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U.S. Supreme Court Issues Decision to Protect Hunting Media

Tuesday, April 20th, 2010 at 7:58 PM

U.S. Supreme Court Issues Decision to Protect Hunting Media

National Rifle Association

National Rifle Association

Fairfax, Va. –-(AmmoLand.com)- 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.”

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. Four million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services.

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Supreme Court Agrees With SCI and Strikes Down Law That Could Criminalize Hunting Videos

Tuesday, April 20th, 2010 at 3:07 PM

Supreme Court Agrees With SCI and Strikes Down Law That Could Criminalize Hunting Videos

Safari Club Internationa

Safari Club Internationa

Washington, DC –-(AmmoLand.com)- The U.S. Supreme Court today, in United States v. Stevens, struck down a federal law that could have criminalized the sale of hunting videos.

As reported on AmmoLand.com Safari Club International and the Congressional Sportsmen’s Foundation joined to file an amicus (friend of the Court) brief that explained how the law could apply to many hunting videos. The Court quoted SCI’s brief and relied, in part, on SCI’s arguments to hold the law unconstitutionally overbroad.

The law made the production or sale of a depiction (e.g., video or picture) of “animal cruelty” punishable by up to five years in prison. The Supreme Court found that Congress wrote the law much too broadly. The law made illegal any depiction of the killing or wounding of a live animal if the act being depicted is itself illegal in the state where the video is sold. As a result, videos of hunting activities that are legal where filmed would violate the law if the videos were sold in a state where that type of hunting activity is illegal. One example from SCI’s brief on which the Court relied was the sharp-tailed grouse, which may be hunted in Idaho, but not in Washington.

The Court also quoted from SCI’s brief to reject the argument that hunting videos would be protected by the law’s exception for videos with serious educational or scientific value. The Court’s opinion stated “According to Safari Club International and the Congressional Sportsmen’s Foundation, many popular [hunting] videos ‘have primarily entertainment value’ and are designed to ‘entertai[n] the viewer, marke[t] hunting equipment, or increas[e] the hunting community.’”

SCI President Larry Rudolph said, “This tremendous victory is a great example of how SCI is First for Hunters. SCI did not hesitate to devote its resources to filing a brief with the Supreme Court to advocate our interests. The people who produce and sell the hunting videos we all enjoy should not have to risk five years in prison and now they will not. With this opinion, SCI has reached a new level of advocacy for SCI members and for all hunters.”

-SCI-
SCI-First For Hunters is the leader in protecting the freedom to hunt and in promoting wildlife conservation worldwide. SCI’s approximately 190 Chapters represent all 50 of the United States as well as 18 other countries. SCI’s proactive leadership in a host of cooperative wildlife conservation, outdoor education and humanitarian programs, with the SCI Foundation and other conservation groups, research institutions and government agencies, empowers sportsmen to be contributing community members and participants in sound wildlife management and conservation. Visit the home page www.safariclub.org or call (520) 620-1220 for more information.

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