Question 1

More conservative presidents, who campaign for strong national security and smaller government, tend to withhold more government records than more liberal presidents.

Accepted Answer

A) True 
 B)False  True

Question 2

Public access to government records depends on several provisions of open records laws, including the (l) stated purpose of the law, (2) how government agencies and records are defined, (3) the time allowed for government responses to requests, (4) the fees charged, and the (5) penalties imposed if governments illegally withhold records. Briefly outline how any four of the above five provisions should be framed in an open records statute designed to provide maximum access to public records. Briefly describe how these four provisions in the federal Freedom of Information Act serve or fail to serve public access to government information

Accepted Answer

1) Strong open records laws contain statements of purpose or policy statements committing the state to open government for democratic purposes. The federal Electronic Freedom of Information Act is supposed to "foster democracy" and declares that records are open for any public or private use. The federal open records law declares that records are presumptively open, and that exemptions should be narrowly interpreted. Disclosure is the main goal, the Supreme Court has said, even though exemptions provide for withholding records the disclosure of which would invade privacy or interfere with national security. Stated policies of openness direct record custodians and the courts to err on the side of openness in close cases. 
2) Strong open records acts define records broadly, including virtually all records and information acquired and maintained by a government agency. "Records" in strong laws are not defined as "written memorials of final actions" or only as paper documents, but include documents, photographs and electronic information. The software necessary to download and read electronic records should also be a public record. The FOIA does not define records, but
EFOIA defines records as all nonexempt information maintained by an agency in any format.
3) Strong open records laws provide a limited time for agencies to respond and fulfill requests. Open records laws are ineffective if custodians can postpone responses indefinitely. Under federal law, custodians have 20 days within which to respond to a records request. Federal law provides for expedited review and disclosure when the requester can demonstrate a compelling need, such as an urgent need for public dissemination.
4) Charges for searches and copying should generally be limited to the actual costs of finding and copying records. To encourage disclosure, fees can be waived for requesters who are seeking records to serve the democratic goals of open records acts. The federal law allows agencies to charge the actual costs of searching and copying, the hourly cost of search personal and a reasonable cost per page for copying. However, the federal law provides for no charge for the first 100 copies and the first two hours of search time when records are requested for public dissemination. Indeed, all search and copy fees may be waived if a requester is seeking records for public dissemination and not for a commercial purpose.
5) Successful open records laws impose penalties for agencies that withhold information they should disclose. The federal law allows requesters who are denied records the ability to sue in federal court to acquire the records. Federal courts can review the records in chambers. Requesters who are successful on appeal have the incentive of recouping attorneys' fees and other litigation costs. In rare cases, a federal custodian might be held in contempt for refusing an order to disclose records.

Question 3

In the 2019 criminal prosecution of a former press secretary to Atlanta's mayor for violating the Georgia Open Records Act:

Accepted Answer

A)  the former press secretary was convicted by a jury and ordered to pay a $1,500 fine 
B)  the penalty was seen as rare by many public records advocates 
C)  in response to a public records request, the former press secretary told another official to "drag this out as long as possible" and to "provide information in the most confusing format available" 
D)  all of the above 
E)  none of the above 
A)  the former press secretary was convicted by a jury and ordered to pay a $1,500 fine 
B)  the penalty was seen as rare by many public records advocates 
C)  in response to a public records request, the former press secretary told another official to "drag this out as long as possible" and to "provide information in the most confusing format available" 
D)  all of the above 
E)  none of the above D

Question 4

Criminal records compiled on a student at a campus police station at a state university are public records.

Accepted Answer

A) True 
 B)False

Question 5

Generally, under state open records laws:

Accepted Answer

A)  public officials who fail to comply can be punished with civil or criminal penalties, but stiff penalties are seldom imposed 
B)  civil or criminal penalties for failing to comply are not on the books 
C)  courts are not permitted to award attorney fees for successful lawsuits challenging improper denials of access 
D)  A & B only 
E)  all of the above 
A)  public officials who fail to comply can be punished with civil or criminal penalties, but stiff penalties are seldom imposed 
B)  civil or criminal penalties for failing to comply are not on the books 
C)  courts are not permitted to award attorney fees for successful lawsuits challenging improper denials of access 
D)  A & B only 
E)  all of the above

Question 6

Federal law requires colleges and universities to "immediately notify" the campus community of "a significant emergency or dangerous situation" threatening the health or safety of students or staff.

