Deck 10: Obscenity and the Law

Question 1

In 2002,the Supreme Court held that it doesn't violate the First Amendment for a city to forbid video viewing booths in a store that also sells adult books and videos.The case:

A)Ashcroft v.ACLU.
B)Watchtower Bible and Tract Society v.Village of Stratton.
C)City of Los Angeles v.Alameda Books.
D)Osborne v.Ohio.
E)Thomas v.Chicago Park District.

Answer 1

C

Question 2

In NEA v.Finley,a 1998 decision,the Supreme Court:

A)upheld Congressional restrictions on the content of art works receiving government grants.
B)overturned Congressional restrictions on the content of works receiving government money.
C)abolished government grants for the arts.
D)ordered Congress to provide more money for grants for the arts.
E)held that a performance artist's work was legally obscene.

Answer 2

A

Question 3

In City of Erie v.Pap's A.M. ,a 2000 decision,the Supreme Court:

A)allowed a city to ban all adult businesses anywhere in town.
B)said that a city had to allow adult businesses somewhere within city limits.
C)said that a city had to allow a private club to have nude dancing.
D)allowed a city to ban nude dancing in a private club.
E)held that a performance artist's work was legally obscene.

Answer 3

D

Question 4

Suppose a city adopts a zoning ordinance forbidding "adult" businesses within 500 feet of any private residence or school,thereby relegating them to various industrial and commercial areas in the town.Based on Supreme Court decisions to date,this ordinance would most likely be:

A)constitutionally permissible.
B)okay only if each adult business was provided a location where it could make a profit.
C)okay only if a court first ruled that all of the merchandise was legally obscene.
D)a violation of the First Amendment rights of adult businesses.
E)a violation of the rights of adult bookstores but not other adult businesses.

Question 5

The Supreme Court in 1969 upheld the right to read or view even legally obscene adult materials in the privacy of one's home because "a state has no business telling a man,sitting alone in his own house,what books he may read or what films he may watch." The case?

A)U.S.v.Thirty-Seven Photographs.
B)Stanley v.Georgia.
C)Regina v.Hicklin.
D)Miller v.California.
E)Pringle v.Covina.

Question 6

In its 1997 Reno v.ACLU decision,the Supreme Court ruled on the constitutionality of the Communications Decency Act.The court held that the Internet has the same First Amendment status as:

A)over-the-air television.
B)cable television.
C)commercial speech (i.e. ,advertising).
D)newspapers and other media that enjoy the highest level of constitutional protection.
E)non-commercial corporate communications.

Question 7

The Supreme Court allowed a state to criminalize even the private possession of "kiddie porn" in the case of:

A)Crawford v.Lungren.
B)Jacobellis v.Ohio.
C)Jenkins v.Georgia.
D)Renton v.Playtime Theatres.
E)Osborne v.Ohio.

Question 8

The Supreme Court in 2003 upheld the Children's Internet Protection Act,which requires libraries receiving federal funds for computers to use Internet filtering software on those computers.The case:

A)Ashcroft v.Free Speech Coalition.
B)Ashcroft v.ACLU.
C)U.S.v.American Library Association.
D)Reno v.ACLU.
E)NEA v.Finley.

Question 9

The 1987 Pope v.Illinois decision of the Supreme Court:

A)held that an objective "reasonable man" standard must be used to determine if a work has "serious...value."
B)reinstated the "redeeming social value" test.
C)curtailed the use of nuisance law against "adult" businesses.
D)curtailed the use of zoning ordinances against "adult" businesses.
E)said nudity has no constitutional protection.

Question 10

The 1981 Schad v.Mt.Ephraim decision of the Supreme Court:

A)modified the general legal definition of obscenity.
B)reinstated the "redeeming social value test".
C)limited the use of state obscenity laws against "adult" businesses.
D)limited the use of local zoning ordinances against "adult" businesses.
E)said nudity has no Constitutional protection.

Question 11

In 1973,the Supreme Court again modified the legal definition of obscenity.The court ruled that the states could abandon the "redeeming social value" test and also allow community standards to vary from place to place (within certain limits).The case:

A)Cohen v.California.
B)Jenkins v.Georgia.
C)Ginsberg v.New York.
D)Miller v.California.
E)Memoirs v.Massachusetts.

Question 12

In an important 1966 decision,a plurality of the Supreme Court revised the legal test for obscenity to include the lack of "redeeming social value." The case:

A)Miller v.California.
B)Memoirs v.Massachusetts.
C)Jacobellis v.Ohio.
D)Hannegin v.Esquire.
E)Cohen v.California.

