Question 1

According to the ruling in Pope v.Illinois,all three parts of the Miller test are to be determined with reference to local community standards.

Accepted Answer

A) True 
 B)False  False

Question 2

The Supreme Court has made it clear that the Miller standard identifies only materials that might be called "hard-core."

Accepted Answer

A) True 
 B)False  True

Question 3

What did the Meese Commission conclude in 1986?

Accepted Answer

A)  There is no compelling evidence that exposure to explicit sexual materials is a cause of delinquent behavior.
B)  There is reliable evidence linking exposure to explicit sexual materials and a significant decline in adolescent morality.
C)  Exposure to sexually explicit materials that are violent leads to more aggressive attitudes toward women and probably greater sexual violence.
D)  Pornography is financed primarily with money from organized crime. C

Question 4

The FCC's definition of indecency is different from obscenity in what respect?

Accepted Answer

A)  For indecency there is no requirement of appeal to prurient interest.
B)  For indecency there is no built-in protection for material that contains artistic value.
C)  Both of the above.
D)  None of the above.

Question 5

In Cruz v.Ferre a federal Court of Appeals held that

Accepted Answer

A)  the Pacifica doctrine also applies to cable TV programming.
B)  indecency may be banned from cable 24 hours a day.
C)  the Pacifica doctrine does not apply to the cable medium.
D)  the city of Miami had no jurisdiction over local cable content.

Question 6

In FCC v.Pacifica Foundation the Supreme Court upheld the restriction against broadcast indecency on two grounds.What were they?

Accepted Answer

The answer of In FCC v.Pacifica Foundation the Supreme Court...

Question 7

A few jurisdictions have attempted to curb sexually explicit materials by declaring them a violation of women's civil rights.Have these efforts been successful? Explain.

Accepted Answer

The answer of A few jurisdictions have attempted to curb...

Question 8

Which of the following is NOT one of the elements of the Miller test for obscenity?

Accepted Answer

A)  The average person,applying contemporary community standards,would find that the work appeals to the prurient interest.
B)  The work depicts patently offensive violence or force for its own sake.
C)  The work depicts in a patently offensive way sexual conduct as defined by state law.
D)  The work,taken as a whole,lacks serious literary,artistic,political,or scientific value.

Question 9

In the mid 1990s one broadcast organization agreed to pay $1.7 million in fines for indecency violations that occurred

Accepted Answer

A)  during mid-day soap operas on TV.
B)  when adult videos were accidentally aired too early in the evening.
C)  during "The Howard Stern Show."
D)  during a series of news broadcasts about sexual problems.

Question 10

In some cases persons convicted of obscenity violations may be subject to property forfeitures under the

Accepted Answer

A)  federal Pandering Act.
B)  RICO Act.
C)  Child Pornography Control Act.
D)  Telecommunications Act.

Question 11

The Supreme Court laid the general foundation for today's approach to obscenity law in what 1950s case?

Accepted Answer

A)  Roth v.United States
B)  Paris Adult Theatre I v.Slaton
C)  Miller v.California
D)  Pope v.Illinois

Question 12

Throughout the seventeenth and eighteenth centuries,common law courts in England frequently dealt out severe punishment against distributors of sexually explicit material.

Accepted Answer

A) True 
 B)False

Question 13

If material is obscene under the Miller test,this means that

Accepted Answer

A)  only the federal government may regulate it.
B)  the material violates the U.S.Constitution.
C)  jurisdictions may outlaw the material if they wish.
D)  the material is illegal in every state.

Question 14

Production and distribution of obscene materials was a crime throughout most of the United States by the

Accepted Answer

A)  mid-1700s.
B)  mid-1800s.
C)  early 1900s.
D)  mid-1900s.

Question 15

Which of the following is the broad term used to describe all material that is sexually explicit and intended primarily for the purpose of sexual arousal?

Accepted Answer

A)  Obscenity
B)  Blasphemy
C)  Pornography
D)  Indecency

Question 16

The U.S.Supreme Court in 1980 upheld a lower court determination that Penthouse magazine was obscene.

Accepted Answer

A) True 
 B)False

Question 17

In one of the Supreme Court's most thorough defenses of the categorical obscenity exclusion,Paris Adult Theatre I v.Slaton,the Court said that

Accepted Answer

A)  there is substantial scientific data demonstrating that obscenity is harmful.
B)  scientific data supporting the obscenity exclusion is sparse,but constitutionally sufficient.
C)  scientific evidence of harm is unnecessary.

Question 18

Sexually explicit material,even if not obscene,may be regulated through zoning and postal laws.

Accepted Answer

A) True 
 B)False

Question 19

Broadcasters are permitted to air "indecent" programming for adults during a period of the day called the

Accepted Answer

A)  Miller time.
B)  adult format.
C)  safe harbor.
D)  None of the above; indecency is now banned 24 hours a day.

Question 20

After prior efforts were invalidated by the courts,Congress in 1998 again sought to prohibit "indecency" in cyberspace when it passed a statute called the

Accepted Answer

A)  Decency in America Act (DA
A)  .
B)  Internet Safety and Development Act.
C)  Computer Expression Act.
D)  Child Online Protection Act (COP
A)  .

Exam 11: Obscenity and Indecency

According to the ruling in Pope v.Illinois,all three parts of the Miller test are to be determined with reference to local community standards.

The Supreme Court has made it clear that the Miller standard identifies only materials that might be called "hard-core."

What did the Meese Commission conclude in 1986?

The FCC's definition of indecency is different from obscenity in what respect?

In Cruz v.Ferre a federal Court of Appeals held that

In FCC v.Pacifica Foundation the Supreme Court upheld the restriction against broadcast indecency on two grounds.What were they?

A few jurisdictions have attempted to curb sexually explicit materials by declaring them a violation of women's civil rights.Have these efforts been successful? Explain.

Which of the following is NOT one of the elements of the Miller test for obscenity?

In the mid 1990s one broadcast organization agreed to pay $1.7 million in fines for indecency violations that occurred

In some cases persons convicted of obscenity violations may be subject to property forfeitures under the

The Supreme Court laid the general foundation for today's approach to obscenity law in what 1950s case?

Throughout the seventeenth and eighteenth centuries,common law courts in England frequently dealt out severe punishment against distributors of sexually explicit material.

If material is obscene under the Miller test,this means that

Production and distribution of obscene materials was a crime throughout most of the United States by the

Which of the following is the broad term used to describe all material that is sexually explicit and intended primarily for the purpose of sexual arousal?

The U.S.Supreme Court in 1980 upheld a lower court determination that Penthouse magazine was obscene.

In one of the Supreme Court's most thorough defenses of the categorical obscenity exclusion,Paris Adult Theatre I v.Slaton,the Court said that

Sexually explicit material,even if not obscene,may be regulated through zoning and postal laws.

Broadcasters are permitted to air "indecent" programming for adults during a period of the day called the

After prior efforts were invalidated by the courts,Congress in 1998 again sought to prohibit "indecency" in cyberspace when it passed a statute called the