Question
With the advent of the Internet and the copious amounts of pornography (or obscenity?) available online, is it time to update the Miller test?Briefly explain
With the advent of the Internet and the copious amounts of pornography (or obscenity?) available online, is it time to update the Miller test?Briefly explain
In 1982 the U.S. Supreme Court in New York v. Ferber declared child pornography not entitled to First Amendment protection because of the need to protect children from physical abuse. Since 1996 Congress has enacted several laws (Child Pornography Prevention Act, PROTECT Act of 2003, KIDSPA and some others) which make 'virtual child pornography' a crime.Does this trend seem to have a chilling effect on holding a rational discussion of this topic?
Briefly explain how you would recommend the courts and congress define 'community standard' in the internet age, being mindful the community is, in effect, global.
CDA 223 -What reason did the court give for ruling this law unconstitutional?
COPA-Child Online Protection Act -What two reasons did the court give for striking down this law?
CIPA-Children's Internet Protection Act -Briefly explain how this Act restricted federal funds.
Virtual child pornography -Briefly explain the current federal position on virtual child pornography.Assume no children were involved with or affected in the process of creating this material.
Protecting Yourself -List two actions computer users who have wireless network and internet access in their residences should take to protect themselves from potential liability under current obscenity laws.
Briefly explain the importance of each action.
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