For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person’s prurient interest; depict or describe sexual conduct in a “patently offensive” way; and, taken as a whole, lack serious literary, artistic, political or scientific value.
What constitutes obscene content?
For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value.
What constitutes obscene or indecent broadcast material?
The United States Code prohibits the broadcast of any material that is “obscene, indecent, or profane,” but offers no definition for those terms. Instead, that task is left to the FCC through its rulemaking and adjudicatory functions.
What is the three part test of obscenity?
Burger established a three-part test to define obscenity as material that appealed to prurient interest, portrayed sexual conduct "in a patently offensive way," and did not have "serious literary, artistic, political, or scientific value." Excerpts from Burger's opinion are found in the following selection.
Is obscene content protected by the First Amendment?
Each type of content has a distinct definition: Obscene content does not have protection by the First Amendment.
What are the 3 obscenity standards set by the US Supreme Court?
The three-part test asked whether the average person, applying contemporary community standards, would find the work appeals on the whole to prurient interests; describes sexual conduct in a patently offensive way; and lacks any serious literary, artistic, political or scientific value.
What are the criteria for determining if something is obscene according to the Supreme Court?
In Miller v. California, the U.S. Supreme Court established the standard for an obscenity conviction under the Constitution. A work will be found to be obscene if 'taken as a whole, (it) lacks serious literary, artistic, political, or scientific value.
What are the three rules used by the courts to determine if content is obscene and therefore illegal?
“(a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value.”
What did the Supreme Court say about obscenity?
The Supreme Court decision in United States v. Reidel, 402 U.S. 351 (1971), affirmed that laws forbidding the distribution of obscene materials were constitutional despite the Court's ruling in Stanley v. Georgia (1969), which held that persons had a right to possess obscene materials in the privacy of their own homes.
What are the 3 tests of obscenity?
The Miller test for obscenity includes the following criteria: (1) whether 'the average person, applying contemporary community standards' would find that the work, 'taken as a whole,' appeals to 'prurient interest' (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically ...
What constitutes obscene material?
Obscene material means that which the average person, applying community standards, finds as a whole to appeal to a minor's prurient interest in sex, and depicts or describes in an offensive way sexual conduct or sexual acts, and which lacks serious literary, artistic, political or scientific value.
Which of the following is a criterion for a work to be ruled obscene?
For a work to be ruled obscene, it must: lack serious literary, artistic, political, or scientific value. Which of the following is a criterion to prove slander? The statements must stem from an intent to do harm.
Who decides if something is obscene?
The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene. Obscenity is defined as anything that fits the criteria of the Miller test, which may include, for example, visual depictions, spoken words, or written text.
What is the test applied by courts in deciding the question of obscenity?
The Hicklin Test was laid down by the Queen's Bench in Regina v. Hicklin. The test of obscenity is whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall.
What is the three pronged test?
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
Which of the following is a criterion for a work to be ruled obscene?
For a work to be ruled obscene, it must: lack serious literary, artistic, political, or scientific value. Which of the following is a criterion to prove slander? The statements must stem from an intent to do harm.
Which Supreme Court case ruled on the criteria used to define obscenity quizlet?
The Supreme Court articulated in 1973 in Miller v. California a test still used by all courts for determining when speech is obscene.
Which Supreme Court case includes the current legal test for obscenity?
The Miller Test is the primary legal test for determining whether expression constitutes obscenity. It is named after the U.S. Supreme Court's decision in Miller v. California (1973).
What is obscene is now determined by one uniform national standard?
The Supreme Court decides if the actions taken by the executive and legislative branches are constitutional. What is obscene is now determined by one uniform national standard. False—each state has its own laws and statutes determining what is obscene.
What is the CEOS?
The Child Exploitation and Obscenity Section (CEOS) remains dedicated to the enforcement of federal obscenity laws. CEOS attorneys work with the High Technology Investigative Unit (HTIU), the Federal Bureau of Investigation (FBI), and United States Attorney´s Offices throughout the country to investigate and prosecute violations of federal obscenity law.#N#The use of the Internet to distribute obscenity has blurred traditional notions of jurisdiction. CEOS maintains a coordinated, national-level law enforcement focus to help coordinate nationwide investigations and initiatives. Given the importance of community standards under the Miller test, however, CEOS recognizes that the full commitment and support of local United States Attorney´s Offices, who best know local community standards, are absolutely essential to the federal obscenity enforcement efforts.
