Exam 10: The Media and the Judiciary

Based on the Richmond Newspapers case, journalists have a First Amendment right to listen to conversations between attorneys and the judge held in the judge's chambers.

The U.S. Supreme Court:

Under the collateral bar rule, gag orders are presumptively valid and must be obeyed until set aside either by the court issuing the order or by an appellate court. CNN was punished for violating a gag order, even though the order was later ruled to be invalid.

The U.S. Supreme Court in 2010 prevented the broadcasting of the Proposition 8 trial because the trial court adopted a local rule permitting broadcasting without following appropriate procedures.

Cameras are not allowed in federal criminal trials.

Whether journalists may use laptop computers and cell phones in state courtrooms depends upon local rules or the discretion of the judge.

In Sheppard v. Maxwell, the U.S. Supreme Court ruled the trial judge should have guaranteed Dr. Sheppard a fair trial by:

The majority of states allow tv coverage of trials and appellate court proceedings.

Cameras are generally permitted:

The cases in which convictions have been overturned because of pretrial publicity illustrate that:

In Gentile v. State Bar of Nevada, the U.S. Supreme Court ruled that restrictions of attorneys' comments during trials are subject to less First Amendment scrutiny than constraints on the expression of the press or the public.

The Nebraska Press Association ruling has largely meant that prior restraints on court coverage have not been allowed by lower courts.

What is the definition of the following term: -Sequestration.

In Irvin v. Dowd, the U.S. Supreme Court said that a criminal conviction might be overturned when: