Question 1

In 2002,the Supreme Court held that it doesn't violate the First Amendment for a city to forbid video viewing booths in a store that also sells adult books and videos.The case:

Accepted Answer

The case in which the Supreme Court held that it doesn't violate the First Amendment for a city to forbid video viewing booths in a store that also sells adult books and videos is City of Los Angeles v. Alameda Books.

Question 2

In NEA v.Finley,a 1998 decision,the Supreme Court:

Accepted Answer

In NEA v. Finley, the Supreme Court upheld Congressional restrictions on the content of artwork receiving government grants. The Court ruled that the National Endowment for the Arts could consider "general standards of decency and respect for the diverse beliefs and values of the American public" when awarding grants. This decision upheld the constitutionality of the "decency clause" that required grant recipients to meet certain criteria relating to obscenity, "respect for the diverse beliefs and values of the American public," and artistic merit.

Question 3

In City of Erie v.Pap's A.M. ,a 2000 decision,the Supreme Court:

Accepted Answer

In City of Erie v. Pap's A.M., the Supreme Court allowed a city to regulate nude dancing by upholding an ordinance that required dancers to wear pasties and a G-string, effectively banning public nudity in the context of adult entertainment. This decision did not address the broader issues of zoning for adult businesses or the legality of obscenity in performance art.

Question 4

Suppose a city adopts a zoning ordinance forbidding "adult" businesses within 500 feet of any private residence or school,thereby relegating them to various industrial and commercial areas in the town.Based on Supreme Court decisions to date,this ordinance would most likely be:

Accepted Answer

The Supreme Court has upheld zoning ordinances that restrict the location of adult businesses as long as these restrictions are content-neutral and serve a legitimate government interest, such as limiting the secondary effects of adult businesses on the surrounding community. The 500-foot distance requirement from private residences or schools in this scenario is a content-neutral restriction and serves a legitimate government interest in protecting the well-being of residents and the educational environment of schools. Therefore, this ordinance is likely to be constitutionally permissible.

Question 5

The Supreme Court in 1969 upheld the right to read or view even legally obscene adult materials in the privacy of one's home because "a state has no business telling a man,sitting alone in his own house,what books he may read or what films he may watch." The case?

Accepted Answer

Stanley v. Georgia is the Supreme Court case that upheld the right to read or view even legally obscene adult materials in the privacy of one's home because of First Amendment protection. The other options are not related to this specific case or issue.

Question 6

In its 1997 Reno v.ACLU decision,the Supreme Court ruled on the constitutionality of the Communications Decency Act.The court held that the Internet has the same First Amendment status as:

Accepted Answer

In its Reno v. ACLU decision, the Supreme Court ruled that the Internet has the same First Amendment status as newspapers and other media that enjoy the highest level of constitutional protection. The court stated that the Internet is a unique and powerful medium of communication that deserves the same protection as traditional print media. This decision helped to establish the principle of free speech online and limited the ability of government to regulate online content.

Question 7

The Supreme Court allowed a state to criminalize even the private possession of "kiddie porn" in the case of:

Accepted Answer

Osborne v. Ohio (1990) upheld a state law criminalizing the private possession of child pornography, even though it did not involve distribution or production. The court found that the state had a compelling interest in protecting children from exploitation and that the law did not violate the First Amendment.

Question 8

The Supreme Court in 2003 upheld the Children's Internet Protection Act,which requires libraries receiving federal funds for computers to use Internet filtering software on those computers.The case:

Accepted Answer

The case that addressed the Children's Internet Protection Act and the requirement for libraries receiving federal funds for computers to use Internet filtering software was U.S. v. American Library Association. This case went to the Supreme Court in 2003 and the Court upheld the law, ruling that it did not violate the First Amendment.

Question 9

The 1987 Pope v.Illinois decision of the Supreme Court:

Accepted Answer

The Pope v. Illinois decision of the Supreme Court held that an objective "reasonable man" standard must be used to determine if a work has "serious...value." This standard replaced the previous "redeeming social value" test.

Question 10

The 1981 Schad v.Mt.Ephraim decision of the Supreme Court:

Accepted Answer

The 1981 Schad v. Mt. Ephraim decision by the Supreme Court limited the use of local zoning ordinances against "adult" businesses, ruling that such businesses could not be completely banned from a municipality.