Is it illegal to distribute obscene material to minors?
Federal law strictly prohibits the distribution of obscene matter to minors. Any transfer or attempt to transfer such material to a minor under the age of 16 , including over the Internet, is punishable under federal law. It is also illegal to use misleading website domain names with intent to deceive a minor into viewing harmful or obscene material. For example, using a cartoon character or children´s television program in the domain of a website that contains harmful or obscene material may be punishable under federal law.#N#In addition, visual representations, such as drawings, cartoons, or paintings that appear to depict minors engaged in sexual activity and are obscene are also illegal under federal law.#N#It is important to note that the standard for what is harmful to minors may be different than the standard for adults, and offenders convicted of obscenity crimes involving minors face harsher penalties than if the crimes involved only adults (For more information, see Citizen's Guide to Federal Law on Obscenity ).
What is the Supreme Court's opinion on obscenity?
In the 1957 case of Roth v. United States, the Supreme Court affirmed the view that obscenity lacks First Amendment protection. The Court defined obscene speech as being "utterly without redeeming social importance" in which "to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." However, for the next sixteen years the Supreme Court was unable to reach a definition of obscenity that satisfied a majority of its members. A new standard was finally established in the case of Miller v. California, decided in June 1973, which upheld the conviction of a man for violating a California obscenity law against sending a mass mailing advertisement featuring sexual pictures and drawings. Chief Justice Warren Burger, who was appointed by President Richard Nixon in 1969 and served as chief justice until 1986, wrote the deciding opinion, joined by four others. Burger established a three-part test to define obscenity as material that appealed to prurient interest, portrayed sexual conduct "in a patently offensive way," and did not have "serious literary, artistic, political, or scientific value." Excerpts from Burger's opinion are found in the following selection.
What is the three part test of obscenity?
Burger established a three-part test to define obscenity as material that appealed to prurient interest, portrayed sexual conduct "in a patently offensive way," and did not have "serious literary, artistic, political, or scientific value.". Excerpts from Burger's opinion are found in the following selection.
What are the guidelines for a trier of fact?
The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest . . . ; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and ( c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. . . .
What is a state offense?
A state offense must also be limited to works which , taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, and which , taken as a whole, do not have serious literary, artistic, political, or scientific value.
Which amendment protects the First Amendment?
If a state law that regulates obscene material is thus limited, as written or construed, the First Amendment values applicable to the States through the Fourteenth Amendment are adequately protected by the ultimate power of appellate courts to conduct an independent review of constitutional claims when necessary. . . .
Which amendment protects the rights of the author of a book?
The First Amendment protects works which, taken as a whole, have serious literary, artistic, political, or scientific value, regardless of whether the government or a majority of the people approve of the ideas these works represent. . . .
Is obscenity protected by the First Amendment?
In sum, we (a) reaffirm the Roth holding that obscene material is not protected by the First Amendment; (b) hold that such material can be regulated by the States, subject to the specific safeguards enunciated above, without a showing that the material is "utterly without redeeming social value"; and (c) hold that obscenity is to be determined by applying "contemporary community standards" not "national standards."
What hours can you broadcast profanity?
Indecent material cannot be barred entirely, because it is protected by the First Amendment. The FCC has promulgated a rule that bans indecent broadcasts between the hours of 6:00 a.m. and 10:00 p.m. The FCC defines profanity as “including language so grossly offensive to members of the public who actually hear it as to amount to a nuisance”. Profanity is also barred from broadcast between 6:00 a.m. and 10:00 p.m.
What is the purpose of the Cable Television Consumer Protection and Competition Act of 1992?
