Senator Mike Lee Proposes Nationwide Criminalization of Pornography

Senator Mike Lee of Utah has introduced the Interstate Obscenity Definition Act (IODA), a bill aimed at criminalizing all pornography nationwide by significantly expanding the legal definition of obscenity. This legislative move follows the policy blueprint outlined by the Heritage Foundation's Project 2025, which seeks to impose strict federal restrictions on pornographic content.

Traditionally, obscenity is a narrowly defined legal category exempt from First Amendment protections. However, the IODA proposes to broaden this definition to include virtually any visual depiction that appeals to prurient interests in nudity, sex, or excretion. This means that most forms of pornography, and potentially other media containing sexual content, could be classified as criminal under federal law.

The bill targets creators and distributors of pornographic content, focusing on prosecuting those who produce and disseminate such material across state lines or from foreign sources. While the exact penalties for possession remain unclear, the legislation could lead to sweeping federal bans on online pornography and impose significant legal risks on technology platforms hosting such content.

Critics argue that the bill’s broad definition of obscenity could inadvertently criminalize mainstream media, such as television shows with sexual content. This raises concerns about free speech and the enforceability of such sweeping regulations in the digital age.

Senator Lee and the Heritage Foundation emphasize the bill’s intent to protect children and society from the perceived harms of pornography, framing it as a necessary update to legal standards for the internet era. Project 2025 explicitly calls for shutting down telecommunications and technology firms that facilitate the spread of such content.

The anti-pornography movement has a long history in the United States, but recent efforts have intensified under the MAGA right, focusing on restricting youth access to online pornography through legislation and age-verification requirements. Over a dozen states have enacted laws targeting online porn access, many of which face ongoing legal challenges.

The proposed federal legislation represents a significant escalation in the regulatory approach to pornography, with broad implications for content creators, distributors, technology companies, and consumers. It highlights the ongoing tension between free speech protections and efforts to regulate online content deemed harmful or immoral by certain political groups.