110 HR 5514 IH: The Pornography Jurisdiction U.S. House of Representatives 2008-02-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5514 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.

1.

Short title

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

2.

Limitation on jurisdiction

(a)

In general

Chapter 99 of title 28, United States Code, is amended by adding at the end the following:

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A decision of a Federal court, to the extent the decision relates to a question described in subsection (a), is not binding precedent on a State court.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. .