ABSTRACT
This chapter discusses the difficult task of defining obscenity. It considers the restrictions that may be placed on indecency. Obscenity is the most graphic form of sexual expression and is banned in all media distributed in the United States. The Supreme Court regards obscenity as unworthy of constitutional protection because obscene depictions do not contribute to the exposition of ideas. State revenge porn laws generally focus on the following elements: non-consensual disclosure of images, whether still photos or video; depicting nudity or sexually explicit conduct; and causing harm, such as financial loss or mental anguish. In 1988, Congress banned obscene and indecent messages delivered via commercial telephone services. Non-obscene sexual expression may be restricted to certain places or times to protect those who wish to avoid pornography and to preserve the tone of the community. Communities attempt through zoning laws to control the impact of adult theaters and bookstores.
