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Aug 11, 2023 · The matter involving minors can be deemed obscene if it (i) depicts an image that is, or appears to be a minor engaged in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse and (ii) if the image lacks serious literary, artistic, political, or scientific value.
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Aug 11, 2023 · Obscenity. Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene.
United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene.
- Federal Material
- State Material
- Other References
Federal Judicial Decisions
1. U.S. Supreme Court: 1.1. United States v. One Book Entitled Ulysses 1.2. Miller v. California 1.3. Roth v. United States 1.4. Reno v. American Civil Liberties Union (“ACLU I”) 1.5. Ashcroft v. Civil Liberties Union (“ACLU II”) 1.6. ACLU v. Mukasey 1.7. Decisions on Employment Discrimination 1.8. LII Supreme Court Bulletin Oral Argument Previews 2. Federal Law 2.1. Obscenity Law 18 U.S.C. §§ 1460 - 1470 2.2. Children's Protection Act CIPA 2.3. Children's Online Privacy Protection Act COPPA...
State Statutes
1. New York State Obscenity Law - Article 235.00 to 235.24 Obscenity and Related Offenses 2. California Penal Code §311 to 312.7 Chapter 7.5 Obscene Matter 3. State Statutes Dealing with Labor
State Judicial Decisions
1. N.Y. Court of Appeals: 1.1. Decisions 1.2. Commentary from LII Bulletin - NY 2. Appellate Decisions from Other States
Key Internet Sources
1. LII Resources: Obscenity 2. Citizen's Guide to U.S. Federal Law on Obscenity 3. U.S. Department of Justice Child Exploitation and Obscenity Section CEOS
Jan 7, 2016 · A state or quality of being shocking to a person’s sense of what is decent or moral. An utterance, act, or object that is obscene. An offensive work, behavior, language, or image. Origin. 1600-1610 French obscénité. History of United States Obscenity Laws.
18 U.S. Code Chapter 71 - OBSCENITY. § 1460. Possession with intent to sell, and sale, of obscene matter on Federal property. § 1461. Mailing obscene or crime-inciting matter. § 1462. Importation or transportation of obscene matters. § 1463. Mailing indecent matter on wrappers or envelopes.
Jul 5, 2011 · Amdt1.7.5.11 Obscenity. First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
