Obscenity

Polls indicate that Americans are divided over the effects of pornography on society, but also demonstrate that the public generally shies away from outright censorship. Miller v. California, with its variable obscenity argument, opened the door to local standards and therefore litigation, and such local standards are still in the process of being formed. One difficulty with such standards is the evolving nature of society itself. In an information-based society such as ours, new thresholds are reached on a seemingly daily basis regarding what is considered pornographic. The conflict between free speech and censorship in a democratic society is one that will not go away, but rather one that is integrally linked to the political processes and health of the nation.