Interstate Obscenity Act

The term “Interstate Obscenity Act” is a colloquial reference that generally encompasses federal laws designed to regulate the transportation and distribution of obscene materials across state lines in the United States. There isn’t a single law with that exact title. Instead, a series of legislative acts and judicial interpretations contribute to the legal framework addressing obscenity.

The core legislation defining and prohibiting the interstate commerce of obscene materials is found within Title 18, Section 1462 of the United States Code. This section criminalizes the use of common carriers, such as the postal service or other delivery companies, to transport obscene materials for sale or distribution. Specifically, it prohibits the knowing use of these carriers to transport obscene, lewd, lascivious, filthy, or indecent writings, pictures, representations, figures, or images. It also prohibits taking these items from such carriers.

Section 1465 of the same title further strengthens these prohibitions by addressing the transportation of obscene matters for commercial purposes. It prohibits anyone from knowingly transporting obscene materials in interstate or foreign commerce, for the purpose of sale or distribution, or conspiring to do so. This section carries significant penalties, including substantial fines and imprisonment.

These laws, however, are only enforceable regarding materials legally defined as “obscene.” The definition of obscenity has been a subject of much debate and judicial scrutiny. The Supreme Court’s landmark decision in Miller v. California (1973) established the modern legal definition of obscenity. The “Miller test” stipulates that, for material to be considered obscene and therefore not protected by the First Amendment, it must meet the following three criteria:

1. Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and
3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

The “community standards” element is crucial. What is considered obscene in one community may not be in another, adding a layer of complexity to the enforcement of these laws. Federal courts often struggle to apply this standard consistently across different jurisdictions. Furthermore, the “serious value” prong of the Miller test provides a safeguard for works that, while potentially sexually explicit, possess artistic or intellectual merit.

The Interstate Obscenity Act, and related laws, have been the subject of ongoing legal challenges, particularly in light of the internet and the ease with which digital content can be disseminated across state lines. While the laws remain on the books, their enforcement has become increasingly difficult due to the decentralized nature of online content and the ever-evolving legal landscape surrounding free speech and expression. The challenges continue to evolve with new technologies and shifting societal norms. Modern challenges arise regarding content storage on servers located in different states or countries. Enforcing these laws in the digital age requires adapting to new technical realities and balancing the competing interests of free expression and community standards.