Congresswoman Madeleine Dean, whose offices are in Glenside, helped lead an amicus brief to the Supreme Court concerning the ongoing Smith & Wesson Brands, Inc. et al., v. Estados Unidos. Mexicanos case.
From her press release:
In Smith & Wesson, Mexico is suing U.S. gun manufacturers and a distributor for allegedly aiding and abetting illegal arms trafficking. Smith & Wesson Brands will be a critical case for victims and survivors of gun violence hoping to hold the gun industry accountable for its actions in years to come. As lawmakers whose constituents have been harmed by gun violence or the threat of it, amici argue that the gun industry should not be insulated from liability for its own unlawful conduct.
“Gun violence is a scourge that affects every community in this country,” Rep. Dean said. “And while weapons manufacturers should not be held liable for every single crime committed with one of their guns, there are instances in which their actions directly facilitate crime. In those cases, they should absolutely be held to account — otherwise, they have no incentive to maintain responsible business practices. I am grateful to my colleagues in the House and Senate for coming together and making this argument before the Court.”
“For too long, the American firearms industry has profited from sales to Mexican drug cartels — allowing these viciously criminal groups to terrorize Mexican society. This brief rejects the gun manufacturers’ position claiming a right to fuel violence and chaos. I’m proud to continue my work stopping dangerous gun industry practices,” Senator Blumenthal said.
“Every year, half a million firearms pour south across our border into Mexico and fall into the hands of violent cartels that then use those guns to send us fentanyl in return,” Rep. Goldman said. “For far too long, the illegal gun traffickers who enable this violence and the American gun manufacturers who aid and abet it have grown rich at the expense of American communities. Enough is enough. I’m proud to lead this amicus brief with my colleagues in support of this suit against gun manufacturers for their complicity in the violence at our Southern Border, and I urge the U.S. Supreme Court to adhere to the letter of the law and hold these bad actors to account.”
“The Protection of Lawful Commerce in Arms Act (PLCAA) was never meant to shield illegal or reckless behavior by the gun industry. Yet for years, some companies have exploited the law to evade accountability, even when their actions fuel violence and endanger lives. The unchecked actions of bad actors in the industry demand scrutiny and accountability—no one is above the law. We applaud Senator Blumenthal and Representatives Dean, Raskin, Thompson, Johnson, and Goldman for their leadership in standing up to the gun lobby and championing efforts to ensure accountability and justice,” said David Pucino, Legal Director & Deputy Chief Counsel at GIFFORDS Law Center.
The U.S. Supreme Court is expected to hear oral arguments in this case on March 4, 2025.
In related news, Rep. Dean helped reintroduce the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Network (TAKE IT DOWN) Act.
From her press release:
This bipartisan, bicameral bill protects victims of real and deepfaked non-consensual intimate imagery (NCII) and prohibits bad actors from distributing naked photos of children with the intent to harass, abuse or degrade them, or for sexual gratification.
The internet is awash in NCII, in large part from new generative artificial intelligence (AI). We are also experiencing a terrifying rise in child sexual abuse material online. We must act now to defend victims, many of whom are women and girls.
“As AI becomes more ubiquitous in our lives, it is essential that we safeguard survivors of explicit deepfakes and non-consensual intimate imagery (NCII) that often devastate girls and women,” Rep. Dean said. “Whether their attackers used deepfake technology or a simple camera, victims deserve federal protection and the peace of mind that these images are removed from the Internet. I’m thankful to work with a bipartisan, bicameral group of lawmakers on a commonsense bill that will better protect Americans and meaningfully regulate AI.”
“While artificial intelligence is paving the way for a golden age of prosperity for all Americans, bad actors are abusing it to extort innocent people with unauthorized deepfake porn,” said Rep. Salazar. “The TAKE IT DOWN Act is Congress’ best shot to stop these offenders from hurting more people, protect victims, and hold online platforms accountable.”
The TAKE IT DOWN Act would protect and empower children and victims of real and deepfake NCII, while protecting lawful speech. Specifically, the bill:
- Bans the publication of NCII or the threat to publish NCII in interstate commerce;
- Prohibits the distribution of nude images of children with the intent to harass or degrade them, or to arouse or gratify the sexual desire of any person.
- Permits certain good faith disclosures of NCII, including reports intended for law enforcement or medical treatment; and
- Requires websites to take down photos and videos within 48 hours of a victim’s report.
Senators Amy Klobuchar (D-MN) and Ted Cruz (R-TX), led the introduction of the Senate companion bill in the 118th Congress, and again this Congress. In the 118th Congress, TAKE IT DOWN passed in the Senate, but did not advance through the House or to the President’s desk.
The TAKE IT DOWN Act is supported by over 100 different organizations and advocacy groups. A full list can be found here.
To read the full text of the legislation, click here.
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