Quick Answer: How Is Obscenity Defined?

Why is obscenity so hard to define?

Obscenity should not be defined by a set of guidelines, because each individual views the content of material differently.

Such rulings are still applicable even thirty or fifty years later, as is shown in the 2004 case of Ashcroft v.

American Civil Liberties Union..

What are the three parts of the obscenity test?

Burger established a three-part test for juries in obscenity cases: “Whether the average person, applying contemporary community standards, would find that the work taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined …

How do you use obscenity in a sentence?

obscenity in a sentenceHe stepped up to the ball and uttered a playful obscenity.Several witnesses within earshot of the two said they exchanged obscenities.They respond to this mobile morality with salty obscenities or indifference.His fervor undeterred, he shouted obscenities through his oxygen mask.More items…

How do you spell obscenity?

noun, plural ob·scen·i·ties for 2, 3. the character or quality of being obscene; indecency; lewdness.

What is an example of obscenity?

The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene. Obscenity is defined as anything that fits the criteria of the Miller test, which may include, for example, visual depictions, spoken words, or written text.

What is the meaning of obscenity?

the character or quality of being obscene; indecency; lewdness. something obscene, as a picture or story. an obscene word or expression, especially when used as an invective.

What are obscene words?

An obscenity is a dirty word or phrase. … They are obscenities, which are also known as swear words. You can also say that anything offensive or inappropriate is an obscenity. This can include things that are not only dirty, but things that are offensive in other ways.

What words are considered obscene?

For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person’s prurient interest; depict or describe sexual conduct in a “patently offensive” way; and, taken as a whole, lack serious literary, artistic, political or scientific value.

What does shouting obscenities mean?

a very offensive or sexually shocking word or sentence: He was shouting and screaming obscenities.

How does the court define obscenity?

Obscenity is a category of speech unprotected by the First Amendment. Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. … Prior to Miller, judges testing for obscenity invoked the wisdom handed down by the Court in Roth v. United States.

Is obscenity a felony?

Example of Obscenity Involving a Minor This act is clearly against the law, and in many states it may be charged as either a misdemeanor or a felony, depending on the exact circumstances.