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Q:
The federal government has decided that all suspected terrorists should be tried
A.by secret military tribunals.
B.in open federal courts in the United States.
C.in administrative hearings at the Guantanamo detention facility.
D.this issue is not yet resolved.
Q:
Even in states in which televising trials are permitted, broadcasters must always get prior approval from the trial judge before they can bring their cameras into the courtroom.
Q:
When considering whether to permit the broadcast of evidence in a criminal case, a court should consider
A.whether or not the material has been introduced into evidence in open court.
B.whether the broadcast could jeopardize the defendant's right to a fair trial.
C.what kinds of persons (defendants, witnesses, innocent third parties) are on the video or audio taped evidence.
D.all of the above.
Q:
Public and press access to military courts is generally open, but the question of whether the trials of terrorist suspects by military tribunals will be open has yet to be resolved.
Q:
The Press-Enterprise test is used by judges to determine
A.whether a libel plaintiff is a public figure. B. whether the use of copyrighted material was a fair use.
C. whether a pretrial proceeding will be open or closed.
D.None of the above is correct.
Q:
If a judge orders a trial proceeding closed, only the litigants can formally object to the order.
Q:
Some judges have refused to reveal the names and addresses of jurors sitting in a criminal trial
A.to protect the jurors from outside pressure.
B.to protect the jurors from harassment by the mass media.
C.to help ensure the safety of the jurors if an unpopular verdict is handed down.
D.All of the reasons listed above have been cited by judges.
Q:
The first recorded obscenity prosecution in the United States occurred in
A.1725.
B.1793.
C.1815.
D.1870.
Q:
To overturn a conviction in a trial that has been televised, the defendant must show
A.that the use of the electronic recording equipment made a substantial difference in the outcome of the trial.
B.that the cameras focused on the jurors as well as the other trial participants.
C.that the television coverage of the trial prejudiced the members of the community against him or her during the trial.
D.that he or she had not given permission for the proceedings to be televised.
Q:
The First Amendment does not protect the:
A.production of child pornography.
B.distribution of child pornography.
C.possession of child pornography.
D.production, distribution and possession of child pornography.
Q:
Proceedings before military tribunals
A.are always open because of the First Amendment.
B.are always closed because of the Sixth Amendment.
C.may or may not be open.
D.may only be held in official war zones.
Q:
Since the Supreme Court ruling in the Nebraska Press Association case, restrictive orders against the press
A.have almost disappeared.
B.have become more common against TV stations, but not as common against newspapers.
C.have greatly increased for all mass media.
D.are usually rejected by trial courts, but imposed by appellate courts.
Q:
Under the rule enunciated in Nebraska Press Association v. Stuart, a judge may consider imposing a restrictive order against the press if
A.the defendant has confessed to the crime.
B.the publicity being generated is patently false.
C.no other measure is likely to mitigate the effects of the publicity.
D.there is even a slight chance that the case will generate prejudicial publicity.
Q:
What are three processes or legal devices a trial judge can use to try to ameliorate or remedy the effects of mass media publicity about a case?
Q:
What must a trial judge do before he or she can issue a restrictive order against the press during a criminal proceeding?
Q:
Media coverage of crime and criminal trials has increased in recent years as the press spends less time reporting on domestic or foreign policy issues.
Q:
In Nebraska Press Association v. Stuart, the Supreme Court ruled that restrictive orders aimed at the participants in the trial are unconstitutional.
Q:
Sequestration of jurors has become much more common in criminal trials since the first O.J. Simpson trial.
Q:
The concept of the restrictive order was developed for the trial of Lee Harvey Oswald for killing President John Kennedy.
Q:
Most attorneys say that people who make the best jurors are generally well aware of what is going on in the community.
Q:
The Supreme Court has ruled that defense lawyers can, in some circumstances, be barred from making statements about a pending case.
Q:
The Supreme Court of the United States first suggested the idea of using restrictive orders to control the press coverage of a criminal case in the wake of the O.J. Simpson murder trial in Los Angeles.
Q:
Judges have broad authority to bar jurors from speaking with reporters after a trial.
Q:
In court rulings on whether trials are presumptively open or closed
A.the Supreme Court has ruled that both criminal and civil trials are open.
B.the Supreme Court has ruled that criminal trials are open, but civil trials are closed.
C.the Supreme Court has ruled that criminal trials are open, and lower federal and state courts have ruled that civil trials are open.
