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JRN 430 Final Exam Questions And Answers

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JRN 430 Final Exam Questions And Answers LAPS test -Part of the criteria for determining obscenity in Miller v. California (1973) -Work is considered obscene if it lacks "literary, artistic, political or "scientific" value." Roth v. US (1957) Roth convicted of mailing obscene materials; Supreme...

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  • October 19, 2024
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JRN 430 Final Exam Questions And Answers

LAPS test -Part of the criteria for determining obscenity in Miller v. California (1973)


-Work is considered obscene if it lacks "literary, artistic, political or "scientific" value."




Roth v. US (1957) Roth convicted of mailing obscene materials;




Supreme Court ruled (also applied to Alberts v. California) that obscenity was not protected

under 1st Amendment.




Created obscenity test: "Whether avg. person, applying contemporary standards, would view

material as a whole to apply to prurient interest."




Miller V. California (1973) modified obscenity test.




Roth-Memoirs Test (1966) 1. The dominant theme of the material taken as a whole must

appeal to prurient interest in sex.

2. A court must find that the material is patently offensive because it affronts contemporary

community standards relating to the description or representation of sexual matters.

,JRN 430 Final Exam Questions And Answers
3. Before something can be found to be obscene, it must be utterly without redeeming social

value.




Modified by 1973 Miller V. California case.




Comstock Act of 1873 Barred the mailing of obscene publications.




Supreme Court Justice Potter Stewart said what about obscenity..? "I can't define it, but I

know it when I see it."




Central Hudson Test Four-part test used by courts to determine restrictions on commercial

speech:

1. Whether adv. is misleading & whether it concerns a legal product or service.

2. Whether asserted govt. interest is substantial

3. Whether regulation directly advances asserted govt. interest

4. Whether regulation is 'not more extensive' than necessary to serve govt. interest




Miller 3 part test 1. Prurient Interest Test


2. Patent Offensiveness Test

, JRN 430 Final Exam Questions And Answers
3. Serious Value Test (LAPS Test)




Memoirs v. Massachusetts (1966) Fanny Hill case which, in conjunction with Roth,

provided the Roth-Memoirs Test for obscenity.




Book "Cleland's Memoirs of a Woman of Pleasure" deemed obscene --> not protected by first

amendment.




Ethics Brand of philosophy that deals w/ moral component of human life




Potter Box Model 4 considerations to make ethics decisions.


1. Facts

2. Values

3. Principles

4. Loyalties




Ethical Principles (5) 1. Compromise Principle


2. Categorical Imperative

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