Obscenity and Protected Speech

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Questions and Answers

Explain the significance of the Miller test in relation to obscenity laws in the United States.

The Miller test refined the concept of contemporary community standards for obscenity and set specific guidelines for what could be considered legally obscene. It stressed the relevance of local community standards and includes a three-part test for determining obscenity.

What was the outcome of the Supreme Court decision regarding child pornography in 1982?

The Supreme Court unanimously outlawed child pornography, even if the pictures were not obscene under the Miller test.

What was the focus of the Ferber decision and what did it encompass?

The Ferber decision focused on preventing sexual exploitation of children and was limited to photographs and movies, not merely verbal descriptions.

In what year did Congress make it illegal to use computer technology to depict children in sexual situations?

In 1996, Congress made it illegal to use computer technology to depict children in sexual situations. Signup and view all the answers

What was the aim of the Communications Decency Act of 1996?

The aim of the Communications Decency Act of 1996 was to criminalize the use of telecommunications devices to transmit obscene or indecent communications to minors. Signup and view all the answers

Why was the Communications Decency Act of 1996 deemed unconstitutional by the Supreme Court in 1997?

The Supreme Court held that the Communications Decency Act was unconstitutional because it restrained protected adult speech too much. Signup and view all the answers

What is the role of the Child Exploitation and Obscenity Section (CEOS)?

CEOS works with the FBI and U.S. Attorney's Offices to investigate and prosecute violations of federal obscenity law. It recognizes the importance of local community standards in obscenity enforcement and works with local U.S. Attorney's Offices to coordinate nationwide investigations. Signup and view all the answers

What did the study commissioned by the Justice Department find in relation to sexually explicit material and aggressive behavior toward women?

The study found a direct relationship between viewing sexually explicit material and aggressive behavior toward women. Signup and view all the answers

According to the study commissioned by the Justice Department, what link was found between viewing non-violent sexually explicit material and discrimination against women in society?

The study found a link between viewing non-violent sexually explicit material and discrimination against women in society. Signup and view all the answers

Explain the three-part test used to determine obscenity.

The three-part test to determine obscenity involves assessing whether the work as a whole appeals to prurient interest, depicts hardcore sexual activity in a patently offensive way, and lacks serious literary, artistic, political, or social value. Signup and view all the answers

What was the Hicklin test, and when was it followed?

The Hicklin test, followed from 1879 to the early 1930s, deemed a work obscene if any part had the tendency to deprave and corrupt individuals. Signup and view all the answers

What did the federal Anti-Obscenity Act (Comstock Act) of 1873 make illegal?

The federal Anti-Obscenity Act (Comstock Act) of 1873 made it illegal to send or possess obscene materials, leading to widespread censorship of materials referencing sex. Signup and view all the answers

How did the Roth v. United States case reject the Hicklin test?

In the Roth v. United States case (1957), the Supreme Court rejected the Hicklin test and defined obscenity based on whether the material's dominant theme appeals to prurient interest. Signup and view all the answers

What did the Stanley v. Georgia case affirm?

The Stanley v. Georgia case (1969) affirmed the right to possess obscene materials in one's own home, emphasizing individual freedom in consuming such content. Signup and view all the answers

What did the Miller v. California (1973) establish?

Miller v. California (1973) established the Miller test, which is still used today to evaluate obscenity, focusing on community standards and the work's literary, artistic, political, or social value. Signup and view all the answers

What was involved in the Miller case?

The Miller case involved a pamphlet advertising 'Intercourse' and 'Sex Orgies Illustrated,' leading to a conviction under California Penal Code 311 for sending unsolicited obscene advertising through the mail. Signup and view all the answers

What did Justice Marshall's opinion in Stanley v. Georgia emphasize?

Justice Marshall's opinion in Stanley v. Georgia emphasized that the First Amendment protects individuals from government control over their private consumption of books and films. Signup and view all the answers

What did the Jacobellis v. Ohio case rule?

In the Jacobellis v. Ohio case (1964), the Supreme Court ruled that obscene material must be 'utterly without redeeming social value.' Signup and view all the answers

What did the Roth case establish for evaluating obscenity?

The Roth case established a five-part structure for evaluating obscenity, considering an ordinary person's perspective, contemporary community standards, the work's entirety, and its tendency to excite prurient interests. Signup and view all the answers

What is the focus of the Miller test in evaluating obscenity?

The Miller test focuses on community standards and the work's literary, artistic, political, or social value. Signup and view all the answers

What continues to be used to evaluate whether material is considered obscene?

The Miller test continues to be used to evaluate whether material is considered obscene, taking into account contemporary community standards and the work's value in literary, artistic, political, or social aspects. Signup and view all the answers

Study Notes

Understanding Obscenity and Protected Speech

The Foundation for Individual Rights and Expression (FIRE) provides an explanation of obscenity and protected speech through a three-part test.
The three-part test to determine obscenity involves assessing whether the work as a whole appeals to prurient interest, depicts hardcore sexual activity in a patently offensive way, and lacks serious literary, artistic, political, or social value.
The Hicklin test, followed from 1879 to the early 1930s, deemed a work obscene if any part had the tendency to deprave and corrupt individuals.
The federal Anti-Obscenity Act (Comstock Act) of 1873 made it illegal to send or possess obscene materials, leading to widespread censorship of materials referencing sex.
In the Roth v. United States case (1957), the Supreme Court rejected the Hicklin test and defined obscenity based on whether the material's dominant theme appeals to prurient interest.
The Roth case established a five-part structure for evaluating obscenity, considering an ordinary person's perspective, contemporary community standards, the work's entirety, and its tendency to excite prurient interests.
In the Jacobellis v. Ohio case (1964), the Supreme Court ruled that obscene material must be "utterly without redeeming social value."
The Stanley v. Georgia case (1969) affirmed the right to possess obscene materials in one's own home, emphasizing individual freedom in consuming such content.
Miller v. California (1973) established the Miller test, which is still used today to evaluate obscenity, focusing on community standards and the work's literary, artistic, political, or social value.
The Miller case involved a pamphlet advertising "Intercourse" and "Sex Orgies Illustrated," leading to a conviction under California Penal Code 311 for sending unsolicited obscene advertising through the mail.
Justice Marshall's opinion in Stanley v. Georgia emphasized that the First Amendment protects individuals from government control over their private consumption of books and films.
The Miller test continues to be used to evaluate whether material is considered obscene, taking into account contemporary community standards and the work's value in literary, artistic, political, or social aspects.

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Description

Test your knowledge of obscenity and protected speech with this quiz covering landmark cases and tests used to evaluate whether material is considered obscene. Explore the historical evolution of obscenity law and understand the criteria used to determine the boundaries of protected speech.