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Justices Cite Free Speech in Animal Abuse Videos

They seem ready to strike down law

By Nick McMaster,  Newser Staff

Posted Oct 6, 2009 4:00 PM CDT

(Newser) – The Supreme Court seems likely to back an appellate court ruling that said depictions of animal cruelty are protected as free speech by the First Amendment. In arguments today, the justices considered the case of a man convicted of selling dogfighting videos under a 1999 law that equates videos of animal cruelty with child pornography. Most of the justices seemed to be of the opinion that the law’s definition of banned content is too vague, notes USA Today.

Justice Scalia asked whether the law could cover videos of Spanish bull-fighting, while Justice Alito questioned whether the hypothetical "Human Sacrifice Channel" would be banned. The law exempts content with educational, political, historical, or other social value, and Chief Justice John Roberts implied in his questioning that he considers those guidelines too broad and subjective.

Associate Justice Samuel Alito Jr. sits for a new group photograph, Tuesday, Sept. 29, 2009, at the Supreme Court in Washington.
Associate Justice Samuel Alito Jr. sits for a new group photograph, Tuesday, Sept. 29, 2009, at the Supreme Court in Washington.   (AP Photo/Charles Dharapak)
A pit bull rescued from a dog-fighting ring.
A pit bull rescued from a dog-fighting ring.   (AP Photo/St. Louis Post-Dispatch, Dawn Majors)
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How can you tell that these aren't political videos?
- John Roberts, Chief Justice of the Supreme Court

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COMMENTS
Showing 3 of 17 comments
Netstorm2k10
Oct 7, 2009 12:54 PM CDT
Yeah, I don't equate animals with kids. Sorry you do.
piyrwq
Oct 7, 2009 12:49 PM CDT
The cocks strap blades to the back of their ankles, then fight to the death on their own?
Netstorm2k10
Oct 7, 2009 12:24 PM CDT
I hear the chords of Dixie stirring the air already.

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