zootoo.com
discover by
pet type

Animal Cruelty At Odds with Free Speech

Browse News

NEW YORK -- The U.S. Supreme Court announced on Monday that it is willing to revisit a case involving animal cruelty and freedom of speech.

The issue at hand is whether it is a crime to sell or own videos displaying acts of animal cruelty, or whether the content -- and the distribution of it -- is protected by the First Amendment.

In 1999, Congress made it illegal to possess photos or videos of animals being tortured and/or killed; the 3rd U.S. Circuit Courts of Appeals in Philadelphia deemed that ruling unconstitutional last year, citing the protection of free speech.

The subject at hand was Robert Stevens, a Virginia man who sold three videos of Pit Bulls fighting each other and other animals.

According to The Associated Press, the appeals court described one video as "a gruesome depiction of a Pit Bull attacking the lower jaw of a domestic farm pig."

Stevens has advertised his videos in Sporting Dog Journal, a reportedly underground publication that reports on illegal dog fights. He also sold the videos to federal agents in 2003, and was subsequently arrested. In 2005, Stevens became the first person to be convicted under the law that makes it a crime to sell dog- or other animal-fighting videos.

The Philadelphia courts declared that ruling unconstitutional, saying that the protection of free speech includes depictions of even illegal, and sometimes gruesome, acts.

Government lawyers then appealed to the Supreme Court, reportedly arguing, "Graphic depictions of torture and maiming of animals ... have little or no expressive content or redeeming societal value, and Congress has compelling reasons for prohibiting them," according to The Los Angeles Times.

Animal cruelty, the lawyers also said, has "no place in a civilized society," and those who engage in it, or profit from it, should be prosecuted.

The Supreme Court voted to hear the government's appeal, which will be argued in October in the U.S. v. Stevens case.

The law has been tempered with one exception -- child pornography -- in the past. In 1982, the Supreme Court ruled that free-speech rights do not apply to certain sexual depictions of child. Come fall, abused animals might join those ranks, as well.

The Associated Press, Reuters and The Los Angeles Times contributed to this report.



Tags


How do you like this article?

72%, 13 out of 18 users thumbed up.
Thumbs Up Thumbs Down

Discuss this topic

Comments


145 comments found.
 
kbehrendt
kbehrendt
4 months ago
Flag this | Good Point | 0 users voted.
Reply
It probably is porn, to the people buying it... why else would you be watching that? It's not exactly instructional, and certainly not a heartwarming late-night movie. It doesn't even have a plot, it's just watching things die. Must be a turn-on for someone
 
jessie
Flag this | Good Point | 0 users voted.
Reply
this is not free speech, in my eyes it's right up there with porn.
 
jackie
jackie (doogzo7)
5 months ago
Flag this | Good Point | 0 users voted.
Reply
It is illeagal to fight animals so it should be illeagal to have videos. that is horrible it serves no justice to tape such cruelity. That is not freedom of speech thats just *&%$ up
 
daryl b.
daryl b. (darylob)
5 months ago
Flag this | Good Point | 0 users voted.
Reply
i live in the Philly area and this seems preposterous to me. if it is against the law how can they say it is not illegal to have the videos. as in child porn. if it against the law to maim and torture then having items of this should be illegal
 
Katie M.
Katie M. (katielynn7)
6 months ago
Flag this | Good Point | 0 users voted.
Reply
There is no doubt that this should be illegal.
 
Mary G.
Mary G. (Norton)
6 months ago
Flag this | Good Point | 0 users voted.
Reply
The Constitution of the United States is a truly remarkable even sacred document, but our Founding Fathers did not include the First Amendment in our Bill of Rights in order to protect the right of free speech of animal abusers!
 
Renee N.
Renee N. (Trexniemann)
6 months ago
Flag this | Good Point | 0 users voted.
Reply
I agree, how is this even a question that needs to be revisited?
 
SISSI V.
SISSI V. (sissiv)
6 months ago
Flag this | Good Point | 0 users voted.
Reply
Unbelievable that this is even a question, that they could even just consider!
 
Phouka
Phouka
6 months ago
Flag this | Good Point | 1 user liked it.
Reply
And BTW.....what is wrong with these people?????

Are they gonna be the next serial killer out there. I say lock them in a trunk with a pitbull and lets see who comes out alive....and if he;s still alive shot him in the head!
 
