Description/Paper Instructions
MDS 4100 COMMUNICATION LAW
Spring 2020
Case Study #3: Obscenity
Is this Bud for you?
The legislature of the state of Utah recently updated its obscenity law. Elections in the
past four years gave the Populist Party a majority. That party sponsored the revisions to
the law. The Populist Speaker of the House said the law was intended to “re-establish
traditional morality.” Its wording is as follows:
A person is guilty of obscenity when, knowing its content and character, he
promotes or possesses with intent to promote, any obscene material.
The new law also defines obscenity:
Any material or performance is obscene if (a) considered as a whole, its
predominant appeal is to shameful or morbid interest in nudity, sex, excretion,
masochism, or sadism, and (b) it goes substantially beyond customary limits
of candor in describing or representing such matters, and (c) its predominant
appeal is such that it lacks serious literary, artistic, political, or redeeming
social value. Predominant appeal should be judged with reference to ordinary
adults of this state.
Shortly after the law was passed and signed into law by the governor, it was put to the
test. In the small city of Pine Grove two undercover police officers entered Bud’s Palace,
an adult entertainment and video store owned by Bud Finley. The business had been in
operation for nearly a decade. The officers purchased two DVD movies, both containing
bondage and lesbian and group sex scenes. After the sale was complete, the officers
arrested Finley on charges of violating the state’s new obscenity law. Bud’s Palace was
padlocked and remains closed to the public. Finley was released on $50,000 bond and is
awaiting trial. Also charged with obscenity violation is X-citement Video of Los Angeles,
the producers of both videos.
At the pre-trial hearing, both Finley’s attorney, Bill O. Wrights, and District Attorney I.M.
Proper, provided respective arguments to the court.
For the defense, Wrights asserted that the state obscenity law violated the First and
Fourteenth Amendments. He argued that material not considered obscene in one state
cannot be considered so in another. Neither of the videos, each released in fall 2016,
had been found obscene elsewhere. It is the defense’s position that the Fourteenth
Amendment guarantees the residents of all states protection from their state
governments as exists concerning the federal government.
Wrights: “Adult entertainment is a billion dollar-a-year industry in the U.S. and employs
thousands of individuals. The sale and manufacture of adult entertainment videos and
literature involves not only small businesses, but multi-million dollar corporations as
MDS 4100 COMMUNICATION LAW
Spring 2020
Case Study #3: Obscenity
well. Nothing in these videos is debasing. No actors were forced against their wills to
participate in the making of these videos. In reality, the two videos are reflections of
what takes place daily in homes and hotels across this country and in the state of Utah.
If the Utah obscenity statute is allowed to stand, the consequences may be the end of
an entire sector of our economy.”
For the prosecution, Proper noted that the entire nation is witnessing a fundamental
change in morality. “The statute under question was created based on a popular
demand, she said, and enjoys widespread support throughout the state. Collectively, the
people of the state have stated a preference for a certain way of life where obscene
entertainment cannot be sold. Traditional American values are reflected in every
sentence of the new law,” she added. “The United States is not a single, homogeneous
unit. Instead, diversity is celebrated and difference is preferred to the tyranny of
sameness. It must be recognized that the values of residents of Utah differ substantially
from those of residents of California. This difference is good. It allows people a choice of
lifestyles. The state’s obscenity statute benefits all people of the United States by
allowing freedom of choice.”
Assignment:
You know the facts and have heard arguments on both sides. Now it’s time to apply this
case to the law of the land as it stands in 2020.
Either Finley is guilty and the statute is constitutional, or the authorities erred in their
action by targeting two non-obscene videos and closing down a legitimate business.
Should X-citement Video be liable?
Prepare your case. Citing appropriate state and federal court decisions, make a
persuasive and convincing argument. You must decide: Guilty or Innocent?
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RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. The can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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