Term
| Under existing precedent, the First Amendment does not protect speech that is: |
|
Definition
|
|
Term
| The Comstock Act of 1873: |
|
Definition
| Barred the mailing of obscene publications. |
|
|
Term
| Although no longer valid today, the Roth-Memoirs test stipulated that obscenity: |
|
Definition
| Could not be prosecuted successfully if such material contained even the slightest redeeming social value. |
|
|
Term
| In a majority of cases, the term "local community standards" under the Miller test mean: |
|
Definition
|
|
Term
| If erotic material is intercepted in the mail by a postmaster general and results in prosecution, the community standards that apply would be: |
|
Definition
| The community where the erotic material was seized. |
|
|
Term
| Under the Miller test, determining whether a work lacks serious literary, artistic, political or scientific value depends upon: |
|
Definition
| Whether a reasonable person could find such value. |
|
|
Term
| One of the more important aspects regarding variable obscenity laws is that: |
|
Definition
| The laws should not interfere with the right of adults to receive protected expression. |
|
|
Term
| States wishing to combat child pornography: |
|
Definition
| May prohibit the distribution of such material even if it does not meet the definition of obscenity under the Miller test. |
|
|
Term
| In Ashcroft v. Free Speech Coalition (2002), the Supreme Court ruled the Child Pornography Prevention Act: |
|
Definition
| Violated the First Amendment because the law prohibits the virtual depiction of minors engaging in sexual conduct, involving no real crimes or victims. |
|
|
Term
| Critics contend pornography: |
|
Definition
Treats women as sex objects.
-AND-
Discriminates against women.
-AND-
Provokes violence against women. |
|
|
Term
| Under the requirement of scienter: |
|
Definition
| The government must prove that a seller or distributor was aware of the obscene material. |
|
|
Term
|
Definition
It is a crime to send obscenity through the mail.
-AND-
Mail patrons may request to bar the delivery of sexually oriented advertising.
-AND-
Mail patrons who have received obscene material may request that the mailer stops sending such items. |
|
|
Term
| Censoring motion pictures is: |
|
Definition
"infrequent due to the extinction of 'adult-theatres' and most commercial theatres don't show NC-17. p. 475"
-NONE OF THE ABOVE- |
|
|
Term
| Federal and state RICO laws: |
|
Definition
| May result in stiffer penalties for those found guilty of producing or trafficking obscenity. |
|
|
Term
| As illustrated in Northend Cinema v. Seattle (1978) and Young v. American Mini-Theaters, Inc(1976), cities may: |
|
Definition
Require adult theaters to be located within one small, downtown area.
-AND-
Require adult theaters to be spaced 1000 feet apart from one another and 500 feet from residential areas. |
|
|
Term
| In Schad v. Mount Ephraim (1981), the U.S Supreme Court ruled that a city ordinance: |
|
Definition
| Cannot completely bar specific types of adult establishments that offer constitutionally protected material. |
|
|
Term
| Federal courts have ruled that zoning laws aimed at curbing pornography: |
|
Definition
"p. 478"
-NONE OF THE ABOVE- |
|
|
Term
| As a result of the Supreme Court's precedent set in Renton v. Playtime Theaters (1986), cities trying to combat pornography may: |
|
Definition
| Justify zoning laws through evidence already collected by other cities. |
|
|
Term
| The attack on the arts during the 1980s and 1990s included: |
|
Definition
A federal district court finding a record album to be obscene.
-AND-
An attempted obscenity prosecution of a public art museum.
-AND-
Decency conditions on the distribution of federal art grants. |
|
|
Term
| Even though his research was found to be flawed and inaccurate, an undergraduate student's study published in a law review article offered considerable support to: |
|
Definition
The Communications Decency Act of 1996.
-AND-
The Child Online Protection Act of 1998.
-AND-
Conservative Christian groups and prominent anti-pornography feminists. |
|
|
Term
| In Reno v. American Civil Liberties Union (1997), the Supreme Court ruled that the provisions of the Communications Decency Act (CDA) regarding indecent and patently offensive material are: |
|
Definition
| Unconstitutionally vague and suppress speech that adults have a right to receive and transmit in cyberspace. |
|
|
Term
| The Child Online Protection Act (COPA): |
|
Definition
| Prohibits commercial websites from knowingly transmitting material that is harmful to minors. |
|
|
Term
| Upon reviewing the constitutionality of the Child Online Protection Act (COPA) for a second time in American Civil Liberties v. Ashcroft (2003), the Third U.SCourt of Appeals found the law: |
|
Definition
| Overbroad under the First Amendment because it restricts adult access to material that is protected expression (e.g. material harmful to minors). |
|
|
Term
| The Children's Internet Protection Act (CIPA): |
|
Definition
| Requires schools and libraries who receive e-rate subsidies to install software filters. |
|
|
Term
| In United States v. American Library Association (2003), the Supreme Court ruled the Children's Internet Protection Act (CIPA): |
|
Definition
| Constitutional under the First Amendment because it doesn't amount to a direct mandate that requires all libraries to employ software filters. |
|
|
