Media Law Study Guide - Final Exam

Front 1

What landmark case established the guidelines for issuing gag orders on the media relating to trials?

Back 1

Nebraska Press Association vs Stuart, 1976

Front 2

What is the test for determining whether or not a judge can issue a gag order on the media?

Back 2

A judge can only issue a gag order on the media if:

1. There is intense and persuasive publicity likely to affect the fairness of the trial, AND,
2. Other measures, like voir dire, continuance, change of venue, and sequestration are unlikely to be effective in mitigating pretrial publicity; AND
3. Issuing a gag order is likely to be effective in mitigating pretrial publicity

Front 3

Two rules for violating gag orders, their names and application.

Back 3

Dickenson rule: A journalist must obey all court orders.

Providence Journal Rule: A journalist may disobey a "patently invalid" gag order after making a good faith effort to have it overturned.

Front 4

What is the landmark case with regard to gag orders issued at trial participants, and what does it state?

Back 4

Gentile vs State Bar of Nevada.

Attorneys can be prohibited from making statements if there is a "substantial likelihood" that their statements will prejudice trial participants.

Front 5

When can a publication or broadcast be cited for Contempt of Court?

Back 5

Only if the publication presents a "clear and present" danger to the fair administration of justice.

Front 6

Smith v Daily Mail, background, rule

Back 6

Virginia law made it a crime to identify crime committed by a juvenile.


Supreme Court ruled statute was unconstitutional. A state cannot punish publication of true information that was lawfully obtained, unless it is necessary to "further a need of the highest order" [a compelling government interest].

Front 7

Three conflicts between first amendment and sixth amendment

Back 7

Pretrial publicity influncing jurors

During trial publcity influencing jurors

Distractions in the courtroom

Front 8

Four judicial remedies to pretrial and during trial conflicts

Back 8

Voir dire

Continuance

Sequestation

Change of Venue

Front 9

Richmond Newspaper v Virginia

Back 9

4th trial

SCOTUS rules there is 1st amendment right to court access for press and public

Front 10

Globe Newspaper v Superior Court

Back 10

SCOTUS says court closures must be case-by-case

Invalidates law mandating court closures for certain types of testimony

Front 11

PE1

Back 11

Opened voir dire to public

Front 12

PE2

Back 12

opened preliminary hearing to public

Front 13

Press Enterprise Test for Court Closures

Back 13

1. Does this proceeding have a constitutional right of access?

Answer this question with both history and logic test.

If no, then no right of access exists

If yes, then we move on to the next part of the test:

The judge can only close if a closure is necessary to serve a higher value than openess, and that closure has to be as narrowly tailored as possible.

If that higher value is the defendant's sixth amendment rights, the judge has to outline that:

there is a substantial liklihood that an open proceeding would interfere with that right

and no other measures would resolve the problem

and that closure would resolve the issue.

Front 14

Cameras in the Courtroom, landmark case

Back 14

Chandler v Florida.

Cameras alone do not violate a defendant's sixth amendment rights

Front 15

NC rules for cameras in the courtroom

Back 15

Judge must grant permission.

Limits amount of equipment.

Prohibited in some proceedings, such as juvenilles

Can not videotape jurors and certain types of witnesses.

Can not videotape certain conferences, such as attorney-client/judge.

Front 16

Pell v Procunier & Saxbe v WPost

Back 16

Reporters have no more access than public

Front 17

Houcins v KQED

Back 17

No first amendment right to all sources of information within government control

Front 18

Freedom of Information Act

Back 18

Provides all persons access to all records of all federal agencies

Front 19

Making a FOIA request

Back 19

Make it to FOIA officer at agency. Expect 20 days.

Appeal to agency head.

2nd appeal to US District Court. Burden on agency to justify withholding

Front 20

FOIA - "All federal agencies" - what does it cover, what doesn't it?

Back 20

Grants access to:
Regulatory boards -FTC, FCC, etc
Govt-controlled corporations - postal services
All military
Cabinet Departments


Does not grant access to:
President or his advisers
Congress
Courts

Front 21

FOIA - fees

Back 21

Can charge nominal fees, but should be waived in certain cases in order to serve public interest.

Front 22

FOIA - exemptions

Back 22

1. National security.
2. Personnel rules.
3. Statute related exemptions.
4. Interoffice memorandum
5. Trade secrets
6. Some types of law enforcement records.
7. Geological records.
8. Bank records.
9. Personnel private records, medical, etc.

Front 23

Electronic Freedom of Information Act (EFOIA), purpose, what it enforces.

Back 23

Enacted to provide access to electronic records.

Requires agencies to make important records available online. Also requires agencies to prove records in requested format.

Front 24

Federal Open meetings (sunshine) Act

Back 24

Requires open meetings of about 50 or so executive branch agencies headed by 2 people or more.

10 exemptions and not very effective.

Front 25

Federal Advisory Committee Act

Back 25

Requires open meetings for citizen advisory boards. Not very effective

Front 26

NC Open Meetings Law, justifications for closure

Back 26

1. Confidential information.
2. Honors or awards.
3. Attorney-client
4. Industry/business expansion
5. Real estate or labor dispute
6. Personnel
7. Criminal investigations.

