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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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2003 McGraw-Hill Higher Education