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Tuesday, December 28, 2010

Banning Crush Videos: The Animal Crush Video Act of 2010

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. Following the decision, Congress introduced legislation to craft a more narrow version of § 48, which would ban only obscene crush videos. On December 9, 2010, the Animal Crush Video Prevention Act of 2010, which enacts a new and more narrow version of § 48, became P.L. 111-294. This report will give a brief background of the earlier version of § 48, provide an analysis of the Supreme Court case, discuss the legislative response, and analyze the legal questions left open by the new law.

Date of Report: December 16, 2010
Number of Pages: 11
Order Number: R41457
Price: $29.95

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