Senator Mike Lee has introduced the Interstate Obscenity Definition Act (S.5260), aiming to redefine obscenity, which may lead to the removal of interstate online pornography. This proposal reflects Republican initiatives influenced by the Heritage Foundation's Project 2025. Lee argues that current definitions enable extreme pornography to disproportionately impact children. The bill proposes a new, more encompassing definition of obscenity while eliminating the Miller Test from 1973, which established a complicated standard for evaluating obscenity. Lee asserts the need for clarity to effectively restrict harmful content.
"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 said in a statement.
The bill defines obscenity for all states as, 'taken as a whole, appeals to the prurient interest in nudity, sex, or excretion; depicts, describes, or represents actual or simulated sexual acts with the objective intent to arouse, titillate, or gratify the sexual desires of a person.'
The bill also seeks to remove ambiguity from current law by removing what is known as the Miller Test, which defines obscenity using a three-pronged standard.
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