Falling within the fundamental right to privacy is the right to read obscene material within your home. Obscene material is material that meets the following three-part test: (i) It must cause an individual to have lustful thoughts, as decided by the average person applying the standards of the community; (ii) it must portray sexual conduct in an offensive way; and (iii) it must be lacking in serious artistic, literary, scientific, or political value. See Miller v. California, 413 U.S. 15, 24 (1972).

In order for the government to restrict this right, it must have a compelling government interest. For example, the government can make it a crime to read obscene material involving minor children. The government has a compelling interest in protecting the health, safety, and welfare of children, and preventing adults from reading such material is necessary for the government to protect minors. In addition, although you have the right to read such obscene material in your own home, you do not have a fundamental right to sell or purchase this material in any way.

Finally, let’s wrap this article up with a few key points.