2007-01-23 08:37:04 · 11 answers · asked by sheek 1 in Politics & Government ➔ Law & Ethics
All of the previous answers miss the point. The answer is, it depends. The Supreme Court has said that states may lawfully ban obscene material. However the real issue is whether something is obscene, legally, or not. On this question the Supreme Court sort of balked and said that obscenity is based on "community" standards, but that in the U.S. the community was the entire nation. So what's good in Vegas is good in Iowa. That being the case, yes possessing obscene material may be ilegal (I say may because the state still has to outlaw it with legislation), but the fact is outside of child porn or other very deviant sorts of things, most "pornogrpahy" doesn't fit the legal definition of obscene.
2007-01-23 13:53:15 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If by obscene we mean porno or sexually oriented material showing adults doing whatever the want to do I would suppose so. Personally I find some of the material disgusting but in the USA we should have the right. A Kansas court found photos of children in tights to be objectionable and illegal when possessed by an adult. I would be careful what I had in my home, a "college party" video distributor was fined 500k for having minors in his videos today.
The Right wing Christian/Neo con backlash against adult sex entertainment may well try and force women into veils and ankle length dresses according to many Human Rights activists. Incidently, the same activists decry porn as demeaning to women and men. Ahhh freedom! How to satisfy everyone?
2007-01-23 08:53:08 · answer #2 · answered by Terrania 3 · 0⤊ 0⤋
First, this answer only applies to the United States, and is for informational purposes only:
The answer is a little more complicated that you would like.
Legally "obscene" material is not protected by the First Amendment, and can be made illegal. Obscenity can be prosecuted.
With that said, most pornography is only considered "indecent," which is protected under the First Amendment, subject to reasonable time, place and manner restrictions (i.e. do not provide to minors, etc.).
The distinction between the two is defined by the "Miller Test," from the Supreme Court Case, Miller v. California.
Rather than repost the test here, I'll post a link to the Wikipedia entry for it.
http://en.wikipedia.org/wiki/Miller_test
2007-01-23 09:51:34 · answer #3 · answered by Eric 3 · 1⤊ 0⤋
You don't say where you live. The laws vary from place to place. Obviously the laws are more liberal in one area than the other.
Actually, I need to ask what you mean by "right". I mean, "rights" are very rare things, and aside from "Life, liberty and pursuit of happiness" I don't see many. While a person having porno in their house might be legally permissible, I don't see having porno as a "right".
2007-01-23 08:48:20 · answer #4 · answered by geek49203 6 · 0⤊ 1⤋
That's the problem. "Obscene" Different jurisdictions define obscene differently. Find out what the local obscenity laws are in your area.
2007-01-23 08:45:53 · answer #5 · answered by Anonymous · 0⤊ 1⤋
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2016-06-23 04:55:39 · answer #6 · answered by ? 3 · 0⤊ 0⤋
Of course they do, as long as the models are of legal age.
2007-01-23 08:45:09 · answer #7 · answered by krupsk 5 · 0⤊ 0⤋
in most states. some places have some weird obsenity laws. I think they only apply to sex toys and not porn
2007-01-23 09:24:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
of course...if someone wants to have sex and sell it and someone wants to watch it. WHy shouldnt they be able to?....unless its something illegal like kids or animals.
2007-01-23 08:45:45 · answer #9 · answered by Jungle Luv 5 · 0⤊ 0⤋
they sure do, as long as it is porn with people of legal age in it.
2007-01-23 08:43:44 · answer #10 · answered by J Q Public 6 · 0⤊ 0⤋