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En banc Third Circuit constitutionally distinguishes animal porn from child porn

By Douglas A. Berman

In a ruling that surely will not please aminal rights activists (but provides great material for teachers of animal law), the en banc Third Circuit today found unconstitutional a federal law criminalizing the sale of creation, sale, or possession of depictions of animal cruelty in US v. Stevens, No. 05-2497 (3d Cir. July 18, 2008) (available here). Here is how the long opinion starts: The Supreme Court has not recognized a new category of speech that is unprotected by the First Amendment in over twenty-five years. Nonetheless, in this case the Government invites this Court to take just such a step in order to uphold the constitutionality of 18 U.S.C. § 48 and to affirm Robert Stevens? conviction. For the reasons that follow, we decline the Government?s invitation...continue to full post

Full post as published by Sentencing Law and Policy on July 18, 2008 (boomark / email).