U.S. Supreme Court Should Uphold Federal Law Prohibiting Depictions of Actual Cruelty to Animals for Commercial Gain

U.S. Supreme Court Should Uphold Federal Law Prohibiting Depictions of Actual
Cruelty to Animals for Commercial Gain

DENVER, Oct. 5 /PRNewswire-USNewswire/ -- The American Humane Association
strongly supports the federal government's position prohibiting videos,
photographs and other depictions of acts of cruelty to animals for commercial
gain. The organization urges the U.S. Supreme Court to uphold the law,
subsequent to hearing arguments tomorrow in the case of the United States of
America v. Robert J. Stevens.

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Stevens was convicted of selling videos of dogs fighting each other and
attacking other animals. While supporters of Stevens' position include many
"freedom of speech" proponents who do not necessarily condone animal cruelty,
American Humane believes that this law is necessary and does not infringe on
the true intent of the First Amendment.

"This is a case about animal cruelty, plain and simple," said American Humane
President and CEO Marie Belew Wheatley. "Every state has passed laws to
protect animals from cruelty and neglect and has found this issue to be
important in protecting communities. Animal cruelty should be a compelling
government interest that overrides any attempt to intentionally harm animals
under the guise of 'right to free speech.' While many parties may argue the
technicalities and interpretations of the law, the real focus should be that
it is immoral, it is inhumane and it should be illegal to exploit, torture and
kill animals for someone's twisted sense of 'entertainment' and someone else's
profit."

Subsection (a) of the law, U.S.C. Part I, Chapter 3, Section 48, states:
"Whoever knowingly creates, sells, or possesses a depiction of animal cruelty
with the intention of placing that depiction in interstate or foreign commerce
for commercial gain, shall be fined under this title or imprisoned not more
than 5 years or both." The exceptions are "any depiction that has serious
religious, political, scientific, educational, journalistic, historical, or
artistic value."

"We think it's clear to any reasonable person that dogfighting, other animal
fighting and 'crush' videos, which show real and intentional harm to animals
for entertainment purposes, have no merit and no place in society," Wheatley
said. "Animal cruelty impacts people and communities because cruelty to
animals has been linked to violence to humans. To allow these crimes to be
exempted from prosecution will undermine the safety of communities. Those who
inflict, perpetuate or profit from it should be prosecuted. We urge the
Supreme Court to focus on what's at stake regarding the humane treatment of
animals and uphold the law."

American Humane's Film & Television Unit monitors the use of animals in films
and is the authority behind the "No Animals Were Harmed"(R) end-credit
disclaimer that appears on productions that ensured the safety of animals.
Thus, American Humane's Certified Animal Safety Representatives(TM) often
oversee the simulation of animal cruelty in the making of filmed productions.
"We think it's obvious that the simulation of harm to animals in filmed
productions that American Humane monitors is not what the law is concerned
with when it mentions 'depiction,'" said Karen Rosa, vice president of the
Film & Television Unit. "When we are on set, it's because the film industry
truly cares about the welfare of the animals appearing in the production and
wants the public to know that no animals were mistreated or injured. We
encourage the Supreme Court to consider the difference between depicted acts
of violence, such as in legitimate productions that we have monitored, and
real acts of cruelty and violence that are perpetrated on animals for the sake
of profit or for dubious 'entertainment' or 'artistic' purposes."

American Humane's support for the law also stems from the organization's
long-time work to educate the public and professionals about The Link(R)
between violence to people and violence to animals. Many studies indicate that
animal maltreatment is part of a complex constellation of family violence.
While not all adult animal abusers necessarily harm their partners or
children, and not all children who harm animals go on to become violent
adults, compelling evidence is causing researchers and practitioners to view
animal abuse as a "red flag" for other antisocial behaviors.

About American Humane

Founded in 1877, the American Humane Association is the only national
organization dedicated to protecting both children and animals. Through a
network of child and animal protection agencies and individuals, American
Humane develops policies, legislation, curricula and training programs to
protect children and animals from abuse, neglect and exploitation. The
nonprofit organization, headquartered in Denver, raises awareness about The
Link(R) between violence to people and violence to animals, as well as the
benefits derived from the human-animal bond. American Humane's office in Los
Angeles is the authority behind the "No Animals Were Harmed"(R) end-credit
disclaimer on film and TV productions, and American Humane's office in
Washington, D.C. is an advocate for child and animal protection at the federal
and state levels. The American Humane(R) Certified farm animal program is the
nation's original independent certification and labeling program for humanely
raised food. American Humane meets the strong, comprehensive standards of the
Better Business Bureau's Wise Giving Alliance, has been awarded the
Independent Charities of America's "Best in America" Seal of Approval, has met
the stringent standards for financial efficiency and accountability required
by the American Institute of Philanthropy to qualify as a Top-Rated Charity,
and has received a 3-star rating from Charity Navigator, America's premier
independent charity evaluator. Visit www.americanhumane.org to learn more.

SOURCE American Humane Association

Kelley Weir of the American Humane Association, +1-303-925-9418,
kelleyw@americanhumane.org