A new bill introduced by Republican Senator Mike Lee of Utah, known as the Interstate Obscenity Definition Act (IODA), seeks to federally ban po*rnography by redefining what constitutes "obsc*ene" under U.S. law. This legislation aims to update the legal standard used to prosecute explicit online content, proposing a replacement for the decades-old Miller Test established by the Supreme Court in 1973. The Miller Test currently assesses obscenity based on community standards, offensiveness, and the lack of serious value. In contrast, the new bill suggests a stricter, more contemporary definition that includes any content appealing to prurient interest and depicting actual or simulated sexual acts intended for arousal.

If enacted, IODA would remove the requirement to prove the distributor’s intent under the Communications Act of 1934, considerably broadening the scope for federal prosecution. This alteration could criminalise a wide array of consensual adult content and empower authorities to target material shared across state lines or sourced internationally. Supporters argue that current definitions are overly vague and ineffective in the digital era, asserting that the new legislation is essential for safeguarding society, particularly children, from the pervasive availability of explicit material.

Senator Lee and co-sponsor Representative Mary Miller of Illinois have previously introduced similar bills, though none have successfully passed. In a statement on social media, Lee asserted that obscenity is not protected by the First Amendment and accused pornography companies of exploiting legal loopholes to disseminate harmful content. He characterised IODA as a crucial first step towards holding such entities accountable and mitigating the societal damage inflicted by adult content.

From: Newsweek

News link:

https://www.newsweek.com/pornography-ban-us-bill-2071409

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