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applications
invalidation
overbreadth
appropriate
challenged
statute
suffers
substantial
overbreadth
judged
absolute
terms
relation
statute
plainly
legitimate
sweep
williams
explain
following
part
substantial
core
constitutionally
permissible
applications
iv
appeals
recognized
primary
conduct
congress
sought
address
passage
creation
sale
possession
videos
en
banc
sample
crush
video
lodged
clerk
records
following
event
kitten
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ground
watches
shrieks
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woman
thrusts
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body
slams
heel
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animal
head
kitten
hemorrhages
blood
screams
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pain
ultimately
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dead
moist
pile
hair
bone
brief
humane
society
amicus
curiae
hereinafter
humane
society
brief
undisputed
conduct
depicted
crush
videos
may
constitutionally
prohibited
district
columbia
enacted
statutes
prohibiting
animal
cruelty
see
citing
statutes
enactment
underlying
conduct
depicted
crush
videos
nearly
impossible
prosecute
videos
often
appeal
persons
specific
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generally
without
live
audience
faces
women
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torture
material
often
shown
location
place
cruelty
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date
activity
ascertained
depiction
thus
law
enforcement
authorities
often
able
identify
parties
responsible
torture
see
punishing
depictions
animal
cruelty
federal
prisoner
health
care
act
hearing
subcommittee
crime
house
committee
judiciary
hereinafter
hearing
depictions
animal
cruelty
rare
instances
possible
identify
find
perpetrators
often
able
successfully
assert
defense
state
prove
jurisdiction
place
act
occurred
actions
depicted
took
place
within
time
specified
state
statute
limitations
see
also
cong
rec
gallegly
prosecutors
around
country
federal
prosecutors
well
state
prosecutors
made
appeal
us
hearing
depictions
animal
cruelty
production
video
discovered
actual
filming
prosecution
offense
virtually
impossible
without
cooperative
eyewitness
filming
undercover
police
operation
discussing
example
case
state
prosecutor
defendant
telling
us
produced
videos
prosecution
possible
state
prove
tape
made
light
practical
problems
thwarting
prosecution
creators
crush
videos
state
animal
cruelty
laws
congress
concluded
effective
way
stopping
underlying
criminal
conduct
prohibit
commercial
exploitation
videos
conduct
congress
strategy
appears
vindicated
told
sponsors
declared
crush
video
industry
dead
even
overseas
websites
shut
wake
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circuit
decision
facially
invalidating
statute
crush
videos
already
back
online
humane
society
brief
citations
omitted
first
amendment
protects
freedom
speech
certainly
protect
violent
criminal
conduct
even
engaged
expressive
purposes
crush
videos
present
highly
unusual
free
speech
issue
closely
linked
violent
criminal
conduct
videos
record
commission
violent
criminal
acts
appears
crimes
committed
sole
purpose
creating
videos
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noted
congress
presented
compelling
evidence
way
preventing
crimes
target
sale
videos
circumstances
believe
first
amendment
commands
congress
step
aside
allow
underlying
crimes
continue
relevant
prior
decisions
ferber
concerned
child
pornography
held
child
pornography
protected
speech
believe
ferber
reasoning
dictates
similar
conclusion
ferber
important
factor
say
important
factor
child
pornography
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commission
crime
inflicts
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personal
injury
children
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engage
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conduct
commercial
purposes
internal
quotation
marks
omitted
ferber
repeatedly
described
production
child
pornography
child
abuse
molestation
exploitation
see
recent
years
exploitive
use
children
production
pornography
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national
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molestation
adults
often
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child
sexual
performances
later
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ashcroft
free
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coalition
ferber
production
work
content
target
statute
see
also
ferber
involved
speech
record
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second
ferber
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fact
underlying
crimes
effectively
combated
without
targeting
distribution
child
pornography
put
distribution
network
child
pornography
must
closed
production
material
requires
sexual
exploitation
children
effectively
controlled
added
serious
contention
legislature
unjustified
believing
difficult
impossible
halt
exploitation
children
pursuing
produce
photographs
