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UNITED STATES v. STEVENS

Docket No.: 08-769
Certiorari Granted: Apr 20 2009
Argued: October 6, 2009
Decided: April 20, 2010

Topics:

First Amendment, endangered species, patent

PartyNames: United States v. Robert J. Stevens
Petitioner: United States
Respondent: Robert J. Stevens

Court Below: United States Court of Appeals for the Third Circuit
Citation: 533 F.3d 218

United States
v.
Robert J. Stevens
Question Presented:

Section 48 of Title 18 of the United States Code prohibits the knowing creation, sale, or possession of a depiction of a live animal being intentionally maimed, mutilated, tortured, wounded, or killed, with the intention of placing that depiction in interstate or foreign commerce for commercial gain, where the conduct depicted is illegal under Federal law or the law of the State in which the creation, sale, or possession takes place, and the depiction lacks serious religious, political, scientific, educational, journalistic, historical, or artistic value. The question presented is whether 18 U.S.C. 48 is facially invalid under the Free Speech Clause of the First Amendment.

Question:

Is 18 U.S.C. Section 48, on its face, unconstitutional under the Free Speech Clause of the First Amendment?

UNITED STATES v. STEVENS
ORAL ARGUMENT

October 6, 2009

Holding: affirmed
Vote: 8-1

UNITED STATES v. STEVENS
Case Documents

1Opinion in UNITED STATES v. STEVENS
2UNITED STATES v. STEVENS Oral Argument Transcript (HTML)
3UNITED STATES v. STEVENS Oral Argument Transcript (PDF)
4UNITED STATES v. STEVENS Oral Argument Transcript (HTML)
Additional documents for this case are pending review.