Deck 8: Applying the First Amendment to Computer-Related Crime

Question 1

Which of the following statements is NOT true regarding the Supreme Court's findings when it revisited the obscenity issue in 1973?

A) The Court recognized jurisdictional variability in standards of morality
B) The Court held that minors and adults must be treated differently.
C) The Court endorsed the notion of universal decency.
D) The Court ruled that the state has a compelling interest in protecting the welfare of children.

Answer 1

C

Question 2

Beginning with which case has the Supreme Court ruled that new media of communication must be scrutinized as they are developed and that varying media result in varying protections?

A) Regina v. Hicklin
B) Roth v. United States
C) Osborne v. Ohio
D) FCC v. Pacifica Foundation

Answer 2

D

Question 3

Which Act was struck down as the Court observed that both teenage sexual activity and the sexual abuse of children had inspired countless literary works, including that of William Shakespeare and contemporary movies?

A) Child Protection Restoration and Penalties Enhancement Act
B) Child Sexual Abuse and Pornography Act
C) Child Protection Act
D) Child Pornography Prevention Act

Answer 3

D

Question 4

In which of the following cases did the Supreme Court observe that the CPPA prohibited speech despite its serious literary, artistic, political, or scientific value?

A) Untied States v. Thomas
B) New York v. Ferber
C) Ashcroft v. Free Speech Coalition
D) Untied States v. Boos

Question 5

Which of the following is the first act specifically aimed at protecting families and children from online sexually explicit materials?

A) Child Protection Act
B) Protection of Children against Sexual Exploitation Act
C) Communications Decency Act
D) Child Protection Restoration and Penalties Enhancement Act

Question 6

Which of the following determined that obscene material is not constitutionally protected by the First Amendment?

A) Regina v. Hicklin
B) Roth v. United States
C) Osborne v. Ohio
D) U.S. v. Williams

Question 7

Which of the following did NOT uphold the constitutionality of the Child Pornography Prevention Act?

A) the First Circuit
B) the Ninth Circuit
C) the Eleventh Circuit
D) the Fourth Circuit

Question 8

Prior to the 1950s, which obscenity statute governed traditional notions of decency and obscenity?

A) Regina v. Hicklin
B) Roth v. United States
C) Osborne v. Ohio
D) U.S. v. Williams

Question 9

How has the advent of electronic communications helped child pornographers defy the existing broad laws regarding indecency and victimization of children?

A) Child pornographers argue that the Constitution guarantees their right to disseminate any information through the Internet.
B) The origin of the pornographic material available on the Internet is untraceable.
C) The Internet helps to spread pornography cheaply.
D) Child pornographers argue that virtual children lack the requisite specified victim.

Question 10

Which of the following Constitutional Amendments poses the fewest challenges to computer crime investigators faced with interpreting and applying it?

A) the First Amendment
B) the Fifth Amendment
C) the Fourteenth Amendment
D) the Fourth Amendment

Question 11

Which of the following was enacted to prohibit virtual child pornography, arguing in part that the very existence of child pornography, real or not, increased child molestation and pedophilia?

A) Child Protection and Obscenity Enforcement Act
B) Child Sexual Abuse and Pornography Act
C) Child Protection Act
D) Child Pornography Prevention Act

Question 12

Which of the following was the ground for the court to invalidate the Communications Decency Act?

A) the harshness of retribution
B) its inability to define "minor"
C) its inability to protect the interests of children
D) its overbreadth and vagueness

Question 13

Which of the following is NOT a reason for the Supreme Court's ruling that the broad-based nature of radio communication mandated a greater level of scrutiny when broadcasting programs that contained probable indecent speech?

A) The medium is available cheaply to people.
B) Radio is more accessible to children.
C) Broadcasting invaded the home of individual citizens.
D) The scarcity of frequencies allowed government regulation.

Question 14

Which Act was designed to address the problems with the Child Pornography Prevention Act?

A) PROTECT Act
B) Child Protection Act
C) Child Sexual Abuse and Pornography Act
D) Child Protection, Restoration and Penalties Enhancement Act

Question 15

Which of the following statements holds true regarding Osborne v.Ohio?

