You asked whether Connecticut has a decency law like the Federal Communications Commission's (FCC) that could apply to outdoor advertising and whether the Department of Transportation's regulation of signs limits what can be placed on signs.

SUMMARY

Connecticut does not have a decency statute similar to the FCC's regulation of television and radio, except as relates to public access television programming. An organization or company providing public access operations cannot exercise editorial control over programming except as to programming that is obscene or as allowed by state or federal law (CGS § 16-331a(g)).

Two state criminal laws on obscenity could apply to billboards: obscenity and obscenity as to minors. Both these crimes apply to “material” that includes anything tangible that can be used or adapted to arouse prurient, shameful, or morbid interest through reading, observation, sound, or any other manner. And they apply to someone who “promotes” the material, which includes exhibiting or advertising.

Attached is a recent OLR Report discussing state laws governing placing signs along highways and on private property (2006-R-0369). Also attached are two reports regarding regulating billboards advertising sex-related businesses (2006-R-0468 and 2004-R-0836).

CRIMINAL LAWS ON OBSCENITY

Two criminal laws on obscenity could apply to billboards.

1. A person commits the crime of obscenity when he promotes or possesses with intent to promote any obscene material or performance and he knows its contents and character. This is a class B misdemeanor.

2. A person commits obscenity as to minors if he knowingly promotes to a minor, for monetary consideration, any material that is obscene to minors. To act “knowingly,” the person must have general knowledge, reason to know, a belief, or grounds for a belief warranting further inquiry (1) about the material's character and content that is reasonably susceptible of examination and (2) that the minor is under age 17. This is a class D felony.

For both of these crimes, “material” includes anything tangible that can be used or adapted to arouse prurient, shameful, or morbid interest through reading, observation, sound, or any other manner. “Promote” includes exhibiting or advertising.

Material is considered “obscene” if it (1) taken as a whole, predominantly appeals to the prurient interest; (2) depicts or describes in a patently offensive way certain sexual acts; and (3) taken as a whole, lacks serious literary, artistic, educational, political, or scientific value. Predominant appeal is judged with reference to ordinary adults unless it appears from the material's character or the circumstances of its dissemination that it is designed for some other specially susceptible audience. It is judged by ordinary adults applying contemporary community standards, with the state deemed to be the community.

Material is “obscene as to minors” if it depicts certain sexual acts and, taken as a whole, it is harmful to minors. “Harmful to minors” is a description or representation of a sexual act that (1) predominantly appeals to the prurient, shameful, or morbid interest of minors; (2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (3) taken as a whole, lacks serious literary, artistic, educational, political, or scientific value for minors (CGS § 53a-193 et seq. ).

CR: ro