Ch.12 Questions and Answers
13. How did the U.S. Supreme Court define obscenity in the Miller case? Defined with The Miller test which gauges whether a work:
●to the "average person, applying contemporary community standards" would find that it, taken as a whole, appeals to the prurient interes...
Ch.12 Questions and Answers
13. How did the U.S. Supreme Court define obscenity in the Miller case? Defined with
The Miller test which gauges whether a work: - answer ●to the "average person,
applying contemporary community standards" would find that it, taken as a whole,
appeals to the prurient interest.
●Depicts or describes sexual conduct specifically defined by applicable state law in a
patently offensive way
●Lacks serious literary, artistic, political, or scientific value
14. What is the legal difference between pornography and obscenity? Indecency? -
answer Obscenity: A legal term Not protected under the First Amendment Prohibited,
by statute and regulation, from being aired at any time.
Pornography: Not a legal term Protected under the First Amendment Subject to zoning
laws
Indecency: A legal term Outside protection of the First Amendment depicts or describes
sexual or excretory activities regulated by the FCC
-Indecency contains patently offensive sexual or excretory material that does not rise to
the level of obscenity. Language or material that, in context, depicts or describes, in
terms patently offensive as measured by contemporary community standards for the
broadcast medium, sexual or excretory organs or activities.
15. What level of First Amendment protection does obscenity receive? - answer
NONE, not constitutionally protected speech
Generally bans on obscenity prohibit sale, display, distribution, importation of materials
16. Is it legal to buy, sell, or distribute obscenity? - answer No; It's a crime to
possess, sell, distribute, or produce obscene material.
17. Can non-obscene sexual expression be regulated? In what ways? - answer a.
obscene expression can be banned outright
b. non-obscene sexual expression can be restricted
c. subject to intermediate scrutiny constitutional analysis
d. Time, Place, Manner restrictions
Reasoning:
Substantial gov't interest,
narrowly drawn statute advancing the interest, alternative channels,
, content-neutral.
18. What is indecency in broadcasting? How is it regulated? - answer Language or
material that, in context, depicts or describes, in terms patently offensive as measured
by contemporary community standards for the broadcast medium, sexual or excretory
organs or activities.
Time, Place,Manner restrictions
19. How does the regulation of indecency differ from the regulation of obscenity? -
answer -Indecency Protected by 1st Amendment; Cannot be broadcast during times
of the day when children may be in the audience.
-Obscenity: prohibited from airing; no 1st amend protection
20. What is considered a "safe harbor" in indecency? - answer 10pm-6am, because
Kids are sleeping
21.What did CPPA, COPA and CIPA provide respectively?How did they fare in court? -
answer - CPPA (Child Pornography Protection Act): illegal to send/possess digital
images of child pornography. applied whether image was made by computer or an
actual photograph.
-COPA (Child Online Protection Act): banned internet distribution to cihldren of material
"harmful to minors." restricted transmitting harmful content applied only to people
intending to profit from using the internet.
-CIPA (Children Internet Protection Act): stop money from going to schools and libraries
that don't install "technology protection measures" on computers accessible to the
Internet. Congress has right to set conditions for receipt of federal money
25. What is a patent? What is a trademark? What is a service mark? What is a
copyright? - answer 1) patent- grant made by the government to the inventor
conveying the exclusive right to make, use and sell the invention for a term of 20 years.
2) trademark- any word, name or symbol used by a manufacturer in commerce to
distinguish his goals from those of others; 10 year term; renewable indefinitely.
3) copyright- right granted by statute to the author or originator of certain literary or
artistic productions, whereby that person has the exclusive privilege of multiplying,
publishing and selling them.
4) service mark-accomplishes the same purpose for services a firm provides.
26. What part of the Constitution gives Congress the authority to make copyright law? -
answer Article 1, Section 8- promote the progress of science and useful arts, by
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