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Obscenity is the judicially recognized exception to the first amendment.Historically, this exception was used in an attempt to ban information about sex education, studies on nudism, and sexually explicit literature.In the 1970s in the United States, attempts were made to shut down the pornography industry by prosecuting individuals on prostitution charges. Freeman, the California Supreme Court ruled to distinguish prostitution as an individual taking part in sexual activities in exchange for money versus an individual who is portraying a sexual act on-screen as part of their acting performance.

When large-scale excavations of Pompeii were undertaken in the 1860s, much of the erotic art of the Romans came to light, shocking the Victorians who saw themselves as the intellectual heirs of the Roman Empire.

They did not know what to do with the frank depictions of sexuality, and endeavored to hide them away from everyone but upper-class scholars.

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In early times, erotic depictions were often a subset of the indigenous or religious art of cultures and as such were not set aside or treated differently than any other type.

The modern concept of pornography did not exist until the Victorian era.

Early cultures often associated the sexual act with supernatural forces and thus their religion is intertwined with such depictions.

In Asian countries such as India, Nepal, Sri Lanka, Japan and China, representations of sex and erotic art have specific spiritual meanings within native religions.

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