Question 1

Which of the following is the broad term used to describe all material that is sexually explicit and intended primarily for the purpose of sexual arousal?
A)Obscenity
B)Blasphemy
C)Pornography
D)Indecency

Accepted Answer

Pornography is the broad term used to describe all material that is sexually explicit and intended primarily for the purpose of sexual arousal. Obscenity refers to material that is offensive and lacks artistic or literary merit. Blasphemy refers to material that is disrespectful or irreverent towards religion. Indecency refers to material that may be offensive or inappropriate for certain audiences, such as on broadcast television during certain hours.

Question 2

What did the Meese Commission conclude in 1986?
A)There is no compelling evidence that exposure to explicit sexual materials is a cause of delinquent behavior.
B)There is reliable evidence linking exposure to explicit sexual materials and a significant decline in adolescent morality.
C)Exposure to sexually explicit materials that are violent leads to more aggressive attitudes toward women and probably greater sexual violence.
D)Pornography is financed primarily with money from organized crime.

Accepted Answer

The Meese Commission concluded that exposure to sexually explicit materials, particularly those that are violent, leads to more aggressive attitudes toward women and probably greater sexual violence.

Question 3

In some cases persons convicted of obscenity violations may be subject to property forfeitures under the
A)federal Pandering Act.
B)RICO Act.
C)Child Pornography Control Act.
D)Telecommunications Act.

Accepted Answer

Property forfeitures can be imposed under the RICO (Racketeer Influenced and Corrupt Organizations) Act for various criminal activities, including obscenity violations.

Question 4

The U.S.Supreme Court in 1980 upheld a lower court determination that Penthouse magazine was obscene.

Accepted Answer

In 1980, the U.S. Supreme Court did not uphold a lower court determination that Penthouse magazine was obscene. The Court has generally protected the publication of adult material under the First Amendment, provided it does not meet the legal definition of obscenity established in Miller v. California (1973).

Question 5

The first Presidential Commission on Obscenity and Pornography concluded that
A)pornography is linked to increased rates of sexual assault.
B)pornography is addicting and is damaging to the U.S.economy.
C)evidence shows a connection between sexually explicit materials and increases in general criminal behavior.
D)there is no reliable evidence linking pornography with delinquent or criminal behavior.

Accepted Answer

The first Presidential Commission on Obscenity and Pornography concluded that there is no reliable evidence linking pornography with delinquent or criminal behavior.

Question 6

Sexually explicit material,even if not obscene,may be regulated through zoning and postal laws.

Accepted Answer

Zoning laws can regulate the location of adult businesses, such as strip clubs and adult bookstores, while postal laws prohibit the sending of sexually explicit material through the mail. Both types of laws can regulate sexually explicit material without violating the First Amendment.

Question 7

The Supreme Court has made it clear that the Miller standard identifies only materials that might be called "hard-core."

Accepted Answer

The Supreme Court has indeed made it clear that the Miller standard identifies only materials that might be called "hard-core," such as obscenity that is utterly without redeeming social value.

Question 8

According to the ruling in Pope v.Illinois,all three parts of the Miller test are to be determined with reference to local community standards.

Accepted Answer

In Pope v. Illinois, the Supreme Court ruled that while the first two parts of the Miller test should be determined using local community standards, the third part, which asks whether the work lacks serious literary, artistic, political, or scientific value, should be evaluated based on a reasonable person standard, not local community standards.

Question 9

Throughout the seventeenth and eighteenth centuries,common law courts in England frequently dealt out severe punishment against distributors of sexually explicit material.

Accepted Answer

The answer of Throughout the seventeenth and eighteenth centuries,common law...

Question 10

Which of the following is NOT one of the elements of the Miller test for obscenity?
A)The average person,applying contemporary community standards,would find that the work appeals to the prurient interest.
B)The work depicts patently offensive violence or force for its own sake.
C)The work depicts in a patently offensive way sexual conduct as defined by state law.
D)The work,taken as a whole,lacks serious literary,artistic,political,or scientific value.

Accepted Answer

The Miller test consists of three elements:
1. The average person, applying contemporary community standards, would find that the work appeals to the prurient interest.
2. The work depicts sexual conduct in a patently offensive way as defined by state law.
3. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value. 
Option B states violence or force, which is not an element of the Miller test for obscenity.

Question 11

Broadcasters are permitted to air "indecent" programming for adults during a period of the day called the
A)Miller time.
B)adult format.
C)safe harbor.
D)None of the above; indecency is now banned 24 hours a day.

Accepted Answer

Broadcasters are permitted to air "indecent" programming for adults during a period of the day called the safe harbor. Safe harbor is a time from 10 pm to 6 am when the Federal Communications Commission (FCC) allows stations to air content that may be inappropriate for children. This time period is considered safe for adults to watch without worrying about children stumbling upon sensitive content.

Question 12

The Supreme Court laid the general foundation for today's approach to obscenity law in what 1950s case?
A)Roth v.United States
B)Paris Adult Theatre I v.Slaton
C)Miller v.California
D)Pope v.Illinois

Accepted Answer

In Roth v. United States (1957), the Supreme Court established a definition of obscenity that focused on whether the material appealed to the prurient interest, was patently offensive, and lacked serious literary, artistic, political, or scientific value. This standard has been refined and modified over the years, but it still provides the basis for obscenity law in the United States. The other cases listed (Paris Adult Theatre I v. Slaton, Miller v. California, and Pope v. Illinois) were important in shaping the development of obscenity law, but Roth v. United States was the key case that laid the general foundation for the approach used today.