SISSI V.
SISSI V. (sissiv)
6 months ago
Flag this | Good Point | 0 users voted.
Reply
And sell the video on the internet and donate the profits to Animal Welfare Organizations!!!! Yeahh
 
Phouka
Phouka
6 months ago
Flag this | Good Point | 0 users voted.
Reply
This is a travesty of free speech!!!! Could I sell a video of me sending him to the pigs.....like in the movie "Hannibal"?
 
Tamara
Tamara (Tamz)
7 months ago
Flag this | Good Point | 1 user liked it.
Reply
Under the logic of the people selling the videos it should also be legal to sell child porn, after all free speech right? It is crap, pure crap and those who sell or possess the videos should be charged the same as they would if it was child porn. Innocent victim unable to defend itself, it is sick. I say throw the book at these pukes and maybe make a video of them being tortured. Freedom of speech is for the press and right to peacefully assemble and put forth grievances about our government without retaliation NOT about possessing a video or selling videos of animal abuse child porn or any other sick stuff. People need to stop using freedom of speech as an excuse to break the laws. Our founding fathers would be rolling in their graves over this stupidity.
 
Carly T.
Carly T. (Carly67)
6 months ago
Flag this | Good Point | 0 users voted.
Reply
I couldn't have said it better.
 
SISSI V.
SISSI V. (sissiv)
6 months ago
Flag this | Good Point | 0 users voted.
Reply
Ditto
 
Peggy
Peggy (Peg123)
7 months ago
Flag this | Good Point | 1 user liked it.
Reply
They should keep their eyes open for whose buying these disgusting videos and follow up to see if these people are involved in cruelty to animals. They probably are if they watch this crap.
 
Kateyn2katz
Kateyn2katz
6 months ago
Flag this | Good Point | 0 users voted.
Reply
I agree. In these cases i would presume them GUILTY....just by purchasing, they might as well have done the act themself. When the market doesn't exist for these sickos, it may, just may end. Throw them all in gator infested swamps and see what happens. If they don't get eaten, then maybe they weren't really guilty...wink wink.
 
Carol
Carol (katzmeeow)
7 months ago
Flag this | Good Point | 1 user liked it.
Reply
For me, the real unsettling thought is that there is actually a market for these kinds of videos.
 
Amber
Flag this | Good Point | 1 user liked it.
Reply
if a crime of any description had to be committed in order for the video to exist, shouldn't that be grounds enough to call into question its "constitutional protection" as "freedom of expression"? if you knowingly buy stolen goods, you're guilty of a crime yourself...if you buy a tape depicting real live animal abuse, that's freedom of expression? it's sad to think our justice system can place more value on, say, a watch or a stereo than on animals.
 
Melissa
Melissa (meme4031)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I think it is just totally uncalled for, Them even considering this free speech!!! Animal abuse in any shape or form is not free speech nor in my eyes ever will be. I think giving consent to things like this is just asking for more trouble. Animals are living being just as we are and should be treated as such.
 
Jeri J.
Jeri J. (wolfie2z)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
We already know that animal abuse is just a prelude to harming children and eventual murders. How can they even consider revisiting the issue? Can't we employ some common sense to our laws? What does it take to make people understand the mere showing or promoting of these films is giving consent to this type of behavior in the minds of some people.
 
Denise L.
Flag this | Good Point | 0 users voted.
Reply
Animals are still being viewed as objects in the eyes of the law, which is absolutely disgusting. To me, animal abuse is as bad as human abuse (particularly abuse involving children-animals are innocent like kids) & for there to actually be a question about free speech involving this issue is ridiculous!
 
Brandi O.
Flag this | Good Point | 0 users voted.
Reply
that is my free speech how you like that PIGS !!!!!! not anyone on here the courts that think it is okay to hurt animals
 
Brandi O.
Flag this | Good Point | 1 user liked it.
Reply
okay so if a guy rapes me and sales the tapes he can get away with it it is the small thing they are def. animals and I would be a def. woman what the hell is the difference can someone tell me I hope that man is getting it in jail you know what I mean and they are selling the video of that then how would he feel PIGS and if the philadelphia courts think he is right they are pigs too
 
Liane M.
Liane M. (mancinilj)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
This has nothing to do with "Free Speech". The animals in these videos are real, not animated cartoon characters. They need to be protected from the cruelty of sick individuals. So the Philadelphia courts say it’s ok to torture and abuse animals in the name of "Free Speech". How sick is that? Is there something in the water over in Philly that would make supposedly intelligent, educated people make that ruling?
 
