[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5514 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5514

     To amend title 28, United States Code, to limit Federal court 
  jurisdiction over State laws restricting pornography, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2008

  Mr. Cannon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend title 28, United States Code, to limit Federal court 
  jurisdiction over State laws restricting pornography, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Pornography Jurisdiction 
Limitation Act of 2008''.

SEC. 2. LIMITATION ON JURISDICTION.

    (a) In General.--Chapter 99 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1632. Limitation on jurisdiction
    ``(a) In General.--No court created by Act of Congress shall have 
jurisdiction, and the Supreme Court shall have no appellate 
jurisdiction, to hear or decide a question of whether a State 
pornography law imposes a constitutionally invalid restriction on the 
freedom of expression.
    ``(b) Court Precedent Not Binding.--A decision of a Federal court, 
to the extent the decision relates to a question described in 
subsection (a), is not binding precedent on a State court.
    ``(c) Definitions.--In this section:
            ``(1) The term `State pornography law' means a law of a 
        State or political subdivision of a State, to the extent the 
        law restricts a depiction, description, or display of nudity or 
        sexual conduct.
            ``(2) The term `State court' means a court of a State or 
        political subdivision of a State.
            ``(3) The term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 99 of title 28, United States Code, is amended by adding at the 
end the following new item:

``1632. Limitation on jurisdiction.''.
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