SMAD 370 FINAL EXAM

What is another word for Statutory exemtpion?

"Catch-All" exemption

What is a Virtual Representation?

"a doctrine where a non-party may be bound to the judgement in a previous case if certain factors are met."

What are the State Shield Laws?

- 32 states have shield laws - (MD, TN, NJ, NY, OH) - They're not worth a lot to protect the journalist - Number of ways to be interpreted really diminishes the impact.

What are the rules on Camera in the Court Rooms?

- ABA's Canon 35 - Called for a ban on cameras and the broadcasts of trial. - ABA's rule 3 A (7) - modified the original ban to include cameras when an appellate court rules they will not distract trial participants. Need courts to approve it still. - Specific chapters ^ - Right now - 14 states and DC allow cameras in courtroom - 30 states allow some access into the court room (VA INCLUDED) - 4 states access with permission - 2 states no access (MS AND VT)

Federal Advisory Committee Act of 1972

- Came into play bc of Hillary Clinton and Cheney - Secret advisory boards to government agencies.

What are the Remedies for Prejudicial Publicity?

- Change of venue - Change of Venire - change of jury pools - Continuance - delay the trial in hopes publicity will die down - Severance - Vior De - question potential members of jury to seek their opinion and bias - sequestration - take jury and confine them - Judicial Admonition -can't discuss the information in court with each other - new trial - give them a new trial

What causes Potential Pre-Trial Publicity?

- Confessions - Prior Criminal Record - Results of lie detector tests, blood tests, ballistics test and other investigatory procedures - Character flaws or life-style - Potential Witnesses, testimony or evidence - Speculation by officials

What is the history of FOIA

- Congress adopted the Freedom of Information Act in 1966 - Agencies covered include departments, regulatory, agencies, government corporations or other establishments of the executive branch. - Any person may submit a request under FOIA - Does not cover the President, his/her Cabinet, Congress, Federal Courts or Private Corporations - Documents covered under FOIA must function as records and be copied. - Implement FOIA: call the FOIA officer of particular department or agency - File a formal, written request for info knowing the agency must respond within 10 days with the possibility of a 10-day extension.

What is involved in the peremptory challenge?

- Convinced the judge the jury is bias. - Challenge which may be made without any reason or cause - Determine by state law as to how many of these an attorney may have - Peremptory are like timeouts in the court room. You get 'x' amount of them during your trial and can only use so many.

Garland v. Torre (1958)

- Facts: Judy Garland wanted to know who at CBS revealed to Marie Torre that Garland was released from her contract. Torre refused and jailed for contempt. - Importance: Journalist must reveal his/her source if the government or plaintiff can meet the following "Three Part Test"

What are types of Deceptive Advertisements?

- False, misleading, or deceptive advertisements. - One that is likely to mislead - One that could deceive a reasonable consumer - One that contains a material statement or an omission that deceives. - actual claim or omit side effects of your product.

What are the Federal Advertising Agencies?

- Federal Trade Commission - Food and Drug Administration - Federal Communication Commission - U.S. Post Office - Securities and Exchange Commission - Alcohol and Tobacco Tax Division of the Internal Revenue Service

What is the protection of a Confidential Source?

- First Amendment - State Shield Laws - Common Law o State and Federal

What are examples of basic conflict?

- First Amendment calls for a free press - Sixth Amendment call for a fair impartial jury.

What is the prior restraint on media?

- Gag orders on the media - Gag orders on news sources - Courts must consider three things before issuing a gag order on the media: o Quantity and content of media coverage o Potential effectiveness of alternatives to a gag o The likelihood that a gag would remedy the harmful publicity

What is Post Publication Punishment?

- Generally, courts have ruled that the First Amendment prohibits punishment of the press for news stories about judicial proceedings - States must provide a compelling governmental interest or prove serious and imminent threat to the administration of justice.

