[Public Papers of the Presidents of the United States: WILLIAM J. CLINTON (1999, Book II)]
[December 9, 1999]
[Page 2245]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing Legislation To Establish Federal Criminal Penalties 
for Commerce in Depiction of Animal Cruelty
December 9, 1999

    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.