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U.S. Supreme Court Issues Decision to Protect Hunting Media
Posted: Wed Apr 21, 2010 10:11 am
by Charles L. Cotton
NRA Release wrote:U.S. Supreme Court Issues Decision to Protect Hunting Media
Fairfax, Va. – Today the U.S. Supreme Court struck down a federal animal cruelty law so broadly written that it would criminalize the distribution of hunting videos and magazines under many circumstances. The 8-1 ruling in U.S. v Stevens is a big win for the National Rifle Association and hunters across America. A brief submitted by the NRA was cited in the majority’s opinion.
“The NRA condemns animal cruelty. However, hunting and depictions of hunting are not animal cruelty. This excessive law would have imposed felony penalties for creating, possessing or selling mainstream hunting images. Therefore, we are pleased that the Supreme Court ruled against this overbroad law,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “Indeed, NRA publications like American Hunter, the largest-circulation all-hunting magazine in the world, could have been in jeopardy if this law was upheld.”
Anti-hunting extremist organizations like the Humane Society of the United States (HSUS) were the primary advocates for the deliberately overreaching language in Congress and its defenders in Court. HSUS’s intentions should have been apparent from the beginning. Before becoming president of the organization, Wayne Pacelle said, “The definition of obscenity on the newsstands should be extended to many hunting magazines.” And, this is precisely what the law did.
“American hunters and sportsmen are our country’s true conservationists. It is offensive that those who work hardest for the preservation efforts of wildlife in this country are grouped with those who commit actual animal cruelty,” concluded Cox. “Fortunately, the Supreme Court chose the First Amendment over Pacelle’s radical agenda, and the overruling of this law prevents the unwarranted punishment of ethical hunters and outdoor media in the United States.”
--NRA --
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 10:37 am
by LarryH
Eight to one: that's amazing.
Who was the one?
Edit: tried to google the case, but scotusblog is very busy so couldn't connect
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 10:43 am
by SQLGeek
Samuel Alito was the lone dissenting justice.
http://en.wikipedia.org/wiki/United_States_v._Stevens" onclick="window.open(this.href);return false;
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 11:00 am
by mbw
And yet the only thing that the media chose to talk about reguarding this case were DVD's of dog fighting.
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 11:13 am
by frazzled
mbw wrote:And yet the only thing that the media chose to talk about reguarding this case were DVD's of dog fighting.
Thats because that was the court case and its so ungodly abhorrent.
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 1:17 pm
by puma guy
Charles L. Cotton wrote:NRA Release wrote:U.S. Supreme Court Issues Decision to Protect Hunting Media
Fairfax, Va. – Today the U.S. Supreme Court struck down a federal animal cruelty law so broadly written that it would criminalize the distribution of hunting videos and magazines under many circumstances. The 8-1 ruling in U.S. v Stevens is a big win for the National Rifle Association and hunters across America. A brief submitted by the NRA was cited in the majority’s opinion.
“The NRA condemns animal cruelty. However, hunting and depictions of hunting are not animal cruelty. This excessive law would have imposed felony penalties for creating, possessing or selling mainstream hunting images. Therefore, we are pleased that the Supreme Court ruled against this overbroad law,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “Indeed, NRA publications like American Hunter, the largest-circulation all-hunting magazine in the world, could have been in jeopardy if this law was upheld.”
Anti-hunting extremist organizations like the Humane Society of the United States (HSUS) were the primary advocates for the deliberately overreaching language in Congress and its defenders in Court. HSUS’s intentions should have been apparent from the beginning. Before becoming president of the organization, Wayne Pacelle said, “The definition of obscenity on the newsstands should be extended to many hunting magazines.” And, this is precisely what the law did.
“American hunters and sportsmen are our country’s true conservationists. It is offensive that those who work hardest for the preservation efforts of wildlife in this country are grouped with those who commit actual animal cruelty,” concluded Cox. “Fortunately, the Supreme Court chose the First Amendment over Pacelle’s radical agenda, and the overruling of this law prevents the unwarranted punishment of ethical hunters and outdoor media in the United States.”
--NRA --
I have not researched HSUS to a great extent, but when I drill down on their website I don't see any link to shelters in Texas or any other state. My gut feeling is that HSUS is a political organization, preying on peoples sympathy for funds, when in actuality they do little at the ground level for animals.
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 1:58 pm
by ELB
puma guy wrote: ... I have not researched HSUS to a great extent, but when I drill down on their website I don't see any link to shelters in Texas or any other state. My gut feeling is that HSUS is a political organization, preying on peoples sympathy for funds, when in actuality they do little at the ground level for animals.
You are correct; HSUS is not connected to/affiliated with the local Humane Societies that run actual animal shelters.
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 2:26 pm
by Charles L. Cotton
puma guy wrote:Charles L. Cotton wrote:NRA Release wrote:U.S. Supreme Court Issues Decision to Protect Hunting Media
Fairfax, Va. – Today the U.S. Supreme Court struck down a federal animal cruelty law so broadly written that it would criminalize the distribution of hunting videos and magazines under many circumstances. The 8-1 ruling in U.S. v Stevens is a big win for the National Rifle Association and hunters across America. A brief submitted by the NRA was cited in the majority’s opinion.
