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Perspective

May 1, 2010

Putting Congress Between a Rock and a Hard Place

The Supreme Court's wrong-headed decision on animal cruelty videos puts Congress between the proverbial rock and hard place, writes Barry McDonald of Pepperdine University School of Law.

By Barry P. McDonald

The Supreme Court did a disservice to our commitment to free speech in America by getting at least two things wrong in its opinion last week striking down a federal law banning the commercial production or sale of animal cruelty videos.

First, the Court unnecessarily struck down the law as being too broadly written. The law was created to give prosecutors the tools to deal with a commercial trade in two ugly types of vi...

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