Deck 10: The Media and the Judiciary

Question 1

Cameras are not currently allowed at the oral arguments heard by the U.S. Supreme Court, but some federal appeals courts have permitted cameras in appellate arguments.

Answer 1

True

Question 2

As part of a recent trend to abbreviate the jury selection process, courts in high-profile cases have engage in a two-step voir dire process. Questionnaires are sent to potential jurors; their answers are then used to reduce the number of potential jurors questioned in person.

Answer 2

True

Question 3

A criminal defendant's Sixth Amendment rights create a presumption against open court proceedings.

Answer 3

False

Question 4

Under their contempt power, judges have virtually unlimited authority to punish those who criticize judicial performance in newspapers.

Question 5

Social scientists have been able to prove that prejudicial publicity causes biased juries.

Question 6

Although the text of the First Amendment does not explicitly mention a public right to attend trials, Chief Justice Burger's opinion in Richmond Newspapers v. Virginia held that such a right is implied.

Question 7

Under the collateral bar rule, gag orders are presumptively valid and must be obeyed until set aside either by the court issuing the order or by an appellate court. CNN was punished for violating a gag order, even though the order was later ruled to be invalid.

Question 8

The judge in the trial of Wall Street figure Frank Quattrone barred the publication of the names of potential jurors. The Court of Appeals for the Second Circuit ruled this prior restraint to be unconstitutional.

Question 9

The U.S. Supreme Court has upheld post-publication penalties imposed on the media for publishing truthful information that lowers the public's opinion of the judiciary.

Question 10

Under the theory of the Richmond Newspapers case and the Press-Enterprise I & II cases, public scrutiny of the criminal justice process benefits the public and is unlikely to harm the defendant's right to a fair trial. Consequently, judges rarely close criminal proceedings.

Question 11

In high profile cases, judges may prohibit attorneys, court personnel, and law enforcement personnel from making public comments, such as discussing a defendant's prior criminal record.

Question 12

In Nebraska Press Association v. Stuart, the U.S. Supreme Court ruled that judges may impose gag orders on press coverage criminal cases without examining the effectiveness of techniques such as change of venue.

Question 13

Civil contempt is meant to coerce someone to do something.

Question 14

A state trial judge bans camera coverage of a trial. Nonetheless, a journalist uses a hidden camera to surreptitiously take a photograph of the proceedings. The journalist has a First Amendment right to disregard the judge's order.

Question 15

Publishing the contents of an inadmissible confession is thought to be the most prejudicial pretrial publication.

Question 16

The U.S. Supreme Court has ruled that a "pattern of prejudice" in jurors may be assumed if jurors have been exposed to any information about a trial before it begins.

Question 17

Based on the Richmond Newspapers case, journalists have a First Amendment right to listen to conversations between attorneys and the judge held in the judge's chambers.

Question 18

In Sheppard v. Maxwell, the U.S. Supreme Court said the trial judge should have guaranteed Dr. Sheppard a fair trial by enjoining the press from publishing prejudicial reports.

Question 19

The U.S. Supreme Court in 2010 prevented the broadcasting of the Proposition 8 trial because the trial court adopted a local rule permitting broadcasting without following appropriate procedures.

Question 20

In Gentile v. State Bar of Nevada, the U.S. Supreme Court ruled that restrictions of attorneys' comments during trials are subject to less First Amendment scrutiny than constraints on the expression of the press or the public.

Question 21

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

Question 22

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

Question 23

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.

Question 24

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

Question 25

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

Question 26

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

Question 27

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.

Question 28

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.

Question 29

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.

Question 30

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.

Question 31

Cameras are not allowed in federal criminal trials.

Question 32

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

Question 33

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

Question 34

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

Question 35

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.

A) Estes v. Texas
B) Chandler v. Florida
C) Sheppard v. Maxwell
D) Patton v. Yount
E) none of the above

Question 36

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

A) courts find that large headlines are the most prejudicial publicity
B) a "pattern of prejudice" in jurors may be assumed if jurors have been exposed to any information about the trial before it begins
C) the responsibility to preserve a fair trial rests primarily with the press
D) B & C
E) none of the above

Question 37

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

A) there is a "pattern of deep and bitter prejudice" throughout the community
B) ninety percent of the prospective jurors suspected the defendant was guilty
C) the majority of the local media editorialize against the conduct of the trial judge
D) A & B
E) none of the above

Question 38

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

A) may use cameras in federal courts
B) may attend federal legislative proceedings
C) may access federal records
D) may access criminal trials
E) none of the above

