It’s an age-old question in the United States. Sure, the First Amendment guarantees freedom of expression, but the Puritanical interests in this country don’t think that should extend to material they think is obscene. In 1973, a case made it all the way to the Supreme Court that defined obscenity.
What’s obscene? According to the Supreme Court decision, in part, it’s up to the current standards of a community.
Right now in Florida, a court case is testing how obscenity standards are defined. According to The New York Times, a pornographic Web site operator is on trial for plying his trade (which, if you ever read this site or know me at all, you know I think is ridiculous). His defense is trying to show that, according to local community standards, what he is doing is not only acceptable, it’s a desired service. To do that, they’re using information on Internet searches gleaned from Google Trends:
In the trial of a pornographic Web site operator, the defense plans to show that residents of Pensacola are more likely to use Google to search for terms like “orgy” than for “apple pie” or “watermelon.”
Pretty smart. If you take a look at the image, it shows the popularity of the terms “surfing” (in blue), “orgy” (in red), and “Apple Pie” (in orange). “Surfing” is searched for more often than “orgy” but decidedly less so than “Apple Pie.” As the Times reports,
“We tried to come up with comparison search terms that would embody
typical American values,” Mr. Walters [the guy's lawyer] said. “What is more American than
apple pie?” But according to the search service, he said, “people are
at least as interested in group sex and orgies as they are in apple
pie.”
It’s still unclear whether the tactic is going to work, but I think it should. First, I don’t think the term “orgy” or “sex” or “bondage” need to rank higher than any other “non-offensive” term; they just need to be on the same scale to show an interest in smut by community members. If it is, how can it not
be acceptable by community standards?
Thus far the evidence has only been submitted in a deposition and the judge may rule that is not relevant to the case for any number of reasons. In my totally non-lawyerly opinion though, it’s pretty brilliant and is relevant. Apparently jurors tend to convict people for obscenity charges even though they themselves go home and consume porn and take part in other “salacious” activities, according to the article.
The jury in this case may do the same thing, even if this evidence is allowed, but it seems like there would be a pretty good shot at an appeal that could go pretty far. After all, if there is finally a reliable way to gauge the interest of a local community in “obscene” material without infringing on individuals’ right to privacy, then we don’t have to wonder what’s going on behind closed doors or rely on the supposed tastes of a random selection of 12 people anymore.