When it comes to legal terms, ‘obscene’ is one of those words that is often thrown around without a clear definition — but what does it really mean? In this blog, we’re taking a look at the definition of ‘obscene’ and how it impacts the modern-day legal system.
The Definition of ‘Obscene’
In legal terms, obscene refers to a form of expression where the content of the material is such that it goes against accepted standards of morality. In order for material to be deemed ‘obscene’, it must be unable to be portrayed in a non-offensive way and it must possess ‘unwholesome influence’ on society at large. This definition of obscenity was established in the decision of the U.S. Supreme Court Case, Miller v. California in 1973.
Modern Application of Obscenity Laws
Since the Miller v. California ruling, obscenity laws have been applied to real-world situations in modern-day law. In recent years, cases involving obscenity have centered around topics such as internet pornography, virtual child pornography, and violent video games. In addition, obscenity laws have also been used to help to prosecute cases involving indecent exposure and harassment.
The Limitation of Obscenity Laws
It is important to note that obscenity laws are limited in scope. In general, obscenity laws do not cover expression that is considered inflammatory, distasteful, or offensive — it must be deemed to be “obscene.” Furthermore, courts also allow for exceptions when the material in question has literary, artistic, political, or scientific value.
Conclusion
In conclusion, obscene is a legal term that has been defined by the U.S. Supreme Court and applied to modern-day legal cases. While obscenity laws are limited in scope, they have been used to prosecute cases involving obscene content, such as internet pornography, virtual child pornography, and violence in video games. Understanding the definition of ‘obscene’ and its limitations is essential for anyone wanting to stay up-to-date on the law.