman Marcus vs. Lait TERM 6 Neiman Marcus vs. Lait DEFINITION 6 Lait published a Dallas, TX tabloid claiming: all male designers of NM were homosexuals and all the female floor models and workers were prostitutes and that all the other women were "call girls" all 7 male designers sued and won all 11 floor models sued and won 35 of 385 other women sued but lost because none of them were readily identifiable TERM 7 Real defamation DEFINITION 7 you have to prove it is defamatory TERM 8 defamatory: personal reputation DEFINITION 8 the truth will prove in your favor if it is untrue then it is libel TERM 9 defamatory: professional reputation DEFINITION 9 if it causes you to lose your job and it is untrue, then you have a viable case TERM 10 Social Contract (shunning) example DEFINITION 10 local newspaper publishes the death of a man and revealed that he fathered 2 illegitimate children his family sued the paper, but it turned out that it was true judge still found the paper guilty because that part of the article "just didn't need to be published." TERM 21 fair comment and criticism DEFINITION 21 the right to criticize when reporting if you put yourself in the public eye, it's ok for media to cover you TERM 22 if a paper retracts something... DEFINITION 22 they have to do it on the same page they wrote it on TERM 23 invasion of privacy DEFINITION 23 you have the right to be left alone privacy is a constitutional right, but not in the constitution intrusion on plaintiff's physical solitude publication of private matter violating ordinary decency putting someone in a false light in the public eye appropriation of some element of an individual's personality for commercial use without permission TERM 24 Roberson vs. Rochester Folding Box Company DEFINITION 24 her face was put on a box, she sued and lost because they couldn't find anything against them got people thinking about whether or not you have the right to be left alone TERM 25 Time Magazine vs. Dorothy Barber DEFINITION 25 INTRUSION ON THE PLAINTIFF'S PHYSICAL SOLITUDE- no matter how much this woman ate she continued to lose weight- Time Mag sent a reporter and photographer to her hospital room wrote a story called "The Starving Glutton" -Barber family sued Time for the article: mostly because of the picture that was taken of Dorothy TERM 26 putting someone in a false light in public eye DEFINITION 26 making someone look bad with false informationie) family in Ohio had pictures taken of the children and then made them seem destitute they weren't well off, but they weren't destitute by any means ** 49 of 50 states have this torque of privacy all have it except Florida TERM 27 appropriation of some element of an individuals personality for commercial use without permission DEFINITION 27 Abby Roberson vs. Rochester Folding Box Company Pavesich vs. New England Life Mapp vs. Ohio TERM 28 Mapp vs. Ohio DEFINITION 28 Dollree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive appealed her conviction on the basis of freedom of expression TERM 29 copyright DEFINITION 29 provides basic, automatic protection of writers, whether a manuscript is registered with the copyright office or even published TERM 30 how long copyright lasts DEFINITION 30 - under new act of 1976 =lasts for life of author plus 70 years after that time the piece becomes public domain - before 1976= lasts for 75 years TERM 31 when copyright starts DEFINITION 31 when work is in a fixed room once it is written down or recorded- but you have to do something to prove it TERM 32 poor man's copyright DEFINITION 32 you mail your work to yourself, but you do not open it the day the envelope is stamped is the day you officially own the material there's a fine of $6,000 per occurrence to play a copyrighted song (only if you are playing it to make profit) TERM 33 copyright law is different from DEFINITION 33 trademark law TERM 34 trademark law DEFINITION 34 refers to a word, symbol, or slogan, used alone or in combination that identifies a product or its sponsor ie) nike swoosh TERM 35 not eligible for copyright DEFINITION 35 titles short slogans (can be trademarked though) speeches and performances not in fixed form written down or recorded impromptu works from public domains works from public documents ideas TERM 46 methods of research DEFINITION 46 controlled experiment content analysis secondary analysis focus groups TERM 47 controlled experiment DEFINITION 47 the trying of isolate variables ie) solomon four group design expensive because you pay people to participate (PR practitioners don't use as often as they should) TERM 48 Solomon's Four Group Design DEFINITION 48 random sample assigning people to 4 groups rather than just 2 first group: asked to take a test, then observed, then asked to take the test again second group: just observed then asked to take a test third group: asked to take a test, were not observed, then asked to take a test again fourth group: just observed once - null hypothosis for this is--> Ho: 01=02=03=04=05=06- alternative hypothesis is--> Ha: (02=03) not equal to (01=04=05=06)treatment makes difference: treated groups will be diff than non-treated TERM 49 content analysis DEFINITION 49 analyzing content of communication (language matters) reviewing content of communications to figure out what is being said about PR clients or organizations consultants look at adjective and adverbs used (power words) look at which location of the paper article is in look to see if paper is putting out facts or opinion look to see if article is positive or negative look at length of article TERM 50 secondary analysis DEFINITION 50 take the data that was collected at one point in time for one reason and they analyze the data at a different point in time for a different reason do this bc it is cheaper since data has already been collected risk of no control over research: valid? TERM 51 focus groups DEFINITION 51 people brought in to discuss issues and ideas: structured conversation used a lot in 40/50's then not so much brought back around in 80/90's TERM 52 characteristics of focus groups DEFINITION 52 consists of people discussing issues people usually unknown to one another better to not know anyone bc of influencing dont want to mix managers and workers in the same group if group is about big-ticket items (car/house/etc.) better that people in group know