Legal Definitions - Obscene

Definition: Obscene material refers to content that depicts or describes sexual conduct in a way that is offensive and lacks any serious literary, artistic, political, or scientific value. To determine if material is obscene, three factors are considered:

1. Whether the average person in the community would find the work appealing to their sexual interests
2. Whether the work depicts sexual conduct in a way that is offensive and violates state law
3. Whether the work lacks any serious value beyond its sexual content

Obscene material is not protected by the First Amendment, but sexual expression that is indecent but not obscene is protected.

Example: A pornographic film that depicts explicit sexual acts in a way that is offensive and lacks any artistic or educational value would be considered obscene. However, a novel that includes sexual content but also has literary merit and explores important themes would not be considered obscene.

Explanation: The example of a pornographic film illustrates the definition of obscene material because it meets all three factors for obscenity: it appeals to sexual interests, depicts sexual conduct in an offensive way, and lacks any serious value beyond its sexual content. In contrast, the example of a novel with sexual content but also literary merit shows that not all sexual expression is considered obscene. The novel has value beyond its sexual content and is therefore protected by the First Amendment.