The Obscenity and the Law collection was established in 1971 at the initiative of Donald Sears, professor emeritus in the English Department. Sears, a specialist in English literature, had testified as an expert witness for the prosecution in numerous obscenity trials in California.

The collection's initial materials were acquired with assistance from Sears' late wife, Oretta Sears, who served as a deputy district attorney on the landmark Marvin Miller obscenity trial in 1969. This case led to a Supreme Court decision that refined the legal definition of pornography and established that obscenity rulings should align with local community standards.

The collection primarily consists of published pornographic works confiscated during law enforcement raids in Orange County, California during the late 1960s and early 1970s. It includes over 800 items such as paperback novels, comic books, and magazines, ranging from controversial mainstream works to explicitly sexual material. Each item in the collection has been used as evidence in at least one Orange County obscenity law case.

Since its establishment, the collection has received four additional deposits from the Orange County district attorney's office, with the latest materials added in 1976. Initially restricted to faculty, students with written permission, law enforcement agents, and outside researchers, the collection was opened to public access for researchers aged 18 and over in 2024.

The Obscenity and the Law collection is recognized as one of the most comprehensive publicly accessible compilations of its kind in the United States, offering valuable insights into the evolution of obscenity laws and societal attitudes towards pornographic material.