GOP lawmakers target online pornography, propose interstate ban on obscene content
Sen. Mike Lee, R-Utah, has recently introduced a bill that aims to criminalize pornography and provide a clear definition of what is considered obscene and what is not. The Interstate Obscenity Definition Act (IODA) was co-sponsored by Rep. Mary Miller, R-Ill., and is designed to make it illegal to transmit obscene content across state lines, simplifying the prosecution process for offenders.
In a news release, Lee highlighted the need for updated legal definitions of obscenity in the digital age, emphasizing that obscene content is not protected by the First Amendment. The current legal framework surrounding obscenity is outdated and fails to effectively regulate the proliferation of extreme pornography in American society, particularly impacting children.
The IODA seeks to clarify and modernize the definition of obscenity across all states, providing updated descriptions that are more relevant to contemporary content. Specifically, the bill aims to eliminate the reliance on subjective and ever-changing public opinion in determining what is considered obscene, offering practical standards for identifying such material.
The existing legal definition of obscenity, established in a 1973 Supreme Court case, is criticized for its vagueness and subjectivity, making it challenging to apply to modern content. This ambiguity often hinders legal proceedings and allows offenders to evade prosecution, creating a need for clearer guidelines.
Lee’s proposed bill defines obscenity within the Communications Act of 1934 as content that appeals to the prurient interest in nudity, sex, or excretion, and depicts or describes actual or simulated sex acts intended to arouse sexual desires. Additionally, the bill specifies that obscene material must lack serious literary, artistic, political, or scientific value.
Moreover, the IODA removes the requirement of intent, which previously restricted the transmission of obscene material for abusive or threatening purposes. This adjustment enables law enforcement to target and remove obscene material from the internet more effectively, safeguarding American families from harmful content.
Rep. Mary Miller expressed her support for the bill, emphasizing the importance of protecting American households from destructive and inappropriate material. The Interstate Obscenity Definition Act is intended to equip law enforcement with the necessary tools to combat obscene content online and ensure that such material is kept out of homes and off screens.
In conclusion, the introduction of the IODA represents a significant step towards modernizing obscenity laws and enhancing protections against harmful content online. By providing clear definitions and updated standards, the bill aims to address the challenges posed by the proliferation of extreme pornography in the digital age.
