Question 1

In an obscenity prosecution against the current issue of Hustler Magazine, the jury:

Accepted Answer

The jury would be required to consider the magazine as a whole, including its literary, artistic, political, or scientific value, according to the Miller test for obscenity. This test mandates that the work be taken as a whole, rather than being judged on the basis of its most provocative parts.

Question 2

After a particularly contentious and close NASCAR race, the winning driver exults in a cable television interview that his rival drivers "can all kiss my ass." This interview is cablecast live at 7 p.m. This cablecast is:

Accepted Answer

The statement does not meet the legal definitions of obscenity, indecency, or profanity as regulated by the Federal Communications Commission (FCC), especially considering the context (a live cable television interview) and the time of broadcast (7 p.m., which is outside the FCC's enforcement hours for indecent or profane content on broadcast television, and the FCC does not regulate cable content to the same extent).

Question 3

The case in which the U.S. Supreme Court ruled that the First Amendment allows the government to seize a defendant's entire entertainment business, including constitutionally protected books and films, after a racketeering conviction:

Accepted Answer

The case in which the U.S. Supreme Court ruled that the First Amendment allows the government to seize a defendant's entire entertainment business, including constitutionally protected books and films, after a racketeering conviction is Alexander v. United States.

Question 4

A video store that rents or sells sexually-explicit DVDs only to willing adults:

Accepted Answer

According to the Supreme Court case Paris Adult Theatre v. Slaton, sexually-explicit materials can be subject to regulation if they are found to be obscene. Therefore, if the DVDs being rented or sold are determined to be obscene, the video store could be prosecuted. However, the video store still has a First Amendment right to distribute non-obscene sexually-explicit materials to willing adults. The business license requirement would depend on state and local laws.

Question 5

The case in which the U.S. Supreme Court ruled that Congress could ban obscene sexual messages provided by commercial telephone services, but could not ban indecent telephone services:

Accepted Answer

The case in which the U.S. Supreme Court ruled that Congress could ban obscene sexual messages provided by commercial telephone services, but could not ban indecent telephone services is Sable Communications v. FCC. In this case, the court held that the First Amendment protected indecent but not obscene speech in the context of telephone communications, and that while the government could regulate indecent speech, any such regulation had to be narrowly tailored and not overly broad.

Question 6

The V-Chip:

Accepted Answer

The V-Chip is a technology specifically designed for televisions to block programs based on their ratings, allowing parents to control the content accessible to their children. It is not required on computers, does not eliminate the need for indecency rules for television, works on both broadcast and cable programming, and has not been found to be unconstitutional.

Question 7

Parents who are concerned about their children's access to sexually-explicit cable television programs may:

Accepted Answer

Option A: Purchasing a V-chip equipped TV receiver and blocking reception of all programs rated TV-MA can be a useful measure to limit a child's access to sexually-explicit cable television. The V-chip technology allows parents to filter programs based on their children's age and maturity level.
Option B: Asking the cable company to block their home from receiving channels featuring sexually-explicit material can also help parents limit their children's exposure to such content. The cable company can add a parental lock to the account, blocking channels with explicit material.
Option C: Asking the cable company for a lockbox can be another useful measure. A lockbox can allow parents to physically lock away the cable box or other media devices, preventing children from accessing them.
Therefore, all three options can be effective ways to protect children from exposure to sexually-explicit cable television.

Question 8

In the Fox Broadcasting II case, the U.S. Supreme Court:

Accepted Answer

The U.S. Supreme Court found in the Fox Broadcasting II case that the FCC failed to give Fox and ABC fair notice that fleeting expletives and momentary nudity could be found indecent.

Question 9

Enforcement of broadcast indecency:

Accepted Answer

Enforcement of broadcast indecency is generally supported by Republicans and varies according to the political party affiliation of the FCC chair.

Question 10

The Illinois nonconsensual/revenge porn law:

Accepted Answer

The Illinois nonconsensual/revenge porn law is indeed considered to be one of the strongest of its kind, reflecting a significant commitment to protecting individuals' privacy in sensitive contexts. The Illinois Supreme Court has likened it to other privacy regulations, such as those governing the unauthorized disclosure of private information like medical records. However, the law specifically targets the distribution of private sexual content without consent, not regardless of consent, making choices A and B correct, but C incorrect.

Question 11

What is the definition of the following term:
-Obscenity.

Accepted Answer