ABSTRACT

The Supreme Court uses three categories—obscenity, non-obscene sexual expression, and indecency—to define various forms of sexual expression, with each category being treated differently by the Court. Obscenity, the only one of the three categories that is not constitutionally protected, is determined by a standard called the Miller Test, which resulted from the 1973 Supreme Court case, Miller v. California In 1977, Congress passed the Protection of Children Against Sexual Exploitation Act, which made it illegal to produce, sell, distribute, or possess child pornography in the form of still photographs, motion pictures, or videotapes. Child pornography was already illegal in most states for decades, but a 1996 law, called the Child Pornography Prevention Act (CPPA), provided nationwide consistency. Pornography is a non-obtrusive form of speech. Adult video stores are easy to recognize from a distance and can be easily avoided.