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In a Sensational Case Attracting Great Attention, the Presiding Judge

Question 44

Multiple Choice

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

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