Obscenity is a Four Letter Word - or Is It? An Investigation into Community Standards of Obscenity

Abstract

The legal definition of obscenity was established in Miller v. California (1973) and relies primarily on the ability of a jury to determine contemporary community standards. The definition relies primarily the assumptions that a community standard exists and that jurors are capable of determining this standard. The current study utilizes qualitative and quantitative methodology to examine these assumptions to determine if a standard exists and the capability of jurors in determining said standard. Results indicate that the there is quite a bit of variability surrounding obscenity definitions and examples, indicating a clear lack of consensus. This information combined with significant demographic differences supports the notion that a community standard may not exist. Further, results indicate that individuals demonstrate the cognitive bias pluralistic ignorance, as individual ratings of obscenity are significantly different than their perceptions of community standards, which may mean jurors are incapable of accurately determining community standards. Legal actors can utilize this information in terms of jury selection and framing of issues to the jury.