Congressional Republicans have proposed new legislation that would overhaul the legal definition of obscenity and give the federal government more power to prosecute online pornography.
The law, led by Sen. Mike Lee of Utah and Rep. Mary Miller of Illinois, would open the door to federal restrictions or bans regarding online porn.
The Interstate Obscenity Definition Act would amend the Communications Act of 1934 and update the Supreme Court’s 1973 Miller test, which has guided how courts determine what qualifies as obscene content. The goal is to make it easier to ban or restrict online porn, especially content accessible to minors.
“Obscenity isn’t protected by the First Amendment, but hazy and unenforceable legal definitions have allowed extreme pornography to saturate American society and reach countless children,” Lee said in a statement. “Our bill updates the legal definition of obscenity for the internet age so this content can be taken down and its peddlers prosecuted.”
The bill proposes a national definition of obscenity that would replace the current requirement for state-specific standards. It defines obscene content as any that depicts or describes “actual or simulated sexual acts with the objective intent to arouse, titillate or gratify the sexual desires of a person.” This language is a shift from the Miller test’s more subjective criteria, which considers whether material appeals to “prurient interests,” portrays sexual conduct in a “patently offensive” way, and lacks “serious literary, artistic, political or scientific value.”
Miller called online pornography “alarmingly destructive and far outside the bounds of protected free speech under the Constitution,” and said the bill would “safeguard American families and ensure this dangerous material is kept out of our homes and off our screens.”
Lee and Miller have been vocal critics of the online porn industry and have introduced previous legislation aimed at protecting children from explicit content. In February, the pair introduced the SCREEN Act, which would require adult sites to implement age verification tools. While 20 states have already passed similar laws, the SCREEN Act would establish the requirement at the federal level.
Previous versions of the Interstate Obscenity Definition Act failed to advance in Congress. The new proposal is expected to face continued legal and political challenges, including First Amendment concerns and lack of bipartisan support.