Some More History on FOIA

- If you file a request: it shifts the burden of proof. - Burden to turn over document is now on the agency or it must supply a reason why it will not turn over the records. - If denied access, you may appeal to the agency head who has 20 working days to respond to your appeal. - If access is again denied, you may appeal to the FDC nearest you for a ruling on the access. - Fees can be charged for searches, but they may be waived if the request is in the public interest - If you lose, you could be charged for court fees.

What consists of self regulation?

- National Advertising Division - National Review Board - National Association of Broadcasters' Television Code o No longer exists o Ruled in violation of Sherman Antitrust Legislation

What are some FOIA exemptions?

- National security - info that could damage national defense or foreign policy *suggestion* - Agency rules and practices - documents related solely to internal personnel rules and practices. - Only one is mandatory

Private Corporations v. Public Corporations

- Private Companies that act on their own - public receive government funding. Have to be careful about insider information.

What are Federal Actions?

- Staff opinion letters - "in our opinion, you can make this claim or you can't..." - Advisory opinions - FTC will write a newsletter saying be careful of the claim you're making - Industry guides - Pamphlets on guidelines saying you have to support your claim through x,y,z - Trade regulation rules - you cannot make these types of claims in the future - Consent decrees - happens at the end of a campaign. You make a promise you'll never use that claim again because its false or misleading - Cease-and-desist order - saying you have to stop immediately between agency and company - Injunctions - gone to the courts and made an argument that you're doing something wrong - Corrective advertising - Most severe penalty. Made a false claim for a long period of time. Ex. Profile Bread

What is the Federal Sunshine Act?

- This legislation was passed in 1976 and calls for federal agencies to meet in public - This act pertains to the same agencies that are subject to FOIA - This act has 10 exceptions which would allow "closed sessions" at the federal level - Closed sessions means calls open meeting to explain X,Y,Z - member says want to move to closed. They take a vote and kick everybody out. Doesn't matter what you talk about in closed doors the vote has to be public. You can state the closed information was personnel reasoning.

What are some problems with FOIA?

- Transparency message not distributed evenly among executive branch messages - High court costs associated with getting information from the gov. gonna have to spend some money depending on which file you need. Can redact information. - Legally sanctioned removal of information - redacting - Certain agencies (FBI/CIA) have made concerted efforts to weaken the FOIA - Glamorization of data - Computerization of information has led to higher fees for access to information that was once free. - False Claims Act - allows us to sue on the government's behalf. - The law excludes claims to the plaintiff if the claims are based on news reports or other info - A question came up if the info came from the FOIA claim, could the plaintiff claim damages.

Reporter's Options to Illegal Closed Meetings

- You May file suit to prevent a closed meeting in federal district court - You may file suit to stop future closed meetings. - have to have evidence. Very hard to do. - You may sue for a copy of the transcript of the closed meeting, if suit is filed within 60 days of closed meeting - May sue agency, but not the individuals involved in the illegal meeting.

Computer Matching and Privacy Protection Act of 1988

- allows government agencies to transfer information about individuals between agencies.

What is Statutory?

- applies to documents that Congress has declared in other statutes to be confidential - MOST IMPORTANT AND MANDATORY

What is the agency memoranda?

- exempts working documents circulated within agencies.

What are the printers ink statutes

- found in 47 states - most make false advertising a misdemeanor

What is the Electronic Freedom Information Act Amendments of 1996

- lets have clear names of bills and memorandum, quickly digitize these records, make sure you feel the electronic tracking system is up and running efficiently.

What does the clerly act of 1998 do?

- notification of students of crimes on campus

What do banking reports do?

- protects financial reports and audit information

FTC v. Colgate Palmolive (1965)

-Facts: Rapid Shave had a demonstration in which the shaving cream claimed to shave "tough dry sandpaper." In reality it was a piece of plexiglass. -Importance: The USSC declared fake demonstrations or mock-ups are illegal when the faked portion attempts to PROVE the product's claim.

