HOME > First Amendment Library > Case   United States v. Stevens (docket #: 08-769) (2009) Argument Date 10/06/2009 Decided 4/20/2010 Supreme Court Vote 8-1 Supreme Court Ruling First Amendment claim sustained   Issue Whether 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. Majority Opinion Roberts, C.J. Dissenting Opinion Alito, J. 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  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications 1 for All First Amendment Center history Glossary Freedom Sings™ Events Congressional Research Service reports Guest editorials The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links

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