MMC 4200 Exam 3 (Updated Questions and Answers)100% A+ Graded

MMC 4200 Exam 3 (Updated Questions and Answers)100% A+ Graded Red Lion v. FCC -- How does this case help you understand how the government can regulate broadcasting? - CORRECT ANSWER-Scarcity of broadcast spectrum allows the government to regulate broadcasting Broadcasting has the least rights Broadcasters have to operate in the public interest. What is the definition of obscenity? - CORRECT ANSWER-The narrow class of "hard core" porn that's so offensive and so lacking in social value that it's denied FA protection Appeals to prurient (super sexual) interest, is patently offensive, and is without serious social value. Miller Test - CORRECT ANSWER-Test to determine if material is obscene (if): 1. An average person finds the work appeals to prurient interest 2. The work shows in a patently offensive way sexual conduct specifically defined by state law 3. The work in question lacks serious literary, artistic, political or scientific value What level of First Amendment protection does obscenity get? - CORRECT ANSWER-Bottom level, no protection What does prurient mean? - CORRECT ANSWER-A shameful or morbid interest in nudity, sex or excretion. Patently offensive - CORRECT ANSWER-Determined by a jury using community standards. Used to shock, explicit and graphic in nature Hardcore porn Indecency - CORRECT ANSWER-Non-obscene material depicting or describing sexual or excretory activities. Children might be in the audience Boob vs. sex What level of FA Protection does indecency get? - CORRECT ANSWER-Second level (Commercial & Sexual Expression) Protection varies -- broadcast the least, internet the most Channeling indecency - CORRECT ANSWER-When you can air indecent material Includes time, nature of broadcast, composition, etc. Shielding from children but allowing adults to access Safe Harbor - CORRECT ANSWER-Can air between 10pm and 6am Following Janet Jackson, what is happening in terms of indecency regulation - CORRECT ANSWER-Becoming tougher, especially for broadcasters Modified indecency policies: stricter Broadcaster/Broadcasting - CORRECT ANSWER-Licensed and regulated Cable operator - CORRECT ANSWER-More like print, controlled entry into household Common Carriers - CORRECT ANSWER-ex: telephone companies Not the ones communicating, merely allow communication to occur Why is the differences between broadcasters, cable and common carriers important? - CORRECT ANSWER-Determines who can be fined in certain instances What is the Communications Decency Act? - CORRECT ANSWER-Prohibited deliberately using the Internet to send indecent, offensive or obscene materials to people under 18. Is the Communications Decency Act constitutional? - CORRECT ANSWER-Nope Was imprecise and overbroad What level of First Amendment protection applies to the Internet? - CORRECT ANSWER-Protection of indecent but not obscene materials Internet and print get most protection What is the Child On-Line Protection Act? (COPA) - CORRECT ANSWER-Prohibits websites from knowingly transmitting to minors material that is harmful to minors. Defense for operators using age verification techniques Was COPA constitutional? - CORRECT ANSWER-No Did not meet strict scrutiny, was vague and over broad Gov. failed to prove that age verification was more effective than software filters What are variable obscenity laws? - CORRECT ANSWER-Allowing prohibition of materials that are obscene to children but not adults Can regulate materials sold and distributed to minors harsher than they can for adults What does Florida's law say about variable obscenity laws? - CORRECT ANSWER-Florida has variable obscenity What is sexting? - CORRECT ANSWER-The practice of sending nude or seminude photos via cell phone or the Internet Minors who participate or distribute can still be charged with child porn How does Florida regulate sexting - CORRECT ANSWER-Passed a law in 2011 Community service, then misdemeanor, then felony