Supreme Court Hands Down Major Free Speech Ruling

[alfreda89]

In what's being called a resounding victory for free speech, the U.S. Supreme Court in an 8-1 ruling overturned the conviction of a Virginia man who was sentenced to three years in prison for creating several videos that included scenes of dog fighting. Robert Stevens was found guilty under a federal statute that prohibits the creation, sale or possession of "a depictor of animal cruelty" with "the intention of placing the depiction in interstate or foreign commerce for commercial gain." The court, however, struck down the law, saying it "created a criminal prohibition of alarming breadth."

Prosecutors argued that the law, passed in 1999, included an exemption for works that have "serious" value, was a necessary tool to prevent the sale of so-called "crush" videos, fetish films that feature small animals being crushed by women's feet. In an opinion authored by Chief Justice John G. Roberts Jr., however, the Court rejected that proposition, saying that "[a]s a free-floating test for First Amendment coverage, that idea is startling and dangerous." Samuel Alito was the lone dissenter, noting that the government could legitimately balance free speech against purported "societal costs."

The rest of the PW article is here.

I have my eye on you, Justice Alito. I don't like the way you think. Free speech is one of the top things that makes us different from the rest of the world. It defines the Constitution and the Bill of Rights. Don't mess with it.

Comments

[lagilman]

In fairness to Alito, when the Supremes have doubts about the way something might be handled (opening floodgates, as it were) one of them often writes up a dissenting opinion that lays clear the objections to such a ruling -- sort of a "this could happen" caution for future use.

And he's not wrong. :-( I think that these vids etc are an abomination, and would like to see very specific language banning them on previously established cruelty-to-animal laws that can be uphelpd without breaking a sweat.

Good point --

[alfreda89.livejournal.com]

Yes, they are ghastly videos and should be banned, but let's be honest, I could see "Overturned" stamped on that phrasing before it got out of the box. Which I don't get the impression was mentioned, although I haven't looked up the entire dissenting opinion, which looks like I should. It's like going after porn -- someone always finds a way around a vaguely or poorly-worded law.

I am a big advocate for comics being what they want to be, with proper packaging to keep minors from getting the wrong thing. But don't toss someone into prison over ELFQUEST. And that's been tried....

[ladypoetess.livejournal.com]

I'm with you. Upholding free speech is definitely paramount here, even if the things being done with that free speech make me sick to my stomach. My favorite quote on this subject is from the movie The American President, in a speech by President Shepherd:

America isn't easy. America is advanced citizenship. You gotta want it bad, 'cause it's gonna put up a fight. It's gonna say "You want free speech? Let's see you acknowledge a man whose words make your blood boil, who's standing center stage and advocating at the top of his lungs that which you would spend a lifetime opposing at the top of yours. You want to claim this land as the land of the free? Then the symbol of your country can't just be a flag; the symbol also has to be one of its citizens exercising his right to burn that flag in protest." Show me that, defend that, celebrate that in your classrooms. Then, you can stand up and sing about the "land of the free".

That remains one of my favorite movies of all time, in large part because of this speech. :)

Edit: Silly tab + enter button posting before I was done.

speaking of free speech,

[sheilagh.livejournal.com]

or rather, freedom in general, you might dig this. in fact, I'm sure you have an icon JUST for this:

http://alobar.livejournal.com/3734191.html

Re: speaking of free speech,

[alfreda89.livejournal.com]

Of course I will participate! I have just the right shirt for the occasion!

And yes, I do have a great icon designed for just such an occasion....