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23 Cards in this Set

  • Front
  • Back
Definition of Indecency
Referring to sexual expression inappropriate for children on broadcast radio and television
Law Professor Catharine Mackinnon argues
that sexually explicit material harms women
American society considered religious blasphemy and heresy to be more troublesome than sexual expression. T/F
T
Comstock Act
A federal law adopted in 1873 prohibiting the mailing of "obscene, lewd, or lasvivious material.
Hicklin rule
adults could be exposed only to material acceptable for the young.
Courts say material is obscene if (1,2,3) PI, SI, SV
Purient Interest, Social Importance, Social Value
Miller test remains in effect to this day. T/F
T
Miller Test (PI, SL, SLAPS)
Prurient Interest, State Law, Lacks Artistic, Political or Scientific Value.
To prrove obscenity in the media it must:
Arouse sexual lust, is "hard-core pornography", and has not serious social value.
Variable Obscenity
Material not obscene for adults may be obscene if the same material is given to minors.
Child Pornography posession and distribution is ALWAYS illegal. T/F
T
RICO laws
forbid using money earned from illegal activities - racketeering - to finance legal or illegal businesses or nonprofit enterprises engaged in interstate commerce. Violators can be imprisoned or fined.
Courts and the FCC allow broadcast radio and television stations to air indecent material when it is likely that few children will be in the audience. T/F
T
Indecency is not a synonym for obscenity, T/F
T
Indecency definition
Language or material that in context depicts or describes in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs.
The first amendment protects indecent material in __________ media because _________....
Non broadcast media, because minors can be prevented from having access.
Definition of Indecent Material
Describes sexual organs or activities or it is patently offensive.
Patently offensive considers 3 things. GN, R, S
Graphic Nature, Repeatedness of the graphic nature, Intent to shock.
Generic Pacifica Test
Same as Definition of Indecent material.
Congress allows the commission to impose a maximum fine of $27,500 per indecency incident T/F
T
Safe Harbor Policy
Stations may air indecent but not obscene material from 10 PM to 6 AM local time.
CDA made it illegal to knowingly transmit obscene or indecent messages to any recipient under 18 years of age T/F
T
State Laws preventing minors from buying or renting violent video games consistently have been found unconstitutional. T/F
T