Freedom of Expression?

Freedom of Expression?
By Michele Forto

On Tuesday April 20, 2010, The United States Supreme Court rules animal cruelty video law unconstitutional. United States v. Stevens, 559 U.S. 08-769 (2010) was a decision by the Supreme Court of the United States, which ruled that 18 U.S.C. § 48, a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals, was an unconstitutional abridgment of the First Amendment right to freedom of speech. (http://en.wikipedia.org/wiki/United_States_v._Stevens )

In 2004, Mr. Stevens was indicted for creating and selling three video tapes showing pit bulls engaged in dog fighting. Stevens filed a motion to dismiss the indictment, arguing that the federal statute abridged his right to freedom of speech under the First Amendment. The District Court denied his motion in November 2004. In January 2005, Stevens was convicted by a jury after a deliberation of 45 minutes.

Stevens appealed, and the Third Circuit vacated his conviction, holding that 18 U.S.C. 48 violated the First Amendment. The court stated that dog fighting, or the use of dogs to hunt hogs, may be made illegal to protect animals from cruelty. However the court ruled that the law in question, prohibiting the depiction of animal cruelty, violates the First Amendment, as it would create a new category of speech not protected by the free speech provision of the Amendment.

We, at Denver Dog Works, are utterly against any harmful cruel acts made upon any animal.

I am writing this opinion because animals’ are considered property; livestock. I believe the laws need to change and be applied to the 21st century. As a society we no longer view our pets as livestock or property. We view them as being members of our family.

Until our pets identities are redefined a person wanting to film a “crush video” has every right to do so under the First Amendment of the Constitution.

With all of the laws and governmental restrictions being placed onto us know do we really need to be told how to treat animals? Can’t we figure out on our own that if someone harms a defenseless animal that they should face criminal charges? Obviously, “crush videos” bring out the sickest of our society. Crushing kittens and puppies with stilettos’ is not a form of expression nor is it freedom of speech! It’s outright appalling.

I applaud the Justices for seeing the issues with the law presented to them and I am hopeful it will be challenged again in a way that will be upheld.

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Michele Forto is the business manager for Denver Dog Works. Michele is also the co-host of the weekly radio program, The Dog Doctor Radio Show. Michele can be reached through our website at http://www.denverdogworks.com