Question 1

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

Accepted Answer

Judges can make reasonable time, place, and manner restrictions on the use of cameras in the courtroom, including limitations on additional lighting, restrictions on voice-over or narration, and requiring media to set up a pool system. However, they cannot make restrictions that would be considered an unconstitutional form of prior restraint on the freedom of the press.

Question 2

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

Accepted Answer

The condition that officials must establish to over-ride shield laws is not that the information must be part of a public record that was obtained illegally. The other three conditions are: officials must have exhausted all other possible sources of the same information, the journalist must have knowledge of a specific crime, and the need to obtain the information must be greater than the journalist's need to keep it secret.

Question 3

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

Accepted Answer

Requesting a warrant to search a journalist's home is the least likely course of action because it is a significant invasion of privacy and would require a high level of evidence to convince a judge to grant such a warrant. The other options listed are more common tactics used by law enforcement or government officials in attempting to access a journalist's notes or tapes.

Question 4

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

Accepted Answer

In State v. Lashinsky and City of Oak Creek v. King, the courts determined that journalists do not always have a "First Amendment right of access" to accident scenes, emphasizing considerations of public safety and the privacy rights of the injured. This principle has been cited in similar cases, acknowledging that there are circumstances where journalists can be required to stay away from certain scenes.

Question 5

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

Accepted Answer

The Supreme Court ruling in Sheppard v. Maxwell determined that 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.

Question 6

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

Accepted Answer

The common-law concept that allows journalists to protect their sources and/or confidential information is known as reporter privilege. This privilege may exist even in states that do not have specific shield laws.

Question 7

"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

Accepted Answer

An executive session refers to a part of a government meeting that is closed to both the media and the public. It is usually used for sensitive or confidential discussions.

Question 8

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

Accepted Answer

The most recently added FOIA exemption (in 2002) deals with critical infrastructure information such as that related to water supplies, electricity, and communication networks, to prevent sensitive information from being disclosed to terrorists.

Question 9

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

Accepted Answer

Sunshine laws require governmental bodies, such as city councils and school boards, to open their meetings to the public. This allows citizens to have access to the decision-making process of their government and promotes transparency and accountability. The other options do not relate to sunshine laws.

Question 10

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

Accepted Answer

The American Bar Association first expressed concerns about courtroom cameras and their possible effect on the legal process.

Quiz 8: Problems in Newsgathering

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

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?

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?

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?

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?

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

"Executive session" refers to what?

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

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

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