CTCPCA authorized cable channel operators to restrict or block indecent programming. The authorization applied to leased access channels, which federal law requires cable systems to reserve for lease by unaffiliated parties, and public access channels , which include educational, governmental, or local channels that federal law requires cable operators to carry. Cable operators claimed that the statute was fully consistent with the First Amendment because it left judgments about the suitability of programming to the editorial discretion of the operators themselves. But cable television viewers filed a lawsuit arguing that the statute violated the First Amendment by giving cable operators absolute power to determine programming content.
How did the CTCPCA violate the First Amendment?
With respect to leased access channels, the Court ruled that CTCPCA also violated the First Amendment by requiring cable system operators to segregate patently offensive programming on separate channels and then requiring the operators to block those channels from viewer access until individual cable subscribers requested access in writing. The Court said that these requirements had an obvious speech-restrictive effect on viewers and were not narrowly or reasonably tailored to protect children from exposure to indecent materials. The Court cited the V-chip, as one less restrictive means of accomplishing the same objective.
What did the FCC rule in 1978?
S. Supreme Court upheld an FCC order finding that a pre-recorded satirical monologue constituted indecent speech with the repeated use of seven “dirty words” during an afternoon broadcast. The Supreme Court acknowledged that the monologue was not obscene and thus could not have been regulated had it been published in print. But the Court distinguished broadcast media from print media, pointing out that radio and television stations are uniquely pervasive in Americans’ lives, and are easily accessible by impressionable children who can be inadvertently exposed to offensive materials without adult supervision. Print media, the Court said, do not intrude upon Americans’ privacy to the same extent or in the same manner. Thus, the Court concluded that the FCC could regulate indecent speech on radio and television but cautioned that the commission must do so in a manner that does not completely extinguish such speech.
What time does the FCC ban profanity?
The FCC has promulgated a rule that bans indecent broadcasts between the hours of 6:00 a.m. and 10:00 p.m. The FCC defines profanity as “including language so grossly offensive to members of the public who actually hear it as to amount to a nuisance”. Profanity is also barred from broadcast between 6:00 a.m. and 10:00 p.m.
How much did the FCC fine in 2004?
The FCC issued $7.9 million in indecency fines in 2004. The FCC undertakes investigations into alleged obscene, profane, and indecent material after receiving public complaint. The FCC reviews each complaint to determine whether it appears that a violation may have occurred. If so, the FCC will begin an investigation.
What is content regulation?
Content Regulation: Obscene, Profane, and Indecent Broadcasts. Within the universe of First Amendment protection, broadcast radio and television stations have been subjected to greater regulation than any other verbal, visual, or printed medium of expression. The licensing process by itself gives the federal government more power over ...
What happens if a group discriminates for no apparent purpose?
If a group discriminates for no apparent purpose, state laws can limit the right of association.
Who has a compelling interest in passing the law?
the government has a compelling interest in passing the law.
What is the constitutional right?
The Constitution protects the right to. >trial by jury. >freedom of expression. >freedom of press. >freedom of assembly. Under the compelling interest test, the federal government or a state can limit rights only if the Supreme Court decides that. the government has a compelling interest in passing the law.
Which amendment protects freedom of speech?
While the First Amendment protects freedom of speech, it does not mean that one can speak whatever, wherever, and whenever they wish. Government may regulate ________ as long as government is neutral.
Deciding What's Obscene, Indecent Or Profane
- Each type of content has a distinct definition: Obscene contentdoes not have protection by the First Amendment. For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a...
What About Cable, Satellite TV and Satellite Radio?
- Because obscenity is not protected by the First Amendment, it is prohibited on cable, satellite and broadcast TV and radio. However, the same rules for indecency and profanity do not apply to cable, satellite TV and satellite radio because they are subscription services.
Enforcing The Rules
- Enforcement of the obscenity, indecency and profanity rules usually begins with complaints from the public that FCC staff review for possible violations. If an investigation is warranted and the FCC finds a station in violation of its rules, it has the authority to revoke a station license, impose a fine or issue an admonishment or warning.
What If I Have Comments Or Concerns About A Specific Broadcast?
- All comments and/or concerns about a specific broadcast should be directed to the stations and networks involved.