Obscenity is considered one of the most debated and confusing area of the First Amendment (Hudson). As a result, a new form of guidelines were needed to overcome the obscenity issue. During the 1950s and 1960s, the Supreme Court created guidelines that could be used in an obscenity case and these guidelines were put in effect during the Miller v. California case (Hudson). These guidelines deal with the average person in regard to applying standards of the community and how the work is viewed; is it offensive or sexual conduct is being used and so forth (Hudson).
Individuals cannot be charged with obscenity as long as they do not depict “patently offensive hard core sexual conduct” (Hudson). Things can be perceived as obscene but legally it is not considered obscene. …show more content…
Georgia (1974) case. In the case of Jenkins v. Georgia (1974), the Supreme Court realize that nudity does not mean obscenity when they decided that the film, Carnal Knowledge was not legally
Individuals cannot be charged with obscenity as long as they do not depict “patently offensive hard core sexual conduct” (Hudson). Things can be perceived as obscene but legally it is not considered obscene. …show more content…
Georgia (1974) case. In the case of Jenkins v. Georgia (1974), the Supreme Court realize that nudity does not mean obscenity when they decided that the film, Carnal Knowledge was not legally