A) The Court held that a person over the statutory age who perhaps looked younger could be utilized for literary or artistic value.
B) The Court finally established a standard of scienter that had been lacking until then.
C) The court argued that any legislation must be evaluated independently, as the First Amendment does require specificity in an elemental application.
D) The Court relied on statistics and opinions gathered from sources ranging from scholars to law enforcement practitioners to child psychologists.

Question 16

In which of the following cases did the Court specifically rely on statistics and opinions gathered from sources ranging from scholars to law enforcement practitioners in order to arrive at a conclusion, marking a clear departure from the normal procedure?

A) New Yorker v. Ferber
B) Miller v. California
C) Ashcroft v. Free Speech Coalition
D) Osborne v. Ohio

Question 17

Which of the following Acts replaced the Protection of Children against Sexual Exploitation Act of 1977, in an effort to tighten prohibitions of child pornography on the federal level?

A) Child Protection and Obscenity Enforcement Act
B) Child Sexual Abuse and Pornography Act
C) Child Protection Act
D) Child Protection Restoration and Penalties Enhancement Act

Question 18

Which of the following is a principal reason for the difficulty in handling obscenity?

A) Obscenity is not punishable.
B) Obscenity is not observable.
C) Obscenity is not easily defined.
D) Obscenity can be defended under the Fourteenth Amendment.

Question 19

What makes Child Pornography Prevention Act (CPPA) different from Child Protection Act (CPA)?

A) CPPA prohibited the production and distribution of computer-generated or other mechanically altered images of minors engaging in explicit conduct.
B) CPPA upheld the Constitutional rights of the offenders who distributed computer-generated or other mechanically altered images of minors.
C) CPPA legalized the production and distribution of computer-generated or other mechanically altered images of minors engaging in explicit conduct.
D) CPPA assumed that the absence or presence of an actual victim is very relevant, as simulated child pornography did not violate a child's rights.

Question 20

Which of the following reasons was NOT cited for ruling that George Carlin's broadcast monologue Filthy was not entitled to First Amendment protection?

A) content of the communication
B) depiction of children as victims of sexual exploitation
C) pervasiveness of the selected medium
D) accessibility to children

Question 21

The Unlawful Internet Gambling Enforcement Act of 2006 aimed at ________.

A) reducing the flow of money
B) regulating the number of online gambling sites
C) preventing minors from participating in online gambling
D) legitimizing online gambling

Question 22

Prior to the 1950s, traditional notions of decency and obscenity were governed by an obscenity statute originally developed in 1868 in Regina v.Hicklin.

Question 23

The PROTECT Act retained the statutes of limitations for child abduction or child abuse.

Question 24

In an effort to tighten prohibitions of child pornography on the federal level, Congress replaced the Protection of Children against Sexual Exploitation Act of 1977 with the Child Pornography Prevention Act of 1996.

Question 25

Which of the following is NOT included in the PROTECT act as an addition to the provisions in the Child Pornography Protection Act?

A) It allows electronic surveillance in cases involving child abuse or kidnapping.
B) It forbids possession of images, movies, or anything that has sexually explicit images of children.
C) It eliminates statutes of limitations for child abduction or child abuse.
D) It provides for mandatory life sentences for minors who are deemed as habitual offenders.

Question 26

The Protection of Children Against Sexual Exploitation Act of 1977 did not expressly prohibit explicit depictions of children which did not have redeeming social value.

Question 27

In Ashcroft v.Free Speech Coalition, the court ruled that the Child Pornography Prevention Act violated the First Amendment because it lacks the required link between its prohibitions and the affront to community standards prohibited by the definition of obscenity.

Question 28

The Child Pornography Prevention Act was designed to replace the PROTECT Act.

Question 29

Which of the following ruled that PROTECT prohibited a substantial amount of protected speech?

A) the First Circuit
B) the Fourth Circuit
C) the Eleventh Circuit
D) the Ninth Circuit

Question 30

The large majority of legal issues associated with technology-specific legislation involve ________.

A) the First and Second Amendments
B) the First, Fourth, and Fourteenth Amendments
C) the First, Fourth, and Fifth Amendments
D) the First, Second and Fourteenth Amendments

Question 31

The Child Pornography Prevention Act of 1996 was enacted to prohibit virtual child pornography, arguing in part that the very existence of child pornography, real or not, increases child molestation and pedophilia.

