Obscenity

Defining Obscenity in the United States

Imagine a world where certain words, images, or actions are so offensive that they challenge our very sense of morality and decency. That’s what we call obscenity. An obscenity is any utterance or act that strongly offends prevailing morality, often leading to legal action under the guise of protecting public morals.

The Legal Landscape of Obscenity in America

In the United States, federal obscenity law is a complex and somewhat paradoxical area. Unlike many other countries, there’s no uniform national standard for what constitutes obscenity. Former Justice Potter Stewart famously said, “I know it when I see it,” highlighting just how subjective this term can be.

The Miller Test: A Three-Tiered Approach

Under the 1973 Miller v. California ruling, a three-tiered test was established to determine what is obscene and not protected by the First Amendment:

• Appeals to Prurient Interest: Does the work appeal to a shameful or morbid interest in sex?
• Patently Offensive Content: Is the work, taken as a whole, patently offensive with respect to community standards for what is generally accepted as being indecent in that community?
• No Serious Value: Does the work lack serious literary, artistic, political, or scientific value?

Historical Cases and Controversies

The classification of “obscene” has been judged on printed text-only stories, films, and images. Early cases dealt with textual works like A Book Named John Cleland’s Memoirs of a Woman of Pleasure, which was deemed obscene in 1966. More recent cases have involved images and films, such as the Red Rose Stories case where the publisher pleaded guilty to obscenity charges.

State-Specific Bans and Legal Battles

Some U.S. states have had bans on the sale of sex toys, with only Mississippi, Alabama, and Virginia having current bans. Literature communicating contraceptive information was also prohibited in several states until Connecticut’s ban was overturned judicially in 1965. In contrast, California declared Allen Ginsberg’s ‘Howl and Other Poems’ literature as of “redeeming social value” in 1957.

Global Perspectives on Obscenity

The laws surrounding obscenity vary widely across the globe. For instance, child pornography is universally banned without needing to be obscene, while other forms of material may face different standards depending on local or national laws. The UK’s Obscene Publications Act uses the Hicklin test, defining it as material likely to deprave and corrupt.

Modern Challenges

The internet has brought new challenges to obscenity laws. In 1997, Reno v. ACLU struck down indecency laws applying to the Internet, but the Wepplo standard still exists, which includes material with a substantial tendency to deprave or corrupt readers by inciting lascivious thoughts or arousing lustful desires.

The Paradox of Obscenity Laws

Obscenity laws are often criticized for being vague and not actionable because they involve personal preference rather than an injury. The US Supreme Court has had difficulty defining obscenity due to its paradoxical nature, making it a contentious issue in legal and ethical debates.

The Future of Obscenity Laws

As technology continues to evolve, so too will the challenges surrounding obscenity laws. The line between what is considered obscene and protected under free speech remains blurry, leading to ongoing legal battles and public discussions about morality and censorship.

As we navigate the complexities of obscenity in an increasingly digital world, one thing is clear: the definition and application of these laws will continue to be a subject of intense debate. The challenge lies not only in defining what is obscene but also in balancing free speech with public morality.