The Law of Journalism & Mass Communication Chapter 12 Obscenity, Indecency and Pornography: Social Norms and Legal Standards

Obscenity Regina v. Hicklin Tendency to deprave those whose minds are open to such influences Result: Adults able to see what was acceptable for children

Obscenity Current U.S.obscenity definition Miller v. California 1973 U.S. Supreme Court decision Replaced all previous obscenity definitions

Miller v. California obscenity definition Material that arouses sexual lust (prurient interest) And is hard-core pornography (patently offensive) And has no serious social value

Other obscenity limits Variable obscenity Sexual material acceptable for adults may be found obscene if provided to children Child pornography Showing minors in sexual situations

Possessing Obscene Material The First Amendment protects possessing obscene material in one’s home But the First Amendment does not protect possessing child pornography

Indecency Generally, indecent material is sexual explicit but does not meet the Miller obscenity definition Federal law bans indecent material completely from broadcast radio and television But courts permit broadcasters to air indecent material from 10 p.m. to 6 a.m.

Indecency The FCC defines indecent material as Describing sexual or excretory organs or activities, and Being patently offensive based on national standards for the broadcast media

Indecency In determining if material is indecent, the FCC also considers How explicitly or graphically the material describes sexual activities Whether the material dwells on sexual activities, and Whether the material is meant to shock or sexually excite the audience

Cable and Internet Indecency Courts have held that indecent material is protected on cable television and the Internet

Media Violence The recording and video game industries have adopted voluntary ratings systems that include identifying violent content