Section IV

Section IV

Obscenity

Early Obscenity Laws

Comstock Act

Hicklin Rule

Ulysses Decision

Roth vs. U.S. (1957)

Dominant theme of the material taken as a whole must appeal to prurient interest in sex.

Material is patently offensive because it affronts contemporary community standards related to sexual materials.

Material is utterly without redeeming social value.

Miller vs. CA. (1973)

Average person, applying contemporary local community standards, finds that the work taken as a whole appeals to prurient interests.

The work depicts in a patently offensive way sexual conduct specifically defined by state law.

The work lacks serious literary, artistic, political, or scientific value. (SLAPS)

Regulation of Non-Obscene (Indecent) Material

film (and video store) censorship and ratings

zoning laws and adult businesses - three part test

record lyrics

television and indecency - FCC vs. Pacifica (1978)

computers/Internet - Comm. Decency Act of 1996
Freedom of Speech
On the Internet

Who is Imposing Speech Restrictions?

Government

Private

In What Capacity can the Government Restrict Speech?

*Sovereign

Employer

Proprietor

K-12 Educator

University Educator

Subsidizer

Speaker

Types of Speech

Constitutionally valueless speech

Speech given intermediate protection

Fully protected speech

The Communications Decency Act

…using an interactive computer service to display in a manner available to a person under 18 years of age any comment, request, suggestion, proposal, image, or other communication that, in any way, depicts or describes, in terms patently offensive as measured by contemporary standards, sexual or excretory activities or organs.

Other Shielding Methods

Filters

Self-ratings

Passwords/ID’s