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Supreme Court Okays Hunting Shows

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April 21, 2010

Supreme Court Okays Hunting Shows

By Dave Hurteau

Last October, I told you that the Supreme Court was about to hear a case that would decide whether or not you get to watch your favorite hunting videos and TV shows (see previous coverage). Well, it’s decided. And you can go ahead and watch.

Yesterday, the Supreme court struck down the Dipictions of Animal Cruelty Act. Although specifically targeted at so-called "crush videos” (in which women in high heels crush small animals to death for the sexual titillation of viewers), the law’s language is extremely broad, prohibiting any trafficking in materials that depicts living animals being “intentionally maimed, mutilated, tortured, wounded, or killed”—which would technically include hunting videos and shows.

That language is too broad, says the court.

From The New York Times:
Chief Justice John G. Roberts Jr., John G. Roberts Jr., writing for the majority in the 8-to-1 decision, said that the law had created “a criminal prohibition of alarming breadth” and that the government’s aggressive defense of the law was “startling and dangerous.”
The decision left open the possibility that Congress could enact a narrower law that would pass constitutional muster. But the existing law, Chief Justice Roberts wrote, covered too much speech protected by the First Amendment.

Comments (20)

Top Rated
All Comments
from stick500 wrote 2 years 5 weeks ago

I think these kitty cat crush videos are a myth- too weird to be any sort of a problem IMHO

+1 Good Comment? | | Report
from WVOtter wrote 2 years 5 weeks ago

I fully support a bill that would eliminate videos that, as I phrased it to my wife yesterday, "display an illegal activity" such as dogfighting, these "pleasure videos", teenagers hurting pets for pleasure on utube, etc. But of course I hope the line is drawn between legal recreation such as hunting and these activities of blatently illegally activity.

+2 Good Comment? | | Report
from jamesti wrote 2 years 5 weeks ago

i guess i've never heard of these crush videos but i'm glad to hear the court was realistic on this issue. who was the one vote for the ban?

+3 Good Comment? | | Report
from jay wrote 2 years 5 weeks ago

Who was the justice that voted in favor of this bill?

+1 Good Comment? | | Report
from Bryan01 wrote 2 years 5 weeks ago

Alito was the dissenter - http://www.supremecourt.gov/opinions/09pdf/08-769.pdf

0 Good Comment? | | Report
from buckhunter wrote 2 years 5 weeks ago

8-1 is not that great of a victory if you consider it should not have made it to the Supreme Court in the first place.

0 Good Comment? | | Report
from ENO wrote 2 years 5 weeks ago

Hey WVOtter...I'm with you on that one. Funny that the greatest minds in law couldn't figure that one out.

+1 Good Comment? | | Report
from Amflyer wrote 2 years 5 weeks ago

1. The idea of "Crush videos" existing makes me want to hit someone. Hard. Gut reaction, I know, but true.

2. Hunting shows are getting too predictable and, well, boring. How many high-fives, kill-shots and whispers can we watch before it's ho-hum?

3. What would the "heavy-metal instrumental" artists do if we didn't have hunting shows. I guess they feel that's their demographic. I want a hunting show with Johnny Cash music.

+1 Good Comment? | | Report
from jscottevans wrote 2 years 5 weeks ago

It's still better than the 5-4 vote on the DC gun ban. But that just goes to show that the legislators really don't think things through. They just offered up a quick bill for something that should be obvious (the "crusher" films) but didn't stop to think what legal and beneficiary actions would be affected. It actually restores a little of my faith in the "common" asset of the supreme court. Except for Alito, but then I never really expect to much out of that dim-witted buffoon. The other liberal judges surprised me. They get a gold-star for the day.

+2 Good Comment? | | Report
from jscottevans wrote 2 years 5 weeks ago

that should read "common sense",

+1 Good Comment? | | Report
from Proverbs wrote 2 years 5 weeks ago

"Crush videos" for sexual titillation? That is disgusting.

May God have mercy on us.

+1 Good Comment? | | Report
from Beekeeper wrote 2 years 5 weeks ago

There certainly seems to be no end of the perversion out there... kind of reminds one of ancient Rome but we can't blame it on lead pipes...

Look out for more of the same as those clever animal rights folks will uncover another "small market" device and try to use it to meet their ends...

+2 Good Comment? | | Report
from seadog wrote 2 years 5 weeks ago

Oh, we still have a First Amendment??? I guess I just assumed they tossed it in the trash bin along with the Second Amendment. Dumpster diving anyone???

0 Good Comment? | | Report
from Bob81 wrote 2 years 5 weeks ago

Beekeeper,
Really? Do you need to be an "animal rights folk" to want these sorts of sick videos to be banned?

I'm glad THIS bill was struck down, but I sure hope WHOEVER was behind it gets a new one proposed that is less comprehensive.

