JRN 430 Final Exam Questions And Answers
LAPS test -Part of the criteria for determining obscenity in Miller v. California (1973)
-Work is considered obscene if it lacks "literary, artistic, political or "scientific" value."
Roth v. US (1957) Roth convicted of mailing obscene materials;
Supreme Court ruled (also applied to Alberts v. California) that obscenity was not protected
under 1st Amendment.
Created obscenity test: "Whether avg. person, applying contemporary standards, would view
material as a whole to apply to prurient interest."
Miller V. California (1973) modified obscenity test.
Roth-Memoirs Test (1966) 1. The dominant theme of the material taken as a whole must
appeal to prurient interest in sex.
2. A court must find that the material is patently offensive because it affronts contemporary
community standards relating to the description or representation of sexual matters.
,JRN 430 Final Exam Questions And Answers
3. Before something can be found to be obscene, it must be utterly without redeeming social
value.
Modified by 1973 Miller V. California case.
Comstock Act of 1873 Barred the mailing of obscene publications.
Supreme Court Justice Potter Stewart said what about obscenity..? "I can't define it, but I
know it when I see it."
Central Hudson Test Four-part test used by courts to determine restrictions on commercial
speech:
1. Whether adv. is misleading & whether it concerns a legal product or service.
2. Whether asserted govt. interest is substantial
3. Whether regulation directly advances asserted govt. interest
4. Whether regulation is 'not more extensive' than necessary to serve govt. interest
Miller 3 part test 1. Prurient Interest Test
2. Patent Offensiveness Test
, JRN 430 Final Exam Questions And Answers
3. Serious Value Test (LAPS Test)
Memoirs v. Massachusetts (1966) Fanny Hill case which, in conjunction with Roth,
provided the Roth-Memoirs Test for obscenity.
Book "Cleland's Memoirs of a Woman of Pleasure" deemed obscene --> not protected by first
amendment.
Ethics Brand of philosophy that deals w/ moral component of human life
Potter Box Model 4 considerations to make ethics decisions.
1. Facts
2. Values
3. Principles
4. Loyalties
Ethical Principles (5) 1. Compromise Principle
2. Categorical Imperative
LAPS test -Part of the criteria for determining obscenity in Miller v. California (1973)
-Work is considered obscene if it lacks "literary, artistic, political or "scientific" value."
Roth v. US (1957) Roth convicted of mailing obscene materials;
Supreme Court ruled (also applied to Alberts v. California) that obscenity was not protected
under 1st Amendment.
Created obscenity test: "Whether avg. person, applying contemporary standards, would view
material as a whole to apply to prurient interest."
Miller V. California (1973) modified obscenity test.
Roth-Memoirs Test (1966) 1. The dominant theme of the material taken as a whole must
appeal to prurient interest in sex.
2. A court must find that the material is patently offensive because it affronts contemporary
community standards relating to the description or representation of sexual matters.
,JRN 430 Final Exam Questions And Answers
3. Before something can be found to be obscene, it must be utterly without redeeming social
value.
Modified by 1973 Miller V. California case.
Comstock Act of 1873 Barred the mailing of obscene publications.
Supreme Court Justice Potter Stewart said what about obscenity..? "I can't define it, but I
know it when I see it."
Central Hudson Test Four-part test used by courts to determine restrictions on commercial
speech:
1. Whether adv. is misleading & whether it concerns a legal product or service.
2. Whether asserted govt. interest is substantial
3. Whether regulation directly advances asserted govt. interest
4. Whether regulation is 'not more extensive' than necessary to serve govt. interest
Miller 3 part test 1. Prurient Interest Test
2. Patent Offensiveness Test
, JRN 430 Final Exam Questions And Answers
3. Serious Value Test (LAPS Test)
Memoirs v. Massachusetts (1966) Fanny Hill case which, in conjunction with Roth,
provided the Roth-Memoirs Test for obscenity.
Book "Cleland's Memoirs of a Woman of Pleasure" deemed obscene --> not protected by first
amendment.
Ethics Brand of philosophy that deals w/ moral component of human life
Potter Box Model 4 considerations to make ethics decisions.
1. Facts
2. Values
3. Principles
4. Loyalties
Ethical Principles (5) 1. Compromise Principle
2. Categorical Imperative
