Kathleen Ann Ruane
Legislative Attorney
In 2000, Congress enacted 18 U.S.C. § 48 to criminalize the creation and sale of some depictions of animal cruelty. On April 20, 2010, the Supreme Court found the provision to be unconstitutional under the First Amendment. Congress has expressed interest in drafting a new statute to replace 18 U.S.C. § 48 that would more narrowly define the prohibited depictions and survive First Amendment scrutiny. The House of Representatives passed H.R. 5566, entitled the Prevention of Interstate Commerce in Adult Crush Videos Act of 2010 on July 21, 2010, which was submitted to the Senate. The Senate passed its amended version of H.R. 5566, entitled the Animal Crush Video Prohibition Act on September 28, 2010 (S. 3841). This report will give a brief background of the earlier version of § 48, provide an analysis of the Supreme Court case, and discuss the legislative response.
Date of Report: October 18, 2010
Number of Pages: 11
Order Number: R41457
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Legislative Attorney
In 2000, Congress enacted 18 U.S.C. § 48 to criminalize the creation and sale of some depictions of animal cruelty. On April 20, 2010, the Supreme Court found the provision to be unconstitutional under the First Amendment. Congress has expressed interest in drafting a new statute to replace 18 U.S.C. § 48 that would more narrowly define the prohibited depictions and survive First Amendment scrutiny. The House of Representatives passed H.R. 5566, entitled the Prevention of Interstate Commerce in Adult Crush Videos Act of 2010 on July 21, 2010, which was submitted to the Senate. The Senate passed its amended version of H.R. 5566, entitled the Animal Crush Video Prohibition Act on September 28, 2010 (S. 3841). This report will give a brief background of the earlier version of § 48, provide an analysis of the Supreme Court case, and discuss the legislative response.
Date of Report: October 18, 2010
Number of Pages: 11
Order Number: R41457
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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