Deck 8: Problems in Newsgathering

Question 1

State shield laws around the country are all consistent in the level of protection they provide to journalists seeking to protect their sources and materials.

Answer 1

False

Question 2

In states that have shield laws, there are no conditions under which a journalist can be required to identify sources or provide information in a legal proceeding.

Answer 2

False

Question 3

A federal shield law enacted in 1994 has made all state shield laws meaningless.

Answer 3

False

Question 4

Since 1980, cameras have been customarily allowed in federal courts, but are prohibited in state courts.

Question 5

Judges cannot require the formation of media pools because they are a form of prior restraint and an example of "playing favorites" among the media.

Question 6

The current Supreme Court maintains a ban on any form of still or video cameras at its hearings and deliberations.

Question 7

City and county officials are able to circumvent public meetings laws by discussing issues using their privately-owned cell phones and text messaging devices.

Question 8

Based on Supreme Court rulings, journalists have an absolute "First Amendment right of access" to news events and locations, including crime and accident scenes, courtrooms, prisons, and military bases.

Question 9

The problem of media coverage and pre-trial publicity affecting the fairness of a criminal trial goes back to what era and historical event?

A) the 1635 trial of pilgrims accused of being cruel to Indians following the first Thanksgiving
B) the 1807 trial of Aaron Burr, accused of treason
C) the 1865 trial of John Wilkes Booth for the assassination of President Abraham Lincoln
D) the 1955 trial of mobster "Big Willie" Anderson for the murder of a local politician
E) the 1998 impeachment trial of President Bill Clinton

Question 10

The "Branzburg Rule" is a common law principle that states which of the following?

A) every newspaper in the country must have at least one reporter with the last name "Branzburg"
B) jurors must not read newspaper coverage or watch television coverage of a trial in which they are involved
C) shield laws do not apply in cases in which a journalist has witnessed a crime being committed
D) student journalists have the same "First Amendment" rights as professional journalists
E) all government records must be made available to the public

Question 11

A "writ of mandamus" is

A) a document issued by the court that prohibits jurors from reading media accounts of a trial in which they are involved
B) a Supreme Court ruling that says, "if we've told you once, we've told you a thousand times, we will not hear your case"
C) a decision by the court that excessive pre-trial publicity has violated a defendant's Sixth Amendment right to a fair trial
D) a judge's gag order limiting trial lawyers from speaking with the press
E) a written document issued by a court or government official instructing a government agency to comply with a Freedom of Information Act request

Question 12

Materials that are not produced by a journalist, but are used as sources (such as photocopies of government records or other materials) are called

A) work product materials
B) documentary materials
C) writ of mandamus

Question 13

The Privacy Protection Act of 1980 restricted the government's authority to do what?

A) confiscate cellular telephones when they cause a disturbance
B) search newsrooms and confiscate reporters' notes and tapes
C) release results of medical tests contained in personnel files
D) open the mail of prisoners corresponding with journalists
E) release the salary information of government employees

Question 14

Materials produced by the journalist during the process of developing a story (such as hand-written notes, audio or videotapes, computer disks, and drafts of stories) are called

A) work product materials
B) documentary materials
C) writ of mandamus

Question 15

If a trial remains at its assigned location but a jury is chosen from another community, the legal term is

A) voir dire
B) change of venue
C) change of venire
D) admonition
E) habeus corpus

Question 16

In the case of Zurcher v. Stanford Daily, the U.S. Supreme Court made which of the following rulings?

A) the police search of the newsroom to obtain photographs related to a crime was legal, even though the newspaper was not accused of a crime
B) the police search of the newsroom was not legal because the newspaper was not accused of a crime

Question 17

In the case of Murphy v. Florida, the Supreme Court made which of the following determinations?

A) students should always turn off their cell phones before class
B) excessive pre-trial publicity led to an unfair trial
C) there was a great deal of pre-trial publicity, but just having some knowledge of the case does not automatically create a biased jury

Question 18

In the case of Branzburg v. Hayes, the Supreme Court made which of the following, which is still the prevailing common law today?

A) the government could not exercise prior restraint or punish the media for publishing or broadcasting accurate information that was legally obtained
B) journalists don't have absolute privilege; in some cases the needs of law enforcement outweigh the needs of journalists to keep information secret
C) revealing someone's sexual orientation is not considered groups for a private facts case

Question 19

On both Irvin v. Dowd and Sheppard v. Maxwell, the U.S. Supreme Court made similar rulings. What ruling?

