Guardians of Grail

cheapbag214s · Posted: Tue 19:25, 27 Aug 2013 Post subject: On animal cruelty and free speech

On animal cruelty and free speech,[link widoczny dla zalogowanych]
Sometimes, though rarely, a ruling is so startling and jarring that Congress is moved swiftly to counter it.
That may,[link widoczny dla zalogowanych], and certainly should, be the response to the court's decision declaring unconstitutional a 1999 federal law against creation and distribution of material depicting acts of animal cruelty.
By an unusual and rather remarkable 8-1 vote,[link widoczny dla zalogowanych], with Justice Samuel Alito, a member of the conservative bloc,[link widoczny dla zalogowanych], the only dissenter, the Court held that the law was so broad that it violated the free speech protection under the First Amendment.
It was the second time in recent months that the Court had cited free speech rights to reject federal law,[link widoczny dla zalogowanych].
Earlier it had thrown out the McCain-Feingold campaign finance limits on corporate and union contributions on the same general grounds,[link widoczny dla zalogowanych], but in that case in a liberal-conservative split vote.
In this second case,[link widoczny dla zalogowanych], the eight assenting justices brushed aside the blatantly cruel depictions of pit-bull fighting by a Virginia documentary-maker named who sold such videos to undercover agents and was sentenced to three years in prison.
The law originally was aimed at makers and distributors of so-called "crush videos," showing women in stiletto-heeled shoes stomping on cats, mice and other small animals and rodents,[link widoczny dla zalogowanych], maiming or killing them, or burning them with lit cigarettes.
Roberts in oral argument suggested hypothetically, and ludicrously, that such videos could be used as political statements.
"How can you tell these weren't political videos trying to fight animal cruelty,[link widoczny dla zalogowanych]?" he asked,[link widoczny dla zalogowanych].
Alito countered with obvious sarcasm: "What about people who like to see human sacrifice,[link widoczny dla zalogowanych]?" He said the court's decision could well result in a flood of new crush videos with the practical effect of legalizing their sale,[link widoczny dla zalogowanych].
A lawyer for Stevens argued that there were other ways under the Constitution to deal with unwanted animal cruelty. It is a view joined by the and a range of major American newspapers,[link widoczny dla zalogowanych].
Acting on the decision, Republican Rep. of California announced at once that he was introducing legislation focused directly and narrowly against creation and depiction of crush videos,[link widoczny dla zalogowanych], and other congressmen of both parties indicated they would join the effort.
,[link widoczny dla zalogowanych], president of ,[link widoczny dla zalogowanych], the nation's largest animal-protection organization, criticized the court's decision as getting itself tied up in hypothetical legal argument and ignoring the practical ramifications of the case.
He noted that after Clinton signed the bill in question, the crush-video phenomenon "disappeared." In 26 states, he said attorneys general supported the campaign against animal-cruelty videos, as did the to Prevent Cruelty to Animals.
It remains to be seen now how quickly Congress,[link widoczny dla zalogowanych], which overwhelmingly passed the original law now struck down by the court,[link widoczny dla zalogowanych], will craft and vote on new legislation that again confronts such vicious and inhumane brutality toward animals of all kinds.
The same legal protection afforded victims of child pornography is warranted for them,[link widoczny dla zalogowanych], and willing legislators and their lawyers should waste no time finding the language that will satisfy the most steadfast defenders of free speech.
This is not simply a case of flag burning, which, no matter how reprehensible,[link widoczny dla zalogowanych], does not involve the inflicting of corporal punishment or the taking of lives.
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