What are the laws concerning obscenity and indecency?
In New Hampshire, the laws concerning obscenity and indecency are covered by both federal and state law. At the federal level, the Supreme Court has held that certain types of speech and expression can be prohibited if they are deemed “obscene.” In order to be considered obscene, the material must appeal to prurient interests, depict or describe sexual conduct in a patently offensive way, and have no literary, artistic, political, or scientific value. State law in New Hampshire further elaborates on what constitutes obscene material and sets forth specific punishments for distributing it. At the state level, New Hampshire prohibits the dissemination of any material that is harmful to minors. This includes any material that appeals to the prurient interests of minors and is considered “patently offensive.” It is also illegal to distribute indecent material to minors, which is defined as material that is “patently offensive as measured by contemporary community standards” and is not suitable for minors. It is important to note that New Hampshire’s laws on obscenity and indecency are subject to change, so it is important to stay up-to-date on any changes or updates to the current laws. If you are ever unsure about the legality of a particular type of expression, you should consult with a qualified attorney who specializes in media law for proper guidance.
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