What are federal obscenity laws?

Section 1470 of Title 18, United States Code

Title 18, United States Code

Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure.

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Title 18 of the United States Code - Wikipedia

, prohibits any individual from knowingly transferring or attempting to transfer obscene matter using the U.S. mail or any means or facility of interstate or foreign commerce to a minor under 16 years of age. Convicted offenders face fines and imprisonment for up to 10 years.

What is the federal definition of obscene?

Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. For adults at least, most pornography — material of a sexual nature that arouses many readers and viewers — receives constitutional protection.

What are the 3 obscenity standards set by the US Supreme Court?

The three-part test asked whether the average person, applying contemporary community standards, would find the work appeals on the whole to prurient interests; describes sexual conduct in a patently offensive way; and lacks any serious literary, artistic, political or scientific value.

What are obscenity offenses?

Federal obscenity laws make it a crime to buy, sell, make, or produce obscene material. Obscene material can include written words, visual depictions, or spoken words. The definition of obscenity is anything that fits the definition upheld by the Supreme Court in Miller vs. California.

What is an example of obscene?

offensive, rude, or shocking, usually because of being too obviously related to sex or showing sex: In the raid, police found several boxes of obscene DVDs. He was jailed for making obscene phone calls (= ones in which unwanted sexual suggestions were made to the listener). obscene language/graffiti.

Is Distributing Pornography Illegal? Obscenity Law Explained.

What is considered obscene by law?

Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. Indecent materials or depictions, normally speech or artistic expressions, may be restricted in terms of time, place, and manner, but are still protected by the First Amendment.

What words are considered obscene?

The Explanation: Obscenity (from the Latin obscenus, meaning "foul, repulsive, detestable" ) generally covers sexual or scatological references to the body or bodily functions (i.e. F*&k and s#$t).

Is a swear word an obscenity?

The ones that will get you in trouble if you say them in school or on television? They are obscenities, which are also known as swear words. You can also say that anything offensive or inappropriate is an obscenity. This can include things that are not only dirty, but things that are offensive in other ways.

What is the punishment for obscenity?

India Code: Section Details. (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]

What is obscenity profanity?

Obscene and profane content is words or gestures that are locally considered socially offensive or vulgar.

What three things must be true for something to be considered obscene according to the FCC?

For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value.

How does the FCC define obscenity?

The FCC defines indecent speech as material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium.

What is the test to determine obscenity?

Hicklin. The test of obscenity is whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall.

Is obscenity a criminal offence?

Indecent exposure and indecent publication are also treated as criminal offences under the common law.

What was the first cuss word?

Fart, as it turns out, is one of the oldest rude words we have in the language: Its first record pops up in roughly 1250, meaning that if you were to travel 800 years back in time just to let one rip, everyone would at least be able to agree upon what that should be called.

Do obscenity laws still exist?

Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or transferring obscene matter. Convicted offenders face fines and imprisonment.

What three criteria may material be considered obscene according to the Supreme Court decision in Miller v. California?

Speech that is obscene and thus lacking First Amendment protection must be without serious literary, artistic, political, or scientific value.

What are the FCC rules about profanity?

Indecent and profane content are prohibited on broadcast TV and radio between 6 a.m. and 10 p.m., when there is a reasonable risk that children may be in the audience.

What's the difference between obscenity and indecency?

Indecency should not be confused with obscenity. Obscenity refers to expression that receives no First Amendment protection. By contrast, indecency is often protected by the First Amendment, at least for adults.

What types of violations do the FCC handle?

Is obscene material protected by the Constitution?

Obscenity and Indecency: Constitutional Principles and Federal Statutes. The First Amendment provides: “Congress shall make no law ... abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material.

What is the difference between profanity and cursing?

A curse implies damning or punishing someone, while a swear word suggests blasphemy — invoking a deity to empower your words. For the sake of modern discussion, both words are defined as profanity: vulgar, socially unacceptable language you don't use in polite conversation.

Is profanity considered harassment?

If it is viewed that the cursing is specifically directed toward an individual or group of individuals by virtue of their gender, age, race, national origin, religion, disability status or veteran status, it could be perceived as discrimination or harassment and represent the start of an illegal hostile work ...

Is cursing abusive language?

Related Definitions

Abusive language means verbal messages that use words in an inappropriate way and may include but is not limited to swearing, name-calling, or profanity.

What is your boss not allowed to do?

Not pay you overtime or minimum wage. Promise a job to an unpaid intern. Discriminate against workers. Allow you to work off the clock.