0 Good Comment? | | Report
from Beekeeper wrote 2 years 5 weeks ago

Bob81,

Did you bother to read and digest what I wrote? My leading statement pretty much leaves no doubt as to where I stand concerning the perverts in our society. The tongue in cheek comment about the "lead pipe" excuse for Roman depravity amoung other things they were fond of is a reflection that the depravity in our society arises from other root causes... Or, do you not understand history?

My second had nothing to do with supporting the animal rights movement, which I do not! It was simply a statement concering the clever tactics which these people utilize to try to develop and forge all encompassing laws that meet their agenda.

I would assume the viewing public for such "crush videos" would be fairly small but still large enough to create a market. I'm from a small town... such smut might be all the rage out side of fly over country, I wouldn't know.

They obviously don't endorse crush videos either but they are clever enough to take something that is repugnant to you and I and use it as a vehicle to further their agenda. We all think it is a moral victory until we read the law that results or is proposed for such and find it will eliminate something we care about...

The high court did nothing but declare the law to have far to broad a base and encompass much too large a field. They did absolutely nothing to preserve the rights we have to watch hunting videos. Judge Robert's told them to go back a try again, only this time use a butterfly net instead of a minnow sein!

+1 Good Comment? | | Report
from huntnfishnut wrote 2 years 5 weeks ago

I really amazed me to read the uproar in the headlines and comments of people on posts. People were completely unable to see past the legal aspect of the law and focused only on the "poor animal" side. I agree there needs to be a ban on the videos as they intended, but as stated many times, it needs more defined verbiage at the same time.
.
Anyone else find it ironic that ABC World News showed clips of dogfighting while reporting on it?

+1 Good Comment? | | Report
from Bob81 wrote 2 years 5 weeks ago

Beekeeper,
I took your second statement to mean that this bill was really just a ploy by animal-rights groups to attack hunting rights. My sincere apologies if I misunderstood.

+1 Good Comment? | | Report
from Sarge01 wrote 2 years 5 weeks ago

I guess here in the hills in my golden years I must be leading a sheltered life. I had never heard of the videos they were talking about. I still don't understand what sexual thrill anyone could derive from what they were describing but then again I have been sheltered. I only watch FOX news but I must have missed it on there. From what the judge said he told the people to go back and get more info and bring it back to the court again. That dosen't sound like too much of a victory.

+1 Good Comment? | | Report
from Mike Plotner wrote 2 years 4 weeks ago

good then i whuold have some illeagel thing coyote hutnig deer hunting and bow advertisments shows my mom cant understand how i can wacth hours of those!

0 Good Comment? | | Report
from bluecollarkid wrote 2 years 4 weeks ago

jscottevans,

Have you read Alito's dissent? If not, you're just as bad as our President who doesn't even bother to get the facts or the law right when deriding Justices for their decisions. Although I disagree with Alito, he made a principled argument in favor of the law. Please do not bash Justices based on knee-jerk media reports and scant legal understanding.

This case was heard under a first-amendment context and while the law was truly overbroad and, thus, unconstitutional, reasonable legal minds differ on the jurisprudence - both its current application and the previous expansions by earlier justices.

0 Good Comment? | | Report

Post a Comment

from jamesti wrote 2 years 5 weeks ago

i guess i've never heard of these crush videos but i'm glad to hear the court was realistic on this issue. who was the one vote for the ban?

+3 Good Comment? | | Report
from WVOtter wrote 2 years 5 weeks ago

I fully support a bill that would eliminate videos that, as I phrased it to my wife yesterday, "display an illegal activity" such as dogfighting, these "pleasure videos", teenagers hurting pets for pleasure on utube, etc. But of course I hope the line is drawn between legal recreation such as hunting and these activities of blatently illegally activity.

+2 Good Comment? | | Report
from jscottevans wrote 2 years 5 weeks ago

It's still better than the 5-4 vote on the DC gun ban. But that just goes to show that the legislators really don't think things through. They just offered up a quick bill for something that should be obvious (the "crusher" films) but didn't stop to think what legal and beneficiary actions would be affected. It actually restores a little of my faith in the "common" asset of the supreme court. Except for Alito, but then I never really expect to much out of that dim-witted buffoon. The other liberal judges surprised me. They get a gold-star for the day.

+2 Good Comment? | | Report
from Beekeeper wrote 2 years 5 weeks ago

There certainly seems to be no end of the perversion out there... kind of reminds one of ancient Rome but we can't blame it on lead pipes...

Look out for more of the same as those clever animal rights folks will uncover another "small market" device and try to use it to meet their ends...

+2 Good Comment? | | Report
from stick500 wrote 2 years 5 weeks ago

I think these kitty cat crush videos are a myth- too weird to be any sort of a problem IMHO

+1 Good Comment? | | Report
from jay wrote 2 years 5 weeks ago

Who was the justice that voted in favor of this bill?

+1 Good Comment? | | Report
from ENO wrote 2 years 5 weeks ago

Hey WVOtter...I'm with you on that one. Funny that the greatest minds in law couldn't figure that one out.

