The Court has repeatedly held that some kinds of speech is categorically excluded from First Amendment protection (at least setting aside certain kinds of content-based discriminations within those exceptions, see R.A.V. v. City of St. Paul, which I won’t discuss here). The standard list is obscenity, incitement, libel (or, more precisely, false statements of fact), […]
Tag Archives | United States v. Stevens
The Future of “Serious Value” Safe Harbors
The legislature bans a certain kind of speech — for instance, depictions of animal cruelty, or publication of leaked trade secrets — but recognizes that the ban would on its face be very broad, and would cover certain kinds of journalism, art, research, and the like. The legislature therefore exempts works which have “serious religious, […]
United States v. Stevens: A Brief Analysis, Plus the Future of Animal Cruelty Depiction Bans
In today’s United States v. Stevens decision, the Court struck down on overbreadth grounds 18 U.S.C. § 48, which reads: (a) Whoever knowingly creates, sells, or possesses a depiction of animal cruelty with the intention of placing that depiction in interstate or foreign commerce for commercial gain, shall be fined under this title or imprisoned […]