The 1st Amendment in Journalism

Which of the following is an exception to First Amendment

protections and could land journalists in legal trouble?

• Publishing obscenity

• Publishing the names of minors

• Publishing private facts about someone that are a matter of public concern

• Publishing classified government documents that may lead to a souring of relations between the United States and another country

From which U.S. Supreme Court case does the “legitimate

pedagogical concern” standard for regulating high school press

come?

• Hazelwood V. Kuhlmeier

• Near V. Minnesota

• Bartnicki V. Vopper

• Nebraska Press Association V. Stuart

Which statement best describes journalists’ ability to take video or

photographs in public places?

• Journalists can be sued for invasion of privacy for taking video or

  photographs of anyone in a public places, because such activities

  are considered trespassing.

• Professional journalists can take video or photographs of anyone in

  public places, but non-professional journalists cannot.

• Journalists face certain criminal charges if they take video or

  photographs of children in public

• No one has a reasonable expectation of privacy in public places, so

  anyone has a First Amendment right to take video or photographs

  of anyone else in public.

Relatively speaking, journalists have the least amount of First

Amendment protection at which stage of the journalistic process?

• Publishing

• Post-Publication

• Coming up with story ideas

• Newsgathering

Journalists do not have a special right to access

places such as prisons, crime scenes or persons’ private homes.

• True

• False

To successfully recover damages for defamation, what must a public

official or public figure do?

• Prove that the press had a grudge against him or her.

• Prove that the press gathered information negligently.

• Prove that the press published false information with reckless

  disregard for the truth or falsity of that information.

• Simply prove that the publication damaged his or her

  reputation.

The Hazelwood standard applies equally to all

public high schools across the country.

• True

• False

Which of the following scenarios could lead to an injunction (i.e. a “prior restraint”) being legitimately placed against the press to prevent publication?

• The government can prove that the information will cause

  certain, immediate and irreparable harm to life or property.

• A trial court judge has exhausted all other remedies to protect

  the Sixth Amendment rights of a criminal defendant, and her

  only remaining option to ensure those rights are protected is to

  restrain publication of prejudicial information about the

  defendant.

• A book publisher notices that a magazine has unfairly used a

  portion of a copyrighted book to write an article about the book.

• All of the above

Which statement best describes the relationship between journalists

and public records?

• a. The First Amendment requires that all records produced by

  government officials be handed over to journalists.

• b. Federal and state statutes govern which records are considered

  
  

  public and how journalists must go about requesting them.

• c. Journalists need to be careful when publishing public records

  
  

  verbatim because they could be in violation of the Copyright Act.

• d. Student journalists at public high schools are not permitted to

  
  

  access public records.