Lee Files Bill to Replace US 'Miller Test' Obscenity Definition
Sen. Mike Lee, R-Utah, said Wednesday he filed the Interstate Obscenity Definition Act in a bid to create a "national definition of obscenity that would apply to obscene content transmitted via interstate or foreign communications." The measure aims to replace…
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the Supreme Court's Miller v. California obscenity definition test, which Lee's office claims poses challenges because of widespread internet use. Lee's bill would define obscenity in the context of the Communications Act as content that "taken as a whole, appeals to the prurient interest in nudity, sex, or excretion," depicts, describes or represents "actual or simulated sexual acts with the objective intent to arouse, titillate, or gratify the sexual desires of a person" and "taken as a whole, lacks serious literary, artistic, political, or scientific value." The legislation would also remove the Communications Act's “intent” requirement that prohibits the transmission of obscenity only for the purposes abusing, threatening or harassing a person.