Eric Goldman’s Helpful Hints

To Knowing Your Porn Terms!

 

·        Obscenity is: “(a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.”  [Miller]

·        Indecency is: “language that describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities and organs, at times of the day when there is a reasonable risk that children may be in the audience.”  [FCC definition, quoted in Pacifica]

Compare the CDA: “any comment, request, suggestion, proposal, image or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs.”

·        Harmful to minor is:  “(a) patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; (b) appeals to the prurient interests of minors; and (c) is utterly without redeeming social importance for minors.”  [Ginsberg]

Compare COPA:  “any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that (A) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.”

·        Child pornography is:  “works that visually depict sexual conduct by children below a specified age, where the category of “sexual conduct” proscribed is suitably limited and described.”  [Ferber]  In the New York statute’s case, “sexual conduct” was defined as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.”

·        Pornography is:  ?????