Zauderer v. Office of Disciplinary Counsel (1985)

-Facts: Zauderer wanted to run his law firm's ads with pictures Importance: -The USSC extended constitutional protection to illustrations and pictures in attorney's ads.

Valentine v. Chrestensen (1942)

-In this case, the U.S. Supreme Court said for the first time that "purely commercial speech" is not protected by the 1st A. -The Court discussed why advertising does not deserve the First Amendment protection afforded "political speech." -The start of Commercial Speech Doctrine.

What are the 4 parts of the Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)

1) The Court must determine whether speech is commercial eligible for 1st amend. Protection 2) The court must examine whether the government asserts a substantial interest in regulating the expression. 3) The Court must examine whether the regulation directly advances the governmental interest asserted. The court must determine whether the regulation is sufficiently narrow

Who are the 3 bodies that can request something in either civil or criminal contempt?

1. court room 2. grand jury 3. congress

What is the Vaughn Index? What two components make up the Vaughn Index?

2 components. In denying info, an agency must (1) Identify each document that was withheld (2) Say how release of information would harm the interest of the exemption.

Which camera modified the original ban?

ABA's rule 3 A (7) - to include cameras when an appellate court rules they will not distract trial participants. Need courts to approve it still.

Which Court cases exemplifies Journalists as being a third party?

Baker v. F 7 F Investment (1973)

Which court case is 3 separate cases?

Branzburg v. Hayes (1972)

What is the Backdoor court case?

Chrysler Corp. v. Brown (1979)

What is civil and criminal contempt?

Contempt: Civil - to get someone to do something. Criminal - punishes disrespect for the court. - Direct Contempt - in the courtroom that disrupts the legal process - Indirect Contempt - away from the courtroom.

Farr v. Superior Court of CA (1971)

Facts: A CA judge issued gag order regarding inforamtion connected with murder trials involving Manson family members. Farr published information that was gained from one of the attorneys. Judge ordered Farr to name sources. Importance: Cali's shield laws were ignored. Farr spent 46 days in jail. Good case to show weakness in shield law.

Press Enterprise I v. Riverside County Superior Court (1986)

Facts: A Judge closed the voir dire (picking jurers) examination of the jurrors in the rape-murder case. The judge also refused to release the transcripts of the questioning. Importance: USSC Declared the press had a right of access to a transcript of a preliminary hearing so long as it didn't invade the privacy of jurors' voir dire information.

Zemel v. Rusk (1964)

Facts: A Reporter wanted to go to Cuba in violation of a State Department travel ban. Importance: The USSC Ruled that the right to publish does not carry with it the unrestrained right to gather information.

Riley v. Chester (1979) *Federal Common Law*

Facts: A former police officer sued a journalist to find out what the present police chief had said about him. Common Law and is still iffy. Importance: The Third Circuit applied Rule 501 of Federal Rules of Evidence to protection of confidential sources - "all privileges shall be governed by the principles of the common law as they may be interpreted by the courts....in light of reason and experience" Not a solid protection under common law.

Department of the Air Force v. Rose (1976)

Facts: A law review editor requested information on the Air Force Academy internal discipline council. Access was denied under the personal privacy exemption. Importance: USSC declared the personal privacy exemption should not be read as an absolute barrier against disclosure of information. You have to corporate.

Nixon v. Warner Communications (1978)

Facts: A record company wanted the right to copy the Nixon tapes for broadcasting and sale to the public. Importance: The USSC ruled the record company did not have a right of access to the tapes.

Kissinger v. Reporters Committee for Freedom of the Press (1980)

Facts: A request was made for access to the transcripts of Henry Kissinger's telephone conversations when he was secretary of state and national security adviser. Library of Congress possessed notes. He has ability to say who can these the files and who cannot. Importance: The term "agency" does not apply to the Library of Congress. This means FOIA does not apply to this institution.

Houchins v. KQED (1978)

Facts: A television station was denied access to portion of the Santa Rita Jail where an inmate was reported to have committed suicide. Said if you tour our facility you cannot have cameras or interview anybody. Used Pell v. Procunier to respond. Said Pell limits access to jail. Importance: USSC extended the Pell decision by limiting the access of the press in jailhouses.

