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U.S. v. STEVENS

No. 08-769.

130 S.Ct. 1577 (2010)

559 U.S. 460

UNITED STATES, Petitioner, v. Robert J. STEVENS.

Supreme Court of United States.

Decided April 20, 2010.

Attorney(s) appearing for the Case

Neal K. Katyal, for Petitioner.

Patricia A. Millett, for Respondent.

Elena Kagan, Solicitor General, Washington, D.C., for Petitioner.

Lisa B. Freeland, Michael J. Novara, Karen Sirianni Gerlach, Pittsburgh, PA, Robert Corn-Revere, Davis Wright Tremaine LLP, Washington, DC, Patricia A. Millett, Thomas C. Goldstein, Kevin R. Amer, Monica P. Sekhon, Faith E. Barter, Akin Gump Strauss Hauer & Feld, LLP, Washington, DC, Jeffrey L. Fisher, Stanford, CA, for Respondent.

Elena Kagan, Lanny A. Breuer, Assistant Attorney General, Michael R. Dreeben, Deputy Solicitor General, Nicole A. Saharsky, Assistant to the Solicitor General, Vicki S. Marani, Washington, D.C., for Petitioner.

Chief Justice ROBERTS delivered the opinion of the Court.

Congress enacted 18 U.S.C. § 48 to criminalize the commercial creation, sale, or possession of certain depictions of animal cruelty. The statute does not address underlying acts harmful to animals, but only portrayals of such conduct. The question presented is whether the prohibition in the statute is consistent with the freedom of speech guaranteed by the First Amendment.

I

Section 48...

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