United States v. Stevens
Encyclopedia
United States v. Stevens, 559 U.S. ___, 130 S.Ct. 1577 (2010) was an April 20, 2010 decision by the Supreme Court of the United States
, which ruled that the version of 18 U.S.C. § 48 which had entered into effect on December 9, 1999 as Public Law No: 106-152 was an unconstitutional abridgment of the First Amendment right to freedom of speech.
Subsequent to this ruling, Public Law No: 111-294 entered into law on December 9, 2010 as a different version of , a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals
.
with the intention of placing the depiction in interstate or foreign commerce for commercial gain. The law had been enacted in 1999, primarily to target "crush videos", which depicted people crushing small animals to gratify a sexual fetish. It excluded from prosecution "any depiction that has serious religious, political, scientific, educational, journalistic, historical, or artistic value;" this language tracked the "Miller test
" the U.S. Supreme Court used to determine whether speech could be prosecuted for obscenity or was protected by the First Amendment.
In 2004, Robert J. Stevens was indicted under 18 U.S.C. § 48 for creating and selling three video tapes, two of which depicted pit bull
s engaged in dog fighting
. The third tape depicted a pit bull attacking a domestic pig as part of the dog being trained to catch and kill wild hogs; this video included "a gruesome depiction of a pit bull attacking the lower jaw of a domestic farm pig." Although Stevens' criminal prosecution concerned only three tapes, he had made $20,000 in two and a half years from selling nearly 700 videos. Stevens was not accused of engaging in animal cruelty himself, nor of shooting the original footage from which the videos were created. However, the footage in each of the videos "is accompanied by introductions, narration and commentary by Stevens, as well as accompanying literature of which Stevens is the author."
Stevens filed a motion to dismiss the indictment, arguing that the federal statute abridged his right to freedom of speech under the First Amendment. The District Court
denied his motion in November 2004. In January 2005, Stevens was convicted by a jury after a deliberation of 45 minutes.
vacated his conviction, holding that 18 U.S.C. 48 violated the First Amendment. The court stated that dog fighting, or the use of dogs to hunt hogs, may be made illegal to protect animals from cruelty. However the court ruled that the law in question, prohibiting the depiction of animal cruelty, violates the First Amendment, as it would create a new category of speech not protected by the free speech provision of the Amendment.
Stevens' attorney, Washington lawyer Patricia Millett, has written:
In June 2009 the Animal Legal Defense Fund filed a brief in defense of the animals’ interests. The brief encouraged the Court to recognize the protection of animals as a compelling government interest and uphold Section 48.
More than a dozen media outlets joined an amicus brief in support of Stevens, including The New York Times
, National Public Radio, the American Society of News Editors
, the Association of Alternative Newsweeklies
, Citizen Media Law Project, MediaNews Group
, the National Press Photographers Association
, the Newspaper Association of America
, the Newspaper Guild–CWA
, Outdoor Writers Association of America, the Radio-Television News Directors Association, the Society of Environmental Journalists
, and the Society of Professional Journalists
.
dissenting. The Court found that Section 48 was substantially overbroad, and therefore invalid under the First Amendment to the United States Constitution
.
, 458 U. S. 747, which concerned child pornography. The Court there held that child pornography is not protected speech, and I believe that Ferber’s reasoning dictates a similar conclusion here."
(R-Ca.) introduced a new bill with much more specific language indicating it was intended only to apply to "crush videos." President Barack Obama
signed the bill into law on December 9, 2010.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, which ruled that the version of 18 U.S.C. § 48 which had entered into effect on December 9, 1999 as Public Law No: 106-152 was an unconstitutional abridgment of the First Amendment right to freedom of speech.
Subsequent to this ruling, Public Law No: 111-294 entered into law on December 9, 2010 as a different version of , a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals
Cruelty to animals
Cruelty to animals, also called animal abuse or animal neglect, is the infliction of suffering or harm upon non-human animals, for purposes other than self-defense. More narrowly, it can be harm for specific gain, such as killing animals for food or for their fur, although opinions differ with...
.