D.the Supreme Court has ruled the civil trials are open but criminal trials should be closed.
Q:
The definition of an impartial juror under the law is one who
A.has heard or read nothing about the case.
B.has not appeared on a talk show to discuss the case.
C.has formed no impressions about the case.
D.may have heard things about the case, but has an open mind about the defendant's guilt or innocence.
Q:
Although the press has been granted access to many, maybe even most, documents filed in connection with a trial, reporters are routinely denied access to
A.depositions and court docket sheets.
B.pre-sentencing reports and plea agreements.
C.out-of-court settlements and records entered under a protective order.
D.search warrants and indictments.
Q:
When a change of venue is granted in a state court, the judge is free to move the trial
A.to another court in the same community.
B.to another community in the same state.
C.to another community anywhere in the nation.
D.to a later date.
Q:
Social science evidence has shown conclusively
A.that popular television shows like "C.S.I." affect how jurors view evidence in criminal trials.
B.that any amount of publicity will influence potential jurors in a criminal trial.
C.that a change of venue rarely works to protect the fair trial rights of a defendant.
D.None of the above.
Q:
The names and addresses of jurors in a criminal case
A.must always be made public.
B.must always be kept secret.
C.are usually open to the public, but may be kept secret in special circumstances.
D.are not known to the lawyers and even the judges.
Q:
When a court orders a change of veniremen, this means
A.jurors who will hear the case will be selected from a community distant from the community in which the defendant will be tried.
B.the trial will be moved to a community distant from the community in which the crime was committed.
C.a new jury panel must be selected because of racial or gender imbalance.
D.the case will be heard without a jury.
Q:
Which of the following pretrial stories would not be regarded by most judges as being prejudicial to a criminal defendant?
A.A report that the defendant's fingerprints were found on the murder weapon.
B.A report that the defendant had confessed to the crime.
C.A report that the defendant was a member of a notorious street gang whose members had been linked to several killings.
D.A report that the defendant was arrested as he attempted to board a plane.
Q:
A trial judge has an absolute right to bar a juror from
A.using a handheld communication device like a smart phone or a Blackberry during a trial.
B.talking with other jurors about the case during the trial.
C.talking with the media about the case after the trial is completed.
D.a judge has no absolute right to do any of the things listed above.
Q:
The legal theory under which the plaintiff in Cohen v. Cowles Media Co. ultimately prevailed is called:
A.breach of contract
B.negligence
C.promissory estoppel
D.defamation
Q:
In 2013, Congress passed and President Obama signed into law a federal shield statute protecting journalists who appear in federal court proceedings from having to reveal the identity of their confidential sources.
Q:
As of August 2013, about how many states had shield laws protecting journalists from revealing certain information and/or confidential sources in court proceedings?
A.5 to 10
B.11 to 15
C.35 to 40
D.41 to 45
Q:
One of the first things reporters should do after receiving a subpoena is to try to destroy the records sought so they won't have to surrender the material.
Q:
Which one of the following cases centered on the ability of journalists to refuse to testify in grand jury proceedings?
A.Cohen v. Cowles Media Co.
B.Reporters Committee v. AT&T
C.Branzburg v. Hayes
D.Zurcher v. Stanford Daily
Q:
The publication before a trial of reports that the defendant has confessed to the crime is permissible because such confessions are always truthful.
Q:
Which one of the following cases centered on the ability of confidential sources to sue journalists who breach promises of confidentiality?
A.Cohen v. Cowles Media Co.
B.Reporters Committee v. AT&T
C.Branzburg v. Hayes
D.Zurcher v. Stanford Daily
Q:
Because of the power of the mass media today, most judges doubt that the voir dire process is effective in screening out potentially prejudicial jurors.
Q:
Ten of 12 of the federal appellate courts have ruled that the First Amendment provides at least limited or qualified protection for reporters who are asked to testify or produce photos or materials in proceedings other than:
A.civil trials.
B.criminal trials.
C.grand juries.
D.habeas corpus.
Q:
The press is never permitted to challenge a restrictive order aimed at trial participants because it lacks standing.
Q:
Variations of the Dendrite and Cahill tests often are used by courts today in determining whether:
A.a theory of promissory estoppel should apply in a civil lawsuit.
B.a website must reveal the identity of an anonymous poster in a civil lawsuit.
C.the collateral bar rule will apply in a civil lawsuit.
