Free Press-Fair Trial

Question 1

access to places

Answer 1

• Journalists do not have special rights to access places that the public generally cannot go (including prisons)

Question 2

Richmond Newspapers

Answer 2

-guarantees both the public and the press a right to attend criminal trials.
-right is not absolute and may be outweighed where the judge finds an overriding interest that cannot be accommodated by less restrictive means.
• In this case the judge failed to show an overriding interest for excluding the public and press, thus, the decision to close the courtroom was reversed.

Question 3

Press Enterprise

Answer 3

test to determine when access should be granted in non-traditional cases

History and logic factors

1. Traditionally been open?
2. will access play positive role?

Question 4

Press enterprise test for the CLOSURE of presumptively open judicial proceeding and documents

Answer 4

o There must be an overriding interest that is likely to be harmed if open

Closure most likely: grand jury hearings, criminal assaults, case involving minors, paternity, adoption, custody, drug abuse

Question 5

Why does the supreme court not allow camera coverage?

Answer 5

order to prevent distractions and preserve privacy. This requires news media to rely on sketch artists for illustrations of the proceedings.

Question 6

gag orders

Answer 6

a judge’s order that a case may not be discussed in public.

almost always unconstitutional

Question 7

Nebraska Press Ass’n v. Stuart

Answer 7

GAG ORDER UPHELD
o This trial established that gag orders are only constitutional if:
• There is intense and pervasive publicity
• No other alternative measure might mitigate the effects of the pretrial publicity
• The gag will in fact prevent prejudicial publicity from affecting the jury

Question 8

alternatives to gag: Sheppard v. Maxwell (1966)

Answer 8

o Sheppard was accused of killing his pregnant wife
o The intense publicity was on front page news in all parts of the country
o He was convicted and twelve years later the Supreme court reversed his conviction ruling that he had been denied a fair trial because of pretrial and trial publicity. The courtroom should have put more control when releasing information to the press.

Question 9

access to meetings and records

Answer 9

• We do not have a FA right to access government records (aside from access to courts)

Question 10

FOIA

Answer 10

makes public all records including electronic records and email gel by agencies within the executive branch
o Covers all federal agencies- executive branch of government: Department of Commerce, Dept of Treasurey, Dept of Transportation, Federal Trade Commision, Federal Communications Commision
o Not covered: congress, courts, president and staff, state governments
o Shifted presumption from secrecy to openness. It is up to the government to provide information and evidence as to why access could be denied.
o FOIA very powerful rule (especially for businesses- markets, demographics, audience, natural resources, governments around the world)

Question 11

Government Sunshine Act

Answer 11

federal law that provides access to government meetings

Question 12

FOIA exemptions

Answer 12

(does not need to comply with the request of information)- 
national security
housekeeping (trivial requests not of public interest) statutory exemptions
trade secrets
working papers
personal privacy law enforcement
financial institutions
geological data

Question 13

access changes over time

Answer 13

depending on who is enforcing the rules
Bush Administration: Deny access whenever you can make a sound legal argument for doing so. Under Obama’s administration records should provided unless harm would result (a lot of denials bc of national security concerns)

Question 14

problems of FOIA

Answer 14

o Cost
o Delays
o Access depends on who is in charge