LANSING, Mich.—Lawmakers in the state of Michigan introduced legislation last week that would adopt a total ban on pornography within the state. All of the proponents of the bill are anti-porn Republicans who liken legal porn to human trafficking and criminal conduct.
The proposal is House Bill (HB) 4938, which is led by far-right Republican state Rep. Josh Schriver.
Rep. Schriver dubbed HB 4938 the "Anti-Corruption of Public Morals Act," which would levy fines and criminal penalties for those who produce and distribute forms of expression that are otherwise protected by the First Amendment. The bill would also place distributors of such material on the Michigan sex offender registry.
"Don't make it, don’t share it, don’t view it," Rep. Schriver posted on X. "These measures defend children, safeguard our communities, and put families first."
Schriver's bill also has a transphobic component. If adopted into law, the act includes prohibitions on material that "includes a disconnection between biology and gender by an individual of one biological sex imitating, depicting, or representing himself or herself to be of the other biological sex."
At first glance, the bill is clearly a violation of the First Amendment. It also goes up against existing case law on public morality laws, especially since the bill, if it is signed into law, would levy hefty prison time and/or fines on people for simply expressing their sexuality.
Under the bill, distributing the prohibited material or posting it on websites like OnlyFans or Pornhub would carry a maximum prison sentence of 20 years and/or a $100,000 fine. More than 100 pieces of prohibited material that are posted could escalate such a penalty to 25 years and/or a fine of up to $125,000.
It is highly unlikely HB 4938 will become law, as the state legislature is split between Republicans and Democrats. Democratic Gov. Gretchen Whitmer would likely veto such legislation if it were to cross her desk, as well.
"This is an outrageous proposal that has essentially no chance of survival. It is wholly unconstitutional," says Corey Silverstein, a First Amendment attorney specializing in representing adult industry clients. Silverstein lives and practices law in Michigan.
He adds, "Unfortunately, this is yet another outrageous bill that has been spurred by far-right conservatives who were emboldened by the recent Texas age verification case decided by the U.S. Supreme Court."
Silverstein refers to the 6-3 conservative ruling in favor of the state of Texas, finding that age verification laws that specifically target online porn platforms are justified.
"It’s shameful and a complete waste of tax dollars for such a proposal, and if need be, I will appear before the Michigan legislature to oppose this insanity."
A Republican in Oklahoma has additionally pushed for a total ban on pornography within his state, but that measure has not advanced.
