Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Unit 3 Short Answer
Question 1
• In your Unit 3 Video Engager, you learned about the Supreme Court’s involvement in pornography and
obscenity laws. First, explain how the free speech protections in the First Amendment relate to pornography
and obscenity. Then, explain the three rules set out by Chief Justice Warren Burger for determining whether
something is pornographic. Last, give your opinion on this three part test and whether you think it adequately
balances the need for the protection of free speech with the need to regulate obscenity. Why do you think
this?
It reads in the Unites States Constitution in the First Amendment, “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
” (Baltzell) Pornography is described as any type of video or print that directly shows or describes the act of
having sex to promote sexual arousal (Webster). The First Amendment is supposed to protect the United States
Citizen’s freedom of speech. Citizens are supposed to be able to express their selves freely. However, how can
something so distasteful be protected by the Constitution? Many people believe that Internet pornography is
protected as being an expression of art. However, if the content is harmful to the society’s health and beliefs or
moral function then it can be considered to be legally limited (Hudson) One example is that it is shown that
pornography can be harmful to the mental processes of minors, thus making people answer that they are eight-
teen or older to enter a pornography site. The First Amendment is interpreted that sexually “expressions” are
protected except if the movie or print is obscene or child pornography (Mitchell). The three prong rules of Chief
Justice Warren Burger state that if the content would be seen to a normal public eye as sexually arousing, depicts
