Chp 11 - Obscenity/Indecency
|Obscenity||legal definition established in Miller v. California, 1973; remains the current definition of obscenity:|
1. An average person, applying contemporary local [not national] community standards, finds that the work, taken as a whole appeals to prurient interest.
2. The work depicts in a patently offensive way sexual conduct specifically defined by state law.
3. The work in question lacks serious literary, artistic, political, or scientific value.
|Indecent material||Material which may be sexually graphic and may be limited to adults only, but is not outside of First Amendment protection. (Adult material, sexually explicit material). FCC v. Pacifica provides a definition of indecency in broadcast media.|
|pornography||broad term used to describe sexually explicit materials that can apply both to indecent materials and also obscenity sometimes|
|Comstock Law (1873)||one of the first regulations of obscenity; said that obscene books, pamphlets, pictures, etc. were non-mailable. Its weakness - it didn't define obscenity.|
|Hicklin Rule||borrowed from the British, first widely used definition of obscenity, first used by the courts in the late 1800s: A work is obscene if it has a tendency to deprave and corrupt those whose minds are open to such immoral influences and into whose hands it might fall -if a part of the work is obscene then the whole work is obscene.|
|Patently offensive||re the Miller v. California definition of obscenity; many states use Rehnquist's words: representation or description of the ultimate sex act, normal or perverted, actual or simulated; representation or description of masturbation, excretory functions, and lewd exhibition of the genitals.|
|Child Pornography Prevention Act of 1996||prohibits any depiction of a minor or appearing to be a minor engaging in sexually explicit conduct|
|PROTECT ACT||[Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act] - replaces COPA, makes it illegal to send or receive an image that is indistinguishable from that of a minor in a sexual situation.|
|Communication Decency Act||included in the 1996 Telecommunications Act, directed at indecent materials on the internet, was found unconstitutional in Reno v. ACLU, 1997.|
|Child Online Protection Act||1998 - allows FTC to regulate internet sites that collect personal information from children under 13.|
|Children's Internet Protection Act||required public libraries to have internet filtering devices, no federal funding if they didn't install the software|