How is phone sex legal and obscene communication not ? Isn't that contradictory ?

The law says that telecommunications device cannot be used transmit obscene communication. Then how is phone sex legal ?

Troy, MI -

Attorney Answers (1)

Gregory Philip Bowes

Gregory Philip Bowes

Criminal Defense Attorney - Indianapolis, IN
Answered

The difference is that some communications that involve a description of a sex act are not obscene under the law. The First Amendment protects most expression, even that which is erotic or even off-color. When the expression rises to the level of obscenity, it becomes illegal.
The definition of “obscene” has never been very clear. Former Supreme Court Justice Potter Stewart famously wrote, “I know it when I see it.” For a discussion of what might or might not be legally obscene, check out the wiki article at http://en.wikipedia.org/wiki/Obscenity.

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