Exam 11: Obscenity Indecency

What early standard under the British Common Law stated if any part of a work is found to raise sexual desires on the most susceptible mind, then the entire work is to be judged as obscene?

The university's Art department wants to raise money for a scholarship fund. It decides to publish and sell a book of student photographs. Several of the photos involve nudes - full nudity, everything clearly visible, one person per photo. Some would be considered highly offensive to a reasonable person. The city has an ordinance that fits the Miller test. Selling the book would be a violation of the city's obscenity ordinance.

Harry Neanderthal loves obscene material. And by obscene, it fits the Miller test definition of obscenity. He has collected a vast amount of the stuff over the years and keeps it in his room, under the bed. Someone tips off the police and they decide to raid his home. According to precedent, Harry will be going to jail for possession of obscene material.

Theater owner Sara Katherine "Skat" Ologee wants to show the movie, "80 Shades of Perversion" to an adult-only audience. Assume that the film would be considered obscene if the Miller test is applied. Ologee posts notices at the box office stating the nature of the film. She checks the I.D. of every patron to make sure everyone is an adult. She even goes so far as to have them sign a waiver stating that as consenting adults, they do not object to the type of film being shown. Despite the obscenity of the film, Ologee is protected from prosecution because only consenting adults were admitted.

Vitusville Public Library has public computers that are connected to the Internet. Patrons may make reservations to use the computers or use them on a first-come basis if they are available. The librarians are all very permissive and do not check anyone's ID or monitor their Internet use. There are no filters installed on the library's computers to prevent access to indecent material. The library receives federal funding. Precedent prohibits Congress from interfering in the library's policies by withholding federal funds unless filters are installed.

The U.S. Congress banned the "importation of all indecent and obscene prints, paintings, lithographs, engravings and transparencies," into the country and gave government the authority to dispose of pornographic cargo from France or other foreign ports with this legal document.

If material is determined to be obscene, laws can prohibit its_____, even by consenting adults, but not its possession.

The New York broadcast of comedian George Carlin's routine "Seven Words You Can Never Say on Television" on the radio led to which landmark case?

Penny Sillan has an overnight talk show on WINO that runs from midnight to 4 a.m. She rants and raves about all sorts of things. One night she gets all worked up about local politics and starts belting out all kinds of indecent language. Despite the fact that her speech is about political issues, WINO can still be fined for indecency.