Terms : Hide Images
| sexually explicit speech is not protected by the First Amendment | ||
| does not have legal definition and is a catchall term used in non-legal speech | ||
| material that may be sexually graphic; often referred to as adult material or sexually explicit material | ||
| a narrow class of material defined by the Supreme Court in the Miller test. Sometimes referred to as hard-core pornography. | ||
| 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 it might influence the mind of a child, it was obscene for everyone. | ||
| 1957 | ||
| 1. the dominant theme of the material taken as a whole must appeal to prurient interest in sex 2. a court must find tha the material is patently offensive because it affront contemporary community standards relating to the description or representation of sexual matters 3. it must be utterly without redeeming social value | ||
| 1973, resulted in the Miller Test | ||
| 1. an average person, applying contemporary local community standards finds that the work appeals to prurient interest in sex 2. the work depicts in a patently offensive way sexual conduct specifically defined by applicable state law 3. the work in question lacks serious literary, artistic, political or scientific value | ||
| shameful or morbid inteerest in nudity, sex or excretion | ||
| exclusively with sexually oriented content, not violent stories or images | ||
| state standards, all communities within the same state share the same standards | ||
| representations or discriptions of ultimate sexual acts, normal or perverted, actual or similated, and representations or descriptions of masturbation, excretory functions, and lewd exhibitions of genitals | ||
| The test is not if a reasonable person from the community can find value, but if a person COULD find value in an "obscene" material | ||
| means that states can have two standards for the obscene, one for adults and one for minors under 18 years old. Cannot interfere with the flow of information to adults | ||
| struck down because it banned the idea of child pornography, the statute prohibited the depiction or advertisement which might suggest that children had produced the material | ||
| banned material that reflects the belief or inteded others to believe that the material contains illicit child porography | ||
| The state said that before a person can be convicted of selling obscene material the person had to be aware of the content they were selling. | ||
| it is still illegal to send obscentiy through the mail regardless of how it is delivered | ||
| largely outdated today because 1) adult theatres have become virtually extinct 2) most commercial theatres don't show movies rated NC-17 Motion pictures were not granted full First Amendment protection until 1952 | ||
| 1. zoning regulations 2. expressive content regulations | ||
| 1)serve a substantial state interest 2) does not completely ban all SOBs in the municipality and unreasonably limit alternative avenues of communications | ||
| 1. minimum distance requirements between dancers and patrons 2. stage height requirements 3. railing requirements around stages 4. rules against direct tipping 5. minimum levels of lighting 6. rules prohibiting doors and partitions on booths and VIP rooms these rules attempt to address secondary effects of SOBs | ||
| Entertainment Software Rating Board- the gaming companies rating system on indecent material | ||
| made it a crime to transmit indecent material or sallow indecent material to be transmitted over public computer networks to which minors have access | ||
| the US Supreme Court held unconstitutional the CDA's provsion protecting minors from "indecent" or "patently offensive" material calling it overbroad | ||
| COPA made it as crime to knowingly transmit indecent material to minors over the internet. Harmful material was defined as material that, with respect to minor, is specifically created to appeal to prurient interests, that graphically depicts lewd or sexually explicit behavior, and that lacks serious literary artictic or scientific value | ||
| COPA was struck down for being too broad, Justice Kennedy wrote that some internet filters for children are less broad | ||
| The Supreme Court upheld this law, which says that if libraries want to continue to recieve federal funding they must install filters on the computers that children are allowed to use. |
