Posted by Jonathan Adler:
Animal Cruelty and the First Amendment:
http://volokh.com/archives/archive_2008_12_14-2008_12_20.shtml#1229538690


   Are depictions of animal cruelty protected by the First Amendment? In
   July, the U.S. Court of Appeals for the Third Circuit held they are in
   a 10-3 en banc decision in [1]U.S. v. Stevens. The decision, which
   Eugene blogged about [2]here, struck down the federal law prohibiting
   the production, sale, and possession of depictions of "animal
   cruelty."

   Now it looks like the case may go up, as the Solicitor General has
   [3]filed a petition for cretiorari in the case. Because the Court
   usually agrees to review decisions striking down federal statutes, I
   would think the chances for certiorari are pretty good.

References

   1. http://volokh.com/posts/1216416918.shtml
   2. http://volokh.com/posts/1216416918.shtml
   3. http://www.post-gazette.com/pg/08352/935594-85.stm

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