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Simple English definitions for legal terms
Obscene
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A quick definition of Obscene:
Term: Obscene
Definition: Obscene material is content that shows or describes sexual activity. To decide if something is obscene, we look at three things: 1) Would most people in the community think it's only meant to make them feel sexually excited? 2) Does it show sexual activity in a way that is very offensive? 3) Does it have any value in art, literature, politics, or science? If something is obscene, it is not protected by the First Amendment, but if it is just indecent, it is protected.
A more thorough explanation:
Definition: Obscene material refers to content that depicts or describes sexual conduct in a way that is offensive and lacks any serious literary, artistic, political, or scientific value. To determine if material is obscene, three factors are considered:
- Whether the average person in the community would find the work appealing to their sexual interests
- Whether the work depicts sexual conduct in a way that is offensive and violates state law
- Whether the work lacks any serious value beyond its sexual content
Obscene material is not protected by the First Amendment, but sexual expression that is indecent but not obscene is protected.
Example: A pornographic film that depicts explicit sexual acts in a way that is offensive and lacks any artistic or educational value would be considered obscene. However, a novel that includes sexual content but also has literary merit and explores important themes would not be considered obscene.
Explanation: The example of a pornographic film illustrates the definition of obscene material because it meets all three factors for obscenity: it appeals to sexual interests, depicts sexual conduct in an offensive way, and lacks any serious value beyond its sexual content. In contrast, the example of a novel with sexual content but also literary merit shows that not all sexual expression is considered obscene. The novel has value beyond its sexual content and is therefore protected by the First Amendment.