each other such as partners or husband/wife look at range and depth of feelings and emotions won't prove what will work TELLS US WHAT WON'T WORK TERM 53 Homogeneity DEFINITION 53 want people in the groups that are alike if about a female product then want all females in the group also look at subject of the group to see if they should know each other or how alike the people in the group should be TERM 54 qualitative test DEFINITION 54 never use what you find out in a focus group to make statistics because they aren't big enough to account for a statistic this test looks at what we say to people to influence them TERM 55 uses of focus groups DEFINITION 55 information for formal surveys follow-up surveys test new ideas/programs identify decision-making processes in organizations identify needs test messages TERM 56 information for formal surveys DEFINITION 56 you have to look up information about the area in which you want to survey before you give the survey so it is more related to that particular area focus groups made so they can learn what people in the area think so they can make the survey TERM 57 follow-up surveys DEFINITION 57 will have people who gave opposite answers do a follow-up focus group about the survey to figure out what happened TERM 58 focus groups considerations DEFINITION 58 number of groups number of participants per group securing participants location for the group cooperation fees for participation selecting a moderator TERM 59 number of groups DEFINITION 59 how many can be afforded?minimum is to have at least 2 focus groups Rayburn thinks at least 3 likes to have about 5 or 6 groups though TERM 60 convergence DEFINITION 60 you can stop the group if you continue to hear the same thing TERM 71 sample DEFINITION 71 estimation of a few elements in the population TERM 72 mean DEFINITION 72 average of the data collected in the sample TERM 73 median DEFINITION 73 the midpoint of the data collected in the sample TERM 74 mode DEFINITION 74 the most frequently observed data collect in the sample TERM 75 types of samples DEFINITION 75 non-probability sample probability sample TERM 76 non-probability sample: 3 types DEFINITION 76 available subjects sample judgmental sample quota TERM 77 available subjects sample DEFINITION 77 we sample whoever is available TERM 78 judgmental sample DEFINITION 78 picking people because of certain characteristics ie) only surveying people with blonde hair and blue eyes TERM 79 quota DEFINITION 79 know the distribution of various phenomena in the population dont have to be statistically precise: just take a sample of the whole lot of people TERM 80 probability sample: 2 types DEFINITION 80 equality in selection independence in selection TERM 81 equality in selection DEFINITION 81 every element (person) has to have both an equal and independent chance of getting selected nobody has a greater or lesser chance of getting selected TERM 82 independence in selection DEFINITION 82 choosing one person won't affect another personwhen population is infinity large: size of sample that is polled is where we get the error rate plus or minus 5% no stipulation TERM 83 types of probability samples DEFINITION 83 simple random sample systematic sample stratified sample cluster TERM 84 simple random sample DEFINITION 84 just taking a sample of people at random not often done TERM 85 systematic sample DEFINITION 85 - must first attain a sampling frame= list of people- randomize the data- take a sampling interval Sampling interval= population size over the sample size ** if answer is ie) 40 then you take every 40th person until you get through the end of the sample for 1st participant just choose a random person between the first 40 people as long as first pick is random: doesnt violate equality of being chosen TERM 96 PR Advisors DEFINITION 96 counsel clients on not what they must do, but what they should do to defend themselves in a different court...court of public opinion TERM 97 truth DEFINITION 97 leave out the bad parts TERM 98 lawyers and pr advisors both: DEFINITION 98 must analyze not only the legal ramifications also the ethical considerations TERM 99 for defamation to be proved: 4 requirements need to be met DEFINITION 99 falsehood was communicated through print, broadcast, or other electronic means person who is subject of falsehood is easily identified identified person has suffered injury in form of monetary loss, reputational loss, or mental suffering 4. person making the statement was malicious or grossly negligent TERM 100 SEC DEFINITION 100 Securities and Exchange Commissions Act of 1934attempted to protect the public from abuses in the issuance and sale of securities TERM 101 Federal Ethics and Government Act DEFINITION 101 forbids lobbying former contacts within one year of leaving the government TERM 102 Communications Decency Act DEFINITION 102 "independent speech" to a "person under 18" struck down contending that such censorship would chill all discourse on the internet TERM 103 Child Online Protection Act DEFINITION 103 federal crime to knowingly communicate for commercial purposes material considered harmful to minors TERM 104 cybersquatting DEFINITION 104 grabbing domain names in bad faith expressly for the purpose of tormenting or "shaking down" a rightful registrant ie) walmartsucks.com TERM 105 E-Fraud DEFINITION 105 click fraud- occurs when a concerted effort is initiated to register multiple clicks to drive specific listings higher in search ranking algorithm TERM 106 litigation public relations DEFINITION 106 managing the media process during the course of any legal dispute so as to affect the outcome or its impact on the client's overall reputation TERM 107 research and pr DEFINITION 107 foundation upon which a sensible programmatic initiative must be based essential for realizing managements goals TERM 108 research: question you should ask DEFINITION 108 how does it relate to the media we use to convey our messages? how does it relate to the schedule we adopt in using our media? how does it relate to the ultimate implementation tactics of our program? TERM 109 research can be: DEFINITION 109 strategic evaluative TERM 110 strategic pr research DEFINITION 110 used primarily in program development to determine program objectives, develop message strategies, or establish benchmarks examines tools/techniques of PR