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. Courts apply the Miller Test (Miller v. California, 1973)[1] to determine obscenity.
History
Obscenity laws began as moral codes in early societies, often tied to religion. In England, the 18th-century case R v. Curl treated obscene publishing as a crime against public morals, and 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. The turning point came with Miller v. California (1973), which set the modern test: material is obscene if it appeals to sexual desire, is patently offensive, and lacks serious value.
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.
