When was obscenity legally defined?

The Miller Test is the primary legal test for determining whether expression constitutes obscenity. It is named after the U.S. Supreme Court's decision in Miller v. California

Miller v. California

In Miller v. California, 413 U.S. 15 (1973), the Supreme Court upheld the prosecution of a California publisher for the distribution of obscene materials. In doing so, it established the test used to determine whether expressive materials cross the line into unprotected obscenity.

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Miller v. California | The First Amendment Encyclopedia

(1973).

When was obscenity defined?

Hicklin (1868). The Hicklin rule provided the following test for obscenity: “whether the tendency of the matter . . . 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.”

When were obscenity laws invented?

Beginning in the 1820s, state governments in the United States began passing obscenity laws, and in 1842 the federal government enacted legislation that allowed the seizure of obscene pictures.

How is obscenity defined legally?

obscene. adj., adv. a highly subjective reference to material or acts which display or describe sexual activity in a manner appealing only to "prurient interest," with no legitimate artistic, literary or scientific purpose.

How is obscenity defined in the Miller case from 1973?

"(a) 'Obscene' means that to the average person, applying contemporary standards, the predominant appeal of the matter, taken as a whole, is to prurient interest, i.e., a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation ...

Legal Definition of Obscenity

What was the first obscenity case?

Kentucky (1970) reversed a state court opinion which had said the movie I, A Woman was obscene. Obscenity is not protected by the First Amendment... Commonwealth v. Sharpless (1815) led to the first obscenity prosecution in the United States.

Has obscenity been defined by the Supreme Court?

Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value".

Who decides the definition of obscenity?

The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene. Obscenity is defined as anything that fits the criteria of the Miller test, which may include, for example, visual depictions, spoken words, or written text.

Do obscenity laws still exist?

Section 1470 of Title 18, United States Code, 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.

Why is obscenity so hard to define?

Obscenity should not be defined by a set of guidelines, because each individual views the content of material differently. Such rulings are still applicable even thirty or fifty years later, as is shown in the 2004 case of Ashcroft v. American Civil Liberties Union.

What is the purpose of obscenity Act of 1961?

The emphasis in the Obscene Act of 1961 was on the effect of the offending article on its buyers or audience. This is the concept of “relative obscenity”. According to this concept, an article cannot be inherently obscene. It will only be obscene judging by its effects on its likely customers.

What were the 19th century obscenity laws?

The Comstock Act of 1873 made it illegal to send “obscene, lewd or lascivious,” “immoral,” or “indecent” publications through the mail. The law also made it a misdemeanor for anyone to sell, give away, or possess an obscene book, pamphlet, picture, drawing, or advertisement.

How is obscenity defined by the criminal code?

(8) For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene. R.S., 1985, c.

What are the three criteria for obscenity?

In Miller v. California, the U.S. Supreme Court established the standard for an obscenity conviction under the Constitution. A work will be found to be obscene if 'taken as a whole, (it) lacks serious literary, artistic, political, or scientific value.

What are examples of illegal obscenity?

For example, using a popular children's toy name in your website address to lure children to obscene material is a federal crime. Creating visual representations, such as cartoons, paintings, or drawings that depict minors engaging in obscene or sexual acts is also illegal under federal law.

Why is obscenity not protected by the First Amendment?

But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance. It was objected that obscenity legislation punishes because of incitation to impure thoughts and without proof that obscene materials create a clear and present danger of antisocial conduct.

What Court case created the test for obscenity?

The Miller Test is the primary legal test for determining whether expression constitutes obscenity. It is named after the U.S. Supreme Court's decision in Miller v. California (1973).

Is obscenity a criminal Offence?

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

What is the Anti Obscenity Enforcement Act of 1998?

The Anti-Obscenity Enforcement Act of 1998 is an Alabama statute that criminalizes the sale of sex toys. The law has been the subject of extensive litigation and has generated considerable national controversy.

What is obscene publications acts 1959 and 1964?

The Obscene Publications Act 1959

It also criminalises a person who has an obscene article for publication for gain (personal gain, or gain for another), to be interpreted in accordance with the provisions of the Obscene Publications Act 1964.

What is the Obscene Publications Act 1964?

An Act to strengthen the law for preventing the publication for gain of obscene matter and the publication of things intended for the production of obscene matter.

What was the obscene publication Act of 1857?

The 1857 Obscene Publications Act was designed to herald a new era of literary censorship within British publishing, addressing an increasing tension between widening access to literature and moral quality control.

What is Section 2 Obscene Publications Act 1959?

2 Prohibition of publication of obscene matter.

(a)on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months; (b)on conviction on indictment to a fine or to imprisonment for a term not exceeding [F2five years] or both.

What is the obscenity act UK?

Under the Obscene Publications Act 1959, an obscene publication is an article to be read, looked at or listened to that tends to deprave and corrupt those who are likely to read, see or hear the material that is contained in it, taking into account all the relevant circumstances.

Which Supreme Court case declared that obscene material is not protected by the First Amendment?

United States, 354 U.S. 476 (1957) Later superseded by another decision, this ruling held that the First Amendment does not protect obscene speech.