Deck 8: Reporters Privilege

Question 1

Jones is a reporter for Channel 10.Jones interviews Kennedy about a group that robs elderly people's houses in the community.Jones says Kennedy's name will not appear in the story.But the Channel 10 news producer insists Kennedy's name be part of the story.After Kennedy hears the story,Kennedy sues Jones,the news producer,and Channel 10 for breaking Jones' promise.Kennedy will

A)win because the U.S.Supreme Court and other courts have said the First Amendment does not protect reporters who break confidentiality promises.
B)lose because the producer ordered Jones to reveal Kennedy's name; Jones did not do so voluntarily.
C)lose because the U.S.Supreme Court and other courts have said the First Amendment protects reporters who break confidentiality promises.
D)lose because no one can sue for a broken oral promise,only for violating a written contract.

Answer 1

A

Question 2

The U.S.Supreme Court in Zurcher v.Stanford Daily ruled that a newsroom search by government agents with a search warrant is

A)a direct interference with freedoms protected by the First Amendment and is impermissible.
B)not a First Amendment issue and is permissible.
C)not a First Amendment issue but nonetheless is clearly impermissible.
D)against laws in all states.

Answer 2

B

Question 3

Under the doctrine of promissory estoppel,

A)a verbal promise is equivalent to a verbal contract.
B)promises of confidentiality cannot be made by journalists.
C)news sources cannot accept promises of confidentiality.
D)when a promise is relied on and harm follows due to that promise being broken,legal liability may exist.

Answer 3

D

Question 4

The impact of Cohen v.Cowles Media Co.includes

A)news media organizations excluding their lawyers from journalistic decision-making.
B)sources being more confident that their identities will be kept confidential.
C)the concept of promissory estoppel being ruled unconstitutional.
D)First Amendment protection for journalists being strengthened.

Question 5

Shield laws

A)exist in all states.
B)exist in all states and on the federal level.
C)vary widely in their coverage and protection.
D)protect against "gag" orders.
E)both B and D

Question 6

Former New York Times reporter Judith Miller was jailed for refusing to testify

A)to a congressional committee about information she received from a confidential source.
B)at a trial about information she received from a confidential source.
C)to a grand jury about information she received from a confidential source.
D)in a preliminary hearing for a terrorist trial.

Question 7

State shield laws [Shield Laws] Factual

A)vary both in the nature of the protection they provide and the individuals they shield.
B)undermine the clear constitutional protection of reporter's privilege.
C)provide clear protection to anyone providing objective information to the public.
D)are very consistent in the nature of the protection they provide and the individuals they shield.

Question 8

What is the name of the test used to determine if a reporter should have a qualified privilege to protect a news source?

A)Booth test
B)Nebraska Press Association test
C)Sullivan test
D)Branzburg test

Question 9

The Supreme Court's three-part test rejects the protection of reporter's privilege when a reporter is likely to have [Reporter's Privilege] Factual

A)second-hand information that might ease prosecution.
B)engaged in illegal activity central to the prosecution.
C)possession of information of significant interest,clearly relevant to a legal proceeding that cannot be obtained by alternate means.
D)organized,participated in,and benefitted from a crime.

Question 10

Court use of contempt citations to attempt to force journalists to disclose confidential information [After Branzburg] Factual

A)is declining because of the federal shield law.
B)is declining because the First Amendment protects journalists from contempt citations.
C)is on the rise.
D)is extremely rare and of little concern to professional newsgatherers.

Question 11

A shield law exists in

A)one state
B)approximately 20 states
C)a majority of states
D)all states

Question 12

The majority of federal courts

A)protect reporters from revealing information by using a federal shield law.
B)protect reporters from revealing information by using a qualified First Amendment privilege.
C)protect reporters from revealing information by using either a qualified First Amendment privilege or a federal shield law.
D)do not protect reporters from revealing information under any circumstances.

Question 13

Courts generally have found that search warrants served on journalists are

A)legal and must be obeyed.
B)violative of journalists' First Amendment rights.
C)prohibited by shield laws.
D)legal if the journalist is in a Providence Journal jurisdiction.

