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24 Cards in this Set
- Front
- Back
Roth v. United States
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Supreme Court ruled that obscenity is not protected by the first amendment
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Miller v. California
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created "Miller Test" to determine whether speech is obscene or not
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obscenity
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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
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Indecent Material
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(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.
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variable obscenity laws
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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.
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The Comstock Act of 1873:
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Barred the mailing of obscene publications.
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The Child Online Protection Act (COPA):
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Prohibits commercial websites from knowingly transmitting material that is harmful to minors.
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The Children's Internet Protection Act (CIPA):
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Requires schools and libraries who receive e-rate subsidies to install software filters.
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indescency
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A narrow legal term referring to sexual expression inappropriate for children on broadcast radio and television.
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pornography
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has no legal significance but often used by laypeople to describe anything from a love scene to obscenity
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Miller Test
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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 |
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patently offensive
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hard-core sexual content that clearly exceeds all boundaries of decency; content commonly described as shocking or sickening to a community at large.
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prurient interest
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shameful or morbid interest in sex (community standard)
interest that tends to excite lust ow lewd behavior |
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child pornography
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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 |
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how do states control obscenity?
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through criminal prosecution
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obscenity & women
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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 |
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postal censorship
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USPS regulates the flow of erotic material in the mail
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Film Censorship
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voluntary film rating system (G-NC-17)
most commercial theaters dont show NC-17 |
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Sexually Oriented Businesses (SOBs)
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strip clubs, adult video stores & adult theaters are subject to Zoning Regulations & Expressive Conduct Regulations (distance from schools etc...)
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Erotic Materials in Cyberspace
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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) |
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Jessup-Morgan v. America Online
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access to email account
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Ontario v. Quon
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employer monitoring of employee texts
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Kyllo v. U.S.
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ruled that police violated Fourth Amendment Privacy police didn't have warrant to monitor pot dealer
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Federal Communications Commission (FCC)
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regulates communication through broadcast, radio etc...
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