Background of the case
Robert J. Stevens, an author and small-time film producer who presented himself as an authority on pit bulls, compiled and sold videotapes showing dogfights. Though he did not participate in the dogfights, he received a 37-month sentence under a 1999 federal law that banned trafficking in “depictions of animal cruelty.”District Court proceedings
Public Law No: 106-152 was a federal criminal statute that prohibited the knowing creation, sale, or possession of depictions of cruelty to animalsCruelty to animals
Cruelty to animals, also called animal abuse or animal neglect, is the infliction of suffering or harm upon non-human animals, for purposes other than self-defense. More narrowly, it can be harm for specific gain, such as killing animals for food or for their fur, although opinions differ with...
with the intention of placing the depiction in interstate or foreign commerce for commercial gain. The law had been enacted in 1999, primarily to target "crush videos", which depicted people crushing small animals to gratify a sexual fetish. It excluded from prosecution "any depiction that has serious religious, political, scientific, educational, journalistic, historical, or artistic value;" this language tracked the "Miller test
Miller test
The Miller test , is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.-History and details:The Miller test was developed in the...
" the U.S. Supreme Court used to determine whether speech could be prosecuted for obscenity or was protected by the First Amendment.
In 2004, Robert J. Stevens was indicted under 18 U.S.C. § 48 for creating and selling three video tapes, two of which depicted pit bull
Pit bull
A Pit bull is any of several breeds of dog in the molosser breed group.Many jurisdictions that restrict pit bulls, including Ontario, Canada,, Miami, Florida, U.S...
s engaged in dog fighting
Dog fighting
Dog fighting is a form of blood sport in which game dogs are made to fight, sometimes to the death. It is illegal in most developed countries. Dog fighting is used for entertainment and may also generate revenue from stud fees, admission fees and gambling....
. The third tape depicted a pit bull attacking a domestic pig as part of the dog being trained to catch and kill wild hogs; this video included "a gruesome depiction of a pit bull attacking the lower jaw of a domestic farm pig." Although Stevens' criminal prosecution concerned only three tapes, he had made $20,000 in two and a half years from selling nearly 700 videos. Stevens was not accused of engaging in animal cruelty himself, nor of shooting the original footage from which the videos were created. However, the footage in each of the videos "is accompanied by introductions, narration and commentary by Stevens, as well as accompanying literature of which Stevens is the author."
Stevens filed a motion to dismiss the indictment, arguing that the federal statute abridged his right to freedom of speech under the First Amendment. The District Court
United States District Court for the Western District of Pennsylvania
The United States District Court for the Western District of Pennsylvania sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. The Honorable Judge Gary L. Lancaster is currently Chief Judge of the Western Pennsylvania District...
denied his motion in November 2004. In January 2005, Stevens was convicted by a jury after a deliberation of 45 minutes.
Third Circuit decision
Stevens appealed, and the Third CircuitUnited States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
vacated his conviction, holding that 18 U.S.C. 48 violated the First Amendment. The court stated that dog fighting, or the use of dogs to hunt hogs, may be made illegal to protect animals from cruelty. However the court ruled that the law in question, prohibiting the depiction of animal cruelty, violates the First Amendment, as it would create a new category of speech not protected by the free speech provision of the Amendment.
Review by the Supreme Court
The government appealed, asking that the Supreme Court overturn the appellate court ruling. On April 20, 2009, the U.S. Supreme Court agreed to review the lower court's decision. Oral arguments in the case were heard on October 6, 2009.Stevens' attorney, Washington lawyer Patricia Millett, has written:
In June 2009 the Animal Legal Defense Fund filed a brief in defense of the animals’ interests. The brief encouraged the Court to recognize the protection of animals as a compelling government interest and uphold Section 48.
More than a dozen media outlets joined an amicus brief in support of Stevens, including The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, National Public Radio, the American Society of News Editors
American Society of News Editors
The American Society of News Editors is a membership organization for editors, producers or directors in charge of journalistic organizations or departments, deans or faculty at university journalism schools, and leaders and faculty of media-related foundations and training organizations...
, the Association of Alternative Newsweeklies
Association of Alternative Newsweeklies
The Association of Alternative Newsmedia is a diverse group of covering every major metropolitan area and other less-populated regions of North America. AAN members have a combined weekly circulation of over 6.5 million as well as a print readership of nearly 17 million active, educated and...
