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United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene. Issues of obscenity arise at federal and state levels. State laws operate only within the jurisdiction of each state, and state laws on obscenity differ. Federal statutes ban obscenity and child pornography produced with real children (such child pornography is unprotected by the First Amendment even when it is not obscene). Federal law also bans broadcasting (but not cable or satellite transmission) of "indecent" material during specified hours.[1]
Most obscenity cases in the United States in the past century have involved images or films, but there have also been prosecutions of textual works as well, a notable one being that of the 18th-century novel Fanny Hill. Because censorship laws enacted to combat obscenity restrict the freedom of expression, crafting a legal definition of obscenity presents a civil liberties issue.
- ^ "Obscene, Indecent and Profane Broadcasts". Federal Communications Commission. 11 December 2015.