First Amendment topicsAbout the First Amendment
 
United States v. Stevens (docket #: 08-769) (2009)

Argument Date 10/06/2009
 
IssueWhether 18 U.S.C. § 48’s ban on knowingly selling depictions of animal cruelty with the intention of placing those depictions in interstate commerce for commercial gain violates the First Amendment.
Certiorari Granted 04/20/2009
Lower Court 3rd Circuit
Lower Court Ruling First Amendment claim sustained
Lawyers
For Petitioner
Solicitor General Elena Kagan
For Respondent
Patricia Ann Millett
Briefs
For Petitioner
Certiorari Petition
Merits Brief for Petitioner, United States of America (SCOTUSblog)
Petitioner's Reply Brief
For Respondent
Brief in Opposition
Reply Brief
For Amicus
Brief amicus curiae of the Humane Society (in support of Petitioner)
Brief for A Group of American Law Professors in Support of Neither Party (SCOTUSblog)
Brief for the Center on the Administration of Criminal Law in Support of Petitioner (SCOTUSblog)
Brief for The Northwest Animal Rights Network in Support of Petitioner (SCOTUSblog)
Brief of 26 States in Support of Petitioner
National Colation Against Censorship & the College Art Association
The Media Coalition
The Reporters Committee for Freedom of the Press
Tony Mauro Analysis
Supreme Court to consider ban on depictions of animal cruelty
Opinion - Lower Court
United States v. Stevens (3rd Cir., 2008)
United States v. Stevens (3rd Cir., 2009)
News
Adam Liptak, "Animal Cruelty Law Tests Free Speech" NYT, Janu1ry 5, 2009
AP, "High court to review law barring sale of animal-cruelty videos" (04/20/09)
Other
"Court to rule on First Amendment exception" (4/20/09, SCOTUSblog)
"United States v. Stevens -- Protecting Animals no Justification for First Amendment Amputation"
Adam Schulman, "Animal-cruelty videos & free speech: some observations from data" (07/09/09)
Eugene Volokh, "Third Circuit Rejects Proposed New Depiction of Animal Cruelty First Amendment Exception"
Federal statute: 18 U.S.C. § 48
Illinois anti-animal cruelty video law: 510 Ill. Comp. Stat §70/3.03-1
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