The obscenity bill proposed by Sen. Mike Lee could decimate the porn industry. According to the IODA, obscenity is not protected speech under the First Amendment and is not allowed under U.S. law.
The Supreme Court test for obscenity is called the Miller Test.
Sen. Mike Lee and his press secretary did not reply immediately.
The Miller Test was introduced in 1973. The publisher and author of that book were prosecuted for publishing obscene material. Miller's mother and a restaurant manager were exposed to explicit images and photos of men and women engaging in sexual activity.
The guidelines for jurors to follow when presented with obscenity cases include whether the average person applying contemporary community standards would find the work, taken as a whole, appealing to the prurient interest.
Although producing and distributing sexual content is currently legal in the U.S., Lee's bill seeks to reestablish the obscenity rules that were established in the Communications Act of 1934 The rules include removing content that appeals to the prurient interest in nudity, sex, or excretion, depicts, describes, or represents actual or simulated sexual acts with the goal to arouse, titillate, or gratify the sexual desires of a person.
It will be detrimental to the porn industry if the bill is passed. The bill is a renewed attempt by conservatives to censor free speech and sexual expression.
Mike Stabile is the director of public affairs with the Free Speech Coalition. Our members know that it is a threat to their business. They say it is a threat to their community.
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