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The Daily Insight

What kind of law is obscenity?

Author

Abigail Rogers

Updated on March 03, 2026

Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene.

What is obscenity crime?

Federal obscenity laws make it a crime to buy, sell, make, or produce obscene material. Obscene material can include written words, visual depictions, or spoken words. The definition of obscenity is anything that fits the definition upheld by the Supreme Court in Miller vs. California.

What are the different types of obscenity?

Obscenity refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value. Sometimes, material is classified as “harmful to minors” (or obscene as to minors), even though adults can have access to the same material.

What is obscenity law in India?

What does Indian law say about obscenity? Section 294 of the Indian Penal Code (IPC) punishes obscene acts or words in a public place. To be considered a crime, the obscenity must cause “annoyance to others”. A person convicted under this law can face up to three months imprisonment.

Is kissing legal in India?

Public display of affection a.k.a PDA is regarded as unacceptable in India. Kissing and hugging in public is a taboo. However, same-sex physical contact is allowed. In 2007, when actor Richard Gere kissed Shilpa Shetty in an AIDS awareness event in New Delhi, a warrant for his arrest was issued by an Indian court.

Is kissing an obscene act?

According to recent judgments, kissing is not an obscene act by itself. In higher levels of the judiciary in India kissing in public is not universally treated as an illegal act. But it is to keep in mind that if you will not state these cases, then every kiss will be treated as a sexual expression and will be obscene.

Is kissing legal in USA?

But (as far as I’m aware), there are no laws against kissing in public and it’s not unusual by any means. If by “kissing in public” you meant kissing others cheek-to-cheek as a common form of greeting (as is customary in some other countries), then no, the cheek kiss is not a typical way to greet others in the USA.

Is hugging in public a crime in India?

Public display of affection a.k.a PDA is regarded as unacceptable in India. Kissing and hugging in public is a taboo. However, same-sex physical contact is allowed.

What is a kiss on the cheek called?

“La bise” is an integral part of French greeting culture which often leaves foreigners feeling a little flummoxed. When we think of the French we think of kissing. Not really the tongue twisting “French kissing” (which isn’t actually very French) but the common cheek kisses used to to greet people, known as “la bise”.

What are obscenity laws?

Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. Indecent materials or depictions, normally speech or artistic expressions, may be restricted in terms of time, place, and manner, but are still protected by the First Amendment.

When did obscenity become illegal in the US?

Since the early 19th century, American laws have prohibited the sale and distribution of obscene materials. In 1873, obscenity laws were adopted on the federal level due in part to the efforts of Anthony Comstock.

What happens if you get caught with obscenity?

Convicted offenders face fines and imprisonment. Although the law generally does not criminalize the private possession of obscene matter, the act of receiving such matter could violate federal laws prohibiting the use of the mails, common carriers, or interactive computer services for the purpose of transportation.

What is the obscenity test?

Obscenity. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene. Obscenity is defined as anything that fits the criteria of the Miller test, which may include, for example, visual depictions, spoken words, or written text.