GOP lawmakers target online pornography, propose interstate ban on obscene content

Sen. Mike Lee, R-Utah, introduced a bill aimed at criminalizing pornography and defining what is obscene and what is not.

Lee and Rep. Mary Miller, R-Ill., introduced the Interstate Obscenity Definition Act (IODA) for all states, which, if passed, would make it illegal to transmit obscene content across state lines while also making it easier to prosecute.

“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 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.”

The IODA attempts to clarify the definition of obscenity in all states and gives updated descriptions that are suited to modern content.

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Sen. Mike Lee, R-Utah, introduced a bill to define “obscenity.” (Rebecca Noble/Getty Images)

Specifically, the new definition removes the current law’s dependence on ever-changing and elusive public opinion and replaces it with practical standards that make obscenity identifiable, according to Lee’s team.

Lee and Miller could not be reached by Fox News Digital for comment on their proposed bill.

The current legal definition of obscenity originated from a 1973 Supreme Court case, and the standards are subjective and vague, making it difficult to apply to any material.

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Because the pre-internet standards are so vague, they often present challenges in court when it comes to defining what is obscene and ultimately allow “criminals to evade prosecution,” the press release said.

Lee’s IODA defines “obscenity” within the Communications Act of 1934 and “appeals to the prurient interest in nudity, sex, or excretion.”

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A PornHub logo on a smartphone screen. (Nikolas Kokovlis/NurPhoto via Getty Images)

The bill also “depicts, describes or represents actual or simulated sex acts” intended to “arouse, titillate or gratify” a person’s sexual desires. Adding to that, the bill identifies obscene material as that which “lacks serious literary, artistic, political, or scientific value.”

The IODA also removes the “intent” requirement, which only prohibits the transmission of obscene material for the purpose of abusing, threatening or harassing an individual.

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“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. 

“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.”