Is Gross Speech Free Speech?

How Appealing carries the story of an interesting First Amendment case soon to be heard at the U.S. Supreme Court: are "crush videos," in which small animals are maimed and killed, a form of speech protected by the First Amendment?

This probably isn't exactly what the Court had in mind when it crafted the Miller test, but it wouldn't be hard to imagine the Court -- especially this Court, which hasn't done the First Amendment any favors lately -- taking a New York v. Ferber-ish approach in which it finds the films unprotected because the production thereof amounts to illegal activity and, therefore, the consumption thereof fuels that illegal activity. But we'll see.


 Digg 

 

What did you think of this article?




Trackbacks
  • No trackbacks exist for this entry.
Comments
  • No comments exist for this entry.
Leave a comment

Submitted comments will be subject to moderation before being displayed.

 Enter the above security code (required)

 Name (required)

 Email (will not be published) (required)

 Website

Your comment is 0 characters limited to 3000 characters.