What is judicial review?

The power of the courts to declare a government action to be unconstitutional.

What is the modern definition of privacy? And what circumstances does it apply to?

The right to be left alone; it only exists when there is reasonable and justifiable to expect privacy.

The phrase “Fuck the draft” was part of what case?

Cohen v. California, (1971).

Is child pornography protected by the First Amendment?

Yes, with limitations.

1. Child pornography is illegal.

2. Porn being distributed to children is illegal.

3. How porn is marketed (adult material stays away from schools and children).

Is Indecency protected by the First Amendment?

Yes, with limitations.

1. Broadcasting (using the public airwaves).

What organization monitors broadcasting indecency?

Federal Communications Commission.

What is the Safe Harbor Rule?

A time between 10 p.m. to 6 a.m. where the FCC allows broadcast to air potentially indecent content that would otherwise be restricted, since that is when kids are most likely to be asleep and therefore less likely to see it; (this only applies to indecency; not obscenity - that always remains prohibit).

Is obscenity protected by the First Amendment?

No! There are No exceptions to obscenity being protected by the First Amendment.

What is the Roth Test of 1957?

Determines the material is obscene if an average adult applying contemporary community standards would find that the dominant theme appeals to prurient interest and the material is utterly without redeeming social importance.

What are the “community standards” for the Roth Test of 1957?

National community standards.

What is the Roth-Memoirs Test of 1966?

It stated that no work is obscene unless it is utterly without redeming social value.

Which two expansions to the Roth-Memoirs Test did the Miller test give us?

1. Moved to local community standards (instead of national).

2. “Serious” value requirement.

Did the Miller test increase successful prosecutions?

No, it did not.

What is the precedent of Stanley v. Georgia (1969)

There is a right to possess obscene material for personal use in the privacy of one’s home.

What is the precedent of Osborne v. Ohio (1990)?

There is no such right to child porn.

What are the three ways to control adult material?

1. Protect children from exposure.

2. Marketing restrictions.

3. Zoning regulations.

What are zoning laws?

Restricting where adult businesses may be located.

What are the three voluntary ways to control adult material?

1. Movie rating systems.

2. TV ratings.

3. “Parental Advisory” labels on music.

What is a hate crime?

Hate crimes are targeted conduct that is illegal.

What is hate speech?

Hate speech is freedom of expression protected by the First Amendment.

What is the context of Texas v. Johnson (1989)?

Johnson burned an American flag and was sued for doing it.

What is the precedent of Texas v. Johnson (1989)?

(The court established that) Flag-burning is protesting in the form that it is considered symbolic speech, which is protected by the First Amendment.

What is symbolic speech?

Action for the purpose of communicating a political idea.

What was the outcome of Hustler Magazine v. Falwell (1988)?

There was an intentional infliction of emotional distress on a public figure. However, the ad explicitly stated that it was a parody (not to be taken seriously) which is protected by the First Amendment.

What is the context of FCC v. Pacifica (1978)?

Pacifica aired George Carlin’s “7 Dirty Words You Can’t Say on TV” A father and son heard it on the radio during the day and the father was furious that content of that nature was playing at that time of day.

What is the precedent of FCC v. Pacifica (1978)?

Upheld the FCC’s authority to regulate indecent material on public airways due to a compelling interest to protect children.

How can one define hate speech?

Speech that is intended to insult, offend, or intimidate a person because of some trait (such as: race, religion, sexual, orientation, gender identity, national origin, or disability).

What is the Children’s Internet Protection Act of 2000?

Required schools and libraries to out blockers on their computers in order to protect children from adult material.

What is a V-Chip?

A required feature in all U.S. televisions since 2000 that allows parents to block programs based of their content rating (voluntary regulation).

What is a fleeting expletive?

A non-scripted verbal profanity or obscenity expressed and broadcast during a live television broadcast or radio broadcast.

What was the FCC’s fleeting expletives policy?

Modified in 2004 to a zero-tolerance policy. In 2012, The U.S. Supreme Court declined an opportunity to declare it unconstitutional, although it is still ambiguous today.

What is the purpose of FCC’s Ergregious Cases Policy?

Narrow the focus of indecent enforcement to only the most severe violations.