Question 1

Government agencies have no authority to regulate or limit obscenity, but they can ban indecency in its entirety.

Accepted Answer

The statement is false. Government agencies do have the authority to regulate and limit obscenity, as established by the Supreme Court's Miller v. California decision. The FCC also has the power to regulate indecency on broadcast television and radio.

Question 2

The Supreme Court has ruled that material deemed to be "obscene" or determined to be "child pornography" receives no protection under the First Amendment.

Accepted Answer

The Supreme Court has ruled that obscenity and child pornography receive no protection under the First Amendment.

Question 3

The Miller Test for identifying obscenity abandons the concept of a national definition for obscenity in favor of letting communities establish their own standards.

Accepted Answer

The Miller Test does indeed allow communities to establish their own standards for obscenity, rather than relying on a national definition.

Question 4

The Supreme Court has ruled that nudity by itself automatically places material in the category of "obscenity," regardless of the material's other qualities.

Accepted Answer

The Supreme Court has not made this ruling. Nudity may be a factor in determining whether something is obscene, but it is not an automatic qualifier for obscenity. The court uses a three-pronged test called the Miller test to determine if something is obscene, which takes into account community standards, whether it appeals to prurient interests, and whether it lacks serious literary, artistic, political or scientific value.

Question 5

The first attempt to regulate indecent or sexually explicit material in the United States was the
A) the Anti-Pornography Act of 1795
B) the Tariff Act of 1842
C) the Comstock Act of 1873
D) the Roth Act of 1952
E) the Miller Act of 1973

Accepted Answer

The answer of The first attempt to regulate indecent or...

Question 6

The 1989 case of Sable Communications v. FCC, which dealt with the FCC's authority to regulate "phone-sex" services, resulted in what ruling?
A) the court threw out the case because the FCC has no authority to regulate communication by telephone
B) the court threw out the case because Sable Communications was located in California, where "phone-sex" services were legal
C) because "phone-sex" was considered indecency rather than obscenity, it could not be prohibited in its entirety, but could be regulated
D) the federal law was constitutional and could be enforced because it conformed with standards established by the Miller Test

Accepted Answer

The ruling in the 1989 case of Sable Communications v. FCC was that because "phone-sex" was considered indecency rather than obscenity, it could not be prohibited in its entirety, but could be regulated. This means that while the FCC could not ban "phone-sex" services altogether, it could enforce regulations on the content and manner of communication.

Question 7

The Comstock Act of 1873 dealt with the regulation of obscenity as transmitted through which medium or method?
A) television and radio
B) telephone "dial-a-porn" or phone sex
C) motion pictures
D) U.S. mail
E) on-line computer services

Accepted Answer

The Comstock Act of 1873 dealt with the regulation of obscenity as transmitted through the U.S. mail. The act made it illegal to send any "obscene, lewd, and/or lascivious" materials through the mail.

Question 8

Which of the following was the major weakness of the 1873 Comstock Act?
A) it was never signed into law by the president
B) it applied only to broadcasting and not to other media
C) it attempted to control obscenity but did not define it
D) it failed to meet the Supreme Court's "clear and present danger" test
E) it did not use the Supreme Court standards as established by the Miller Test

Accepted Answer

The major weakness of the 1873 Comstock Act was that it attempted to control obscenity but did not define it. This lack of definition led to confusion and inconsistency in its implementation and enforcement.

Question 9

Although the film debated in the 1952 case of Joseph Burstyn Inc. v. Wilson was not accused of being "obscene," the case is still cited in many modern-day obscenity cases for what reason?
A) it was the first case prosecuted under the 1873 Comstock Act
B) it placed materials sent through the mail in the category of "media," similar to newspapers, television, and film
C) it placed videotape in the same category as motion picture film
D) it was the first application of the First Amendment to any form of entertainment
E) it was the first case in which material was judged according to the Miller Test

Accepted Answer

The case of Joseph Burstyn Inc. v. Wilson was significant because it was the first time that the First Amendment was applied to a form of entertainment (in this case, motion pictures). This established that movies were a protected form of speech under the Constitution, which has been cited in many modern-day obscenity cases to support the argument that even controversial or sexually explicit films are entitled to First Amendment protections.

Question 10

The case of Miller v. California is significant for what reason?
A) it was the first case in which the First Amendment was applied to any form of entertainment
B) it solidified the differences in regulation of sexual content for adult audiences as opposed to under-age audiences
C) it provided a new standard for evaluating future obscenity cases
D) it extended First Amendment protection to radio but not to television
E) it banned indecency on the radio

Accepted Answer

Miller v. California provided the Miller test as a new standard for evaluating future obscenity cases, which included three criteria to determine whether material was obscene and not protected by the First Amendment.

