Exam 10: The Media and the Judiciary

Whether juror names must be publicly available has not been addressed by the U.S. Supreme Court and lower courts are split on this issue.

In a sensational case attracting great attention, the presiding judge decides to gag the attorneys, court personnel, and law enforcement officials. A defense attorney violates this gag by disclosing information to a journalist; the journalist publishes this information without identifying the attorney.

Lil' Willie, a world famous rapper, is arrested for the murder of his girlfriend, Florescent. The arrest generates massive pretrial publicity, including comments from the police that the gun used to shoot Florescent was found in the trunk of Lil' Willie's Bentley. The press also reports that Lil' Willie confessed to the police. Lil' Willie's lawyer, however, moves to suppress the confession and the gun, claiming that the confession is inadmissible because the police did not properly advise Lil' Willie of his Miranda rights and the gun is inadmissible because the police did not have a warrant to search Ll' Willie's car. Also, Lil' Willie's lawyer asks the judge to issue a gag order restraining the press from further reporting about the case. Apply the relevant test to determine if the request for the restraining order should be granted. Discuss alternatives to the gag order.

The U.S. Supreme Court has upheld post-publication penalties imposed on the media for publishing truthful information that lowers the public's opinion of the judiciary.

Social scientists have been able to prove that prejudicial publicity causes biased juries.

In the trial of Boston Marathon bomber Dzhokhar Tsarnaev, the trial judge denied a motion for a change of venue because Boston's large population weighed against a finding of presumed prejudice.

In 2022, the U.S. Supreme Court declined to overturn the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev, following claims that the trial judge did not properly screen jurors for bias due to pretrial publicity.

The U.S. Supreme Court has ruled that a "pattern of prejudice" in jurors may be assumed if jurors have been exposed to any information about a trial before it begins.

The 1966 case in which the U.S. Supreme Court overturned a murder conviction because the prejudicial publicity and carnival-like atmosphere in the courtroom deprived the defendant of a fair trial.

What is the definition of the following term: -Gag order.

What is the definition of the following term: -Change of venue.

During the COVID-19 pandemic, numerous federal courts, including the Supreme Court, livestreamed audio of their oral arguments.

The 1976 case in which the U.S. Supreme Court ruled that prior restraints on the news media are a presumptively unconstitutional means of protecting a fair trial:

Although the text of the First Amendment does not explicitly mention a public right to attend trials, Chief Justice Burger's opinion in Richmond Newspapers v. Virginia held that such a right is implied.

In Skilling v. United States, the U.S. Supreme Court:

Under their contempt power, judges have virtually unlimited authority to punish those who criticize judicial performance in newspapers.

The judge in the trial of Wall Street figure Frank Quattrone barred the publication of the names of potential jurors. The Court of Appeals for the Second Circuit ruled this prior restraint to be unconstitutional.

What is the definition of the following term: -Voir Dire.

In Skilling v. United States, the U.S. Supreme court emphasized that pretrial publicity only rarely deprives a defendant of a fair trial.

In high profile cases, judges may prohibit attorneys, court personnel, and law enforcement personnel from making public comments, such as discussing a defendant's prior criminal record.