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United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene, as well as to 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. State laws operate only within the jurisdiction of each state, and there are differences among such laws. Federal statutes ban obscenity and child pornography produced with real children (such child pornography is unprotected by the First Amendment even when it is not obscene). Federal law also bans broadcasting (but not cable or satellite transmission) of "indecent" material during specified hours.[1]
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, a notable case being that of the 18th-century novel Fanny Hill. Because censorship laws enacted to combat obscenity restrict the freedom of expression, crafting a legal definition of obscenity presents a civil liberties issue.
- ^ "Obscene, Indecent and Profane Broadcasts". Federal Communications Commission. 11 December 2015.
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