8.3 Freedom of Press & Assembly

According to New York Times v Sullivan, when would the protected speech against a public official NOT be protected? (369)

• The newspaper’s speech would not be protected if it was made with reckless disregard for whether or not it was false.

• The newspaper's speech would not be protected if it was made in a satiric jest demonstrating artistic integrity.

• The newspaper's speech would not be protected if the public official was not employed directly by the government.

• The newspaper's speech would not be protected if the public official worked directly for the Judicial System.

How does prior restraint limit the freedom of the press?

• Prior restraint censors material before the story is published.

• Prior restraint censors material that is potentially libelous.

• Prior restraint censors material that is lewd or inappropriate.

• Prior restraint censors material that is in opposition to the government.

When does prior restraint NOT violate the First Amendment?

• When the censored story jeopardizes national security.

• When the censored story incriminates a public official.

• When the censored story delivers a racial message.

• When the censored story advocates civil disobedience.

Why did the Supreme Court allow the New York Times to publish the Pentagon Papers?

• The Supreme Court ruled prior restraint was unnecessary since the publication did not endanger national security.

• The Supreme Court ruled the Pentagon Papers demonstrated corruption that was necessary to expose to the public.

• The Supreme Court ruled the Pentagon Papers did not endanger the lives of American citizens only American soldiers.

• The Supreme Court ruled that the actions of the government did not violate the Lemon Test or the Miller Tests for censorship.

How can judges limit the freedom of the press to ensure a fair trial?

• Judges can limit media access in the courtroom and sequester the jury.

• Judges can dismiss the case and relocate the accused to ensure the safety of the press.

• Judges can place restrictions on executive privilege and Congressional power.

• Judges can overthrow the decision of the jury if he or she believes they were influenced by the press.

Why do judges use gag orders to limit the freedom of the press?

• Judges will use gag orders if they do not believe a fair trial is possible given the media attention.

• Judges will use gag orders if they believe the testimony of the press endangers the life of the accused.

• Judges will use gag orders if they believe the testimony of vital members of the press need to be anonymous.

• Judges will use gag orders if people involved in the trial have created conflict in the courtroom.

How do shield laws help ensure the freedom of the press?

• Shield laws help protect the anonymity of anonymous sources used by the press.

• Shield laws help protect the validity of the press by ensuring the media has used high standards.

• Shield laws help protect people involved in high profile cases from the paparazzi.

• Shield laws help protect government officials who broke the law simply by following orders.

Why have courts supported the requirement of permits for public demonstrations and assemblies?

• to provide for public order and safety

• to determine the appropriateness of the demonstration

• to censor unpopular demonstrations

• to ensure fairness and equality for those choosing to demonstrate

Why have courts limited public demonstrations near state and federal government buildings?

• to allow the government to conduct its daily business

• to protect individual's right to practice freedom of speech

• to preserve the economic interests of nearby businesses

• to allow private citizens access to nearby public transportation

How may the Heckler's veto create a Constitutional dilemma for the government?

• The government can be forced between protecting the First Amendment rights and ensuring public safety.

• The government can be forced between allowing freedom of speech and promoting seditious language.

• The government can be forced between protecting government buildings or private businesses.

• The government can be forced to slap injunctions on law abiding citizens for being associated with the demonstration.