Mailing Obscene Material is the act of sending pornographic or otherwise explicit material through the postal system or other delivery service. Such material could include photographs, drawings, writings, or other forms of media that depict or describe sexual activity, nudity, or extreme violence. It is illegal to mail obscene material in the United States and other countries. The different types of Mailing Obscene Material include: 1. Obscene Photographs: Sending photographs or images that depict nudity or sexual activity. 2. Obscene Writings: Sending written material that describes or depicts sexual activity, nudity, or extreme violence. 3. Obscene Videos: Sending recordings that contain explicit content, such as videos or films. 4. Obscene Objects: Sending objects that are considered obscene, such as sex toys or items of clothing.
Mailing Obscene Material
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FAQ
For adults at least, most ography ? material of a sexual nature that arouses many readers and viewers ? receives constitutional protection. However, two types of ography receive no First Amendment protection: obscenity and child ography.
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.
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.
Is declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.
?(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.?
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.
C. Obscenity Provisions at 18 U.S.C. §§ 1460-1470. Federal law contains no outright ban on all obscenity; it leaves this to state law.
Federal law prohibits the possession with intent to sell or distribute obscenity, to send, ship, or receive obscenity, to import obscenity, and to transport obscenity across state borders for purposes of distribution.