ch. 12 Obscenity, indecency and violence

Question 1

hierarchy of protection

Answer 1

• Print media: highest protection b/c of history
• Internet: not a lot of regulation, almost same as print
• cable: pay to view
• satellite: pay to listen
• broadcast: network channels, public airwaves, lowest level of protection because of pervasiveness of the medium

Question 2

Erznoznik v City of Jacksonville

Answer 2

• Bare ass on movie screen
• Ordinance prohibited nudity on screens visible outside of theater
• The Court deemed the images not obscene and overturned the law because it prohibited all nudity, obscene or not.
• Those offended could choose not to look

Question 3

Cohen v California

Answer 3

• “Fuck the draft”
• Words offensive but no obscene
• People can avert their eyes if offended

Question 4

History of obscenity

Answer 4

• pre civil war: religious blasphemy
• post civil war: cornstock’s morality mission, hicklin rule (obscene if it corrupts children)
• Ulysses ruling: obscenity should be determined by reviewing the material in its entirety and focus on its impact on an average person, not children
• Roth v U.S.: FA does not protect obscenity
• Miller V. Calif

Question 5

Miller v California

Answer 5

Miller test

1. The average person, applying contemporary community standards, would find that the work appeals to prurient interests
2. The work depicts, in an offensive way, sexual conduct specifically defined by state law
3. The work as a whole lacks serious literary, artistic, political or scientific value

Question 6

variable obscenity

Answer 6

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

Question 7

Ferber v New York

Answer 7

Using hildren in sexual material harms the minor’s physiological, emotional, and mental health

Question 8

Stanley v Georgia

Answer 8

• police searched a bookmaker’s house for gambling evidence
• Merely categorizing material as obscene did not justify such a drastic invasion of personal liberties
• gov may not tell poeple what books they may read or films they may watch

Question 9

Osbourne v Ohio

Answer 9

-Underlying interests prohibiting the possession of child pornography are so vital that the court supported a ban on possession

Question 10

RICO laws

Answer 10

Rackateer influenced and corrupt organizations act
-forbids the use of money earned from illegal activity to finance legal or illegal businesses or nonprofit enterprises engaged in interstate commerce

Question 11

Alexander v US

Answer 11

• Adult bookstore owner claimed seizure chilled his FA rights since he would be hesitant to operate another est.
• The RICO seizure penalty no more chilled free speech rights than the possibility of a time or imprisonment for racketeering activities

Question 12

FCC v Pacifica

Answer 12

• Radio station aired Carlin’s 12 minute “Filthy Words” monologue
• FCC defined indecency as “language that describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities and organs”
• led to chilling effect and self-censorship

Question 13

safe harbor policy

Answer 13

FCC policy designating 10pm to 6am as a time when broadcast radio and tv stations may air indecent material without violating federal or FCC regulations

Question 14

US v Playboy Enterprises

Answer 14

Protecting children from exposure to sexually explicit programming is a compelling interest, but the 1996 Telecom Act was unconstitutional b/c it didn’t use the least restrictive approach. Instead, cable subscribers may ask cable companies to block channels and may request lockboxes

Question 15

communication decency act

Answer 15

Made it illegal to knowingly transmit obscene or indecent messages to any recipient under 18 or to make available patently offensive messages

Question 16

Reno v ACLU

Answer 16

• The internet has full FA protection
• Internet is not limited by a spectrum scarcity, as broadcasting, because millions of people are able to use the internet simultaneously

Question 17

Child Online Protection Act (COPA)

Answer 17

• Minors are 16 and under
• Banned internet distribution to children of material harmful to minors
• Restriction applied to people who transmit and intend to profit from using the internet
• ruled unconstitutional because it wasn’t the least restrictive means

Question 18

Children’s Internet Protection Act (CIPA)

Answer 18

• Gov can stop federal funding for schools and libraries that do not install technology protection measures
• constitutional b/c requiring adults to ask a librarian to unblock a computer does not infringe on FA rights