Term
| FCC vs. Pacifica Foundation |
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Definition
Supreme Court ruled that the FCC could regulate the times of indecent broadcasts without violating the First Amendment.
This was prompted by George Carlin's "Seven Dirty Words" bit played on the radio. |
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Term
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Definition
Court ruled Indiana could constitutionally adopt a statute requiring otherwise nude dancers to wear pasties/G-strings.
The place, not the content, of nude dancing is being regulated. |
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Term
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Definition
| Referencing FCC vs. Pacifica, Stern was fined $1.7 million for obscene comments when chatting on the air with Rick Solomon -- better known for playing the lead in the feature film, One Night in Paris. |
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Term
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Definition
Court ruled a work is obscene if:
1. It appeals to the excessive sexual interest of the average person
2. It shows sexual content in an offensive way
3. Lacks serious literary, artistic, scientific or political value |
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Term
| In the Miller Test, how does Court determine what is excessive sexual interest? |
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Definition
| Determined by what an "average person" would find lascivious, shameful or morbid |
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Term
| In the Miller Test, how does the Court determine whether sex was depicted in an offensive way? |
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Definition
1. Excess of sexual detail, repeated over and over again
2. Scenes showing erections, penetrations, ejaculations
3. Scenes of actual intercourse, fellatio, cunnilingus, masturbation or group sex |
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Term
| In the Miller Test, how does the Court determine whether work has social value? |
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Definition
1. A reasonable person (not an average person) must determine whether the work has literary, artistic, scientific or political value.
2. Work must be considered on the whole instead of in isolated passages. |
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Term
| In the Miller Test, how is "community" defined? |
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Definition
| 1. Each community decides what is obscene through opinion polls or jury votes. |
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Term
| Can the FCC regulate indecency without violating the First Amendment? How was this determined? |
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Definition
Yes.
FCC vs. Pacifica Foundation |
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Term
| What is the Safe Harbor Doctrine? |
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Definition
| Broadcasters can air indecency during times when children are not typically in the audience (10 p.m. to 6 a.m.) |
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Term
| Are state bands on nude dancing constitutional? |
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Definition
Court ruled nude dancing is "marginally protected" under the First Amendment
Nude dancing can be banned based on time, place, manner regulations. No outright ban, though. |
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Term
| Are pornographic materials obscene? |
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Definition
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Term
| How does pornographic material become obscene? |
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Definition
| Offensive to a reasonable person |
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Term
| What did the Child Internet Protection Act intend to do? |
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Definition
| Require libraries to use filters blocking Internet access to obscene material |
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Term
| Is it ever legal to possess child pornography? |
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Definition
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Term
| Is there an amendment that provides protection against punishment for possession? |
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Definition
| No. In Osborne vs. Ohio, the Court upheld an Ohio statute prohibiting possession/viewing of nude minors. |
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Term
| How can a judge reduce the impact of pretrial publicity on a jury? |
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Definition
1. Change of venue
2. Change of venire (pool of people selected for jury)
3. Continuance (postponing trial)
4. Severance
5. Voir Dire (Examining potential jurors)
6. Sequestration (Isolating jurors)
7. Judicial Admonition (cautionary statement)
8. New Trial |
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Term
| What is a change in venire? |
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Definition
| Changing the pool of people who can be selected for a jury |
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Term
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Definition
| The examination of potential jurors |
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Term
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Definition
| Physically isolating the jurors. for example, putting them in special housing. |
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Term
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Definition
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Term
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Definition
| When multiple people have been charged with the same/similar crimes, defendants are tried separately. |
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Term
| What is judicial admonition? |
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Definition
| Judges ordering jurors to avoid reading, listening or watching anything related to the trial. |
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Term
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Definition
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Term
| During voir dire, how can counsel remove jurors who are biased? |
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Definition
Potential jurors are asked questioned designed to detect bias.
