Youngstown Publishing v. McKelvey
Mayor said city employees couldn't speak with reporters from a journal. The journal sued for right of access under the first amendment. Judge ruled that the right of access is above that of the general public, so they weren't allowed access.
Freedom of Information Act
Freedom of Information Act, requires disclosure of all governmental information unless exempt under Act.
What is an agency? EXECUTIVE branch.
Any executive department, military, gov corporation, gov-controlled corp or other establishment in the executive branch of government (including the exec office of the president), or any independednt regulartory agency.
Record created or obtained by agency and under agency control.. Possess the document (created/or official duty possession) it is. If the agency doesn't possess or control it, it isn't.
Nine FOIA Exemptions
1. National security matter 2. Housekeeping materials 3. Material exempted by statute 4. Trade secrets 5. Working papers/lawyer-client privileged materials 6. Personal privacy files 7. Law enforcement records 8. Financial institution materials 9. Geological data
National security, Housekeeping, materials exempted by statute, trade secrets, working papers/lawyer-client, Personal privacy files, Law enforcement materials, Financial institution documents, Geological data
Associated Press v U.S. Dept of defense
Exemption 1 - National security: It could increase retaliation risk and reduce cooperation. Exemption 6 - Didn't stop release of height and weight. It was needed to assess the hunger strikes.
3 FOIA goals
Accept, respond to and process requests for info. 2. To limit sharply the ability of beaurucrats to deny access to official records. 3. To make the gov acountable for its non-disclosure decisions.
That justice system can function
Persons must obey even unconstitutional contempt orders until reversed.
Collateral bar rule is the same thing as what?
Contempt of court
Disrupting the court. Elizabeth smart thing?
Put you in jail, fine you daily etc until you comply with the court.
Sarasota Herald-Tribune v. State
Voided court order. The order was that all trial participants and jurors be kept secret (names, photos etc). Couldn't meet the Nebraska Press Association test. Judge failed to consider alternatives to the prior censorship. Court order too broad as well.
Example of Nebraska Press Assoc Test?
Florida District Court of Appeals - Murder case. Voided order to supress info about jurors.
Nebraska Press Assoc case similar to which case?
Whats a test used to evaluate whether a restrictive order that limited the press would pass first amendment scrutiny?
Nebraska Press Test
Nebraska Test (3 parts)
Intense/pervasive publicity, no other alternative, will it effectively prevent prejudicial material from reaching potential jurors
Prevents participants in a trial from speaking about a case or that stops publications and broadcasting stations from reporting a certain aspect.
Big case in preventing prejudicial publicity that can lead to an unfair trial?
Sheppard V. Maxwell
Sheppard V Maxwell
Pregnant wife murdered. Convicted and 12 yrs later reopened for a fair trial. Too much publicity prejudicial.
Two different restrictive (gag) orders? What case?
1. Trial participants 2. Press. Sheppard
Press Enterprise Test what subject?
Proceeding and documents open to the public?
Press Enterprise Test
Overriding interest harmed if proceeding remains open? 2. prove to the court that if the hearing or document is open to the press, there is a substantial probabilty that the interest will be harmed.
More to the Press Enterprise
Judge looks at other alternatives, Narrowly tailor the decision for minimum influence on press, and keep a record of it.
Bryant vs Colorado
Shield Statutes. Colorado shield statute made it so the rape victims name wasn't released. HARD to do.
Government in sunshine act - also called?
Federal open meeting law
Gov in Sunshine Act is what?
Reaches 50 agencies in the exec branch. Members are not allowed to hold secret meetings unless they will discuss material that falls into one of 10 categories. Mirror the FOIA exemptions
What does the Gov in Sun Act include beside exemptions?
Provision that permits closed-door meetings to discuss attempts to arbitrate or adjudicate certain cases or problems.
Privacy Act of 1974
Checks misuse of personal data obtained by fed gov. 2nd - Law is intended to provide access for individuals to records about themselves.
Greentree vs. Customs Service
Judge wald wrote that the privacy act contains congressional mandate that the privacy act not be used as a barrier to FOIA access.
FOIA and Privacy act, which trumps?
FOIA wins. Privacy act is intended to protect the individual, not the government.
Injustice to person when someone fails to keep a promise
Promissory estoppel prevents what?
Clear promise, induce reliance on it, relied to detriment promise enforced.
Promissory estoppel - for the plaintiff to succeed
Good case for promissory estpoppel?
Statutory protection offering reporters some protection in revealing identities
Shield laws more helpful for journalists in what? civil or grand jury
3 parts. investigative reporting involvement? Gathering news? Possess intent at beginning to disseminate info?
re madden test
Authors of books are journalists and so are blogger..... What?
Civil: coercive. Make them talk. Criminal: punish them and make it known for those to come after.
civil vs. criminal contempt
1st - guaranteed right to a free press. 6th - right to fair trial. Published pretrial and make them change their minds. Interfere wit each other?
Two controversial rights clash. What?
UofWisconsin study. Overblown. Lack of evidence
Impact on jurors is real with media coverage prior.
No one claims that all reporting about crime is a problem. Saturation of stories becomes a problem
media reports and jurors?
Only 8 out of 430 jurors could do it fairly. Supreme Court overturned. Impartiality
Irvin v. Dowd
Mind free from dominant influence of knowledge.
Mind free from dominant influence?
Impartial and indifferent but not ignorant. (Juror, which case?)
Jurors actually have a fixed opinion? Not the community outlook....
Which case did gag orders come from?
Extent of a judge's gag order power on the press.
Gag order power on the press is limited by three prongs of Nebraska Test
Prior restraint is a last resort. Judge's responsibility to ensure a free trail..
Judge's duty according to the Sheppard case.
1. Intense publicity present 2. No other alternitive measure to mitigate the pretrial 3. Effectively prevent prejudicail material from reaching the jurors.
Three prongs of the Nebraska Test
Voire dire, change of venue, veniremen, continuance, admonition, sequestration, gagging participants, in-court rules for journalists
Prong 2 in Nebraska test involves the consideration of 8 possible sheppard mandates. What?