Must Know Obscenity Laws in Film in the US
Obscenity is one of the most controversial subjects to come up in regards to the First Amendment and up until the mid-19th century. Most regulations surrounding obscenity came about within individual communities and were not federally imposed. However, the turn of the 20th century would bring about new technology, name films and the expansion of press. Which would break barriers that previously stood between private and public locations. As such, obscenity laws in film in the US would soon lay the groundwork for film censorship and obscenity prosecutions.
Obscenity in Early Films
The U.S. Supreme Court in a case Miller v. California would establish the earliest obscenity laws.
This came about several decades ago. It basically states that obscene material is that which, “The average person, applying contemporary adult community standards…lacks serious literary, artistic, political, or scientific value and taken as a whole, appears to prurient interests.”
Early obscenity laws would give rise to several films being targeted with lawsuits for their obscene material. Although it might not be in any way considered obscene today!
Including:
- Carmencita (1894) – The first film to be banned for obscenity. Carmencita was banned for the way the lead actress tugs at the bottom of her dress just a couple of times.
- The Kiss (1896) – Banned in many places for a prolonged kiss.
Protecting Young Viewers
The purpose of obscenity laws in film in the US is primarily to protect the interests of young viewers. Be it from displays of pornography or otherwise graphic content. As well as to protect unsuspecting or unwilling adults from being assaulted in an indecent capacity.
Obscenity laws in film protect viewers from being subjected to this material in public locations such as theaters or similar situations although such viewing may take place by adults in the privacy of their own home.
Censorship of Film
Although obscenity continues to be a tough concept to define. Most cases in the United States represent issues either with images or film.
Censorship laws are now in place as a means of providing a method of combatting obscenity. Without restricting freedom of expression which is afforded by the First Amendment.
Films that are rated with an “X” rating receive. Such as they are categorized to potentially have obscene. Or otherwise offensive material certainly not safe for children nor is it something the average adult might want to see.
The Takeaway
The “X” rating represents a means of describing a film that shows explicit sexual encounters.
This form of censorship was given to films as far back as 1972. And although there are still disparities in the ways that obscenity laws in film have played out. The “X” rating continues to provide a useful form of censorship for films produced in the U.S.
