Sen. Mike Lee (R-UT) Introduces the Interstate Obscenity Definition Act

Senator Mike Lee (R-UT) introduced the Interstate Obscenity Definition Act to establish a national definition of obscenity that would apply to obscene content transmitted via interstate or foreign communications. Obscenity is not protected under the First Amendment and is prohibited from interstate or foreign transmission. The Supreme Court, however, has struggled to define obscenity, and its current definition under the "Miller Test" runs into serious challenges when applied to the internet. Sen. Lee's bill would define "obscenity" within the Communications Act of 1934. It would also strengthen the existing prohibition on obscenity by removing the "intent" requirement that only prohibits the transmission of obscenity to abuse, threatens, or harassing a person. Further, the bill defines "obscenity" as the following: 

• 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.