Obscenity is a dirty word or phrase. It can also refer to the quality of being lewd, bawdy, or just plain offensive. Anything offensive or inappropriate is an obscenity.
Is Obscenity protected under the First Amendment?
Obscenity is not protected under the First Amendment rights to free speech, and violations of Federal obscenity laws are criminal offense.
How is Obscenity defined?
The Miller test for determining obscenity Miller Vs. California.
The test for obscenity includes the following criteria:
(1) Whether the average person applying contemporary community standards would find the work, taken as a whole, appeals to prurient interests. (prurient means in part unhealthy)
(2) Whether the work depicts or describes, in a potently offensive way, sexual conduct specifically.
(3) Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value
Anything offensive or inappropriate is an obscenity.
The standards of what is harmful to minors may differ from the standards applied to adults. Based on local community standards. Medora's community standards are different then Las Vegas.
Decisions by the Supreme Court has strengthened the possibility of community control over the legal regulation of obscenity.
It is time to take back our communities one block at a time.
Does your community have a ordinance addressing Obscenity/Decency? Your community and law enforcement needs direction and support that a city ordinance would provide.
Please contact your mayor and city council members and let’s get this done. Cars and trucks are being parked in front of our schools, churches, playgrounds, parks, and campgrounds, with bumper and window slickers, flags and signs are put up in yards and on pickups driving around our streets with obscenities displayed. There are other words to relay their messages, it says more about the people displaying this obscenity than the issues they are expressing.
Community Standards need to be established and protected by a city ordinance.
What kind of community do you want to live in?
Wally Owen, Medora