Video law holds up in first test against animal fighter
From ANIMAL PEOPLE, January/February 2005:
PITTSBURGH–Reaching a unanimous verdict in only 45 minutes,
a federal jury on January 13, 2005 convicted video distributor
Robert Stevens of three counts of selling depictions of illegal
cruelty to animals across state lines.
The case was the first court test of 1999 legislation
introduced by Representative Elton Gallegly (R-California).
U.S. Senior District Judge Alan N. Bloch rejected federal
public defender Michael Novara’s contentions that the law violated
Stevens’ First Amendment right to freedom of expression, and that it
was misapplied because the law was introduced to address “wanton
cruelty to animals designed to appeal to a prurient interest in sex.”
The law prohibits the interstate distribution of videos or
films depicting illegal cruelty to animals, if they are without
“serious religious, political, scientific, educational,
journalistic, historical, or art value.”
Stevens, 64, of Pittsville, Virginia, in 2003 sold two
videotapes of dogfights and one video of a “hog/dog rodeo” to
investigators for the Pennsylvania State Police and USDA Office of
the Inspector General. Stevens advertised the videos for sale in the
Sporting Dog Journal, whose publisher James Fricchione, 34, was
convicted in March 2004 of six felonies and five misdemeanors for
allegedly promoting dogfights.