Mailing Obscene Material is the act of sending obscene written or visual materials through the postal system, or other means of delivery, such as email or social media. This includes sending images or videos that depict sexual acts, as well as obscene literature or other materials. The two main types of Mailing Obscene Material are sending material through the postal system (including by email and social media) and sending material through a computer network. Sending material through the postal system may involve sending books, magazines, pictures, films, or other materials that are considered obscene. Sending material through a computer network may involve sharing images, videos, or text messages that are of an obscene nature. In the United States, Mailing Obscene Material is a federal offense and can result in fines or imprisonment. In some countries, sending obscene materials through the mail is a criminal offense. In other countries, sending obscene materials through the mail may be considered a civil offense.
Mailing Obscene Material
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FAQ
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.
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.
Shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.
?(a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value.?
In Miller v. California, the U.S. Supreme Court established the standard for an obscenity conviction under the Constitution. A work will be found to be obscene if 'taken as a whole, (it) lacks serious literary, artistic, political, or scientific value.
The three-part test asked whether the average person, applying contemporary community standards, would find the work appeals on the whole to prurient interests; describes sexual conduct in a patently offensive way; and lacks any serious literary, artistic, political or scientific value.
Indecency should not be confused with obscenity. Obscenity refers to expression that receives no First Amendment protection. By contrast, indecency is often protected by the First Amendment, at least for adults.