Comm Law Quiz 3 (Ch 5, 12-13)

Front 1

Roth v. United States

Back 1

Supreme Court ruled that obscenity is not protected by the first amendment

Front 2

Miller v. California

Back 2

created "Miller Test" to determine whether speech is obscene or not

Front 3

obscenity

Back 3

defined by Miller as material that is unprotected by the First Amendment. Also known as hardcore porn. Broadcasters are prohibited from airing at any time. Must past 2/3 of the Miller Test

Front 4

Indecent Material

Back 4

(aka adult material) sexually graphic; often referred to as adult or sexually explicit material that is protected under the first amendment. such material may be barred in works available to children and in over-the-air radio and television broadcasts.

Front 5

variable obscenity laws

Back 5

A concept that sexually oriented material would not meet the definition of obscenity if distributed to adults but would be found obscene if distributed to minors.

Front 6

The Comstock Act of 1873:

Back 6

Barred the mailing of obscene publications.

Front 7

The Child Online Protection Act (COPA):

Back 7

Prohibits commercial websites from knowingly transmitting material that is harmful to minors.

Front 8

The Children's Internet Protection Act (CIPA):

Back 8

Requires schools and libraries who receive e-rate subsidies to install software filters.

Front 9

indescency

Back 9

A narrow legal term referring to sexual expression inappropriate for children on broadcast radio and television.

Front 10

pornography

Back 10

has no legal significance but often used by laypeople to describe anything from a love scene to obscenity

Front 11

Miller Test

Back 11

material is obscene if:
1) community standards
appeals to prurient interest

2) patently offensive
the work depicts in a patently offensive way sexual conduct specifically defined by applicable state law

3) serious value
lacks serious literary, artistic, political or scientific value

Front 12

patently offensive

Back 12

hard-core sexual content that clearly exceeds all boundaries of decency; content commonly described as shocking or sickening to a community at large.

Front 13

prurient interest

Back 13

shameful or morbid interest in sex (community standard)

interest that tends to excite lust ow lewd behavior

Front 14

child pornography

Back 14

is not protected under the first amendment (production, possession, distribution)
does not have to meet the Miller Test due to the possible physical and mental harm that minors incur during its creation & as a result of the last impact of the images

Front 15

how do states control obscenity?

Back 15

through criminal prosecution

Front 16

obscenity & women

Back 16

sexually explicit content subordinates women to men, objectifies & exploits them as sex objects for men's pleasure & leads to violence

statues based on such arguments have been found unconstitutional as viewpoint-based discrimination on speech

Front 17

postal censorship

Back 17

USPS regulates the flow of erotic material in the mail

Front 18

Film Censorship

Back 18

voluntary film rating system (G-NC-17)
most commercial theaters dont show NC-17

Front 19

Sexually Oriented Businesses (SOBs)

Back 19

strip clubs, adult video stores & adult theaters are subject to Zoning Regulations & Expressive Conduct Regulations (distance from schools etc...)

Front 20

Erotic Materials in Cyberspace

Back 20

since 1996 3 major attempts to regulate
1) Communications & Decency Act (unconstitutional)
2) Child Online Protection Act (unconstitutional)
3) Children's Internet Protection Act (CIPA)
(constitutional)

Front 21

Jessup-Morgan v. America Online

Back 21

access to email account

Front 22

Ontario v. Quon

Back 22

employer monitoring of employee texts

Front 23

Kyllo v. U.S.

Back 23

ruled that police violated Fourth Amendment Privacy police didn't have warrant to monitor pot dealer

Front 24

Federal Communications Commission (FCC)

Back 24

regulates communication through broadcast, radio etc...