(NewsNation) — A new bill introduced by Sen. Mike Lee (R-Utah) could make porn a crime in the United States.
The Interstate Obscenity Definition Act would add all pornography, including any depiction of sexual acts that “lacks serious literary, artistic, political, or scientific value,” to the definition of obscenity. This would make it illegal to distribute or consume porn, regardless of the material’s intent. Currently, only porn intended to “abuse, threaten, or harass” someone is illegal.
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Rep. Mary Miller (R-Ill.) who also had a hand in the new proposal, said it would “equip 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 speech under the Constitution.”
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The proposed act would define “obscenity” as content that:
Appeals to an excessive amount of interest in nudity or sex
Shows or describes real or fake sexual acts
Lacks scientific, political, artistic or literary value
The act would also remove “the ‘intent’ requirement that only prohibits the transmission of obscenity for the purposes [of] abusing, threatening or harassing a person,” according to a release from Lee’s office.
The Interstate Obscenity Definition Act would, in effect, widen the scope of obscenity defined by Supreme Court cases Jacobellis v. Ohio and Miller v. California, which helped shape the current American definition of the word.
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Potential issues with banning pornography
Thomas C. Arthur, with Emory University School of Law, wrote about the potential problems that could arise from banning “obscene material” in the Emory Law Journal. In his paper, he wrote:
“First, ‘obscene’ pornography is difficult, if not impossible, to define satisfactorily under basic First Amendment principles … The current definition does not come close to reaching the materials that allegedly corrupt the moral tone of society, the health of relationships and family life, and the status of women.”
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Arthur also believes that banning porn could lead to freedom of expression being restricted overall.
Lee says obscenity isn’t protected under the First Amendment and adds that some legal definitions has put “extreme pornography” within the reach of children: “Our bill updates the legal definition of obscenity for the internet age so this content can be taken down.”
Project 2025 pushed for ban on porn
The law was pushed by Project 2025, a conservative policy plan that had been written before President Donald Trump’s second term. Project 2025, which is over 900 pages, reportedly stated that “pornography should be outlawed.” It also said that “the people who produce and distribute it should be imprisoned,” and companies that “facilitate its spread should be shuttered.”
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Adult industry attorney Corey D. Silverstein spoke with Mashable about the proposed law. He said, “It may as well be an outright ban on pornography.”
Ricci Levy, president and CEO of the sexual freedom nonprofit Woodhull Freedom Foundation, told Mashable that if “you look at the broad picture of censorship that’s going on,” it appears legislators are trying to turn Project 2025’s policy proposals into law.
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