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Crush Video Do-Over

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The President has signed H.R. 5566, the ''Animal Crush Video Prohibition Act of 2010''.

What is an animal crush video?  New 18 U.S.C. ยง48(a) provides,

DEFINITION.--In this section the term 'animal crush video' means any photograph, motion-picture film, video or digital recording, or electronic image that--

(1) depicts actual conduct in which 1 or more living nonhuman mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury (as defined in section 1365 and including conduct that, if committed against a person and in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242); and

(2) is obscene.
The definition of "obscene" is punted to the courts.  They know it when they see it.

For the fate of Congress's previous attempt, see United States v. Stevens, decided last April.

2 Comments

"United States v. Stevens" was a horrendous example of judicial activism.

Why does the United States even continue to pretend that it has a Constitution?

So... fish and insects are still permitted, right? Watch your local pet store; watch your husband; watch your wife...

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