A) excessive pre-trial publicity and media coverage of the trials themselves led to unfair trials for the defendants
B) excessive pre-trial publicity and media coverage of the trials themselves did not lead to unfair trials for the defendants

Question 20

In the case of Nebraska Press Association v. Stuart, the U.S. Supreme Court made which of the following rulings, which is still the prevailing common law today?

A) a judge placing a gag order on the media covering a trial was a reasonable "time, place, and manner" restriction
B) a judge placing a gag order on the media covering a trial was a form of prior restraint that was not allowed under the Constitution

Question 21

In states that allow cameras in the courtroom, judges can legally make which of the following time, place, and manner restrictions?

A) limitations on supplemental lighting
B) limitations on voice-over or narration
C) requiring media to set-up their own "pool system"
D) all of the above
E) judges cannot make any of these restrictions because they would be ruled an unconstitutional form of prior restraint

Question 22

In the majority of state shield laws, there are three conditions that officials must establish to over-ride them and require journalists to provide information or identify sources. Which of the following IS NOT one of those three?

A) the officials must have exhausted all other possible sources of for the same information
B) the information must be part of a public record that was obtained illegally
C) the journalist must have knowledge of a specific crime
D) the need to obtain the information must be greater than the journalist's need to keep it secret

Question 23

Of the following courses of action, which is LEAST LIKELY to happen when law enforcement agencies (or government officials or defense attorneys) wants access to a journalist's notes or tapes?

A) they will ask the journalist to turn over the materials voluntarily
B) they will obtain a subpoena requiring the journalist to turn over the materials
C) they will request a warrant to search the reporter's home
D) they will request a warrant to search the journalist's newsroom or television station

Question 24

In State v. Lashinsky and City of Oak Creek v. King, state supreme courts made which determination, which has since been cited in similar cases in other states?

A) in states without shield laws, judges still have the option of applying the principle of "journalistic privilege" and allowing reporters to protect sources
B) journalists do not always have a "First Amendment right of access" to accident scenes and can sometimes be required to stay away because of public safety and the privacy rights of the injured
C) student journalists do not have the same First Amendment rights as professional journalists
D) cameras in the courtroom have been proven to be a distraction to jurors and court officers
E) the Freedom of Information Act can be applied to state government records as well as federal government records

Question 25

In addition to determining that judges have the authority to deal with pre-trial publicity and maintain a proper courtroom atmosphere, what other determination came out of the Supreme Court ruling in Sheppard v. Maxwell?

A) sequestering a jury is impractical and often unnecessary
B) it is unlikely that a "perfect jury" can be found that has no knowledge of a case, so the emphasis should be on finding jurors who may know something about a case but can still keep an open mind
C) cameras in the courtroom will increase the likelihood of a defendant getting a fair trial
D) shield laws often result in unfair trials because defendants cannot challenge the evidence against them

Question 26

In states that do not have shield laws, judges may still allow journalists to protect their sources and/or protect confidential information under a broader, common-law concept known as

A) freedom of information
B) writ of mandamus
C) reporter privilege
D) the sunshine law
E) the Booth Rule

Question 27

"Executive session" refers to what?

A) part of a government meeting that is open to the media but closed to the public
B) part of a government meeting that is open to the public but closed to the media
C) part of a government meeting that is open to both media and the public
D) part of a government meeting that is closed to both media and the public

Question 28

The exemption most recently added to the list of FOIA exemptions deals with which of the following?

A) personnel and medical files
B) critical infrastructure such as information dealing with water supplies, electricity, and communication networks
C) agency rules and practices
D) confidential business information and trade secrets
E) information regarding banks and banking regulations

Question 29

The term "sunshine laws" is a general term that refers to

A) local television station policies regarding weather forecasts
B) judges' authority to control conduct in the classroom
C) judges' responsibility to ensure a defendant's right to a fair trial
D) the requirement that governmental bodies must open their meetings to the public
E) journalists' right to protect sources and confidential materials

Question 30

Identify the professional organization that first expressed concerns about courtroom cameras and their possible effect on the legal process.

A) Society of Professional Journalists
B) American Civil Liberties Union
C) National Association of Photojournalists
D) American Bar Association
E) National Association of Broadcasters