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Discussion Chapter 3: Constitutional Protections 1 Should Depictions of Animal Cruelty Be Protected by the First Amendment? Congress enacted 18 U.S.C. § 48, which criminalizes commercial creation, sale, or possession of a visual or auditory depiction in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if that conduct violates federal or state law where the creation, sale, or possession takes place. […]