The United States Supreme Court Strikes Down Federal Law Protecting Animals in Video Production

Published April 20, 2010
I guess it's alright now for animals to be cruelly treated, tortured and murdered in order to allow "Crush videos" to be produced and sold in order that our precious right of the freedom of speech is protected, according to the United States Supreme Court. Last Fall I wrote a blog item when the United States Supreme Court began considering a case titled "US v. Stevens." At the heart of the case was a Federal statute which made it a criminal act to possess, sell or make videos or other distribution of films depicting violent acts of animal cruelty. But whether that Federal law violated freedom of speech was the question upon which they were considering. On Tuesday, April 20, in an 8-1 decision, the United States Supreme Court struck down that Federal law which was designed to ban the making and distribution of graphic violence directed at animals in videos. Their decision was based on the opinion that the Federal law does violate the First Amendment's right to free speech. Chief Justice John Roberts, in speaking for the majority said, "We read (the law) to create a criminal prohibition of alarming breadth." He noted that nowhere in that disputed law was there a requirement that the depicted conduct actually be "cruel." In striking down the Federal law, the Court argued that the wording in the Federal law was too vague and needed to be far more clearly defined. Judge Roberts wrote, "There are myriad federal and state law concerning the proper treatment of animals, but many of them are not designed to guard against animal cruelty. Protections of endangered species, for example, restrict even the humane wounding or killing of living animals." Judge Samuel Alito was the only one with a dissenting vote. He wrote, "The First Amendment protects freedom of speech, but it most certainly does not protect violent criminal conduct, even if engaged in for expressive purposes." The Humane Society of the United States was disappointed in the decision. In a statement, Wayne Pacelle, President and Chief Executive of the organization said, "The Supreme Court's decision gives us a clear pathway to enact a narrower ban on the sale of videos depicting malicious acts of cruelty, including animal crush videos and dog fighting. Congress should act swiftly to make sure the First Amendment is not used as a shield for those committing barbaric acts of cruelty, and then peddling their videos on the Internet." But what makes their decision incomprehensible and highly disturbing to me it that is already illegal in the United States to harm animals during the making of a commercial or movie. In fact there are representatives of animal protection agencies present to ensure the safety of animals during their production. So why is the making and distribution of "Crush videos" which often feature women in stiletto heels, piercing their body parts, or crushing small animals such as kittens, chicks and puppies under their feet considered to be any different? How do you feel about the United States Supreme Court's decision? Leave a comment and share your opinion. Photo Credit: Wikipedia Sitting on the west side of the United States Supreme Court Building: The Contemplation of Justice.
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Jo Singer

Shortly after retiring as a social worker and psychotherapist, I discovered my "writer's voice"…

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Comments (19)

Anonymous (Unverified)

I could be wrong on this, it has been many months since I was studying on what I think was this case, but if this is the same case that I was studying on months ago, it seems that this article is leaving out why 8 of 9 justices voted to overrule the law. Among those eight justices are ones that often disagree and come from very divergent political backgrounds.

From what I recall, this law was so broad that it even would technically make standard hunting videos illegal.

So, a video that shows a person legally and ethically shooting an animal as per scientifically managed and regulated animal population control by State Wildlife management agencies would be illegal under this law.

A how to video teaching someone to hunt turkeys could be technically illegal under this law.

A video teaching a hunter how to clean and field dress an animal so that no meat goes to waste could be technially illegal under this law.

Again, I could be wrong, but I know a similiar law was being challenged somewhere and it sounds like this one.

I don't think any sane American would be supportive of crush videos. And hopefully congress will be quick to write a better written bill soon to make horrific crush videos illegal.

It seems that the ruling opinion would be that such a restriction would be allowable, but the law needs to make sure that it doesn't become so broad that it places restrictions that most Americans would not support.

Anonymous (Unverified)
This is what happens when you have a country run by intellectuals:common sense is "crushed" and ethics and decency go "extinct". Maybe we should all remember what happened to Greece when their government was too busy implementing their philosopher's ideas: next thing they knew, Rome had taken over them and "crushed" their philosophy with their invincible common sense Army. Those who forget History are doomed to repeat it.
Anonymous
This only shows our government is out of control. I wonder how much money the supreme court justices are making for this decision.I thought we lived in a civilized society, how wrong i was.So if i want to step on another human until they die so I can be sexually gratified its ok? I'm just expressing my freedom of speech? I have lost all respect for this government,and the people who are running it out of control.I didnt even know what a crush video was until i researched it after reading this article.And I'm telling you if I witness the act, God help the one i see doing it.Nowhere does this have anything to do with freedom of speech or expression..Its just plain damn sick!! And I know that these acts of cruelty are what makes murderers. Someone needs to tell our government to quit wiping the asses of these sick people and start treating them like what they are DERAINGED!!The U.S is falling lower than any third world nation .Animals have rights and do more for this world than most humans.
Anonymous (Unverified)

The constitution leaves much of criminal law to states to manage. I am an animal lover and work for a rescue group, but not every law needs be a federal issue. Leave it to local or state law to sanction or abolish. And I hope those who participate get shot.

Bonny (Unverified)
Is Judge Alito the only supreme court judge with any sense? These videos show violent criminal acts against animals and should be abolished and not tolerated. period!
fourhorsegal
There is a difference between freedom of speech and cruelty to animals. It never ceases to amaze me how things can so easily be manipulated to suite someone's idiotic ideas. This angers me so much, I really can't think of anything not censored.
Barb (Unverified)
At what point does freedom of speech cross the line? If one takes Judge Roberts' explanation literally, then any type of porno video or photography should be legal. After all, there are laws regarding sex with a minor that would encompass the videos and stills. What about posting videos of people doing drugs and calling it "art"? Roberts doesn't seem to realize that prosecuting these people for making and selling the videos gets one more abuser off the streets.