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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.Though some specific sex acts were regulated or prohibited by earlier laws, merely looking at objects or images depicting them was not outlawed in any country until 1857.In some cases, the possession of certain books, engravings or image collections was outlawed, but the trend to compose laws that actually restricted viewing sexually explicit things in general was a Victorian construct.The ancient Greeks and Romans produced much art and decoration of an erotic nature, much of it integrated with their religious beliefs and cultural practices.

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.Carved phalli can be seen in places of worship such as the temple of Dionysus on Delos, while a common household item and protective charm was the herm, a statue consisting of a head on a square plinth with a prominent phallus on the front.The Greek male ideal had a small penis, an aesthetic the Romans later adopted.The Romans considered depictions of sex to be decoration in good taste, and indeed the pictures reflect the sexual mores and practices of their culture, as on the Warren Cup.Sex acts that were considered taboo (such as those that defiled the purity of the mouth) were depicted in baths for comic effect.

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