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HR 5514 IH

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

February 28, 2008

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

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A decision of a Federal court, to the extent the decision relates to a question described in subsection (a), is not binding precedent on a State court.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