Two Republican lawmakers are advancing a bill that could dramatically expand the federal government’s ability to criminalize certain content online.
Senator Mike Lee of Utah and Representative Mary Miller of Illinois have introduced the Interstate Obscenity Definition Act (IODA), legislation that aims to overhaul the legal definition of obscenity and give prosecutors wide authority to target more online content.
We obtained a copy of the bill for you here.
Supporters of the bill claim it is designed to protect families and children from harmful material, but civil liberties advocates warn that its sweeping language threatens to criminalize large swaths of constitutionally protected expression.
IODA discards key elements of the Supreme Court’s long-standing Miller test, which has served as the nation’s benchmark for identifying obscene content since 1973. Under that framework, courts assess whether material appeals to prurient interest, depicts sexual conduct in a “patently offensive” way by community standards, and lacks “serious literary, artistic, political, or scientific value.”
Lee and Miller’s bill replaces that careful balancing test with a rigid federal definition. According to the proposed language, content is considered obscene if “taken as a whole, [it] appeals to the prurient interest in nudity, sex, or excretion,” if it “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 if it “taken as a whole, lacks serious literary, artistic, political, or scientific value.”
Promoting the bill, Lee declared, “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.” He added, “Our bill updates the legal definition of obscenity for the internet age so this content can be taken down and its peddlers prosecuted.”
Hellbound and Down 