Discrepancies between the Legal Code and Community Standards for Sex and Violence: An Empirical Challenge to Traditional Assumptions in Obscenity Law

Abstract

Community standards for sexually explicit and violent depictions were measured using a representative sample of Western Tennessee residents. The residents were randomly assigned to view sexually explicit films charged in an obscenity case, violent materials, or control materials. The results showed that residents believe the sexually explicit films charged in the case did not appeal to a self-reported shameful, morbid, or unhealthy (prurient) interest in sex, and are not patently offensive. Community members indicated they would be substantially less accepting of the sexually explicit materials if they contained rape and bondage, and they showed virtually no acceptance of materials including children actors under the age of 18. Despite acceptance of sexually explicit films, there was no evidence that a majority of members of the community accepted violent “slasher” films. However, participants believed that the majority of others in the community tolerated the violent films they had viewed. These findings are discussed in light of an obscenity standard that presumes to take into account conventional morality and community opinion and the discrepancy between the obscenity code and community standards.