A pair of congressional Republicans have introduced new legislation that would enlist the federal government in the latest target in the conservative war against free speech: banning online porn.
Sen. Mike Lee of Utah and Rep. Mary Miller of Illinois are behind the Interstate Obscenity Definition Act. The law would redefine obscenity as it is currently defined at the federal level by the Communications Act of 1934 and amend the 1973 Supreme Court decision defining pornography known as the “Miller Test.” It's a three-pronged test to decide if something is obscene: Does the material appeal to prurient interests, is it patently offensive, and does it lack serious value?
“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 told the conservative Daily Caller.
Ironically, the Republicans are presenting their legislation as a measure to protect children but gave an exclusive advance preview of the bill to the Daily Caller. The Daily Caller has been notorious over the years for making light of child sexual abuse—when it isn’t publishing white supremacists or conspiracy theories.
The GOP bill would redefine the federal definition of obscenity and task federal officials with shutting down the transmission of porn across state lines.
The federal courts have traditionally found that pornography is constitutionally protected free speech under the First Amendment, and that transmitting content over state lines does not trigger standards surrounding “obscenity.”
But the proposed law is in line with ongoing Republican attacks on free speech.
The Trump administration has been abducting and detaining college students for expressing views contrary to the administration’s take on Israel and Palestine. At the same time, Trump has been suing and throwing insults at news outlets that accurately report on his failures as a political leader and human being.
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Going after porn was also part of Project 2025, the conservative plan pulled together by Trump administration alumni and the right-wing Heritage Foundation. During the 2024 presidential campaign, representatives of the adult film industry financed a “Hands Off My Porn” campaign to educate the public of the planned attacks on porn.
In addition to fulfilling the Project 2025 objective, the legislation raises further questions about why porn is being targeted.
Trump was convicted last year of 34 felony counts related to his attempts to keep his sexual affair with adult film actress Stormy Daniels out of the news during the 2016 election. The stories related to Daniels have dogged Trump during his time as a political figure.
Attacking the industry that was the source of so many headaches for Trump would be in line with the pro-Trump track record of Lee and Miller. By going after the First Amendment again, congressional Republicans would hit two birds with one stone.
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