最高院否決虐畜視頻禁令 Supreme Court Rejects Ban on Animal Cruelty Videos
JUSTICES REJECTS BAN ON DEPICTING ANIMAL CRUELTY
CITE FIRST AMENDMENT
8-to-1 Ruling Says Law Against Videos Was Too Sweeping
By ADAM LIPTAK
華府－依據第一修正案，最高院在週二裁定撤下一條聯邦法令，該律法擬將製作或販賣鬥狗等虐畜視頻定罪。WASHINGTON — In a major First Amendment ruling, the Supreme Court on Tuesday struck down a federal law that made it a crime to create or sell dogfight videos and other depictions of animal cruelty.
首席大法官羅忠爵為八比一投票判決所作主辨陳詞中講到，該法令實際上已達到「一個令人憂心的犯罪防止廣度」，而政府對其極力維護實在「讓我驚訝和後怕」。Chief Justice John G. Roberts Jr., writing for the majority in the 8-to-1 decision, said that the law had created “a criminal prohibition of alarming breadth” and that the government’s aggressive defense of the law was “startling and dangerous.”
該判決仍留有一定餘地。國會可制定出一條稍寬鬆的法令以通過違憲審查。但羅大法官指出，現有該法令涉及到太多受第一修正案保護的地方了。The decision left open the possibility that Congress could enact a narrower law that would pass constitutional muster. But the existing law, Chief Justice Roberts wrote, covered too much speech protected by the First Amendment.
First Amendment to the United States Constitution
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.
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