Free Press Free Trial

Question 0

What is the first amendment ?

Answer 0

It is free press/ free speech

Question 1

Criminal trails are considered

Answer 1

Are presumptively open because of the Richmond news papers Vs. Virginia

Question 2

Under what amendment is free trial?

Answer 2

It is the 6th (criminal )

Question 3

What is a trial

Answer 3

Proceeding intended to resolve questions if fact

Trails are not about laws they are abt facts

Question 4

Mistrial

Answer 4

Declaration that trial is not proper/ no conclusion

Question 5

Evidence

Answer 5

Witness testimony, documents,things

Question 6

Voir dire (speak the truth)

Answer 6

Impartial jury, jury selection

Question 7

Veniermen

Answer 7

Picking jury, those who have been selected for jury

Question 8

Venue change

Answer 8

Change of location for trial

Question 9

Sequestration

Answer 9

Holding the jury from the outside world to avoid outside influence

Question 10

Admisability

Answer 10

Evidence ruled OK for submission at trial

Question 11

Inadmissible evidence

Answer 11

Character evidence such as citing what wrings the def’t has committed, criminal record

Govt must prove THIS crime

Question 12

Hearsay

Answer 12

Witness testifying to what someone else said

Question 13

What is the 6th amendment

Answer 13

Rights of the accused,speedy trial, impartial jury where crime occurred, right to confront witnesses

Question 14

Impartial jury

Answer 14

Able to have an open nit unduly swayed by publicity outside trial

Question 15

Infallible

Answer 15

To not make a mistake

Question 16

Challenge for cause

Answer 16

Not impartial-deep seated

Question 17

Peremptory challenge

Answer 17

To dismiss jury for no reason (limited in number, can only happen 2x)

Question 18

What proceedings are presumptively open

Answer 18

Criminal trails, bail hearings, voir dire proceedings

Question 19

Closure standard

Answer 19

For open proceedings can close If...
Interest
Harm
Alternatives
Alternatives exist for media expression 
Min. Interfer

Question 20

General exceptions to openness (not open trial)

Answer 20

Juvenile hearings, military courts, summary jury trials

Question 21

Bench bar press guidelines

Answer 21

Ru

Question 22

Laws in context

Answer 22

In context refers to a particular time and place

Question 23

What has SCOTUS ruled abt censorship during wartime

Answer 23

More censorship is acceptable during wartime

Question 24

Dichotomy

Answer 24

Two mutually exclusive things Either alive or dead, war or peace etc etc

Question 25

Continuum

Answer 25

2 areas run together, grey areas in between

Question 26

As context changes

Answer 26

Law changes

Question 27

quantitative distinction

Answer 27

(#'s) levels of intensity

Question 28

Qualitative

Answer 28

2 different kinds of categories, a whole new situation, the way the govt defines wartime

Question 29

Denial of access to persons or places

Answer 29

Compare Vietnam to Iraq Dover Air Force base rolling stone magazine cover

Question 30

Denial of access to foments and things

Answer 30

Sealed dockets, states secrets privilege Guantanamo bay FOIO denied

Question 31

Punishment after publication

Answer 31

Draft resistance cases WWI Washington post reporter camps story official calls for espionage prosecutions Chelsea manning

Question 32

Self censorship

Answer 32

Chilling effect

Question 33

Privacy and surveillance state

Answer 33

Snowden / NSA

Question 34

Belacose

Answer 34

Talking abt war

Question 35

What does the first amendment protect

Answer 35

It protects speech and symbolic speech flag burning, armbands, crosses, turbans It does not protect physical action like threatening imminent lawless action or fighting words

Question 36

In loco parentis

Answer 36

In place of the parents

Question 37

Cause of action

Answer 37

In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.

Question 38

Liable

Answer 38

Responsible for harm

Question 39

Libel

Answer 39

Cause of action for damage to reputation publication of or concerning plaintiff

Question 40

Tort

Answer 40

Civil wrong (libel, damage, negligence)

Question 41

Slapp

Answer 41

Speaker used for exercising free speech rights, under statutes case dismissed early purpose is to protect speakers from being harassed w/ out lawsuits

Question 42

Arbitration

Answer 42

Proceedings outside court

Question 43

Retraction statute

Answer 43

Correction of false or injurious publication

Question 44

Libel 2

Answer 44

Written publication injurious to reputation

Question 45

Slander

Answer 45

Oral publication injurious to reputation

Question 46

Defamatory

Answer 46

Injurious all together

Question 47

Publication

Answer 47

Transmit info report from one person to another

Question 48

Libel tourism

Answer 48

Going to another jurisdiction to file a suit where libel laws are more favorable to plaintiff

Question 49

Speech act

Answer 49

Will not enforce foreign libel judgements

Question 50

Libel per se

Answer 50

Words libelous on face (thief whore slut )

Question 51

Libel per quod

Answer 51

Have to know other facts

Question 52

Elements of a libel case

Answer 52

Publication-any to one or another person Of or concerning patient (is it abt you ) Defamatory- injury to rep False - not opinion Defendant at fault- if a plaintiff is a public figure plaintiff must show defendant acted w/ reckless disregard

Question 53

Element

Answer 53

Parts of a case

Question 54

Court remedies

Answer 54

Equity or injunction, retraction in the case of libel

Question 55

Proof of fault

Answer 55

Truth / falsity of a publication

Question 56

Vendors

Answer 56

They are not responsible for libel purposes

Question 57

Communications decency act

Answer 57

Internet service providers not responsible for contect