Unmasking the Shocking Truth Behind the Relentless Flood of Disturbing Manuscripts—What Angela Hoy Discovered Will Shock You!
-Reno v. ACLU, 521 U.S. 844 (1998).
Obscenity
Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene. Obscenity is defined as anything that fits the criteria of the Miller test, which may include, for example, visual depictions, spoken words, or written text.
Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or transferring obscene matter. Convicted offenders face fines and imprisonment. Although the law generally does not criminalize the private possession of obscene matter, the act of receiving such matter could violate federal laws prohibiting the use of the mails, common carriers, or interactive computer services for the purpose of transportation. (For more information, see Citizen’s Guide to Federal Law on Obscenity). – Criminal Division, U.S. Department of Justice
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