Theaters and Shows - Obscenity

Communities have a proper interest in placing limitations upon OBSCENITY in theaters. It is deemed appropriate to protect unsuspecting or unwilling adults from assaults of indecency and to protect children from graphic displays of PORNOGRAPHY. The U.S. Supreme Court has interpreted the Constitution to permit individuals to view obscene materials in the privacy of their own homes; however, since theaters are public places, the law may regulate indecent exhibitions, even where everyone present expected to view pornography and willingly entered. Some states, however, decline to prosecute the spectators under such circumstances. Exhibitors of lewd films in coin-operated booths in amusement arcades cannot claim any right of privacy even though patrons view the films alone in the booths.

CENSORSHIP of obscene shows is lawful; however, it is sometimes difficult to determine what is obscene. The U.S. Supreme Court has decided that works that describe or depict sexual conduct can be regulated if, when taken as a whole, they appeal to a prurient interest, portray sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. In addition, the Supreme Court has said that communities may apply their own local standards in judging shows, which has led to conflicting decisions in various courts.

A state can regulate theaters and shows in order to control pornography in a number of ways. For example, a state might require distributors or exhibitors who handle films commercially to be licensed, and may revoke the license of anyone who traffics in obscene films. Certain states and municipalities have set up a board of censors who are authorized to view films prior to their exhibition to the public. The concept of censorship by PRIOR RESTRAINT is in direct conflict with notions of free speech.