Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Chapter Overview
Chapter 10: Obscenity and Indecency
The most important understanding students should take from this chapter is the legal differences
among obscenity, indecency, and pornography. Students should realize that obscenity is a
carefully crafted legal concept. The Miller v. California definition of obscenity is long and
complex, but the government must prove that all of the definition applies to the material in
question or the material cannot be found obscene.
Pornography is a generic term used popularly but not by courts. The only exception is child
pornography, a term defined in the law and applied by courts. However, pornographic material
has been regulated. For example, courts allow cities to use zoning laws to regulate the locations
of adult bookstores and theaters in ways zoning laws could not be applied to ordinary bookstores
and theaters. In 2014, the Supreme Court explored whether or not the U.S. allows child
pornography victims to seek restitution from both the person who created the images as well as
those who possess the images. A lower court is reconsidering the issues raised in the Court’s
Paroline decision.
Outline
I. Obscenity
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
a. Comstock and Hicklin
b. Current Obscenity Definition
i. Prurient Interest and Local Standards
ii. Patently Offensive
iii. Serious Social Value
C. Enforcing Obscenity Laws
i. Variable Obscenity
ii. Child Pornography
iii. Sexting
iv. Possessing Obscene Material
v. Procedural Protections
II. Indecency
a. Broadcast Indecency
i. Defining Broadcast Indecency
ii. Channeling Broadcast Indecency
iii. Television Program Ratings and the V-Chip
b. Cable Indecency
c. Internet Indecency