Chapter 8 newsgathering

Question 0

What are the exemptions?

Answer 0

1) National Security
2) Internal Agency Rules & Procedures
3) Statutory Exemptions
4) Trade Secrets
5) Agency Memos
6) Personal Privacy
7) Law Enforcement records
8) Financial Records
9) Geological information

Question 1

What is the Freedom of Info Act

Answer 1

Requires records held by federal govt agencies (Exec branch) to be made available to the public, provided that the info sought doesn’t fall within 1 of 9 exemptions.

Question 2

What is the case U.S Justice Dept v Reporters Committee

Answer 2

Freedom of info act is to keep an eye for what the govt is doing

Question 3

What is trespass?

Answer 3

Going onto the property of another without permission. Violation of 4th Amendment

Question 4

What is the landmark case Wilson v Layne?

Answer 4

Search of a private home. Changed where journalists can go with law enforcement.

Question 5

What is harassment?

Answer 5

Tortious news gathering.

Question 6

What is the landmark case of fraud & misrepresentation?

Answer 6

Food Lion, Inc. v. Capital Cities, Inc

Question 7

Privacy Protection Act

Answer 7

If any govt agency collects info about you, they can’t share that info with shy other agency or broadcast that info.

Question 8

FERPA law- Family. Education. Rights & Privacy Act “Buckley Act”

Answer 8

A federal that protects the privacy of student education on records

Question 9

HIPPA ACT. Health Insurance Portability & Accountability Act.

Answer 9

Protects the medical privacy of patients.

Question 10

Drivers Privacy Protection Act

Answer 10

Prohibits states from releasing info obtained from drivers license & vehicle registration records without permission. The law allows disclosure under certain circumstances.

Question 11

What did SCJ determine from the Branzvurg v Hayes case?

Answer 11

A right to to every man’s evidence.

The 4 dissenters Qualified Privilege Law

Question 12

Does First Amendment give reporters this right of confidentiality/privilege ?

Answer 12

No. By a vote of 5/4.

Question 13

Qualified Privilege Law

Answer 13

Journalist wouldn’t have to testify in court unless the govt. can prove these 3 things:

1) Probable cause-Journalists clearly relevant to a violation of law.
2) Info sought can’t be obtained by alternative means (any other way)
3) has to be a COMPELLING & OVERRIDING INTEREST in the information NOW.

Shield law would fall if 3 things proven

Question 14

Shield law

Answer 14

State laws that protect journalists from being found in contempt of court for refusing to reveal sources

MN ONLY exception to the shield law is to Libel. Have to reveal sources!

Question 15

Cohen v Cowles Media Co

Answer 15

You cannot break promises of confidentiality.

Question 16

Promissory Estoppel

Answer 16

A legal doctrine requiring liability when a clear and unambiguous promise is made and is relied on and injury results from the breaking of the promise

Question 17

Generally applicable law

Answer 17

A law that is enforced across the board within First Amend contexts. It is the idea that the freedom of the press clause doesn’t exempt journalist from obeying laws.

Question 18

Zurcher v Stanford Daily- Landmark Case

Answer 18

Search warrants in news rooms is constitutional.

Question 19

Impartial Juror

Answer 19

Anyone who will give the facts full and unbiased consideration and render a verdict solely on the basis of evidence presented in court

Question 20

Estes v Texas

Answer 20

Having TV in a courtroom=unfair trial

Question 21

What are the remedies of the court?

Answer 21

• Selecting the jury “voire dire”: to speak the truth
• For cause/just cause challenges- looking for reasons you’re not suitable as a juror.
• Preemptory Challenges- “strikes” 12-14 in criminal cases
• Impaneled: people that then become the jury

Question 22

What is sequestration?

Answer 22

Sequestering the jury. The isolation of jurors to avoid prejudice from publicity?

Question 23

What is admonitions?

Answer 23

Judges instructions to jurors warning them to avoid potentially prejudicial communications

Question 24

When is there a retrial?

Answer 24

If the jury or the judicial process has been contaminated by media coverage

Question 25

Bench-Bar-Press-Guidelines/Free Press-Fair Trial Guidelines

Answer 25

Media coverage should not include any of the following:
-the existence of a confession
-the content of a confession
-statements or opinions of guilt or innocence
-the results of lab tests
-Statements or opinions on witness credibility, or evidence credibility, or the investigative process or personnel
AND
-other info or statements reasonably likely to affect the truth