United States obscenity law

United States obscenity law deals with the regulation or suppression of what is considered obscenity. In the United States, discussion of obscenity revolves around what constitutes pornography and of censorship, but also raises issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. The States have a direct interest in public morality and have responsibility in relation to criminal law matters, including the punishment for the production and sale of obscene materials. State laws operate only within the jurisdiction of each state, and there are a wide differences in such laws. The federal government is involved in the issue indirectly, by making it an offense to distribute obscene materials through the post, to broadcast it, as well as in relation to importation of such materials.

Most obscenity cases in the United States in the past century have revolved around images and films, but there have also been many cases that dealt with textual works as well, most infamously that of the 18th century novel Fanny Hill. Because censorship laws enacted to combat obscenity restrict freedom of expression, crafting a legal definition of obscenity presents a civil liberties issue.

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 , who created and led the New York Society for the Suppression of Vice. Comstock's intense lobbying led to the passage of an anti-obscenity statute known as the which made it a crime to distribute "obscene" material through the post. It also prohibited the use of the mail for distribution of birth control devices and information. Comstock was appointed postal inspector to enforce the new law. Twenty-four states passed similar prohibitions on materials distributed within the states. The law criminalized not only sexually explicit material, but also material dealing with birth control and abortion. However, the legislation did not define "obscenity", which was left to the courts to determine on a case by case basis.

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