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103 Cards in this Set

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Is morality a legitimate basis for legislation?
Boston Beer Co. v. Massachusetts (1878)
U.S. Supreme Court said "yes," in keeping w/public morals and good order.
What is Fornication?
Sexual relations between unmarried persons.
Is fornication a crime?
It was in the past. Some states removed these charges.
In Idaho in 1996 criminal fornication charges were brought against young teenage pregnant girls. This was controversial as no charges were brought against those who did not become pregnant.
What is adultery?
Sex between a male and female and at least one of whom is married to another individual; but state must prove that you knew the other person was married.
Is morality a legitimate basis for legislation?
Boston Beer Co. v. Massachusetts (1878)
U.S. Supreme Court said "yes," in keeping w/public morals and good order.
What is Fornication?
Sexual relations between unmarried persons.
Is fornication a crime?
It was in the past. Some states removed these charges.
In Idaho in 1996 criminal fornication charges were brought against young teenage pregnant girls. This was controversial as no charges were brought against those who did not become pregnant.
What is adultery?
Sex between a male and female and at least one of whom is married to another individual; but state must prove that you knew the other person was married.
Regarding adultery, list three rationales for offenses that move beyond religious dogma?
(1) To avoid disharmony in family relationships; (2) to prevent illegitimate births (no rights to property or inheritance); and (3) to prevent the spread of STDs.
What is seduction?
When a male obtains sexual intercourse from a virtuous female on the unfulfilled promise of marriage. The promise has to be absolute and precede the act of intercourse.
What is incest?
Sexual relations between people who are related within certain degrees of kinship.
What is consanguinity?
It means you are blood related.
What is affinity?
It means you are related through marriage.
Why not allow incest to occur?
- health reasons
- jealousy & disharmony in
families
- tracing ancestory results
difficult
What is Bigamy?
When someone marries someone and they were already married; you must also have known that the other person was married.
Reynolds v. U.S. (1878)

What is this case about?
Freedom of religion issue. The S.Ct. ruled that this is not protected under the First Amendment. "A religious belief cannot be made a justification for the commission of an overt act made criminal by the state."
What is polygamy?
A person having more than one spouse where it is LEGAL to have more than one spouse.
It is NOT LEGAL in the U.S.
In what states in the U.S. are there polygamy groups?
Arizona and Utah.
What is sodomy?
Oral and anal sex. Up until 1961 all states had sodomy statutes. Vast majority referred to both homosexual and heterosexual behavior; a minority of states made it illegal for only same-sex behavior.
Bowers v. Hardwick (1986)
This is a Georgia case that challenged the sodomy laws. It involved 2 males. In this S.Ct. decision, the Court upheld the GA sodomy statte as applied to HOMOSEXUAL behavior, it did not address HETEROSEXUAL behavior.
Wasson v. Commonwealth (1992)
This is a Ky. Supreme Ct. case wherein it was ruled that it was unconstitutional for the state to enforce sodomy statutes that applied to only homosexual behavior because (1) it violates one's right to privacy, and (2) it violates equal protection clause of state constitution because it only applied to homosexual behavior.
Sodomy Law in Georgia (1998)
The S.Ct. ruled that GA's sodomy law was unconstitutional re: right to privacy. Michael Bowers, former attorney general, fired a lesbian because she violated the sodomy law when she had a commitment ceremony. Bowers had an affair at the same time he fired the lesbian.
Lawrence & Garner v. Texas (2003)
Texas had a sodomy statute that applied only to homosexuals. S.Ct. ruled the statute unconstitutional as it does not matter whether the persons are homosexual or heterosexual.
What is indecent exposure?
Lews and lascivious conduct. Involves intentionally exposing one's privates in public. Exposure must be done willfully and in an offensive manner.
Barnes v. Glen Theatre (1991)
Indiana case involving nude dancing. The S.Ct. upheld IN law that required dancers to wear g-strings and pasties.
Roth v. United States (1957)

Is obscenity protected speech?
The S.Ct. said that obscenity is NOT constitutionally protected speech. "It is utterly without redeeming social importance."
What determines whether something is obscene?
To the average person applying contemporary community (nationwide) standards, the dominate theme of the material taken as a whole applies to the prurient interest.
Jacobellis v. Ohio (1964)
The S.Ct. was reviewing a video as to whether it was obscene. Justice Stewart said "I know it when I see it." This proved that it is difficult to determine what is obscenity.
Miller v. California (1973)