Accepted Answer

A) True 
 B)False

Question 7

Federal agencies have 20 days to determine whether they can fulfill a Freedom of Information Request.

Accepted Answer

A) True 
 B)False

Question 8

The Supreme Court has ruled citizens and the press have a constitutional right of access to:

Accepted Answer

A)  accident scenes along interstate highways 
B)  federal prisons 
C)  war theaters where Americans are fighting 
D)  courtrooms 
E)  all of the above 
A)  accident scenes along interstate highways 
B)  federal prisons 
C)  war theaters where Americans are fighting 
D)  courtrooms 
E)  all of the above

Question 9

"Educational records" that a state university must withhold under The Family Educational Rights and Privacy Act do NOT include the following:

Accepted Answer

A)  charges lodged against a student at the campus police station 
B)  aggregate data-without names-about the number and locations of violent crimes on and near campus 
C)  directory information, including a student athlete's name, weight and hometown 
D)  all of the above may be disclosed 
E)  none of the above may be disclosed 
A)  charges lodged against a student at the campus police station 
B)  aggregate data-without names-about the number and locations of violent crimes on and near campus 
C)  directory information, including a student athlete's name, weight and hometown 
D)  all of the above may be disclosed 
E)  none of the above may be disclosed

Question 10

Two cases in which the U.S. Supreme Court ruled that the press and public have no First Amendment right of access to prisons:

Accepted Answer

A)  Pell v. Procunier and Saxbe v. Washington Post 
B)  Richmond Newspaper v. Virginia and Department of Justice v. Reporters Committee for Freedom of the Press 
C)  Chrysler Corporation v. Brown and Department of the Air Force v. Rose 
D)  Sheppard v. Maxwell and Saxbe v. Washington Post 
E)  none of the above 
A)  Pell v. Procunier and Saxbe v. Washington Post 
B)  Richmond Newspaper v. Virginia and Department of Justice v. Reporters Committee for Freedom of the Press 
C)  Chrysler Corporation v. Brown and Department of the Air Force v. Rose 
D)  Sheppard v. Maxwell and Saxbe v. Washington Post 
E)  none of the above

Question 11

Open records laws usually provide citizens access to:

Accepted Answer

A)  judicial records 
B)  legislative records 
C)  executive branch records 
D)  all of the above 
E)  A and C 
A)  judicial records 
B)  legislative records 
C)  executive branch records 
D)  all of the above 
E)  A and C

Question 12

Federal law provides strong protections for the privacy of student educational records.

Accepted Answer

A) True 
 B)False

Question 13

Open records laws usually allow custodians to withhold records that would embarrass the government.

Accepted Answer

A) True 
 B)False

Question 14

Records. Describe how the Society of Professional Journalists would evaluate the following definition of public records in an open records act: "A public record is a written memorial of a final action." What would be an alternative definition the society might prefer?

Accepted Answer

The answer of Records. Describe how the Society of Professional...

Question 15

The press and public have a First Amendment right of access to records and meetings of the executive branch of government, the Supreme Court has ruled.

Accepted Answer

A) True 
 B)False

Question 16

Embedded journalists. Hundreds of journalists were embedded with American troops during
Operation Iraqi Freedom. Under what legal authority did the journalists accompany American troops? The first amendment? A federal statute? Other? Did journalists have complete freedom to publish and broadcast whatever they chose to report?

Accepted Answer

The answer of Embedded journalists. Hundreds of journalists were embedded...

Question 17

In 2009, Congress amended the Homeland Security Act to permit the Secretary of Defense to withhold photographs, films or video of detainees abused by American forces if disclosure would endanger U.S. citizens, military or employees of the U.S.

Accepted Answer

A) True 
 B)False

Question 18

Congress and the Obama administration jointly concluded democratic governance requires disclosure of photos of Americans abusing war-time prisoners.

Accepted Answer

A) True 
 B)False

Question 19

Disclosure of government computer compilations of records poses a greater threat of invading privacy than disclosure of individual records from many locations, the Supreme Court ruled in Department of Justice v. Reporters Committee for Freedom of the Press.

Accepted Answer

A) True 
 B)False

Question 20

Open records laws usually provide citizens access to electronic records.

