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The Regulation of Obscene and Other Erotic Material

Tuesday, December 1, 2014

$1.25

Vol XCIII, No. 311

...it has the tendency to deprave and corrupt those whose minds are open to such immoral influences and into whose hands it might fall.

Obscenity: Establishing Precedent

Early Obscenity Law

Obscenity? What's that?

  • First obscenity prosecution in 1815.
  • In 19th century, obscenity law and prosecution became more common.
  • in 1842, the first federal obscenity statute regulated the importation of obscene material.
  • Most comprehensive federal statute regulating obscene material was called the Comstock Act.
  • Confiscation and regulation of obscene materials grew with technology, specifically the motion picture industry.

Obscenity? What's that?

Sooooooo many tests....

Roth-Memoirs Test

  • The dominant theme of the material taken as a whole must appeal to prurient interest in sex.
  • A court must find that the material is patently offensive beacuse it affronts contemporary community standards relating to the description or representation of sexual matters.
  • Before something can be found to be obscene, it must be utterly without redeeming social value.

The Miller Test

  • An average person, applying contemporary local community standards, finds that the work, taken as a whole, appeals to prurient interest.
  • The work depicts in a patently offensive way, sexual conduct specifically defined by applicable state law.
  • The work in question laks serious literary, artistic, political, or scientific value.

fin.

Other Standards for Obscenity

I hope the NSA isn't checking my search history for this.

  • Variable Obscenity
  • Child pornography
  • Children AS pornographers.
  • Sexting
  • Communications Decency Act of 1996
  • Child Online Protection Act of 1998
  • Children's Internet Protection Act of 2001
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