Obscenity and Indecency: Constitutional Principles and Federal Statutes

Cover
Nova Publishers, 2003 - 47 Seiten
Obscenity is not protected by the First Amendment and therefore may be banned. Other pornography or indecency may be regulated to serve compelling government interest provided that the least restrictive means available is used. Contents: Summary; Constitutional Principles; Federal Obscenity and Indecency Statues; Cable Television; The Communications Decency Act of 1996; Child Online Protection Act; Child Internet Protection Act; RICO; Wiretaps; The Customs Service Provision; Index.

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Ausgewählte Seiten

Inhalt

Constitutional Principles
1
A The Miller Test
2
B Zoning and Licensing of Pornography Dealers
5
C Nude Dancing
8
Federal Obscenity and Indecency Statutes
13
B DialaPorn
14
C Obscenity Provisions at 18 USC 14601470
16
D Cable Television
24
E The Communications Decency Act of 1996
28
F Child Online Protection Act
31
G Childrens Internet Protection Act
36
H RICO
41
I Wiretaps
44
Index
45
Urheberrecht

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Beliebte Passagen

Seite 28 - ... 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 context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs...
Seite 20 - States, unless the transferee establishes in a hearing pursuant to subsection (1) that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section.
Seite 15 - ... libelous, scurrilous, defamatory, or threatening character, or calculated by the terms or manner or style of display and obviously intended to reflect injuriously upon the character or conduct of another, may be written or printed or otherwise impressed or apparent...
Seite 3 - If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch.
Seite 27 - Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received...
Seite 1 - I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description, and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.
Seite 16 - indecent" is intimately connected with the exposure of children to language that describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium...
Seite 1 - ... would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Seite 2 - When the validity of an act of the Congress is drawn in question, 18 and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.

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