Chp 11 - Obscenity/Indecency
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Created by:
stephmilitello on November 29, 2011
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11 terms
Terms | Definitions |
|---|---|
 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 |
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