A group of Michigan House Republicans has introduced legislation that would impose a statewide ban on pornography, criminalizing the production, distribution, and even viewing of sexually explicit material.

The bill, House Bill 4938, titled the Anticorruption of Public Morals Act, was introduced by Rep. Josh Schriver (R-Oxford) and five co-sponsors. If enacted, it would make Michigan the first state in the U.S. to prohibit adult material for both minors and adults.

“Don’t make it, don’t share it, don’t view it,” Schriver said in a social media post promoting the bill, adding that porn distributors should be placed on the sex offender registry. “These measures defend children, safeguard our communities, and put families first.”

When asked to cite credible sources to back his claims that the “vast majority of porn is a result of human trafficking,” he did not respond.

This is probably because there are no credible sources to back his claims.

The proposed law would outlaw the distribution of depictions, descriptions, or simulations of sexual activity “whether real, animated, digitally generated, written, or auditory,” explicitly listing intercourse, masturbation, and even “sensual voice content” such as moaning or erotic ASMR.

The bill also prohibits any content showing a “disconnection between biology and gender,” targeting material involving transgender expression or cross-dressing. Exceptions would exist for scientific and medical research or educational instruction.

Violations would carry felony penalties:

• Up to 20 years in prison and/or a $100,000 fine for distributing or making porn available online.
• Up to 25 years in prison and/or a $125,000 fine if more than 100 pieces of material are involved.

The law would further require internet service providers to use filters blocking access to prohibited content and mandate 24/7 content moderation tools capable of real-time scanning and takedown.

The bill has been co-sponsored by Reps. Joseph Pavlov (R-Smiths Creek), Matthew Maddock (R-Milford), James DeSana (R-Carleton), Jennifer Wortz (R-Quincy), and Joseph Fox (R-Mancelona).

Schriver has previously argued that pornography is linked to human trafficking, saying that “shutting down the porn industry would be a crushing blow to the human trafficking industry.”

Supporters say the proposal is about protecting children, but legal experts note the measure is likely to face constitutional challenges. The U.S. Supreme Court has repeatedly held that pornography, while subject to regulation, is protected free speech under the First Amendment unless it meets the legal definition of obscenity.

The U.S. Supreme Court has long held that pornography, while subject to regulation, is protected speech unless it meets the strict definition of obscenity under the Miller test (Miller v. California, 413 U.S. 15 (1973)). In Stanley v. Georgia, 394 U.S. 557 (1969), the Court ruled that individuals have a constitutional right to possess and view adult material in their own homes.

Later, in Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), the Court struck down a federal ban on virtual pornography, reaffirming that sexually explicit material involving adults is generally protected under the First Amendment.

House Bill 4938 has been referred to the House Judiciary Committee. No hearings have yet been scheduled.

If advanced, the law would take effect 90 days after passage.

The proposal comes as several other states, including Texas, Florida, and Missouri, have pursued age-verification laws for adult websites, but none have attempted a total ban on pornography.