When the Supreme Court begins the 2009-2010 session they will consider the case of US v. Stevens. “What is US v. Stevens and why do I care?” you might ask. Well the case involves a federal law designed to stop “crush” videos where someone crushes a small animal with their feet. Sounds kinda gross right, who cares? Well the law was written in such a way that it covers all types of videos, including hunting or fishing videos. As the Supreme Court docket page states the issue:
Section 48 of Title 18 of the United States Code prohibits the knowing creation, sale, or possession of a depiction of a live animal being intentionally maimed, mutilated, tortured, wounded, or killed, with the intention of placing that depiction in interstate or foreign commerce for commercial gain, where the conduct depicted is illegal under Federal law or the law of the State in which the creation, sale, or possession takes place, and the depiction lacks serious religious, political, scientific, educational, journalistic, historical, or artistic value.
The question presented is whether 18 U.S.C. 48 is facially invalid under the Free Speech Clause of the First Amendment.
After reading that I’m sure you can imagine the concern. It appears on its face to make it illegal to sell a bear hunting video in a place with no bear season, for instance. The NRA and SCI have filed briefs on behalf of the respondent, available here and here. Obviously their concern is that virtually all hunting shows and videos will become illegal to sell in some state, effectively eliminating the industry.
Keep an eye on this case. I can’t fathom a way for this statute to be found Constitutional, but I’ve been wrong before.
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