Using obscene images for commercial purposes is a debated topic in the US legislative
field. In the interpretation of the Supreme Court, the First Amendment protects the right
for the freedom of speech, but it does not protect obscenity (Miller & Cross, 2013, p. 74).
However, there are few problems with commercial products exposing obscenity. The first
problem stems from the fact, that sometimes it is hard to clearly define what should be
considered obscene and what should not. The second issue is that there is no agreement on
the federal level on this matter and it leaves a lot of freedom to the local state authorities,
which, in different states, may hold different opinions. The third issue in this case stems
from the fact that even obscene materials can be treated differently in commerce. The level
of exposure can be controlled by state authorities on different levels.
The denial from Ohio State Liquor Authority (OSLA) to sell the product with labels that
display a drawing of a squirrel making the gesture generally known as “giving the finger”
is most likely based on inappropriate exposure if vulgarity that is not fit for minors. Under
the famous Miller test, used by the Supreme Court as a test for legal obscenity, a work is
obscene if: (a)…”the average person, applying contemporary community standards’ would
find the work, as a whole, appeals to the prurient interest,…(b)…the work depicts or
describes, in a patently offensive way, sexual conduct specifically defined by the
applicable state law, and (c)…the work, taken as a whole, lacks serious literary, artistic,