Central Hudson Gas & Electric Corp. v. Public Service Commission

Facts: A utility wanted to promote the use of electricity in violation of a state statute. Idea you wanted to conserve energy. Importance: USSC established a four-part test to determine the constitutionality of regulations on commercial speech.

Baker v. F 7 F Investment (1973)

Facts: Alfred Balk wrote 'Confessions of a Block-Buster" for the Saturday Evening Post. His Anonymous Source was given the pseudonym of "Norris Vitcheck" Baker Suing F&F for blockbusting. Wondering if Vitcheck knows F&F was involved. They don't know if vitcheck is reasonable. A group civil suit resulted and the plaintiffs wanted the sources real name. Importance: The Second Circuit ruled that the source did not have to be revealed because the three-part test of Justice Stewart had not been met. Other Sources has not been exhausted.

Chrysler Corp. v. Brown (1979)

Facts: An Auto labor union requested employee information that Chrysler had filed with the DOD. Chrysler did not want the DOD to release the information. Importance: The USSC declared that an official may release information covered by one of the exemptions specified in FOIA. The "Catch-All" exemption must be followed. Catch All is the only mandatory one. Everything else is a suggestion. Anybody can use FOIA.

Bridges v. California (1941)

Facts: An Official of the International Longshoreman-Warehousemens... Importance: USSC ruled that punishment for criticism of pending court cases can occur only if there is a an extremely serious evil imminent.

Bates v. State Bar of Arizona (1977)

Facts: Bates wanted to run advertisements of the prices he charges for routine legal services. This was in violation of State Bar regulations. Importance: The USSC ruled that attorneys have a constitutional right to advertise the prices of routine services, such as a simple will or an uncontested divorce.

Branzburg v. Hayes (1972)

Facts: Branzburg appealed two court orders to testify in front of grand juries investigating drug use and sales. Caldwell and Pappus were requested to testify in front of grand juries concerning the Black panthers. Importance: USSC determine Journalists, just like members of the public, have no First Amendment right to refuse to testify before a grand jury

State of New Jersey v. Bruno Hauptmann (1935)

Facts: Bruno Hauptmann was accused of kidnapping and killing the 18-month-old son of Charles Lindbergh. Found the killer through dumb luck because he paid the ransom through gold certificates then paid for gas with gold certificate. Over 800 Journalists covered the trial. Importance: The media coverage outside the courtroom motivated the ABA to establish Cannon 35

Fordham v. Harris (1980)

Facts: Committee on the care of Diabetics wanted the FDA to request specific data from a team of consultants on the effectiveness of various diabetes treatments. Importance: FOIA does not dictate how we get information. The USSC held that FOIA cannot be used to compel a federal agency to obtain data from a private contractor if the agency does not want to.

Watson v. Phillip Morris (2007)

Facts: Consumer groups were suing cigarette manufacturer over the advertisements of "light" cigarettes as safer than regular cigarettes. Phillip Morris argued that these cases could only be brought in federal courts. Importance: USSC held that state could allow such lawsuits.

Craig v. Harney (1947)

Facts: Craig Hrney wa sheld in contempt for comments made about judge outside fo courtroom. Importance: yes. Person has to be threatening the judge in the courtroom.

Confidentiality - Cohen v. Cowles Media Co. (1991)

Facts: Dan Cohen lost his public relations job after newspaper revealed his name in violation of a promise of confidentialy. He has revealed that a rival party of candidate had been convicted of shoplifting 12 years earlier.

Murphy v. Florida (1975)

Facts: Dr.Sam Sheppard was convicted for murdering his wife, Marilyn. The Television series and the movie, THE FUGITIVE, were based on this case. Importance: USSC stressed that judges must ensure a dignified atmosphere in the court, including control over the behavior of journalists. Got a retrial.

