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United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene. Issues of obscenity arise at ...
These common-law ideas of obscenity formed the original basis of obscenity law in other common law countries, such as the United States. The classic definition of criminal obscenity is if it "tends to deprave and corrupt", stated in 1868 by Lord Justice Cockburn, in Regina v. Hicklin, now known as the Hicklin test.
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. [1] [2]
United States, 161 U.S. 29 (1896), adopted the Hicklin test as the appropriate test of obscenity. [10] However, in 1933, the Hicklin test ended on the federal level when, in United States v. One Book Called Ulysses, 72 F.2d 705 (2d Cir. 1933), Judge John Woolsey found Ulysses to not be obscene. Avoiding the Hicklin test, he said instead that in ...
[2] With its emphasis on the reaction of an average person rather than that of an especially susceptible person, the court rejected applying the Hicklin test as a means of determining whether material is obscene, and the ruling represented a liberalization of the nation's obscenity laws. [3] The concept was further refined in the matter of ...
The Child Protection and Obscenity Enforcement Act of 1988, title VII, subtitle N of the Anti-Drug Abuse Act of 1988, Pub. L. 100–690, 102 Stat. 4181, enacted November 18, 1988, H.R. 5210, is part of a United States Act of Congress which places record-keeping requirements on the producers of actual, sexually explicit materials.
In the United States, states have differing nudity and public decency laws. [4] In most states, state law prohibits exposure of the genitals and/or the female nipples in a public place, while in other states simple nudity is legal, but evidence of intent to shock, arouse or offend other persons (lewd conduct) is evidence of prohibited conduct ...
In the United States, distribution of "obscene, lewd, lascivious, or filthy" materials is a federal crime. [1] The determination of what is "obscene, lewd, lascivious, or filthy" is up to a jury in a trial, which must apply the Miller test; however, due to the prominence of pornography in most communities most pornographic materials are not considered "patently offensive" in the Miller test.