Question 1

Which of the following statements is NOT true regarding the Supreme Court's findings when it revisited the obscenity issue in 1973?

Accepted Answer

The Supreme Court did not endorse the notion of universal decency in its findings when it revisited the obscenity issue in 1973. The Court recognized that there could be variability in standards of morality in different jurisdictions and held that minors and adults must be treated differently, but it did not endorse the concept of universal decency. The Court also ruled that the state has a compelling interest in protecting the welfare of children.

Question 2

Beginning with which case has the Supreme Court ruled that new media of communication must be scrutinized as they are developed and that varying media result in varying protections?

Accepted Answer

The Supreme Court ruled in FCC v. Pacifica Foundation in 1978 that new media of communication must be scrutinized as they are developed and that varying media result in varying protections. This case dealt with the regulation of obscenity on broadcast radio and established the "safe harbor" policy which restricts the airing of indecent programming to certain late night hours when children are less likely to be listening.

Question 3

Which Act was struck down as the Court observed that both teenage sexual activity and the sexual abuse of children had inspired countless literary works, including that of William Shakespeare and contemporary movies?

Accepted Answer

The Child Pornography Prevention Act was struck down by the Court as it observed that both teenage sexual activity and the sexual abuse of children had inspired countless literary works, including that of William Shakespeare and contemporary movies.

Question 4

In which of the following cases did the Supreme Court observe that the CPPA prohibited speech despite its serious literary, artistic, political, or scientific value?

Accepted Answer

In Ashcroft v. Free Speech Coalition, the Supreme Court observed that the Child Pornography Prevention Act (CPPA) prohibited speech despite its serious literary, artistic, political, or scientific value, ruling parts of the act as overly broad and unconstitutional.

Question 5

Which of the following is the first act specifically aimed at protecting families and children from online sexually explicit materials?

Accepted Answer

The Communications Decency Act (CDA) of 1996 was the first federal law aimed specifically at regulating pornographic material on the Internet, with particular focus on protecting minors from inappropriate content.

Question 6

Which of the following determined that obscene material is not constitutionally protected by the First Amendment?

Accepted Answer

In the case of Roth v. United States, the Supreme Court established the Roth test, which determined that obscene material is not constitutionally protected by the First Amendment. This test defines obscenity as material that appeals to prurient interests, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political or scientific value. This decision has been influential in shaping laws regarding obscenity in the United States.

Question 7

Which of the following did NOT uphold the constitutionality of the Child Pornography Prevention Act?

Accepted Answer

The Ninth Circuit did not uphold the constitutionality of the Child Pornography Prevention Act.

Question 8

Prior to the 1950s, which obscenity statute governed traditional notions of decency and obscenity?

Accepted Answer

Prior to the 1950s, the obscenity statute that governed traditional notions of decency and obscenity was Regina v. Hicklin, which originated in England in 1868. It provided a very narrow definition of obscenity, stating that any material that had a tendency to "deprave and corrupt" those who read it, particularly children and those of weak moral character, could be considered obscene and subject to censorship and punishment. This standard was used in many American courts until the mid-20th century.

Question 9

How has the advent of electronic communications helped child pornographers defy the existing broad laws regarding indecency and victimization of children?

Accepted Answer

The answer of How has the advent of electronic communications...

Question 10

Which of the following Constitutional Amendments poses the fewest challenges to computer crime investigators faced with interpreting and applying it?

Accepted Answer

The answer of Which of the following Constitutional Amendments poses...

Question 11

Which of the following was enacted to prohibit virtual child pornography, arguing in part that the very existence of child pornography, real or not, increased child molestation and pedophilia?

Accepted Answer

The Child Pornography Prevention Act was enacted in 1996 to prohibit virtual child pornography, including computer-generated images and drawings, as it was argued that the very existence of any form of child pornography, real or not, increased child molestation and pedophilia.

Question 12

Which of the following was the ground for the court to invalidate the Communications Decency Act?

Accepted Answer

The ground for the court to invalidate the Communications Decency Act was its overbreadth and vagueness, which violated the First Amendment rights of free speech. The Act did not clearly define certain terms and could be interpreted in a way that restricted a broad range of speech beyond what was intended to be regulated. Additionally, the Act did not have specific provisions for protecting the interests of children, which was one of its intended purposes.

Question 13

Which of the following is NOT a reason for the Supreme Court's ruling that the broad-based nature of radio communication mandated a greater level of scrutiny when broadcasting programs that contained probable indecent speech?

Accepted Answer

The Supreme Court's ruling was not based on the cheap availability of the medium to people, but on factors such as accessibility to children, the invasive nature of broadcasting into homes, and the scarcity of frequencies necessitating regulation.

Question 14

Which Act was designed to address the problems with the Child Pornography Prevention Act?

Accepted Answer

The PROTECT Act (Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act) was introduced in 2003 to address the legal issues surrounding the Child Pornography Prevention Act, which was found unconstitutional by the Supreme Court in 2002. The PROTECT Act sought to strengthen laws against child exploitation and child pornography while addressing the concerns raised by the court's decision.

Question 15

Which of the following statements holds true regarding Osborne v.Ohio?

Accepted Answer

The Court in Osborne v. Ohio established a standard of scienter, which refers to the requirement of proving that a defendant had knowledge of the illegal nature of the material in question.

Question 16

In which of the following cases did the Court specifically rely on statistics and opinions gathered from sources ranging from scholars to law enforcement practitioners in order to arrive at a conclusion, marking a clear departure from the normal procedure?

Accepted Answer

The answer of In which of the following cases did...

Question 17

Which of the following Acts replaced the Protection of Children against Sexual Exploitation Act of 1977, in an effort to tighten prohibitions of child pornography on the federal level?

Accepted Answer

The Child Protection Act replaced the Protection of Children against Sexual Exploitation Act of 1977 to strengthen the federal laws against child pornography. The other options are not the correct acts that replaced the 1977 law. The Child Protection and Obscenity Enforcement Act was passed in 1988, but it did not replace the 1977 act. The Child Sexual Abuse and Pornography Act and Child Protection Restoration and Penalties Enhancement Act were both passed in 1990, but they also did not replace the 1977 act.

Question 18

Which of the following is a principal reason for the difficulty in handling obscenity?

Accepted Answer

Obscenity is not easily defined, and there is no exact, legal definition of obscenity. What is considered obscene can vary widely depending on personal opinions, community standards, and specific contexts. This makes it difficult to regulate obscenity, and it can also lead to challenges in enforcing laws against obscene content.

Question 19

What makes Child Pornography Prevention Act (CPPA) different from Child Protection Act (CPA)?

Accepted Answer

The Child Pornography Prevention Act (CPPA) specifically addressed the issue of computer-generated or other mechanically altered images of minors engaging in explicit conduct and made it illegal to produce or distribute such materials. The Child Protection Act (CPA) broadly addressed child pornography and child sexual abuse.

Question 20

Which of the following reasons was NOT cited for ruling that George Carlin's broadcast monologue Filthy was not entitled to First Amendment protection?

Accepted Answer

The court did not cite depiction of children as victims of sexual exploitation as a reason for ruling that George Carlin's broadcast monologue Filthy was not entitled to First Amendment protection. The other three reasons were considered in the ruling.

Quiz 8: Applying the First Amendment to Computer-Related Crime