ASPCA Blog Banner

April 21, 2010

U.S. Supreme Court Nullifies Crush Act

Gavel

The Supreme Court released its verdict on U.S. v. Stevens today, finding for the respondent, Robert Stevens, throwing out his 2005 conviction and permanently striking down the "Crush Act," the 1999 law under which he was convicted. The court had been weighing the merits of the case since October 2009.

The Crush Act (U.S. Code Section 48) was a 1999 federal law banning the creation, sale and possession of materials depicting animal cruelty. The law was meant to stop the creation and sale of crush videos and other depictions of illegal acts of animal cruelty "in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed." Stevens, who marketed videos of dog and hog-dog fighting, was the first person convicted under the Crush Act.

With the 8-1 decision, the Supreme Court has concurred with the U.S. Third Circuit Court of Appeals, which in 2008 overturned Stevens' conviction due to its interpretation of the Crush Act as an unconstitutional infringement on the free speech rights guaranteed by the First Amendment. Federal courts have long made the distinction between illegal conduct and speech about illegal conduct, which is generally protected. (The only types of speech totally beyond the protection of the First Amendment are obscenity, incitement to illegal activity, "fighting words" and child pornography.)

Moreover, the Court found the Crush Act to be substantially overbroad, arguing that its intent could be twisted for use in frivolous prosecutions—but it did not choose to decide whether a hypothetical statute limited to crush videos or other depictions of extreme animal cruelty would be constitutional. This is good news, as it opens the door for the animal protection community to propose new language for legislation that will achieve what the Crush Act was meant to do.

"Although the Crush Act was rarely used, it had the potential for aiding in the prosecution of a variety of forms of animal cruelty that are increasingly being encouraged through the dissemination of videos," says Dr. Randall Lockwood, ASPCA Senior Vice President of Forensic Sciences and Anti-Cruelty Projects. "Going forward, the ASPCA will gladly work with Congress to draft new legislation that can withstand tests of constitutionality to provide law enforcement with tools to effectively combat extreme animal abuse."

If you would like to help get such a law passed, please become a member of the ASPCA Advocacy Brigade to receive important, timely news about pending animal-related legislation in your state and in Congress.

Post your comments

Your comments are welcome here, but please remember to practice proper comment etiquette. Comments that include inappropriate or personal information will be deleted.

  • Submitted by misskotton at:June 27, 2011 11:30 PM

    Free speech seems to apply mainly for people engaged in nefarious acts. Free speech for the common man is threatened. Thats the way the world works now. Witness Fred Phelps et al.

  • Submitted by Deborah Hans at:August 20, 2010 12:00 AM

    Crush movies are evil beyond comprehension. Only the the most depraved human could find pleasure in producing, acting in or purchasing such movies. These must be outlawed.

  • Submitted by N. Mills at:July 28, 2010 12:00 AM

    The Supreme Court may be Republican, but they are ruling as they would in all cases regarding the First Amendment. This falls into the real of pornography as well as cruelty. The courts were probably correct on this matter; however, that does not mean that we cannot try another act that would make high conviction rates for people caught hurting animals. There are so many crazy people out there and it is hard for the regular Joes of the world to find and stop them. We need to fund the ASCPA and other organizations like it to find a way stop these cruel and inhuman people.

  • Submitted by K. Sweetchapel at:July 13, 2010 12:00 AM

    "Federal courts have long made the distinction between illegal conduct and speech about illegal conduct, which is generally protected." It sounds like the original law was too general and could have been used to persecute people who weren't actually committing a crime. (See Mikey D.'s response.) And I'm a little stunned at all the squawking that this reversal means that the Supreme Court doesn't care about animal welfare. Personally I am GLAD that the Supreme Court is doing their job and not allowing laws that could send me to jail for filming a documentary about "Crush Videos". Again, the Supreme Court is protecting Americans from an over-reaching law, which is their job. In no way does this mean that they condone animal abuse.

  • Submitted by Yvonne Calderon at:July 2, 2010 12:00 AM

    Isn't there enough torture of people, and children? Isn't the law wonderful enough to them? Where you can get away with murder even though there's proof enough to give them a dealth sentence now if they confess they get from 15 - 20 years, and are out before that, because of good behavior? This isn't enough now we have to put up with more sick mothers in this country torturing animals. WHAT IS WRONG WITH OUR LAW MAKERS ARE THEY ALSO SICK MENTALLY? Can you please help to stop at least this senseless crime? Animals hurt too, they can't speak but they are made of flesh and bone can you PLEASE HELP.

  • Submitted by roseann at:June 27, 2010 12:00 AM

    If Americans allow these supreme wacks to say it 'alright' to go and inflict pain and suffering on animals than they all to blame for this disturbing and unfavourable decision.

  • Submitted by SM at:June 14, 2010 12:00 AM

    How can murder & torture be upheld as freedom of speech. I always thought freedom of speech was being able to express your opinions, not freedom to torture & mutilate. Am I crazy or is this some sort of perverse logic here upheld by the supreme court?

  • Submitted by trish whitehead at:May 26, 2010 12:00 AM

    your are not less human because you love animals, you are more human. The measure of your humanity is the extent to which you raise the standard of taking responsibility for those who can't help themselves. This type of video is one step away from "snuff" videos. How long will it be before these idiots deem those films an expression of "free speech"? I hope none of those 8 that overturned have pets; they don't deserve them.

  • Submitted by frank at:May 21, 2010 12:00 AM

    Shocked, disturbed, and disgusted that 8 out of 9 memebers of the supreme court have failed us in such an awful way. Almost as shocked, disturbed, and disgusted that the ASPCA supports this decision. In reference to: "This is good news, as it opens the door for the animal protection community to propose new language for legislation..." Are you insane? Do you really think that Congress will do the right thing? Do you really think that Congress will draft legislation to protect helpless and innocent animals while they are all too busy covering up affairs and raising money for their respective party? ASPCA should be embarassed.

