West Virginia Republican Seeks to Redefine 'Obscene' and 'Prurient'

West Virginia Republican Seeks to Redefine 'Obscene' and 'Prurient'

CHARLESTON, W. Va. —A controversial West Virginia state senator introduced this month two bills attempting to redefine “obscene matter” and “prurient interest” in the state, in an effort to censor sexual content.

Republican Sen. Michael Azinger’s bills “would prohibit obscene and sexually explicit materials in or within 2,500 feet of the state’s schools and would bar children from being present for obscene performances or displays,” NBC News reported.

At issue is Azinger’s novel redefinition of “obscene,” which goes beyond citing material that appeals to the “prurient interest” or is “patently offensive” to include specifically any “transvestite and/or transgender exposure, performances or display to any minor.” 

NBC News notes that “no other group of people or specific type of performance is included,” adding that advocates are concerned that the broad language of the bill could end up legally designating the very existence of transgender people as “indecent displays of a sexually explicit nature.” 

Eli Baumwell, interim executive director of the American Civil Liberties Union of West Virginia, told NBC News that Azinger’s bills are “plainly unconstitutional” and “too extreme for even this Legislature.”

Free Speech Coalition (FSC) this week counted Azinger’s bills among a list of recent laws and legislative proposals that they termed “the most aggressive censorship we've seen in decades.”

Azinger, a far-right state politician who marched to the Capitol on Jan. 6, 2021, has long defended his proposals to criminalize LGBTQ+ people

“The left would have us believe we are ‘born that way,’ that sexuality is immutable,” Azinger wrote in a 2019 editorial. “This simply isn’t the case. The LGBQT movement is not about happiness and tolerance, but about indoctrination and a forced acceptance of a perverted and non-biblical view of sexuality.”

As XBIZ reported, Republicans throughout the country are seeking to outlaw all adult content by overturning the 1973 “Miller Test” differentiating First Amendment-protected sexual material from illegal “obscene” material produced to appeal to “a prurient interest.”

The United States does not currently have a national definition of obscenity. Jurisprudence has established the Miller Test, which has been a legal standard in federal courts for a half-century.

Main Image: West Virginia State Senator Mike Azinger (R-Wood)

Copyright © 2026 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

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the operators of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Show More