Visiting Pornhub could soon be illegal in the U.S.: Senators introduce new bill that may ban pornography nationwide
Pornhub could soon be illegal in the U.S.: New Bill Could Ban Pornography Across the US: What You Need to Know About the Interstate Obscenity Definition Act-
A new bill introduced in Congress could change the way pornography is treated under U.S. law — especially online. Called the
Interstate Obscenity Definition Act
(IODA), this legislation was introduced by Utah Republican Senator Mike Lee and is co-sponsored by Representative Mary Miller of Illinois. If passed, it could bring sweeping changes to how online sexual content is defined, regulated, and even criminalized at the federal level.
What does the new anti-pornography bill propose?
At its core, the IODA bill aims to redefine what is legally considered 'obscene' in the United States. The legislation seeks to replace the existing definition based on the 1973 Supreme Court decision in Miller v. California — commonly known as the Miller Test.
Under current law, for content to be labeled as obscene, it must meet three criteria:
Appeal to prurient (sexual) interests,
Offend contemporary community standards,
Lack serious literary, artistic, political, or scientific value.
The new bill eliminates some of that complexity. Instead, it proposes that any content appealing to prurient interests in nudity, sex, or excretion, and that depicts or describes sexual acts with the intent to arouse, could be considered obscene.
Notably, the bill removes the 'intent' clause from the Communications Act of 1934, meaning that content creators and platforms could be prosecuted even without intent to distribute obscene material.
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Why does Senator Mike Lee believe this bill is necessary?
In a post on X (formerly Twitter), Senator Mike Lee stated,
'Obscenity is not protected by the First Amendment. But hazy, unenforceable definitions have allowed pornography companies to infect our society, peddle smut to children, and do business across state lines unimpeded.'
He added that the IODA is a first step toward creating a stronger legal definition of obscenity and that it will help stop those profiting from what he calls the degradation of others.
This is Lee's third attempt at passing similar legislation. He introduced related bills in both 2022 and 2023, but those efforts did not pass.
Could this bill lead to a national porn ban?
If passed, the bill could dramatically broaden what qualifies as criminal sexual content under federal law. That means a wide range of adult content currently legal and protected under free speech could become prosecutable if it's shared across state lines or from international sources.
This would mark a major shift in how pornography and sexual expression online are handled in the U.S., particularly as most adult websites are hosted or accessed across multiple states or even countries.
Critics argue that the bill could open the door to censorship of consensual adult content, especially materials that may lack 'serious artistic or scientific value' but are still widely accepted in today's culture.
What makes this law different from past obscenity laws?
The key difference lies in the stricter and more simplified definition of obscenity. The original Miller Test is seen by many legal experts as outdated, especially in today's digital landscape where content can be shared instantly across state and national borders.
By eliminating the need to prove community standards or intent, the IODA could make it much easier for federal authorities to pursue online obscenity cases — something that's been notoriously difficult under the current legal framework.
The proposed bill also targets online distribution more directly, something not addressed in the 1973 ruling, which was written decades before the internet existed.
What happens next in Congress?
The IODA bill is now under congressional consideration, but its path forward is uncertain. While it may attract support among conservative lawmakers, it is likely to face resistance from those who view it as a threat to free speech and digital privacy.
There is no word yet on bipartisan support, which will be crucial for the bill to advance. Newsweek has reached out to the bill's proponents for more details, but as of now, there's no official response.
For now, the bill is gaining attention not only for its potential legal impact but also for the broader culture war debate over the role of pornography in society, especially online.
FAQs:
Q1: What is the Interstate Obscenity Definition Act trying to change?
It aims to redefine obscenity laws and expand the federal ban on online pornography.
Q2: Could the new porn law criminalize consensual adult content online?
Yes, the bill could classify even legal adult content as obscene under new standards.
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