9/24/13

Question 1

What is necessary to regulate obscenity?

Answer 1

• Define in fact what is obscene

- Ensure that the language of the statute is neither overly broad or vague (put community on precise notice)

Question 2

Is obscenity protected by 1st amendment?

Answer 2

No

Question 3

What are the 3 guidelines given by the Supreme Court to lower courts to determine what is obscene?

Answer 3

1. Does the material in question, when viewed in its entirety by a person of average sensitivity, coupled with local community standards, appeal to one’s interest in sex?
2. Does the material in question portray sex in a patently offensive manner?
3. Does the material in question lack any serious artistic, literary, scientific or practical value?

Question 4

What are the two types of defamation?

Answer 4

Slander and libel

Question 5

What is slander?

Answer 5

The false spoken word

Question 6

What is libel?

Answer 6

The false written or memoralized word

Question 7

What is defamation?

Answer 7

An intrusion of one’s interest in maintaining a good name & reputation in the eyes of the community

Question 8

When can slander and libel be actionable?

Answer 8

When the false statement is communicated to a third party and thus lowers one’s estimate of the plaintiff/victim in question to an extent that others are discouraged from dealing with the plaintiff/victim

Question 9

What needs to happen for slander to be actionable?

Answer 9

It must be communicated to a third party (belief on the part of the third party is immaterial to action); special damages must be proven

Question 10

What is the difference between slander and libel?

Answer 10

With libel there is no need for proof of special damages

Question 11

What is slander per se?

Answer 11

A category of slander that is so despicably wrong that there is no need for proof of special damages (comment about disease, profession, moral turpitude, etc.)

Question 12

Which defenses/ legal excuses exist?

Answer 12

Absolute privilege

Question 13

What gives somebody absolute privilege?

Answer 13

1. Any statement made during a judicial preceeding (trial, jury hearing,…) b/c everyone should speak openly
2. Truth
3. Any confidential conversation between to spouses
4. Any statement made by a member of Congress or the State legislature (must’ve been made on the floor of the legislative chamber)

Question 14

What are the regulations on statements made by public officials?

Answer 14

So long as a statement is dealing with their official conduct, that statement is absolutely privileged, except:

• if official can prove that statement was false
• show that it was made with malice