Minneapolis Star and Tribune v. U.S. (1989)

Facts: FBI agents destroyed the camera and film of a photo in which they knew it would be used for evidence. Importance: The DC Circuit ruled in favor of the media and required the FBI to pay damage fees.

Consumer Product Safety Commission v. GTE (1980)

Facts: GTE wanted to prevent information being released to consumer publications on television sets exploding. The power is in the CPSC to fix it. We get to decision to do a recall not you. Case to test out statutory exemption. Importance: USSC upheld the "Catch-All" exemption.

Federated Publications v. Swedburg (1981)

Facts: Judge Swedburg ordered reporters to sign an agreement that they would follow Washington's Bench-Bar-Press Guidelines or they would not be allowed in the courtroom to cover the "Hillside Strangler" case. He turned voluntary guidelines into mandatory guidelines Importance: The state supreme court ruled that Judge Swedburg's order was not a prior restraint because no punishment was associated with a lack of compliance. Yes you can make voluntary guidelines

Gannett v. DePasquale (1979)

Facts: Judge prohibited the press from attending pretrial hearing in a police officer shooting case. The pretrial hearing concerned a confession and the evidence that resulted as "fruits" of the confession. Gannett used a 6th amendment right of public trial. Importance: USSC declared that the press and the public do not have a constitutional right to attend PRETRIAL hearings.

First Nation Bank v. Bellotti (1978)

Facts: Massachusetts law forbade corporate advertising for or against items to be voted on. State argued that money spent by corporations could drown out other points of view. This set up Citizens untied amendment Importance: USSC recognized that corporations have First Amendment rights to express itself and that banks and other financial institutions might be better informed on economic issues than other entities. Thus, a state can't stop a corporation from placing their issues-oriented advertisements.

What were the criminal proceedings in ReFarber (1978)

Facts: Myron Farber refused to produce notes of his investigation into suspicious deaths in a New jersey Hospital. He Spent 40 days in jail and the NY Time was fined $286,000. Never revealed who Dr.X was. Importance: Judges require journalists to turn over notes or names of sources to protect significant social interests such as the 6th Amendment right of criminal defendants to obtain evidence in their favor and confront witnesses against them. Questions: How long should you keep your notes? Be Consistent. Particularly for a year. If you bring notes to stand both sides get access to them.

FBI v. Abramson (1982)

Facts: Nixon Administration requested the FBI gather information on the "enemies" Importance: USSC held that law enforcement information does not lose its protection when summarized or reproduced for another reason

Posades de Puerto Rico Associates v. Tourism Co. of Puerto Rico (1986)

Facts: Puerto Rico had a law that prohibited ads directed at non-tourists to gamble at casinos. Importance: USSC allowed the ad ban. This case extended the four-prong test of Central Hudson in that it allowed the restriction of advertisements of harmful products less First Amendment protection than other product advertisement.

FTC v. Raladam (1931)

Facts: Raladam Company first people to challenge FCC and their rules and power that comes with them. Raladam Company advertised crushed animal livers as a cure of problems from baldness to a solution to a bad back. Importance: This decision motivated Congress to pass the Wheeler-Lea Amendment in 1938 to empower the FTC to act against all unfair and deceptive practices in commerce. First activity to really give power to the FTC.

EPA v. MINK (1973)

Facts: Representative Patsy Mink Requested Access to Classified documents used to decide the issue of nuclear testing in Alaska. Importance: USSC rejected Representative Mink's Request This decision motivated Congress to amend to FOIA to allow court review of classified documents, e.g., "in camera" (in the judges chambers - they can look at it alone with nobody around and ti still protects the Doctrine) THE COURTS CAN NOW CONDUCTED IN CAMERA COURT REVIEWS

44 Liquormart v. Rhode Island

Facts: Rhode Island has a statute that banned the advertisement of alcohol prices. Had private companies selling alc. Importance: USSC held Rhode Island was unable to support the assertion that the price will significantly advance the State's interest in curbing alcohol consumption.

