Lex Appeal: Special Edition!

The Supreme Court has ruled on the constitutionality of the “Depiction of Animal Cruelty Act.” Ben and Matt will guide you through their ruling. Let’s talk about lex.

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Lex Appeal: Animal Cruelty, “Crush Videos” and the First Amendment

In 1999, after learning about so-called “crush videos,” the United States Congress passed a law banning all depictions of animal cruelty in interstate commerce. Five years later the first person ever was charged under this law for selling dog-fighting videos. Now, the Supreme Court is deciding whether or not this law violates the First Amendment to the Constitution.

What are crush videos, anyway? And how does the Supreme Court decide what rights you have?

You’ve never heard a show quite like this. Welcome to the inaugural edition of Lex Appeal!

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Sotomayor On Free Speech

By Michael Combier-Talk Radio News Service

Paul Smith, a Law Partner at Jenner & Block, recalls two legal cases on the subject of the first amendment and free speech in which Judge Sotomayor was focused on dealing with the doctrine on a case by case basis.(1:35)
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Ralph Nader interview on the need for election reform

By Michael Ruhl, University of New Mexico – Talk Radio News Service

Former presidential candidate and long time consumer rights advocate Ralph Nader talked with Michael Ruhl to discuss the status of his lawsuit against the Democratic National Committee (DNC). This was immediately following the circuit court argument for Nader vs. DNC. Nader claims that he was harassed and burdened in 2004 presidential election by the DNC, in what he calls "an abuse of the legal process" and malicious prosecution. In this interview, Nader explained background of the case, and the case's current status. He said, "there is no other western democracy that comes close to obstructing voters and obstructing candidates as is the case in our country."

Nader also spoke about the two-party system, and the effect that his case has on future third party candidates in the presidential process. He said that his case is designed to draw boundaries, to make sure that third party candidates can exercise their First Amendment rights. Nader also referred to the issue as one of democracy, because he said in limiting ballot access, one is truly limiting the right of the people to decide who they want to represent them. Nader called for national ballot standards, instead of ballot standards which vary state by state. He also advocated instant runoff voting and public funding of public campaigns.

Nader said that the two-party system is not allowing third parties access to the higher tiers of federal government, and this two-party system is moving gradually to a one-party system, where gerrymandered districts make reelection almost certain for many members of Congress. He called this a system that can be rented by the rich. In spite of the stronghold that the two parties have on the system, Nader said that he has talked with several members of Congress who may be interested in helping to move legislation on election reform. He mentioned by name: John Conyers (D-Mich.), Ron Paul (R-Texas), Dennis Kucinich (D-Ohio), and Jessie Jackson, Jr. (D-Ill.). He anticipates this reform effort to be difficult, because as he said, "the foxes are guarding the chicken coop." Nader seems ready for a fight.

(08:50)
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Citizen distrust and wasted tax dollars

Caroline Fredrickson, director of the American Civil Liberties Union Washington Legislative Office, says that the inherent dangers of “fusion centers” is the sharing of information with no controls, no oversight and no structure to protect people’s first amendment rights. (0:49)


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