(Thumbnail image: Care2)

By an 8-to-1 ruling, the U.S. Supreme Court has struck down a law meant to crack down on videos depicting animal cruelty. The High Court says the law was potentially dangerous to free speech.

NBC Nightly News' Brian Williams explains how the case made it to the hands of the Supreme Court justices.

"A Virginia man sold videos of pitbulls in violent dogfights. They were made overseas he said, where dogfighting is legal. He was arrested and sentenced to three years in prison under a federal law that banned depictions of animal cruelty. But by a vote of 8-to-1 the Supreme Court struck down that law saying it was so broad it violated the Constitution's guarantee of free expression."

The Straits Times says the law failed to pass the tough test most First Amendment cases must pass.


"The justices said the depiction of animal cruelty failed to fall into one of the 'few limited areas' where free speech can be curtailed by the government, including 'obscenity, defamation, fraud, incitement, (and) speech integral to criminal conduct.'"


While free speech advocates hailed the ruling, analysts overseas like BBC's Mark Mardell reported it this way.


"Hear that dog yelping in agony? That's a cry of freedom! So the U.S. Supreme Court has decided, ruling that a law aimed at banning videos of animal cruelty is an infringement of the First Amendment, freedom of speech.  Have they got the balance right here?"


Chief Justice John Roberts himself wrote the majority opinion. Justice Sam Alito being the lone dissenter.

On PBS Newshour, Marsha Coyle of the National Law Journal explains the reasoning behind the High Court's verdict.

"He rejected the govenrment's argument that the courts should create a new category of unprotected speech. ... He said there was a long tradition in American law of prohibiting animal cruelty, but there was not a long tradition prohibiting depictions of animal cruelty. And he rejected the government's test for whether this was protected by the First Amendment. He said its test, which would require the courts to balance the value of the speech versus the cost to society, was free-floating and dangerous."


While PETA said it is disappointed in the ruling, it notes Congress is already working on a more narrow law it expects to pass legal muster.


"And lest anyone out there who takes pleasure in others' pain is rejoicing, please take note: Abusing animals or inciting others to do so is still illegal and will result in jail time."

So what do you think?  Was this a victory for free speech?  Or a defeat for animal rights?

Politics News

Supreme Court Strikes Down Animal Cruelty Law

April 21, 2010
(2:38)
The U.S. Supreme Court has ruled that a law which makes it illegal to sell videos of animals being tortured, violates the right to free speech.
   
TRANSCRIPT

To leave a comment, please log in with Facebook Connect or your Newsy account. Register here to create one.
MOST RECENT|MOST POPULAR|MOST COMMENTED|HIGHEST RATED

Syrian Conflict at Possible 'Turning Point'
U.N. observers verify attacks for first time.
(1:39)
May 27, 2012
Top News Headlines: Afghan Officials: Airstrike Kills Family
More headlines: Four NATO troops killed in roadside bomb attacks; Syrian rebels call for Houla retaliation; rebel groups in Mali join forces.
(1:25)
May 27, 2012
PayPal Extends In-Store Purchasing
PayPal teams up with 15 new retail stores providing users with a new way to shop.
(1:48)
May 27, 2012
Knicks Hire Woodson as Head Coach
The New York Knicks removed the interim tag from now-head coach Mike Woodson. Woodson signed for what is believed to be a three-year deal as coach.
(1:46)
May 27, 2012
Internet Defense League Will Use Cat Signal to Protect Web
The group hopes to build a network that can be summoned to fight internet legislation like SOPA.
(1:48)
May 27, 2012
NASA Warns Lunar Explorers Not to Touch its Stuff
The space agency declared the area around its moon artifacts to be protected zones, asking other explorers to keep away.
(1:49)
May 27, 2012
Controversy Over Erotic Best Seller ‘50 Shades of Grey’
Libraries struggle whether to ban the book, which they say qualifies as erotica but is also one of the most checked-out books.
(2:23)
May 27, 2012
Pope's Butler Arrested Over Leaked Vatican Documents
The Pope's butler is accused of leaking confidential Vatican files to Italian media.
(1:35)
May 26, 2012
Alternate Juror Flirts with John Edwards
A female juror has been outwardly flirting with John Edwards during his trial - and Edwards has actually been responding.
(1:17)
May 26, 2012
Top News Headlines: Obama to Honor Vets on Memorial Day
More headlines: Memorial Day gas prices lower, yet still high; Experts suspicious of Iran's nuke program; Southeast braces for Beryl.
(1:25)
May 26, 2012
49ers' QB Smith Criticized for Cam Newton Comments
Smith downplayed the Panther's QB's accomplishments last year, which wasn't too popular with Newton's teammates.
(2:04)
May 26, 2012
Syrian Crisis Continues with Massacre in Houla
An attack on the Syrian town of Houla killed at least 90 people on Saturday, including around 25 children.
(1:28)
May 26, 2012
New York School Cancels Prom Condom Giveaway
A high school in New York planned to give out 500 condoms at prom to promote safe sex, but the principal changed his mind.
(1:55)
May 26, 2012
10-year-old Regains Hearing with Cochlear Implant
The implant works like a traditional hearing aid, but with higher auditory success.
(1:49)
May 26, 2012

Newsy

www3
...