United States v. Ashley Richards
2014 U.S. App. LEXIS 11044
| 5th Cir. | 2014Background
- First Amendment limits government to no law abridging speech; courts protect even hurtful expression.
- Supreme Court Stevens struck down § 48 as overbroad; Congress narrowed it to animal-crush videos that are obscene.
- Richards and Justice were charged with creating and distributing animal-crush videos showing extreme cruelty.
- District court dismissed federal counts as facially invalid; government appealed arguing § 48 is not overbroad.
- Fifth Circuit reviews de novo; holds § 48 incorporates Miller obscenity and targets unprotected speech.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is § 48 facially constitutional as obscenity-limited? | Richards/Justice contend overbreadth persists. | Richards/Justice argue the statute remains too broad. | § 48 incorporates Miller obscenity and proscribes only unprotected speech. |
| Does § 48 discriminate on content in violation of R.A.V.? | Content-based obscenity targeting animal cruelty violates constitutional neutrality. | Statute punishes secondary effects and is content-neutral in purpose. | Regulation justified by secondary effects and not viewpoint-based. |
| Is § 48 narrowly tailored to substantial government interest? | Statute targets a narrow, unprotected subset with tailoring to avoid protected speech. | Statute reasonably tailored to prevent violence and criminal activity. |
Key Cases Cited
- United States v. Stevens, 559 U.S. 460 (2010) (overbreadth concerns; Stevens guided narrowing approach)
- Miller v. California, 413 U.S. 15 (1973) (establishes Miller obscenity test)
- Ashcroft v. ACLU, 535 U.S. 564 (2002) (obscenity definition incorporated by statute)
- United States v. 12 200-Ft. Reels of Super 8MM. Film, 413 U.S. 123 (1973) (Miller framework applied to regulate obscene material)
- R.A.V. v. City of St. Paul, 505 U.S. 377 (1992) (content discrimination limits and exceptions)
- Ward v. Rock Against Racism, 491 U.S. 781 (1989) (content-neutral regulation assessment)
- Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986) (secondary effects theory and tailoring)
- New York v. Ferber, 458 U.S. 747 (1982) (permitted regulation of child sexual exploitation; framework cited)
- Wisconsin v. Mitchell, 508 U.S. 476 (1993) (government interest in preventing harm; tailoring considerations)
- Brown v. Entertainment Merchants Ass'n, 131 S. Ct. 2729 (2011) (distinguishes violence from obscenity in certain contexts)