Cover

pdf iconDownload PDF
 

Title

pdf iconDownload PDF

pp. i-iv

Table of Contents

pdf iconDownload PDF

pp. v-vi

read more

Foreword

pdf iconDownload PDF

pp. vii-viii

Companion animals are very much part of our American self-image and personality; more than sixty percent of all households in the United States have a pet—more than forty percent have more than one. It is common to hear people refer sincerely to their pets as...

read more

Acknowledgments

pdf iconDownload PDF

pp. ix-x

I first met Dr. Lockwood in the spring of 2009 when I was asked to work on a unique pro bono project—helping to draft an amicus brief in United States v. Stevens in support of the Government on behalf of the American Society for the Prevention of Cruelty to Animals. It was during my work on that project...

read more

Introduction

pdf iconDownload PDF

pp. 1-4

The movie begins. Hypnotic music plays eerily in the background. A woman saunters out of the shadows carrying a puppy by the scruff of its neck. Her face and upper body are obscured, so the viewer’s eyes are drawn down her body to her spiked heels. The puppy begins to whimper and squirm as the actress tapes...

read more

Chapter 1 - Cruelty Unspoken: Law and Policy Regarding Animals and Sexual Deviance

pdf iconDownload PDF

pp. 5-10

Stevens grew out of efforts to restrict a form of human-animal sexual interaction that the public found particularly disturbing—namely the production of “crush videos” catering to a previously little known fetish. This concern did not arise in a vacuum. Effects to enact and enforce legislation related to interspecies...

read more

Chapter 2 - Dogfighting in America: A Historical and Sociolegal Perspective

pdf iconDownload PDF

pp. 11-16

Throughout the decade preceding the enactment of Section 48, while many humane investigators were focused on animal sexual assault and the connections between animal cruelty and interpersonal violence, others turned their attention to the “blood sports” of dogfighting and cockfighting. Dogfighting has presented a challenge to...

read more

Chapter 3 - Showcasing Animal Abuse: Regulating Media Depictions of Animal Cruelty

pdf iconDownload PDF

pp. 17-24

A central theme in the public policy issues surrounding Stevens is the regulation of depictions of animal abuse and neglect. What is the dividing line between bad taste, exploitation, entertainment, education, advocacy, and potentially criminal behavior? How can we prove that a depiction has serious...

read more

Chapter 4 - Freedom of Religion and Animal Sacrifice: Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah

pdf iconDownload PDF

pp. 25-50

The Church of the Lukumi Babalu Aye, Inc., (Church) is a not-for-profit corporation that was organized under the laws of the State of Florida as a place of religious worship in the seventies. In 1987, the Church acquired property in Hialeah, Florida, for the purpose of securing a place to practice...

read more

Chapter 5 - Freedom of Speech and Animal Protection: United States v. Stevens

pdf iconDownload PDF

pp. 51-66

In response to growing concerns regarding the crush video industry, Representative Elton Gallegly (R-CA) introduced the “Crush Video Bill”—H.R. 1887—on May 20, 1999, with broad bipartisan support from 52 co-sponsors. On September 30, 1999, the House of Representatives Subcommittee on...

read more

Chapter 6 - Clash of the Titans: Friends of the Court Battle over Section 48

pdf iconDownload PDF

pp. 67-108

When the Supreme Court entertains an issue as controversial and significant as animal cruelty or freedom of speech, let alone a unique case involving both, everyone wants to weigh in. It is no surprise then that numerous amicus briefs were filed in...

read more

Chapter 7 - Oral Argument: The Last Stand

pdf iconDownload PDF

pp. 109-122

When a party disagrees with the outcome of a trial court decision, the party can appeal the decision to the appellate court in an appropriate circuit. On appeal, the parties can present their cases with briefing and oral argument or “on the briefs,” in which the parties waive the right to oral argument...

read more

Chapter 8 - The Supreme Court Speaks

pdf iconDownload PDF

pp. 123-162

On April 20, 2010, the Supreme Court affirmed the decision of the Third Circuit, declaring Section 48 unconstitutional.1 Writing for the eight-member majority, Chief Justice John Roberts noted that as a content-based regulation, Section 48 is presumptively invalid, and the United States did not successfully rebut...

read more

Chapter 9 - Analyzing the Decision

pdf iconDownload PDF

pp. 163-216

The First Amendment, which states in pertinent part, “Congress shall make no law . . . abridging the freedom of speech,”1 aims to prevent governmental restrictions on what is “seen, spoken, read, or heard.”2 While it is beyond dispute that freedom of speech is an important right worth protecting, it is equally...

read more

Chapter 10 - The Aftermath of United States v. Stevens

pdf iconDownload PDF

pp. 217-226

While Stevens will have significant consequences on the battle to end animal cruelty, it neither signals the end of animal welfare legislation nor stands for the notion that preventing animal cruelty is not a compelling interest. As Chief Justice Roberts remarked, “we therefore need not and do not decide whether...

read more

Afterword - Implications for the Future

pdf iconDownload PDF

pp. 227-236

In the wake of Stevens, the Supreme Court is unlikely to categorically exclude depictions of animal cruelty, even crush videos, from First Amendment protection primarily because such speech has not historically been...

Bibliography

pdf iconDownload PDF

pp. 237-238

Index

pdf iconDownload PDF

pp. 239-245