Examples: Whether juror knows defendant or witnesses. Occupation, reading habits, religious beliefs. |
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Term
| What is a challenge for cause? |
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Definition
| Dismissing a potential juror because he or she is unfit to serve. |
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Term
| What is the standard courts should apply in considering if a conviction should be overturned because of pretrial publicity? |
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Definition
1. Court finds identifiable bias in individual jurors
2. Prejudicial publicity in the media raises a presumption of prejudice |
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Term
| What is the standard for determining if the jury is prejudiced? What is a judge looking for in a juror to determine if he or she was prejudiced by pretrial publicity? |
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Definition
| Jurors are biased if they are so affected by prejudicial publicity that they cannot set aside preconceived ideas and decide a case solely on evidence presented during a trial. |
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Term
| How did the Supreme Court rule in Sheppard vs. Maxwell? |
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Definition
| After Sheppard spent 12 years in prison, the Supreme Court reversed the original verdict because he did not receive a fair trial. He was acquitted in a new trial. |
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Term
| What, according to the Supreme Court, should the trial judge have done? |
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Definition
| The trial judge should have ensured the jury was impartial. |
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Term
| Sheppard vs. Maxwell background info |
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Definition
| Neighbors find Marilyn Sheppard dead in a bedroom. Sam Sheppard said he was knocked out by a "form" before his wife was killed. Local papers published info/opinions that would not be admitted into court. Sheppard convicted of murder. |
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Term
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Definition
| Prior restraint on publications to protect fair trial rights |
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Term
| When are gag orders most likely to violate a constitutional right? |
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Definition
| Clear-and-present danger test: The "evil" of pretrial publicity does NOT outweigh the chances of a fair trial. |
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Term
| What did the Supreme Court hold in the Nebraska Press Association vs. Stuart case? |
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Definition
Before issuing a prior restraint, the trial judge must consider:
1. Nature/extent of pretrial news coverage
2. Alternative measures to protect 6th Amendment rights
3. Whether a prior restraint order would be effective |
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Term
| Why would a judge hold a person in criminal contempt for the court? |
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Definition
| That person acts in such a way that disrespects the court/its processes OR obstructs the administration of justice. |
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Term
| Why would a judge hold a person in civil contempt for the court? |
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Definition
| That person failed to do something he or she was ordered to do by the court |
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Term
| What is the Supreme Court position on cameras in the court room? |
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Definition
| Cameras prohibited in federal trial courts. They are banned by the Supreme Court justices. |
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Term
| Are cameras allowed in state courts? |
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Definition
| 50 states allow some TV coverage of state courts |
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Term
| What is the constitutional status of reporters privilege? |
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Definition
| A reporter's privilege is not protected by the First Amendment. But privilege can be protected through a state's constitution. |
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Term
| What did the majority hold in Branzburg vs. Hayes? Why? |
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Definition
Rejected a privilege under the First Amendment for three reporters who had refused to testify before grand juries.
The "consequential, but uncertain, burden of news gathering" was not as important as law enforcement. |
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Term
| What did the dissent hold in Branzburg vs. Hayes? Why? |
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Definition
Reporters should be granted qualified privilege.
A reporter's First Amendment right to protect sources stems from society's interest "in a full and free flow of information to the public." |
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Term
| What did Justice Lewis Powell, Jr. write concerning Branzburg vs. Hayes? Why? |
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Definition
Reporters have more First Amendment protection than the majority opinion implied.
The needs of law enforcement and of journalists should be balances on a case-by-case basis. |
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Term
| Under a promissory estoppel theory, what must a plaintiff establish in order to recover damages? |
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Definition
| Breaking the promise creates an injustice that should be remedied by law. |
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Term
| What did the Supreme Court hold in Cohen vs. Cowles Media Co.? |
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Definition
| The First Amendment does not prohibit the use of promissory estoppel (Broken promises should be remedied by law) when journalists break promises. |
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Term
| Prior to Cohen vs. Cowles Media Co., could sources sue the press for breach of confidentiality? |
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Definition
| Sources could not seek remedy on a theory of promissory estoppel (Broken promises should be remedied by law) |
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Term
| What must the government show to overcome a reporter's qualified privilege? (3 parts) |
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Definition
1. Info sought is relevant
2. No other sources for the info
3. Compelling need for the info |
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Term
| What should journalists do if they are issued a subpoena to testify but they do not want to testify? |
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Definition
| Challenge the order by filing a motion to quash subpoena |
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Term
| Why would the government want to you use a search warrant instead of a subpoena? |
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Definition
| With a subpoena, journalists have time to destroy, alter or hide the info the government wants to get. |
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Term
| Differences between a subpoena and a search warrant? |
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Definition
Subpoenas require reporters to testify in court or produce documents for the court. The recipient of a subpoena can challenge it during a hearing.
