Test 3 Flashcards
SHORT ANSWER: Be able to write definitions for the court remedies to ensure a fair trial: change of venue, change of venire, sequestration, admonition. continuance, and voir dire
Fair Trial:
Change of Venue: Moving a trial to a different location to ensure a fair trial, typically due to pretrial publicity or community bias.
Change of Venire: Replacing the jury pool (venire) with individuals from a different location to avoid bias or prejudice.
Sequestration: Isolating witnesses or jurors from outside influences, such as media coverage, during a trial to maintain impartiality.
Admonition: A warning or instruction given by the judge to jurors, often about not discussing the case or being influenced by external factors.
Continuance: A delay in the trial to allow more time for preparation, usually granted if a party needs more time to gather evidence or witnesses.
Voir Dire: The process of questioning prospective jurors to determine their suitability for jury duty, aiming to ensure an impartial jury
SHORT ANSWER: Know what rights the First and Sixth Amendments protect
First Amendment: Protects freedom of speech, religion, press, assembly, and petition.
Sixth Amendment: Protects the right to a speedy and public trial, an impartial jury, the right to be informed of criminal charges, the right to confront witnesses, and the right to counsel.
SHORT ANSWER Know the collateral bar rule
The collateral bar rule states that a party must obey a court order, even if they believe the order is incorrect, and cannot challenge it in a separate proceeding. Violating the order can result in contempt of court, even if the order is later found to be invalid.
SA Know TWO Principles of the SPJ Code of Ethics ( Homework Week 8 of FRED Learn)
SEEK TRUTH AND REPORT IT
Journalists should be honest, fair, and courageous in gathering, reporting
and interpreting information.
MINIMIZE HARM
Ethical journalists treat sources, subjects and colleagues as human beings
deserving of respect.
SHORT ANSWER Know what a Shield Law is and how many states have them.
A Shield Law is a law that protects journalists from being forced to reveal confidential sources or unpublished information in court. As of now, 49 states have some form of shield law. Only Wyoming does not have one.
SHORT ANSWER Be able to share TWO of the tips from the youtube videos on newsgathering we watched in class.(week 7 FRED Learn)
When Filming someone on their private property, be sure to make clear where you can have access to and where you can’t.
Be sure to get either on camera, or written consent from the talent that you can film them and publish their story and likeness.
SHORT ANSWER Know the situations in which prior restraint IS permitted (speech NOT protected by the First Amendment)
Prior restraint (censorship before speech occurs) is permitted in situations where speech is not protected by the First Amendment, such as:
Obscenity: Speech or material that is obscene, as defined by law.
Defamation: False statements that harm someone’s reputation.
Incitement to violence: Speech that incites imminent lawless action.
National security: Speech that poses a clear and present danger to national security, such as revealing classified information.
Fighting words: Words that incite immediate violence or an aggressive response.
These exceptions allow the government to impose restrictions before speech occurs.
SA Know whether judges can prohibit the media from talking to jurors AFTER the trial is over
Yes, judges can prohibit the media from talking to jurors after the trial is over. This is often done to protect the privacy of jurors and to avoid any potential influence or harassment. However, once the trial concludes, jurors typically have the right to speak to the media if they choose to do so unless a court order is in place to prevent it.
SA Know what the Privacy Protection Act of 1980 stands for
The Privacy Protection Act of 1980 protects journalists from having their work, like notes or photos, seized by the government without a subpoena. Law enforcement must get a subpoena first, unless it’s urgent or involves a crime. It helps protect press freedom.
SA Know a definition for a subpoena
A subpoena is a legal document that orders someone to appear in court or produce evidence, such as documents or records, in a legal case.
SA Know whether journalists have a right NOT to obey them
Journalists do not have an absolute right to ignore subpoenas. However, in the United States, journalists are afforded some protections under the First Amendment, specifically the concept of “press freedom.” In certain cases, journalists may argue that obeying a subpoena would violate their rights to gather and publish news.
Know what New York law does about cameras in the courtroom.
New York has specific rules governing the use of cameras in the courtroom. The New York State Unified Court System allows for cameras and recording devices in certain courtrooms, but with restrictions to maintain fairness and decorum.
SA Know at least two exceptions to FOI as well as which branches of government are NOT covered by FOI
National Security: Information related to national security, defense, or international relations can be exempt from disclosure if revealing it could harm national interests.
Personal Privacy: Information that involves personal privacy, such as confidential personal data of individuals, is exempt if releasing it would violate privacy rights.
SA Know whether the media needs permission to attend a PUBLIC Meeting.
No, the media does not need permission to attend a public meeting, as long as the meeting is open to the public.
SA Know whether the Open Meetings Law allows journalists to record the proceedings of those meetings. (either video or audio)
Yes, the Open Meetings Law generally allows journalists to record the proceedings of public meetings, whether by audio or video, but with some conditions.
