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Court Voids Law Banning
Animal Cruelty Videos
WASHINGTON April 20, 2010
The Supreme Court, with only one dissenting vote Tuesday, struck down a federal ban on videos that show graphic violence against animals. The ruling cheered free speech advocates, but it raised concerns that more animals will be harmed.
The justices threw out the criminal conviction of Robert Stevens of Pittsville, Va., who was sentenced to three years in prison for videos he made about pit bull fights.
The law was enacted in 1999 to limit Internet sales of so-called crush videos, which appeal to a certain sexual fetish by showing women crushing to death small animals with their bare feet or high-heeled shoes.
The videos virtually disappeared once the measure became law, the government argued. The Bush administration used the law for the first time when it indicted Stevens in 2004.
The ruling probably will spur new crush videos because it has "the practical effect of legalizing the sale of such videos."
But Stevens said the law could be read to allow the prosecution of the producers of films about hunting. And he scoffed at the administration's assurances that it would only apply the law to depictions of extreme cruelty.
"But the First Amendment protects against the government," Stevens said. "We would not uphold an unconstitutional statute merely because the government promised to use it responsibly."
Free speech advocates praised Tuesday's ruling.
"Speech is protected whether it's popular or unpopular, harmful or unharmful," said David Horowitz, executive director of the Media Coalition. The group submitted a brief siding with Stevens on behalf of booksellers, documentary film makers, theater owners, writers groups and others.
A federal judge rejected Stevens' First Amendment claims, but the 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in his favor.
The case is U.S. v. Stevens, 08-769.
"To close your eyes will not ease another's pain." - Chinese Proverb