Question 11

In 1973,the Supreme Court again modified the legal definition of obscenity.The court ruled that the states could abandon the "redeeming social value" test and also allow community standards to vary from place to place (within certain limits).The case:

Accepted Answer

In Miller v. California, the Supreme Court ruled that the states could abandon the "redeeming social value" test and also allow community standards to vary from place to place (within certain limits). This case established a three-pronged test for determining whether material is obscene, which is still used today.

Question 12

In an important 1966 decision,a plurality of the Supreme Court revised the legal test for obscenity to include the lack of "redeeming social value." The case:

Accepted Answer

In the case of Memoirs v. Massachusetts, decided in 1966, the Supreme Court established the legal test for obscenity as lacking "redeeming social value." This became known as the "Miller test," named after the later case of Miller v. California which further refined the definition of obscenity.

Question 13

In 2002,the Supreme Court overturned a provision of the Child Pornography Prevention Act that banned "virtual" or simulated depictions of minors engaged in sex acts.The case:

Accepted Answer

The case that overturned the provision of the Child Pornography Prevention Act that banned "virtual" or simulated depictions of minors engaged in sex acts was Ashcroft v. Free Speech Coalition.

Question 14

During the 1800s,a high-profile crusade against pornography was led by:

Accepted Answer

Anthony Comstock was a social reformer who led the crusade against pornography in the 1800s. He was responsible for the passage of the Comstock Act of 1873, which criminalized the distribution of obscene materials through the mail. Comstock believed that pornography was harmful to society and led to moral decay. He founded the New York Society for the Suppression of Vice, which was dedicated to fighting obscenity and vice.

Question 15

In a 1964 decision,a plurality of the Supreme Court said the case cited in the last question required national standards for obscenity.This 1964 case was:

Accepted Answer

Jacobellis v. Ohio (1964) is known for its plurality opinion suggesting that national standards for what constitutes obscenity must be developed, famously including Justice Potter Stewart's "I know it when I see it" statement regarding hard-core pornography.

Question 16

During the 1950s and 1960s the Supreme Court was often unable to agree upon a majority opinion in obscenity cases because two justices took the absolutist position that no restrictions on obscene matter are permitted by the First Amendment.Which two justices took this position?

Accepted Answer

The two justices who took the absolutist position on obscenity cases were William O. Douglas and Hugo Black.

Question 17

In 1991,the Supreme Court upheld a state's use of a public decency law to ban nudity in night club performances.The case?

Accepted Answer

Barnes v. Glen Theatre was a Supreme Court case in 1991 where the court upheld a state's use of a public decency law to ban nudity in strip club performances. The case involved an Indiana law that required dancers to wear pasties and a G-string while performing. The strip club, Glen Theatre, argued that the law violated the First Amendment's protection of free expression. However, the Supreme Court upheld the law, ruling that nudity is not a form of expression that is protected by the First Amendment.

Question 18

In 1957,the Supreme Court defined obscenity by asking,"whether to the average person,applying contemporary community standards,the dominant theme of the material taken as a whole appeals to prurient interest." That was in the case of:

Accepted Answer

In 1957, the Supreme Court defined obscenity in the case of Roth v. U.S. by asking the question, "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." This case established a three-pronged test for determining obscenity, which included whether the material lacked artistic, literary, political, or scientific value.

Question 19

The Supreme Court has often allowed the states to adopt more restrictive anti-pornography laws for minors than for adults.The court rejected a constitutional challenge to such a law in:

Accepted Answer

In Ginsberg v. New York, the Supreme Court upheld a state law that prohibited the sale or rental of sexually explicit material to minors, even if the material was not legally obscene. The court held that protecting minors from harmful material was a compelling state interest that justified greater restrictions on minors' access to pornography than on adults' access.

Question 20

The U.S.Supreme Court first upheld the use of zoning to regulate the location of adult businesses in:

Accepted Answer

Young v. American Mini-Theatres was the first case in which the U.S. Supreme Court upheld the use of zoning ordinances to regulate the locations of adult businesses, recognizing the government's interest in preserving the character of neighborhoods.

Quiz 10: Obscenity and the Law