Obscenity

Legal concept regarding offensive content

Obscenity

Cover of Fanny Hill from 1910

Obscenity is a legal term that refers to any statement or act that strongly offends the prevalent morality of the time. The concept of obscenity is often related to pornography, but it is broader and can include any material that is considered offensive or indecent by societal standards. The definition and regulation of obscenity vary significantly across different jurisdictions and cultures.

Legal Definitions

The legal definition of obscenity has evolved over time. In the United States, the Supreme Court has played a significant role in shaping the legal standards for what constitutes obscenity. The landmark case Roth v. United States (1957) established that obscenity is not protected by the First Amendment.

The current standard for determining obscenity in the United States is the Miller test, established in Miller v. California (1973). According to this test, material is considered obscene if:

1. The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest. 2. The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law. 3. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Historical Context

Illustration from Fanny Hill 1906 edition

Historically, works considered obscene have often been subject to censorship and legal action. One of the most famous examples is the novel Fanny Hill, written by John Cleland in 1748. The book was banned for its explicit sexual content and was the subject of numerous obscenity trials.

In the 19th and early 20th centuries, obscenity laws were used to suppress a wide range of materials, including literature, art, and theater. The Comstock laws in the United States, named after Anthony Comstock, were particularly notorious for their broad application against materials deemed immoral.

Modern Perspectives

In contemporary society, the concept of obscenity continues to be debated, especially with the advent of the internet and digital media. The global nature of the internet poses challenges for regulating obscene content, as different countries have varying standards and laws regarding what is considered obscene.

The rise of social media platforms has also brought new dimensions to the discussion of obscenity, as these platforms must navigate the fine line between freedom of expression and the regulation of offensive content.

Related Pages

• Pornography
• Censorship
• Freedom of speech
• Miller v. California
• Roth v. United States