WASHINGTON, DC – Each year since 2005, Rep. Chris Cannon [R-Utah] has introduced the Pornography Jurisdiction Limitation Act, and every year it has expired due to lack of interest.But Cannon hasn’t given up. On February 28th, he introduced House Resolution 5514, the Pornography Jurisdiction Limitation Act of 2008. Designed “To amend Title 28, United States Code, to limit federal court jurisdiction over state laws restricting pornography,” it immediately was referred to the House Committee on the Judiciary, where its predecessors met with resounding yawns.
The actual text of the bill was not available on Monday, but published reports indicate HR 5514 seeks to prevent federal intervention in the enactment and enforcement of state obscenity laws. Specifically, if signed into law it would prevent federal courts from considering questions of constitutionality.
According to Cannon, the bill would place the final authority for obscenity laws where it belongs: in the hands of local communities, which is where the Supreme Court has said such decisions should be made.
“For too long, federal courts have created a dangerous climate for our children by overturning important decisions of state courts that restrict pornography consumption and distribution within its borders,” Cannon told Salt Lake City’s Deseret Morning News. “Pornographers should not be able to shop for a federal judge in California with the authority to tell Utahns what is and what is not obscene and unacceptable.”
Cannon is particularly concerned about the “liberal” record of the Ninth District Court of Appeals, which is located in California but has appellate jurisdiction over cases arising in Utah.
“There is persuasive historical precedent for limiting jurisdiction,” Cannon told the Deseret Morning News. “In no way does this legislation deny anyone his day in court. Instead, it simply shifts that decision from the federal court system to the system closest to the people of Utah and other states.”
His colleagues in the House apparently don’t agree with him, judging by their lack of enthusiasm for the bill’s previous incarnations.