** Landmark case **
S.Ct. ruled that states may ban materials deemed obscene if the "3 part" conditions are met: (1) avg. person applying contemporary community [local] standards would find that the work taken as a whole appeals to the prurient interest; (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (3) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Paris Adult Theatre 1 v. Slaton (1973)
The S.Ct. said states may challenge obscene material even it it is only shown to consenting adults.
New York v. Ferber (1982)
Case involving child pornography. Is it protected speech? S.Ct. rled that production and distribution of child porn is NOT protected free speech. The court said that the 3 standards in Miller DO NOT apply here. Reason: children are harmed in the initial acts associated w/child porn, but also further harmed by the permanent record of the acts.
Osborne v. Ohio (1990)
S.Ct. ruled that the possession and viewing of child porn is NOT constitutionally protected speech or activity.
Renton v. Playtime Theatres (1986)
S.Ct. said that although municipalities cannot ban adult theatres, they can use zoning regulations to restrict them to remote areas. This does not restrict free speech, but does help reduce secondary effects.
Ashcroft v. Free Speech Coalition (2002)

** IMPORTANT CASE **
This case challenged the Child Pornography Protection Act of 1996. This Act expands the federal prohibition on child pornography to include not only pornographic images made using actual children, but also any visual depiction that is or appears to be of a minor engaging in sexually explicit conduct and any sexually explicit image that conveys the impression it depicts a minor engaged in sexually explicit conduct. The Act also prohibited adults being portrayed as children.
** The court ruled the Act was unconstitutional. There was no support for Ferber (child is harmed & a permanent record) for this law as there are no children in this case. Also, there was no support for Miller (3 standards must be met) for this law.
Roth case vs. Miller case

What is the difference?
In the Roth case, the standards were "national," and in the Miller case, the standards were "local community."
What are potential ways that society benefits from pornography?
- Money
- Provides jobs
- Outlet for some people
(masturbation)
- used in couples therapy
- instructional, people learn
about sex
- it might be a way for guys
who can't get a girlfriend
What are negative aspects of pornography?
- exploitative of women
- oppressive
- portrays women in
subordinate status
- physical v. emotional
attachment
- rape myth (women like it)
- low self-esteem
- morality issues
How far back is there proof that pornography exists?
There are drawings dating back to the Ice age.
What does "BCE" mean?
Before common era. Some people say "before Christ."
What does "CE" mean?
Common era. Some people say this istead of AD (after death of Christ).
Karma Sutra
It was written in the 5th-6th century of the common era, and is further proof that pornography has been around for a long time.
According to McConahay (1988), what percentage of people see porn as a major problem?
4-7%
When and in what state did McConahay conduct his polls and what was the nature of the polls?
In California in 1983 & 1986, he asked "What do you think is most problematic -- violent street crime, business crimes like price fixing, importing and distributing cocaine, illegal gambling, or selling pornography?"
In McConahay's 1983 survey, when asked what should be the penalty for the crime of pornography, what percentage chose porn and what was the suggested penalty?
4.6% recommended the death penalty.
In McConahay's 1986 survey, when asked what should be the penalty for the crime of pornography, what percentage chose porn and what was the suggested penalty?
1.6% recommended the death penalty.
In a 1985 Newsweek gallup poll, what percentage of the total sample had rented or purchased a porn video in the preceding year?
9%
In a 1985 Newsweek gallup poll, what percenetage of those who owned a VCR had rented or purchased a porn video in the preceding year?
40%
In a 1985 Newsweek gallup poll, what percenetage of those thought community standards regarding the sale of sexually explicit material should stay the same or be less restrictive?
52%
In a 1985 Newsweek gallup poll, what percenetage of those thought community standards regarding the sale of sexually explicit material should be more restrictive?
42%
According to McConahay, what are the three philosophical positions regarding pornography?
Traditional/Conservative - people of this position view sex as a beautiful sacred act that takes place in the confines of marriage. Views porn as problematic as it leads to activities that violate the sacredness of sex. Examples: lust, maturbation, fornication, adulteration, and lustful thoughts.

Libertarian perspective - oppose governmental interference in people's personal lives, "live and let live" attitude. They believe that a ban of porn is more harmful and injurous to society.

