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The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
Pornographic films (pornos), erotic films, sex films, 18+ films, or also known as blue movie or blue film are films that present sexually explicit subject matter in order to arouse, fascinate, or satisfy the viewer. Pornographic films present sexual fantasies and usually include erotically stimulating material such as nudity (softcore) and sexual intercourse (hardcore). A distinction is sometimes made between "erotic" and "pornographic" films on the basis that the latter category contains more explicit sexuality, and focuses more on arousal than storytelling; the distinction is highly subjective.
Hardcore pornography, or hardcore porn, is pornography that features detailed depictions of sexual organs or sexual acts such as vaginal, anal or oral intercourse, fingering, anilingus, ejaculation, and fetish play. The term is in contrast with less-explicit softcore pornography. Hardcore pornography usually takes the form of photographs, films, and cartoons. Since the mid-1990s, hardcore pornography has become widely available on the internet, making it more accessible than ever before.
Pornography has existed since the origins of the United States, and has become more readily accessible in the 21st century. Advanced by technological development, it has gone from a hard-to-find "back alley" item, beginning in 1969 with Blue Movie by Andy Warhol, the Golden Age of Porn (1969–1984) and home video, to being more available in the country and later, starting in the 1990s, readily accessible to nearly anyone with a computer or other device connected to the Internet. The U.S. has no current plans to block explicit content from children and adolescents, as many other countries have planned or proceeded to do.
Alisha Klass is a former American pornographic actress.
The National Child Victim Identification Program (NCVIP) is the world's largest database of child pornography, maintained by the Child Exploitation and Obscenity Section (CEOS) of the United States Department of Justice and the National Center for Missing and Exploited Children (NCMEC) for the purpose of identifying victims of child abuse.
The Free Speech Coalition (FSC) is a non-profit trade association of the pornography and adult entertainment industry in the United States. Founded in 1991, it opposes the passage and enforcement of obscenity laws and many censorship laws.
Pornography has been defined as sexual subject material "such as a picture, video, or text," that is considered sexually arousing. Indicated for the consumption by adults, pornography depictions have evolved from cave paintings, some forty millennia ago, to virtual reality presentations in modern-day. Pornography use is considered a widespread recreational activity among people in-line with other digitally mediated activities such as use of social media or video games. A distinction is often made regarding adult content as whether to classify it as pornography or erotica.
The National Center on Sexual Exploitation (NCOSE), previously known as Morality in Media and Operation Yorkville, is an American conservative anti-pornography organization. The group has also campaigned against sex trafficking, same-sex marriage, sex shops and sex toys, decriminalization of sex work, comprehensive sex education, and various works of literature or visual arts the organization has deemed obscene, profane or indecent. Its current president is Patrick A. Trueman. The organization describes its goal as "exposing the links between all forms of sexual exploitation".
The term "Golden Age of Porn", or "porno chic", refers to a 15-year period (1969–1984) in commercial American pornography, in which sexually explicit films experienced positive attention from mainstream cinemas, movie critics, and the general public. This American period, which had subsequently spread internationally, and that began before the legalization of pornography in Denmark on July 1, 1969, started on June 12, 1969, with the theatrical release of the film Blue Movie directed by Andy Warhol, and, somewhat later, with the release of the 1970 film Mona produced by Bill Osco. These films were the first adult erotic films depicting explicit sex to receive wide theatrical release in the United States. Both influenced the making of films such as 1972's Deep Throat starring Linda Lovelace and directed by Gerard Damiano, Behind the Green Door starring Marilyn Chambers and directed by the Mitchell brothers, 1973's The Devil in Miss Jones also by Damiano, and 1976's The Opening of Misty Beethoven by Radley Metzger. According to Warhol, Blue Movie was a major influence in the making of Last Tango in Paris, an internationally controversial erotic drama film, starring Marlon Brando, and released a few years after Blue Movie was shown in theaters.
Child erotica is non-pornographic material relating to children that is used by any individuals for sexual purposes. It is a broader term than child pornography, incorporating material that may cause sexual arousal such as nonsexual images, books or magazines on children or pedophilia, toys, diaries, or clothes. Law enforcement investigators have found that child erotica is often collected by pedophiles and child sexual abuse offenders. Child erotica may be collected as a form of compulsive behavior and as a substitute for illegal child pornography and is often a form of evidence for criminal behavior.
Father Morton A. Hill, S.J. (1917-1985) was a leader of the campaign against pornography in the 1960s, 1970s and 1980s. He was one of the founders of Morality in Media, which was created in 1962 to fight pornography. President Lyndon B. Johnson appointed him to the President's Commission on Obscenity and Pornography.
Leonidas Ralph Mecham was the former Director of the Administrative Office of the United States Courts, having served in that position from 1985 to 2006. He was appointed to the position by United States Chief Justice Warren Burger in July 1985.
Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real children to create pornographic material. Virtual child pornography depicts purely-fictional characters. "Fictional pornography depicting minors", as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography.
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profanity.
In the United States, distribution of "obscene, lewd, lascivious, or filthy" materials is a federal crime. The determination of what is "obscene, lewd, lascivious, or filthy" is up to a jury in a trial, which must apply the Miller test; however, due to the prominence of pornography in most communities most pornographic materials are not considered "patently offensive" in the Miller test.
An anti-pornography movement in the United States has existed since before the 1969 Supreme Court decision of Stanley v. Georgia, which held that people could view whatever they wished in the privacy of their own homes, by establishing an implied "right to privacy" in U.S. law. This led President Lyndon B. Johnson, with the backing of Congress, to appoint a commission to study pornography. The anti-pornography movement seeks to maintain or restore restrictions and to increase or create restrictions on the production, sale or distribution of pornography.
Feminists Fighting Pornography was a political activist organization against pornography. It advocated for United States Federal legislation to allow lawsuits against the porn industry by women whose attackers were inspired by pornography. FFP was based in New York, N.Y., was founded in 1983 or 1984, and dissolved in 1997.
Paul Michael Warner is an American federal magistrate judge for the United States District Court for the District of Utah. He was appointed to this position on February 19, 2006.
Tampa Tushy Fest, Part 1 is a 1999 American pornographic film directed by Seymore Butts and starring Alisha Klass, Samantha Stylle, Montana Gunn, and Chloe Nicholle. It became a center of a legal case about obscenity in California. The film features fisting, a sexual act where a hand is inserted into a vagina or anus, which Los Angeles City attorney Deborah Sanchez considered an obscenity.
References
- Julie Cart. "As Utah Takes Aim at Smut, the Internet Is Job 1", LA Times, March 25, 2001
- Marco R. della Cava. "Utah Lawyer Turns 'porn czar'", USA Today, March 5, 2001
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