***State University of NY v. Fox (1989)***

Facts: SUNY had rules about using on-campus facilities for commercial activities "Tupperware party" distributor refused to leave and challenged the university's rules. Importance: USSC upheld SUNY's rules and stated that the government doesn't have to use the "least restrictive means" to regulate commercial speech as stated in the central Hudson case.

Zucher v. Stanford Daily (1978)

Facts: Student photo journalist for Stanford Daily took pictures of a confrontation between police and students. A search warrant was issued to collect all film, negatives and prints for evidence purpose. Convinced judge had photos of proof and needs a warrant. Importance: USSC held law enforcement followed the rule of law and search warrant was fine. Must meet burden of proof before a search warrant can be issued. (press privacy act of 1980)

Pell v. Procunier (1974)

Facts: The California State correction authorities prohibited media interviews with specific individual inmates. Pell is a reporter. Importance: USSC held that members of the media have no constitutional right of success to prisons or their inmates beyond that afforded the general public.

Pennekamp v. Florida (1946)

Facts: The Miami Herald published a series of inaccurate editorials that accused judges of protecting criminals more than the law-abiding public. Importance: The USSC held that editorials that contain inaccurate information did not pose a clear and present danger to the administration of justice.

Pittsburgh Press v. Human Rights Commission (1973)

Facts: The Pittsburgh Press ran ads as "Help Wanted-Male" and "Help Wanted-Female." The HRC issued an injunction to stop this practice. Discriminatory ads. Importance: USSC declared employment discrimination an illegal commercial activity

Dickinson v. U.S. (1973)

Facts: Two reporters violated a judge's order not to publish testimony in a murder conspiracy case in Baton Rouge, Louisiana. Importance: U.S. Court of Appeals for the Fifth Circuit declared that an injunction must be obeyed, regardless of the ultimate validity of the court order.

U.S. v. Nixon (1974)

Facts: US starting impeachment process on Nixon. President Richard Nixon went to court to prevent the release of secret White House tapes to a special prosecutor investigating Watergate. Importance: USSC ruled that executive privilege and be asserted inly when the material in question consists of military or diplomatic secrets.

Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council

Facts: Virginia had a law that prohibited price advertisement of prescription drugs. A Citizens' Group challenged the law. Importance: USSC recognized a constitutional protection for purely commercial speech motivated by a desire for profit.

Rideau v. Louisiana (1963)

Facts: Wilbert Rideau confessed to murder. His filmed confession to a sheriff was aired by a local television station and seen by an estimated 100,000 people in Lake Charles, Louisiana. Importance: The USSC declared that the televised confession in a very real sense was Rideau's trial and further court proceedings would be pointless.

What does FOIA stand for?

Freedom of Information Act

What court Case exemplifies protection of the first amendment? and why?

Garland v. Torre (1958) - If the Need of info (confessions, assumptions, etc.) goes to the "heart of the Matter"; if alternative sources have been exhausted. - If there is probable cause to believe that the journalist has information that is relevant to the plaintiff's charm.

Globe Newspapers, Inc. v. Riverside County Superior Court (1982)

Globe Newspaper v. Riverside County Superior Court (1982) Facts: A Judge ordered a rape trial closed because of two of the victims were 16-year-olds and a third was a 17-year-old. Importance: USSC ruled court should not be closed if names of minors were already in the public record or if the minors indicated they were willing to testify in the presence of the press.

Greater New Orleans Broadcasting v. US (1999)

Greater New Orleans Broadcasting Assoc. v. U.S. (1999) Facts: A Broadcasting of casino advertising was prohibited in Louisiana. Broadcasters challenged the law. Importance: The Court held that these types of ads cannot be banned in states where gambling is legal. Lottery ads are still banned in states where there is no lottery.

Which Court case exemplifies civil proceedings

Herbert v. Lando (1979) Importance: You can probe the Journalist State of Mind

Brown v. Commonwealth (1974)

Importance: Court ruled that the plaintiff had to prove that the information sought goes to the heart of the matter.

