The press & public trials/ Gov't Speech Flashcards
(12 cards)
Sheppard v. Maxwell
Courts & reporting from the courtroom
Judges must controls pretrial publicity (to avoid trial by newspaper) but the courts are reluctant to allow direct limits on what can be reported from the courtroom
Can judges put gag orders on the press?
Not typically, unless they themselves are a party to the case.
Parties in general may be placed under a gag order
Do reporters have a privilege not to testefy?
no reporter privilege to refuse to testify and honor subpoenas before grand juries. Only protection is good faith investigation and relevance.
The press has no rights that the public doesn’t
May courts restrict press acess to trials?
Trial cannot be closed, there is a constitutional right to allow the public (represented by the press) to access the courts.
Limits on Gov’t speech
“Government has the same rights to free speech as you do, almost” - L.
Equal protection, Establishment clause, political establishment clause (no endorsing candidates) are some of the limits
Why arn’t license plates a limited public forum?
Because they are gov’t property
Might not be good law because of the trademarks case.
Is a gov’t created forum considered gov’t speech?
No, so content & viewpoint discrimination issues can exist
Flagpole case
Rsut v. Sullivan
Gov’t forbids doctors who get federal funds from advertizing abortion
When the Gov’t is paying for the speech they are allowed to determine the message.
Tinker
students have limited FA rights if conduct does not disrupt or invade rights of others.
When do employee’s free speech issues apply?
When they speak as a citizen on a matter of public concern they typically have FA protections unless Gov’t has a relevant justification.
Pickering
When do employees not have speech protection?
No protection for speech that is within the scope of a gov’t employees day to day duties.
Is teaching at a public UNIVERSITY gov’t speech?
No, teaching at a public university & scholarship is not Gov’t speech