Feminist perspective - divided opinion. Majority see it as oppressive, dehumanizes women and is harmful (subordinate and suppressive). Minority of Feminists believe that women should be able to make up their own mind.
According to McConahay, how has technology changed the history of pornography?
* Mid 15th century -
printing press. There had
been hand written
pornographic writings
previously.
* 1832 Louis DaGuerre -
photographic process or
film.
* 1915-1920 - 2 major films:
A Free Ride; The Casting
Couch. Earliest porn films
showing intercourse.
* 1920s - 16mm technology
available. Less expensive
to make porn videos, but
most people did not have
media to play films.
* 1930s-1940s - actors were
not very attractive; movies
rarely showed fallito and
virtually never depicted
cunnilingus.
* 1960s-1970s - 8mm
technology became
available and was
reasonably priced. It was
not widely available. Film
had to be sent off to be
developed.
* 1980s - VCR became readily
available. HUGE impact on
availability of
pornographic material. Now
you can purchase/rent porn
videos in the privacy of
your own home.
* 1988 - Internet. HUGE
impact.
* NOW - digital video
cameras and digital
cameras available so
people can make their own
porn videos/pictures of
themselves.
According to McConahay, what are the three myths about contemporary porn?
(1) Porn is more violent in 1988 than in 1970. More porn is out there, but violence has NOT increased.
(2) Snuff Films. Films that depict that a woman is raped, sexually assaulted, then killed for someone's enjoyment. There is little, if any, proof that such films exist.
(3) Child porn is on the rise. One could probably find it if you really tried hard.
What is the Brod (1988) article about?
Pornography and the Alienation of Male Sexuality. It talks about what men learn about male sexuality from viewing male pornographic videos.
In McConahay's 1983 survey, when asked what should be the penalty for the crime of pornography, what percentage chose porn and what was the suggested penalty?
4.6% recommended the death penalty.
In McConahay's 1986 survey, when asked what should be the penalty for the crime of pornography, what percentage chose porn and what was the suggested penalty?
1.6% recommended the death penalty.
In a 1985 Newsweek gallup poll, what percentage of the total sample had rented or purchased a porn video in the preceding year?
9%
In a 1985 Newsweek gallup poll, what percenetage of those who owned a VCR had rented or purchased a porn video in the preceding year?
40%
In a 1985 Newsweek gallup poll, what percenetage of those thought community standards regarding the sale of sexually explicit material should stay the same or be less restrictive?
52%
According to Brod (1988), what is objectification of the body?
- genital, performance oriented (men shown to be large in size)
- performance anxieties (comparisons is reason)
- desensitizes other areas of the body
According to Brod (1988), what is loss of subjectivity?
- pornographis sex is free of demands of emotional intimacy and commitment. Men need intimacy but are trained to deny it. Also, they are conditioned to get physical affection and intimacy primarily or exclusively in sexual terms.
- look to sex to fulfill non-sexual needs. Leads to disappointment or frustration.
According to Brod (1988), what is porn's image of male sexuality?
It works to the detriment to men personally.
According to Brod (1988), what is porn's image of female sexuality?
It benefits men as a group. Why? Because the image reinforces the power of patriarchy.
According to Brod (1988), he compares porn vs. erotica, how?
He sees porn and erotica on two ends of the pendelum. He distinguishes porn and erotica by saying it is:
- NOT assertiveness v. passivity of the persons;
- NOT sexual acts;
- It is by the extent to which autonomous personhood is attributed to those involved;
- Erotica is sexual art, expresses one's self; and
- Porn is a sexual commodity, markets a self.
Brod is not against sex, but with sexual abuse.
True, not a call for censorship but liken to a call for consumer product safety. Women aren't usually the consumers of porn: they are the consumed.
Frontline Stuff -- Dennis McAlpine interview.

What percentage of cable system buy rates is R-rated material?
5-10%
Frontline Stuff -- Dennis McAlpine interview.