Accepted Answer

A) True 
 B)False

More conservative presidents, who campaign for strong national security and smaller government, tend to withhold more government records than more liberal presidents.

In the 2019 criminal prosecution of a former press secretary to Atlanta's mayor for violating the Georgia Open Records Act:

Criminal records compiled on a student at a campus police station at a state university are public records.

Generally, under state open records laws:

Federal law requires colleges and universities to "immediately notify" the campus community of "a significant emergency or dangerous situation" threatening the health or safety of students or staff.

Federal agencies have 20 days to determine whether they can fulfill a Freedom of Information Request.

The Supreme Court has ruled citizens and the press have a constitutional right of access to:

"Educational records" that a state university must withhold under The Family Educational Rights and Privacy Act do NOT include the following:

Two cases in which the U.S. Supreme Court ruled that the press and public have no First Amendment right of access to prisons:

Open records laws usually provide citizens access to:

Federal law provides strong protections for the privacy of student educational records.

Open records laws usually allow custodians to withhold records that would embarrass the government.

Records. Describe how the Society of Professional Journalists would evaluate the following definition of public records in an open records act: "A public record is a written memorial of a final action." What would be an alternative definition the society might prefer?

The press and public have a First Amendment right of access to records and meetings of the executive branch of government, the Supreme Court has ruled.

In 2009, Congress amended the Homeland Security Act to permit the Secretary of Defense to withhold photographs, films or video of detainees abused by American forces if disclosure would endanger U.S. citizens, military or employees of the U.S.

Congress and the Obama administration jointly concluded democratic governance requires disclosure of photos of Americans abusing war-time prisoners.

Disclosure of government computer compilations of records poses a greater threat of invading privacy than disclosure of individual records from many locations, the Supreme Court ruled in Department of Justice v. Reporters Committee for Freedom of the Press.

Open records laws usually provide citizens access to electronic records.

Public Communication and the Law

The First Amendment

Methods of Control

Libel

Privacy

Intellectual Property

Political Speech

Commercial Speech

Obscenity and Indecency

The Media and the Judiciary

Protection of News Sources, Notes and Recordings

Filters

Exam 12: Access to Information

More conservative presidents, who campaign for strong national security and smaller government, tend to withhold more government records than more liberal presidents.

In the 2019 criminal prosecution of a former press secretary to Atlanta's mayor for violating the Georgia Open Records Act:

Criminal records compiled on a student at a campus police station at a state university are public records.

Generally, under state open records laws:

Federal law requires colleges and universities to "immediately notify" the campus community of "a significant emergency or dangerous situation" threatening the health or safety of students or staff.

Federal agencies have 20 days to determine whether they can fulfill a Freedom of Information Request.

The Supreme Court has ruled citizens and the press have a constitutional right of access to:

"Educational records" that a state university must withhold under The Family Educational Rights and Privacy Act do NOT include the following:

Two cases in which the U.S. Supreme Court ruled that the press and public have no First Amendment right of access to prisons:

Open records laws usually provide citizens access to:

Federal law provides strong protections for the privacy of student educational records.

Open records laws usually allow custodians to withhold records that would embarrass the government.

Records. Describe how the Society of Professional Journalists would evaluate the following definition of public records in an open records act: "A public record is a written memorial of a final action." What would be an alternative definition the society might prefer?

The press and public have a First Amendment right of access to records and meetings of the executive branch of government, the Supreme Court has ruled.

In 2009, Congress amended the Homeland Security Act to permit the Secretary of Defense to withhold photographs, films or video of detainees abused by American forces if disclosure would endanger U.S. citizens, military or employees of the U.S.

Congress and the Obama administration jointly concluded democratic governance requires disclosure of photos of Americans abusing war-time prisoners.

Disclosure of government computer compilations of records poses a greater threat of invading privacy than disclosure of individual records from many locations, the Supreme Court ruled in Department of Justice v. Reporters Committee for Freedom of the Press.

Open records laws usually provide citizens access to electronic records.

Public Communication and the Law

The First Amendment

Methods of Control

Libel

Privacy

Intellectual Property

Political Speech

Commercial Speech

Obscenity and Indecency

The Media and the Judiciary

Protection of News Sources, Notes and Recordings

Filters