Dogfighting Images and Robert Steven's First Amendment Rights

Robert Stevens filmed dogfights and imported Japanese dog fight videos. He sold his videos through his business, “Dogs of Velvet and Steel”.  Video titles include, “Catch Dogs and Country Living” and “Pick a Winna”, in which viewers are asked to determine which dog they think will win a fight.  He is a pit bull man and I would love to have a copy of his book, “Dogs of Velvet and Steel: Pit Bulldogs: A Manual For Owners” for review and as an addition to my library. The book is reportedly a wealth of information contributed by various dog men on how to select, condition and medically treat injured fighting dogs.  It is currently priced on Amazon.com from about $300, used to over $500 dollars, collectible.  I won't be buying a copy at those prices.  

In 2003, Mr. Stevens was sentenced to 37 months in prison for three counts of trafficking in animal cruelty under a 1999 law designed primarily to, pardon the pun, squash a plethora of sexual fetish videos that depicted women crushing small, live animals with their feet.  That law, which dealt with trafficking of images, was struck down in 2008 by a federal appeals court on grounds that it violated the First Amendment.  A few days ago, the Supreme Court agreed.  Dog lovers everywhere are outraged at the apparent injustice.  “What will they allow next? Child pornography?” some asked. 

Let me say right up front that I am against animal cruelty and organized dog fighting.  I think that dog fighting and recording or selling dogfight videos is disgusting and odious.  Creepy and bizarre sexual fetishes repulse me, too.  But, I’m a HUGE fan of the First Amendment.  The court decided that images of animal cruelty didn't fall into the areas where the government can restrict free speech: obscenity, defamation, fraud, incitement, and speech integral to criminal conduct.  

What’s interesting and unique about the First Amendment, and the broad definitions that might restrict freedom of speech, it is that it can change as our society changes - for better or worse.  The bad guy in this is not the Supreme Court (although I don't deny it can make less than stellar decisions in hindsight). The decisions of the courts are a reflection of the culture and times.

Justice William O. Douglas said that the First Amendment was designed to invite dispute, to induce a condition of unrest, to create dissatisfaction with conditions as they are, and even to stir people to anger.  Animal lovers who are dissatisfied with how our government defines animal cruelty or the things that restrict First Amendment rights, might recognize the Supreme Court’s decision as a "call to arms" to work harder to influence social, cultural and legal change. 

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