Navigating the intersection of Public Relations and the First Amendment in the rapidly evolving field of Public Relations

One small pebble dropped into a pond causes waves. The same can occur in communications when that pond is called Freedom of Speech or Freedom of Expression. The First Amendment plays a crucial role in corporate communication by allowing companies to express opinions on political matters and global affairs. While corporate speech enjoys robust protection, it's important to note that commercial speech—essentially advertising—does not receive the same level of legal protection. The Federal Trade Commission (FTC) regulates commercial speech and can impose fines for misleading advertisements. 

This is where the intersection of the law and our profession usually meet and misunderstanding of the law can occur. The most common mistakes PR professionals make concern copyright infringement. 

Copyright law is essential for protecting creative works. There are two main types of copyright: 

• Common Copyright: Automatically granted to authors upon creating a tangible expression of their ideas. 

• Statutory Copyright: Acquired by registering works with the Library of Congress (although the registration requirement changed in 1989).

The Digital Millennium Copyright Act, enacted on October 28, 1998, modernized copyright laws to safeguard the rights of creators and consumers in the digital realm. The defense for most copyright infringement is called "Fair Use." This allows works to be used for criticism, commentary, news reporting, teaching and research without infringing copyright. This defense covers journalists very broadly, but it can get organizations into trouble when creative works are used for marketing purposes. 

TIP: If you are profiting from using an image or graphic created by someone else, it's copyright infringement. 

It's crucial for PR professionals to follow best practices related to copyright. Always seek permission before using others' work and remember that photographers retain copyright over their images unless ownership or royalty-free use is negotiated.  

Here are additional laws that communications professionals should understand and know how to apply: 

• Freedom of Information Act: Grants the public access to government information.

• HIPAA: Protects the privacy of health information. 

• Securities and Exchange Commission (SEC): Governs corporate disclosures to ensure transparency and fairness.

• Privacy Act: Protects against unauthorized appropriation of likeness or putting someone in a false light. 

-Dawn Buzynski, APR, Iowa Chapter Delegate