United States v. Stevens

533 F.3d 218 (3d Cir. 2008) (en banc), cert. granted, 129 S. Ct. 1984 (2009)

  1. Read our U.S. v. Stevens FAQ
  2. Media Coalition amicus brief
    Media Coalition amicus brief
  3. Government's Brief on the Merits to the Supreme Court
  4. Stevens Brief on the Merits to the Supreme Court
  5. US reply briefs on the merits
  6. Third Circuit Court of Appeals Opinion
  7. 18 U.S.C 48

Most recent news: On October 6, 2009, the U.S. Supreme Court heard arguments in a challenge to a law banning depictions of intentional harm to animals.  The government is asking the Supreme Court to carve out a new category of speech that is not protected by the First Amendment.  Stevens' brief was filed July 20th.  Amicus briefs supporting Stevens opposing the law (below, courtesy of ScotusWiki) were filed on July 27, 2009.

 

History:  This case concerns a 1999 federal law which made it illegal to "knowlingly create, sell, or possess a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain.  Any person convicted fo violating the law shall be fined under this title or imprisoned not more than 5 years, or both."  (18 U.S.C. 48)

In 2004, Virginia resident Robert S. Stevens was convicted and sentenced to 37 months in prison under this law for selling three video tapes.  Two contained snippets of dogfights while a third featured footage of dogs being trained to hunt.  Stevens appealed his conviction to the Third Circuit Court of Appeals who heard his appeal on October 25, 2006, and en banc on November 13, 2007.

The Third Circuit overturned the sentence and struck down the law as unconstitutional, refusing to carve out a new exception to First Amendment free speech protections for depictions of dogfighting.  10 judges joined the majority opinion and three dissented.  On December 15, 2008, the Solicitor General of the United States filed a petition for certiorari with the Supreme Court.  Certiorari was granted on April 20, 2009.  Media Coalition submited an amicus brief on July 27, 2009.  Oral argument were heard October 6, 2009.

updated 12/22/09