Montana Bill Would Allow Counties, Cities to Enact Obscenity Ordinances

HELENA, Mont. — A bill proposed by the Montana Citizens for Decency Through Law would allow counties and cities to enact their own obscenity ordinances.

Dallas Erickson, head of the group that originally wrote and submitted the idea, told XBIZ that the bill could be decided upon as early as next week and would allow communities to pass laws more restrictive than those of the state of Montana.

Rep. Ron Stoker, R-Darby, is sponsoring the bill. He was unavailable for comment at press time.

Erickson’s main concern is access to and dissemination of “harmful materials” to minors. The bill would require stores selling adult materials — both hardcore and softcore — to hide covers and move them to “out of sight and out of reach” areas.

The addition of softcore materials, including Hustler and Penthouse, is new, expanding the definition of obscenity in the state.

Erickson said the current law only applies to businesses and that “molesters can still show [obscene material to kids].” The change would make it a crime for anyone to show obscene material to minors.

Erickson also said any resident of the county or city can draft an ordinance, but “they’d better know what they’re doing to make it constitutional.”

He stressed that no proposed ordinance that is considered unconstitutional will be accepted. For example, charging facilities for prominently featuring R-rated films or the swimsuit editions of sports magazines cannot be considered harmful to minors.

Libraries and theaters will not be required to hide or remove mainstream content featuring nudity, such as National Geographic, and Erickson said worrying that they’d be charged for providing such content to minors is “silly.”

“No [library or theater] has ever been charged with obscenity,” Erickson said. Materials with “serious literary, scientific, artistic or political value for minors” are exempt from the definition.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

FSC Announces Board of Directors Election Results

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

FSC: Federal Report Confirms Unfair Banking Discrimination Against Adult Industry

The Free Speech Coalition (FSC) today announced that a federal report on debanking has concluded that several U.S. banks engaged in discriminatory banking practices against members of the adult industry.

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Show More