The free press/fair trial issue is a conflict between the First and a. Sixth Amendments to the U.S. Constitution
The Supreme Court has held that restrictions on the media may be imposed by judges whenever they feel they need to in the interest of protecting the defendant's rights.
Prejudicial publicity may make it difficult to find impartial jurors
During-trial publicity may taint a sitting jury
Jurors may arrive at a verdict based on any knowledge and evidence with which they have come in contact in any setting
Jurors must be totally ignorant of the facts and issues involved in a case to be considered impartial
Exposure to information about a defendant's prior convictions or to news accounts of the crime with which he is charged will make a potential juror unfit for jury duty because of assumed bias.
An unbiased juror is one who may have light impressions about the case, but which may yield to the testimony that may be offered in court
Prejudicial pre-trial publicity
Publication of Sheppard's prior criminal records
A totality of circumstances including pre-trial publicity, juror exposure to publicity during the trial, and trial disruptions caused by the media
The judge's failure to move the trial
The trial judge has responsibility for protecting a defendant's right to a fair trial
Prejudicial publicity that biases juries has been found by studies to be a factor that must be dealt with in most murder cases
Prejudicial information may be greater when it reaches jurors through the media than in court because it is not tempered by protective procedures.
Research does not clearly demonstrate that publicity affects jurors' impartiality.
Measures designed to compensate for the existence of prejudicial publicity
Measures designed to prevent prejudicial publicity
Lawyers can dismiss potential jurors even if they do not exhibit bias
Judges make the choice of jurors after questioning them without any involvement by lawyers
Both the prosecution and the defense can challenge an unlimited number of jurors on preemptory challenges
Lawyers can dismiss only a limited number of jurors on challenges for cause
There is, or is likely to be, widespread prejudicial publicity
None of the usual methods of ensuring a fair trial will work.
Each juror has been exposed to pervasive pretrial prejudicial publicity
The "gag" order will effectively stop the prejudicial publicity
Journalists can disobey judge-imposed gag orders if the orders are clearly unconstitutional without fear of being found in contempt
Journalists should obey a court gag order even if they feel it is clearly unconstitutional.
Journalists cannot be found in contempt of court for disobeying a gag order because they are protected by the First Amendment
The Providence Journal Rule will protect journalists in all federal circuits except the Fifth
An automatic violation of a defendant's Sixth Amendment rights
Inherently unfair and prejudicial to all parties
State the purpose for which they will use the information
Prove that the requesters have a "legitimate purpose" for requesting the record
Prove that they are not working for a foreign government
None of the above
Appeals to higher Department of Justice officials
Appeals to the federal courts
Appeals to the state courts in the state in which the reporter works
Has no appeal
Federal executive agencies and departments
State executive agencies and departments
All of the above
Neither publication nor newsgathering
Publication and newsgathering
Publication but not newsgathering
Newsgathering but not publication
Journalists cannot be found liable when they break promises of confidentiality to sources
The death of Princess Diana resulted in federal legislation against paparazzi newsgathering practices
Journalists can not be found liable if they enter private property with police without property owner permission
Journalists can take pictures of students on a playground from a public sidewalk.
The First Amendment guarantees press access to correctional facilities
Newsgathering activities may be restricted on government property not open for general public use
Journalists must obey orders from officials at disaster and crime scenes because their newsgathering is protected by the First Amendment.
Journalists have no right of access to executions