D.the collateral bar rule will apply in a criminal prosecution.
Q:
A 2006 appellate court decision in the California case of O'Grady v. Superior Court was:
A.a victory for Web site operators seeking protection as journalists in refusing to disclose their sources of information about Apple Computer.
B.a defeat for Web site operators seeking protection as journalists in refusing to disclose their sources of information about Apple Computer.
C.a victory for Web site operators under the laws of promissory estoppel after they breached promises of confidentiality to their sources of information.
D.a defeat for Web site operators under the laws of promissory estoppel after they breached promises of confidentiality to their sources of information.
Q:
In light of cases such as those involving James Risen of The New York Times in 2008, the head of the Reporters Committee for Freedom of the Press, Lucy Dalglish, advises journalists not to:
A.use the Internet
B.use office telephones
C.use confidential sources
D.use tape recorders
Q:
As of late 2013, the only state that did not recognize some form of a privilege (be it statutory, common law or constitutional) for journalists seeking to preserve the confidentiality of sources or information was:
A.Missouri
B.Florida
C.California
D.Wyoming
Q:
Set forth the three questions that courts typically ask in a civil lawsuit in determining whether a qualified reporter's privilege not to testify should be overcome.
Q:
Describe both the information that James Taricani wanted to keep secret and who was seeking the information from Taricani.
Q:
Fill in the Blank Space with the Name of the Correct Individual: As described in the textbook, the most famous confidential source in modern American journalism history was a man who died in 2008 named ________________.
Q:
Fill in the Blank Space with the Name of the Correct War: The earliest reported case of a journalist refusing to disclose the identity of a confidential source involved a New York Herald reporter who had obtained information about the _____________ War.
Q:
Fill in the Blank Space with the Name of the Correct Rule: The _________ rule prohibits journalists from breaking a court order before challenging it in court.
Q:
The key to understanding the Supreme Court's ruling in Branzburg v. Hayes is to understand Justice Lewis Powell's concurring opinion.
Q:
As of late 2013, each state that had adopted a shield law defined the critical term "journalist" as "a person engaged in the business of either gathering or reporting news."
Q:
The federal law and rules designed to protect the privacy of information of medical patients is known by the acronym ______________.
Q:
The Office of ___________________ was created as part of the Open Government Act of 2007 to serve as an ombudsperson and to mediate FOIA disputes as a nonexclusive alternative to litigation.
Q:
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.
Q:
A helicopter hovering above a person's property at a very low altitude for a prolonged period of time may constitute a trespass over that person's property.
Q:
Plaintiffs' attorneys now are suing not just for how news is reported, but increasingly for how news is gathered.
Q:
One of the numbered exemptions to the federal Freedom of Information Act exempts from disclosure agency records that reveal trade secrets.
Q:
The U.S. Supreme Court ruled in 2011 in FCC v. ATT, Inc. that FOIA Exemption 7 (c) applies to corporate entities.
Q:
In 2013, which one of the following journalists fought a subpoena relating to her confidential sources for a story about the prosecution of James Holmes for the Aurora, Colo., theater shooting?
A.Rachel Maddow
B.Jana Winter
C.Maureen Dowd
D.Diane Sawyer
Q:
In 2011, a federal appellate court in the case of Chevron Corp. v. Berlinger, involving a documentary called "Crude" made by Joseph Berlinger, held that Berlinger could not assert a journalistic privilege because
A.he lacked journalistic independence.
B.his work was a documentary film, not a televised news story.
C.he was not a credentialed journalist.
D.did not work for a news organization.
Q:
The Privacy Protection Act of 1980 came as a legislative response to which one of the following U.S. Supreme Court cases?
A.Cohen v. Cowles Media Co.
B.Reporters Committee v. AT&T
C.Branzburg v. Hayes
D.Zurcher v. Stanford Daily
Q:
Lower federal and state courts have fashioned a limited First Amendment privilege that often protects reporters who refuse to reveal the names of news sources. Judges seem more willing to grant reporters the use of this privilege in
A.grand jury investigations rather than in civil actions.
B.criminal actions rather than in civil actions.
C.civil actions rather than in grand jury investigations.
D.grand jury investigations rather than in criminal actions.
Q:
Courts that have addressed the issue of whether Internet service providers can be forced under subpoena in civil lawsuits to reveal the identity of people who post anonymous messages on the Internet
A.uniformly agree there is an absolute First Amendment right to engage in anonymous online speech that protects against such compelled disclosure.
