ABSTRACT

Legal restrictions on strategic writing depend on the purpose of the writing. US courts have ruled that free expression falls into two general categories: political speech and commercial speech. Communication laws constantly evolve, and strategic writers need to keep up with those changes. Traditionally, writers should keep updated in six areas of communication law: libel, invasion of privacy, deceptive advertising, electioneering, copyright and financial disclosure. Laws governing what the Federal Election Commission refers to as "electioneering communication" constantly change. Disclosure law governs how and when companies should communicate about matters that affect or could affect their stock prices. Federal law defines intellectual property as "original works of authorship that are fixed in a tangible form of expression". It is important to remember that laws pertaining to old media also apply to newer media as well. Rules covering copyright, trademarks, libel and financial disclosure remain in force.