When the Supreme Court struck down, on free-speech grounds, a law making it a federal crime to sell videos depicting animal cruelty, Rep. Elton Gallegly (R-Simi Valley) had more than a passing interest.
He wrote the law.
On Wednesday, Gallegly responded swiftly to the ruling, introducing a “narrowly tailored” bill aimed at passing constitutional muster. The measure would target so-called animal crush videos, such as those showing women in high heels stomping on puppies and kittens.
The legislation comes a day after the court, in an 8-1 decision, overturned the conviction of a Virginia man prosecuted under Gallegly’s “Depiction of Animal Cruelty Act” for selling dog-fighting videos. Chief Justice John G. Roberts Jr. said the 1999 law was too broad and could allow prosecutions for selling hunting videos.
By Wednesday, Gallegly and Rep. James P. Moran (D-Va.), co-chairmen of the Animal Protection Caucus, had written the new law and, within a couple of hours, lined up 55 of their colleagues, from both parties, as co-sponsors.
“Violence is not a 1st Amendment issue; it is a law enforcement issue,” Gallegly said in a letter to colleagues. “You are not allowed to cry ‘fire’ in a theater; you are not allowed to possess or distribute child pornography. You shouldn’t be able to create and distribute videos that glorify the senseless killing of defenseless animals. Read More…
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