All the parties in the case agreed that the material proposed for banning was not legally obscene.
Nonetheless, Toushin argued that his BDSM films were not legally obscene.
The question was whether it was legally obscene by contemporary community standards.
Because, for the defense, the sole issue that remains is whether The Seven Minutes, by J J Jadway, is legally obscene.
Now it has been changed to encompass material determined by juries to be legally obscene and judged to have been a "substantial cause" of the offense.
For this reason, child pornography need not be legally obscene before being outlawed.
In the early 1990s, Mike Diana became the first American artist to receive a conviction for obscenity for drawing cartoons that were judged legally obscene.
It is the first album in history to be deemed legally obscene.
Three issues were published between 1968 and 1970 before the Hull Student's Union banned the publication, considering it legally obscene and fearing prosecution.
In order to be found legally obscene, movies, books and videos must contain a strong sexual component; they need not contain any form of violence or subjugation.