Deck 11: Obscenity Indecency

Question 1

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.

A) Tariff Act of 1842
B) Communications Act of 1934
C) Commission on Obscenity and Pornography 1970
D) National Indecency Act 1886

Answer 1

A

Question 2

Legal advocacy of censorship of offensive sexual content and prosecution of pornography was sometimes known in the 19^th century as ___ .

A) Southern fundamentalism
B) Comstockery
C) Hicklin's rule
D) False light

Answer 2

B

Question 3

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?

A) Hicklin rule
B) Fanny Hill test
C) Memoirs rubric
D) the French Postcard rule

Answer 3

A

Question 4

The Miller test poses what inquiries to determine if suspect sexual content is legally obscene?

A) Does the material patently offend contemporary community standards?
B) Does the content incite prurient interest for the average person?
C) Does the work as a whole lack serious artistic, scientific, literary or political value?
D) all of the above

Question 5

The sale of erotic (though not necessarily obscene) materials to minors can be prohibited by the doctrine of____ .

A) prurient interest
B) pandering
C) variable obscenity
D) Comstockery

Question 6

Which of the following cases involved the doctrine of variable obscenity?

A) Schwarzenegger v. Entertainment Merchants Association (2010)
B) Muhammad Ali v. Playgirl (1978)
C) Ginsberg v. New York (1968)
D) United States v. Playboy Entertainment Group (2000)

Question 7

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

A) creation
B) performance
C) mailing
D) all of the above

Question 8

What does the SLAPS test signify in the Miller test for obscenity?

A) serious, litigious, affidavit, per curiam, and statute value
B) scientific, libelous, artisanal, petition, and subpoena value
C) statute, literary, appellate, precedent, and summary judgment value
D) serious, literary, artistic, political, and scientific value

Question 9

The type of sexual content where Miller rule would not be used as criminal evidence is ____ .

A) websites featuring pornography
B) offensive art in public
C) child pornography
D) offensive language on television

Question 10

Which of the following Congressional acts covering child pornography has been upheld?

A) Child Online Protection Act (COPA)
B) Children's Internet Protection Act (CIPA)
C) Child Pornography Prevention Act (CPPA)
D) Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT)

Question 11

Which of the following cases involved U.S. censorship of motion picture films?

A) Miller v. California (1973)
B) Freedman v. Maryland (1965)
C) Redrup v. New York (1967)
D) Memoirs v. Massachusetts (1966)

Question 12

Which of the following cases recognized the state government has authority to regulate nude dancing without encroaching on the First Amendment?

A) Barnes v. Glen Theater (1991)
B) Jacobellis v. Ohio (1964)
C) Roth v. New York (1957)
D) all of the above

Question 13

For broadcasting, the hours between 10 p.m. and 6a.m. are identified by the FCC as ____ .

A) safe harbor
B) late night
C) false light
D) infomercial time

Question 14

Which of the following examples would be classified as a "fleeting expletive" by the FCC?

A) George Carlin's "Seven Words…" routine on radio
B) Bono's use of the "F word" on an award show
C) Rhett Butler's words of farewell in the film classic, Gone With the Wind!
D) none of the above

Question 15

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?

A) Federal Communications Commission v. Fox (2009)
B) Federal Communications Commission v. Pacifica (1978)
C) Federal Communications Commission v. Comcast (2010)
D) Federal Communications Commission v. League of Women Voters (1984)

Question 16

Which of the following groups established a video game rating system in 1994?

A) Entertainment Software Rating Board
B) Federal Communication Commission
C) Academy of Interactive Arts and Sciences
D) International Electronic Game Association

Question 17

Which of the following cases involves obscene commercial phone messages?

A) Jacobellis v. Ohio (1964)
B) FCC v. Fox Television Stations (2012)
C) Paris Adult Theatre I v. Slaton (1973)
D) Sable Communications v. FCC (1989)

Question 18

In Miller v. Skumanick (2009), underage teens found themselves in trouble for what communication act?

A) cyberstalking
B) cyberbullying
C) cyberhacking
D) sexting

Question 19

Which of the following cases involved the FCC's attempt to regulate fleeting expletives?

A) Federal Communications Commission v. Fox (2009)
B) Federal Communications Commission v. Pacifica (1978)
C) Federal Communications Commission v. Comcast (2010)
D) United States v. Playboy Entertainment Group (2000)

Question 20

What law was signed into effect in response to video depictions of animal cruelty?

A) The Animal Crush Video Prohibition Act
B) Canine Online Protection Act (COPA)
C) Humane Approach Preventing Pet Insensitivity Naturally Established Sensibility (HAPPINES)
D) none of the above

Question 21

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.

Question 22

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.

Question 23

In order to control adult businesses, the City of Virtusville passes an ordinance restricting adult theatres. The ordinance requires no minors to be admitted to adult theatres, that no movie posters that could be considered indecent may be visible from outside the building, and no obscene movies may be shown. Furthermore, films may not include sexually deviant behavior (such as bestiality), which the city considers patently offensive. Because the rules are merely time, place and manner restrictions, such an ordinance would be constitutional.

Question 24

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.

Question 25

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.

Question 26

Harry Neanderthal also has some material in his possession that does not fit the Miller test definition of obscenity. Some of the non-obscene material depicts minors engaging in sexual activity. Someone tips off the police and once again they raid his house. According to precedent, Harry will not go to jail for possession of the material because it is not obscene.

Question 27

"Erotic Body Parts" is a magazine that is not obscene although it would certainly qualify as indecent. The town of Purete Place could not ban the sale of the magazine. According to precedent, it would also be a violation of constitutional rights for the town to pass an ordinance prohibiting the sale of the non-obscene magazine to minors.

Question 28

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.

Question 29

Hollywood's latest movie is titled "Gratuitous Sex and Violence." It receives an R rating from the MPAA. This means that it is a violation of federal law for theatre owners to admit anyone under the age of 17 unless accompanied by an adult.