Question: In determining whether to grant a request that an ISP respond to a subpoena identifying an anonymous sender of harmful speech, the courts require the
In determining whether to grant a request that an ISP respond to a subpoena identifying an anonymous sender of harmful speech, the courts require the plaintiff to:
| Provide the content of the allegedly defamatory statement | ||
| Establish a prima facie case of defamation | ||
| Identify the ISP | ||
| Both a & b. |
Material is prurient if:
| Taken as a whole it creates a shameful or morbid interest in nudity and sex | ||
| Taken as a whole it creates any interest in nudity and sex | ||
| Any part of it creates a shameful or morbid interest in nudity and sex | ||
| Any part of it creates an interest in nudity and sex.
|
In cases of child pornography:
| The consenting adults defense is applicable because children also have rights under the Constitution | ||
| The consenting adults defense is NOT applicable | ||
| Children themselves should be able to decide what material they can watch | ||
| None of the above. |
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