Definition |
The definition of obscenity in the U.S. is rooted in anti-obscenity laws developed in England. The definition of obscenity has evolved over time as described in the following court decisions and congressional statutes: The Tariff Act (1842). The Hicklin Test (1857). The Comstock Law (1873). The Roth Test (1957). The Miller Test (1973). The Child Pornography Prevention Act (1996). |
The Tariff Act (1842) |
First anti-obscenity law in America and was shaped by English-style decency laws. It banned the importation of indecent material such as: Prints. Paintings. Lithographs. Engravings, etc. |
The Hicklin Test (1857) |
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The Comstock Law (1873) |
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The Roth Test (1957) |
This is considered the Supreme Court's first major obscenity-related case. Samuel Roth, a bankrupt New York publisher and author, was convicted of distributing banned pornography. On appeal, the Supreme Court upheld the conviction and developed the Roth Test to define obscene material:
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The Miller Test (1973) |
In Miller v. California (1973), the Supreme Court ruled that obscene material does not enjoy First Amendment protections if:
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The Child Pornography Prevention Act (1996) |
This act banned:
In Ashcroft v. Speech Coalition, the Supreme Court ruled that parts of the Act were unconstitutional:
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