Supreme Court says fetish videos depicting animal cruelty deserve free speech protections

April 21st, 2010 by

WASHINGTON – The Supreme Court ruled Tuesday that even videos that depict wanton animal cruelty deserve free-speech protections under the First Amendment.

In an 8-1 decision that united the court’s liberal and conservative wings, the justices struck down a law that was enacted in response to so-called crush videos, supposedly designed to satisfy bizarre sexual cravings. The court said the law, however well-intentioned, went too far.

“Maybe there are some categories of speech that have been historically unprotected,” Chief Justice John Roberts wrote for the majority, “but if so, there is no evidence that depictions of animal cruelty is among them.”

The ruling means that animal cruelty won’t be added to obscenity, fraud and the handful of other categories of constitutionally unprotected speech.

“The majority opinion shows that the current court, although frequently described as politically conservative, continues to take free-speech protections seriously,” said lawyer Andy Tauber, who filed an amicus brief in the case.

Roberts, quoting in part from a congressional report, explained that crush videos often show women “slowly crushing animals to death ‘with their bare feet or while wearing high-heeled shoes,’ sometimes while ‘talking to the animals in a kind of dominatrix patter’ over ‘the cries and squeals of the animals.’ ”

Solicitor General Elena Kagan had asked the justices to balance the value of the speech against its societal cost. But Roberts rejected that notion as “startling and dangerous.”

“The First Amendment’s guarantee of free speech does not extend only to categories of speech that survive an ad hoc balancing of relative social costs and benefits,” he wrote.

Justice Samuel Alito was the sole dissenter.

Wayne Pacelle, president of the Humane Society of the U.S., said Congress should pass a narrower law quickly “to make sure the First Amendment is not used as a shield for those committing barbaric acts of cruelty and then peddling their videos on the Internet.”

2 Responses

  1. kickass

    WTF! Seriously! This shit is so disturbing to me it makes me cry. Why can’t we cut the law bs and stop animal cruelty such as this. Next we should allow child molestation on videos b/c it’s free speech….Some people need to be told to shut the F**k up about protecting evil such as this. So raping and crushing poor animals is okay because it’s fetish. Death & Rape is a terrible fetish to embrace. I really hope these freaks get raped in jail or have there genitals crushed in a video…now that’s something to watch.

  2. help us

    Bubba please help in anyway bring some kind of fight to end or ban these so called “Crush Videos”. If you saw a glimpse of what they were doing in the video with ciggerates and shoes you’d be pissed too. I’m sure you are at the fact that they argue it’s freedom of speech. I love animals, not a peta guy by the way, and think this is pretty much close to snuff videos and child porn. Why these supreme court faggets don’t ban this shit or go after the creators is just evidence that these old farts have no heart. I know you and your crew are busy men so I only want to shine the light on this problem of animal cruelity. Maybe send one of these sick videos to one of the supreme court fags and make them see how messed up it is.

    Thanks for reading,

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