JRN 430 Final answers
Sheppard was jailed for murdering his wife, but the ruling was overturned after an 8-
to-1 decision from the Supreme Court found that Sheppard did not receive a fair trial.
Received too much media coverage and jury was able to leave courthouse and read
all of that so they were bias. Ruled that trial judge should have either postponed the
proceedings or transferred them to a different venue.✔✔Sheppard v. Maxwell
- Miller: mass mailing of obscene material.
-Court HELD that obscene materials don't have 1st amendment rights.
-Modified obscenity test: Miller test (3-prong)
Standard still in place today. In its aftermath, sexual-themed materials are more
available.✔✔Miller v. California (1973)
Virginia Citizens Consumer Council challenged Virginia statute that declared it
unprofessional conduct for licensed pharmacists to advertise prescription drug
prices.
Supreme Court ruled first amendment applied & prices could be
advertised.✔✔Virginia State Board of Pharmacy v. Virginia Citizens Consumer
Council (1976)
-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."✔✔LAPS test
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 v. US (1957)
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.
3. Before something can be found to be obscene, it must be utterly without
redeeming social value.
Modified by 1973 Miller V. California case.✔✔Roth-Memoirs Test (1966)
, Barred the mailing of obscene publications.✔✔Comstock Act of 1873
"I can't define it, but I know it when I see it."✔✔Supreme Court Justice Potter Stewart
said what about obscenity..?
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✔✔Central Hudson Test
1. Prurient Interest Test
2. Patent Offensiveness Test
3. Serious Value Test (LAPS Test)✔✔Miller 3 part test
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.✔✔Memoirs v. Massachusetts (1966)
Brand of philosophy that deals w/ moral component of human life✔✔Ethics
4 considerations to make ethics decisions.
1. Facts
2. Values
3. Principles
4. Loyalties✔✔Potter Box Model
1. Compromise Principle
2. Categorical Imperative
3. Principle of Utility
4. Agape Principle
5. Rawl's Veil of Ignorance✔✔Ethical Principles (5)
1. META Ethics (broad)
2. Normative Ethics (theoretical rules)
3. Applied Ethics (problem-solving branch) (ethics codes)✔✔3 Main Branches of
Ethics
1. Seek truth & report it
2. Minimize harm
3. Act independently
4. Be accountable/transparent✔✔SPJ's 4 Ethical Principles
1. Truth & Accuracy
2. Independence
3. Impartiality
Sheppard was jailed for murdering his wife, but the ruling was overturned after an 8-
to-1 decision from the Supreme Court found that Sheppard did not receive a fair trial.
Received too much media coverage and jury was able to leave courthouse and read
all of that so they were bias. Ruled that trial judge should have either postponed the
proceedings or transferred them to a different venue.✔✔Sheppard v. Maxwell
- Miller: mass mailing of obscene material.
-Court HELD that obscene materials don't have 1st amendment rights.
-Modified obscenity test: Miller test (3-prong)
Standard still in place today. In its aftermath, sexual-themed materials are more
available.✔✔Miller v. California (1973)
Virginia Citizens Consumer Council challenged Virginia statute that declared it
unprofessional conduct for licensed pharmacists to advertise prescription drug
prices.
Supreme Court ruled first amendment applied & prices could be
advertised.✔✔Virginia State Board of Pharmacy v. Virginia Citizens Consumer
Council (1976)
-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."✔✔LAPS test
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 v. US (1957)
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.
3. Before something can be found to be obscene, it must be utterly without
redeeming social value.
Modified by 1973 Miller V. California case.✔✔Roth-Memoirs Test (1966)
, Barred the mailing of obscene publications.✔✔Comstock Act of 1873
"I can't define it, but I know it when I see it."✔✔Supreme Court Justice Potter Stewart
said what about obscenity..?
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✔✔Central Hudson Test
1. Prurient Interest Test
2. Patent Offensiveness Test
3. Serious Value Test (LAPS Test)✔✔Miller 3 part test
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.✔✔Memoirs v. Massachusetts (1966)
Brand of philosophy that deals w/ moral component of human life✔✔Ethics
4 considerations to make ethics decisions.
1. Facts
2. Values
3. Principles
4. Loyalties✔✔Potter Box Model
1. Compromise Principle
2. Categorical Imperative
3. Principle of Utility
4. Agape Principle
5. Rawl's Veil of Ignorance✔✔Ethical Principles (5)
1. META Ethics (broad)
2. Normative Ethics (theoretical rules)
3. Applied Ethics (problem-solving branch) (ethics codes)✔✔3 Main Branches of
Ethics
1. Seek truth & report it
2. Minimize harm
3. Act independently
4. Be accountable/transparent✔✔SPJ's 4 Ethical Principles
1. Truth & Accuracy
2. Independence
3. Impartiality
