U.S (mississippi?) illegal to write offensive erotic fiction
<p>Is it true that it's illegal (in mississippi I think) in some states to write 'offensive' erotic fiction? Regardless of whether or not it's published or meant for public consumption.</p>

<p>I read something in a fact book that I interpreted as: </p>

<p>If someone finds erotic fiction in your house that they find offensive, then they can sue you.</p>

<p>If it's true then what exactly is the punishment/how much could someone sue you for?</p>

<p>The term of art used in <a href="https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-29-101.html" rel="nofollow noreferrer">MS Code Section 97-29-101</a> which is probably what is being referred to in the OP, is "obscene" (not offensive or erotic, which are frequently not legally "obscene"). </p>

<p>This term is defined in such a restrictive manner by First Amendment case law that it is almost impossible to prevail on a charge like this in the fact of any remotely competent attorney defending the case, unless it involves child pornography. The <a href="https://en.wikipedia.org/wiki/Obscenity" rel="nofollow noreferrer">currently controlling definition</a> under the federal First Amendment is from the U.S. Supreme Court case <em>Miller v. California</em> (1973), which held that:</p>

<blockquote>
  <p>materials were obscene if they appealed, "to a prurient interest",
  showed "patently offensive sexual conduct" that was specifically
  defined by a state obscenity law, and "lacked serious artistic,
  literary, political, or scientific value." Decisions regarding whether
  material was obscene should be based on local, not national,
  standards.</p>
</blockquote>

<p>In practice, the "lacked serious artistic, literary, political, or scientific value" portion of the definition is usually what defeats these prosecutions as a matter of law.</p>

<p>Some of the most relevant case law is summarized <a href="https://en.wikipedia.org/wiki/Obscenity" rel="nofollow noreferrer">here.</a></p>

<blockquote>
  <p>Is it true that it's illegal (in mississippi I think) in some states
  to write 'offensive' erotic fiction? Regardless of whether or not it's
  published or meant for public consumption.</p>
</blockquote>

<p>This is definitely not true. The offense in Mississippi is distributing obscene fiction, not writing it. Any ban on writing it without distributing it would definitely be unconstitutional.</p>

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