Nick & Ashlee K.
Flag this | Good Point | 0 users voted.
Reply
true true true!
 
JASMINE O.
Flag this | Good Point | 0 users voted.
Reply
You just put my thoughts into words !!!
 
Cheryle D.
Cheryle D. (1Westie)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I think animal abuse/cruelty type material should be on the same level as child pornography. Otherwise, the next step will be people filming themselves murdering or torturing another person and selling it. Put a stop to it before it gets out of hand. Free speech is one thing - criminal activity is another.
 
azzurrapl
azzurrapl
7 months ago
Flag this | Good Point | 0 users voted.
Reply
lets hope the court thinks that too. I agree with you.
 
Betty W.
Betty W. (BettyWood)
7 months ago
Flag this | Good Point | 1 user liked it.
Reply
it's explotation of the weak and innocent. No different than child pornography in that only the sick and demented enjoy it.
 
rjlupinskat
rjlupinskat
7 months ago
Flag this | Good Point | 0 users voted.
Reply
To me, the only time when such videos/film/photos should be allowed is with documentaries (ASPCA, veterinary or criminal training, news reporting, animal cops), and even then within certain guidelines. There should NOT be profit made from any of it.

 
Jennifer
Jennifer (g8ted4me)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I agree that there should not be profit made by this, but it does help for awareness also.
 
arleen z.
arleen z. (arleen14)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I agree noone should make money off the suffering of animals
 
Irineyuma
Irineyuma
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I agree with Kris R.
No one should make money of the suffering of humans or animals.
 
Mary M.
Mary M. (naturesworld)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
No one should be able to make money from animal abuse plain and simple.
 
Caly  L.
Caly L. (Caly)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
My concern is that if money can be made from these types of vidoes, it will entice those with no respect for animals to engage in this type of behavior. This is a very troubling article to read. I understand the Freedom of Speech aspect, yet what about these innocent beings? What about these pure, beautiful souls?
 
Kris
Kris (krisrep)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
So where is the line? You cannot own pictures of child pornography, nor should you be able to (or other horrible crimes as well). No one should make money off the suffering of humans or animals.
 
Kendalla
Kendalla
7 months ago
Flag this | Good Point | 0 users voted.
Reply
Is it legal to sell or own videos of people being murdered or raped? Why should it not be for animals?
 
Kelly
Kelly (nitewisp)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I agree...they shouldn't change the rules just because the victims are animals.
 
Lauren
Lauren (Lillygoat)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I was going to bring up this point as well. You can't do this for crimes against humans so it should be the same for animals and any living creature. What the lawyers said "Animal cruelty has "no place in a civilized society," and those who engage in it, or profit from it, should be prosecuted." is absolutly true.
People try to take the Freedom of Speech thing way too far. If whatever they are trying to do is outlawed every other way, the default cry is that is against Freedom of Speech. It's rediculous.
 
di
di (booboopugs)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
i would hope this will not escape through cracks in the legal jargan, and stand as it has been stated, just rotten.
 
These are "crush" videos. It is said used for a "fetish." People get off watching kittens, puppies, and other live animals be pierced with stiletto heels, stomped on. They enjoy watching and hearing the screams of the animals.

The HSUS has been working on this for awhile. All was going well until this Judge from Philadelphia overturned the ban on these films. You know, some things are just too unbelievable.

Yes, animals ARE like children. Exploited, abused, tortured, killed. Both children and animals are innocents. Vulnerable, depending on human adults... both unable to speak nor protect themselves in the hands of violent people.
 
Kelly
Kelly (nitewisp)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
That is just TOO sick! It really makes one wonder what that judge was thinking!
 
Cheryle D.
Cheryle D. (1Westie)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
We can only hope that the Supreme Court places a ban back on this type material.
 
Sanssouci
Sanssouci
7 months ago
Flag this | Good Point | 0 users voted.
Reply
People are allowed to say, "I like dog fights," if that's how they feel. That's what free speech is. But once you actually start fighting dogs, taping dog fights, or profiting from those fights in anyway it's another matter and should in no way be protected by your right to free speech. I think it should be illegal to sell videos of anyone (human or nonhuman) being killed, tortured, or raped. Only sick people would want to watch that stuff anyway, and no one should profit off someone else's misery to that extent.
 
Kris
Kris (krisrep)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
Well said.
 
Andrew
Andrew (AndrewP58102)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
Exactly right. A person can SAY whatever they like under the rights of Free Speech. It's another thing entirely to DO whatever they like.
 