Question 32

The Supreme Court in New York v.Ferber held that states are granted more leeway in the regulation of pornographic depictions of children than in the regulation of obscenity because the use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child.

Question 33

Traditionally, in the United States, the government relied upon the Travel Act of 1961 to prosecute online sports wagering and bookmaking activities.

Question 34

Which of the following did the government traditionally rely upon to prosecute online sports wagering and bookmaking activities?

A) Illegal Gambling Business Act
B) Unlawful Internet Gambling Enforcement Act
C) Gambling Enforcement Act
D) Wire Act

Question 35

In FCC v.Pacifica Foundation, the Court ruled that the broad-based nature of radio communication mandated a greater level of scrutiny because it was more accessible to children.

Question 36

The Child Pornography Prevention Act of 1996 prohibited material that appears to be or conveys the impression of child pornography.

Question 37

The Court held in Sable Communications, Inc.v.FCC and Turner Broadcasting System, Inc.v.FCC that telephone communications and cable broadcasts are entitled to the same level of First Amendment protection.

Question 38

In Osborne v.Ohio, the Court upheld the petitioner's interpretation and application of Stanley v.Georgia, which prohibited a state from limiting the private possession of child pornographic materials.

Question 39

The Communications Decency Act criminalized any obscene communication to a minor recipient.

Question 40

The most common judicial challenges facing computer crime investigators include inconsistent interpretations and applications of the First, Second, and Thirteenth Amendments to emerging advancements in technology.

Question 41

Summarize the traditional attempts to criminalize child pornography.

Question 42

Discuss the traditional notions of decency in the United States.

Question 43

The first act specifically aimed at protecting families and children from online sexually explicit materials was the ________ Act.

Question 44

In 1957, ________ determined that obscene material was not constitutionally protected by the First Amendment.

Question 45

The Eleventh Circuit ruled that the ________ Act prohibited a substantial amount of protected speech.

Question 46

The lack of definitive verbiage in the ________ Act of 1961 encouraged Congress to enact the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), a technology-specific legislation, to prosecute online sports wagering and bookmaking activities.

Question 47

While the First, Fourth, and Eleventh Circuits upheld the constitutionality of the ________ Act, denying it was overbroad or vague, the Ninth Circuit (California) ruled conversely.

Question 48

The Child Pornography Prevention Act of 1996 expanded the ________ Act to include the production and distribution of computer-generated or other mechanically altered images of minors engaging in explicit conduct.

Question 49

Summarize various technology specific legislations regarding child pornography in the United States.

Question 50

In addition to the traditional provisions housed with the CPPA, the PROTECT Act also includes provisions originally housed within the ________ Act.

Question 51

In the ________ case, the Supreme Court finally established a standard of scienter that had been lacking in Ferber.

Question 52

In order to tighten prohibitions of child pornography on the federal level, Congress replaced the Protection of Children against Sexual Exploitation Act of 1977 with the________ Act of 1984.

Question 53

The ________ Act was designed to overcome the constitutional challenges of overbreadth and vagueness that had been at issue in Ashcroft v.Free Speech Coalition.

Question 54

In United States v.Mento, the petitioner argued that the CPPA was unconstitutional as it unfairly abridged the ________ Amendment, as it is aimed at inhibiting the expression of child pornography itself as opposed to the secondary effect of such expression.

Question 55

In FCC v.Pacifica Foundation, the court ruled that the broad-based nature of ________ communication mandated a greater level of scrutiny.

Question 56

Prior to the 1950s, traditional notions of decency and obscenity were governed by an obscenity statute originally developed in 1868 in ________.

Question 57

The ________ Act of 2006 sought to reduce the flow of money to online gambling sites by regulating payment systems.

Question 58

The resolute silence of the ________ with regard to emerging advancements in technology has created a patchwork of constitutionality unintended by the framers of the Constitution.

Question 59

Discuss the existing legislations regarding Internet gambling and suggest remedies for the existing chaos at the international level.

Question 60

Legislation regarding Child pornography and child victimization is an area that is under rapid evolution.Do the existing laws suffice to confront the challenges ahead? Substantiate your arguments discussing the evolution of child pornography legislations.