Media Law

Front 1

The first recorded obscenity prosecution in the US occurred when?

Back 1

1815

Front 2

The doctrine that once a legal issue has been settled it should be followed as precedent in future cases presenting the same question...

Back 2

stare decisis

Front 3

Under the third prong of the current test used by the S.C. for determing obscenity in material, the fact finder must determine if the speech in question...

Back 3

lacks serious literary, artistic, political, and scientific value.

Front 4

Who was the adult movie producer convicted on obscenity charges in 2008?

Back 4

Paul Little

Front 5

Current test for determining whether material is obscene was created in which S.C. case?

Back 5

Miller v. CA

Front 6

Who was convicted of performing an obscene comedy routine in Chicago?

Back 6

Lenny Bruce

Front 7

Under the first prong of the current test for obscenity in material, the fact finder must determine if the speech appeals to...

Back 7

a prurient interest

Front 8

The Justice Department official whose office represents the federal government in all litigation before the S.C.

Back 8

Solicitor General

Front 9

The right of parties to bring legal actions

Back 9

standing

Front 10

S.C. case that determined a category of speech called obscenity is not protected by the First Amendment...

Back 10

Roth v. US

Front 11

Before the gov't can prosecute a bookseller or magazine vendor for selling obscene books or magazines, it must show the defendant had...

Back 11

scienter

Front 12

what is scienter?

Back 12

guilty knowledge. in the case of obscenity: knowledge of the contents of the material

Front 13

Latin word for "under penalty"

Back 13

subpoena

Front 14

A trial may be closed to protect the identity of who?

Back 14

a sexual assault victim

Front 15

a judicial order commanding a party to appear in court and explain why the court should not take a proposed action

Back 15

show cause

Front 16

How has the SC ruled in whether trials are presumptively open or closed?

Back 16

criminals trials are open, and lower federal and state courts have ruled that civil trials are open.

Front 17

If a judge orders a proceeding closed, should a reporter at the hearing make a formal objection?

Back 17

yes

Front 18

Televising a trial does not in and of itself cause prejudice to the defendant. What S.C. ruling decided this?

Back 18

Chandler v. Florida

Front 19

What is the Press-Enterprise test used by judges for?

Back 19

To determine whether a pretrial proceeding will be open or closed.

Front 20

Are federal courts in disagreement as to whether deportation hearings should always be open to the press and public?

Back 20

yes

Front 21

In making federal FOIA requests, representatives of the news media...

Back 21

receive the first 100 pages of duplicated records free of charge, but then are charged for each additional page.

Front 22

Under the Federal Freedom Of Information Act (FOIA), a government agency has how many working/business days to respond to a request for records after it receives the request?

Back 22

20

Front 23

(T or F) Every state in the US has some form of an open-records law

Back 23

True

Front 24

According to data from the Office of Information and Privacy at the US Dept of Justice, the total # of FOIA requests received by all federal departments and agencies during 2007 was...

Back 24

more than 20 mill

Front 25

The decision by the S.C. in 2004 in National Achives and Records Admin. v. Favish centered on a dispute over access to...

Back 25

death-scene photos

Front 26

records from what body are not subject to the federal FOIA?

Back 26

congress and SC

Front 27

Journalists who trespass are subject to...

Back 27

both civil liability and criminal prosecution

Front 28

Baltimore Sun v. Ehrlich

Back 28

state governor does not need to grant interview access to journalists

Front 29

When may reporters legally enter a private property to cover a news story?

Back 29

if they are invited by the owner or occupant

Front 30

how many numbered exemptions are there to the federal FOIA

Back 30

9

Front 31

in 2009, obama fought a court's order in a FOIA lawsuit regarding the release of what documents?

Back 31

photographs depicting abusive treatment of detainees in Iraq and Afghanistan

Front 32

(T or F) The SC ruled that journalists may accompany police when they execute search warrants, even if the property owners protest

Back 32

FALSE

Front 33

In determining whether to award attorney fees to a plaintiff who has prevailed in a FOIA lawsuit against a gov't agency, courts often consider what?

Back 33

the commercial benefit to the plaintiff in obtaining the info.

Front 34

When it comes to journalists recording and taping telephone conversations, the vast majority of states fall into the category of...

Back 34

one-party consent states

Front 35

Impartial juror

Back 35

one who may have heard things about the case, but has an open mind about the defendant's guilt or innocence.

Front 36

Under rule in Nebraska Press Assoc. v. Stuart, a judge may consider imposing a restrictive order against the press if...

Back 36

no other measure is likely to mitigate the effects of the publicity

Front 37

(T or F) If a judge decides not to participate in a case because of conflict of interest or other disqualifying condition, he or she then must "remand" himself from the case.

Back 37

False

Front 38

During the voir dire process in a criminal trial, both the state and the defense have what amount of peremptory challenges

Back 38

a limited #

Front 39

(T or F) judges have broad authority to bar jurors from speaking with reporters after a trial

Back 39

false

Front 40

(T or F) the publication before a trial of an accurate account of a defendant's criminal history is not regarded by most legal authorities as prejudicial to the defendant.

Back 40

false

Front 41

(T or F)The SC has ruled that defense lawyers can, in some circumstances, be barred from making statements about a pending case.

Back 41

TRUE

Front 42

What has happened to restrictive orders against the press since Nebraska Press Association case?

Back 42

they have almost disappeared

Front 43

(T or F) Sequestration of jurors has become much more common in criminal trials since the OJ trial.

Back 43

false

Front 44

Press-Enterprise test used by judges to do what?

Back 44

determine whether a pretrial proceeding will be open or closed

Front 45

To overturn a conviction in a trial that has been televised, the defendant must show what?

Back 45

That the use of the electronic recording equipment made a substantial difference in the outcome of the trial.

Front 46

Are cameras barred from all federal courtrooms?

Back 46

No.

Front 47

Are broadcasters now permitted to record and televise executions?

Back 47

No.

Front 48

Reporters are routinely denied access to what?

Back 48

out-of-court settlements and records entered under a protective order.

Front 49

Are proceedings before military tribunals open?

Back 49

They may or may not be.