Republican members of Congress are preparing to propose new legislation aimed at significantly restricting online pornography, which could greatly impact the industry.
Daily Caller reports that Senators Mike Lee (R-UT) and Mary Miller (R-IL) have introduced the Indecent Definition Act for Interstates. This bill seeks to establish a national definition of indecency under the Communications Act of 1934.
This proposed legislation could pave the way for legal actions against state policies and obscene materials coming from abroad. It may lead to federal restrictions or even a ban on online pornography.
Senator Lee emphasized his commitment to addressing online pornography at the federal level, particularly to shield children from its influence.
The Interstate Definition Act aims to make the prosecution of indecency more straightforward by modifying the three-pronged approach of the Miller Test, which the Supreme Court established in 1973 in Miller vs. California. Under the current tests, content is deemed indecent if it appeals to “prurient interests,” shows sexual activity “in a patently indecent way,” or lacks “serious literary, artistic, political or scientific value.”
The new bills from Lee and Miller aim to revise the second prong to define indecency based on how content portrays sexual activity “specifically by applicable state law” in an overtly offensive manner. The proposed change would categorize content as indecent when it portrays or describes real or simulated sexual conduct intended to sexually arouse or satisfy the viewer.
Lee contends that the Supreme Court’s standards are outdated, given that online pornography is prevalent and easily accessible to minors. The bill’s background notes that applying pre-internet standards in today’s digital landscape presents significant challenges.
“Online pornography is incredibly harmful, exceeding what should be protected as free speech under the Constitution. I am dedicated to collaborating on this effort with Senator Lee to safeguard American families and restrict access to this hazardous material,” said Senator Miller.
The Interstate Speedup Definition Act, previously introduced by Senator Lee in December 2022 and June 2024, did not garner co-sponsors and failed to progress in the then-Democratic-controlled Senate. With the current Republican majority in the House and a more evenly split Senate, the bill’s chances may have improved, though its future remains uncertain.
Read the full bill below:
