Sen. Mike Lee Tries Again to Criminalize All Porn With Interstate Obscenity Definition Act

Sen. Mike Lee Tries Again to Criminalize All Porn With Interstate Obscenity Definition Act

WASHINGTON — Republican Senator Mike Lee of Utah has introduced the Interstate Obscenity Definition Act, which would redefine almost all visual depictions of sex as obscene and therefore illegal.

According to the text of the bill, any visual media that "appeals to the prurient interest in nudity, sex, or excretion" and "depicts, describes or represents actual or simulated sexual acts with the objective intent to arouse, titillate, or gratify the sexual desires of a person" would be considered criminal, with visual media defined as a "picture, image, graphic image file, film, videotape, or other visual depiction."

In a statement, Lee decried the lack of specificity in the current legal definition of obscenity, as spelled out in the so-called Miller Test, based upon the 1973 Supreme Court decision in the obscenity case Miller v. California. 

"Obscenity isn’t protected by the First Amendment, but hazy and unenforceable legal definitions have allowed extreme pornography to saturate American society and reach countless children," Lee said. "Our bill updates the legal definition of obscenity for the internet age so this content can be taken down and its peddlers prosecuted."

This isn't the first time Lee has introduced the bill. It has failed to pass the Senate twice before, in 2022 and 2024.

As pointed out by Gizmodo, Lee's definition would effectively criminalize all pornography, a goal laid out in the Heritage Foundation's Project 2025 policy blueprint.

Industry attorney Corey D. Silverstein does not foresee Lee's bill making it past the courts, however.

"I can't believe that Sen. Lee is naive enough to think that this bill will become law or survive a constitutional challenge," Silverstein told XBIZ. "Further, he seems to be envisioning a national community standard instead of the 'local community standards' articulated in Miller. So while Sen. Lee continues his fantasies about eliminating sexual content, I expect this bill to fail just as it did in 2022 and 2024."

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

German High Court Puts Pornhub, YouPorn 'Network Ban' on Hold

A German high court on Friday temporarily barred a state media regulator from ordering internet providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn in Germany, pending further action by Cypriot and European Union authorities.

Luxembourg Media Regulator Fines LiveJasmin for AV Noncompliance

The Luxembourg Independent Audiovisual Authority (ALIA) has levied a fine of 25,000 euros (approximately $28,000) against webcam platform LiveJasmin for failing to comply with provisions of the country’s Electronic Media Law.

AdultHTML Introduces Subscription Option for Website Owners

AdultHTML has added a subscription option for its web development service, allowing site owners to pay a monthly fee for access to developers and tools.

French Parliament Rejects Ban on Purchase of 'Remote' Sexual Services

The French National Assembly has backed off from a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of Mega.nz

Takedown Piracy has reported that it successfully infiltrated Mega.nz folders and identified and removed nearly two million instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

Show More