Animal Cruelty and Freedom of Speech: When Worlds Collide by Abigail Perdue,Randall Lockwood

By Abigail Perdue,Randall Lockwood

A collaboration among an lawyer and an animal safeguard recommend, this paintings makes use of the super arguable and high-profile “crush video” case, US v. Stevens, to discover how American society makes an attempt to stability the security of unfastened speech and the prevention of animal cruelty. ranging from the exact case learn of a unmarried famous ruling, the authors offer a masterful survey of vital matters dealing with society within the sector of animal welfare. The Stevens case integrated quite a few “hot subject” components attached to the function of presidency as arbiter of public morality, together with judicial attitudes to sexual deviance and dogfighting. since it is one in every of basically animal rights situations that the united states excellent courtroom has dealt with, and the single case discussing the competing pursuits of unfastened speech and animal cruelty, will probably be a major subject for dialogue in constitutional and animal legislation classes for many years to come.

The Stevens case arose from the 1st conviction less than 18 USC § forty eight (Section 48), a federal legislation enacted in 1999, which criminalized the construction, sale, and/or ownership of definite depictions of animal cruelty. the U.S. Congress meant part forty eight to finish the production and interstate trafficking of depictions of animal cruelty within which animals are abused or maybe killed for entertainment’s sake. Proponents of part forty eight envisioned that numerous advantages to either people and animals may circulate from its enforcement. competitors of the legislation argued that it was once too far-reaching and might stifle safe speech. Critics of part forty eight looked as if it would have prevailed whilst the united states ideal courtroom struck the legislations down as unconstitutionally overbroad. even if a legislations adapted to handle the preferrred Court’s issues used to be quick enacted, the unfastened speech/animal cruelty controversy is much from over.

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