A Republican senator is making another attempt to pass legislation that would result in a nationwide ban on online pornography in the US.
Senator Mike Lee from Utah is once more pushing for a bill that aims to prohibit all online pornography.
Alongside Illinois Republican Representative Mary Miller, Lee has introduced a bill known as the Interstate Obscenity Definition Act.
Through this bill, they seek to establish a clearer definition of what qualifies as ‘obscene content’, which would lead to a revision of the Supreme Court’s 1973 ‘Miller test’ and create a uniform national standard for the term.
The proposed legislation intends to address content deemed ‘obscene’ at the federal level, making it easier to prosecute those distributing it.
A press release from Lee’s website in May elaborated on the objectives of the bill.
The bill states that the current obscenity definition is ‘difficult to assess and prosecute’ and criticizes the ‘current legal definition of obscenity,’ derived from a 1973 Supreme Court case, for having ‘standards’ that are ‘subjective and vague’ and ‘challenging to apply consistently to any specific material’.
The bill asserts, “Using a pre-internet standard for modern times presents serious challenges – particularly when states use differing definitions for ‘obscenity’ – and allows criminals to evade prosecution.”
As of the latest update, the bill has been read twice and forwarded to the Committee on Commerce, Science, and Transportation for consideration, as of May this year.
Should it gain approval, it will be submitted to the U.S. Senate for a vote.
Opponents of the bill argue it represents a ‘nanny state’ approach by the US government.
Additionally, it could significantly affect individuals within the sex industry and might even extend to conversations, images, or videos exchanged between consenting adults.
According to Lee’s website, the proposed ‘new definition’ for obscenity would ‘eliminate reliance on ever-changing and elusive public opinion, replacing ambiguity with practical standards to make obscenity identifiable’.
The act proposes defining obscenity within the Communications Act of 1934 as content that ‘taken as a whole, appeals to the prurient interest in nudity, sex, or excretion’.
This definition would also cover anything that ‘depicts, describes or represents actual or simulated sexual acts with the objective intent to arouse, titillate, or gratify the sexual desires of a person’ and finally ‘taken as a whole, lacks serious literary, artistic, political, or scientific value’.