H.R.2029 - Stop Comstock Act (119th Congress)
Summary
H.R. 2029, the "Stop Comstock Act," aims to revise sections of Title 18 of the United States Code and the Tariff Act of 1930 related to obscene materials. The bill seeks to remove references to "indecent" materials and revise language concerning the transportation and importation of such materials. The bill specifically targets sections 552, 1461, and 1462 of Title 18, and section 305 of the Tariff Act.
Expected Effects
The likely effect of this bill, if enacted, would be to narrow the scope of federal laws concerning obscenity and indecency. It would remove the term "indecent" from certain statutes and revise the language pertaining to the transportation and importation of obscene materials. This could potentially lead to changes in how these laws are interpreted and enforced.
Potential Benefits
- Clarification of Legal Standards: By removing vague terms like "indecent," the bill aims to provide clearer legal standards.
- Protection of Free Speech: Narrowing the definition of prohibited materials could protect certain forms of expression.
- Modernization of Laws: Updating outdated language in the statutes could align them with contemporary understanding.
- Reduced Overreach: Limiting the scope of obscenity laws may prevent potential overreach in enforcement.
- Consistency with Constitutional Principles: By focusing on "obscene" materials, the bill may better align with First Amendment jurisprudence.
Most Benefited Areas:
Potential Disadvantages
- Potential for Increased Exposure to Obscene Materials: Loosening restrictions could lead to greater availability of such materials.
- Impact on Community Standards: Some may argue that the bill undermines community standards regarding decency.
- Enforcement Challenges: Narrowing the definition of prohibited materials could make it more difficult to prosecute obscenity cases.
- Unintended Consequences: Changes to existing laws could have unforeseen effects on related areas of law.
- Moral Concerns: Some individuals and groups may object to the bill on moral or religious grounds.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the US Constitution is complex. On one hand, it could be argued that narrowing the scope of obscenity laws aligns with the First Amendment's protection of free speech. However, the Constitution does not explicitly define "obscenity," leaving room for interpretation by the courts. The Supreme Court has held that obscenity is not protected by the First Amendment, but the definition of what constitutes obscenity has been subject to ongoing debate. The bill's impact on interstate commerce, as regulated by Congress under Article I, Section 8, would also need to be considered.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).