Obscenity Charges

According to the protection offered under the First Amendment of the US Constitution, many Americans have proposed ideas or made comments that have been considered by many to be extremely offensive. This can range from religiously-themed art works to books or rallies in support of a particularly contentious ideology. Although a person may not appreciate what another American has to say, they often have the right to say it. However, there are some instances in which something determined to be obscene may expose an individual to the threat of prosecution.

If you have been arrested and are facing obscenity-related charges, contact Austin criminal defense lawyer, Ian Inglis, today at 512-472-1950.

Defining Obscenity

Under the current standards, obscenity is kept vague and non-specific on purpose. Federal laws are not made concerning obscenity, as these attempts are often refused as attacks on the First Amendment. Instead, the Supreme Court has created a system known as the Miller test, which uses three major qualifications to determine whether or not an act or work is obscene. An act or work is considered obscene if it violates the following:

• state laws regarding obscenity or free speech restrictions
• community-held sensibilities regarding what is worthwhile and what is excessive
• advancement in some meaningful field of thought

According to those who agree and use the Miller test, which is the current legal standard, this kind of measurement provides protection for rights in individual cases while giving a general framework for prosecuting gratuitous and outstanding instances of obscenity.

Contact Us

Although determining what constitutes obscenity is challenging, obscenity charges are utilized freely in some jurisdictions. Let us help you to protect your legal rights. Contact Austin criminal lawyer, Ian Inglis, by calling 512-472-1950 today.