MC Know what the Food Lion case stands for with respect to how media is typically sued today
The Food Lion case (1999) involved a lawsuit where the grocery chain sued ABC News for fraud and trespass after undercover reporters used false identities to gain employment and expose unsanitary practices.
Know what the Flynt vs. Rumsfeld case stands for
The Flynt v. Rumsfeld case (2004) involved Larry Flynt, the publisher of Hustler magazine, suing Donald Rumsfeld (the U.S. Secretary of Defense) over the U.S. military’s refusal to allow Hustler to distribute its magazine on military bases.
MC Understand what the Branzburg vs. Hayes, Zurcher vs. Stanford Daily, and Cohen vs. Cowles media cases stand for
They highlight the limits of journalistic privilege and the legal responsibilities of the media.
All three cases involved situations where the rights of journalists and the freedom of the press were in conflict with other legal interests
Know the rules of trespassing
Trespassing refers to unlawfully entering or remaining on someone else’s property without permission.
Things such as Unauthorized EntrY, Knowingly Entering, No Consent, Public vs. Private Property, Criminal vs. Civil Trespassing, “No Trespassing” Signs, and Entry with Purpose
Understand the Judith Miller case and what the Supreme Court has said about testifying before a FEDERAL grand jury.
The Judith Miller case revolves around Judith Miller, a reporter for The New York Times, who was involved in a high-profile investigation in 2005 related to the leak of a CIA agent’s identity (Valerie Plame Wilson). Miller was subpoenaed to testify before a federal grand jury about her confidential sources in the case. She refused to testify, citing journalistic privilege and her belief that revealing her source would violate the principle of protecting confidential sources.
The U.S. Supreme Court has ruled that journalists do not have an absolute constitutional privilege to refuse to testify before a federal grand jury.
Know the differences between absolute and qualified privilege
Absolute privilege provides complete immunity from defamation lawsuits, no matter how harmful or false the statement is, as long as the statement is made in certain protected situations.
Qualified privilege provides limited protection from defamation claims. It applies to situations where a statement is made in good faith, with a legitimate purpose, and without malice. However, the privilege can be lost if the statement is made with actual malice or without a valid reason.
Understand promissory estoppel
Promissory estoppel is a legal principle that prevents a person from going back on a promise, even if there isn’t a formal contract when another party has reasonably relied on that promise to their detriment.
Know the rules that affect journalists when they want to enter a mall to video-tape
When journalists want to enter a mall to videotape or report, they need to be aware of both legal and ethical rules. Also some businesses do not allow media being that they are more private. Others have less restrictions. Also most of the places you can record are the main walkways which isn’t focused on a particular business or store.
Know what contempt of court is
Contempt of court is a legal term that refers to behavior that disrespects or disobeys the authority, dignity, or rules of a court. It can involve actions that disrupt or interfere with the administration of justice.
If someone invades your property with a drone, do you have the right to shoot it down? Is it a federal or a local issue?
The FAA prohibits shooting down a drone because it’s a violation of federal airspace laws. You can’t harm or destroy any aircraft (including drones) in flight, and doing so can result in federal charges, including destruction of property and violations of aviation laws.
No, you cannot shoot down a drone. It is a federal offense that interferes with airspace regulations.
Instead, contact local law enforcement or file a complaint with the FAA if you feel your privacy is being violated.
It is typically an FAA issue.
Does the First Amendment protect the newsgathering PROCESS?
The First Amendment protects freedom of speech and the press, but it does not provide an absolute constitutional right to gather news.
MC when you file a FOI request how long does your explanation have to be?
When you file a Freedom of Information (FOI) request, you generally do not need to provide a detailed explanation about why you are requesting the information. The key requirement is that your request should be clear, specific, and describe the records you’re seeking in a way that allows the agency to locate them.
MC Know the difference between a challenge for cause and pre-emptory challenge during the jury selection Processes (Voir Dire)
During the jury selection process (called voir dire), attorneys can challenge potential jurors for various reasons. The two primary types of challenges are Challenge for Cause and Peremptory Challenge.
MC When subpoenaed to testify in court, when is a reporter LEAST likely to have reporter’s privilege?
When the information is critical to a criminal investigation or prosecution, as well as when the information is needed and there is no other way to obtain it.
MC Why was New York Times reporter Judith Miller jailed?
Judith Miller, a reporter for The New York Times, was jailed in 2005 for refusing to testify before a federal grand jury regarding the leak of a CIA officer’s identity—specifically, the identity of Valerie Plame Wilson, a CIA operative, which was leaked in the context of the controversy surrounding the Iraq War.
Is there consistency in the wording of Shield Laws?
No, there is no consistency in the wording of shield laws across the United States. Shield laws are state-specific, meaning each state can have its own laws governing the protection of journalists from being compelled to disclose confidential sources or unpublished information.
have the courts been able to come up with a consistent definition of what a journalist is?
No, courts have not been able to come up with a consistent definition of what qualifies as a “journalist”. The definition of a journalist can vary significantly depending on jurisdiction, context, and the specific legal issue at hand.
