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Opposition to the Interstate Obscenity Definition Act

To: Sen. Cornyn, Sen. Cruz, Rep. Casar

From: A constituent in San Antonio, TX

August 13

I am writing as your constituent to express strong concerns regarding Senator Mike Lee’s Interstate Obscenity Definition Act (IODA), which was recently advanced to committee in the Senate. This bill seeks to redefine “obscenity” under the 1934 Communications Act in a sweeping and overly broad manner. It would categorize as obscene any visual depiction that: Appeals to prurient interest in nudity, sex, or excretion; Depicts or represents actual or simulated sexual acts intended to arouse or titillate; Taken as a whole, lacks serious literary, artistic, political, or scientific value. The bill also removes the current requirement that there be harmful or harassing intent, meaning people could face prosecution simply for transmitting certain content, regardless of its context. While supporters claim this is necessary to protect children from extreme pornography, the language is so broad it could encompass mainstream entertainment, educational material, and works of art. Removing the intent requirement risks criminalizing lawful expression, artistic works, and even depictions used for scientific or educational purposes. This legislation has failed in previous years for good reason—it poses serious First Amendment concerns, creates chilling effects for creators and platforms, and risks being weaponized against marginalized communities, particularly LGBTQ+ people whose work is too often mischaracterized as obscene. I urge you to: Oppose or call for a significant reassessment of IODA. Ensure any future legislation is narrowly tailored to address truly harmful material without infringing on constitutional rights. Support policies that combine digital literacy and effective parental controls, rather than blanket criminalization. Thank you for your time and for protecting both public safety and our constitutional freedoms.

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