Statement on Signing Legislation To Establish Federal Criminal Penalties for Commerce in Depiction of Animal Cruelty
Today I have signed into law H.R. 1887, a bill that would establish Federal criminal penalties for the "creation, sale, or possession" of "a depiction of animal cruelty" with the intent to distribute such a depiction in interstate or foreign commerce, except when the depiction has "serious religious, political, scientific, educational, journalistic, historical, or artistic value."
I strongly support the objectives of this legislation. Its enactment should assist in reducing or eliminating some of the deplorable and indefensible practices that were identified during the Congress's deliberations on the bill and described in the House Judiciary Committee report on the bill.
Concerns were raised, however, during congressional consideration of H.R. 1887 that its application in certain contexts may violate the First Amendment of the Constitution. It is important to avoid constitutional challenge to this legislation and to ensure that the Act does not chill protected speech. Accordingly, I will broadly construe the Act's exception and will interpret it to require a determination of the value of the depiction as part of a work or communication, taken as a whole. So construed, the Act would prohibit the types of depictions, described in the statute's legislative history, of wanton cruelty to animals designed to appeal to a prurient interest in sex. I will direct the Department of Justice to enforce the Act accordingly.
WILLIAM J. CLINTON
The White House, December 9, 1999.
NOTE: H.R. 1887, approved December 9, was assigned Public Law No. 106-152.
William J. Clinton, Statement on Signing Legislation To Establish Federal Criminal Penalties for Commerce in Depiction of Animal Cruelty Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/229648