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.

Accepted Answer

State shield laws differ in the level of protection they provide to journalists, with some offering robust protections and others providing little to no protection.

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.

Accepted Answer

Shield laws provide protections for journalists against being compelled to reveal confidential sources or unpublished information in court, but these laws often have exceptions or conditions under which a court can order disclosure, such as when the information is critical to a case and cannot be obtained by other means.

Question 3

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

Accepted Answer

The federal shield law, the Free Flow of Information Act, only provides protections for journalists in certain circumstances and does not apply to all states. State shield laws still provide additional protections for journalists in those states.

Question 4

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

Accepted Answer

Cameras are prohibited in federal courts, but the rule varies by state for state courts. Some states allow cameras in certain circumstances, while others prohibit them completely.

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.

Accepted Answer

Judges can require the formation of media pools when necessary to limit courtroom disruptions, as long as they do not discriminate among the media on the basis of content or viewpoint. This practice is not considered a prior restraint or playing favorites, but rather a logistical measure to manage media presence in high-profile cases.

Question 6

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

Accepted Answer

The Supreme Court still 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.

Accepted Answer

Public meetings laws, often referred to as "sunshine laws," are designed to ensure transparency and accountability in government. These laws typically apply regardless of the medium used for communication, meaning that officials cannot legally circumvent these laws by using private 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.

Accepted Answer

While journalists do have some First Amendment protections, such as the right to report and publish news without prior restraint, they do not have an absolute right of access to all events and locations. The Supreme Court has ruled that access can be restricted in certain circumstances, such as when it would interfere with the administration of justice or national security concerns.

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

Accepted Answer

The problem of media coverage and pre-trial publicity affecting the fairness of a criminal trial dates back to the 1807 trial of Aaron Burr, who was accused of treason. The case was highly publicized in newspapers and influenced public opinion against Burr before the trial had even begun. This led to concerns about the impartiality of the jury and ultimately impacted the outcome of the case. Since then, the issue of a fair trial in the face of media coverage and pre-trial publicity has become a recurring problem in the justice system.

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

Accepted Answer

The "Branzburg Rule" refers to the Supreme Court case Branzburg v. Hayes, which ruled that journalists cannot claim a First Amendment-based privilege against testifying before a grand jury about information they observed or collected while covering a news story. This means that shield laws, which grant reporters the right to protect the identity of their sources in certain situations, do not apply when a journalist has witnessed a crime being committed.

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

Accepted Answer

A writ of mandamus is a written order from a court or government official instructing a government agency, court, or public official to perform a duty that they are legally obligated to do. This can include compliance with a Freedom of Information Act request, or any other legal obligation. The other options do not accurately describe a writ of mandamus.

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

Accepted Answer

Materials that are not produced by a journalist but are used as sources, such as photocopies of government records or other materials, are called documentary materials. Work product materials refer to the notes, drafts, or reports created by a journalist during the reporting process, and writ of mandamus refers to a legal order directing a government official to perform a specific duty.

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

Accepted Answer

The Privacy Protection Act of 1980 restricted the government's authority to search newsrooms and confiscate reporters' notes and tapes.

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

Accepted Answer

Materials produced by a journalist during the process of developing a story are referred to as work product materials. These materials can be used as evidence in court and are often protected under the reporter's privilege. The other options, documentary materials and writ of mandamus, are legal terms that are not directly related to journalistic practices.

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

Accepted Answer

Change of venire is the legal term for selecting a jury from a different community while keeping the trial at its assigned location. Voir dire refers to the process of questioning potential jurors to select the final jury panel. Change of venue refers to moving the entire trial to a different location. Admonition is a warning or caution given by a judge to a witness or jury. Habeas corpus is a legal action that requires a person under arrest to be brought before a judge or into court.

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

Accepted Answer

The U.S. Supreme Court ruled that 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, as long as the search was conducted with a valid warrant and did not violate any First Amendment protections.

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

Accepted Answer

In Murphy v. Florida, the Supreme Court ruled that mere exposure to news about a defendant or a case does not by itself prove that the jury is biased and incapable of rendering a fair verdict. The decision acknowledged that pre-trial publicity can be extensive, but this alone does not mean a jury will be prejudiced against the defendant.

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

Accepted Answer

The Supreme Court ruling in Branzburg v. Hayes established that journalists do not have an absolute privilege to protect their sources, and that in some cases the government's interest in law enforcement can outweigh the journalist's need to keep information secret. This ruling is still the prevailing common law today. Choice A, regarding prior restraint and punishment of accurate information, was established in New York Times Co. v. United States. Choice C is unrelated to Branzburg v. Hayes or common law regarding journalism.

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

Accepted Answer

Both cases involved a finding that the extensive media coverage and pre-trial publicity had interfered with the defendants' ability to receive a fair trial. In Irvin v. Dowd, the court found that the community hostility towards the defendant was so great that it was impossible for him to receive a fair trial. In Sheppard v. Maxwell, the court found that the trial judge had not taken sufficient steps to protect the defendant's right to a fair trial in the face of extensive media coverage that had prejudiced the jury. Thus, the answer is A, as both cases had a finding of unfair trials due to excessive pre-trial publicity and media coverage.

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

Accepted Answer

In Nebraska Press Association v. Stuart, the U.S. Supreme Court ruled that 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. This ruling established that such orders were subject to strict scrutiny and could only be granted if they were the least restrictive means necessary to ensure a fair trial. This decision still prevails as the common law today.

Quiz 8: Problems in Newsgathering

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.

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.

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

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

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.

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

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

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.

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

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

A "writ of mandamus" is

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

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

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

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

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

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

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

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

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?