New GOP Bill Aims to Combat Online Porn Industry

Congressional Republicans are set to introduce the Interstate Obscenity Definition Act, a bill aimed at severely restricting internet pornography and potentially dealing a major blow to the online porn industry.

Key Provisions of the Interstate Obscenity Definition Act

Spearheaded by Republican Utah Sen. Mike Lee and Republican Illinois Rep. Mary Miller, the Interstate Obscenity Definition Act seeks to establish a national standard for obscenity under the Communications Act of 1934. The bill also proposes amendments to the Supreme Court’s 1973 “Miller Test,” which is used to determine what qualifies as obscene. According to information exclusively obtained by the Daily Caller News Foundation, the legislation intends to facilitate the prosecution of obscene content disseminated across state lines or from foreign countries, potentially leading to federal restrictions or bans on online pornography.

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Legislators' Stance

Senator Lee emphasized the necessity of updating obscenity definitions for the digital age. “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 told the DCNF. “Our bill updates the legal definition of obscenity for the internet age so this content can be taken down and its peddlers prosecuted.”

Both Lee and Miller have been vocal advocates for addressing internet pornography at the federal level and safeguarding children from online porn exposure.

Amending the Miller Test

The bill aims to simplify obscenity prosecutions by modifying the three-pronged Miller Test established in the 1973 Supreme Court case, Miller v. California. The Miller Test defines content as obscene if it:

• Appeals to “prurient interests”
• Describes sexual conduct “in a patently obscene way”
• Lacks “serious literary, artistic, political or scientific value”

The proposed bill seeks to revise the second prong, which currently requires that the sexual conduct be portrayed “in a patently offensive way…specifically defined by the applicable state law.” Instead, the bill would define content as obscene if it depicts or describes “actual or simulated sexual acts with the objective intent to arouse, titillate, or gratify the sexual desires of a person.”

Rationale Behind the Legislation

Lee argues that the Supreme Court’s “Miller Test” is outdated in an era where pornography is easily accessible online, especially for children. According to background information on the bill, “Applying a pre-internet standard to the internet era causes serious challenges.”

Previous Efforts and Complementary Legislation

In February, Lee called for a ban on pornography on the social media platform X. He and Miller also introduced the SCREEN Act, which would require pornographic websites to implement age verification technologies to prevent children from accessing online porn.

The Utah Republican also introduced online safety legislation on May 1, mandating app stores and developers to verify users’ ages during account registration and requiring parental approval for app downloads by minors.

“For too long, Big Tech has profited from app stores through which children in America and across the world access violent and sexual material while risking contact from online predators,” Lee said in a press release.

Past Attempts

Lee previously introduced the Interstate Obscenity Definition Act in December 2022 and June 2024. However, the bill failed to gain co-sponsors and was not successful in the then-Democratic-controlled Senate.

Miller's Perspective

Miller, the House sponsor of the bill, stated that online pornography is “alarmingly destructive and far outside the bounds of protected free speech under the Constitution.” She added, “I’m proud to lead this effort in the House with Senator Lee to safeguard American families and ensure this dangerous material is kept out of our homes and off our screens.”

Impact and Analysis

The Interstate Obscenity Definition Act represents a significant effort by Republican lawmakers to regulate online pornography at the federal level. By updating the definition of obscenity and amending the Miller Test, the bill seeks to provide a clearer legal framework for prosecuting and restricting access to pornographic content.

Potential Effects on the Online Porn Industry

If enacted, the bill could have far-reaching consequences for the online porn industry. A more stringent definition of obscenity could lead to increased legal challenges for websites and content providers, potentially resulting in content bans and restrictions. The bill's focus on intent to arouse or gratify sexual desires could also broaden the scope of what is considered obscene, impacting a wide range of content.

Implications for Free Speech

Critics of the bill argue that it could infringe on First Amendment rights. The definition of obscenity has long been a contentious issue, and any attempt to broaden or clarify that definition is likely to face legal challenges. Opponents may argue that the bill's focus on sexual content could lead to censorship and restrict access to legitimate forms of expression.

Child Protection Measures

Proponents of the bill argue that it is necessary to protect children from the harmful effects of online pornography. Studies have shown that early exposure to porn can have negative impacts on children's development and attitudes toward sex and relationships. By making it easier to prosecute and restrict access to obscene content, the bill aims to create a safer online environment for children.

Challenges and Future Prospects

The Interstate Obscenity Definition Act faces several challenges, including potential legal challenges and political opposition. Similar legislative efforts in the past have struggled to gain traction, and it remains to be seen whether this bill will be successful in the current political climate. However, with growing concerns about the impact of online pornography on children and society, the bill may find support from a wider range of lawmakers and advocacy groups.

Conclusion

The Interstate Obscenity Definition Act is a bold attempt to address the challenges posed by online pornography. By updating obscenity definitions and amending the Miller Test, the bill seeks to provide a clearer legal framework for prosecuting and restricting access to pornographic content. While the bill faces potential legal and political challenges, it represents a significant step in the ongoing debate about the regulation of online content and the protection of children.