movies
expeditious
practical
method
law
enforcement
may
dry
market
material
imposing
severe
criminal
penalties
persons
selling
advertising
otherwise
promoting
product
see
also
advertising
selling
child
pornography
provide
economic
motive
thus
integral
part
production
materials
third
ferber
noted
value
child
pornography
exceedingly
modest
de
minimis
value
overwhelmingly
outweigh
ed
evil
restricted
three
characteristics
shared
applied
crush
videos
first
conduct
depicted
crush
videos
criminal
every
state
district
columbia
thus
crush
video
made
country
records
actual
commission
criminal
act
inflicts
severe
physical
injury
excruciating
pain
ultimately
results
death
record
underlying
criminal
acts
likely
criminally
culpable
either
aiders
abettors
conspirators
tight
secretive
market
videos
sell
videos
possess
intent
make
profit
may
similarly
culpable
example
cases
crush
videos
commissioned
purchasers
specified
details
acts
wanted
see
performed
see
hearing
depictions
animal
cruelty
extent
reaches
persons
surely
violate
first
amendment
second
criminal
acts
shown
crush
videos
prevented
without
targeting
conduct
prohibited
creation
sale
possession
sale
depictions
animal
torture
intention
realizing
commercial
profit
evidence
presented
congress
posed
stark
choice
either
ban
commercial
exploitation
crush
videos
tolerate
continuation
criminal
acts
record
faced
evidence
congress
reasonably
chose
target
lucrative
crush
video
market
finally
harm
caused
underlying
crimes
vastly
outweighs
minimal
value
depictions
might
conceivably
thought
possess
section
reaches
actual
recording
acts
animal
torture
statute
apply
verbal
descriptions
simulations
unlike
child
pornography
statute
ferber
federal
counterpart
provides
exception
depictions
serious
religious
political
scientific
educational
journalistic
historical
artistic
value
must
acknowledged
differs
child
pornography
law
important
respect
preventing
abuse
children
certainly
much
important
preventing
torture
animals
used
crush
videos
largely
reason
appeals
concluded
ferber
support
constitutionality
preventing
cruelty
animals
although
exceedingly
worthy
goal
simply
implicate
interests
magnitude
protecting
children
physical
psychological
harm
protecting
children
unquestionably
important
protecting
animals
government
also
compelling
interest
preventing
torture
depicted
crush
videos
animals
used
crush
videos
living
creatures
experience
excruciating
pain
society
long
banned
cruelty
illegal
throughout
country
ferber
noted
virtually
passed
legislation
proscribing
production
otherwise
combating
pornography
declined
legislative
judgment
likewise
appeals
erred
legislative
judgment
importance
preventing
cruelty
animals
section
ban
trafficking
crush
videos
also
helps
enforce
criminal
laws
ensure
criminals
profit
crimes
see
cong
rec
gallegly
state
interest
enforcing
existing
laws
right
laws
violated
people
making
huge
profits
promoting
violations
may
gallegly
explaining
introduced
house
version
bill
criminals
profit
illegal
acts
already
judged
taking
profit
crime
compelling
interest
see
simon
schuster
members
state
crime
victims
short
ferber
case
sheds
light
constitutionality
congress
effort
halt
production
crush
videos
applying
principles
set
forth
ferber
hold
crush
videos
protected
first
amendment
application
ferber
framework
also
supports
constitutionality
applied
depictions
brutal
animal
fights
convenience
focus
videos
dogfights
appear
common
type
animal
fight
videos
first
depictions
like
crush
videos
record
actual
commission
crime
involving
deadly
violence
dogfights
illegal
every
state
district
columbia
brief
citing
statutes
federal
law
constitute
felony
punishable
imprisonment
five
years
et
seq
ed
supp
ii
supp
ii
second
congress
ample
basis
concluding
crimes
depicted
videos
effectively
controlled
without
targeting
videos
like
crush
videos
child
pornography
dogfight
videos
often
produced
part
clandestine
industry
need
market
resulting
products
requires
visible
apparatus
distribution
ferber
circumstances
congress
reasonable
grounds
concluding
difficult
impossible
halt
underlying
exploitation
dogs
pursuing
stage
fights
see
cowen
dissenting
citing
evidence
establishing
existence
lucrative
market
depictions
animal
cruelty
including
videos
dogfights
turn
provides
powerful
incentive
individuals
create
videos
commercial
trade
videos
dogfights
integral
part
production
materials
ferber
supra
humane
society
explains
ideotapes
memorializing
dogfights
integral
success
criminal
industry
variety
reasons
humane
society
brief
one
thing
dogfighting
videos
made
solely
purpose
selling
video
live
audience
addition
stage
dogfights
profit
sale
videos
gambling
revenue
take
fights
videos
encourage
gambling
activity
allow
reluctant
attend
actual
fights
fear
prosecution
still
bet
outcome
ibid
accord
brief
center
administration
criminal
law
amicus
curiae
selling
videos
dogfights
effectively
abets
underlying
crimes
providing
market
dogfighting
allowing
actual
dogfights
remain
underground
ibid
videos
part
market
videos
produced
clandestine
staff
order
permit
actual
location
dogfights
perpetrators
underlying
criminal
activities
go
undetected
citations
omitted
