SCOTUS Hands Down Bad Decision on First Amendment

by Stephan Tawney on April 20, 2010

The Supreme Court just handed down an 8-1 decision on the First Amendment, ruling that videos depicting the illegal act of animal cruelty can not be banned from sale. It’s a bad decision, and I’ll explain in a moment.

WASHINGTON — The Supreme Court struck down a federal law Tuesday aimed at banning videos that show graphic violence against animals, saying it violates the right to free speech.

The justices, voting 8-1, 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.

But Chief Justice John Roberts, writing for the majority, said the law goes too far, suggesting that a measure limited to crush videos might be valid. Animal cruelty and dog fighting already are illegal throughout the country.

The dissenter? Justice Samuel Alito, a conservative member of the bench.

In dissent, Justice Samuel Alito said the harm animals suffer in dogfights is enough to sustain the law.

Alito said the ruling probably will spur new crush videos because it has “the practical effect of legalizing the sale of such videos.”

Rights are not unlimited, and that’s evident by the fact that the court has long upheld limits on the First Amendment. Animal cruelty, such as dog fighting, is already illegal throughout the country. So why are videos depicting cruel, illegal behavior protected by the First Amendment?

We’re not talking about controversial activity or a question of morals. The actions depicted are actually illegal and recognized by law as cruel. I’m no legal expert, so I’ll leave this to the pros. Can I sell videos of violent rapes? How about murders? If not, why? Because the activity is illegal and cruel? Huh.

The ban was supported by animal rights groups and the Obama Administration. It’s not often I find myself allying with those groups. But the ban was also officially supported by 26 states and Justice Alito. I’m more comfortable allying myself with animal rights groups and Samuel Alito on this than the liberal justices on the Supreme Court.



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