Question 13

Production and distribution of obscene materials was a crime throughout most of the United States by the
A)mid-1700s.
B)mid-1800s.
C)early 1900s.
D)mid-1900s.

Accepted Answer

In the mid-1800s, most states began passing laws against the production and distribution of obscene materials. Obscenity was not considered protected speech under the First Amendment until the mid-1900s, when the Supreme Court began to clarify the constitutional limits on obscenity laws.

Question 14

In the mid 1990s one broadcast organization agreed to pay $1.7 million in fines for indecency violations that occurred
A)during mid-day soap operas on TV.
B)when adult videos were accidentally aired too early in the evening.
C)during "The Howard Stern Show."
D)during a series of news broadcasts about sexual problems.

Accepted Answer

The mention of "The Howard Stern Show" being responsible for the indecency violations narrows down the answer to option C.

Question 15

In Cruz v.Ferre a federal Court of Appeals held that
A)the Pacifica doctrine also applies to cable TV programming.
B)indecency may be banned from cable 24 hours a day.
C)the Pacifica doctrine does not apply to the cable medium.
D)the city of Miami had no jurisdiction over local cable content.

Accepted Answer

In Cruz v. Ferre, the federal Court of Appeals held that the Pacifica doctrine, which allows the government to regulate indecent content on broadcast TV and radio, does not apply to the cable medium. Therefore, the correct answer is C.

Question 16

After prior efforts were invalidated by the courts,Congress in 1998 again sought to prohibit "indecency" in cyberspace when it passed a statute called the
A)Decency in America Act (DAA).
B)Internet Safety and Development Act.
C)Computer Expression Act.
D)Child Online Protection Act (COPA).

Accepted Answer

The Child Online Protection Act (COPA) was passed by Congress in 1998 in an attempt to prohibit "indecency" in cyberspace. However, it was also invalidated by the courts before ever being enforced.

Question 17

In one of the Supreme Court's most thorough defenses of the categorical obscenity exclusion,Paris Adult Theatre I v.Slaton,the Court said that
A)there is substantial scientific data demonstrating that obscenity is harmful.
B)scientific data supporting the obscenity exclusion is sparse,but constitutionally sufficient.
C)scientific evidence of harm is unnecessary.

Accepted Answer

In Paris Adult Theatre I v. Slaton, the Court stated that scientific evidence of harm is unnecessary for the categorical obscenity exclusion. The Court emphasized that the exclusion is based on community standards and the idea that obscene materials are without redeeming social value, regardless of their impact on viewers. Therefore, choice C is the best answer.

Question 18

In FCC v.Pacifica Foundation the Supreme Court upheld the restriction against broadcast indecency on two grounds.What were they?

Accepted Answer

The answer of In FCC v.Pacifica Foundation the Supreme Court...

Question 19

The FCC's definition of indecency is different from obscenity in what respect?
A)For indecency there is no requirement of appeal to prurient interest.
B)For indecency there is no built-in protection for material that contains artistic value.
C)Both of the above.
D)None of the above.

Accepted Answer

The FCC defines indecency as material that, in context, depicts or describes sexual or excretory organs or activities in a way that does not meet the three-prong test for obscenity. The key differences are that indecency does not require an appeal to the prurient interest (as obscenity does) and there is no exception for material with serious artistic value, which is a consideration in determining obscenity.

Question 20

If material is obscene under the Miller test,this means that
A)only the federal government may regulate it.
B)the material violates the U.S.Constitution.
C)jurisdictions may outlaw the material if they wish.
D)the material is illegal in every state.

Accepted Answer

The Miller test is used to determine whether material is considered obscene under the law. If material is deemed obscene, jurisdictions may outlaw it if they wish. However, the federal government may also regulate it if they choose to do so. It does not necessarily mean that the material violates the U.S. Constitution or is illegal in every state.

Quiz 11: Obscenity and Indecency

Which of the following is the broad term used to describe all material that is sexually explicit and intended primarily for the purpose of sexual arousal?

What did the Meese Commission conclude in 1986?

In some cases persons convicted of obscenity violations may be subject to property forfeitures under the

The U.S.Supreme Court in 1980 upheld a lower court determination that Penthouse magazine was obscene.

The first Presidential Commission on Obscenity and Pornography concluded that

Sexually explicit material,even if not obscene,may be regulated through zoning and postal laws.

The Supreme Court has made it clear that the Miller standard identifies only materials that might be called "hard-core."

According to the ruling in Pope v.Illinois,all three parts of the Miller test are to be determined with reference to local community standards.

Throughout the seventeenth and eighteenth centuries,common law courts in England frequently dealt out severe punishment against distributors of sexually explicit material.

Which of the following is NOT one of the elements of the Miller test for obscenity?

Broadcasters are permitted to air "indecent" programming for adults during a period of the day called the

The Supreme Court laid the general foundation for today's approach to obscenity law in what 1950s case?

Production and distribution of obscene materials was a crime throughout most of the United States by the

In the mid 1990s one broadcast organization agreed to pay $1.7 million in fines for indecency violations that occurred

In Cruz v.Ferre a federal Court of Appeals held that

After prior efforts were invalidated by the courts,Congress in 1998 again sought to prohibit "indecency" in cyberspace when it passed a statute called the

In one of the Supreme Court's most thorough defenses of the categorical obscenity exclusion,Paris Adult Theatre I v.Slaton,the Court said that

In FCC v.Pacifica Foundation the Supreme Court upheld the restriction against broadcast indecency on two grounds.What were they?

The FCC's definition of indecency is different from obscenity in what respect?

If material is obscene under the Miller test,this means that