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Advantages and disadvantages to legalizing obscenity (materials)?
I only have for against, that it sort of violates society's morals and ethics
asked in law, law and ethics, law and legal

Leohuberh answers:

Obscenity is indecency, lewdness, or offensiveness in behavior, expression, or appearance.
A)Indecent material is protected by the First Amendment and cannot be banned entirely. It may, however, be restricted to avoid its broadcast during times of the day when there is a reasonable risk that children may be in the audience.
B) An important element of lewdness is openness. It is sometimes used interchangeably with licentiousness or lasciviousness, which both relate to debauchery and moral turpitude. Behavior that is deemed morally impure or unacceptable in a sexual sense; open and public indecency tending to corrupt the morals of the community. It is a specific offense in certain state statutes and is included in general provisions in others.

For something to be "obscene" it must be shown that the average person, applying contemporary community standards and viewing the material as a whole, would find :.. (1) that the work appeals predominantly to "prurient" interest; (2) that it depicts or describes sexual conduct in a patently offensive way; and (3) that it lacks serious literary, artistic, political or scientific value.

All three of these tests must be met before the material in question can be found to be obscene. If any one of them is not met the material would not be obscene within the meaning of the law.


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