{ "@context": "https://schema.org", "@type": "Organization", "name": "Brainscape", "url": "https://www.brainscape.com/", "logo": "https://www.brainscape.com/pks/images/cms/public-views/shared/Brainscape-logo-c4e172b280b4616f7fda.svg", "sameAs": [ "https://www.facebook.com/Brainscape", "https://x.com/brainscape", "https://www.linkedin.com/company/brainscape", "https://www.instagram.com/brainscape/", "https://www.tiktok.com/@brainscapeu", "https://www.pinterest.com/brainscape/", "https://www.youtube.com/@BrainscapeNY" ], "contactPoint": { "@type": "ContactPoint", "telephone": "(929) 334-4005", "contactType": "customer service", "availableLanguage": ["English"] }, "founder": { "@type": "Person", "name": "Andrew Cohen" }, "description": "Brainscape’s spaced repetition system is proven to DOUBLE learning results! Find, make, and study flashcards online or in our mobile app. Serious learners only.", "address": { "@type": "PostalAddress", "streetAddress": "159 W 25th St, Ste 517", "addressLocality": "New York", "addressRegion": "NY", "postalCode": "10001", "addressCountry": "USA" } }

Us Obscenity & Child Pornography Law Flashcards

(8 cards)

1
Q

What gives US law on sexual content worldwide significance?

A
  • Size of US porn industry is huge
  • Exact estimates are difficult to recall
  • -> They are private companies
  • -> Industry not required to disclose financial data
  • Porn produce in US circulated
  • What’s legal and not legal in US influence what the world sees
  • Hard to meet obscenity law in US
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is considered obscene in the US? (Past and Present)

A

Past:
- Hicklin followed until 1957

Present:
- Distribution of obscene material can be criminalised

  • Legal for adults to possess obscenity
    (Howto possess without distribution unless the person made it herself?)

Miller Test - Basic Guidelines

  1. “The average person, applying contemporary community standards, would find that the work, taken as a whole
    - -> appeals to the prurient (excessive sexual) interest, &
    - -> depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law
  2. AND “The work, taken as a whole lacks serious literary, artistic, political or scientific value.”
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are examples of obscenity in the US?

A
  • Examples of what could be obscenity
  • -> “Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or stimulated” OR
  • -> “Patently offensive representations or descriptions of masturbation, excretory functions, & lewd exhibition of the genitals”
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is not considered obscene in the US?

A
  • Bare breasts
  • Genitals – if not “lewd exhibition”
  • (Simulated) sex acts that aren’t “patently offensive”
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is prohibited under the Child Pornography Law in US?

A
  • Prohibited:
  • -> Sexually explicit photos & videos of actual minors (<18) –include nudity
  • -> Criminal offence to possess, create, distribute,
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is allowed under the Child Pornography Law in US?

A
  • Allowed:
  • -> virtual child porn
  • -> Wholly computer-generated
  • -> 2002: Not real children used
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the rationale for Child Pornography in the US?

A
  • Rationales:
  • -> “State does not rely on a paternalistic interest in regulating [a consumer’s] mind” but in preventing child abuse
  • -> Eliminate “permanent record” of abuse (photograph)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the rationale for porn in the US?

A
  • Most porn not illegal under US law
  • Enforcement of obscenity law is not a priority
  • Prosecutions are rare but child porn laws are enforced
How well did you know this?
1
Not at all
2
3
4
5
Perfectly