Sexuality & Society - Exam 2

Front 1

Is morality a legitimate basis for legislation?

Back 1

Boston Beer Co. v. Massachusetts (1878)
U.S. Supreme Court said "yes," in keeping w/public morals and good order.

Front 2

What is Fornication?

Back 2

Sexual relations between unmarried persons.

Front 3

Is fornication a crime?

Back 3

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.

Front 4

What is adultery?

Back 4

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.

Front 5

Is morality a legitimate basis for legislation?

Back 5

Boston Beer Co. v. Massachusetts (1878)
U.S. Supreme Court said "yes," in keeping w/public morals and good order.

Front 6

What is Fornication?

Back 6

Sexual relations between unmarried persons.

Front 7

Is fornication a crime?

Back 7

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.

Front 8

What is adultery?

Back 8

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.

Front 9

Regarding adultery, list three rationales for offenses that move beyond religious dogma?

Back 9

(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.

Front 10

What is seduction?

Back 10

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.

Front 11

What is incest?

Back 11

Sexual relations between people who are related within certain degrees of kinship.

Front 12

What is consanguinity?

Back 12

It means you are blood related.

Front 13

What is affinity?

Back 13

It means you are related through marriage.

Front 14

Why not allow incest to occur?

Back 14

- health reasons
- jealousy & disharmony in
families
- tracing ancestory results
difficult

Front 15

What is Bigamy?

Back 15

When someone marries someone and they were already married; you must also have known that the other person was married.

Front 16

Reynolds v. U.S. (1878)

What is this case about?

Back 16

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."

Front 17

What is polygamy?

Back 17

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.

Front 18

In what states in the U.S. are there polygamy groups?

Back 18

Arizona and Utah.

Front 19

What is sodomy?

Back 19

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.

Front 20

Bowers v. Hardwick (1986)

Back 20

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.

Front 21

Wasson v. Commonwealth (1992)

Back 21

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.

Front 22

Sodomy Law in Georgia (1998)

Back 22

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.

Front 23

Lawrence & Garner v. Texas (2003)

Back 23

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.

Front 24

What is indecent exposure?

Back 24

Lews and lascivious conduct. Involves intentionally exposing one's privates in public. Exposure must be done willfully and in an offensive manner.

Front 25

Barnes v. Glen Theatre (1991)

Back 25

Indiana case involving nude dancing. The S.Ct. upheld IN law that required dancers to wear g-strings and pasties.

Front 26

Roth v. United States (1957)

Is obscenity protected speech?

Back 26

The S.Ct. said that obscenity is NOT constitutionally protected speech. "It is utterly without redeeming social importance."

Front 27

What determines whether something is obscene?

Back 27

To the average person applying contemporary community (nationwide) standards, the dominate theme of the material taken as a whole applies to the prurient interest.

Front 28

Jacobellis v. Ohio (1964)

Back 28

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.

Front 29

Miller v. California (1973)

** Landmark case **

Back 29

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.

Front 30

Paris Adult Theatre 1 v. Slaton (1973)

Back 30

The S.Ct. said states may challenge obscene material even it it is only shown to consenting adults.

Front 31

New York v. Ferber (1982)

Back 31

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.

Front 32

Osborne v. Ohio (1990)

Back 32

S.Ct. ruled that the possession and viewing of child porn is NOT constitutionally protected speech or activity.

Front 33

Renton v. Playtime Theatres (1986)

Back 33

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.

Front 34

Ashcroft v. Free Speech Coalition (2002)

** IMPORTANT CASE **

Back 34

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.

Front 35

Roth case vs. Miller case

What is the difference?

Back 35

In the Roth case, the standards were "national," and in the Miller case, the standards were "local community."

Front 36

What are potential ways that society benefits from pornography?

Back 36

- 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

Front 37

What are negative aspects of pornography?

Back 37

- exploitative of women
- oppressive
- portrays women in
subordinate status
- physical v. emotional
attachment
- rape myth (women like it)
- low self-esteem
- morality issues

Front 38

How far back is there proof that pornography exists?

Back 38

There are drawings dating back to the Ice age.

Front 39

What does "BCE" mean?

Back 39

Before common era. Some people say "before Christ."

Front 40

What does "CE" mean?

Back 40

Common era. Some people say this istead of AD (after death of Christ).

Front 41

Karma Sutra

Back 41

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.

Front 42

According to McConahay (1988), what percentage of people see porn as a major problem?

Back 42

4-7%

Front 43

When and in what state did McConahay conduct his polls and what was the nature of the polls?

Back 43

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?"

Front 44

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?

Back 44

4.6% recommended the death penalty.

Front 45

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?

Back 45

1.6% recommended the death penalty.

Front 46

In a 1985 Newsweek gallup poll, what percentage of the total sample had rented or purchased a porn video in the preceding year?

Back 46

9%

Front 47

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?

Back 47

40%

Front 48

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?

Back 48

52%

Front 49

In a 1985 Newsweek gallup poll, what percenetage of those thought community standards regarding the sale of sexually explicit material should be more restrictive?

Back 49

42%

Front 50

According to McConahay, what are the three philosophical positions regarding pornography?

Back 50

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.

Front 51

According to McConahay, how has technology changed the history of pornography?

Back 51

* 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.

Front 52

According to McConahay, what are the three myths about contemporary porn?

Back 52

(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.

Front 53

What is the Brod (1988) article about?

Back 53

Pornography and the Alienation of Male Sexuality. It talks about what men learn about male sexuality from viewing male pornographic videos.

Front 54

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?

Back 54

4.6% recommended the death penalty.

