Difference between revisions of "Obscenity"

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Displaying obscene content on web pages is [http://www.access.gpo.gov/uscode/title18/parti_chapter71_.html illegal] in the United States.
 
Displaying obscene content on web pages is [http://www.access.gpo.gov/uscode/title18/parti_chapter71_.html illegal] in the United States.
  
Obscenity is not as clearly defined as [[ChildPornography|child pornography]].
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Obscenity is not as clearly defined as [[ChildPornography|child pornography]]. Federal and state courts use a 1973 case to consider whether material is obscene, applying three criteria:
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*Whether an average person, applying contemporary community standards, would find that the work as a whole appeals to prurient interest
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*Whether the work depicts sexual content in a patently offensive way
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*Whether the work as a whole lacks serious artistic, literary, political or scientific merit
  
  ([ 18 U.S.C., p1, Chapter 71]) but the definition of obscene is much less specific than the definition of [[ChildExploitation]].  Obscenity is generally governed by the Supreme Court Case [http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=US&vol=413&invol=15 Miller v. California, 413 U.S. 15 (1973)] which resulted in a three part test for obscenity.  The test begins with a reference to [[AboutUs:CommunityStandards|community standards]] and ends with the question of serious value. The Miller Test is quoted below:
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Cornell University Law School has an informative page on [http://topics.law.cornell.edu/wex/obscenity obscenity].
<blockquote>(a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to [[PurientInterest]],
 
<br>(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and
 
<br>(c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.</blockquote>
 
 
 
* Appeals to [http://www.lectlaw.com/def2/p106.htm prurient interest] as defined by [[AboutUs:CommunityStandards]]
 
* Patently offensive sexual conduct(content) that lacks serious literary, artistic, political, or scientific value
 
  
 
More on obscenity:
 
More on obscenity:

Revision as of 01:09, 30 January 2010

Displaying obscene content on web pages is illegal in the United States.

Obscenity is not as clearly defined as child pornography. Federal and state courts use a 1973 case to consider whether material is obscene, applying three criteria:

  • Whether an average person, applying contemporary community standards, would find that the work as a whole appeals to prurient interest
  • Whether the work depicts sexual content in a patently offensive way
  • Whether the work as a whole lacks serious artistic, literary, political or scientific merit

Cornell University Law School has an informative page on obscenity.

More on obscenity:

adultweblaw
WikiPedia First Amendment/Obscenity
University of Missouri-Kansas City Law School

See also:



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