Question 13

In 2002,the Supreme Court overturned a provision of the Child Pornography Prevention Act that banned "virtual" or simulated depictions of minors engaged in sex acts.The case:

A)Ashcroft v.Free Speech Coalition.
B)Watchtower Bible and Tract Society v.Village of Stratton.
C)NEA v.Finley.
D)Ashcroft v.ACLU.
E)Osborne v.Ohio.

Question 14

During the 1800s,a high-profile crusade against pornography was led by:

A)Grover Cleveland.
B)William Lloyd Garrison.
C)Horace Greeley.
D)Anthony Comstock.
E)Elijah Lovejoy.

Question 15

In a 1964 decision,a plurality of the Supreme Court said the case cited in the last question required national standards for obscenity.This 1964 case was:

A)Hannegin v.Esquire.
B)Roth v.U.S. .
C)Jacobellis v.Ohio.
D)Cohen v.California.
E)Jenkins v.Georgia.

Question 16

During the 1950s and 1960s the Supreme Court was often unable to agree upon a majority opinion in obscenity cases because two justices took the absolutist position that no restrictions on obscene matter are permitted by the First Amendment.Which two justices took this position?

A)Warren and Douglas.
B)Blackmun and Douglas.
C)Warren and Black.
D)Douglas and Black.
E)Brennan and Warren.

Question 17

In 1991,the Supreme Court upheld a state's use of a public decency law to ban nudity in night club performances.The case?

A)Barnes v.Glen Theatre.
B)Renton v.Playtime Theatres.
C)Jenkins v.Georgia.
D)Osborne v.Ohio.
E)Crawford v.Lungren.

Question 18

In 1957,the Supreme Court defined obscenity by asking,"whether to the average person,applying contemporary community standards,the dominant theme of the material taken as a whole appeals to prurient interest." That was in the case of:

A)Bloom v.Municipal Court.
B)Roth v.U.S. .
C)Miller v.California.
D)U.S.v.Thirty-Seven Photographs.
E)Pinkus v.U.S.

Question 19

The Supreme Court has often allowed the states to adopt more restrictive anti-pornography laws for minors than for adults.The court rejected a constitutional challenge to such a law in:

A)Ginsberg v.New York.
B)Jacobellis v.Ohio.
C)Jenkins v.Georgia.
D)Renton v.Playtime Theatres.
E)Miller v.California.

Question 20

The U.S.Supreme Court first upheld the use of zoning to regulate the location of adult businesses in:

A)Wiener v.City of National City.
B)Renton v.Playtime Theatres.
C)Young v.American Mini-Theatres.
D)Osborne v.Ohio.
E)City of Erie v.Pap's A.M.

Question 21

In what case did the Fourth Circuit say that the PROTECT Act applies to cartoon depictions of child pornography that are considered obscene?

A)Ashcroft v.ACLU.
B)U.S.v.Whorley.
C)City of Los Angeles v.Alameda Books.
D)Osborne v.Ohio.
E)Thomas v.Chicago Park District.

Question 22

In U.S.v.Williams,a 2008 decision,the Supreme Court:

A)upheld the PROTECT Act.
B)overturned the PROTECT Act.
C)reversed its earlier decision upholding the Children's Internet Protection Act.
D)ruled that schools must use filtering software on all computers accessible to students.
E)ruled that schools may not use filtering software.

Question 23

The Sixth Circuit in Doe v.Boland (2011)said that it was acceptable for the federal government to fine an attorney for creating what and for what reason?

A)Animal cruelty videos to demonstrate the cruelty.
B)Child pornography to demonstrate how easy it is to digitally alter images.
C)Violent pornography to demonstrate the harm to women.
D)Animal cruelty videos to demonstrate how easy it is to digitally alter images.
E)None of the above.

Question 24

In U.S.v.Paroline,the Supreme Court in 2014 addressed ________ in child pornography cases.

A)arrests.
B)jail time.
C)sentencing.
D)financial compensation.
E)interstate commerce.

Question 25

In 2012 the Third Circuit upheld a law requiring creators of sexual content to keep records on what data for their performers in Free Speech Coalition,Inc.v.Holder?

A)Sexuality.
B)Marital status.
C)Number of children.
D)Addresses.
E)Ages.

Question 26

In what case did the Oregon Supreme Court in 2011 say that merely searching for child pornography would not count as possession?

A)Ashcroft v.ACLU.
B)U.S.v.American Library Association.
C)Oregon v.Barger.
D)Renton v.Playtime Theatres.
E)Young v.American Mini-Theatres.

Question 27

"Sexting" is:

A)just another word for texting.
B)online pornography.
C)illegal in every state.
D)obscene material.
E)sending sexual messages or images via phone or text messages.