moreover
ideo
documentation
vital
criminal
enterprise
provides
proof
dog
fighting
prowess
proof
demanded
potential
buyers
critical
underground
market
humane
society
brief
recordings
may
also
serve
videos
fight
organizers
ibid
short
videos
depicting
live
dogfights
essential
success
criminal
dogfighting
subculture
commercial
sale
videos
helps
fuel
market
thus
perpetuate
perpetration
criminal
conduct
depicted
third
depictions
dogfights
fall
within
reach
definition
appreciable
social
value
noted
exempts
depictions
appreciable
social
value
thus
mere
inclusion
depiction
live
fight
larger
work
aims
communicating
idea
message
modicum
social
value
run
afoul
statute
finally
harm
caused
underlying
criminal
acts
greatly
outweighs
trifling
value
depictions
might
thought
possess
humane
society
explains
abused
dogs
used
fights
endure
physical
torture
emotional
manipulation
throughout
lives
predispose
violence
common
tactics
include
feeding
animals
hot
peppers
gunpowder
prodding
sticks
electrocution
dogs
conditioned
never
give
fight
even
gravely
hurt
killed
result
dogfights
inflict
horrific
injuries
participating
animals
including
lacerations
ripped
ears
puncture
wounds
broken
bones
losing
dogs
routinely
refused
treatment
beaten
loss
executed
drowning
hanging
incineration
footnotes
omitted
dogs
unlike
animals
killed
crush
videos
suffering
lasts
years
rather
minutes
crush
videos
moreover
statutory
ban
commerce
dogfighting
videos
also
supported
compelling
governmental
interests
effectively
enforcing
nation
criminal
laws
preventing
criminals
profiting
illegal
activities
see
ferber
supra
simon
schuster
sum
may
validly
applied
least
two
broad
categories
expression
covered
statute
crush
videos
dogfighting
videos
thus
statute
substantial
core
constitutionally
permissible
applications
moreover
reasons
set
forth
record
show
properly
interpreted
bans
substantial
amount
protected
speech
absolute
terms
fortiori
respondent
met
burden
demonstrating
impermissible
applications
statute
substantial
relation
plainly
legitimate
sweep
williams
accordingly
reject
respondent
claim
facially
unconstitutional
overbreadth
doctrine
reasons
respectfully
dissent
appendix
following
chart
makes
clear
virtually
state
laws
prohibiting
animal
cruelty
either
expressly
define
term
animal
exclude
wildlife
else
specifically
exempt
lawful
hunting
activities
alaska
alaska
stat
defense
prosecution
section
conduct
defendant
necessarily
incidental
lawful
fishing
hunting
trapping
activities
arizona
rev
stat
ann
west
supp
section
prohibit
restrict
taking
wildlife
activities
permitted
pursuant
title
ctivities
regulated
arizona
game
fish
department
arizona
department
agriculture
arkansas
ark
code
ann
supp
subchapter
prohibit
following
activities
engaging
taking
game
fish
hunting
trapping
fishing
engaging
activity
authorized
arkansas
constitution
amendment
et
arkansas
state
game
fish
commission
regulation
promulgated
either
arkansas
constitution
amendment
statute
california
cal
penal
code
ann
west
part
title
shall
construed
interfering
laws
state
known
laws
interfere
right
kill
animals
used
food
colorado
rev
stat
ann
case
conflict
part
prohibiting
cruelty
animals
section
rev
stat
wildlife
statutes
state
said
wildlife
statutes
shall
control
nothing
part
shall
construed
amend
manner
change
authority
wildlife
commission
established
title
rev
stat
prohibit
conduct
therein
authorized
permitted
connecticut
stat
person
maliciously
intentionally
maims
mutilates
tortures
wounds
kills
animal
shall
fined
five
thousand
dollars
imprisoned
five
years
provisions
subsection
shall
apply
person
lawfully
engaged
taking
wildlife
delaware
del
code
tit
section
shall
apply
lawful
hunting
trapping
animals
provided
law
florida
stat
section
shall
apply
ny
person
using
animals
pursue
take
wildlife
participate
hunting
regulated
subject
regulated
rules
regulations
fish
wildlife
conservation
commission
georgia
code
ann
provisions
code
section
shall
construed
prohibiting
conduct
otherwise
permitted
laws
state
including
limited
hunting
trapping
fishing
wildlife
management
hawaii
haw
rev
stat
cum
supp
person
commits
offense
cruelty
animals
first
degree
person
intentionally
knowingly
tortures
mutilates
poisons
causes
torture
mutilation
poisoning
pet
animal
equine
animal
resulting
serious
bodily
injury
death
pet
animal
equine
animal
idaho
idaho
code
lexis
part
chapter
shall
construed
interfering
negating
preempting
laws
rules
department
fish
game
state
interfere
right
kill
slaughter
bag
take
animals
used
food
illinois
comp
ch
west
case
alleged
conflict
act
code
illinois
act
define
require
use
humane
methods
handling
preparation
slaughter
slaughter
livestock
meat
meat
products
offered
sale
provisions
acts
shall
prevail
purposes
section
torture
include
death
harm
injury
caused
animal
hunting
fishing
trapping
activity
allowed
wildlife
code
wildlife
habitat
management
areas
act
fish
aquatic
life
code
footnotes
omitted
indiana
ind
code
west
subject
certain
exceptions
relevant
chapter
prohibiting
offenses
relating
animals
apply
ishing
hunting
trapping
conduct
authorized
ind
code
iowa
iowa
code
section
banning
animal
abuse
shall
apply
person
