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The sale and distribution of obscene materials had been prohibited in most American states since the early 19th century, and by federal law since 1873. Adoption of obscenity laws in the United States at the federal level in 1873 was largely due to the efforts of Anthony Comstock, who created and led the New York Society for the Suppression of Vice.
In the United States, states have differing nudity and public decency laws. [4] In most states, state law prohibits exposure of the genitals and/or the female nipples in a public place, while in other states simple nudity is legal, but evidence of intent to shock, arouse or offend other persons (lewd conduct) is evidence of prohibited conduct ...
Cover of an undated American edition of Fanny Hill, c. 1910. In the United States, issues of obscenity raise issues of limitations on the freedom of speech and of the press, which are otherwise protected by the First Amendment to the U.S. Constitution. Federal obscenity law in the U.S. is unusual in that there is no uniform national standard.
Obscenity laws in the majority of the states provide exemptions and are designed to prevent legal action against school, museum and library employees, who typically provide access to a breadth of ...
The term obscene is not defined in the actual text of Comstock Act, nor is it defined in the text for much of any of U.S. obscenity law, but the Miller test provides the most current definition used by courts when judging obscenity. [36] [37] [38] The Miller Test has three prongs which are as follows:
The proposal to make school librarians subject to criminal penalties if they violate state obscenity laws, Senate Bill 154, is even more controversial. Current law exempts public librarians, as ...
If law passes, school librarians and some teachers could face a fifth-degree felony punishable by up to one year in prison and a $2,500 fine. If law passes, school librarians and some teachers ...
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, false statements of fact, and commercial ...