In a bold move to uphold traditional values and protect American society from the pervasive influence of explicit content, Republican lawmakers have proposed a bill that aims to redefine the legal concept of obscenity.
This legislation, if passed, would make the distribution and consumption of pornography illegal, irrespective of the material's intent. The proposed law, known as the Interstate Obscenity Definition Act, was introduced on May 8 by Sen. Mike Lee, a Republican from Utah.
As reported by Newsmax, the Act seeks to redefine "obscenity" within the Communications Act of 1934. The new definition would encompass content that, in its entirety, appeals to the prurient interest in nudity, sex, or excretion, or that depicts, describes, or represents actual or simulated sexual acts with the objective intent to arouse, titillate, or gratify the sexual desires of a person.
Furthermore, such content, when considered as a whole, must lack serious literary, artistic, political, or scientific value. The proposed legislation also aims to eliminate the "intent" requirement that currently only criminalizes the transmission of obscenity for the purpose of abusing, threatening, or harassing a person.
The bill is designed to amend the legal definition of obscenity established by the 1973 Supreme Court ruling in Miller v. California. According to this ruling, material deemed obscene and not protected by the First Amendment must pass a three-prong test: it must lack serious value, depict explicit sex, and offend community standards.
The Department of Justice has clarified that obscenity is not protected speech under the First Amendment, and federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or transferring obscene materials. While the law generally does not criminalize the private possession of obscene materials, the act of receiving such material could violate federal laws.
"Hazy and unenforceable legal definitions have allowed extreme pornography to saturate American society and reach countless children," Lee said in a news release. "Our bill updates the legal definition of obscenity for the internet age so this content can be taken down and its peddlers prosecuted."
Rep. Mary Miller, a Republican from Illinois, has introduced companion legislation in the House. "The Interstate Obscenity Definition Act equips law enforcement with the tools they need to target and remove obscene material from the internet, which is alarmingly destructive and far outside the bounds of protected free speech under the Constitution," Miller said in the news release. "I'm proud to lead this effort in the House with Sen. Lee to safeguard American families and ensure this dangerous material is kept out of our homes and off our screens."
Despite these efforts, the legislation has faced opposition. Sen. Lee attempted to introduce the legislation in 2022 and 2024, but it was stalled in the Democrat-controlled Senate. Corey D. Silverstein, an adult industry lawyer, expressed skepticism about the bill's chances of passing constitutional muster. "I can't believe that Sen. Lee is naive enough to think that this bill will become law or survive a constitutional challenge," Silverstein said.
"Further, he seems to be envisioning a national community standard instead of the 'local community standards' articulated in Miller. So, while Sen. Lee continues his fantasies about eliminating sexual content, I expect this bill to fail just as it did in 2022 and 2024."
In addition to the Interstate Obscenity Definition Act, Lee and Miller introduced the SCREEN Act in February. This legislation would require pornographic websites to use age verification technologies to prevent children from being exposed to online pornography.
Lee also unveiled online safety legislation on May 1 to require app stores and developers to verify users' ages when registering for an account and mandate parental approval for app downloads by minors.
These legislative efforts underscore the commitment of conservative lawmakers to uphold traditional values and protect American families from the harmful effects of explicit content.
While the road to enactment may be fraught with challenges, the proposed laws represent a significant step towards creating a safer digital environment for all Americans.
Login