United States v. Stevens - Wikipedia

United States v. Stevens
Argued October 6, 2009
Decided April 20, 2010
Full case nameUnited States v. Robert J. Stevens
Docket no.08-769
Case history
PriorMotion to dismiss denied, No. 2:04-cr-00051-ANB (W.D. Pa. Nov. 10, 2004); defendant convicted; vacated, 533 F.3d 218 (3d Cir. 2008); cert. granted, 556 U.S. 1181 (2010).
Depictions of animal cruelty are not categorically unprotected by the First Amendment.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Case opinions
MajorityRoberts, joined by Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor
Laws applied
U.S. Const. amend. I; 18 U.S.C. § 48

United States v. Stevens, 559 U.S. 460 (2010), was a decision by the Supreme Court of the United States, which ruled that 18 U.S.C. § 48,[1] 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.

After this ruling, the statute was revised by the Animal Crush Video Prohibition Act of 2010 to have much more specific language indicating it was intended only to apply to "crush videos."


Robert J. Stevens, an author and small-time film producer who presented himself as an authority on pit bulls, compiled and sold videotapes showing dogfights. Though he did not participate in the dogfights, he received a 37-month sentence under a 1999 federal law that banned trafficking in "depictions of animal cruelty."[2]

District Court[edit]

Public Law No: 106-152 was a federal criminal statute that prohibited the knowing creation, sale, or possession of depictions of cruelty to animals with the intention of placing the depiction in interstate or foreign commerce for commercial gain. The law had been enacted in 1999, primarily to target "crush videos," which depicted people crushing small animals to gratify a sexual fetish. It excluded from prosecution "any depiction that has serious religious, political, scientific, educational, journalistic, historical, or artistic value." The language tracked the "Miller test," used by the U.S. Supreme Court to determine whether speech could be prosecuted for obscenity or was protected by the First Amendment.

In 2004, Stevens was indicted under 18 U.S.C. § 48 for creating and selling three video tapes, two of which depicted pit bulls engaged in dog fighting. The third tape depicted a pit bull attacking a domestic pig as part of the dog being trained to catch and kill wild hog and included "a gruesome depiction of a pit bull attacking the lower jaw of a domestic farm pig."[3]

Although Stevens' criminal prosecution concerned only three tapes, he had made $20,000 in two and a half years from selling nearly 700 videos.[4] Stevens was not accused of engaging in animal cruelty himself or of shooting the original footage from which the videos were created. However, the footage in each of the videos "is accompanied by introductions, narration and commentary by Stevens, as well as accompanying literature of which Stevens is the author."[5]

Stevens filed a motion to dismiss the indictment by 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.[5] In January 2005, Stevens was convicted by a jury, after a deliberation of 45 minutes.[6]

Third Circuit[edit]

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 and 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 that is not protected by the free speech provision of the Amendment.[3]

Review by Supreme Court[edit]

The government appealed, asking that the Supreme Court overturn the appellate court ruling.[7] On April 20, 2009, the Supreme Court agreed to review the lower court's decision.[8] Oral arguments in the case were heard on October 6, 2009.[9]

Stevens' attorney, Washington, D.C., lawyer Patricia Millett, has written:

The notion that Congress can suddenly strip a broad swath of never-before-regulated speech of First Amendment protection and send its creators to federal prison, based on nothing more than an ad hoc balancing of the 'expressive value' of the speech against its 'societal costs' is entirely alien to constitutional jurisprudence and a dangerous threat to liberty.[10]

In June 2009 the Animal Legal Defense Fund filed a brief in defense of the animals' interests. The brief encouraged the Court to recognize the protection of animals as a compelling government interest and to uphold Section 48.[11]

More than a dozen media outlets joined an amicus brief in support of Stevens, including The New York Times, National Public Radio, the American Society of News Editors, the Association of Alternative Newsweeklies, Citizen Media Law Project, MediaNews Group, the National Press Photographers Association, the Newspaper Association of America, the Newspaper GuildCommunications Workers of America, Outdoor Writers Association of America, the Radio-Television News Directors Association, the Society of Environmental Journalists, and the Society of Professional Journalists.[12]


On April 20, 2010, the Supreme Court affirmed the appellate court ruling in an 8–1 decision written by Chief Justice Roberts, with Justice Alito dissenting.[13][14] The Court found that Section 48 was substantially overbroad and so was invalid under the First Amendment to the United States Constitution.[14]

Alito's dissent[edit]

Alito dissented,[14] arguing that "(t)he most relevant of our prior decisions is Ferber, 458 U. S. 747, which concerned child pornography. The Court there held that child pornography is not protected speech, and I believe that Ferber's reasoning dictates a similar conclusion here."[15]


On April 21, one day after the Supreme Court struck down the law, its original sponsor, Representative Elton Gallegly (R-CA) introduced a new bill with much more specific language, indicating it was intended only to apply to "crush videos."[16] President Barack Obama signed the bill into law on December 9, 2010.[17]

See also[edit]


  1. ^ The version of this statute the Court invalidated had entered into effect on December 9, 1999, as Pub. L. 106–152 (text) (PDF).
  2. ^ Liptak, Adam (April 20, 2010). "Supreme Court Rejects Ban on Animal Cruelty Videos". The New York Times.
  3. ^ a b Opinion of the Third Judicial Circuit on United States v. Stevens
  4. ^ Brief of the Center on the Administration of Criminal Law as Amicus Curiae in Support of Petitioner
  5. ^ a b Robert J. Stevens Appeal to the Third Circuit Court
  6. ^ Ward, Paula Reed. "Animal Cruelty Case Pushed to Top Court", Pittsburgh Post-Gazette, December 17, 2008
  7. ^ Petition for Writ of Certiorari
  8. ^ "Supreme Court Grants Review in Animal Cruelty/First Amendment Case", Daily Writ, April 20, 2009
  9. ^ Liptak, Adam. "Court Hears Free-Speech Case on Dogfight Videos", New York Times, October 6, 2009
  10. ^ Richey, Warren. "Supreme Court to decide case on animal cruelty and free speech", Christian Science Monitor. October 5, 2009
  11. ^ Brief Amicus Curiae of Animal Legal Defense Fund in Support of Petitioner
  12. ^ Brief Amicus Curiae of the Reporters Committee for Freedom of the Press and Thirteen News Media Organizations in Support of Respondent
  13. ^ Certeriorari to the United States Court of Appeals for the Third Circuit. [1]
  14. ^ a b c "Supreme court crushes law against animal cruelty videos and photos". Tribune Wire Services. Los Angeles Times. April 20, 2010. Archived from the original on November 9, 2020. Retrieved December 11, 2020.
  15. ^ United States v. Stevens, Docket No. 08-769, Alito dissent, pg.13.
  16. ^ Richard Simon (April 10, 2010). "Local congressman introduces new bill to stop the sale of animal cruelty videos". The Los Angeles Times. Archived from the original on May 5, 2020. Retrieved December 10, 2020.
  17. ^ Ruthann Robson (December 14, 2010). "Animal Porn - Criminalized by Federal Law Again". Constitutional Law Prof Blog. Archived from the original on January 8, 2018. Retrieved December 11, 2020.


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