What percentage of cable system buy rates is explicit material (x-rated)?
10-20%
According to Dennis McAlpine why are cable system buy rates extremely profitable for cable companies?
The cable companies do not pay for the adult channels and the cable company does not pay them a fee to show it. They keep 80-90% of the fee paid to view it and pay the rest to the adult company.
What percentage of pay-per-view revenue comes from adult programming?
25-30%
According to Frontline, which two are the largest porn vendors offered in businessmen's hotels?
Lodgenet and On Command
According to Frontline, what do the 2 largest porn vendors provide to the hotels and how do the vendors make money?
The vendors provide the TVs and run the cable at no charge to the hotels. The hotel charges a resident to play video games and pay movies; the hotel keeps 5-10% of the revenue and the rest goes to the adult vendor company.
Why do hotels provide the video games and pay-per-view movies?
- consumers want it
- 80% is "adult" of the buys in businessman hotels
According to GSS data in 2000, what percentage of males had seen an x-rated movie in the last year?
32.3%
According to GSS data in 2000, what percentage of females had seen an x-rated movie in the last year?
17.9%
According to GSS data (2000), what percentage of men and women combined between the ages of 18-29 had seen an x-rated movie in the last year?
47.7%
According to GSS data (2000), what percentage of men and women combined between the ages of 30-39 had seen an x-rated movie in the last year?
27.1%
According to GSS data (2000), what percentage of men and women combined between the ages of 40-49 had seen an x-rated movie in the last year?
20.6%
According to GSS data (2000), what percentage of men and women combined between the ages of 50-59 had seen an x-rated movie in the last year?
17.9%
According to GSS data (2000), what percentage of men and women combined between the ages of 60-69 had seen an x-rated movie in the last year?
10.5%
What three major hotel chains carry adult movies because their competitors offer them?
Marriott, Westin, and Hilton
Through what entities are MaBell and GM in the porn business?
AT&T Broadband (MaBell)
Direct TV (GM)
According to data in 2000, what are the five largest cable companies and how many subscribers each?
Comcast/AT&T 22.2 million
AOL Time Warner 12.7 million
Charter 7.0 million
Cox 6.2 million
Adelphia 5.7 million
According to data in 2000, of the five largest cable companies which did not carry adult programming?
Adelphia.
What did Adelphia do when it bought out a cable company?
It would stop offering adult programming.
What subject matter does the Jenks (1998) material cover?
Co-marital sex a/k/a swinging or wife swapping.
What is co-marital sex?
A married couple finding another married couple for sexual purposes.
What are the patterns among those who participate in co-marital sex?
Male - Female
Female - Female
*Never male - male
In the American Porn (Frontline) video, how much did it cost to make the porn movie "Barely Legal" and how much in profits has it made?
It cost $55,00 to produce, &
profits are $10 million so far.
In the American Porn video, what is a hot camera referred to?
Explicit for XXX versions.
In the American Porn video, what is a cold camera referred to?
Less explicit, soft core cable.
What does Yahoo charge to have an adult porn website on their browser?
$600
Who is the most downloaded woman re: adult sites?
Danni Ashe
True or False. most co-marital arrangements do not involve homosexual (male-to-male) activity.
True.
According to Jenks (1998) study, what percent of married couples participate in co-marital sex?
2%
According to Jenks (1998) studies from the 1970s, what are the characteristics of swingers?
- more likely to be
republicans
- middle and upper class
- above average in income
and education
- 90% white
- The part of Rush
- suburbanites
- most had no present
religious identification
According to the Jenks interview of 100 non-swingers, what are their perceptions of swingers?
- use alcohol/drugs more
than they actually do
- overestimate percentage of
non-whites, liberal
philosophy, and Democrats
- perceived as deviants in
other areas of life
According to the Jenks data taken from 300 swingers, what are their reasons for swinging?
- variety of sexual partners
and experiences
- pleasure or excitement
(forbidden fruit)
- meet new people
- voyeurism
According to Jenks (1998), what are some important personalit characteristics of couples who swing?
- liberal sexual
predisposition
- low degree of jealousy
According to Jenks (1998), what are some problems with swinging?
- fear of venereal disease
> herpes
> HIV
- finding people
> how do ou find other couples?
> both people need to be
"attracted" to the other
couple
- jealousy
- anxiety (performance)
- fear about public exposure
- time factors
According to the Jenks (1998) data, what effects does swinging have on marriage?
High percentages report positive effects and improvement to marriages.
What does the Jenks (1998) data NOT include regarding effects on marriages?
The survey does not include couples that "used" to be swingers or those who are now divorced.
What is the current perspective on swinging?
There have been no publications in the last 10 years. Interviewed Head of North Am. Swing Club Assoc. (NASCA) - Dr. McGinley:
- swinging has increased
over the last 10 years
- mailing lists have
increased from 12,000 in
1988 to 30,000 now
- swing clubs have increased
from 200 in 1988 to about
400 now (attendance at
lifestyle conventions is
up)
** The results may or may not show an increase in involvement -- people may just be more "open" about swinging
What is the primary meeting source for swinging couples to meet?
Clubs, but the Internet has made it easier for couples to hook up or to become involved in swinging.
In the video, Kids for Sale, why does cindy have a website?
She wants to become a model.