My worry would also be that this will soon expand to cover sites with any sort of "adult" or restricted content, regardless of whether it is sexual. Will we need to show our IDs to read an article about Ukraine or Gaza if it includes graphic descriptions or pictures?
Brown v. Merchants Entertainment Association and US v. Stevens pretty clearly limit obscenity as to minors to sex stuff. In Brown the Court was 7-2 that California could not require age verification for violent video games that werent also obscene, and Stevens said obscene is limited to sex and not violence.
Typically nudity requires something else in additon to nudity to be obscene. It can be obscene as to minors if its public nudity with a commercial purpose.
Public nudity (as in a place where the general public is invited such as a private restaurant) generally is a separate crime from obscenity with a lesser punishment.
Nudity + simulated sex acts/stroking self/sexually gratifying flashing is usually classified as obscenity.
Public nudity + money changing hands is a mid tier analysis. In Virginia, our supreme court has ruled if the purpose of your nudity is financial gain you cannot raise free speech claims. I had to draft a zoning interpretation this year for the City Zoning Administrator denying a business license clearance for a nude cleaning service. A few years ago though I drafted a legal memo that a planned wet t-shirt contest in a bar did not violate our obscenity ordinance due to the participants not being paid and minors not being allowed inside.
The current formula for obscenity under SCOTUS excludes bona fide artistic/literary/scientific material. The Virginia flag, the book Ulysses, the film Taxi Driver, science text books, none of these are classified as obscene given the purpose. The purpose of porn is fap material. A 20 minute video with 1 minute of the pizza delivery guy knocking and flirting with a woman and 19 minutes of sex is plainly not bona fide art within the meaning of obscenity.
So in other words nudity is obscene if:
- it also includes some other act to sexualize the nudity;
- it is being done in a public place around kids; or
- it is being done in a public place in exchange for money