1. The Law of Journalism & Mass Communication
Chapter 12
Obscenity, Indecency and Pornography:
Social Norms and Legal Standards

2. Obscenity Regina v. Hicklin
Tendency to deprave those whose minds are open to such influences
Result: Adults able to see what was acceptable for children

3. Obscenity Current U.S.obscenity definition Miller v. California
1973 U.S. Supreme Court decision
Replaced all previous obscenity definitions

4. Miller v. California obscenity definition
Material that arouses sexual lust (prurient interest)
And is hard-core pornography (patently offensive)
And has no serious social value

5. Other obscenity limits
Variable obscenity
Sexual material acceptable for adults may be found obscene if provided to children
Child pornography
Showing minors in sexual situations

6. Possessing Obscene Material
The First Amendment protects possessing obscene material in one’s home
But the First Amendment does not protect possessing child pornography

7. Indecency
Generally, indecent material is sexual explicit but does not meet the Miller obscenity definition
Federal law bans indecent material completely from broadcast radio and television
But courts permit broadcasters to air indecent material from 10 p.m. to 6 a.m.

8. Indecency The FCC defines indecent material as
Describing sexual or excretory organs or activities, and
Being patently offensive based on national standards for the broadcast media

9. Indecency
In determining if material is indecent, the FCC also considers
How explicitly or graphically the material describes sexual activities
Whether the material dwells on sexual activities, and
Whether the material is meant to shock or sexually excite the audience

10. Cable and Internet Indecency
Courts have held that indecent material is protected on cable television and the Internet

11. Media Violence
The recording and video game industries have adopted voluntary ratings systems that include identifying violent content