Sunny13180
Sunny13180
7 months ago
Flag this | Good Point | 1 user liked it.
Reply
I love it when stupid people like this use the "Freedom of Speech" term to justify & defend to do whatever they want in this country, even if its breaking the law or justifying something horrible. This is ILLEGAL, PERIOD!
 
Kelly
Kelly (nitewisp)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I agree!
 
Susan T.
Flag this | Good Point | 2 users liked it.
Reply
This is totally stupid. This isn't free speech. Free speech is words coming out of someone's mouth. I don't hear the dogs talking that they like to video being abused to be shown to everyone. Where is the dogs rights? WTF is everyone's morals gone?
 
maria h.
maria h. (mariamoose)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
There are no morals anymore. If there were,maybe we wouldn't have so many screwed up people.
 
m s.
m s. (william123)
7 months ago
Flag this | Good Point | 1 user liked it.
Reply
The free speech defense in this case is ridiculous and insulting to decent people. These savage activities if not illegal, should be illegal -- they're unequivocally immoral. The fact that videos exist is evidence and should be used against these unconscionable criminals, who should be locked up and pay severe consequences. By no means should these idiot-criminals be allowed to profit financially from these videos/evidence -- after all, what kind of society do we want to be a part of? Investigations into these activities should be a priority, the animals should be rescued and taken away from these savage abusers. There should be a huge crackdown on these activities and anyone participating in them should be severely punished -- until they are all abolished. These thugs should come no where near animals -- ever -- they're mentally unstable and belong in a rubber room until the courts decide what is deemed fit for them. Keep them out of society until .. God knows! -- what is a certainty -- keep them away from animals forever and ever.
 
Kris
Kris (krisrep)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I totally agree with you.
 
Stephanie N.
Flag this | Good Point | 0 users voted.
Reply
This should absolutely be outlawed!
 
Susan R.
Susan R. (Welela)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
This is just sick that these people would even have the chance to say that their rights are being violated. This world is really crazy and I don't know if it will ever change.
 
Cindy C.
Flag this | Good Point | 0 users voted.
Reply
That is repulsive!
 
Angieloveschihuahuas
Angieloveschihuahuas
7 months ago
Flag this | Good Point | 0 users voted.
Reply
Are you kdding me? What is wrong with these people that say it's safe under free speech? Would they protect that same person if this jerk videotaped a woman or kid getting maimed? I think they have been taking their crazy pills! This is one step from ruling it's ok to videotaping kids beating each other up and selling it for profit!
 
Kim B.
Kim B. (KimMB)
7 months ago
Flag this | Good Point | 2 users liked it.
Reply
These videos are not free speech. They are videos of a crime. The buyer, seller, maker of the video, those people whose dogs and other animals are in these videos and anyone connected with the production of these videos should all be prosecuted. I hope the Supreme Court decides in the favor of the animals. I wish it would hear the case sooner than October.
 
Kris
Kris (krisrep)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I agree. Let's hope this decision gets reversed. It makes absolutely no sense to protect these videotapes under free speech.
 
Marleydog
Marleydog
7 months ago
Flag this | Good Point | 1 user liked it.
Reply
What is up with animal cruelty sickos who think they deserve protection???? What they deserve is to be locked away, and whatever happens to them in prison, oh well...... There is no value (artistic or otherwise) in cruelty!
 
Evelync
Evelync
7 months ago
Flag this | Good Point | 0 users voted.
Reply
Something needs to be done to protect the animals
 
Jean C.
Jean C. (barseyboy)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
People who choose to watch this trash are the ones most likely to offend. They "get off" on seeing horrible unspeakable violence. We sure don't need any more of THAT in our society.
 
dawn
Flag this | Good Point | 0 users voted.
Reply
that is certainty the truth
 
Kelly
Kelly (nitewisp)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
How true! How long can they watch that sort of thing before watching isn't enough & they have to act?
 
Stacy H.
Stacy H. (bingo8)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
What is wrong with the Supreme Court? This is a no brainer.
 
MsLKA
MsLKA
7 months ago
Flag this | Good Point | 1 user liked it.
Reply
Like children and pornography, animals are not in a position to make a decision or choice. We are the animals voice. What voice are we shouting if we rule selling photos and videos of animals being tortured unconstitutional and in violation of the freedom of speech? One has to wonder about the mental state of the person who wants the pictures and the one who sales them and the one who made them to start with. Because people will continue to use the freedom of speech as a loop hole, animals should be given the same protection that children are in regards to pornography.
 
