What are the laws concerning obscenity and indecency?
In California, obscenity and indecency laws are meant to protect vulnerable individuals from exposure to offensive or harmful material. Specifically, obscenity laws prohibit material that is considered “obscene,” or offensive to contemporary community standards, from being made available to the public. This can include material that is sexually explicit or offends public morals, like explicit language or images. Indecency laws also prohibit material that is inappropriate, but to a lesser degree than obscenity. Indecent material can include profanity, non-explicit depictions of sexual acts, and other material that may not qualify as “obscene,” but is still considered offensive. It is important to note that there are certain contexts in which material that otherwise would be considered obscene or indecent can be legally distributed. For example, material may be permissible if it is disseminated for educational, scientific, or artistic purposes. Ultimately, the laws pertaining to obscenity and indecency are meant to protect vulnerable individuals from being exposed to offensive or harmful material. In California, creators of media should be sure to consider the laws before distributing material of this nature.
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