United States v. Stevens (3d Cir. July 18, 2008) was filed today.  Stevens is an interesting case about whether a statute, 18 U.S.C. § 48 (proscribing “knowingly selling depictions of animal cruelty with the intention of placing those depictions in interstate commerce for commercial gain”), violates the First Amendment.  A 10-3 Third Circuit, in a decision authored by Judge D. Brooks Smith, holds that it does.

As usual, the Volokh Conspiracy is out in front with a brief discussion, but First Amendment fans should take the time to read the opinion.