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Regulation of Obscene and Other Erotic Material

Multiple Choice Quiz



1

From a historical standpoint, it seems:
A)Compelling evidence shows the constitutional framers did not intend to protect obscenity.
B)There was little or no erotic material available during the North American colonial period.
C)Pre-Revolutionary laws against blasphemy were intended to be used against obscenity.
D)All of the above are correct.
2

The modern legal definition of obscenity:
A)Finally has provided clear and unanimous agreement on what is obscene.
B)Remains amorphous.
C)Is unlikely to lead to self-censorship.
D)Couldn't limit public access to news articles and informative essays.
3

The Comstock Act of 1873:
A)Declared all obscene matter nonmailable.
B)Is still the law today.
C)Was the first antiobscenity statute.
D)Both A and B are correct.
4

Jurors considering community standards:
A)Are supposed to rely on their own standards as representative of the community.
B)Are supposed to rely on their knowledge of the standards of community residents.
C)Must consider the needs of community members and children who may be especially sensitive to obscenity.
D)A and C are correct.
E)B and C are correct.
5

Under current obscenity law, community standards usually means:
A)National standards since most media are distributed nationally and are widely available.
B)State standards since communities within the same state supreme court jurisdiction follow the same precedents.
C)City or county standards because each local community has different notions about what is acceptable.
D)Whatever the judge decides. This point of law remains unclear.
6

In Ward v. Illinois (1977), the U.S. Supreme Court said material usually would be found patently offensive only if it:
A)Included violence as well as sex.
B)Was hard-core sexual material.
C)Included children.
D)Showed full frontal nudity.
7

Under the three-part Miller test, serious literary, artistic, political and scientific value is supposed to be determined by:
A)Individual jurors' views.
B)Experts.
C)Whether a reasonable person could find serious value in the work.
D)The judge.
8

In Soundgarden v. Eikenberry (1992), the Washington Supreme Court said the state's variable obscenity law regulating the sale of recordings, tapes and CDs to minors was unconstitutional because it:
A)Regulated speech that was not obscene for adults.
B)Did not adequately define obscenity.
C)Created a chilling effect on speech that was not obscene.
D)A and C.
E)All of the above.
9

Child pornography:
A)Is not protected by the Constitution.
B)May be prohibited even when it is not obscene under the Miller standard.
C)May trigger prosecution for possession as well as for distribution.
D)All of the above are correct.
10

The 1996 Child Pornography Prevention Act:
A)Was justified as a means to protect children from being exploited.
B)Was upheld by five U.S. Courts of Appeals - the 1st, 4th, 5th, 9th and 11th.
C)Was declared unconstitutional by the Supreme Court.
D)All of the above are correct.
11

The federal RICO law:
A)May be used to inflict harsher penalties on pornographers than are available from traditional obscenity laws.
B)Relieves law enforcement authorities of constitutionally mandated safeguards.
C)May be used to justify confiscation of pornographic materials prior to a trial.
D)All of the above are correct.
12

Mailing obscene material to customers of the U.S. Postal Service:
A)Is illegal.
B)Is illegal if the postal patron filed a request not to receive such material with the Postal Service.
C)Is legal.
D)Is legal if the postal patron filed a request to receive such material with the Postal Service.
13

In Alexander v. Minneapolis (1991), the 8th U.S. Circuit Court of Appeals said cities:
A)Could not limit adult businesses to one area.
B)Did not have to be concerned about the effects of rent on adult businesses.
C)Must make sure their ordinances did not reduce the number of adult businesses.
D)Could restrict the sale of pornography because it harms women.
14

In a 1997 ruling on the unconstitutionality of the Communications Decency Act, the Supreme Court:
A)Accepted the government's argument that the Internet should be regulated like a broadcasting station.
B)Placed limits on the way the government would be allowed to prosecute distributors of obscenity over the Internet.
C)Ruled the law was overbroad because it prohibited the creation and distribution of constitutionally protected speech among adults.
D)A and C are correct.
15

In Mainstream Loudoun v. Board of Trustees of the Loudoun County Library (1998), the U.S. District Court said the library:
A)Could place filters on all of its computers.
B)Could place filters on computers used by children.
C)Could not place filters on computers that were used by adults.
D)Could not place filters on any of its computers.