Obscenity
Obscenity refers to material, language, or behavior that is considered deeply offensive to prevailing standards of morality, decency, or public order, often involving explicit sexual content that lacks serious value.
- At its core, obscenity is the quality or state of being obscene-something vulgar, indecent, or morally repugnant
- In U.S. law, obscenity is a category of speech not protected by the First Amendment.[1]
Synonyms:
- Vulgarity
- Indecency
- Suggestiveness
- Foulness
- Grossness[2]
History
Legal restrictions on various works have been around since ancient times. At the time, the government was more concerned with blasphemy and heresy, which at the time was not directly linked with sexually explicit content because that didn't end up being a concern for the government until relatively modern times.
Modern obscenity laws come into play as new technological advances were made, for example, the printing press. This was because the printing press allowed for easier access to, what was considered at the time, sexually explicit material.
A legal definition of obscenity was established in Britain in Regina v. Hicklin in 1868, where the court held that obscene material is marked by a tendency “to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall.”
In the 1820's the United States began passing obscenity laws. The Obscene Publications Act of 1857 gave courts power to seize and destroy offensive works. In the United States, the Comstock Act of 1873 became the most influential obscenity law. It banned mailing “obscene” materials, but also restricted contraceptives, abortion information, and medical texts. Anthony Comstock enforced it aggressively, silencing reformers and writers, especially women advocating for reproductive rights.
Throughout the 20th century, courts struggled to define obscenity. In Roth vs. United States, in 1957, the United States Supreme Court decided that the standard of obscenity should be that whether to the average person, the material would be appeals to sexual interest. The turning point came with Miller vs. California in 1973, which set the modern test: material is obscene if it appeals to sexual desire, is patently offensive, and lacks serious value.[3]
Modern-Day Importance
Today, obscenity remains unprotected speech, but the definition is far narrower. The history shows a shift from broad moral censorship to stricter legal standards, with lasting effects on free expression and women’s voices. Especially now that we have things like social media which also have an absurd amount of restrictions. Many sites, like TikTok restrict words such as, "rape" or "sex", or speak on any sex safety, toys or promote safe an healthy sex using contraceptives. [3]
This puts a harsh restriction on content that could be helpful to many people out there. Social media allows for creators to reach a wide variety of people, some of which use their platforms for advocacy or sharing their own personal stories. By putting restrictions on this kind of content people have a much harder time sharing their stories or the impactful stories of others. Also, by limiting the promotion of safe and consensual sex, it is much easier for sexual assault and rape to happen.
Impact on the Publishing World
Obscenity laws and the idea of obscenity has caused a lot of disrupt in the publishing world. It has opened up the opportunity for countless amounts of book challenges and bans that cause so many issues for upcoming authors. If an author decides to write about anything obscene or even graphic their book and even their reputation can be marked with derogatory terms such as "torture porn". Marking content as something people would fetishisize rather than looking deeper into the point of the story.
Moving forward, I would love to see a world where content warnings are necessary, but doesn't allow for a book to be banned or even challenge. I hope to see a society where we're open to more difficult topics to grasp because books can be a way for society to grow and move forward.
- ↑ “About | HeinOnline.” HeinOnline, 8 Mar. 2021, heinonline.org/HOL/LandingPage?handle=hein.journals/wujurisre16&div=13&id=&page=. Page 218. Accessed 24 Nov. 2025.
- ↑ Definition of OBSCENITY. 28 Nov. 2025, https://www.merriam-webster.com/dictionary/obscenity.
- ↑ 3.0 3.1 Jenkins, John Philip. "obscenity". Encyclopedia Britannica, 20 Dec. 2024, https://www.britannica.com/topic/obscenity. Accessed 5 December 2025.
