April 27, 2010
On April 20, 2010, the Supreme Court announced its decision in United States v. Stevens. The question in this case was whether 18 U.S.C. 48, which prohibits the commercial creation, sale, or possession of certain depictions of animal cruelty, violates the freedom of speech clause of the First Amendment.
In an 8-1 decision delivered by Chief Justice Roberts, the Court held that Section 48 is substantially overbroad, and therefore invalid under the First Amendment. Justice Alito filed a dissenting opinion.
To discuss the case, we have Winston & Strawn litigation attorney Jacob R. Loshin. Mr. Loshin was on an amicus brief in support of the respondent for the case.