Empirical Evidence, Community Standards, and the Boundaries of Obscenity: A Test Case

Abstract

This article examines the issue of community standards and the role such standards play in demarcating the boundaries of obscenity. A brief discussion of the landmark Miller decision, its impact on obscenity statutes, and a consideration of the criticisms of the Miller decision, particularly those pertaining to the test of obscenity, are discussed. The potential of social science research and empirical evidence to aid in the determination of community standards regarding obscenity is considered. Results are presented from an empirical investigation of community standards on obscenity in a particular local community in the state of Louisiana.

This research was supported by funds received from the St. Martin Parish District Attorney's Office. Opinions in this document are those of the authors and do not necessarily represent the official position or policies of the St. Martin Parish District Attorney's Office. The authors thank Ashley Bordelon, Jenelle Gaspard, and Jennifer Loli for their research assistance.

Notes

Chi-Square statistic = 5.45; df = 1; p = .020 (two-tailed test).

Chi-Square statistic = 6.038; df = 1; p = .014 (two-tailed test).

Chi-Square statistic = 4.402; df = 1; p = .036 (two-tailed test).

Chi-Square statistic = 6.141; df = 1; p = .013 (two-tailed test).

Additional information

Notes on contributors

DeAnn M. Kalich

DEANN M. KALICH is Professor of Sociology at the University of Louisiana at Lafayette. She received her Ph.D. in Sociology from Louisiana State University in 1995. Her principal research interests are in the areas of gender, crime, and deviance. Her work has appeared in a number of journals including Criminology, Sociological Spectrum, Deviant Behavior, and Sex Roles.

Rhonda D. Evans

RHONDA D. EVANS is an Associate Professor of Criminal Justice at the University of Louisiana at Lafayette. She received her Ph.D. in Sociology from Texas A&M University, College Station in 2002. Her research interests are in the areas of crime, deviance and gender. Her work has appeared in a number of journals including Sociological Spectrum, Deviant Behavior, and Sex Roles.

Craig J. Forsyth

CRAIG J. FORSYTH is Professor and the Head of the Department of Criminal Justice and Professor of Sociology at the University of Louisiana at Lafayette. He received his Ph.D. from Louisiana State University in 1983. He is the author of over 180 journal articles, books, and book chapters. His principal research interests are in the areas of deviance and crime.