Question 11

A government study of obscenity, ordered by President Lyndon Johnson in the 1960s, resulted in what recommendations?
A) the government should declare a "war on obscenity" and use whatever resources were necessary to defeat it
B) a new constitutional amendment would be necessary before obscenity could be legally eliminated
C) suspending some civil rights and constitutional protections would be necessary because of the known dangers of obscenity
D) the government should give up trying to eliminate obscenity in its entirely, and should instead concentrate on keeping it out of the hands of minors and encouraging local school systems to develop comprehensive sex education programs
E) obscenity was a legitimate form of art and was therefore worthy of First Amendment protection and acceptance in society

Accepted Answer

The government study recommended that the government should give up trying to eliminate obscenity entirely and instead focus on keeping it out of the hands of minors and promoting comprehensive sex education programs in local school systems. This recommendation is reflected in choice D.

Question 12

The Greek term meaning "writing about prostitutes" gives us what modern-day term often used to refer to books, magazines, films, or videotapes of a sexual nature?
A) obscenity
B) indecency
C) pornography
D) smut
E) filth

Accepted Answer

The Greek term "pornographia" literally means "writing about prostitutes" (from "porne," meaning prostitute and "graphos," meaning writing). Today, "pornography" typically refers to material designed to arouse sexual excitement, such as magazines or videos.

Question 13

A legal principle that allows communities to set different standards for difference audiences (i.e. what may be acceptable for adults can still be labeled as "obscene" when shown to children) is known by what term?
A) the Comstock Act
B) non-obscene sexual expression
C) variable obscenity
D) the slippery slope
E) content neutrality

Accepted Answer

The legal principle that allows communities to set different standards for different audiences is known as variable obscenity. This means that content that may be considered acceptable for adults could be labeled as obscene if shown to children or other specific audiences. The other options - the Comstock Act, non-obscene sexual expression, the slippery slope, and content neutrality - are unrelated to this specific principle.

Question 14

Based on a Supreme Court definition, material of a sexual nature that is so offensive that it deserves no First Amendment protection is known as
A) pornography
B) smut
C) indecency
D) obscenity
E) fighting words

Accepted Answer

The Supreme Court has defined material of a sexual nature that is so offensive that it deserves no First Amendment protection as obscenity.

Question 15

Based on a Supreme Court definition, material of a sexual nature that may offend some but does not rise to the level of obscenity is known as
A) non-obscene sexual expression
B) smut
C) indecency
D) obscenity
E) fighting words

Accepted Answer

The Supreme Court has defined material of a sexual nature that may offend some but does not meet the legal criteria for obscenity as "non-obscene sexual expression." This material is protected under the First Amendment, unlike obscenity, which is not protected.

Question 16

Based on a Supreme Court definition, there is a category of speech that includes non-obscene expression as well as profanity and references to bodily functions. This category is known as
A) pornography
B) smut
C) indecency
D) obscenity
E) fighting words

Accepted Answer

The category of speech that includes non-obscene expression as well as profanity and references to bodily functions is known as "indecency," as defined by the Supreme Court.

Quiz 4: Sexual Expression and Violence

Government agencies have no authority to regulate or limit obscenity, but they can ban indecency in its entirety.

The Supreme Court has ruled that material deemed to be "obscene" or determined to be "child pornography" receives no protection under the First Amendment.

The Miller Test for identifying obscenity abandons the concept of a national definition for obscenity in favor of letting communities establish their own standards.

The Supreme Court has ruled that nudity by itself automatically places material in the category of "obscenity," regardless of the material's other qualities.

The first attempt to regulate indecent or sexually explicit material in the United States was the

The 1989 case of Sable Communications v. FCC, which dealt with the FCC's authority to regulate "phone-sex" services, resulted in what ruling?

The Comstock Act of 1873 dealt with the regulation of obscenity as transmitted through which medium or method?

Which of the following was the major weakness of the 1873 Comstock Act?

Although the film debated in the 1952 case of Joseph Burstyn Inc. v. Wilson was not accused of being "obscene," the case is still cited in many modern-day obscenity cases for what reason?

The case of Miller v. California is significant for what reason?

A government study of obscenity, ordered by President Lyndon Johnson in the 1960s, resulted in what recommendations?

The Greek term meaning "writing about prostitutes" gives us what modern-day term often used to refer to books, magazines, films, or videotapes of a sexual nature?

A legal principle that allows communities to set different standards for difference audiences (i.e. what may be acceptable for adults can still be labeled as "obscene" when shown to children) is known by what term?

Based on a Supreme Court definition, material of a sexual nature that is so offensive that it deserves no First Amendment protection is known as

Based on a Supreme Court definition, material of a sexual nature that may offend some but does not rise to the level of obscenity is known as

Based on a Supreme Court definition, there is a category of speech that includes non-obscene expression as well as profanity and references to bodily functions. This category is known as