Context:

GOP lawmakers, led by Sen. Mike Lee and Rep. Mary Miller, have introduced the Interstate Obscenity Definition Act, which aims to criminalize the transmission of obscene content across state lines by updating the legal definition of 'obscenity' for the internet age. The bill seeks to provide clear and practical standards for identifying obscenity, moving away from the vague and subjective definitions set by the 1973 Supreme Court case, which have posed challenges in court due to their reliance on public opinion. This legislation defines obscenity as content that appeals to prurient interests and lacks serious literary, artistic, political, or scientific value, while removing the requirement of intent to abuse for prosecution. The act is intended to equip law enforcement with the necessary tools to target and remove harmful material from the internet, aiming to protect families and children from exposure to such content. Sen. Lee emphasizes that obscenity is not protected by the First Amendment, and the bill hopes to facilitate the prosecution of those who distribute such material online.

Dive Deeper:

• Sen. Mike Lee and Rep. Mary Miller have introduced the Interstate Obscenity Definition Act which proposes to make it illegal to transmit obscene content across state lines, aiming to modernize the definition of obscenity for the digital age.

• The proposed legislation addresses the challenges posed by the outdated and vague legal standards set by a 1973 Supreme Court case, which have been difficult to enforce in the context of the internet.

• The bill defines obscenity as content that appeals to prurient interests in nudity, sex, or excretion and that lacks serious literary, artistic, political, or scientific value, removing the previous requirement of intent for prosecution.

• This act is designed to provide law enforcement with clearer guidelines to identify and prosecute obscene material, which is deemed outside the bounds of protected free speech under the Constitution.

• The initiative highlights the need for updated legal definitions that are not reliant on fluctuating public opinion, aiming to prevent extreme pornography from reaching children and saturating society.

• Sen. Lee underscores that obscenity is not protected by the First Amendment, and the bill aims to prosecute individuals who distribute such content online, thereby safeguarding families.

• Rep. Miller expresses pride in leading this legislative effort, emphasizing the importance of keeping destructive material out of homes and off screens to protect American families.