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By Theo Burman
Live News Reporter
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A new bill introduced by Utah Senator Mike Lee, a Republican, would create a federal ban on pornography by redefining what qualifies as "obscene" under law.
The legislation, called the Interstate Obscenity Definition Act (IODA), seeks to modernize the standard for prosecuting explicit content online, replacing a decades-old test established by the Supreme Court.
Newsweek has contacted the proponents of the bill for more information on the legislation via email.
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Why It Matters
If passed, IODA could dramatically change how sexual content is treated under federal law, especially in online spaces. The bill proposes stripping the "intent" requirement from the current Communications Act of 1934, meaning individuals could face prosecution for sharing or hosting content deemed to be sexually explicit and lacking "serious literary, artistic, political, or scientific value."
What To Know
The bill, introduced on Thursday, is co-sponsored by Illinois Representative Mary Miller, another Republican, and represents the third attempt by Lee to pass such legislation since 2022.
The legislation would revise the obscenity standard that authorities have used since the Supreme Court's 1973 Miller vs. California decision, which critics say is outdated and difficult to enforce, especially in the digital age.
The Miller Test, named after the 1973 decision, currently includes three criteria: whether the average person would find the work appeals to prurient interest, whether it depicts sexual conduct in an offensive way, and whether it lacks value.
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In place of that test, the new bill's definition of obscenity would now include any content that "appeals to the prurient interest in nudity, sex, or excretion," and "depicts, describes or represents actual or simulated sexual acts with the objective intent to arouse."
If passed, the bill would pave the way for the prosecution of obscene content disseminated across state lines or from foreign countries and open the door to federal restrictions or bans regarding online pornography.
It would broaden what kinds of explicit content may be considered a federal crime, potentially criminalizing large amounts of adult content, including consensual expressions of sexuality.
What People Are Saying
In a statement on X, formerly Twitter, Utah Senator Mike Lee said: "Obscenity is not protected by the First Amendment. But hazy, unenforceable definitions have allowed pornography companies to infect our society, peddle smut to children, and do business across state lines unimpeded.
"Today I introduced the Interstate Obscenity Definition Act with Representative Mary Miller, establishing a comprehensive definition of obscene materials under federal law.
"This is a first and necessary step to stopping the people and companies that profit from degrading their fellow human beings and ruining countless lives."
What Happens Next
Congress will consider the legislation this month, though it is not clear if it will receive bipartisan support.
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