Summarize the decision of the U.S. Supreme Court in both of
the cases that are excerpted in the handout. In a few words, explain why
the court in R.A.V. v. City of St. Paul overturned the decision of the Minnesota Supreme Court. Explain why the court upheld the Virginia statute in Virginia v. Black.
In Virginia v. Black, what did the court mean when it
held that “just as any state may regulate only that obscenity which is
the most obscene due to its prurient content, so too may a state choose
to prohibit only those forms of intimidation that are most likely to
inspire fear of bodily harm”?
Do you agree that the statute in question applies to computer-generated and computer-transmitted information?
Should the government be required to present expert witnesses
to establish that the material in question is obscene? Is this a
question that a jury can decide on its own? How are jury members aware
of “community standards”?
If the community standards are different in Milpitas,
California, from those of Memphis, Tennessee, why should the defendants
be held accountable for the standards in Memphis and not those in the
location where the material was transmitted?
Are you satisfied with the test for obscenity? In what manner, if any, would you change the standard?