United States v. Stevens (U.S. Supreme Court)

The Third Circuit held that a federal statute criminalizing the creation, sale, or possession of a depiction of animal cruelty violates the First Amendment. On behalf of the National Coalition Against Censorship and the College Art Association, we filed an amicus brief supporting the respondents. In arguing that the Court should affirm the Third Circuit, we provided examples of how the statute is overbroad and explained how a statutory exemption for depictions with religious, political, or educational value does not save the statute because of the inherent subjectivity in determining what material fits within the exception. The Court agreed that the statute is substantially overbroad, and therefore invalid under the First Amendment.