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United States of America v. Robert J. Stevens - Brief in Opposition

United States of America v. Robert J. Stevens - Brief in Opposition

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Published by DogsBite.org
On March 20, 2009, the defense team of Robert J. Stevens filed a Brief in Opposition for the pending United States Supreme Court's hearing of his case. In January 2005, Stevens was the first person found guilty of selling depictions of animal cruelty (dogfighting videos) under the 1999 federal animal cruelty law. He was sentenced to 37 months in prison. He appealed the case, which was subsequently overturned by the 3rd U.S. Circuit Court of Appeals.

The U.S. government has appealed the Circuit Court ruling and the case is currently pending before the United States Supreme Court.

In the original trial, two members of the anti-BSL, pro-pit bull lobbying group, the American Canine Foundation, testified on behalf of Stevens: Dr. I. Lehr Brisbin and acting ACF Vice President, Glen Bui. Both testified that the videos were of strong "educational value." The jury rejected the testimony and convicted Stevens in 45 minutes. The question is, why would an anti-BSL group that purportedly is working to "end animal cruelty" testify on behalf of a man that produced and sold violent dogfighting videos?
On March 20, 2009, the defense team of Robert J. Stevens filed a Brief in Opposition for the pending United States Supreme Court's hearing of his case. In January 2005, Stevens was the first person found guilty of selling depictions of animal cruelty (dogfighting videos) under the 1999 federal animal cruelty law. He was sentenced to 37 months in prison. He appealed the case, which was subsequently overturned by the 3rd U.S. Circuit Court of Appeals.

The U.S. government has appealed the Circuit Court ruling and the case is currently pending before the United States Supreme Court.

In the original trial, two members of the anti-BSL, pro-pit bull lobbying group, the American Canine Foundation, testified on behalf of Stevens: Dr. I. Lehr Brisbin and acting ACF Vice President, Glen Bui. Both testified that the videos were of strong "educational value." The jury rejected the testimony and convicted Stevens in 45 minutes. The question is, why would an anti-BSL group that purportedly is working to "end animal cruelty" testify on behalf of a man that produced and sold violent dogfighting videos?

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Categories:Types, Research, Law
Published by: DogsBite.org on Mar 26, 2009
Copyright:Attribution Non-commercial

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01/30/2013

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No. 08-769I
N
T
HE
 U
NITED
S
TATES OF
 A 
MERICA 
,P
ETITIONER
,
 
v.R
OBERT
J.
 
S
TEVENS
 O
N
P
ETITION FOR A 
W
RIT OF
C
ERTIORARI
 
TO THE
U
NITED
S
TATES
C
OURT OF
 A 
PPEALS FOR THE
T
HIRD
C
IRCUIT
 
BRIEF IN OPPOSITION
L
ISA 
B.
 
F
REELAND
 F
EDERAL
P
UBLIC
D
EFENDER
,W
ESTERN
D
ISTRICT OF
 P
ENNSYLVANIA 
 
OUNSEL OF 
R
ECORD
 
M
ICHAEL
J.
 
N
OVARA 
 F
IRST
 A 
SSISTANT
F
EDERAL
 P
UBLIC
D
EFENDER
 
 AREN
S
IRIANNI
G
ERLACH
  A 
SSISTANT
F
EDERAL
P
UBLIC
 D
EFENDER
1450 Liberty CenterPittsburgh, PA 15222(412) 644-6565
 
 
QUESTION PRESENTED
Whether the prosecution of an individualfilmmaker under 18 U.S.C. § 48 violates the First Amendment, facially or as applied, where the statutebroadly criminalizes depictions of “animal cruelty,” asdefined by any one of more than fifty different laws,unless the images have “serious” value.
 
 
TABLE OF CONTENTS
 
TABLE OF AUTHORITIES........................................ii
 
STATEMENT..............................................................1
 
 ARGUMENT................................................................8
 
CONCLUSION..........................................................18
 

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