Front 27

NC Open Meetings Law, minutes

Back 27

Minutes must be kept.

Front 28

NC Open Meetings Law, what constitutes a public meeting

Back 28

Public notice required.

Radio and TV can broadcast.

Occurs whenever a majority of a body meets to transact business.

Covers electronic meetings.

Front 29

NC Open Meetings Law, what constitutes a public body

Back 29

1. Any group of 2 or more members.
2. Elected or appointed.
3. With policy making, judicial, legislative, administrative, advisory functions

Front 30

NC Open Meetings Law, what to do about a violation

Back 30

Go to court for an injunction. Court can void actions made at a closed meeting.

Front 31

NC Public Records Law, what is not considered a public record

Back 31

1. Writtend communication from attorney to public
2. State tax information
3. Trade Secrets
4. Criminal investigations and intelligence records.

Front 32

NC Public Records Law, what are public records

Back 32

Public records are those records in connection with the transaction of public business.

Front 33

Childrens Privacy on the Net, what are the relevant laws?

Back 33

Childrens Online Privacy Protection Act

Childrens Online Protection Act

Communications Decency Act

Childrens Internet Protection Act

Child Pornography Prevention Act

Front 34

Communications Decency Act

Back 34

Criminalized indecent transmission of content to minors.

Led to Reno v ACLU.

SCOTUS rules that internet gets the highest level of 1st amendment protection.

Also CDA was vague and overbroad.

Front 35

Children's Online Protection Act

Back 35

Websites need to ask for credit cards or other age-verification questions.

Front 36

Children's Online Privacy Protection Act

Back 36

Sites need privacy policies if seeking information from <13 years old, must have allow parental access and consent

Front 37

Childrens Internet Protection Act

Back 37

Filters at library. SCOTUS upholds.

Front 38

Children Pornography Prevention Act

Back 38

Banned virtual pornography of minors, pornography that appeared to include minors but actual did not.

SCOTUS invalidates. Impossible criteria to determine what appeared to be a minor was the main reason

Front 39

Ashcroft vs ACLU 1

Back 39

COPA was not unconstitutional because it used Miller Test for Obscenity.

Front 40

Ashcroft vs ACLU 2

Back 40

COPA may be unconstitutional because filters may be a less intrusive mean of obtaining the same goal

Front 41

Miller Test

Back 41

1. Reasonable person, applying contemporary community standards, prurient interest.
2. Sexual based.
3. No artistic, literary, potential, or scientific value

Front 42

Rationales for regulations of airwaves

Back 42

Public trustees
Scarcity of spectrum
Persuasiveness and unique power/captive audience/children

Front 43

Red Lion v FCC

Back 43

Upheld fairness doctrine.

But really upheld broadcast having a different standard than the print medium.

Front 44

Origins of broadcast regulation

Back 44

Radio act of 1912
Communications Act of 1927
Communications Act of 1934

Front 45

General regulations on broadcast

Back 45

Political rules

Bans on indecent programs

Children's programs

Front 46

Regulations on broadcast, political rules

Back 46

Equal opportunity for candidates for the same office. Same price, quality of time, access to resources.

Forced to sell time to federal candidates.

Exemptions: Incidental documentary appearances, regularly scheduled interviews, news, and debates

Front 47

Regulations on broadcast, children

Back 47

Children TV Act

Mandates 3 hours a week of programming.

Limits commercial time.

And limits commercial characters.

Front 48

Cable regulations, case, and what rules apply

Back 48

Landmark case is Turner v FCC

Content-neutral regulations applied to cable require intermediate scrutiny.

Content-based regulations applied to cable require strict scrutiny.

So, political and children's rules do not apply to cable.

But commercial speech and advertising rules do apply.

Front 49

Central Hudson Test

Back 49

1. Is the expression protected by the First Amendment? For speech to come within that provision it must concern lawful activity and not be misleading.
2. Is the asserted governmental interest substantial?
3. Does the regulation advance the governmental interest asserted?
4. Is the regulation more extensive than is necessary to serve that interest?

Front 50

Valentine v Christensen

Back 50

SCOTUS rules that advertising receives no protection.

Front 51

Virginia State Board of Pharmacy v Virginia Citizen's Council

Back 51

SCOTUS rules that purely commercial speech receives protection but govt may regulate misleading false deceptive ads or ads about illegal products/services.

Front 52

Deceptive Advertising , who regulates?

Back 52

FTC

Front 53

What is a deceptive ad

Back 53

An ad is deceptive if it contains a representation or omission of information that is material and likely to mislead reasonable consumers.

Front 54

What does the FTC look at when examining an advertisement?

Back 54

The net impression.

Can be nonverbal or comparative. Can be implied. Can include omissions. Fine print may not cover advertiser.

Front 55

Self regulation, three organizations

Back 55

National Advertising Board

National Advertising Review Board

Childrens Advertising Review Board

Front 56

FTC tools to combat deception

Back 56

1. Advisory opinions.
2. Industry guides
3. Policy Statements
4. Regulation rules
5. Substantiation

Front 57

FTC punishments for advertisers

Back 57

1. Consent decrees.
2. Cease and desist orders, quasi-judicial proceeding, can be appealed.
3. Injunctions, must go to court for this.
4. Civil and criminal penalties.