+1 Good Comment? | | Report
from Amflyer wrote 2 years 5 weeks ago

1. The idea of "Crush videos" existing makes me want to hit someone. Hard. Gut reaction, I know, but true.

2. Hunting shows are getting too predictable and, well, boring. How many high-fives, kill-shots and whispers can we watch before it's ho-hum?

3. What would the "heavy-metal instrumental" artists do if we didn't have hunting shows. I guess they feel that's their demographic. I want a hunting show with Johnny Cash music.

+1 Good Comment? | | Report
from jscottevans wrote 2 years 5 weeks ago

that should read "common sense",

+1 Good Comment? | | Report
from Proverbs wrote 2 years 5 weeks ago

"Crush videos" for sexual titillation? That is disgusting.

May God have mercy on us.

+1 Good Comment? | | Report
from Beekeeper wrote 2 years 5 weeks ago

Bob81,

Did you bother to read and digest what I wrote? My leading statement pretty much leaves no doubt as to where I stand concerning the perverts in our society. The tongue in cheek comment about the "lead pipe" excuse for Roman depravity amoung other things they were fond of is a reflection that the depravity in our society arises from other root causes... Or, do you not understand history?

My second had nothing to do with supporting the animal rights movement, which I do not! It was simply a statement concering the clever tactics which these people utilize to try to develop and forge all encompassing laws that meet their agenda.

I would assume the viewing public for such "crush videos" would be fairly small but still large enough to create a market. I'm from a small town... such smut might be all the rage out side of fly over country, I wouldn't know.

They obviously don't endorse crush videos either but they are clever enough to take something that is repugnant to you and I and use it as a vehicle to further their agenda. We all think it is a moral victory until we read the law that results or is proposed for such and find it will eliminate something we care about...

The high court did nothing but declare the law to have far to broad a base and encompass much too large a field. They did absolutely nothing to preserve the rights we have to watch hunting videos. Judge Robert's told them to go back a try again, only this time use a butterfly net instead of a minnow sein!

+1 Good Comment? | | Report
from huntnfishnut wrote 2 years 5 weeks ago

I really amazed me to read the uproar in the headlines and comments of people on posts. People were completely unable to see past the legal aspect of the law and focused only on the "poor animal" side. I agree there needs to be a ban on the videos as they intended, but as stated many times, it needs more defined verbiage at the same time.
.
Anyone else find it ironic that ABC World News showed clips of dogfighting while reporting on it?

+1 Good Comment? | | Report
from Bob81 wrote 2 years 5 weeks ago

Beekeeper,
I took your second statement to mean that this bill was really just a ploy by animal-rights groups to attack hunting rights. My sincere apologies if I misunderstood.

+1 Good Comment? | | Report
from Sarge01 wrote 2 years 5 weeks ago

I guess here in the hills in my golden years I must be leading a sheltered life. I had never heard of the videos they were talking about. I still don't understand what sexual thrill anyone could derive from what they were describing but then again I have been sheltered. I only watch FOX news but I must have missed it on there. From what the judge said he told the people to go back and get more info and bring it back to the court again. That dosen't sound like too much of a victory.

+1 Good Comment? | | Report
from Bryan01 wrote 2 years 5 weeks ago

Alito was the dissenter - http://www.supremecourt.gov/opinions/09pdf/08-769.pdf

0 Good Comment? | | Report
from buckhunter wrote 2 years 5 weeks ago

8-1 is not that great of a victory if you consider it should not have made it to the Supreme Court in the first place.

0 Good Comment? | | Report
from seadog wrote 2 years 5 weeks ago

Oh, we still have a First Amendment??? I guess I just assumed they tossed it in the trash bin along with the Second Amendment. Dumpster diving anyone???

0 Good Comment? | | Report
from Bob81 wrote 2 years 5 weeks ago

Beekeeper,
Really? Do you need to be an "animal rights folk" to want these sorts of sick videos to be banned?

I'm glad THIS bill was struck down, but I sure hope WHOEVER was behind it gets a new one proposed that is less comprehensive.

0 Good Comment? | | Report
from Mike Plotner wrote 2 years 4 weeks ago

good then i whuold have some illeagel thing coyote hutnig deer hunting and bow advertisments shows my mom cant understand how i can wacth hours of those!

0 Good Comment? | | Report
from bluecollarkid wrote 2 years 4 weeks ago

jscottevans,

Have you read Alito's dissent? If not, you're just as bad as our President who doesn't even bother to get the facts or the law right when deriding Justices for their decisions. Although I disagree with Alito, he made a principled argument in favor of the law. Please do not bash Justices based on knee-jerk media reports and scant legal understanding.

This case was heard under a first-amendment context and while the law was truly overbroad and, thus, unconstitutional, reasonable legal minds differ on the jurisprudence - both its current application and the previous expansions by earlier justices.

0 Good Comment? | | Report

Post a Comment