Mr. President, today, the Senate passed the Animal Crush Video Prohibition Act of 2010. I thank Senators Kyl, Merkley and Burr for their leadership on this important legislation, which bans the creation, sale and distribution of obscene animal crush videos. We worked together on a bipartisan basis to ensure that the bill respects the first amendment and the role of our court system, while at the same time giving law enforcement a valuable and necessary tool to stop obscene animal cruelty. Earlier this year, in United States v. Stevens, the Supreme Court struck down a Federal statute banning depictions of animal cruelty because it held the statute to be overbroad and in violation of the first amendment. Animal crush videos, which can depict obscene, extreme acts of animal cruelty, were a primary target of that legislation. Several months ago, in response to the Stevens decision, the House overwhelmingly passed a narrower bill banning animal crush videos on obscenity grounds. The Senate Judiciary Committee regularly looks at questions raised by Supreme Court decisions and the first amendment, and the House bill was referred to the Senate Judiciary Committee for consideration. The version of the bill passed today reflects a carefully crafted compromise between the House and Senate that strikes the right balance between the first amendment and the needs of law enforcement, while adhering to the separation of powers enshrined in our Constitution.…
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