More info re this from today's ASPCA e-News... Further comment from me would not be helpful, I fear, esp in reference to 'frivolous cases'. Better to check the ASCPA website to see what we can do. There are also other topics on the site which are worthy of note...
http://www.aspca.org/news/tri-state/04-23-10.html#1B.
Supreme Court Nixes Crush Act as UnconstitutionalIn its Tuesday ruling on U.S. v. Stevens, the U.S. Supreme Court permanently struck down the “Crush Act,” a 1999 federal law banning the creation, sale and possession of materials depicting genuine acts of animal cruelty. In the majority opinion written by Chief Justice Roberts, the court attributed its decision to the law being both unconstitutional and overbroad.
The Crush Act was designed to stop the commerce of crush videos and other depictions of illegal acts of animal cruelty “in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed.” The act depicted did not have to be illegal where it was filmed, only where the resulting product was sold. Stevens, who marketed videos of dog and hog-dog fighting—some of which he filmed overseas—was the first person convicted under the Crush Act.
In addition to violating free speech rights, the Court asserted that, due to its overbroad language, the Crush Act could be used to prosecute frivolous cases. An example it cited was the sale of hunting videos: hunting is illegal in Washington, D.C., so under the Crush Act, someone selling a hunting video in D.C. would be breaking the law, even if the video was filmed in a state where hunting is legal. When he signed the bill into law, President Clinton recognized this potentially sticky issue and requested the Justice Department to limit prosecutions to “wanton cruelty to animals designed to appeal to a prurient interest in sex.” However, in the opinion of the Court, “We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly.”
Although this verdict is disappointing, there is good news on the horizon. The Supreme Court left the door wide open for new, more narrowly drafted legislation to specifically target crush and animal fighting videos—and there is already interest on Capitol Hill in getting such legislation passed. The ASPCA will gladly work with Congress to draft new language that can withstand tests of constitutionality to provide law enforcement with the tools to effectively combat extreme animal abuse.
Action Tip: To help enact state and national laws that protect animals from abuse, join our online Advocacy Brigade. It’s free and lets you take action for animals right from your computer!
Show Posts
bguitar
(I've always wanted to use that smiley!)
