Deck 11: Obscenity,indecency,and Violence

Question 1

Sending obscene material over the Internet

A)cannot be successfully prosecuted because the Internet is a nationwide mass medium
B)cannot be successfully prosecuted because there is no "local community" whose standards apply to the Internet
C)cannot be successfully prosecuted because the First Amendment protects all Internet content
D)may be successfully prosecuted

Answer 1

D

Question 2

In the privacy of one's home,the First Amendment

A)protects possessing obscene material
B)protects possessing child pornography
C)does not protect possessing indecent material
D)both A and B

Answer 2

A

Question 3

The Supreme Court has said the "patently offensive" part of the obscenity test

A)must at least meet standards the Supreme Court has set
B)is up to the jury to define
C)is the same as the "prurient interest" part of the obscenity test
D)may be defined by state law in any way the state wants

Answer 3

A

Question 4

The word "pornography" is not defined in the law except when used in the phrase "child pornography."

Question 5

According to the Supreme Court's recent decision in Paroline v.United States,which of the following is true (related to victims of child pornography):

A)Victims can never recover damages from those who possess child pornography.
B)A victim need to show only that he was harmed by the image being in circulation and anyone found guilty of possessing that image may be liable for damages.
C)A victim should only receive restitution in an amount that represents the extent to which the defendant caused the victim's losses.
D)None of the above.

Question 6

The current test used in the United States to determine if material is obscene

A)is a balancing test
B)requires that all three prongs of the test be met
C)says material is obscene if it tends to corrupt those whose minds are open to immoral influences
D)says material is obscene if it is "utterly without social value"

Question 7

Variable obscenity is a term applied to

A)material in which children are portrayed in sexual situations
B)material that is obscene if distributed to children but not obscene if distributed to adults
C)the fact that obscenity definitions vary from state to state
D)material allowed on cable television but not on over-the-air television

Question 8

Which Supreme Court case includes the current legal test for obscenity?

A)Miller v.California
B)FCC v.Pacifica Foundation
C)Reno v.ACLU
D)Roth v.United States

Question 9

What is the focus of the Children's Internet Protection Act (CIPA),which the Supreme Court has found constitutional?

A)This law focused on schools and libraries that receive federal money.
B)The CIPA would stop money from going to schools and libraries that do not install "technology protection measures" on their computers accessing the Internet.
C)Those schools and libraries wanting to continue receiving federal funds would have to install filtering software that blocks obscenity,child pornography,or material "harmful to minors."
D)All of the above.

Question 10

Laws originally intended for use against organized crime can be used to seize certain assets of people convicted of selling obscene material.

Question 11

Under the Hicklin v.Regina definition,material was obscene if it

A)was highly offensive to a reasonable person
B)was patently offensive to adults
C)tended to corrupt those whose minds were open to immoral influences
D)appealed to the prurient interest as measured by contemporary community standards

Question 12

The current obscenity test requires that,to be found obscene,material must

A)be utterly without redeeming social value
B)be dangerous to women
C)include children as actors
D)include violent scenes
E)none of the above

Question 13

Material that uses minors in sexual poses is called

A)prior restraint
B)child pornography
C)variable obscenity
D)patent offensiveness

Question 14

Anthony Comstock convinced the U.S.Congress to adopt a law making it illegal to mail obscene materials.

Question 15

The First Amendment does not protect using indecent language in print,on the Internet or in broadcasting.

Question 16

Which of the following is a TRUE statement about broadcasting indecent material:
A)Strictly speaking,broadcasting indecent material at any time violates federal law.
B)The FCC,with court approval,agreed not to take action against indecent broadcasts aired at times when few children are expected to be in the audience.
C)The 10 p.m.to 6
D)All of the above.

A)m.period is a safe harbor,a time when stations safely may broadcast material that does not fully comply with the law's indecency ban.

Question 17

What is pornography?

A)A narrow legal term referring to sexual expression and expletives inappropriate for children on broadcast radio and television.
B)A vague-not legally precise-term for sexually oriented material.
C)Material relating to sex in an indecent,very offensive or shocking way.
D)All of the above

Question 18

In ruling on the Communications Decency Act,part of the Telecommunications Act of 1996,the U.S.Supreme Court held

A)the FCC may regulate the Internet the same way it regulates broadcast stations
B)Congress may never regulate the Internet
C)the Communications Decency Act is constitutional
D)the First Amendment protects indecent material on the Internet

Question 19

In the United States

A)obscenity is protected under the First Amendment
B)obscenity is not protected under the First Amendment
C)obscenity is protected under the First Amendment in print media,but not broadcast media
D)indecency is not protected under the First Amendment in print media

Question 20

In applying the first part of the current obscenity test,jurors are supposed to determine if material appeals to the prurient interest based on

A)a standard established by the trial judge
B)the juror's own standards
C)a nationwide standard
D)the juror's assessment of the community's standards

Question 21

A cable television network wants to run a prize-winning drama with adult themes and explicit references to sexual matters (but not meeting the definition of obscenity).To comply with the law,the station must run the play between 10 p.m.and 6

Question 22

In 2001,the FCC tried to clarify its indecency standards by adopting guidelines.What where those guidelines?

Question 23

The three parts of the Miller v.California test for obscenity are:

Question 24

Congress adopted the Child Pornography Prevention Act (CPPA)in 1996,criminalizing the sending or possessing of digital images of children in sexual poses or activities,even if the images were not of real children or were of adults who looked young.The Supreme Court found the law unconstitutional because children were not being involved in the sex trade.

Question 25

The courts' rulings about broadcast indecency are an attempt to balance broadcasters' First Amendment rights and Congress' decision that indecent material cannot be on broadcast radio and television at any time.

Question 26

Indecency is the same as obscenity.

Question 27

Sexting that involves a minor,even if consensual,is considered child pornography in some jurisdictions.

Question 28

Authorities have tried to control obscenity using laws that target organized crime.

Question 29

U.S.law allows child pornography victims to seek restitution not only from the person who created the images but also from those who possess the pictures.

Question 30

In the past,the Supreme Court has allowed government censorship boards to license films for exhibition.

Question 31

Courts have ruled that cities may not use zoning laws to restrict adult bookstores and adult theaters to one area of the city.

Question 32

A book publisher decides to reprint a novel,"The Genius," by Theodore Dreiser,considered by many literary experts to be one of the leading writers of the early 20th century.A district attorney (running for re-election)prosecutes a local bookstore owner under the state's obscenity laws for selling a copy of the reprinted novel.The basis of the prosecution is that the book contains the following passage: "She accepted first the pressure of his arm,then the slow gentleness with which he caressed her.Resistance seemed almost impossible now,for he held her close-tight within the range of his magnetism.When finally she felt the pressure of his hand upon her quivering limbs,she threw herself back in a transport of agony and delight.'No,no,Eugene,' she begged.'No,no! Save me from myself.Oh,Eugene!'" A jury found the book obscene based on that excerpt (the only part of the book to which the district attorney objected).Will that conviction be upheld on appeal? Why or why not? Discuss the complete test a court would apply.

Question 33

The law forbids the FCC from censoring radio or television broadcasts.

Question 34

Summarize the Supreme Court's decision in FCC v.Fox Television Stations,Inc.(2009).

Question 35

Courts have held that the First Amendment protects violent content in the mass media.

Question 36

On local cable television systems,indecent content is permitted between 10 p.m.and 6

Question 37

In addition to the federal law,all states and the District of Columbia have child pornography laws.