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27 Cards in this Set
- Front
- Back
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Chaplinsky v. NH
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-1942
-called city marshal a fascist in a public place -the right to free speech is not absolute -fighting words never had 1st amendment protection -this case placed "lewd and obscene" speech that is considered of such slight social value as to not warrant protection |
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Indecency
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word used to describe various sexually materials that meet some, but not all, components of unprotected obscene speech.
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Obscenity
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Making something that is private for a wider public which the average person would find outrageous
-unprotected speech depicting sexual content that an average person could find devoid of artistic or other merit |
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Comstack Act
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postmaster who confiscated mailings of aphrodisiacs, contraceptive devices, books and photos
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Hicklin Rule
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-british case that deemed an entire work obscene if only one small passage deemed obscene
-no consideration of work as a whole -U.S. judge John Woosley rejected U.S. customs attempt to prohibit importing of James Joyce's Ulysses on obscenity grounds, which abandoned the Hicklin Rule |
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Butler v. Michigan
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-1957
-U.S. Supreme Court unanimously declared unconstitutional a Michigan Statute banning books "tending to the corruption of the moral youth -too restrictive because it reduces adult population to read only whats fit for children |
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Roth v. United States
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-1957
-Samuel Roth found guilty by judge for mailing obscene advertising material and violating the comstock act. -decision upheld by both the court of appeals and Supreme Court -Justice Brennan (majority) said that obscenity violated 1st amendment because its both useless and sexually lewd -1st time that the courts said that the comstock's acts obscenity provisions were unconstitutional |
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Roth TEST
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1. Must consider the work as a whole
2. Consider the average consumer with contemporary community standards 3. Work must be utterly without redeeming social value or importance 4. Must appeal to one's purient interests |
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Jacobellis v. Ohio
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-1964
-Cleavland Theater manager found guilting for possessing and showing an obscene film on the grounds that it had one sex scene -Supreme Court reversed conviction -Justice Stewart could not come up with a working definition of obscenity so he said "I know it when I see it" |
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Memoirs v. MA
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-1966
-State censorship of John Clelands novel Memoirs of a woman of pleasure or Fanny Hill was unconstitutional -Supreme Court said it was protected because it had some literary value |
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Miller v. CA
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-Marvin Miller convicted for distributing advertising brochures contained explicit sexual illustrations
-Judge asked jury to evaluate the prurience of the materials according to the state standards instead of national -Miller appeal to the Supreme Court, and Justice Burger used the case to revise the Roth Test -He discarded the "utterly worthless" requirement and defined contemporary community standards to mean state and local standards |
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SLAPS Test
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Work must be lacking in serious scientific, literary, artistic, political value
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Stanley v. GA
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-small time bookmaker raided for gambling charges, but they find porn in his house.
-ruled he could watch obscene stuff in private as long as he didn't transport, distribute, or mail it |
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RICO Act
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-triggered by selling obscene works twice in ten years
-large fines, 20 years in jail, forfeiture of assets |
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Feber v. NY
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-1982
-Feber convicted of distributing child porn -rule of law: child porn is obscene no exception |
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Osborne v. NY
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-Osborne convicted of possessing child porn at home
-no SLAPS test needed because child porn= child abuse |
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Communications Decency Act
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-1996
-illegal to transmit obscene or indecent materials via tellicommunications knowing reciepient is under 18 -deemed unconstitutional in Reno v. ACLU -first notable attempt by Congress to regulate porn on the internet |
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Reno v ACLU
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-Content-based blanket restriction on speech is overly broad by prohibiting protected speech as well unprotected speech, such a restriction is unconstitutional
-Supreme Court ruled that regulating broadcast media can't apply to other media and not the internet |
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Child Online Protection Act (COPA)
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-1998
-federal law that prevents collection of data on children under 13 without consent of the parent -reference to contemporary community standard -ruled unconstitutional before going into effect -difficult standard for the internet |
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Young v. American mini-theaters
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-1976
-Supreme Court decision prohibiting adult establishments from being 500 feet within a residential area |
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Cases involving FCC intervention
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-Student run WUHY runs a Jerry Garcia interview with "s" and "bomb" in 1970, fined and given a cease-and-desist order
-Sonderling and topless radio--> forum had a topic about oral sex, fined $2,000 -Pacifica Case |
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Pacifica Case
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-Following Young v. American Mini-Theaters, the FCC looked at zoning/ moving content away from parks frequented by children
-the landmark, often-cited example was the Pacifica Foundation case in which George Carlin's filthy words monolgue was aired at 2 p.m. |
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Four Reasons to Treat Broadcast Different Than Print
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1. access by unsupervised children
2. because sets are at home, privacy interests are entitled to extra deference 3. people may tune in without warning of offensive language 4. scarcity of spectrum required that government to license in public interest |
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Howard Stern
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-Led to a 24 hour indecency ban in 1987
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Safe Harbor
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-24 hour indecency ban deemed unconstitutional in action for Children's TV v. FCC in 1995
-FCC re-adopted a safe harbor from 10 p.m.- 6 a.m. that allows indecent, but not obscene material |
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V-chip Statute
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-all new TV sets 13" or larger must have a v-chip that allows a viewer to block shows with objectionable content ratings within the Telecommunications Act of 1996
-Then there was a TV rating system |
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FCC guidelines for filing a case
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1. a full or partial tape/ transcript or signifiant excerpts of the program
2. the date and time of the broadcast 3. call sign of the station involved |
