ABSTRACT
This chapter assesses the obscenity offense, which criminalizes sexually explicit material such as text, images, or videos. Increasing societal acceptance of such content has prompted dramatic legal shifts and a narrowing of the obscenity offense. First, the chapter discusses the case of John Cleland, the author of a scandalous and sensational novel in the 1700s who was prosecuted and whose writing was even blamed for a series of London earthquakes. The chapter then discusses the case of Larry Flynt, who, centuries later, created Hustler magazine which portrayed explicit content and outright pornographic images. Flynt was prosecuted and convicted of obscenity and was involved in several litigations regarding his magazine’s scandalous content, but never faced serious jail time. The chapter then reveals the state diversity in obscenity offenses, which involve varying definitions of obscenity. The chapter argues that while some states have abolished the offense altogether, the others may maintain the offense out of fear of what the decriminalization of obscenity may signal to society. The chapter discusses the various definitions of obscenity and the various judicial decisions and legislative acts which have contributed to the shifting legal views of obscenity.