  • Submitted by S. Clark at:April 28, 2010 12:00 AM

    I have been sick at my stomach ever since I heard about this Supreme court decision. I just don't understand how any human could approve the torture and murder of innocent animals. Anyone who could do this to a defenseless animal could do it to a defenseless child. Wake up, America!!!!!!! If I knew where to go to march in protest against this ruling, I would go.

  • Submitted by Debbie at:April 25, 2010 12:00 AM

    Both parties suck, and they both abuse the American taxpayer, and this really isn't about a pol party anyway. It's about money, and who has the money to influence the vote. It has been like that since the beginning of time.

  • Submitted by Bridget L. at:April 24, 2010 12:00 AM

    I personally read about this right after the verdict and was like..i'm pretty sure that I dont want any sort of a "freedom" that entitles me to torture/abuse/kill anything, especially animals and then view it over and over again and profit off of its sale. This is so wrong. A country can often be judged by the way that its animals are treated. I see no redeeming social values associated with the reversal of this Act. Certianly the people benefiting from this sort of a thing will go on to do other more escalated things in the future. Super you have endangered our public. Way to go supreme court all but one of you should be thrown out for your stupidity.

  • Submitted by Black-Cat at:April 22, 2010 12:00 AM

    People could be so impulsive sometimes it makes me sick.Who wouldn't want to help animals in times of need espeacially ones who are abused or worse.

  • Submitted by Marvin Lewis at:April 22, 2010 12:00 AM

    Next we are going to have videos wherein girls are killed legalized. then children. there is an area wherein illegal acts cannot be perpetrated for the purpose of making money. May G-d forgive us for going the way we are.

  • Submitted by cordie at:April 22, 2010 12:00 AM

    this whole thing is vile and it stinks stinks

  • Submitted by Patrick Sheldon at:April 22, 2010 12:00 AM

    Okay, calm down, people. These videos should certainly be illegal, but I haven't read the opinion yet, so I can't say that it's wrong. The fact that it was an 8-1 decision and the very conservative Samuel Alito (whose nomination was opposed by the ACLU) was the sole dissenter makes see think there is something to it. The Court is a bulwark against the kind of vague and capricious legislation that is often the hallmark of an authoritarian society. New legislation has already been proposed in accordance with United States v. Stevens. I believe our political leaders can craft a law with some teeth that will be consistent with our constitutional values and our sensibility to the suffering of animals.

  • Submitted by Steavie Pettid at:April 22, 2010 12:00 AM

    there should be tougher laws against animal cruelty. all animals should be treated like humans. would you want to be abused and neglected day in and day out? every state should have laws against animal cruelty to help end this major issue.

  • Submitted by mike at:April 22, 2010 12:00 AM

    fyi its 5-4 rep,dems.and the vote was 8-1.this was not political.

  • Submitted by Linda at:April 21, 2010 12:00 AM

    Thanks to The HONORABLE Samuel Alito who voted against the rest of the judges. This opens up a whole new business of cruelty to animals condoned by the "Supreme Court of the USA". How totally disgusting.

  • Submitted by L.Troup at:April 21, 2010 12:00 AM

    This awful judgement gives freedom to animal crushers, diminishes humanity and supports animal cruelty. This ruling begs that the ASPCA, HSUS and PETA collaborate and present a strong unified front and intervene on this decision. Thank you, L. Troup

  • Submitted by B.Sudnick at:April 21, 2010 12:00 AM

    Such a reversal is a crime in itself. What were these justices thinking? The law was on the books and did do some good. People of all ages who deliberately do harm to animals must be punished. Videos, pictures and other media used in recording such actions, whether used for 'entertainment' or financial gain must be banned legally. These people are criminals in the worse sense and ALL of our federal and state laws need to be rewritten to prosecute these people to longer mandatory jail time (no early out for good behavior), and include large monetary fines. Let's put a stop to senseless animal cruelty once and for all.

  • Submitted by Mikey D at:April 21, 2010 12:00 AM

    I actually support the ruling. The Crush Act was overly broad and needs to be refined. As it stands, films depicting abuse in slaughterhouses and chain pet stores are illegal and publishing an expose on such would make a person a criminal. I encourage reputable organizations such as ASPCA to disassociate themselves from domestic terrorists such as PETA.

  • Submitted by tracy at:April 21, 2010 12:00 AM

    sounds like we gotta get busy rewriting this Law.

  • Submitted by Speak UP at:April 21, 2010 12:00 AM

    Okay. So they threw out this legislation. How long is going to take to get a new one in place and how many are going to get away with animal cruelty while they have no law governing their actions?!?!?!? This is awful!!!!!!!!

  • Submitted by jim pankey at:April 21, 2010 12:00 AM

    The supreme court is republican. We have a chief justice by the name of John Roberts who is age 55. The supreme court has done some things recently that are wrong this is just one of the many things. The justices are appointed for life. Until and unless that is changed we (the people of the U S) have to put up with creeps like them.

  • Submitted by Dani at:April 21, 2010 12:00 AM

    disgusting

  • Submitted by Ann Franke at:April 21, 2010 12:00 AM

    How do we get the new legislation started? How do we start the petitions to our Congressional representatives to begin the drafting process?

  • Submitted by W Knolls at:April 21, 2010 12:00 AM

    It is difficult to understand how the Supreme Court would vote to stike down a law that was in place to protect dogs from the sick people who force them to fight. An 8 year old knows that this is wrong and barbaric. Perhaps the justices should have someone explain to them the difference between right and wrong.

  • Captcha