If the media that pack the courtroom become unruly and detract from the orderly procession of the trial, the Supreme Court’s decisions in Sheppard v. Maxwell and Richmond Newspapers, Inc. v. Virginia, indicate that which of the following statements is

Question

true:

Famous football star Oxford Jack Wilson is about to stand trial for murdering his brother-in-law, a man who had also served as his agent and accountant. Just before jury selection is about to begin, you are hired as a consultant to assist his legal team. You immediately offer three suggestions. Your first is that the legal defense team attempt to get as many men—preferably football fans—on the jury as possible. Your next suggestion is to make sure that the courtroom is packed with members of the media, in the hope of making Oxford Jack appear to be a celebrity. Your final suggestion is that the attorneys do whatever they can to have potentially-damaging DNA evidence excluded before trial. The lawyers get to work on immediately implementing your ideas.

a. There is absolutely nothing that the judge can do, because there is a right to a public trial and a First Amendment right to freedom of the press.
b. Although there is a presumption of openness, a judge has some discretion for excluding the press, particularly if there is a prejudicial impact on the defense.
c. A judge has a very low burden to meet in deciding when to exclude press from the courtroom, as the First Amendment rights at stake are not significant.
d. All of these statements are false

Answer 1

Answer: B