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Tuesday, April 20, 2010

USSC strikes down law re depictions of animal cruelty

The Supreme Court has handed down U.S. v. Stevens, the dog fighting case.   The Court struck down as overbroad the federal law barring depictions of animal cruelty.  Chief Justice John Roberts wrote the majority opinion, in which he rejected the argument for making animal cruelty an unprotected category of speech akin to child pornography. Justice Alito dissented.  I'll throw in my two cents on the case after reading the opinions. In the meantime, check out this analysis on SCOTUSblog.

Posted by Lyrissa Lidsky on April 20, 2010 at 04:27 PM | Permalink


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Posted by: Atlanta Bankruptcy attorney | Apr 21, 2010 8:03:35 AM

From the CJ opinion:

The First Amendment’s guarantee of free speech does not extend only to categories of speech that survive an ad hoc balancing of relative costs and benefits. The First Amendment itself reflects a judgment by the American people that the benefits of its restrictions on the Government outweigh the costs. Our Constitution forecloses any attempt to revise that judgment simply on the basis that some speech is not worth it.

Posted by: Rick Garnett | Apr 21, 2010 7:18:06 AM

And Michael Dorf has a nice post up: http://www.dorfonlaw.org/2010/04/of-flags-and-kittens.html

Posted by: Patrick S. O'Donnell | Apr 20, 2010 8:08:10 PM

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