History of Obscenity Laws in Colonial America

The Naughty Beginnings: Obscenity Laws in Colonial America

Picture this: men in powdered wigs, women in bonnets, and—surprise, surprise—a fixation on regulating just about everything, including what you could read, write, or even think about sex. Our early American ancestors didn't just wrestle with establishing a new society; they were laser-focused on moral conduct. And that, dear reader, is where obscenity laws in Colonial America first took their not-so-sexy plunge into American history. In those days, obscenity meant anything that offended the wholesome sensibilities of society. In Colonial America, those sensibilities were tightly tied to religious and moral codes.

In Colonial America, morality was enforced by law and often dictated by religious leaders. The Massachusetts Bay Colony, founded by the strict Puritans, took a hardline stance on anything even remotely indecent. These folks fined people for skipping church so that you can imagine their feelings about public displays of affection or bawdy literature.

The Massachusetts Bay Colony laws of the 17th century serve as solid examples of these early obscenity regulations. In 1642, they enacted an ordinance to ban "wicked, lewd, and unclean words." This wasn’t just about keeping sailors from swearing like, well, sailors; it covered anything that could corrupt innocent minds, from books to behaviors.

Across the colonies, other regions hopped on the moral bandwagon, reflecting the era’s prevailing religious ethos which set the path for obscenity laws in Colonial America. Their mission was clear: protect public decency by quashing anything too risqué. These laws weren’t just for show—they were enforced zealously, sometimes leading to bizarre cases.

Take Thomas Morton, for example. Morton was the bad boy of the Massachusetts Bay Colony. In 1627, he and his merry gang erected a maypole and engaged in festivities that the Puritans found downright scandalous. Morton's actions were such an insult that the colony's governor had him arrested and exiled. Party pooper, right?

Then there’s Anne Hutchinson, a midwife and mother of 15 who dared to hold unorthodox religious meetings in her home. While not obscene by today’s standards, her bold discussions on faith and sexuality threatened the community's rigid norms. She was tried and banished, showing how even intellectual and religious conversations got tangled in the web of obscenity.

Today, the concept of obscenity is tangled in lengthy legal debates and ever-changing social standards. But back then, it was more straightforward—and harsher. The colonial approach was about community control, driven by a desire to mold society following strict values. Modern U.S. obscenity laws have evolved to include complex definitions set by key Supreme Court rulings, like the Miller test, which evaluates whether material is legally obscene.

Colonial America's obscenity laws reveal a society determined to control its moral fabric. From the Massachusetts Bay Colony’s stern ordinances to the church-and-state moral policing, the beginnings of American obscenity laws were as restrictive as the period’s corsets. So, dear reader, next time you indulge in a racy novel or steamy movie, take a moment to appreciate the journey from colonial times to today’s (mostly) liberated shores of sexual expression.

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