“The NRA condemns animal cruelty. However, hunting and depictions of hunting are not animal cruelty. This excessive law would have imposed felony penalties for creating, possessing or selling mainstream hunting images. Therefore, we are pleased that the Supreme Court ruled against this overbroad law,” said Chris W. Cox, executive director of NRA’s Institute for Legislative Action. “Indeed, NRA publications like American Hunter, the largest-circulation all-hunting magazine in the world, could have been in jeopardy if this law was upheld.”
Anti-hunting extremist organizations like the Humane Society of the United States (HSUS) were the primary advocates for the deliberately overreaching language in Congress and its defenders in Court. HSUS’s intentions should have been apparent from the beginning. Before becoming president of the organization, Wayne Pacelle said, “The definition of obscenity on the newsstands should be extended to many hunting magazines.” And, this is precisely what the law did.
“American hunters and sportsmen are our country’s true conservationists. It is offensive that those who work hardest for the preservation efforts of wildlife in this country are grouped with those who commit actual animal cruelty,” concluded Cox. “Fortunately, the Supreme Court chose the First Amendment over Pacelle’s radical agenda, and the overruling of this law prevents the unwarranted punishment of ethical hunters and outdoor media in the United States.”
--NRA --
I have not researched HSUS to a great extent, but when I drill down on their website I don't see any link to shelters in Texas or any other state. My gut feeling is that HSUS is a political organization, preying on peoples sympathy for funds, when in actuality they do little at the ground level for animals.
Last year they had a budget of over $90 million. They are dangerous nut-jobs who are well-funded -- a PETA on steroids.
Chas.
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 2:33 pm
by Charles L. Cotton
mbw wrote:And yet the only thing that the media chose to talk about reguarding this case were DVD's of dog fighting.
Yeah, I heard that news report this morning too.
Chas.
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 2:41 pm
by KD5NRH
SQLGeek wrote:Samuel Alito was the lone dissenting justice.
And his dissent was based on his belief that it would be a major stretch to apply the law to hunting videos:
I turn first to depictions of hunting. As the Court notes, photographs and videos of hunters shooting game are common. See ante, at 13–14. But hunting is legal in all 50 States, and §48 applies only to a depiction of conduct that is illegal in the jurisdiction in which the depiction is created, sold, or possessed. §§48(a), (c). Therefore, in all 50 States, the creation, sale, or possession for sale of the vast majority of hunting depictions indisputably falls outside §48’s reach.
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 2:46 pm
by Charles L. Cotton
KD5NRH wrote:SQLGeek wrote:Samuel Alito was the lone dissenting justice.
And his dissent was based on his belief that it would be a major stretch to apply the law to hunting videos:
I turn first to depictions of hunting. As the Court notes, photographs and videos of hunters shooting game are common. See ante, at 13–14. But hunting is legal in all 50 States, and §48 applies only to a depiction of conduct that is illegal in the jurisdiction in which the depiction is created, sold, or possessed. §§48(a), (c). Therefore, in all 50 States, the creation, sale, or possession for sale of the vast majority of hunting depictions indisputably falls outside §48’s reach.
But PETA pushed for a bill in 2009 that would have made hunting a defense to prosecution for cruelty to animals. This arguably would then have triggered the federal statute. What about shooting the wrong duck; i.e. one concerning which season was closed this year? This too would have triggered the federal statute. What about non-game animals that may be protected in one state, but not others? This arguably could have triggered the federal statute.
This bill was grossly overbroad and although I really like Alito, he missed this one.
Chas.
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 3:46 pm
by Teamless
I read this post, and no sooner did I leave my house, went to the mall (had to get the right clothes for my CC!) and I am listening to Chris Baker (AM 950) and he, in one of his rants, brings up a "supreme court decided 8-1 against selling movies, magazines, etc that show animal cruelty" and leaves it at that.
As I had just read this thread, i knew what was accurate, especially as Charles certainly wouldn't post something knowingly wrong.
I did call into the show, but was not able to wait on hold long to get on with Chris to hopefully straighten him up.
I did tell the call screener, so that he possibly (but not likely) would have told Chris the error of the blurb, which was probably just a scrolling highlight from Reuters or AP or something, and as most people like Chris, they have a little knowledge about so many things, but not always a lot of knowledge about a single item, and just want the calls to stream in, so he, in essence, passed on information, while technically true, ethically the wrong information.
Re: U.S. Supreme Court Issues Decision to Protect Hunting Me
Posted: Wed Apr 21, 2010 7:43 pm
by ELB
I just read at Dave Hardy's blog that this bill would have made creation, sale or possession of a video of" ...wounding or killing" of an animal illegal if wounding or killing that type of animal is illegal where the video is viewed. So in other words, if the PETA types can get NYC or county or the PRK to outlaw deer hunting, for example, then any video about deer hunting is illegal there, even if it is made in Texas or Indiana, and it could be prosecuted as a federal crime. This serves the purpose of trying to delegitimize hunting by trumpeting these prosecutions, and making it appear the hunting community is peddling cruel, illegal videos, and further urging more cities to do the same. Even in hunting country like Texas, I'll bet hunting anything is illegal in most cities and town just because of the safety aspect. Ergo, hunting videos could very well become illegal, and have to come off the shelves at Nagels, Dury's, Academy Sports, etc. Online places would become reluctant to sell videos because it would be difficult for them to sort out where they are legal or illegal.
The PETA types are wackos, but clever wackos. This what I argued in another thread, that the left doesn't just go for big victories, they wage lots and lots of skirmishes to build situations where the end goals are achieve indirectly.