The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce. Pornography that is not obscene may not be banned, but may be regulated as to the time, place, and manner of its distribution, particularly in order to keep it from children. Thus, the courts have upheld the zoning and licensing of pornography dealers, as well as restrictions on dial-a-porn, nude dancing, and indecent radio and television broadcasting. Federal statutes, in addition to making it a crime to mail obscenity or to transport or receive it in interstate or foreign commerce, provide for criminal and civil forfeiture of real and personal property used in making obscenity pornography, and of the profits of obscenity—in some instances even when they were already used to pay a third party. The Internet has given rise to three federal statutes designed to protect minors from sexual material posted on it.
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This article focuses on images of nude female bodies that circulate today within the media, and on the internet in particular. Prime attention is given to the images that women publish as self portraits. From a genealogical perspective, we examine the politicization involved in a new set of practices, diverse but recent, and how they impact on current redefinitions of beauty standards and criteria defining what is considered to be obscene. Over the last few decades, the boundaries around what kinds of images can be legitimately shown in public have been redrawn, particularly where sexuality and women's naked bodies are concerned Sibilia, SIBILIA, Paula. Rio de Janeiro: Ed. Nova Fronteira, Increasingly distant from the typical 19 th and 20 th centuries forms of modesty and including fields that range from advertising and video clips to the visual and performing arts and the self-portraits that multiply through the social networks of the web, showing naked bodies seems to be the latest fashion.
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Official websites use. Share sensitive information only on official, secure websites. The U. Supreme Court established the test that judges and juries use to determine whether matter is obscene in three major cases: Miller v. California , U. United States , U. Illinois , U. The three-pronged Miller test is as follows:. 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.