B.uniformly agree the First Amendment is not relevant in this issue and that Internet service providers must therefore always reveal the identity of people who post anonymous messages on the Internet.
C.have attempted to create tests that balance First Amendment interests against the needs of plaintiffs for the names of a people who posts anonymous messages on the Internet.
D.have held that the Fourth Amendment must be balanced against the First Amendment in such civil lawsuits.
Q:
In Zurcher v. Stanford Daily, the U.S. Supreme Court ruled that newsroom searches
A.by government agents were a direct interference with freedoms protected by the First Amendment and are impermissible.
B.by government agents are not a First Amendment issue, but are governed by the Fourth Amendment and are clearly permissible.
C.by government agents are not a First Amendment issue, but are governed by the Fourth Amendment and are clearly impermissible.
D.are limited, but not totally banned, by the First Amendment.
Q:
In determining whether a First Amendment-based privilege protects journalists from revealing confidential information and/or confidential sources in criminal trials in which the defendant is seeking the information, courts must balance the First Amendment against
A.the Fourth Amendment.
B.the Sixth Amendment.
C.both the Fourth Amendment and the Sixth Amendment.
D.neither the Fourth Amendment nor the Sixth Amendment.
Q:
The U.S. Supreme Court ruled in 2013 in McBurney v. Young that states may:
A.adopt open-meetings laws that preclude citizens from other states from using those laws.
B.not adopt open-meetings laws that preclude citizens from other states from using those laws.
C.adopt open-records laws that preclude citizens from other states from using those laws.
D.not adopt open-records laws that preclude citizens from other states from using those laws.
Q:
The case of Wilson v. Layne illustrates the principle that when law enforcement officials bring reporters during a ride-along inside a private home during an otherwise valid search they may violate the _____________ Amendment.
Q:
The U.S. Supreme Court's 2011 ruling in Milner v. Department of the Navy gave
A.a narrow interpretation to the scope of FOIA Exemption B.a broad interpretation to the scope of FOIA Exemption C.a narrow interpretation to the scope of FOIA Exemption 4.
D.a broad interpretation to the scope of FOIA Exemption 4.
Q:
The federal law adopted in 1974 that is designed to safeguard the privacy of students' education records is known by the acronym ____________.
Q:
In 2006, a federal appellate court in Baltimore Sun v. Ehrlich held that a state governor
A.must grant interview access to journalists.
B.does not need to grant interview access to journalists.
C.is subject to the federal Freedom of Information Act.
D.cannot block access to his monthly calendars under a state open records law.
Q:
The 2010 case of Frederick v. Biography Channel involving the actions of the police in Naperville, Illinois, illustrates the problems when
A.police trespass on private property when filming reality TV shows.
B.reporters for cable channels trespass on private property when filming reality TV shows.
C.police and reporters for cable channels act in symbiotically when filming reality TV shows.
D.police and reporters for cable channels plant hidden cameras to film suspects.
Q:
Under the federal Freedom of Information Act, a government agency has how many working/business days to respond to a request for records after it receives the request?
A.Five
B.Ten
C.Fifteen
D.Twenty
Q:
Records of which of the following are not subject to the federal Freedom of Information Act?
A.The U.S. Congress
B.The U.S. Supreme Court
C.Both the U.S. Congress and the U.S. Supreme Court
D.The Federal Communications Commission
Q:
The decision by the U.S. Supreme Court in 2004 in National Archives and Records Administration v. Favish centered on a dispute over access to:
A.financial data.
B.death-scene photographs.
C.the military records of George W. Bush.
D.special operations forces in Iraq.
Q:
In making federal FOIA requests, representatives of the news media are
Q:
When it comes to journalists recording and taping telephone conversations, the vast majority of states fall into the category of
A.no-party consent states.
B.one-party consent states.
C.all-party consent states.
D.multi-party consent states.
Q:
In determining whether to award attorney fees to a plaintiff who has prevailed in a FOIA lawsuit against a government agency, courts often consider:
A.the wealth of the plaintiff prior to the lawsuit
B.the commercial benefit to the plaintiff of obtaining the information
C.both "a" and "b" are correct
D.neither "a" nor "b" is correct
Q:
Most persons think of the publication of private facts about a person when they think of the right to privacy, yet this variety of the tort has been the least accepted by the courts. Why?