Chapter 5: Regulating Pornography Flashcards
What do laws related to pornography often lack? Why?
These laws, perhaps because they are so closely tied to morality and evolving social more, are sometimes enforced unevenly and lack clear, objective rationales and justifications.
What are the most morally offensive categories of communication?
Sexual. The most evil is obscenity.
What is indecency?
It refers to sexual and nonsexual messages that are considered clearly offensive. It does not necessarily have any of the sexual content of obscenity or pornography, but is otherwise considered morally offensive or socially inappropriate.
Does indecency receive First Amendment protection?
It receives some.
What is pornography?
A term used to label sexually explicit expression. It is objectively indistinguishable from what is euphemistically identified as “erotica.” It is often used as a term of criticism indicating crass sexual expression.
Does pornography receive First Amendment protection?
It gets some First Amendment protection
What is obscenity?
A legal term that refers to material that has been deemed illegal by a court. It refers to sexual expression that is disgusting to the senses or abhorrent to morality and to graphic portrayals of sex acts intended to arouse lustful thoughts. Material must meet a specified test to be deemed obscene
Is obscenity receive First Amendment protection?
in 1931, Near v. Minnesota ruled that obscenity was unprotected under the First Amendment.
Is the creation and enforcement of anti-obscenity laws primarily left to the states or the government?
The states. Neither the first Amendment nor federal statutes mandate that states enact and implement obscenity laws.
What was William Douglas’ views on pornography and obscenity?
The First Amendment protected obscene speech.
What was the verdict of Manual Enterprises v. Day?
Gay themed expression was not patently offensive or necessarily obscene.
What was the verdict of Memoirs v. Massachusetts?
The court ruled that the novel was not obscene.
When was the social values test created?
Suggested in Roth v. United States and adopted in Memoirs
Why was Roth v. United States (1957) important?
The ruling made it hard to prosecute sex-themed works because this new definition required a finding that works were “utterly without redeeming social value.”
Why was Miller v. California (1973) important?
It ended the fragmentation on the Supreme Court over pornography and obscenity. Their decision established the legal definition of obscenity that remains in effect today.
What was the courts new definition of obscenity that came out of Miller v. California?
- Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest.
- Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable law
- Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
What was the verdict of Miller v. California?
Court found the brochure obscene.
What was the verdict of Kaplan v. California?
Court decided that photographs and drawings were not necessary for a work to be considered obscene.
What was the verdict of Paris Adult Theatre I v. Slaton?
Court confirmed that adult movies could be found obscene, even when they were marketed discreetly.
Explain Miller Part 1: The Prurient Interest Test in your own words.
Basically, it first looks at the material from an average person living in the communities point of view. This is important because the point of view of people living in Maine is very different from those in California. Also, it has to be the overall work, not just a few things that people don’t like.
Explain Miller Part 2: The Patent Offensiveness Test in your own words.
For a sexual portrayal to be obscene it must be specifically enumerated in a state obscenity statute.
Why was Jenkins v. Georgia important?
It is a strong reminder that Miller does not give communities unlimited power to regulate erotic material
Explain Miller Part 3: The Serious Value Test in your own words.
If an otherwise sexually graphic publication has serious material (such as the interviews and articles in Playboy) than it is protected under the First Amendment.
