Obscenity

Disclaimer: I am not a lawyer - I have taken a handful of law classes during my time in academia, if you have serious questions about the law, please consult with a lawyer!

If you've been on any adult website, there is sometimes an obscenity clause found somewhere on the website. The clause will normally say something like, "By using this website you agree that content on this website is not obscene." So what exactly is "obscenity"? I can answer!

During the 1970s there was a court case. What became of the court case is known as the "Miller's test". So what does this test consist of? This is what it is:

• 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 or excretory functions specifically defined by applicable state law,
• Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value

An item/subject must meet all three to be deemed "obscene". This is how I interpret these three points (for those wanting a "plain English" version):

• Whether the average person you find on the street would find this specific item/product (whatever it is that's facing this test) is excessively "sexual" in nature or appeal to "lustful desire"
• Whether the average person would find this item/product (whatever is facing this test) clearly without a doubt offensive or violates laws SPECIFIC TO STATE about laws regarding sexual activity and/or excrement material (feces, urine, vomiting)
• Whether the average person would see the specific item/product (whatever it is that is facing this test) as having zero literacy (written work), artistic (visual or performance), political, or scientific value

Because of this law (while it is rare for someone to use this in court now-a-days as of the time of this post), many people who want to do anything remotely related to sex or sexuality (even if it is an educational platform), many people are scared to be hit with this lawsuit. Some laws that are specific to obscenity involve:

• Mailing "obscene" material 
• Transporting "obscene" material for the purpose of sales or distribution
• Misleading domain names on the internet
• Misleading words or digital material on the internet
• Section 1466A of Title 18, United State Code, makes it illegal for any person to knowingly produce, distribute, receive, or possess with intent to transfer or distribute visual representations, such as drawings, cartoons, or paintings that appear to depict minors engaged in sexually explicit conduct and are deemed obscene

Laws are not limited to the list above, however! "Obscenity" is one of the many reasons why BDSM bloggers (regardless of the platform) have explicit warnings on the website saying minors are not allowed to view the site (minor being defined as age 17 or younger on most sites, some sites say you must be 21+ to view to be extra safe). 

Even people with solely educational intentions (like making a sex education blog or online class) can find it difficult to make their content, out of fear of a parent hitting them with an obscenity lawsuit. Many host websites have "anti-obscenity" clauses as well so content creators can't post anything on the website that's even remotely similar to nudity, genitalia, breasts, buttocks, or sex acts (even if it's just a medical illustration of the body part or discussion involving STDs/STIs). Sadly there are not a lot of options out there for those who want to educate others about human sexuality and the future doesn't look too bright in this regard either with laws like SESTA/FOSTA and  COPPA. 

If you would like to learn and read more about obscenity, check out the following links [applicable to laws in the USA only]:

• "CITIZEN'S GUIDE TO U.S. FEDERAL LAW ON OBSCENITY": https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-obscenity
• "Obscenity": https://www.justice.gov/criminal-ceos/obscenity
• "Pornography and Obscenity": https://www.freedomforuminstitute.org/first-amendment-center/topics/freedom-of-speech-2/adult-entertainment/pornography-obscenity/
• "Obscenity Law": https://www.hg.org/obscenity-law.html