Deck 13: Regulation of Obscene and Other Erotic Material

Question 1

The U.S.Supreme Court has held that nude dancing constitutes speech entitled to some degree of First Amendment protection.

Answer 1

True

Question 2

In 1990,a recording by the rap group known as _____________ was declared obscene by a judge.

Answer 2

2 Live Crew

Question 3

The First Amendment does not protect:

A)the production of child pornography.
B)the distribution of child pornography.
C)the possession of child pornography.
D)the production,distribution and possession of child pornography.

Answer 3

D

Question 4

Lenny Bruce was

A)convicted of showing an obscene movie in California.
B)convicted of performing an obscene comedy routine in Chicago.
C)convicted of exhibiting obscene paintings at a Cincinnati museum.
D)acquitted on charges of exhibiting obscene paintings at a Cincinnati museum.

Question 5

The current test for determining whether material is obscene was created in which one of the following U.S.Supreme Court cases?

A)Regina v.Hicklin
B)Miller v.California
C)Roth v.United States
D)Hustler v.Falwell

Question 6

Variable obscenity laws

A)allow various states to have varying definitions of obscenity.
B)permit states to force adult theaters and bookstores to locate in specific areas.
C)permit states to ban the sale of certain kinds of erotic material to minors.
D)allow for the zoning of sexually oriented businesses.

Question 7

Prosecutions for transmitting obscenity over the Internet

A)are very rare in the United States.
B)must be initiated in the community where the material originated.
C)must be initiated in the community where the online service provider is located.
D)may be initiated in any community where the material can be accessed.

Question 8

In 2008,the U.S.Supreme Court declared unconstitutional the PROTECT Act in the case of United States v.Williams.

Question 9

Under the third prong (i.e.,part)of the current test used by the U.S.Supreme Court for determining whether material is obscene,the fact finder must determine if the speech in question

A)lacks serious literary,artistic,political or scientific value.
B)lacks serious literary,artistic,public or social value.
C)is utterly without redeeming social value.
D)is utterly without redeeming social and educational value.

Question 10

The first recorded obscenity prosecution in the United States occurred in

A)1725.
B)1793.
C)1815.
D)1870.

Question 11

Under the second prong (i.e.,part)of the current test for obscenity created by the U.S.Supreme Court,it must be determined whether the work in question depicts in a ____________________ way sexual conduct specifically defined by applicable state law.

Question 12

Under the first prong (i.e.,part)of the current test used by the U.S.Supreme Court for determining whether material is obscene,the fact finder must consider how the material in question would be viewed by:

A)the person who created or produced it
B)the person who purchased it
C)an average person
D)the judge hearing the case

Question 13

In which one of the following U.S.Supreme Court cases did the high court make it clear more than 50 years ago that a category of speech called obscenity is not protected by the First Amendment?

A)Regina v.Hicklin
B)Miller v.California
C)Roth v.United States
D)Hustler v.Falwell

Question 14

When zoning sexually oriented businesses,municipalities and cities would be wise to cite to which one of the following as a reason for their zoning decision?

A)secondary effects
B)variable obscenity
C)the content of the books and movies sold at the businesses
D)the Comstock Act

Question 15

The Supreme Court of Oregon's 2011 decision in the child pornography case of State v.Barger illustrates the growing issue of

A)how states define a "lascivious" exhibition of the genitals of a minor.
B)how states define the "possession" and "control" of child pornography on the Internet.
C)how states define the term "deviant interest" in child pornography.
D)how states and the federal government disagree on the proper definition of "lascivious."

Question 16

Before the government can prosecute a bookseller or magazine vendor for selling obscene books or magazines,it must show the court that the defendant had scienter,which is

A)legal ownership of the allegedly obscene material.
B)intent to distribute the material.
C)knowledge of the contents of the material.
D)none of the above.

Question 17

The Communications Decency Act was adopted to bar indecent material from

A)cable television.
B)the Internet.
C)over-the-air radio and television.
D)all of the above.

Question 18

The name of the feminst legal scholar who claims pornography objectifies women and represents "the power of men over women,expressed through unequal sex,sanctioned both through and prior to state power" is

A)Nina Hartley
B)Catharine MacKinnon
C)Nadine Strossen
D)Stormy Daniels

Question 19

A community may use studies done in other cities to establish its need for a zoning law for adult businesses.

Question 20

Under the first prong (i.e.,part)of the current test used by the U.S.Supreme Court for determining whether material is obscene,the fact finder must determine if the speech in question appeals to

A)a deviant interest.
B)a repulsive interest.
C)a prurient interest.
D)a pedophilic interest.

Question 21

Explain the legal relevance of the term "pornography" in the United States.

Question 22

Explain how some states are addressing the problem of "sexting" by minors through new legislation and why states need to adopt new laws to address "sexting" by minors.

Question 23

According to the U.S.Supreme Court,what is not to be considered the "community" under the current test for determining whether speech is obscene?

Question 24

Provide one example of the use of expert testimony by defendants in obscenity trials that was discussed in Chapter 13.
F.Schwartz of the Masters and Johnson clinic.

Question 25

Jim Morrison,the lead singer of the Doors,was pardoned in 2010 for a conviction decades earlier in Florida for _____________________________________________________.