A Battle Won, Perhaps

Gillian Lyons

Following up on last week’s post, on Monday, September 27th Jon Kyl (R-AZ), Jeff Merkley (D-OR), and Richard Burr (R-NC) introduced legislation, an amendment to H.R. 5566, which will prohibit the sale of crush videos, meaning any film, video, or recording that depicts live animals being crushed, drowned, suffocated or impaled in a manner that would violate a criminal prohibition under Federal or State law. The good news is that a day later, on September 28th, this legislation was met with unanimous approval by the entire Senate.  While the legislation will now need to be reapproved by the House (which is very likely, due to the original H.R. 5566’s 416 Ayes to 3 Nays), this is a big step in infusing strength back into 18 U.S.C. § 48 after the Supreme Court’s decision in United States v. Stevens.  Continue reading

Reconsidering Crush Videos

Gillian Lyons

After the Supreme Court struck down 18 U.S.C. § 48 in United States v. Stevens for having too broad a focus (click here for Professor Cassuto’s post-mortem of that decision), there was a general feeling of dismay in the animal law community due, in part, to the fact that the law strove to make the sale of crush videos illegal.

However, in response to the Court’s decision, Congress acted quickly and in June 2010 H.R. 5566: Prevention of Interstate Commerce in Animal Crush Videos Act of 2010 was introduced.  H.R. 5566 amends 18 U.S.C. § 48 to give the Act a narrower focus: prohibiting the sale of crush videos, meaning any film, video, or recording that depicts live animals being crushed, drowned, suffocated or impaled in a manner that would violate a criminal prohibition under Federal or State law. The bill was resoundingly approved with 416 Ayes and 3 Nays.           Continue reading