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It is unclear if Lee’s third attempt at legislating porn will turn out to be the charm or a strikeout.
The bill is Lee's third attempt at legislation curtailing online pornography.
Utah Republican U.S. Sen Mike Lee has introduced legislation that would reimagine the definition of pornography and, in the process, potentially eliminate all interstate online porn. It's another instance of Republicans supporting policies laid out in the Heritage Foundation's Project 2025.
The bill, officially entitled S.5260 – Interstate Obscenity Definition Act (IODA), was introduced on Thursday and was co-sponsored by Republican Mary Miller. It’s the third attempt by Lee to address the issue of pornography through legislation.
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“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. “Our bill updates the legal definition of obscenity for the internet age so this content can be taken down and its peddlers prosecuted.”
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; and taken as a whole, lacks serious literary, artistic, political, or scientific value.”
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The bill also seeks to remove ambiguity from current law by removing what is known as the Miller Test. Established in the 1973 Miller v. California Supreme Court decision, the Miller Test defines obscenity using a three-pronged standard. To be considered obscene under this test, material must: appeal to prurient interests as judged by the average person; depict sexual conduct in a patently offensive manner; and lack serious literary, artistic, political, or scientific value.
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By establishing a more specific definition of pornography, Lee hopes to push aside First Amendment concerns to more easily prosecute online pornography available across state lines. It is unclear if Lee’s third attempt at legislating porn will turn out to be the charm or a strikeout.
Lee has a history of supporting anti-trans measures as well, LGBTQ+ outlet Them notes. The outlet reports that the bill could also be used to declare transgender people "obscene." In the Project 2025 plan, pornography is to be outlawed. The plan also compares transitioning gender to porn.
