The Stop Comstock Act (S. 951) seeks to overhaul federal obscenity law by revising several provisions in Title 18 of the U.S. Code and in the Tariff Act of 1930. The bill eliminates language that references indecent materials, immoral use, abortion-related provisions, and certain cross-references tied to those concepts. In practical terms, the changes appear to replace or remove portions of statutes that criminalized or restricted the distribution and importation of obscene or indecent materials and materials related to abortion, and to shift related enforcement references (for example, changing a cross-reference from 230(e)(2) to 230(f)(2)). The Tariff Act changes similarly remove language tying import restrictions to "immoral" or abortion-related concerns and adjust the Secretary’s role in those provisions. As introduced, the text signals a broad move away from Comstock-era constraints, though the exact regulatory or constitutional impact would depend on how the revised language is interpreted and applied.
Key Points
- 1Title 18 amendments: remove terms such as “indecent” and “immoral” from key obscenity statutes (552, 1461, 1462) and replace certain phrasing with broader declarations related to obscene materials; delete specific cross-references to other statutes (e.g., 39 U.S.C. 3001(e)).
- 2Section 1462 cross-reference change: replaces reference to 18 U.S.C. 230(e)(2) with 230(f)(2), altering the statutory basis for certain offenses or prohibitions related to obscene materials.
- 3Redrafting language around “obscene materials”: replaces the existing prosecutorial framing with a formulation that emphasizes a declaration about obscene materials, reducing or removing the previous emphasis on terms like “indecent” or “assassination” in the definition.
- 4Tariff Act adjustments: Section 305(a) changes remove references to “immoral” and “unlawful abortion” and revise language about drugs and Secretary’s role, signaling a loosening of import restrictions tied to those concepts.
- 5Overall purpose: presented as a repeal/overhaul of the Comstock-era framework, moving toward diminished regulatory constraints on obscene materials and certain imports; the practical effect would hinge on how the rewritten language is implemented and interpreted by courts and agencies.