AdultBizLaw.com - Fattorosi & Chisvin

Obscenity

Obscenity is defined as "offensive to the accepted standards of decency." The paramount case that sets forth the standards for evaluating whether content is obscene is Miller v. California from 1973. In this case, the Supreme Court establishes factors for evaluating material deemed to be obscene: "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 by the applicable state law and whether the work, taken as a whole, lacks serious lieterary, artistic, political, or scientific value."

Additionally, many still refer to Supreme Court Justice Stewart's common sensical pornography and obscenity test, "I know it when I see it." The Supreme Court, in reviewing these cases, seeks to balance community standards and welfare with the free speech rights guaranteed under the First Amendment.

Ongoing obscenity prosecution cases can have a drastic effect on those operating within the adult entertainment industry. This page is designed to help keep you abreast of cases that could have an adverse affect your business as part of the adult entertainment industry.

It is important to remain vigilant of ongoing prosecutions so that you may develop your own "do not ship" lists based upon your own risk assesment and products. Also, please be aware that several states have either banned or severly restricted the sale of adult novelties and toys.

Although this database is meant to be a comprehensive guide to obscenity prosecutions throughout the nation, it is in no way meant to substitute for legal consultation.

Notable Case Law, Articles and Statutes pertaining to obscenity -

Miller v. California 413 U.S. 15 (1973)

The Supreme Court case infamous for the developing the current test for obscenity. The Miller Test for obscenity is still used in all obscenity prosecutions. In order to fully understand how obscenity a working knowledge of the 3 part Miller test is necessary.

Ashcroft v. Free Speech Coalition 535 U.S. 234 (2002)

US Supreme Court decision indicating that The Child Pornography Prevention Act of 1996 (CPPA) is unconstitutional as being overbroad, vague and meant to chill free speech under the First Amendment.

Roth v. United States 354 U.S. 476 (1957)

One of the earliest cases dealing with the First Amendment's protection of pornography. In Roth, he was convicted of using the US Mail to deliver obscene material. The US Supreme Court affirmed his conviction, but in their decision, they set forth the early beginnings of what would become the Miller Test.

Do Not Ship List - DVD/Novelties/Internet

If you are a retailer selling to the general public, it is important that you are careful where you ship your adult material to. Many obscenity prosecutions have been instituted by the anonymous purchases of pornography by a governmental law enforcement agency with a request that their order to shipped to a certain locality. In an effort to aviod prosecution, adult retailers have started developing "Do Not Ship" informing potential clients where they will NOT ship their product to.

This "list" is a living document, meaning that as law enforcement (US or even local) prosecute retailers and content producers for obscenity it will change. Please do NOT rely on the following information without seeking your own independent legal representation to advise you on any changes to the landscape of obscenity prosecutions. AdultBizLaw.com will be updating our list periodically, however, on any given day it may be outdated.

Cities:

Jacksonville, Florida
Tallahassee, Florida
Fairview Heights, IL
Belleville, IL
Indianapolis, Indiana
Cincinnati, Ohio
Oklahoma City, OK
Memphis, Tennessee
Newport News, VA

States:

Alabama

Arkansas

Georgia (Novelty Restriction Only)

Kansas (Novelty Restriction Only)

Louisiana (Novelty Restriction Only)

Mississippi

Montana

North Carolina

Oklahoma (Novelty Restriction Only)

Texas (Novelty Restriction Only)

Utah

Zip Codes:

Kansas (Johnson County):

66031

66061

66202

66212

66219

 

Louisiana (Lincoln Parish):

71001

71227

71234

71235

71241

71245

71270

71272

71273

71275

Countries:

Angola

Bahrain

Barbados

China

Dominican Republic

Germany

India (Novelty Restriction Only)

Indonesia

Ireland

Kazakhstan

Mexico

Russia

Saudi Arabia

Singapore

Taiwan

Thailand

Turkey

Venezuela