My Argument is that what the framers had in mind with the First Amendment was to protect the expression of unpopular ideas and to protect political dissent.
My point is that there is nothing in animal cruelty videos to protect. It is a recording of crime being committed. I understand that it was a weak law that was being struck down, and that's fine we'll have to come up with a better law, but I don't think there is a First Amendment argument to be made here. Like I said, if someone were to depict realistic images of dogs fighting or or squirrels being crushed I wouldn't have a problem because there is no "act". In my mind the First Amendment protects the expression of an idea not an action. For instance, I respect someone's right to say in any medium or public forum "everyone named Pete should be killed" I don't respect their right to actually kill me and sell the videos.
I think of this way:
If someone rented a theatre and billed their act as crushing small animals onstage. They are protected. Everyone who bought a ticket to this event is protected. That's protection against prior restraint. However, as soon as the show begins and chip n' Dale get squished, the performer is no longer protected and can be arrested. In a video, the crime has already been committed so there is no prior restraint protection, the video is simply evidence of a crime being committed in which the person holding the camera is complicit. And whether someone buys the video or not a crime has occurred.
Friday, April 30, 2010
Tuesday, April 20, 2010
The First Amendment
The First Amendment:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Supreme court crushes law against animal cruelty videos and photos
Which one of the protections of the First Amendment covers Dog Fighting? Which one covers crushing small animals to death?
Free Speech you say? What then, do these activities say? If they "say" something, could the something not be said and not shown?
If a person where to release a book, video, podcast what have you extolling the virtues of watching two dogs maul each other to death I would not dream of trying to suppress such a publication. Likewise, I would not endeavor to suppress anyone from expressing the opinion that crushing small animals to death is a legitimate form of sexual arousal. It is the act of doing these things that is reprehensible and, in fact, criminal. We have existing laws against animal cruelty just as we have criminal laws against murder. Selling a video of someone being murdered is illegal, is it not? Why then should selling a video of someone committing an act of animal cruelty not be considered a criminal act?
I am not a vegetarian and I understand the concept of nature "red in tooth and claw" but this is willfully causing prolonged pain and suffering and exploiting that suffering for money. I don't see how this could have been the intention of the framers.
Enlighten me.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Supreme court crushes law against animal cruelty videos and photos
Which one of the protections of the First Amendment covers Dog Fighting? Which one covers crushing small animals to death?
Free Speech you say? What then, do these activities say? If they "say" something, could the something not be said and not shown?
If a person where to release a book, video, podcast what have you extolling the virtues of watching two dogs maul each other to death I would not dream of trying to suppress such a publication. Likewise, I would not endeavor to suppress anyone from expressing the opinion that crushing small animals to death is a legitimate form of sexual arousal. It is the act of doing these things that is reprehensible and, in fact, criminal. We have existing laws against animal cruelty just as we have criminal laws against murder. Selling a video of someone being murdered is illegal, is it not? Why then should selling a video of someone committing an act of animal cruelty not be considered a criminal act?
I am not a vegetarian and I understand the concept of nature "red in tooth and claw" but this is willfully causing prolonged pain and suffering and exploiting that suffering for money. I don't see how this could have been the intention of the framers.
Enlighten me.
Thursday, April 15, 2010
Upon Watching The Empire Strikes Back...
"Lauri, what do you take away most from Star Wars, whats your favorite part?"
"Yoda"
"Like what? His philosophy?"
"I like his puppet... I also like the Ewoks cuz they're, like, fuzzy little bears"
"sigh"
"Yoda"
"Like what? His philosophy?"
"I like his puppet... I also like the Ewoks cuz they're, like, fuzzy little bears"
"sigh"
Sunday, April 11, 2010
The Gift of Gab...
It's a good thing for me that we don't live in ancient Greece. If we lived in the time of Homer, I would be shit out of luck. I can't relate a decent story verbally to save my life. Sometimes, I'll try to tell a story about a funny thing that happened to me, and I'll realize half way through that I have totally lost your interest or that frankly the story wasn't great to begin with and I try to wrap it up quickly which ruins it. I think however, that I can't spin a decent yarn in written form.. I think it must be destiny that I was born into an age when blogging is possible. Writing and re-writing, that's my style. Yes, I do make up certain facts for dramatic effect, but admit it, so do you when you are telling your stories. My strength, I like to think, in the social situation is listening. I love to here a good story retold and I respect the skill it takes to do it. Please don't take me for being aloof when we are sitting there have a beer and I can't think of anything good to say, it's just that...well, I can't think of anything good to say. But I'll gladly listen to, and be genuinely interested in anything you might want to tell a story about.
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