Question 14

In applying the journalist's privilege,most courts have

A)defined "journalist" as someone with a college degree in journalism or a related field.
B)defined "journalist" as someone who has a press pass from a legitimate news media organization.
C)defined "journalist" as someone who writes for a newspaper or appears on television.
D)not precisely defined "journalist" in spite of the efforts of some courts to do so.

Question 15

A major difference between being the subject of a subpoena and a search warrant is that

A)there is no difference; you must immediately comply with both.
B)there is no difference; you can file a motion to quash both.
C)you can challenge the search warrant in court,but must immediately comply with a subpoena.
D)you can challenge the subpoena in court,but must immediately comply with a search warrant.

Question 16

Shield laws are intended to protect the identity of

A)reporters
B)news sources
C)law enforcement agents
D)newspaper publishers

Question 17

A reporter is least likely to have reporter's privilege when subpoenaed to testify

A)before a federal grand jury.
B)in a criminal trial.
C)in a civil case in which he/she is a party.
D)in a civil case in which he/she is not a party.

Question 18

The federal shield law [Shield Laws] Factual

A)supersedes state laws.
B)has never been enacted.
C)defines journalists broadly.
D)none of the above.

Question 19

The limited protection of reporter's privilege extends to [After Branzburg] Factual

A)everyone sharing information with the public over any medium.
B)only licensed journalists.
C)only journalists working for accredited news organizations.
D)reporters some of the time but may not protect freelance journalists.

Question 20

What action did the U.S.Supreme Court take in Cohen v.Cowles Media Co.?

A)It upheld the jail sentence for a reporter who refused to reveal a source.
B)It ordered a lower court to free a reporter who had been jailed for refusing to identify a confidential source.
C)It permitted a source who had been promised confidentiality to sue a newspaper for civil damages when his name was revealed in a news story.
D)It ruled that the First Amendment exempted reporters from the doctrine of promissory estoppel.

Question 21

Following the Supreme Court's ruling in Branzburg v.Hayes,states [Shield Laws] Factual

A)quickly repealed their shield laws.
B)quickly enacted shield laws.
C)attempted to revise their constitutions to provide shields for journalists' information.
D)allowed their shield laws to expire.

Question 22

Some state courts have ruled that reporter's privilege is embedded in their state constitutions.

Question 23

State shield laws often do not protect journalists called to testify about [What Is Covered] Factual

A)information they have not published or distributed.
B)events they witnessed.
C)
C)cases in which they are the defendant.
D)both B and

Question 24

Reporter's privilege stems from the Freedom of Information Act.

Question 25

The Privacy Protection Act [The Privacy Protection Act] Factual

A)restricts the use of search warrants in newsrooms.
B)allows journalists to sue law enforcement officers for unreasonable searches.
C)protects journalists' work product from search and seizure as part of a criminal investigation.
D)all of the above.

Question 26

Documentary filmmakers and writers of nonfiction books [After Branzburg] Factual

A)are uniformly protected by state shield laws.
B)are sometimes covered by state shield laws.
C)have not attempted to use state shield laws.
D)are never covered by shield laws.

Question 27

Promissory estoppel is considered a generally applicable law.

Question 28

Many U.S.Courts of Appeals have recognized that a reporter's privilege exists.

Question 29

Law enforcement officers with search warrants generally [Newsroom Searches] Conceptual

A)violate the First Amendment if they search newsrooms.
B)may search newsrooms only when there is an immediate risk of destruction of important material.
C)may conduct reasonable searches of newsrooms subject to the terms of applicable laws.
D)may be delayed indefinitely from conducting a newsroom search.

Question 30

Maryland passed the nation's first shield law.

Question 31

In Branzburg v.Hayes,the Supreme Court held that [Cases for Study] Factual

A)requiring journalists to testify before grand juries violates the First Amendment.
B)requiring journalists to testify before grand juries does not violate the First Amendment.
C)requiring journalists to produce illegally obtained documents violates the freedom of the press.
D)requiring journalists to produce illegally obtained documents does not violate the freedom of the press.

Question 32

The Supreme Court's decision in Cohen v.Cowles established that [Breaking Promises of Confidentiality] Factual

A)news media can be sued for breaking promises of confidentiality.
B)general contract law does not apply to the news media.
C)enforcement of promissory estoppel violates the First Amendment.
D)none of the above.