, Citizen Media Law Project, MediaNews Group
MediaNews Group
MediaNews Group, based in Denver, Colorado, is one of the largest newspaper companies in the United States. It is privately owned and operates 56 daily newspapers in 12 states, with combined daily and Sunday circulation of approximately 2.4 million and 2.7 million, respectively...
, the National Press Photographers Association
National Press Photographers Association
NPPA is the acronym for the National Press Photographers Association, founded in 1947. The organization is based in Durham, North Carolina and its mostly made up of still photographers, television videographers, editors, and students in the journalism field...
, the Newspaper Association of America
Newspaper Association of America
The Newspaper Association of America is a trade association representing approximately 2000 newspapers in the United States and Canada. Member newspapers represented by the NAA include large daily papers, non-daily and small-market publications, as well as digital and multiplatform...
, the Newspaper Guild–CWA
Communications Workers of America
Communications Workers of America is the largest communications and media labor union in the United States representing about 550,000 members in both the private and public sectors. The union has 27 locals in Canada via CWA-SCA Canada representing about 8,000 members...
, Outdoor Writers Association of America, the Radio-Television News Directors Association, the Society of Environmental Journalists
Society of Environmental Journalists
The Society of Environmental Journalists is a non-profit created by and for journalists who report environmental topics in the news media. The mission of the Society of Environmental Journalists is to strengthen the quality, reach and viability of journalism across all media to advance public...
, and the Society of Professional Journalists
Society of Professional Journalists
The Society of Professional Journalists , formerly known as Sigma Delta Chi, is one of the oldest organizations representing journalists in the United States. It was established in April 1909 at DePauw University, and its charter was designed by William Meharry Glenn. The ten founding members of...
.
The court's decision
On April 20, 2010, the Supreme Court affirmed the appellate court ruling in an 8-1 decision written by Chief Justice Roberts, with Justice AlitoSamuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
dissenting. The Court found that Section 48 was substantially overbroad, and therefore invalid under the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Alito's dissent
Justice Alito dissented, explaining "(t)he most relevant of our prior decisions is FerberNew York v. Ferber
New York v. Ferber, , was a United States Supreme Court decision. The Court ruled unanimously that the First Amendment right to free speech did not forbid states from banning the sale of material depicting children engaged in sexual activity....
, 458 U. S. 747, which concerned child pornography. The Court there held that child pornography is not protected speech, and I believe that Ferber’s reasoning dictates a similar conclusion here."
Subsequent developments
On April 21, one day after the Supreme Court struck down the law, its original sponsor, Rep. Elton GalleglyElton Gallegly
Elton William Gallegly is the U.S. Representative for , and previously the 23rd and 21st, serving in Congress since 1993. He is a member of the Republican Party.-Early life, education, and pre-congressional career:...
(R-Ca.) introduced a new bill with much more specific language indicating it was intended only to apply to "crush videos." President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
signed the bill into law on December 9, 2010.
See also
- Snyder v. PhelpsSnyder v. PhelpsSnyder v. Phelps was a case heard by Supreme Court of the United States on whether the First Amendment protected protests of public protestors at a funeral against tort liability. It involved a claim of intentional infliction of emotional distress made by Albert Snyder, the father of Matthew...
(2011) - Bartnicki v. VopperBartnicki v. VopperBartnicki v. Vopper, 532 U.S. 514 , is a United States Supreme Court case relieving a media defendant of liability for broadcasting a taped conversation of a labor official talking to other union people about a teachers' strike...
(2000) - Church of Lukumi Babalu Aye v. City of HialeahChurch of Lukumi Babalu Aye v. City of HialeahChurch of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 , was a case in which the Supreme Court of the United States held an ordinance passed in Hialeah, Florida that forbade the "unnecessar[y]" killing of "an animal in a public or private ritual or ceremony not for the primary purpose of food...
(1993) - New York v. FerberNew York v. FerberNew York v. Ferber, , was a United States Supreme Court decision. The Court ruled unanimously that the First Amendment right to free speech did not forbid states from banning the sale of material depicting children engaged in sexual activity....
(1982)
External links
- Public Law 106-152, United States Government Printing Office.
- Public Law 111-294, United States Government Printing Office.