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Legal Commentary
: PrawfsCongressional Hearing on Stevens and the Future of "Crush Video" Legislation
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Tomorrow at 10:00 a.m., I'm scheduled to testify at a hearing before the Subcommittee on Crime, Terrorism, and Homeland Security of the House Committee on the Judiciary, on the implications of the Supreme Court's decision in last month in United States v. Stevens, in which the Court invalidated the federal law banning the sale of depictions of animal cruelty.
- In refusing to add depictions of animal cruelty to the previously identified categories of unprotected speech, the Stevens majority signaled that future legislation seeking to destroy the market for crush videos will have to survive ordinary First Amendment analysis. Since such legislation is almost certainly going to be content-based, it will have to survive strict scrutiny.
- As importantly, Stevens is significant because of its implicit but undeniable reaffirmation of traditional First Amendment facial overbreadth analysis, even though such analysis had fallen somewhat out of vogue in the first few terms of the Roberts Court (in favor of narrower "as-applied" challenges).
- Given that traditional First Amendment facial overbreadth analysis will govern, the absence of any kind of intent requirement, or at the very least, a required connection between the individual who distributes the image and the underlying act of animal cruelty, will likely prove fatal to any future attempt to ban the distribution of depictions of animal cruelty.
Full post as published by Prawfs on May 25, 2010 (boomark / email).
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Bextra Increases Risk of Fatal Heart Attack
Personal Injury
Appeals Court Upholds Congressional Legislation
Media/Telecom
consumer rights involving print, radio, television, video, DVD, video games, and mobile telephones.
SJS, Stevens Johnson Syndrome
alleging that certain drugs cause this deadly skin inflammation.
Advil - Ibuprofen
allegedly leads to Stevens Johnson Syndrome and Toxic Epidermal Necrosis.
Ketek
allegedly causing potentially life threatening Stevens Johnson Syndrome (SJS) skin reaction.
Children's Motrin
allegedly causing Stevens Johnson Syndrome (SJS) potentially life threatening skin inflammations.

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