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27 Cards in this Set
- Front
- Back
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Reporters may legally enter private property to cover a news story
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if they are invited by the owner or occupant
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The most common ground used by journalists who challenge the validity of a subpoena is to argue
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that he or she is protected by a shield law
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In the wake of the Supreme Court ruling in Cohen v. Cowles Media Co. regarding promissory estoppel,
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that newsroom searches by government agents are not a First Amendment issue, but are governed by the Fourth Amendment and are clearly impermissible.
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The case of Venessa Leggett suggests that
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a number of other similar suits have been filed against reporters.
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The definition of an impartial juror under the law is one who
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journalists who refuse to give up their sources may serve jail time.
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Which of the following stories could be safely published without threatening to prejudice the defendant’s right to a fair trial?
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has formed no impressions about the case.
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Since the Supreme Court ruling in the Nebraska Press Association case, restrictive orders against the press
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A story that the defendant has been arrested and charged with a crime
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During the voir dire process in a criminal trial, both the state and the defense have a(n)
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are usually rejected by trial courts, but imposed by appellate courts.
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Under the federal FOIA, an agency record is one that
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limited number of PEREMPTORY challenges.
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Journalists have First Amendment right to trespass on the private property of other people, provided that there is newsworthy information or newsworthy activity on the property.
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False
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The Supreme Court has ruled that journalists may accompany the police when they execute search warrants, even if the property owners protest, because such press coverage assists the public in understanding how law enforcement agencies operate
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False
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The Michigan FOIA permits verbal requests for public records.
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False
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A summary judgment occurs when a judge or jury makes a decision in a lawsuit after hearing only a summary of the plaintiff’s allegations and the defendant’s defense.
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False
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Prosecuting attorneys often fear that sequestered jurors will hold the state responsible for the inconvenience.
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True
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An appellate court can reverse a conviction as a remedy to extensive pretrial publicity
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False
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The Supreme Court has ruled that defense lawyers can, in some circumstances, be barred from making statements about a pending case.
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True
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A reporter who is asked by a source for a promise of confidentiality should always talk with an editor or news director before giving such a promise.
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True
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All states now have shield laws, and reporters have found these laws to be highly effective in protecting them from subpoenas and other government attempts to gain confidential information
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False
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If a judge orders a proceeding closed, a reporter who is at the hearing should make a formal objection
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True
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What are five processes or legal devices a trial judge can use to try to ameliorate or remedy the effects of mass media publicity about a case?
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1. Voir Dire
2. Change venue 3. Change of veniremen 4. Continuance 5. Admonition 6. Sequestration |
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Collateral Bar Rule
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Bars someone who violates a court order from trying to defend this action by arguing that the court order was unconstitutional
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What are the steps taken to successfully close a presumptively open pretrial hearing?
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1. Advance an overriding interest that is likely to be harmed if the proceeding remains open
2.Prove to the court that if the hearing is open to the press and public, there is a SUBSTANTIAL PROBABILITY that this interest will be harmed 3. Consider whether there are reasonable alternatives to closure that might solve the problem 4. Narrowly tailor the closure so there is an absolute minimum of interference with the rights of the press and public 5. Make evidentiary findings to support this decision and prepare a thorough record relating to the order that can be evaluated by an appellate court |
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Voir Dire
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Preliminary examination the court makes of people chosen to serve as jurors in a trial
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Continuance
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Delaying the trial
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Admonition
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Instructions from a judge to avoid talking to other people about the trial they are hearing and avoid media that discuss the case
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Sequestration
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Separating the jury from the community during a trial
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What must a trial judge do before he or she can issue a RESTRICTIVE ORDER against the press during a criminal proceeding?
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Meet these condtions:
1.) Intense and pervasive publicity concerning the case is certain 2.) No other alternative measure might mitigate the effects of the pretrial publicity 3.) The restrictive order will in fact effectively prevent prejudicial material from reaching potential jurors |
