Legal Issues for the Public Affairs Officer Gordon W. Odell, Jr. General Counsel 6 August 2008

Desired Learning Outcomes 1. Understand legal issues sufficient to meet duties and honor rights. 2. Be acquainted with legal issues associated with mass communications.

Desired Learning Outcomes (Continued.) 3.Recognize when it is appropriate to confer with counsel & higher authority before releasing information.

Desired Learning Outcomes (Continued.) In other words, we’re here to help you know how to: - Avoid the minefield(s), - And if you can’t, to avoid the mines, - And know when to ask for help!

A. You Already Know This Stuff (3. “Exceptions.”.) 1. First, the law: Congress shall make no law... abridging the freedom of speech, or of the press.... U.S. Const. Amendment 1 2. So, can you say or print anything you want?

A. You Already Know This Stuff (Well, pretty much, anyway.) 3. What “exceptions” permit legal action upon the following: a. Shouting “FIRE!” in a crowded theater? Unlawful because you have a duty to _____. b. Selling copies of your favorite DVD? Unlawful because the author has a right: _____.

A. You Already Know This Stuff (3. “Exceptions” continued.) c. Telling all “Harry has AIDS”? (Untrue.) Unlawful because you would be ______ing Harry. d. Telling all “Harry has AIDS”? (True.) Unlawful because Harry has a right to _____. e. “Harry received a positive AIDS test?” (Without acknowledging he is a physician.) Unlawful because you have a duty to _____.

A. You Already Know This Stuff (3. “Exceptions” continued.) f. Publishing photographs of unlawful acts to children Unlawful because government has a duty to ________. g. Publishing plans to make an atomic bomb Unlawful because the government has a duty to_______..

A. You Already Know This Stuff (3. “Exceptions” continued.) h. Advertisement: Lee Galocifer is the best lawyer in town, he’ll get you top dollar.

B. Discussion – The Law Its Application To whom does the law apply? Congress shall make no law... abridging the freedom of speech, or of the press.... Amendment I of the U.S. Constitution State and local governments, too. Amendment XIV of the U.S. Constitution

B. Discussion – The Law… (Continued.) Is CAP part of the government? No. 1. We’re an AF auxiliary when we’re providing services to the Federal Government (10 USC §9442(a).) 2. We’re “deemed to be” an instrumentality of the U.S. with regard to our acts or omissions when performing a mission assigned by SAF (10 USC §9442(b)(2).)

B. Discussion – The Law… (Continued.) Who does it protect? “Persons” What’s a person? What does it protect? “[T]he freedom of speech” Which means what? “[The freedom] of the press” Which means what?

B.Discussion – The Law… (Continued.) 1: Shouting “FIRE!” What duty is violated by shouting “FIRE!” in a crowded theater when, in fact, there is no fire?

B. Discussion – The Law… (Continued.) 2: Selling Whose rights are violated by selling commercial DVDs? What right? Does the law require that we have Harry’s permission to use his likeness in a commercial?

B.Discussion – The Law… (Continued.) 3: Saying Bad Things About Harry. Harry has a right to his reputation. ___ is when you damage his reputation. Harry has a ___ right to not be presented in a “false light.”

B. Discussion – The Law… (Continued.) 3: Selling/Publishing stuff about Harry. Harry has a right to _______. There are 4 ways that right can be violated: AppropriationIntrusion False light Public disclosure of private facts

B. Discussion – The Law… (Continued.) 3 & 4+: Publishing stuff about Harry. (Continued.) About the need for permission....

B. Discussion – The Law… (Continued.) 3 & 4+: Publishing stuff about Harry. (Continued.) About avoiding d_______ (s & l) “allegedly” “we have received reports” Stick to the facts.

B. Discussion – The Law… (Continued.) 5: Nasty pictures 2 exceptions to “Freedom of Speech” empower the government to prohibit making or possessing photographs. They are- The authority to regulate ____. (Hint: I can’t define it, “but I know it when I see it...”) and

B. Discussion – The Law… (Continued.) 6. Publishing Bomb-Making Instructions The government can regulate, control, & prohibit those “expressions” that are a danger or safety risk to the public. Consider: National Socialist Party v Skokie, 432 U.S. 43 (1977)

B.Discussion – The Law… (Continued.) 7. Advertising/Commercial Speech

C. As a Practical Matter 1. Confine yourself to the facts. Consider: a. The aircraft was seen at... b. We have reports of a sighting of the aircraft at... c. We have unconfirmed reports that the aircraft was seen at...

C.As a Practical Matter (Continued.) 2. Avoid speculation

C.As a Practical Matter (Continued.) 3. Why should you do these things? a. Preserve security/limit access b. Shred documents c. Correct wrong/inaccurate info

C.As a Practical Matter (Continued.) 4. Why NOT do these things? a. Speculate b. Name people on board c. Name participants (individuals) involved in the search d. Allude to criminal activities e. Discuss potential legal issues f. Share search data

C.As a Practical Matter (Continued.) 4. Specific Problems We don’t discuss personnel matters & anticipated/ pending litigation.

d. Takeaways 1. Use reasonable care – don’t defame or misrepresent 2. When you speak/write for CAP, it’s CAP’s freedoms that we’re protecting here. 3. Use other folks’ materials with care. Permission – copyright Permission – copyright Appropriation Appropriation Privacy Privacy False light False light