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I found this surfing around, I thought it was relavant:
It's all about the local community standards...
"All states have laws governing the distribution of obscene materials. Generally, these statutes prohibit the sale, lending, renting, giving, publication, exhibition or other dissemination of materials, with general knowledge of their obscene character and content. Drafted before an electronic age, many states define "materials" as covering any writing, written matter, picture, pictorial representation, film or motion picture, or sound recording. "Obscenity" is typically defined as material which, to the average person, applying contemporary community standards, and taken as a whole: 1) predominantly appeals to prurient interests, 2) lacks serious literary, artistic, political, or scientific value, and 3) depicts or describes nudity, sex, or excretion in a patently offensive way. Of course, what constitutes the relevant "community" in on-line environments without geographic boundaries is an open issue. In a very few states, obscenity laws cover the dissemination of tangible material only, a matter of some importance given the debate in other areas of the law whether computer software or other information in digital format is tangible or intangible.* Similarly, many states prohibit the distribution of electronic or electrical reproductions of obscene material. Presumably such statutes cover obscene material in digital format; note, however, that ambiguities in criminal statutes are to be construed strictly against the state and in favor of the accused. A very few states prohibit the distribution of obscene materials to minors only; distribution to adults is not prohibited. "
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