Authors Guild Calls on FCC Chair to Halt Media Intimidation
March 10, 2025
Oklahoma Anti-Pornography Bill: What It Means for Romance Writers
February 5, 2025
The Authors Guild has heard your concerns about a recent bill introduced in the Oklahoma legislature that seeks to dramatically expand the definition of unlawful pornography and impose harsh criminal penalties for the distribution of what it deems pornography. A fear from authors is that the bill could include romance books or book covers.
The bill, SB593, was introduced in January by Rep. Dusty Deevers, seemingly as a publicity-seeking maneuver by a legislator with a history of pushing far-right legislation that does not pass, even in a red state. And in this case, even if the bill were to advance or pass, we, along with the motion picture industry, publishers, free speech advocates, and others, would immediately jump in and ensure that a court enjoins it as a violation of the First Amendment.
Among other things, the bill would provide criminal penalties of up to ten years in prison for the production, distribution, or possession of pornography.
Where Do Romance Novels Fit In?
The Oklahoma law (and many others like it) makes a distinction between pornography, which refers to imagery, and “obscene materials” which could theoretically refer to text only. When enforcing legislation like this, there is a long-established test for obscenity established by the Supreme Court, called the Miller Test.
In Deever’s proposed legislation, “Pornography” is defined as “any visual depiction or individual image” of various acts, including “sexual intercourse which is normal or perverted” and “lewd exhibition of the uncovered genitals, buttocks, or, if such person is female, the breast, for the purpose of sexual stimulation of the viewer.” It further provides that such materials may not be produced or distributed within Oklahoma “if they lack serious literary, artistic, educational, political, or scientific purposes or value.”
This last part is important because it attempts to change the long-established Miller Test, where courts are required to consider whether a work taken as a whole lacks serious value. SB593 omits the “taken as a whole” language, suggesting that, if the bill became law, prosecutors could classify something as pornographic by taking an individual image or scene out of context–perhaps even the cover of a novel. This would be a clear violation of the Miller Test and suggests that the bill is mainly intended to provoke a lawsuit in hopes that the Supreme Court will eventually revisit that standard.
In any event, we don’t believe there is cause for romance writers to panic at this time. To begin with, the bill only applies its amendments to visual depictions, and not the text of erotic novels or similar works. Based on our preliminary online searches, we believe that few, if any, romance novel covers would fall under a generous reading of the proposed text. Of course, any writer who believes that images in their work could be implicated should contact us at staff@authorsguild.org.
As noted, we have been informed that none of Rep. Deevers’s bills have ever passed. That said, the fact that this latest bill would impose criminal penalties on constitutionally protected speech makes it important to follow, particularly in the current political environment. Members of the romance writer community should rest assured that the Guild will continue to track this and other assaults on free speech and will lend our expertise to those fighting against such attacks. Should SB593 move at all, we will be there to lobby against it and at least ensure that it excludes book covers.
Should the bill pass, the Authors Guild will keep its members informed, and stands ready to take swift action.