Question 39

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

A) controlling the press in the courtroom
B) changing the venue of the trial if necessary
C) imposing restraining orders preventing the press from publishing information about the case
D) A & B
E) all of the above

Question 40

The U.S. Supreme Court:

A) requires state courts to allow the presence of cameras during criminal trials
B) permits state courts to allow the presence of cameras during criminal trials
C) requires federal courts to allow the presence of cameras during trials
D) requires Congress to allow cameras in legislative proceedings
E) none of the above

Question 41

Cameras are generally permitted:

A) in all federal courts
B) in trial courts of most states
C) only in state appellate courts
D) A & C
E) none of the above

Question 42

The 1976 case in which the U.S. Supreme Court ruled that prior restraints on the news media are a presumptively unconstitutional means of protecting a fair trial:

A) Nebraska Press Association v. Stuart
B) Cox Broadcasting v. Cohn
C) Seattle Times v. Rhinehart
D) Landmark Communications v. Virginia
E) none of the above

Question 43

The U.S. Supreme Court rulings in Bridges, Pennekamp, and Harney:

A) virtually eliminate the use of contempt citations to punish publications or broadcasts criticizing court proceedings
B) permit judges to prohibit the use of cameras in courtrooms
C) allow judges to hold proceedings in secret
D) A & B
E) none of the above

Question 44

In a sensational case attracting great attention, the presiding judge decides to gag the attorneys, court personnel, and law enforcement officials. A defense attorney violates this gag by disclosing information to a journalist; the journalist publishes this information without identifying the attorney.

A) Under Landmark Communications, the judge may not sanction the reporter for publishing truthful information obtained from a source subject to a gag order
B) If the judge discovers the identity of the attorney who violated the gag order, a contempt citation may be issued against the attorney
C) The judge may retaliate against the reporter by closing the remaining court proceedings
D) The judge may use the reporter's action as the basis for a prior restraint against press coverage of the trial
E) A & B

Question 45

The U.S. Supreme Court:

A) allows tv coverage of its proceedings
B) records oral arguments and ordinarily releases the recordings at the end of the week in which the arguments were held
C) streams video of its proceedings on the Internet
D) allows still photography of its proceedings
E) all of the above

Question 46

In Skilling v. United States, the U.S. Supreme Court:

A) found that prejudicial publicity deprived Skilling of a fair trial
B) stated that it would be hard to find impartial jurors in a large city
C) emphasized that pretrial publicity only rarely deprives a defendant of a fair trial
D) A & B
E) none of the above

Question 47

The majority of states:

A) allow tv coverage of trials and appellate court proceedings
B) prohibit tv coverage of trials but allow tv coverage of appellate court proceedings
C) ban tv coverage of trials and appellate court proceedings
D) ban tv coverage of criminal trials, but allow tv coverage of civil trials
E) None of the above

Question 48

Which of the following statements are true about the gag order on Roger Stone, who was charged (and later pardoned) for lying, obstruction of justice, and witness tampering stemming from Robert Mueller's investigation of Russian interference in the 2016 election?

A) Stone was ordered to cease all public speech about the investigation, the case, and the participants
B) Stone's social media posts, designed to stir up controversy about the investigation's legitimacy, were deemed to pose a substantial risk to the administration of justice
C) preventing Stone from making incendiary and threatening comments was the least restrictive means possible to assure the safety of the people associated with the case
D) A & B only
E) all of the above

Question 49

What is the definition of the following term:
-Gag order.

Question 50

What is the definition of the following term:
-Contempt.

Question 51

What is the definition of the following term:
-Change of venue.

Question 52

What is the definition of the following term:
-Voir Dire.

Question 53

What is the definition of the following term:
-Sequestration.

Question 54

Lil' Willie, a world famous rapper, is arrested for the murder of his girlfriend, Florescent. The arrest generates massive pretrial publicity, including comments from the police that the gun used to shoot Florescent was found in the trunk of Lil' Willie's Bentley. The press also reports that Lil' Willie confessed to the police. Lil' Willie's lawyer, however, moves to suppress the confession and the gun, claiming that the confession is inadmissible because the police did not properly advise Lil' Willie of his Miranda rights and the gun is inadmissible because the police did not have a warrant to search Ll' Willie's car. Also, Lil' Willie's lawyer asks the judge to issue a gag order restraining the press from further reporting about the case. Apply the relevant test to determine if the request for the restraining order should be granted. Discuss alternatives to the gag order.