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Front 1

Miller v. CaliforniaObscenity Test 1973

Back 1

Is the material patently offensive? Is it strongly objectionable?
Does the material appeal to the prurient interest? Is it sexually arousing?
Does the material have redeeming social value?

Front 2

Stanley v. Georgia

Back 2

right to keep obscene materials at home

Front 3

Communications Decency Act of 1996

Back 3

Banned obscene, patently offensive, indecent acts

Front 4

The Hicklin Rule (pre-1957)

Back 4

A work is obscene if it has a tendency to deprave and corrupt those whose minds are open to such immoral influences and into whose hands it might fall

Front 5

Roth-Memoirs Test (1957)

Back 5

appeal to the prurient interest in sex
The material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters

Front 6

Miller Test

Back 6

An average person, applying contemporary local community standards, finds that the work, taken as a whole, appeals to prurient interest

Front 7

Variable Obscenity Statutes

Back 7

The U.S. Supreme Court has ruled it is constitutional to ban the sale of material to juveniles that is legally distributed to adults

Front 8

The U.S. Supreme Court in New York v. Ferber (1982)

Back 8

ruled that the Miller test does not apply to child pornography

Front 9

Communication Decency Act (1996)

Back 9

Made it a crime to transmit indecent material or allow indecent material to be transmitted over public computer networks

Front 10

1942 Valentine v. Chrestensen

Back 10

high court: “no” to constitutional protection for ads

Front 11

1964 Times v. Sullivan

Back 11

“yes” to protection for political ads

Front 12

1975 Bigelow v. Virginia

Back 12

(abortion ads) “had to be a compelling state interest before ban could be instituted on the ads

Front 13

1976 Virginia Pharmacy v. V. Citizen Consumer Council

Back 13

“okay to advertise drug prices”

Front 14

1980 Central Hudson v. Public Service Commission

Back 14

established a four-part test to be used in advertising regulation

Front 15

Regulating Advertisement 4 part

Back 15

Is material eligible for First Amendment protection?
Does government have substantial interest in regulating it ?
If so, then does it directly advance the government interest asserted?
Is it sufficiently narrow?

Front 16

FTC 1914

Back 16

Requiring advertisers to substantiate the accuracy of their claims

Front 17

Constitution of 1789

Back 17

Gives Congress the power to: promote the Progress of Science and useful Arts by securing for limited times to authors and inventors the exclusive right to their Writings and Discoveries

Front 18

Music License

Back 18

Music publishing firms own copyright to music
Music licensing agencies collect copyright fees from broadcasters, performers,

Front 19

Fair use depends on

Back 19

Nature of work
Effect upon market
Public interest

Front 20

Four Main Functions of Trademarks

Back 20

They Identify sellers goods and distinguish them from the goods of others
They signify that all goods carrying the trademark come from a single source.
They certify that all goods bearing the trademark are of an equal level of quality.
They serve as a prime instrument in advertising and selling goods.

Front 21

The Radio Act of 1912

Back 21

was brought about in response to the Titanic Disaster

Front 22

1927 Radio Act:

Back 22

Set up temporary FRC to bring “order to the airwaves”

Front 23

Radio Act of 1927

Back 23

established the concept of “public interest, convenience, and necessity”
It also banned government censorship of radio

Front 24

1934 Communications Act:

Back 24

set up the FCC, a permanent agency to regulate broadcasting “in the public interest”

Front 25

1996 Telecommunications Act:

Back 25

allowed for concentration of ownership in RTV and allowed competition among cable, phone, and Internet Companies

Front 26

FCC

Back 26

Regulates all electronic communications except Military
Determine power and location of stations
Make rules and regulations necessary to carry out the regulation of broadcasting

Front 27

FCC

Back 27

5 Members – 5 year staggered terms
3 from one political party

Front 28

FCC Action

Back 28

Letter of reprimand
Cease and desist order
Forfeiture or fine
Short-term renewal
Non-renewal or revocation of license

Front 29

The Supreme Court ruled in FCC v. Pacifica (1978)

Back 29

that a radio or TV station could be punished for broadcasting indecent material

Front 30

1996, Congress

Back 30

V-chip

Front 31

Candidate Access Rule

Back 31

broadcasters must allow candidates for federal office access to or the purchase of airtime

Front 32

Equal Time Rules –

Back 32

if a broadcasting station permits one legally qualified candidate for any elective public office to use its facilities, it must afford an equal opportunity for all other legally qualified candidates for the same office

Front 33

1992 Cable Television Consumer Protection and Competition Act:

Back 33

Local governments are given the primary responsibility to regulate cable systems in their communities
Local governments may issue franchises, collect franchise fees, and renew franchises