Question 1

In Skilling v. United States, the U.S. Supreme court emphasized that pretrial publicity only rarely deprives a defendant of a fair trial.

Accepted Answer

In Skilling v. United States, the Supreme Court emphasized that while pretrial publicity can create challenges in selecting an impartial jury, it only rarely deprives a defendant of a fair trial.

Question 2

Federal judges can move a trial to a different state to reduce the impact of pretrial publicity.

Accepted Answer

This is known as a change of venue and is allowed under the Sixth Amendment's guarantee of a fair trial. Judges may order a change of venue if they believe that pretrial publicity would prevent a fair and impartial trial in the current location.

Question 3

Increasingly, judges are instructing jurors not to seek information about the case on the Internet, nor to post Twitter or Facebook updates about their reaction to testimony or the progress of jury deliberations.

Accepted Answer

This is true as judges want to ensure that jurors are not influenced by outside sources and that the trial remains fair for all parties involved.

Question 4

The majority of states allow tv coverage of trials and appellate court proceedings.

Accepted Answer

The majority of states do allow tv coverage of trials and appellate court proceedings. However, some states have restrictions or prohibitions in place. Also, federal courts generally do not allow television or other electronic media coverage of proceedings.

Question 5

Whether journalists may use laptop computers and cell phones in state courtrooms depends upon local rules or the discretion of the judge.

Accepted Answer

Local rules or the judge's discretion may allow journalists to use laptops and cell phones in state courtrooms.

Question 6

The Nebraska Press Association ruling has largely meant that prior restraints on court coverage have not been allowed by lower courts.

Accepted Answer

The Nebraska Press Association ruling established a test for determining whether prior restraints on court coverage are constitutional, and it has generally been applied to strike down such restraints imposed by lower courts.

Question 7

The U.S. Supreme Court again emphasized the importance of public jury selection by holding that a defendant's Sixth Amendment right to a public trial was violated when a Georgia trial court closed jury selection proceedings without considering alternatives to closure.

Accepted Answer

The statement accurately describes the U.S. Supreme Court's ruling on a Sixth Amendment right to a public trial being violated when a Georgia trial court closed jury selection proceedings without exploring alternative measures.

Question 8

Whether juror names must be publicly available has not been addressed by the U.S. Supreme Court and lower courts are split on this issue.

Accepted Answer

The statement is correct.

Question 9

In the trial of Boston Marathon bomber Dzhokhar Tsarnaev, the trial judge denied a motion for a change of venue because Boston's large population weighed against a finding of presumed prejudice.

Accepted Answer

The trial judge did indeed deny a motion for a change of venue, citing Boston's large population as a factor weighing against presumed prejudice in the jury pool.

Question 10

In 2022, the U.S. Supreme Court declined to overturn the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev, following claims that the trial judge did not properly screen jurors for bias due to pretrial publicity.

Accepted Answer

The U.S. Supreme Court reinstated the death sentence for Dzhokhar Tsarnaev, rejecting arguments about juror bias and pretrial publicity, thus declining to overturn his death sentence.

Question 11

Cameras are not allowed in federal criminal trials.

Accepted Answer

Cameras are not allowed in federal criminal trials due to the Judicial Conference policy that prohibits cameras in courtrooms during criminal proceedings.

Question 12

Judges are permitted to issue a blanket ban on a trial participant's use of social media during the pendency of the case.

Accepted Answer

Judges have the authority to issue a blanket ban on a trial participant's use of social media to prevent any potential tampering with witnesses or evidence, or to ensure a fair trial. However, the specific scope and duration of the ban must be reasonable and narrowly tailored to the circumstances of the case.

Question 13

A judge may not consider a defendant's repeated and willful violation of a gag order as a factor at sentencing.

Accepted Answer

A judge may consider a defendant's repeated and willful violation of a gag order as a factor at sentencing, as it shows a lack of respect for the court and the judicial process.

Question 14

During the COVID-19 pandemic, numerous federal courts, including the Supreme Court, livestreamed audio of their oral arguments.

Accepted Answer

During the COVID-19 pandemic, many federal courts, including the Supreme Court, livestreamed audio of their oral arguments to provide public access while physical access to courtrooms was limited.

Question 15

The 1966 case in which the U.S. Supreme Court overturned a murder conviction because the prejudicial publicity and carnival-like atmosphere in the courtroom deprived the defendant of a fair trial.

Accepted Answer

Sheppard v. Maxwell is the famous case in which the Supreme Court ruled that the defendant, who was accused of murdering his wife, did not receive a fair trial due to the extensive media coverage and circus-like atmosphere in the courtroom. The court's decision established the principle that pretrial publicity and other factors can prejudice a jury and deprive a defendant of a fair trial.

Question 16

The cases in which convictions have been overturned because of pretrial publicity illustrate that:

Accepted Answer

Convictions are overturned due to pretrial publicity when it is shown that the publicity has compromised the defendant's right to a fair trial, not necessarily due to any specific pattern or press responsibility.

Question 17

In Irvin v. Dowd, the U.S. Supreme Court said that a criminal conviction might be overturned when:

Accepted Answer

In Irvin v. Dowd, the U.S. Supreme Court said that a criminal conviction might be overturned when there is a "pattern of deep and bitter prejudice" throughout the community, as well as when ninety percent of the prospective jurors suspected the defendant was guilty. Therefore, the correct answer is D - both A and B apply. Choices C and E are not applicable.

Question 18

The First Amendment "right of access" in the Richmond Newspapers case provides that the press and public:

Accepted Answer

The First Amendment "right of access" in the Richmond Newspapers case specifically provides that the press and public have a right to access criminal trials. This means that members of the press and the public cannot be prevented from attending or reporting on criminal trials. It does not extend to other settings such as federal courts, legislative proceedings, or records access.

Question 19

In Sheppard v. Maxwell, the U.S. Supreme Court ruled the trial judge should have guaranteed Dr. Sheppard a fair trial by:

Accepted Answer

The U.S. Supreme Court ruled in Sheppard v. Maxwell that the trial judge should have guaranteed Dr. Sheppard a fair trial by controlling the press in the courtroom and changing the venue of the trial if necessary. These actions would have helped ensure that both the judge and the jury were not influenced by outside sources and able to make an impartial decision. Imposing restraining orders preventing the press from publishing information about the case would have gone beyond what was necessary to ensure a fair trial and potentially violated the First Amendment right to freedom of the press.

Question 20

The U.S. Supreme Court:

Accepted Answer

The U.S. Supreme Court permits state courts to allow the presence of cameras during criminal trials, but does not require it. Each state has its own rules regarding media coverage in courtrooms. Federal courts generally do not allow cameras during trials, except in rare circumstances. The Supreme Court has not addressed the issue of cameras in legislative proceedings.

Quiz 10: The Media and the Judiciary