Last year I applauded a Third Circuit decision striking down, on First Amendment grounds, a statute banning the interstate sale of depictions of cruelty to animals. As I wrote then, the Third Circuit essentially refused to recognize a new "low-value speech" carve-out for depictions of animal cruelty. Now Jonathan Turley reports that SCOTUS has accepted the case for review. Eugene Volokh has some thoughts on the very broad reach of the statute, and about the slippery-slope implications of extending the child-pornography categorical First Amendment exception to other categories.
Last 5 posts by Ken White
- Popehat Goes To The Opera: Un ballo in maschera - August 19th, 2017
- Department of Justice Uses Search Warrant To Get Data On Visitors to Anti-Trump Site - August 14th, 2017
- America At The End of All Hypotheticals - August 14th, 2017
- Lawsplainer: Why John Oliver Is Anti-Diversity Now - August 11th, 2017
- Anatomy of a Scam, Chapter 15: The Wheels, They Grind - August 10th, 2017