Legislation Seeks to Outlaw Pornography: Obscenity Is Not Protected Speech, and It Is Deeply Wounding Our Society

(Harbinger’s Daily)—Republican lawmakers are promoting legislation aimed at bringing down the pornography industry by updating obscenity laws for the 21st century. Senator Mike Lee (R-Utah) and Rep. Mary Miller (R-Ill.) introduced the Interstate Obscenity Definition Act (IODA) last week, clarifying the definition of “obscenity” as used in the 1934 Communications Act.

The bill would define as obscene any “picture, image, graphic image file, film, videotape, or other visual depiction that … taken as a whole, appeals to the prurient interest in nudity, sex, or excretion” or “depicts, describes, or represents, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals, with the objective intent to arouse, titillate, or gratify the sexual desires of a person,” and also “lacks serious literary, artistic, political, or scientific value.” The bill would also remove the requirement that communications — such as websites, social media posts, emails, etc. — have the “intent to abuse, threaten, or harass another person” in order to be considered obscene.

In comments to The Washington Stand, Lee explained, “It may surprise progressives, but obscenity is not protected speech under the First Amendment. Other things the government limits to adults — like alcohol, cigarettes, guns — have extensive definitions to prevent their purchase or consumption by children.” He continued, “Internet pornography has skated past outdated and unenforceable definitions of obscenity, reaching millions of kids and deeply wounding our society. My bill updates the definition of obscenity for the federal oversight of interstate commerce, a first and necessary step to tackling this problem.”

Mary Szoch, director of the Center for Human Dignity at Family Research Council, told The Washington Stand, “The prevalence of pornography in the modern era has created a public health crisis. Children as young as 12 are targeted by the pornography industry, which addicts its victims at younger and younger ages, destroying minds and hearts in the process.” She continued, “I am so grateful for the courage of Senator Mike Lee and for his efforts to rid America of this filth. Pornography is destroying American families. It’s time we put a stop to it.”

A 2023 study found that nearly three-quarters (73%) of teenagers admitted to having been exposed to pornography by the age of 12. Most teens accidentally discovered pornography by clicking on online advertisement links. Shockingly, well over 80% of teens surveyed reported that they consumed pornographic content depicting violence, choking, bondage and sadism, or rape. Another survey found that over 70% of teenagers regularly consume pornography and 15% had been exposed to pornography by the age of 10. Again, a majority of teenagers admitted to consuming violent pornographic content.

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