October 6, 2009

NEW YORK -- In what promises to be a landmark case, the Supreme Court began hearing arguments, today, challenging the constitutionality of a law that makes it illegal to traffic in depictions of animal cruelty.

The case, involving a producer of films on pit bulls engaged in illegal fighting, has the rapt attention of both animal lovers and lovers of free speech nationwide.

The Supreme Court has not considered a challenge of this kind to the First Amendment -- which protects free speech in this country -- in more than 25 years. At that time, the court declared depictions of children engaged in pornographic acts to be outside of the protective umbrella of Free Speech.

Ardent defenders of Free Speech maintain that if images of animal cruelty images are deemed to be as vile as child pornography and obscenity, the federal government would be able to ban images of any illegal or offensive behavior.

The U.S. Court of Appeals for the 3rd Circuit in Philadelphia has already struck down the law criminalizing videos of animal cruelty. Now, more than half the states in the country have filed "friends of the court" briefs with the federal government to uphold the law and the conviction of the first man to be sentenced under that law, Robert J. Stevens. Though convicted in 2005, the Virginian has not served any of his sentence.

There are arguments on both sides of the fence. U.S. Rep. Elton Gallegly, (R.), who first introduced the bill which later was signed into law by Pres. Clinton in 1999, claims that incidents of animal abuse have declined with the reduction of videos and other images of animal cruelty.

But Stevens' lawyer has argued that there is a redemptive aspect to pictures and documentaries which portray cruelty to animals. She argues that videos depicting the clubbing of baby seals, for instance, have spurred animals lovers to action and to help pass the laws that have ultimately protected them.

She also maintains her client's videos of dog-abuse did not rise to the level of vileness of child pornography.

With the Supreme Court still deliberating this case, Zootoo Pet News wants to know how you feel about the issue. Take the Zootoo Pet News poll above to share your opinion.

Gabrielle Jonas is a Zootoo Pet News staff writer and can be reached at gjonas@zootoo.com.