There is a significant overlap between the notions of obscenity and vulgarity as they are frequently used indiscernibly in colloquial parlance. However, there are some nuances in the understanding of both of these concepts.

Obscenity

Obscenity is defined as anything that portrays or describes sexual or excretory functions with a wicked intention in a manner that will be shameful, immoral, and obscene and thus serve a sexual interest. Legally, obscenity is not considered within the purview of free speech and may be censored or banned. Obscene works according to the courts are works that are likely to be removed from society as they do not meet the required standards of the society and are not likely to have any artistic, literary, political, or scientific value.

An example of obscenity is pornography that depicts human sexual organs and extreme sexual activities, or any written matter or other things which describe or depicts in a patently offensive or sexually perverse manner, sexual conduct such as rape or other non-consensual sexual activity where physical force is used or the victim is physically incapable of resisting; or excretion or ejaculation or the deliberate display of genitalia solely for the purpose of violating the decency of a person. Law and legal systems do not define obscenity as precisely today as they did in the past; nevertheless, anything that is considered as catering only to sexual vices or that is devoid of any other positive content is presumably legally obscene.

While obscenity is the use of words, actions, images, or even appearance that depict sexually explicit material or matter, vulgarity is crude, lewd, improper, or indecent language, gesture, picture or even conduct. Vulgar content means sexual, excretory, or profane issues, but said in less harsh a manner.

Vulgarity 

For instance, one being rude by using a swear word or giving someone the middle finger would be volatile but not lewd. Perhaps, vulgar could be meant as crude or sexually charged jokes or anything that could remind of the sexual act. Although regarded as lewd or improper to some people, vulgar language or pictures do not have to be obscene in the strict sense of the word appeal exclusively to vulgar or low desire or unethical motives, or offend the community decency standards as obscenity does.

The main difference is that vulgar material does not go to the level of portraying very nude and perverted material that does not qualify as art and is completely worthless as a social contribution. Some forms of vulgarity may still potentially be banned or regulated, especially when children are likely to be listeners, Vulgarity however is normally considered as an exercise of the speakers’ right to free speech, no matter how much people may detest it.

As a practical matter, it can be difficult to decide whether a given work engages in vulgarity to the point where it becomes obscene, and this decision can be completely subjective and a matter of debate. Not everyone shall be in a position to draw these lines. But, even as the lawmakers and courts state true obscenity for its explicit and extreme sex content without any redeemable value is not protected under the First Amendment.

Although vulgarities may be likely to cause discomfort to some individuals, they fall under a broader classification of speech and as such are offered higher legal protection. The kind of harm or offense caused has to be weighed against liberties of free speech. When gazing at a picture, listening to a joke, or listening to a rant, it is helpful to ask if the content is obscene because it has no merit other than presenting imagery or in some way appeals to the base instincts.

Obscenity, on the other hand, is rather strictly defined as the depiction of material that is deemed by society to be beyond the pale of acceptable content in any medium or form because it is considered to be lewd or gross to the extreme. Appreciating this context assists in identifying why obscenity is about censorship, whereas vulgarity is mostly over constitutionally safeguarded speech in Free states.