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49 Cards in this Set
- Front
- Back
The first recorded obscenity prosecution in the US occurred when?
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1815
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The doctrine that once a legal issue has been settled it should be followed as precedent in future cases presenting the same question...
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stare decisis
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Under the third prong of the current test used by the S.C. for determing obscenity in material, the fact finder must determine if the speech in question...
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lacks serious literary, artistic, political, and scientific value.
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Who was the adult movie producer convicted on obscenity charges in 2008?
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Paul Little
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Current test for determining whether material is obscene was created in which S.C. case?
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Miller v. CA
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Who was convicted of performing an obscene comedy routine in Chicago?
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Lenny Bruce
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Under the first prong of the current test for obscenity in material, the fact finder must determine if the speech appeals to...
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a prurient interest
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The Justice Department official whose office represents the federal government in all litigation before the S.C.
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Solicitor General
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The right of parties to bring legal actions
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standing
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S.C. case that determined a category of speech called obscenity is not protected by the First Amendment...
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Roth v. US
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Before the gov't can prosecute a bookseller or magazine vendor for selling obscene books or magazines, it must show the defendant had...
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scienter
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what is scienter?
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guilty knowledge. in the case of obscenity: knowledge of the contents of the material
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Latin word for "under penalty"
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subpoena
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A trial may be closed to protect the identity of who?
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a sexual assault victim
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a judicial order commanding a party to appear in court and explain why the court should not take a proposed action
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show cause
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How has the SC ruled in whether trials are presumptively open or closed?
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criminals trials are open, and lower federal and state courts have ruled that civil trials are open.
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If a judge orders a proceeding closed, should a reporter at the hearing make a formal objection?
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yes
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Televising a trial does not in and of itself cause prejudice to the defendant. What S.C. ruling decided this?
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Chandler v. Florida
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What is the Press-Enterprise test used by judges for?
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To determine whether a pretrial proceeding will be open or closed.
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Are federal courts in disagreement as to whether deportation hearings should always be open to the press and public?
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yes
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In making federal FOIA requests, representatives of the news media...
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receive the first 100 pages of duplicated records free of charge, but then are charged for each additional page.
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Under the Federal Freedom Of Information Act (FOIA), a government agency has how many working/business days to respond to a request for records after it receives the request?
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20
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(T or F) Every state in the US has some form of an open-records law
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True
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According to data from the Office of Information and Privacy at the US Dept of Justice, the total # of FOIA requests received by all federal departments and agencies during 2007 was...
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more than 20 mill
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The decision by the S.C. in 2004 in National Achives and Records Admin. v. Favish centered on a dispute over access to...
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death-scene photos
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records from what body are not subject to the federal FOIA?
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congress and SC
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Journalists who trespass are subject to...
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both civil liability and criminal prosecution
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Baltimore Sun v. Ehrlich
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state governor does not need to grant interview access to journalists
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When may reporters legally enter a private property to cover a news story?
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if they are invited by the owner or occupant
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how many numbered exemptions are there to the federal FOIA
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9
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in 2009, obama fought a court's order in a FOIA lawsuit regarding the release of what documents?
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photographs depicting abusive treatment of detainees in Iraq and Afghanistan
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(T or F) The SC ruled that journalists may accompany police when they execute search warrants, even if the property owners protest
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FALSE
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In determining whether to award attorney fees to a plaintiff who has prevailed in a FOIA lawsuit against a gov't agency, courts often consider what?
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the commercial benefit to the plaintiff in obtaining the info.
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When it comes to journalists recording and taping telephone conversations, the vast majority of states fall into the category of...
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one-party consent states
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Impartial juror
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one who may have heard things about the case, but has an open mind about the defendant's guilt or innocence.
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Under rule in Nebraska Press Assoc. v. Stuart, a judge may consider imposing a restrictive order against the press if...
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no other measure is likely to mitigate the effects of the publicity
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(T or F) If a judge decides not to participate in a case because of conflict of interest or other disqualifying condition, he or she then must "remand" himself from the case.
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False
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During the voir dire process in a criminal trial, both the state and the defense have what amount of peremptory challenges
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a limited #
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(T or F) judges have broad authority to bar jurors from speaking with reporters after a trial
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false
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(T or F) the publication before a trial of an accurate account of a defendant's criminal history is not regarded by most legal authorities as prejudicial to the defendant.
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false
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(T or F)The SC has ruled that defense lawyers can, in some circumstances, be barred from making statements about a pending case.
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TRUE
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What has happened to restrictive orders against the press since Nebraska Press Association case?
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they have almost disappeared
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(T or F) Sequestration of jurors has become much more common in criminal trials since the OJ trial.
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false
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Press-Enterprise test used by judges to do what?
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determine whether a pretrial proceeding will be open or closed
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To overturn a conviction in a trial that has been televised, the defendant must show what?
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That the use of the electronic recording equipment made a substantial difference in the outcome of the trial.
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Are cameras barred from all federal courtrooms?
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No.
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Are broadcasters now permitted to record and televise executions?
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No.
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Reporters are routinely denied access to what?
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out-of-court settlements and records entered under a protective order.
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Are proceedings before military tribunals open?
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They may or may not be.
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