taking
hunting
trapping
fishing
wild
animal
provided
chapter
section
banning
animal
torture
shall
apply
person
taking
hunting
trapping
fishing
wild
animal
provided
chapter
kansas
stat
ann
provisions
section
shall
apply
killing
attempting
kill
trapping
catching
taking
animal
accordance
provisions
chapter
wildlife
parks
recreation
chapter
livestock
domestic
animals
kansas
statutes
annotated
kentucky
rev
stat
ann
lexis
nothing
section
shall
apply
killing
animals
ursuant
license
hunt
fish
trap
purposes
relating
sporting
activities
activities
animals
engaged
hunting
field
trials
dog
training
training
dog
fight
pleasure
profit
activities
authorized
either
hunting
license
department
fish
wildlife
shall
constitute
violation
section
louisiana
la
rev
stat
ann
west
supp
section
shall
apply
lawful
hunting
trapping
wildlife
provided
law
maine
rev
stat
tit
west
supp
providing
hunting
trapping
animal
form
prohibited
animal
cruelty
permitted
pursuant
parts
state
code
regulating
shooting
large
game
inland
fisheries
wildlife
maryland
md
crim
law
code
ann
lexis
sections
subtitle
apply
activity
may
cause
unavoidable
physical
pain
animal
including
hunting
person
performing
activity
uses
humane
method
reasonably
available
michigan
comp
laws
ann
west
supp
section
prohibit
lawful
killing
use
animal
including
ishing
unting
trapping
regulated
state
law
section
prohibit
lawful
killing
use
animal
including
ishing
unting
trapping
regulated
state
law
missouri
mo
rev
stat
provisions
sections
shall
apply
unting
fishing
trapping
allowed
state
law
montana
mont
code
ann
section
prohibit
lawful
fishing
hunting
trapping
activities
nebraska
neb
rev
stat
exempting
ommonly
accepted
practices
hunting
fishing
trapping
nevada
rev
stat
provisions
nevada
law
banning
animal
cruelty
nterfere
fish
game
laws
right
kill
animals
fowl
used
food
new
hampshire
rev
stat
ann
ii
west
supp
section
means
domestic
animal
household
pet
wild
animal
captivity
new
jersey
stat
ann
west
nothing
contained
article
shall
construed
prohibit
interfere
shooting
taking
game
game
fish
manner
times
allowed
provided
laws
state
new
mexico
stat
ann
supp
provisions
section
apply
fishing
hunting
falconry
taking
trapping
new
york
agric
mkts
law
ann
west
nothing
contained
section
shall
construed
prohibit
interfere
way
anyone
lawfully
engaged
hunting
trapping
fishing
north
carolina
stat
ann
lexis
section
shall
apply
lawful
taking
animals
jurisdiction
regulation
wildlife
resources
commission
north
dakota
cent
code
ann
lexis
supp
include
ny
activity
requires
license
permit
chapter
governs
gaming
licenses
oregon
rev
stat
unless
gross
negligence
shown
provisions
certain
statutes
prohibiting
animal
cruelty
apply
awful
fishing
hunting
trapping
activities
pennsylvania
cons
stat
ii
subsection
banning
killing
maiming
poisoning
domestic
animals
zoo
animals
shall
apply
killing
animal
fowl
pursuant
game
law
person
commits
offense
wantonly
cruelly
illtreats
overloads
beats
otherwise
abuses
animal
neglects
animal
duty
care
rhode
island
laws
lexis
prohibiting
owner
possessor
person
charge
custody
animal
engaging
certain
acts
unnecessary
cruelty
prohibiting
alicious
injury
killing
animals
providing
section
shall
apply
licensed
hunters
hunting
season
licensed
business
killing
animals
human
consumption
south
carolina
code
ann
supp
section
apply
activity
authorized
title
consisting
laws
fish
game
watercraft
south
dakota
codified
laws
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footnotes
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term
animal
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citing
statutes
wagman
waisman
frasch
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materials
ed
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include
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exemptions
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note
economics
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engineering
animals
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tech
surprisingly
state
laws
relating
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treatment
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including
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webster
third
new
international
dictionary
random
house
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english
language
term
serious
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decide
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take
intend
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cockfights
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regarded
evidence
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proof
particular
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see
simon
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members
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crime
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serving
exactly
interest
roberts
jaycees
citing
state
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prohibiting
discrimination
public
accommodations
evidence
compelling
governmental
interest
ensuring
equal
access