What is Obscenity?

What is your Definition?

Are These Obscene?

Roth v US (1957) Samuel Roth –business operator in a “red light” district. Sold sexually explicit pictures, books and magazines Federal law forbade using the U.S. Mail for any materials that would “stir sexual impulses and lead to sexually impure thoughts.”

Roth Arguments Expression protected regardless of its popularity or subject matter/not a violation of national security. Federal statute defined obscenity in a vague manner. Stirring sexual impulses could be anything. Provided no “clear and present danger”

U.S 1st Amendment doesn’t protect all forms of speech. Materials lacked any “redeeming social values”

Jacobellis v OH (1964) Changed to national standards Knew obscenity when they saw it

Miller v California (1973) Citizens of Newport Beach were receiving advertisements with photos of people engaged in sex acts. Violated State Criminal Code of CA 2nd period Volstead Act

Arguments - Miller CA law and its local application exceeded guidelines of Roth. Cannot have hundreds of definitions of obscenity and pornography

Arguments – Newport Right not to be confronted by patently filthy material arriving unwanted at their homes. Protect public health, safety, welfare and morals.

3 Part Test Decision Material taken as a whole appeals to a prurient interest. Lacks serious literary, artistic, political or scientific value Violates a community standard

Stanley v Georgia (1969) The state cannot make it a crime to possess obscene material for his or her own use his or her home.

Osborne v OH (1990) Crime to possess pornographic photographs of children even in the privacy of ones own home. Upheld Ohio law which Portrayed a minor in a “state of nudity” if that constituted lewd exhibition or a graphic focus on genitals. Exception – material possessed by the child’s parents for a bona fide artistic, educational or scientific purpose.