A search warrant allows no time to prepare a response and no chance for a court challenge. |
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Term
| What did the Court rule in Zurcher vs. Stanford Daily? |
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Definition
| The First Amendment does not protect journalists from third-party searches pursuant to warrants. |
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Term
| Which amendment protects against unreasonable search and seizure? |
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Definition
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Term
| How did the federal government and state governments react to Zurcher vs. Stanford Daily? |
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Definition
| State legislatures and Congress adopted legislation protecting the media from searches. Most notably: The Privacy Protection Act of 1980. |
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Term
| What is the Privacy Protection Act? |
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Definition
Restricts the use of search warrants to look for or seize info in the possession of public communicators. Law enforcement officials must establish that:
1.Probable cause that reporter committed a crime
2.Reason to believe seizure of materials will prevent an injury or death
3.Materials contain info about national defense, classified knowledge or restricted data |
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Term
| How many states have enacted Shield Laws? |
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Definition
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Term
| What happens when a journalist does not comply with a court order to disclose confidential sources? |
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Definition
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Term
| What is the purpose of a state shield law? |
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Definition
| Gives a reporter the right to refuse to testify about info and sources obtained during the news gathering process. |
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Term
| Is there a federal statutory privilege for journalists? |
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Definition
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Term
| What is the Freedom of Information Act? |
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Definition
| To open records. Applies to federal agencies in executive branch only. |
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Term
| What are the requirements under the Freedom of Information Act? |
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Definition
| Covers agency records: Tape, recordings, photos, documents. Not physical objects. Have to request info. They don't charge you for the first two hours of searching. |
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Term
| What was the purpose of the Freedom of Information Act? |
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Definition
| To ensure government discloses whenever possible and withholds only when necessary. |
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Term
| Does the Freedom of Information Act allow access to records held by Congress? |
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Definition
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Term
| Does the Freedom of Information Act allow access to records held by the Federal Judiciary? |
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Definition
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Term
| Does the Freedom of Information Act allow access to records held by federal agencies? |
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Definition
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Term
| Does the Freedom of Information Act allow access to records held by state or local government agencies? |
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Definition
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Term
| What government branch is subject to FOIA? |
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Definition
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Term
| What are the nine Freedom of Information Act exemptions? |
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Definition
National Security
Agency rules and practices
Statutory exemptions
Confidential business
Agency memoranda
Personal, medical and similar files
Law enforcement
Banking reports
Information about wells |
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Term
| With respect to Freedom of Information Act exemptions, what falls under Statutory Exemptions? |
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Definition
Homeland security
Privacy
Student educational records
Student law enforcement records
Student disciplinary records
Driver's records |
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Term
| Under the First Amendment, does the press have a right of access? |
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Definition
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Term
| Does the First Amendment guarantee the press the right to gather news? |
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Definition
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Term
| Why does the First Amendment NOT give the press the right to gather news? |
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Definition
| The Supreme Court does not want to put reporters on a pedestal. Because they're bitches. Reporters, that is. |
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Term
| Are police arrests/crime reports open record? |
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Definition
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Term
| Are county and municipal budgets open record? |
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Definition
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Term
| Is information involving juvenile offenders open record? |
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Definition
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Term
| Are educational records open record? |
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Definition
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Term
| Are police records involving sexually abused victims open records? |
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Definition
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Term
| Are school board meetings open record? |
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Definition
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Term
| Is information dealing with University Committees open record? |
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Definition
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Term
| Are telephone conference calls between city officials and other public officials open record? |
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Definition
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Term
| Is information dealing with a public hospital's advisory board open record? |
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Definition
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Term
| Who can access Florida government records? |
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Definition
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Term
| Are meetings between city councils and city attorneys in which the two groups discuss pending litigation open record? |
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Definition
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Term
| Are advisory committees involved in fact-finding activities open record? |
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Definition
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Term
| Are university committees searching for a new dean open record? |
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Definition
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Term
| Are grand jury proceedings open record? |
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Definition
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Term
| Prior to negotiations, are strategic decisions between a government body and its chief officer open record? |
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Definition
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Term
| How many public officials have to be present in a meeting (in which they discuss public business) for that meeting to be subject to the Sunshine Law? |
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Definition
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