Front 55

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?

Back 55

1.6% recommended the death penalty.

Front 56

In a 1985 Newsweek gallup poll, what percentage of the total sample had rented or purchased a porn video in the preceding year?

Back 56

9%

Front 57

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?

Back 57

40%

Front 58

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?

Back 58

52%

Front 59

According to Brod (1988), what is objectification of the body?

Back 59

- genital, performance oriented (men shown to be large in size)
- performance anxieties (comparisons is reason)
- desensitizes other areas of the body

Front 60

According to Brod (1988), what is loss of subjectivity?

Back 60

- 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.

Front 61

According to Brod (1988), what is porn's image of male sexuality?

Back 61

It works to the detriment to men personally.

Front 62

According to Brod (1988), what is porn's image of female sexuality?

Back 62

It benefits men as a group. Why? Because the image reinforces the power of patriarchy.

Front 63

According to Brod (1988), he compares porn vs. erotica, how?

Back 63

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.

Front 64

Brod is not against sex, but with sexual abuse.

Back 64

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.

Front 65

Frontline Stuff -- Dennis McAlpine interview.

What percentage of cable system buy rates is R-rated material?

Back 65

5-10%

Front 66

Frontline Stuff -- Dennis McAlpine interview.

What percentage of cable system buy rates is explicit material (x-rated)?

Back 66

10-20%

Front 67

According to Dennis McAlpine why are cable system buy rates extremely profitable for cable companies?

Back 67

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.

Front 68

What percentage of pay-per-view revenue comes from adult programming?

Back 68

25-30%

Front 69

According to Frontline, which two are the largest porn vendors offered in businessmen's hotels?

Back 69

Lodgenet and On Command

Front 70

According to Frontline, what do the 2 largest porn vendors provide to the hotels and how do the vendors make money?

Back 70

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.

Front 71

Why do hotels provide the video games and pay-per-view movies?

Back 71

- consumers want it
- 80% is "adult" of the buys in businessman hotels

Front 72

According to GSS data in 2000, what percentage of males had seen an x-rated movie in the last year?

Back 72

32.3%

Front 73

According to GSS data in 2000, what percentage of females had seen an x-rated movie in the last year?

Back 73

17.9%

Front 74

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?

Back 74

47.7%

Front 75

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?

Back 75

27.1%

Front 76

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?

Back 76

20.6%

Front 77

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?

Back 77

17.9%

Front 78

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?

Back 78

10.5%

Front 79

What three major hotel chains carry adult movies because their competitors offer them?

Back 79

Marriott, Westin, and Hilton

Front 80

Through what entities are MaBell and GM in the porn business?

Back 80

AT&T Broadband (MaBell)
Direct TV (GM)

Front 81

According to data in 2000, what are the five largest cable companies and how many subscribers each?

Back 81

Comcast/AT&T 22.2 million
AOL Time Warner 12.7 million
Charter 7.0 million
Cox 6.2 million
Adelphia 5.7 million

Front 82

According to data in 2000, of the five largest cable companies which did not carry adult programming?

Back 82

Adelphia.

Front 83

What did Adelphia do when it bought out a cable company?

Back 83

It would stop offering adult programming.

Front 84

What subject matter does the Jenks (1998) material cover?

Back 84

Co-marital sex a/k/a swinging or wife swapping.

Front 85

What is co-marital sex?

Back 85

A married couple finding another married couple for sexual purposes.

Front 86

What are the patterns among those who participate in co-marital sex?

Back 86

Male - Female
Female - Female
*Never male - male

Front 87

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?

Back 87

It cost $55,00 to produce, &
profits are $10 million so far.

Front 88

In the American Porn video, what is a hot camera referred to?

Back 88

Explicit for XXX versions.

Front 89

In the American Porn video, what is a cold camera referred to?

Back 89

Less explicit, soft core cable.

Front 90

What does Yahoo charge to have an adult porn website on their browser?

Back 90

$600

Front 91

Who is the most downloaded woman re: adult sites?

Back 91

Danni Ashe

Front 92

True or False. most co-marital arrangements do not involve homosexual (male-to-male) activity.

Back 92

True.

Front 93

According to Jenks (1998) study, what percent of married couples participate in co-marital sex?

Back 93

2%

Front 94

According to Jenks (1998) studies from the 1970s, what are the characteristics of swingers?

Back 94

- 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

Front 95

According to the Jenks interview of 100 non-swingers, what are their perceptions of swingers?

Back 95

- 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

Front 96

According to the Jenks data taken from 300 swingers, what are their reasons for swinging?

Back 96

- variety of sexual partners
and experiences
- pleasure or excitement
(forbidden fruit)
- meet new people
- voyeurism

Front 97

According to Jenks (1998), what are some important personalit characteristics of couples who swing?

Back 97

- liberal sexual
predisposition
- low degree of jealousy

Front 98

According to Jenks (1998), what are some problems with swinging?

Back 98

- 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

Front 99

According to the Jenks (1998) data, what effects does swinging have on marriage?

Back 99

High percentages report positive effects and improvement to marriages.

Front 100

What does the Jenks (1998) data NOT include regarding effects on marriages?

Back 100

The survey does not include couples that "used" to be swingers or those who are now divorced.

Front 101

What is the current perspective on swinging?

Back 101

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

Front 102

What is the primary meeting source for swinging couples to meet?

Back 102

Clubs, but the Internet has made it easier for couples to hook up or to become involved in swinging.

Front 103

In the video, Kids for Sale, why does cindy have a website?

Back 103

She wants to become a model.