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| material that appear to the prurient interest, is patently offensive and is without serious social value |
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California charged Miller under state law for printing and distributing books and brochures that included genitals and sexual activities
The Supreme Court applied the 3-part test
The materials WERE found to be obscene |
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To determine whether a work is obscene:
1. an average person would find that the work applies to prutient interest
2. the materials must depict sexual conduct in a patently offensive way (specifically determined by state law)
3. the work taken as a whole must lack serious literary, artistic, political or scientific value |
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materials must appeal to a lascivious, shameful, or morbid interest in sex
must have sexual appeal presented in advertising, books, magazines and other works |
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To be obscene, sexually stimulating materials must be more than pornographic; must be more than sexually stimulating or titillating
Might include: ultimate sex acts, normal or perverted, actual or simulated, descriptions of masturbation, excretory functions and lewd exhibition of the genitals |
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content taken as a whole must lack serious literary, artistic, political or scientific value
Supreme court uses this test to determine if materials are constitutionally protected |
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| Is yelling "sack of shit" obscene? |
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| No, it is not prurient interest; not enough sexually explicit content |
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| Is Playboy magazine obscene? |
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| No; it is not patently offensive. Although it is pornographic, it is constitutionally protected because it is not patently offensive. |
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| How does the law protect children from exposure and participation in obscenity? |
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| Supreme court has ruled that STATES may prohibit the distribution and possession of children performing sexual acts (do not determine if material is obscene, just that children are exploited) |
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| non-obscene material depicting or describing sexual excretory activities or organs |
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| FCC v. Pacifica Foundation |
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upheld the FCC's power to punish a broadcaster for airing indecent content
reduced 1st amendment protection because broadcasting is invasive and accessible to children |
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| Which type of indecency is the most the least protected? |
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| Internet is the most; broadcast is the least. |
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| Does the prurient interest law also apply to indecency? |
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| No; can have serious value and still violate the law. |
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| In FCC v. Pacifica, did the Supreme Court give any exceptions to indecent broadcast? |
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| Yes, the ruling also allowed the FCC specific times of indecent broadcasts without violating the first amendment |
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| Is it constitutional for a public library to install porn filters on computers? |
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| Yes, because it is a public facility where children have access to computers. |
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| program that block indecent material from children; Congress and the FCC determined that obscene material does harm children, so they came up with this device |
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| Is obscenity protected by the 1st Amendment? |
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| Can obscenity and indecency be prohibited on the Internet? |
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Obscenity CAN be prohibited because it is not protected by the 1st amendment.
Indecency on the Internet has the same level of protection as print media, so it may not be prohibited. |
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Supreme Court found the Communications Decency Act unconstitutional
Court believed the internet should receive expansive first amendment protection, but also extensive regulatory control like broadcast |
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| Communication Decency Act |
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Struck down in Reno v. ACLU
prohibited deliberating using the Internet to send indecent, patently offensive or obscene material to people under 18
Also allowed Internet companies to allow the dissemination of obscene or indecent materials to minors |
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| Can indecency be prohibited on cable? |
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| time period from 10 pm to 6am when radio and TV stations may air indecent material without incurring FCC standards |
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| court struck down the segregation requirement because it unconstitutionally restricted sexual content of cable system operators, programmers, and adult viewers |
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| Which case allowed cable operators to ban or allow indecent content? |
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| Does the constitution protect violent pornography? |
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| Not always. Violence is not included in the definition of obscenity. It would have the be that the sexual material is obscene in order for it to lose its constitutional protection. |
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| worked toward the graphic sexually explicity subordination of women to be illegal |
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| Was Catherine Mackinnon successful? |
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| No; the ordinance was ruled unconstitutional because it did not assess a work as a whole nor did it include the elements of parent offensiveness, prurient appeal and lack of social value (3-part test- Miller case) |
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| struck down CA statute banning the sale/rental to minors of excessively violent video games |
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Supreme court established variable obscenity, that which could be prohibited for minors, but not for adults
Only applies to sexual materials |
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| Schwarzennerger v. Entertainment Merchants |
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Supreme court agreed to decide whether CA can ban the sale/rental of video games to minors
(law was earlier found unconstitutional by district court)
held unconstitutional because Ginsberg v. NY only applied to sexual materials |
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| What must the gov. prove to have violent video game banned? |
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| The they cause anti-social behavior. |
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| Was there sufficient evidence that video games cause anti-social behavior in the Schwarz. case? |
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| NO; the 9th circuit found the evidence presented by the state did not support this |
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| Nonobscene sexual expression may be restricted to certain places or times to protect those who wish to avoid pornography. (T/F?) |
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| spread through different parts of the community or controlling the signs through which they present themselves to the public |
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protect ones privacy from the assault of unwanted sexual materials
stops sexually oriented advertisements from being delivered to mailboxes |
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| restrict the display to minors of sexually explicit materals that are not obscene for adults |
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| shield minors from sexual materials without unconstitutionally depriving adults of access to legal sexual publications |
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