Question 33

"Fishing expeditions" for evidence related to criminal proceedings are [Other Sources of Protection] Conceptual

A)allowed with a valid search warrant.
B)allowed for journalists and citizens alike.
C)not permitted.
D)not permitted unless the investigators believe they are necessary.

Question 34

Most states prohibit any form of reporter's privilege.

Question 35

It is clear that reporter's privilege exists in grand jury situations.

Question 36

The Supreme Court has held that the First Amendment protects journalists from the obligation to testify before a grand jury even if subpoenaed.
Conceptual Reporter's Privilege

Question 37

In Cohen v.Cowles,the Supreme Court held that [Cases for Study] Factual

A)the federal shield law prohibits a plaintiff from recovering damages for a journalist's broken promise.
B)the federal shield law does not prohibit a plaintiff from recovering damages for a journalist's broken promise.
C)the First Amendment does not prohibit a plaintiff from recovering damages for a journalist's broken promise.
D)the First Amendment prohibits a plaintiff from recovering damages for a journalist's broken promise.

Question 38

The First Amendment protects journalists when they choose to break promises of confidentiality.

Question 39

Criminal contempt is sometimes called [Criminal Contempt] Factual

A)direct contempt.
B)indirect contempt.
C)judicial offense.
D)innocent disrespect.

Question 40

Of those states that have shield laws,there is consistency in how the laws are worded and applied.

Question 41

Under the federal Privacy Protection Act,what reasons can the government use to obtain a search warrant and search for or seize newsroom materials?

Question 42

Explain why the Supreme Court's ruling in Branzburg v.Hayes prompted states to adopt shield laws.

Question 43

Shield laws struggle to appropriately define "journalist." Compare and contrast at least two ways states define those protected by their shield law to discuss this difficult definition and to provide reasoning to support what you believe a good shield law should do.

Question 44

Reporter's privilege is bolstered by state laws that explicitly shield the confidential information gathered by journalists.
[Reporter's Privilege] Factual

Question 45

Courts have not established a clear and consistent standard for those who is protected by reporter's privilege.
[After Branzburg] Factual

Question 46

The nationwide qualified reporter's privilege is established by federal statute.
Conceptual Breaking Promises of Confidentiality

Question 47

The free press clause of the First Amendment absolutely protects reporters from criminal contempt of court citations.
[Reporter's Privilege] Factual

Question 48

The majority opinion in Branzburg v.Hayes clearly established a reporter's privilege protected by the First Amendment's free press clause.
[Reporter's Privilege] Factual

Question 49

List the elements of the test used to determine if a reporter should be given a qualified privilege to protect a news source.

Question 50

Sandra likely will win a lawsuit against Podunk Daily for the harms it caused her when the newspaper reneged on its promise not to use Sandra's name in connection with the information she provided.
Conceptual Breaking Promises of Confidentiality

Question 51

A contempt of court citation is,essentially,a judge's verbal warning and carries no punishment.
Factual Reporter's Privilege

Question 52

Wyoming was the first state to enact a shield law.
[Shield Laws] Factual

Question 53

Ron Rider is a reporter for City Business,a weekly newspaper in the city.He writes a series of articles that appear in the paper detailing a long history of the city's Department of Finance not collecting sales from certain businesses.His articles refer to unnamed sources that he called "close to the director of the Department of Finance." The city attorney brings criminal charges against the director of the Department of Finance,based on Rider's articles and some independent investigation by the city attorney's office.The director's attorney says that she must have the names of Rider's sources so that she can prepare her client's defense.In part,she claims,there are people who would like to "get" the director (i.e.framed in criminal charges),and if those are Rider's sources they are not to be believed.The judge orders Rider to reveal his sources; he refuses.The judge holds him in contempt,and Rider appeals.The state does not have a shield law.However,the state's courts have applied the generally accepted test to determine if reporters may keep sources secret.Should the appellate court order Rider to reveal his sources? Why or why not?

Question 54

The U.S.Supreme Court has held that search warrants on reporters and newsrooms are constitutional and must be obeyed.
Factual Search Warrants