United States v. Stevens

Media Items
Advocates
Neal K. Katyal (Deputy Solicitor General, Department of Justice, argued the cause for the petitioner)
Patricia A. Millett (argued the cause for the respondent)
Case Basics
Docket No.: 
08-769
Petitioner: 
United States
Respondent: 
Robert J. Stevens
Location No location information present.

Cite this page
The Oyez Project, United States v. Stevens U.S. ___
available at: (http://oyez.org/cases/2000-2009/2009/2009_08_769)
Facts of the Case: 

Robert Stevens was convicted under 18 U.S.C. Section 48 in a Pennsylvania federal district court for "knowingly selling depictions of animal cruelty with the intention of placing those depictions in interstate commerce for commercial gain." His conviction stems from an investigation into the selling of videos related to illegal dog fighting. Mr. Stevens appealed his conviction arguing that 18 U.S.C. Section 48, on its face, was unconstitutional because it violated the Free Speech Clause of the First Amendment

The U.S. Court of Appeals for the Third Circuit agreed with Mr. Stevens and reversed his conviction, holding unconstitutional 18 U.S.C. Section 48. The court reasoned that the dog fighting videos he sold were protected speech and that 18 U.S.C. Section 48 did not serve a compelling governmental interest.

Question: 

Is 18 U.S.C. Section 48, on its face, unconstitutional under the Free Speech Clause of the First Amendment?

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