Do nudity or sexual content automatically make a comic obscene?
No. The Supreme Court ruled in Jenkins v. Georgia that “nudity alone is not enough to make material legally obscene under the Miller standards,” even when sex acts are indirectly simulated. But certain direct, nude portrayals of sexual activity (“hardcore” images) may be patently offensive and/or prurient according to the community standards of some jurisdictions. Such images may constitute “obscenity” if they have no serious literary, artistic, political or scientific value.
