In April, the United States Supreme Court, in an 8-1 decision, found unconstitutional the 1999 law seeking to outlaw crush videos. U. S. v. Stevens. Crush videos depict a sexual fetish that involves killing animals, often with stiletto heels. The prior law sought to make it a criminal offense to produce, sell, distribute or own such videos.
Last week the U. S. House of Representatives passed a new and more tightly drafted version of the legislation, HR 5566, the Prevention of Interstate Commerce in Animal Crush Videos Act. The bipartisan act was introduced by Representatives Elton Gallegly (R-CA) and Gary Peters (D-MI) and was overwhelmingly approved by a vote of 416-3. Senators Jon Kyl (R-AZ), Jeff Merkley (D-OR) and Richard Burr (R-NC) have vowed to lead the fight for Senate passage in hopes of sending the bill to President Obama’s desk.
The American Civil Liberties Union has announced its opposition to the legislation on First Amendment grounds. Its opposition did not sway congress or the Congressional Animal Protection Caucus which began work on the replacement legislation shortly after the Supreme Court’s decision. The Humane Society of the United States, a supporter of the legislation, has noted that crush videos have reappeared on the internet since the Court’s ruling. Much more on this at the Humane Society website.
[Author’s Note: special thanks to Marybeth Wosko for bringing this follow-up piece to my attention. Ms. Wosko has twice been interviewed for TMV, “Interview with a Vegan” and “Interview with a Vegan, Part II.”]
Cross posted at Elijah’s Sweete Spot.
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.