Landmark Communications Inc. v. Virginia (1978)

Importance: USSC held that accurate reporting of the conduct of public officials review in previous notes.

Irvin v. Dowd (1961)

Irvin was accused of killing six people and was referred to as "Mad Dog Killer" in the media Case was transferred to another venue, but the case received substantial publicity there as well Irvin convicted of killing six people Of the 12 jurors seated, 8 admitted that they believed Irvin was guilty before the trial, but said they could be impartial Supreme Court ruled that Irvin could not have received a fair trial and reversed conviction, change of venue should have been farther away

Bigelow v. Virginia (1975)

Jeffrey Bigelow published an ad in The Virginia Weekly for an abortion service in New York. At the time abortion was illegal in Virginia, but legal in New York. The message did not lose the First Amendment protection it would otherwise enjoy merely because it appeared in the form of an advertisement. There must be a compelling state interest to justify laws prohibiting any form of commercial speech that has a legitimate purpose

Sheppard v. Maxwell (1966)

Overturned a murder conviction based on unfair pretrial publicity and ordered a new trial

What is a Qui Tam?

Primarily involving government whistleblowers where a private person brings a case on the governments behalf and person could recover some of the damages sought. - Most Important

Which court case exmeplifies criminal proceedings?

Re-Farber (1978)

Estes v. Texas (1965)

Reporters do not have a First Amendment right to bring cameras into courtrooms to broadcast court proceedings.

Nebraska Press Association v. Stuart (1976)

Suing the Judge who is hearing this murder case. Facts: Six members of a family were killed. A neighbor confessed to the killings. Judge issued an order prohibiting the publication of news obtained during public pretrial proceedings. Importance: USSC ruled that gag orders on the media are a prior restraint and should only be used after less restrictive alternative methods are used.

Richmond Newspapers, Inc. v. Virginia (1980)

The Court ruled that representatives of the media have the right to cover a trial. There have been restrictions placed on the media when the coverage contributes to a disruption of the case or if it prejudices the case. - 4th trial of stevenson

Chandler v. Florida (1981)

Two police officers convicted of using their squad car and police radios in a burglary of a restaurant At time of trial, Florida allowed television coverage of criminal trials on an experimental basis Two officers objected, but portions of their trial were shown on television and they appealed to the Supreme Court Court voted 8-0 to uphold their convictions stating that TV cameras do not inherently violate a defendant's constitutional right to a fair trial This decision left the issue of cameras in the courtroom up to the states. Now all but New York allows either TV or still photograph in some court proceedings

Smith v. Daily Mail Publishing Co.

U.S. Supreme Court holds state that forbid publishing juvenile names unconstitutional where media had learned of juveniles name interviewing witnesses and police. Interest in protecting juveniles not important enough to offset First Amendment rights.

Press Enterprise II v. Riverside County Superior Court (1986)

USSC claimed defendants must provide specific evidence that an open courtroom would be present and "substantial probability" of endangering their rights to be a fair trial

What is the Glomar response?

agency says it cannot confirm or deny existence of information.

What is the 1974 Privacy Act?

designed to protect personal information by government agencies.

What does HIPPA protect?

health records

What is the confidential business information?

o Protects trade secrets and commercial or financial information that businesses submit to government agencies

What is law-enforcement investigations?

prevents access to on-going investigators

What does information about wells do?

protects geological and geophysical information

What is the FERPA (Buckley amendment)?

protects students record over the age of 18. Parents can't access your records.

What does Redact mean?

to edit or black out information in a document

True or false: Any individual can apply for FOIA

true

In Branzburg v. Hayes - Dissent Justice Stewart stated the plaintiff must prove what three things?

· 1) Probable cause that a journalist has "clearly relevant" information · 2) Information sought cannot be obtained by alternative means less destructive of First Amend. Values. · 3) A compelling and overriding interest in the information.