Kelly
Kelly (nitewisp)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
Well said. If we don't stand up & speak for animals, no one will. They aren't property!
 
daryl b.
daryl b. (darylob)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
does free speech include owning or selling or makeing of child porn. if they make this illegal the so should these dog videos be made so. so we have the legal right to make anything we want for money when it includes illegal acts. i am ahsamed of philadelphia
 
azzurrapl
azzurrapl
7 months ago
Flag this | Good Point | 0 users voted.
Reply
I am ashamed at the Philadelphia court also - isn't there a new book out dealing with animal rights issues in PA? I think we just read that the book will be on the market - it will be interesting to see if anything the book has in it - went into this decision? Lets pray the Supreme Court sides with all pet lovers who take care of their pets humanely. I might try and get the book to read it? even if it disgusts me - you have to know what the other side is thinking and what their argument will be to win the case.
 
Cate A.
Cate A. (csa356)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
Gross. I am so disgusted by people.
 
azzurrapl
azzurrapl
7 months ago
Flag this | Good Point | 0 users voted.
Reply
Lets look at this in a better light......We all want animal abusers in jail and we want their publications out of print and off the internet.....SO, I am proud that the government lawyers appealed to the Supreme Court over the 3rd circuit courts ruling..... This is too important a decision for our pets to allow a 3 judge panel to make such a ruling.... perhaps those judges wanted this to go all the way up? I am only speculating though - because when the Supreme Court overturns their ruling - their statistics go down. I would like to know which lawyers are appealing the case - so we can give them moral support......... Let's hope that the justices side with us and our pets.
 
Lourie H.
Lourie H. (LourieH)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
Freedom of speech? That is ridiculous. Animal cruelty is against the law and selling videos or photos of it needs to be also.
 
Becky F.
Becky F. (lbfarley)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
People should not be able to profit from the purposeful suffering of anyone, or any animal. It is absurd to think that it is in anyway OK. It is illegal to do things and should be treated in such a manner.
 
daryl b.
daryl b. (darylob)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
i agree with you
 
Robyn
Robyn (robyn101)
7 months ago
Flag this | Good Point | 0 users voted.
Reply
This can't be far underground (Sporting Dog Journal) I looked it up online and over 6000 (*^&%$^&$ *^&%$#^#&*) subscribe to it. If it was stopped there would be no question of freedom of speech to question.
Zootoo pet news videos
Giving Thanks With Our Furry Friends

Giving Thanks With Our Furry Friends

Although, many countries world wide celebrate after a fruitful harvest season, in America, Thanksgiving is more than a feast. It is being in the compa…

A Voice for The Animals

A Voice for The Animals

If you are interested in donating to North Shore Animal League visit NSALAmerica.org.

A Diamond in The Valley

A Diamond in The Valley

"The Valley" has always been known for top of the line shopping, spas, and more... But now, you can share the best of the best with your pet.

New Developments in Pet Cancer Treatment

New Developments in Pet Cancer Treatment

Animal Cancer Foundation founder, Dr. Gerald S. Post, informs K9 in the City on the new breakthroughs in animal cancer treatment. There are more effec…

Fashion For all Dog Kind

Fashion For all Dog Kind

You may not dress your dog up every time you leave your house or perhaps you and "Tinker Bell" enjoy wearing the latest fashions together. Regardless,…

The Softer Side of Howard Stern

The Softer Side of Howard Stern

With the capacity to shelter 300 animals at any given time, North Shore Animal League is known to be the “largest no-kill animal rescue” in Americ…

Is Animal Cancer Treatable?

Is Animal Cancer Treatable?

In Brooklyn, Dr. Post, a veterinary oncologist explains that animal cancer is treatable but since cancer is the most common cause for death in older …

Some Run for The Gold; He Runs for The Goal

Some Run for The Gold; He Runs for The Goal

You may remember the New York City Marathon runner, Brayden Mathews, who ran to raise money for United Action for Animals, a long time promoter of the…

True Blue Yankees Fans

True Blue Yankees Fans

The New York Yankees celebrated their 27th victory in the MLB World Series. Devoted fans gathered in Manhattan's financial district on November 6th,…

A Whole Art Gallery, Gone to the Dogs?

A Whole Art Gallery, Gone to the Dogs?

Have you ever wondered what the world looked like to a dog? Well what if "Spot" could draw a picture for you? In New York's neighborhood of Chelsea, t…


View all

News Archive