What criteria helps determine obscene material according to the law?

• A. A standard set by law enforcement officers
• B. A community standard determined by someone other than a LEO
• C. International guidelines on obscene materials
• D. A subjective opinion from the searching officer

Answer: (B)

The determination of what constitutes obscene material is based primarily on community standards, not on subjective opinions or guidelines from international or law enforcement sources. The law recognizes that obscenity can vary significantly from one community to another, so it relies on the values and norms of the local populace to define what is considered obscene.

This approach is rooted in the First Amendment's protection of free speech, which allows communities to establish their own standards regarding indecency without imposing external judgments. Thus, the determination occurs through the lens of how an average person in the community would view the material in question, allowing for a more culturally relevant standard of what is considered obscene. Using community standards ensures that the evaluation aligns with local moral and ethical beliefs, reflecting the diverse attitudes that might exist across different regions.