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Home videotape was a booming market and it was relatively simple for individuals to smuggle hardcore material in from Europe or the United States, where it had been purchased legally, either for personal use or to copy it for distribution.This resulted in a considerable black market of poor quality videotapes.If the BBFC refuses a certificate a video is effectively banned for home viewing, but not necessarily in the cinema.

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After 1984 videotape sellers were more likely to be prosecuted under the Video Recordings Act rather than the OPA.

The VRA requires that all videos must have a certificate from the BBFC.

In the United States of America, issues of obscenity raise issues of limitations on the freedom of speech and of the press, which are otherwise protected by the First Amendment to the Constitution of the United States. Former Justice Potter Stewart of the Supreme Court of the United States, in attempting to classify what material constituted exactly "what is obscene," famously wrote, "I shall not today attempt further to define the kinds of material I understand to be embraced ...

[b]ut I know it when I see it...." In the United States, the 1973 ruling of the Supreme Court of the United States in Miller v. 115 (1973)" whereby the court most famously determined that "Obscene material in book form is not entitled to any First Amendment protection merely because it has no pictorial content." In 2005, the U. Department of Justice formed the Obscenity Prosecution Task Force in a push to prosecute obscenity cases. states have had bans on the sale of sex toys, regulating them as obscene devices. 103 (1990), the high court ruled that possession of child pornography could be criminalized.

These include Arizona, Kentucky, Michigan, Minnesota, South Carolina, and Tennessee. Some state authorities issued injunctions against such films to protect "local community standards"; in New York, the print of Deep Throat was seized mid-run, and the film's exhibitors were found guilty of promoting obscenity.

Twenty more states were considering such legislation in 2001–2002. (MPAA) issues ratings for motion pictures exhibited and distributed commercially to the public in the United States; the ratings are issued through the Classification and Rating Administration (CARA).In 1993, Canadian police arrested the 19-year-old writer of a fictional sex story "The Forestwood Kids" In February 2009, citing its Policy On The Classification Of Obscene Material, the CBSA banned two Lucas Entertainment films because they show the "ingestion of someone else's urine... Ever since 1940, in the Title VI of the Penal Code, naming crimes against sexual dignity (until 2009 crimes against [social] conventions), the fourth chapter is dedicated to a crime named "public outrage [related] to modesty" (Portuguese: ). 233 "Obscene Act", "to practice an obscene act in a public place, or open or exposed to the public", punished with arrest of 3 months to 1 year or a fine; and Art.234 "Obscene Written Piece or Object", to do, import, export, purchase or have in one's property, to ends of trade, distribution or public display, any written, drew, painted, stamped or object piece of obscenity, punished with arrest of 6 months to 1 years or a fine.The trial of Penguin Books over Lady Chatterley's Lover in 1960 failed to secure a conviction and the conviction in the 1971 trial of Oz magazine was overturned on appeal.An attempt to prosecute the University of Central England in 1997 over a copy of a library book by Robert Mapplethorpe was abandoned amidst derision from academics and the media.California established a three-tiered test to determine what was obscene—and thus not protected, versus what was merely erotic and thus protected by the First Amendment. 413 (1966)" wherein the book "Fanny Hill", written by John Cleland c. Extreme pornographer Max Hardcore served 30 months of a 46-month prison sentence for obscenity. Some states have seen their sex toy bans ruled unconstitutional in the courts. 557 (1969), that possession of obscene material could not be criminalized, while in Osborne v. The reason was that the motive for criminalizing child pornography possession was "to destroy a market for the exploitative use of children" rather than to prevent the material from poisoning the minds of its viewers.

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