Comm Law Final Exam Pt 3

Front 1

Ginzburg v. U.S. (1966)

Back 1

Ginzburg tried to mail his publications from suggestively named post offices
he was pandering his business
Court affirmed obscenity conviction on basis of his conduct, not if the material was actually obscene

Front 2

Ginsberg v. New York (1968)

Back 2

Court upheld conviction of Ginsberg selling obscene material to minors
established concept of "variable obscenity"

Front 3

Miller v. California (1973)

Back 3

Marvin Miller conducted mass mailing campaign to sell adult material
Court disavowed nationally uniform community standards and wrote new standard for obscenity

Front 4

Miller standard

Back 4

"An average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; the work depicts or describes, in a patently offensive way, sexual conduct, and the applicable state law specifically defines what depictions or descriptions are prohibited; and the work, taken as a whole, lack serious literary, artistic, political, or scientific value."

Front 5

Stanley v. Georgia (1969)

Back 5

Stanley arrested for having obscene films in his home
Court ruled that First Amendment allows obscene material in the privacy of a house

Front 6

Osborne v. Ohio (1990)

Back 6

mere private possession of sexually oriented materials involving children can be prosecuted

Front 7

Young v. American Mini-Theatres (1976)

Back 7

Court ruled that cities can control time, place, and manner of adult entertainment, including zoning rules

Front 8

Erie v. Pap's AM (2000)

Back 8

Court held that ordinance banning nude dancing was not unconstitutional on the basis of secondary effects

Front 9

U.S. v. American Library Association (2003)

Back 9

Court upheld Children’s Internet Protection Act (CIPA)
CIPA: directed FCC to install Internet filters on school and library computer
Congress has power to attach conditions to recipients of federal aid

Front 10

FCC v. Pacifica (1978)

Back 10

comedian’s monologue on seven filthy words
Court employed a definition of indecency: "language or material that, in context, depicts or describes, in term patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs"

Front 11

FCC v. Fox Television (2009)

Back 11

Court upheld banning fleeting expletives

Front 12

Fairness Doctrine

Back 12

requires broadcasters to keep their public affairs programming reasonably balanced
upheld in FCC v. Red Lion (1969) when Court said First Amendment rights of the general public took precedent over broadcasters’
overturned in Miami Herald v. Tornillo (1974)

Front 13

copyright

Back 13

protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture
must be in a fixed, tangible medium
does not protect facts, ideas, systems, or methods of operation, but may protect the way these things are expressed

Front 14

fair use

Back 14

purpose and character of the use
nature of the copyrighted work
amount and substantiality of the use
effect the use will have on the value

Front 15

infringement

Back 15

original owner has valid copyright
substantial similarity
access to original work

Front 16

Campbell v. Acuff-Rose Music Co. (1994)

Back 16

2 Live Crew parodied Roy Orbison’s Oh, Pretty Woman
song had sufficient transformative value for fair use

Front 17

Community for Creative Non-Violence v. Reid (1989)

Back 17

sculptor was hired to create statue for CCNV, but he claimed copyright
if the creator of a work is an independent contractor, he/she is entitled to the copyright

Front 18

Art Rogers v. Jeff Koons (1992)

Back 18

photo of couple holding puppies v. sculpture
sculpture found to be infringement because it was too similar
did not qualify for parody