Media Law 9 (Final Test) Obscenity Cont.

Front 1

(POSSESSION OBSCENE MATERIAL)


Stanley vs GA

Back 1

-police go to Stanley's home and find material that is considered obscene.
- goes to the supreme court and the GA law gets voted unconstitutional.
Thurgood Marshall says " If the 1st Amendment means anything, it means that a state has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch."

Front 2

(POSSESSION OBSCENE MATERIAL)

Osburn vs Ohio

Back 2

-Child porn
- Attempts to argue Stanley v Georgia (unsuccessfully)
- remember chain rule here: stop people from buying and ultimately stop kids from being subject to this type of abuse.
-Osburn loses.

Front 3

(POSSESSION OBSCENE MATERIAL)

What are Variable Obscenity laws?

Back 3

there are age distinctions made in regard to porn

Front 4

(DISTN OBSCENE MATERIAL)


NY vs Ferber

Back 4

- child porn sting.
- Ferber says: C'mon, I am a small player in this. Court says, so what, you are a player.

Front 5

(DISTN OBSCENE MATERIAL)


American Booksellers vs Hudnut

Back 5

-Indianapolis says no violent porn in the city. The mayor is pressured by womens groups etc. (citing that it makes women like second class citizens, ultimately taking their rights away.)
- Attack on FOP, Mayor Hudnut loses.

Front 6

In 1873 ______________ got the Anti obscenity law passed that would allow for mail to be monitored at the post office.

Back 6

Anthony Comstock

Front 7

(POST OFFICE CASES)

Rowan vs Post Office

Back 7

- Rowan mails material
- people don't like it, maybe they get it on accident.
-Post office wins, you must balance the rights of the sender as well as the rights of the receiver.

Front 8

(POST OFFICE CASES)


Jacobson vs US

Back 8

-Farmer in Nebraska gets mailings to his house and doesnt respond to them.
- on the third time he orders some boy on boy action.
-They arrest him and the US loses on entrapment.

Front 9

(ZONING CASES)

Keego Harbor vs Keego harbor co

Back 9

-a local law is in place that says that a dirty bookstore cant be within 500 feet of a church, school or Bar.
- problem: there is no place in town like that.
- Court strikes down the law.

Front 10

(ZONING CASES)

Zoning 3 part test:

Back 10

1. Did it prohibit or significantly reduce their operation
2. prove that the law would have significant adverse effect to the community (property value etc)
3. Narrow scope.
NIMBY!
3.

Front 11

General Media vs Cohen

Back 11

-Cohen is the Sec of Def under Clinton and he makes a law that no porn will be sold on base.
- General Media sues and loses.

Front 12

(ENTERTAINMENT)

Ernozniki vs Jacksonville

Back 12

-no sex scenes in outdoor theater law
- court strikes down
- Narrow scope: " accomplishing a little amount by taking such big action

Front 13

(ENTERTAINMENT)


What is the PMRC and who initiated it?

Back 13

-Parents Music Resource Center
- Tipper Gore

Front 14

(ENTERTAINMENT)


Luke Records vs Nevarro

Back 14

" Nasty as You wanna be"
- Luther Campbell
- 2 live crew wins

Front 15

Child Porn Prevention Act

Back 15

-1996: was a United States federal law to restrict child pornography on the internet, including virtual child pornography.
Struck down for being too broad.

Front 16

Alexander vs US

Back 16

-Alexander is a millionaire off pushing smut.
-Used RICO laws to bring him down. -He tried to fight it but lost

Front 17

Ft Wayne Books v Indiana

Back 17

-Go in undercover, buy the obscene material and close the doors. They charge the owner of the store.
-The owner wins the case. They took over the stores before he was convicted, it was before the process of a trial and conviction.

Front 18

Tax certificate Program case:

Back 18

Metro Broadcasting vs. FCC:
in attempt to promote minority ownership, the more you sell it for, the more you have to pay in capitol gains taxes, if you sell it to the minorities, you don’t need to pay the taxes

Front 19

(FAIRNESS DOCTRINE)



Red Lion Radio vs FCC

Back 19

They run a taped program every Sunday (religious). Hargous referred to communism as a godless political philosophy. He wanted to defeat atheistic communism. A part of the tape, Hargous criticizes a book that is anti-law enforcement. Cook was indirectly supporting communism. Cook demands a chance to give his side of the story. The radio station says no. Cook complains to the FCC. They file suit to force the radio station to air a tape of cook giving his version of the book. It goes to the supreme court. The court votes to uphold the fairness doctrine.

Front 20

(FAIRNESS DOCTRINE)



Banzhaf vs. FCC

Back 20

Banzhaf is a professor. Cigarette companies give you reason to buy their brand, he wanted someone to come on and warn people about the health hazards. The FCC said the fairness doctrine doesn’t apply to advertising.

Front 21

WNCN Listeners vs. FCC

Back 21

Classical music station changes their format and pisses of their listeners. The FCC is in favor the radio station changing their format

Front 22

(Foreseeable Harm)


Weirumu vs. RKO Radio

Back 22

Contest: the first person to find the announcer wins. Guy says he knows where he is, drives fast to get to him and flips his car and dies. The family sues for responsibility for harm. The radio station lost

Front 23

Children Programing (1990 children’s TV act)

Back 23

-To keep your license you have to prove that your doing children’s programming, educational
-Stations would send in renewal packages saying that they had been playing cartoons, but they said that cartoon aren’t educational. Its not up to Washington to decide what is educational
-Advertising during children’s programs, the law said no more than 10 minutes of commercials per hour during a children’s program

Front 24

FCC vs Pacifica

Back 24

i. Pacifica does “societies attitude toward language”. They start with George Carlin’s 7 dirty words. They wanted to start a conversation about the FCC language restrictions. Some people called the FCC to complain about Pacifica. “interference of Freedom of the Press”. Goes to the supreme court. The court votes for the FCC and to uphold the indecency rules.

Front 25

FCC vs. Fox Broadcasting

Back 25

iChristine craft worked for metro media. She lost her job and sued because she felt she was fired for gender discrimination. The stationed fired her, and wrote a book, “Too old, to ugly, not deferential to men”.
-Metromedia wanted to give her a gag order so she cant go talk to women’s groups and raise money for lawyer funds. She said that all they want to do is stifle her income for lawyers. She won, it was appealed, then Metromedia won.