Ten years ago Congress passed a law banning video and other depictions of animal cruelty, but the Supreme Court is likely to decide that the law is too broad and vague.
Justice Alito was the only Justice who seemed inclined to support the law. In response to a lawyer’s argument that historically depictions of animal cruelty have been under the umbrella of the First Amendment, he suggested that technology may have removed some of that protection.
Justice Alito: Well, isn’t that due to changes in technology? Before people could watch videos at home, this sort of thing would be very difficult.
Attorney Patricia Millett: This covers photographs, . . . . I’m not sure it wouldn’t cover sketch artists or a hieroglyphic, for all I know.
Justice Alito: And is there – - – in the real world is there a market for sketches of dog fights?
WaPo story here.