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[PSCI 3303] - Final Exam Guide - Ultimate 42 pages long Study Guide!


Department
Political Science
Course Code
PSCI 3303
Professor
Champagne Anthony
Study Guide
Final

Page:
of 42
UT-Dallas
PSCI 3303
FINAL EXAM
STUDY GUIDE
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Miller v. California, 1973
Burger
Obscenity is unprotected
Sexual conduct
Apply contemporary community (not national) standards.
o Does the material appeal to prurient interest, patently offensive, and does
not have serious literary, artistic, political or scientific value (not social value)
Does it appeal to prurient interest
o The Roth test is loose but the Miller test is stricter
Changes from Roth test
New York v. Ferber
Ferber standard
o How it differs from Miller test?
It is to protect the child
Does the material considered as a whole appeal to prurient interest of
the average person, is patently offensive, and does not have serious
literary, artistic, political or scientific value
No sexual conduct or performance
Only applies to child visual pornography
Erie v. Paps AM
Court says nude dancing is protected speech bc nude dancing is a way of
expression
o Black would say that it is not literally speech
o On its fact, this is a general prohibition on public nudity that regulates
conduct alone. An erotic message can still be delivered without dropping the
last stitch.
o But then the court says it's okay to require that those dancers not be
complete nude.
Test used is from US v. O'Brien since this is a regulation unrelated to the
suppression of expression
US v. O'Brien was not silencing their opposition for the Vietnam
War, but for the government's constitutional way of keep track of
the draft, the method
o Is this within the power of the government
Yes, protects health and safety
o Is it forwarding an important or substantial public interest?
Yes
o Is this unrelated to suppression of free expression?
Yes
o Is this restriction no greater than essential?
Yes, this is just a minimal restriction, only requiring pasties and a g-
string..
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