Proposed Bill to Define Obscenity Sparks Free Speech Concerns
May 15, 2025
Senator Mike Lee (R-Utah) has reintroduced the Interstate Obscenity Definition Act (IODA), a legislative proposal aimed at establishing a clear federal definition of obscenity for the first time. This bill seeks to amend the Communications Act of 1934 and includes provisions that would facilitate the prosecution of individuals who distribute obscene material.
Lee argues that current ambiguity in defining obscenity has enabled extreme pornography to proliferate, endangering children. “Obscenity isn’t protected by the First Amendment,” Lee stated, emphasizing that the updated legal standard would empower law enforcement to tackle indecent content more effectively.
The bill proposes a new definition of obscenity that hinges on whether material depicts or describes “actual or simulated sexual acts with the objective intent to arouse, titillate or gratify.” This new criterion replaces reliance on the Miller test, a three-pronged framework that evaluates obscenity based on community standards and artistic merit.
Critics have raised concerns that IODA may broaden the scope of what is considered obscene while dismissing local norms that traditionally shape these definitions. Experts from the think tank The Future of Free Speech warned that eliminating the concept of community standards could impose a uniform national definition that does not account for diverse regional values.
IODA marks Lee’s third attempt to push this legislation, which has previously failed to gain traction in Congress. If enacted, the bill would not ban pornography outright but would streamline the process of prosecuting its distribution, alongside Lee’s other legislative efforts aimed at regulating explicit digital content.
As this bill gains attention, it raises fundamental questions about the balance between maintaining free speech and protecting community standards in the digital age.
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