Obscenity

Definition

Obscenity refers to material that is deemed offensive or indecent according to contemporary community standards and lacks serious literary, artistic, political, or scientific value. This concept plays a crucial role in discussions about the limits of expression, balancing the protection of free speech with societal values and norms.

5 Must Know Facts For Your Next Test

1. The Supreme Court's decision in Miller v. California (1973) set the standards for determining what constitutes obscenity, leading to the Miller Test.
2. Obscenity is not protected by the First Amendment, meaning the government can regulate or restrict it without infringing on free speech rights.
3. Community standards play a significant role in defining obscenity, meaning what is considered obscene can vary widely based on location and cultural context.
4. Unlike indecency, which can sometimes be protected under free speech laws, obscenity is always subject to regulation.
5. Broadcasting content deemed obscene can lead to fines or penalties imposed by regulatory bodies like the FCC.

Review Questions

• How does the Miller Test help define obscenity and what are its three key components?
  • The Miller Test helps define obscenity by providing a framework for courts to evaluate whether material is obscene based on three key components: whether the average person, applying contemporary community standards, would find that the work appeals to prurient interest; whether the work depicts or describes sexual conduct in a patently offensive way; and whether the work lacks serious literary, artistic, political, or scientific value. This test allows for a more objective assessment of potentially obscene material.
• In what ways do obscenity laws impact freedom of speech and press in society?
  • Obscenity laws create a tension between freedom of speech and community values. While the First Amendment protects many forms of expression, obscenity is not covered under this protection. This means that content deemed obscene can be regulated or censored by the government, which raises questions about where to draw the line between protecting society from harmful content and preserving individual rights to free expression. The interpretation of what constitutes obscenity often reflects societal norms and shifts over time.
• Evaluate how community standards influence the regulation of obscenity across different regions and cultures.
  • Community standards significantly influence how obscenity is regulated because they dictate what is considered offensive or unacceptable in a particular area. Different regions and cultures have varying values and beliefs about sexuality and expression, which means that material considered obscene in one community may be acceptable in another. This variability can lead to inconsistencies in enforcement and legal challenges when materials cross state or national boundaries. The reliance on local standards underscores the complexity of balancing national free speech protections with diverse cultural perspectives.

Related terms

Miller Test: A three-part test established by the Supreme Court to determine whether speech or expression can be legally classified as obscene.

Indecency: A broader category of speech that may not meet the strict criteria for obscenity but still includes content that some may find offensive or inappropriate.

Prior Restraint: A legal doctrine that prohibits government actions preventing speech or expression before it occurs, which can intersect with obscenity regulations.