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Obscenity Law

Obscenity laws were passed in order to prevent items, objects, or materials that had no artistic or literary value and were are intended to offend from being sold or distributed. The test of obscenity is somewhat subjective and includes three components, known as the Miller test. Generally the material has to appeal to the viewer's prurient interest, deviate from the accepted community standards and have no literary or artistic value. In this test different locations may consider a particular item obscene or artistic, depending largely on the community norms. The issue of obscenity laws is complicated by the First Amendment, which prohibits the United States Congress from passing laws that inhibit or infringe on the right to free speech and freedom on the press, among others. Typically obscenity laws are difficult to prove, however in cases where children are the subject matter, such as in child pornography, the laws are much less open to interpretation. Obscenity laws do not apply to material privately viewed in a home, but can come into play when the material is mailed, transported or sent over the internet.

Fast Facts

  • One of the most famous quotations about pornography and obscenity was made in 1964 by Justice Potter Steward said he couldn't define pornography but, "I know it when I see it".
  • Obscenity laws are among the least prosecuted laws and the most difficult to prove in a court of law. Many are heard as civil cases rather than criminal.

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  • Defamation and Freedom of Speech

    How can a defamation lawyer help when it comes to slander? When a person uses their right of free speech and f...
    • Site: civilrightslawfirms.com
    • 1 of 1 user(s) found this useful
  • Lewd Lascivious Conduct

    Lewd or lascivious conduct is a felony level charge in most areas that is significantly more severe than a mis...
    • Site: criminaldefenselawyer.com

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